Brief Considerations concerning Trade, and Inte

II. It will in a short time double, if not treble, the yearly fruit and product of our Lands (the only solid Basis of our Wealth and Trade) by enabling, encouraging, and even enforcing Improvements of all kinds, whereby we may afford to under_sel our Neighbours, who now undersell us.

THe Improvement of our Lands, as it is the proper Basis of my Discourse, so is it the only solid one of our Wealth and Trade; and whosoever goes about to lay any other foundation, builds upon the sand: for Traffick without it, is but consuming and borrowing, wherewith we may swagger for a while, But mark the End.

We have little hope left us, I suppose, of making the Growth of any other Countrey our Own, when we can scarce afford to manage our own growth, whether English or that of our Plantations, the Dutch dayly more and more underselling us, even in those Commodities which they buy of us: If the culture of our Land should likewise fail, we were (for ought I know) already in the same con_dition with Ireland, (perhaps worse) that Kingdom being reported naturally more fruitful than this.

Here give me leave briefly to observe and insert the vi_sible decay of our Lands in this Kingdom, under the fore_mentioned pressures; which is such, That, to the great disparagement of our Soyl, we are forced already to play at small Game, and cannot afford Ireland the priviledge of breeding Cattel for us. Were our Pastures but tollerably mended, that Kingdom were as convenient a Nursery to this, as Holstein and Jutland, &c. are to Holland, and so that great Controversie might be happily reconciled to our mutual Benefit and Preservation.

For every Countrey is so far forth considerable as it is manured and no farther: Whereby an improved Parish becomes oft-times more worth than a neglected Province: I am not sure, Whether Holland alone would not now sell for more than Asia Minor, which once contained so many flourishing Kingdoms; But sure I am, there are many Millions of Acres in that and the adjacent Countreys of Syria, Palestine, &c. which before their Conquest by the Turk, were worth from 20s. to 10l. but could not now be letten for 6d. the Acre, and yet the Land the same, nay the better, (one would think) for long resting.

Now the Reason of all this is nothing but the embasing of the Land, which, whether it be done by War, Tyranny, Taxes, or Usury, all is one in effect, they differ only gradu; as some diseases kill sooner, and some poysons work slower than others: For if once the Land groan, it first becomes not worth manuring, and soon after, not worth possessing, by the infinite Progress which hath been alwayes observed both in Poverty and Wealth.

If then our Land begin to groan under six per cent. as it cannot be denyed, when our most ingenious and industri_ous Farmers dayly fall under it, and six per cent. only thrives, let us no longer desperately proceed, and expect the last Event, but rather, knowing our Disease, let us, in time, look out for the Cure.

Certain it is, That, in few places of this Kingdom, we want either a Soyl capable, or good convenience of Improvement in some degree; For, that our barrenest Lands might be mended, if it would quit cost, I need go no fur_ther for instance, than Black-heath; The doubt is, whether it will answer Interest, which, at once, augments the Charge, and shrinks the Value: Now, to me, it is clear it will not, where I see nothing done; For Profit, as it will not be compelled, so it needs not prompting.

We see, the Stock annually employed even in the ordi_nary culture of Land by ploughing or grazing, for the most part far exceeds the yearly Rent of the Soyl; so as every Far_mour hath two considerable Rents to pay, viz. to the Land_lord for his Land, to the Creditor for his Stock: Like two Buckets, the latter falling, the former, in reason, must rise, or rising fall: If then his Crops, computing hazards, (for the best and worst cost him alike) will not keep his Family, and answer forbearance, (as surely they now do every day worse and worse) the Landlords Rent must in time fall to a Pepper-corn, and the Tenant be reduced to Rags: Nay, if the Land be naturally very poor, no man can afford it or_dinary Culture or Stock, but to his present undoing: Upon which Account, much of the Land in this Kingdom proves deceitful to the Farmor, and (thereby) perhaps, burthen_som to the Commonwealth.

But were the Charges lessened by low Interest, and the Value doubled, what might we not expect from Industry so armed? Or who would longer think of three per cent. when, by purchasing and improving Land, he might make above ten.

We might then, in few years, have double, (if not tre_ble) Crops of Arable and Meadow; The same Land would be brought to feed at least double the Stock; Those excellent advantages of sewing and flouding, whereof so much Land every where is capable, would no where be omitted; Commons would be no longer undivided, nor common fields un-inclosed: All which are now neglected and upon decay, because the Cost being commonly great, the forbearance long, Interest of money and thraldom of debt intervening, the unfortunate improver, by common fate, gets only the credit of a Bankrupt, and title of a Pro_jectour, and six per cent. passes for the wise man.

When we had once gotten ground, as our Crops en_creased, so would the Compost yearly improve, like Inte_rest upon Interest; our Pastures, once mended, would ma_nure themselves to that Degree, that our Stock would not only multiply in number, but, with time, even mend in the Breed.

Plantations, which are now, in effect, confined to four or five Counties, and there but thin, would soon become general; A benefit scarce understood, or, indeed, credible: For besides the fruit, (which oft-times yields more in va_lue upon one Acre, without charge, than many Acres of the best Tillage,) the Pasture likewise, if the Trees stand not too thick, is rather bettered: All these and many o_ther felicities we forfeit, meerly because they will not an_swer forbearance at six per cent. which, (as they say of horses,) eats when we sleep: And little we see now a dayes performed, without the concurrence of great Activity, with as great a Purse, which seldom meet.

Many contrivances there have lately been, and some at_tempts, for the wonderful convenience of Inland Naviga_tion in many parts of this Kingdom, which would im_prove all our Improvements by the frequency and fulness of our Markets; The like noble designs have been and still are on foot, for the recovery of many of our lost har_bours, the preservation of those in decay, and the en_larging of divers commodious Creeks, to the publick safe_ty, and the vast encrease of our Wealth and Power; but, alas, there is little hope of such undertakings, the very trial of them is so costly, and the Shipwracks upon that coast so many, and dreadful; For it is a common Obser_vation, That projects seldom fail in Holland, nor take effect here, which, by gross mistake, is imputed to their ingenui_ty, being indeed, the natural consequence of low Interest; Were the rate of our Stocks equal, I doubt not, but these and many other publick works would soon be atchieved as well here, as in the Netherlands, since the success would then be more gainful, and the miscarriage not so fatal.

Much hath been propounded, and somewhat experi_mented, for planting of Fir-trees, Chesnuts, &c. for rais_ing, or encreasing of Liquoras, Saffron, Madder, Woad, and other rich Commodities in this Kingdom, where we have proof enough that they will thrive; For producing of Wines, Silk, Spices and Drugs, in divers of our Plantati_ons, where the Climate is the same with those Countreys, where they prosper most; But with slender effect, for, asking as they do, considerable charge and forbearance, they can never succeed, whilst our Stock is at six per cent. and the Market prepossessed by those who have money at three.

Now, if it be alledged, That it were in vain further to improve, unless we had better vent for our present Growth, This, I say, is, in effect, to maintain, that so the Land be tilled or stocked, no matter how it yields: On the contra_ry, do we not see, That it is the Crop, which pays Rent, and thrives? Had we such constant yield, as we might, at worst, be savers in selling at the Market price, (which en_couraged Improvement would probably produce,) We might well defie all interlopers: Besides, I dare say, the Hollander would soon be weary of engrossing, if our Far_mour could as well forbear to sell, as he can afford to buy; Joseph himself could not have engrossed without Pharaohs Purse.

But, alas, by the single want of this Encouragement, we now turn even Gods goodness to our great disadvantage, being oftener choaked with Plenty, than pinched with dearth, though commonly we suffer both wayes in the Revolution of a few years.

Obj. But, when money was at eight per cent, did not men thrive faster, improve more, and were not Rents better paid than now? Therefore abatement of Interest seems rather to be the cause of our decay. Answ. 1. Our chief Rivals in Trade the Dutch, have of late much abated their Inte_rest, and our dangerous neighbours the French have and still do greatly improve their large and fertile Countrey, to our certain ruine, if we keep not pace with them. 2. Our late distractions have helped much to cast us behind hand. 3. The number of borrowers, and those the most eminent, is so encreased by our late Oppressions, that six per cent. is become to many the least part of their charge. 4. The continuance of Land-taxes, with those of the Militia and Poor, by clogging the Land (money scaping) have, alone, worse than doubled our Interest, as may appear by this sad effect, That besides the fall of Rents, Land now sells at least two years purchase cheaper than it did, when money was at eight per cent. So as indeed, one would marvel that any have of late adventured to improve at all, against so many and great discouragements, as I fear few have done to their profit; And, I dare boldly affirm, That were mo_ney (withal) still at ten or eight per cent. our best Mansions and Farms had ere this almost all stood empty, (as even now too many do,) and the Counter had been much fuller than the Exchange.

Upon the whole matter, it is clear, That, were Interest reduced, and Land-taxes abolished, (as God forbid, but they should) Land must, of its own accord, soon double in Purchase, and then no cost could be bestowed upon it, with_out abundant Recompense.

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III. It will revive our dying Manufacture, by making the Stock of it cheap, and the Market quick.

WHen we have raised the value of our Lands, and augmented their Product, we have laid a good foundation; But that expects likewise a building, and Ma_nufacture is the first story; For as Trade, without improve_ment of Land, with us would be abortive, so without Ma_nufacture, it must starve at Nurse; Indeed, it is a wonderful advantage to us, to have the first Materials of Trade of our own growth, and consequently much cheaper than some who must buy them, perhaps of us: Yet if we rest here, we come far short of our Design; and can be neither rich, powerful, nor indeed safe; For, besides that we shall lose those wonderfull advantages of Trade, which our many excellent Ports, Scituation and Genius would afford us, And, (through our own default) quit and forfeit the dominion of the Sea, It is too evident, That divers of our Neighbouring Countries (by the benefit of more Sun-shine) do not only produce richer Commodities than we can raise, but must, if they likewise fall to improvement, (as I fear they may, and hear they do) probably exceed us in our own Crops: Without Improvement of Land, we perish, and truly, if we second it not with Manufacture, our condition may yet be sad enough.

For Instance, in former times, though our Land yeilded us plenty of Victual, and sometimes a goodly Overplus of Wool and Hides to sell; yet, for want of Manufacture and Trade, Ships we had few or none [though Timber e_nough] But were forced to buy or hire them of the Easter_lings, or Flemmings, for the transport of our Armies, and Convoy of Provisions, We atchieved little but by meer valour, at great Odds both of Number and Equippage, nor subsisted but by pure thrift; If now we should do so, What would become of us?

This the French King hath lately spied, and therefore now drives, like Jehu, to accomplish his design of Trade, but especially of Manufacture: Knowing, that thereby, he shall enrich his own People, weaken his Neighbours, and so advance his Revenues, (already vast) that scarce any thing will be too great for him to attempt; And a fair Progress he hath surely made, since we are told by all who have lately been at Paris, That late Walking in the Streets is already become as safe there, as at London, and their Roads as little infested as ours; A manifest sign of a thriving State where such disorders cease, For if Laws could suppress them, it is well known, both their Laws and Executions were severe enough before; If so, it is me_thinks, a seasonable alarm to us.

Manufacture, Trade, and Navigation (for they concen_ter) is now the Mistress of the World, courted on all sides; Once we had few or no Rivals, that we needed to fear; We might then afford to be somewhat extravagant; We have now many, and are therefore more bound to our good behaviour: I dare boldly say, That thirty or forty years since, we might better manage all our affairs, at eight or ten per Cent. than now we can at five.

Do we not see, That at Six per Cent. our poor Artificers and Tradesmen (who surely, were they cherished, would bring most honey to the publick Hive) without improvi_dence, fail in great Numbers, to the fatal discouragement of others? Such as have any thing yet left (finding small sweetness in that flower) wisely turn Drones, and by be_taking themselves to Interest, starve their fellows: It needs no long Enquiry, where this must end, as little, whence it proceeds; since, when our Artificer hath worn out himself with toyl, the Foreiner, who hires his money at three or four per Cent. under-sells, and out-trades him, and our own Usurer, who lets it to him at Six, (sitting still) op_presses him.

Do we not see our Island surrounded with Seas as rich as the Mountains of Peru? And want we not Fish, even for a Fridays Dinner? Are our People therefore sloathful? Sure_ly they are but discreet; for Experience hath taught them, that, at Six per Cent, (Fish they never so fortunately) they must be under-sold, abroad, by the Dutch, at home, by the Butcher.

Do we not observe, That, in most parts of England, there are great quantities of Land, which, by its natural goodness, or easie improvement, would bear Flax enough, which Flax, with its Manufacture, would produce Lin_nen, and at least save us one of our chiefest consumptions; VVill any man blame us if we make little? Alas, even the Shop stands in our Light.

Have we not in many places of this Kingdom, Iron Oare without end, with VVoods adjacent even to a Nusance, and competent Navigation? yet are we not in danger wholly to buy that Metal of the Swedes; who, by under_valuing both their Wood and Work, can afford it much cheaper? If any would know the reason, let him ask Six per Cent.

VVhat shall I say? Have we not VVool (once styled our Golden Fleece?) Too much, I am sure, for our Profit, though, for our purpose, I fear, too little: Have we not Fulling-Earth, a Commodity as choice as silver, and pe_culiar to us? and yet can we almost afford to cloath our selves? Is it not our best Market to export them raw, even in defiance of Capital Laws? What account can we give but this? That though we were much better Gamesters than we are, and had better Purses now, than ever we had, yet we could not hold play with the Dutch at the Odds of half in half: so vain it is to cut Channels, without clear_ing the Outfall, and removing Damms.

I am not so well versed in Cloathing, to set down exact_ly the difference in value, betwixt a Pound of Raw Wool, and the same weight of Cloath in the Shop; Sure I am, it is vast, and all the Overplus, not only lost to our selves, but betray'd to our most dangerous Neighbours, by ine_quality of Interest; The same Reason holds throughout.

But I dare say, were this ballance even, we should soon clear our selves from the imputation of sloath: And, with due encouragement, and time, (for all fruit must have its time to Bud, blow, knit, grow, and ripen) should Spin, Weave, Forge, and even Fish, to as much profit as the best.

But how shall we do, will some say, for want of hands? First, I ask, How do the Dutch, who want them more? Next, I refer them to Sir Walter Raleigh, who makes it clear, That a flourishing Country can never want peo_ple, so long as the World hath any; And that, that which flourisheth most, shall not only stock it self fastest, but drayne its Neighbours; So attractive is Wealth and Trade: He that only observes, how Vermine leave the Empty Barn, and run to the Full; And how Cattle break all Fences to come at better Pasture, needs enquire no further.

And now, (waving the main dispute of the lawfulness of Usury) let me only ask the Usurer this sober Question, Whether he can find in his Conscience to ask more Profit for the forbearance of his Money, than the Borrower did or could reasonably raise by the Use of it; And whether even lawful Interest, (exceeding this measure) be not a kind of Extortion, since it is clear, The Law doth barely tolerate, not warrant, or countenance Six per Cent: And if he find it be, let him (at least for the future) con_tent himself with such moderate benefit, as the Borrower, (Whether Gentleman, Farmour, Merchant, Tradesman, or Artificer) may cheerfully afford him.

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IV. It will plentifully relieve our Poor, by setting all our heads and hands on VVork, in the Coun_tries for Improvement of Land, In Cities and Towns, by the way of Manufacture and Trade.

I Shall not need say much particularly for the proof of this Assertion: Whosoever reads the two precedent Chapters, and admits them, will easily agree, That if all our Lands were upon their Improvement in Tillage, Grazing, Draining, Flouding, Planting, &c. There could want no work in the Countries; That if all our stock of money, and Fruits of our improved Lands were put forth to the great variety of Manufacture, Trade, Navigation, and Building, there could be no idle hands (and conse_quently no Poor) in our Boroughs and Corporations; That, betwixt both, Beggery would dayly decrease, and in time vanish: As it hath done long since in Holland, where they had not such advantages as we.

Only, I cannot but lament the inefficacy of some of our Laws concerning the Poor; In not preventing rather, than correcting Enormities: He that is, indeed, weary of his life, fears neither Axe nor Gibbet; And to prosecute such by the Methods of Justice, I will not say it is like the Excommunicating of Rats, But, I am sure it resembles the Outlawing of Tories: Again, To compel men to work is not the way neither, unless Wages be propounded, For Industry cannot be forced by Laws, it should be tempted with profit; or, at least, baited with a subsistence; since, in Policy, as in War, Paying and Punishing must go hand in hand.

If we ask Beggers, Why they work not, They answer, No man hath hired us: Examine such as hack Woods, or pluck Hedges, they say, The Weather is cold, Fuel dear, and they know not where to earn a Penny: Challenge the Thief for Larceny, Hanging and Starving (saith he) are both but Dying: Convict a Highwayman or Coyner, His Apology is, I am a poor Gentleman, or an unfortunate Tradesman, that was neither bred to Dig, nor born to Beg: None of these, I confess, are just Excuses; yet such Pleas they are, as comming passionately from the very bottom of the heart, would make the austerest Justice relent: If in lieu of stones, our Laws could provide them Bread, and instead of Serpents Fishes; That were the very Kiss of Ju_stice and Peace.

Where such Provisions are not, in some measure, made, That People can, at best, expect but Esaus Blessing, To live by his Sword, and serve his Brother: A pregnant instance whereof we have in the Hollander; whose Industry and Fortune hath been, and still is in some measure served by most of his Neighbours, as Mercenaries, in his Wars.

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V. It only can prevent the fatal Destruction of our Timber.

OF what importance, the preservation of Timber hath been always judged to this Kingdom, will best appear by the Number of Laws which have been made to that purpose, though neither the want nor use of it was for_merly so great or visible as now,

How little want there was of it, not only the Antient Prices declare (which forty or fifty years since, were so small, as scarce to answer charges, in places of remote and difficult carriage) but even the Prodigious waste in many of the Farm-houses of those times; Neither, indeed, was there then such use of it, as to threaten, (one would think) a future scarcity, Whilst our Buildings were few and mean, and our Shipping not very considerable.

Of late years, Trees have been every where cut down like Malefactors proscribed; The very face of some Coun_tries, near the Sea, Thames and Severn, is so altered with it, That he, who hath not seen them in twenty years, would hardly know them; Yet our use of Timber must dayly increase, if either we will enlarge, or but maintain our Trade and Naval force, without which we are lost; and to have it wholly imported to us by Foreiners, were such a mischief as we may dread the very thought of it.

It is doubtless, a great straight we are in, even in this juncture; For either the Building of London must languish, or the choicest of our remaining Timber must presently fall, or we must buy it to our great Comsumption, And it is hard to decide, which we best could now spare, London, Timber, or Money.

However, Certain it is, That the present Age is so well versed in Arithmetick, as to compute, That scarce any Timber can be permitted to stand, but to great loss in the Forbearance; Whereby, All that owe Money, or marry Daughters, do but discreetly (if they may) to strip their Estates to the last stick; And we all know, how few Land_lords are now exempt from both these conditions: So that one would almost marvel, how there should be any Tim_ber left standing and thriving, where the reasons for fel_ling are so urgent, and the encouragements for preserving it so slender.

But were Interest at a low rate, our Concernment could, in no regard, be so great: For since we see, the Dutch, ha_ving little Timber of their own, can yet afford, with Fo_rein Growth, not only to supply their own infinite occasi_ons, but even sell and build for others [their stock being at very low Interest] Why should we doubt, upon the like termes, to do the same thing? And far more profitably than they, having Ireland at hand, and our Plantations in Reserve; Where, if We can afford to fetch it, We have it for Cutting.

Neither do I Question, but that many Gentlemen [en_couraged with small forbearance] would both be more carefull in places of good Vent, to preserve Tillowes and young Timber-trees, And [betwixt Ornament, Conveni_ence and Profit] Plant new Groves and Tolles for Poste_rity; which they might well afford to do, even in divers of our Midland Counties, where the Buildings are, for the most part, Contemptible for want of Timber.

VI. It will pay the Debts of the whole Gentry by timely Sales, And yet leave them [one with ano_ther] better Estates, than now they have.

THe General Incumbrance of Gentlemens Estates, of what pernicious consequence it hath been, and must be to the whole Kingdom, is obvious enough: To it we owe the Cessation of Hospitality, the Corruption of our Manners, the Ecclipse of Honour, and Contempt even of Authority; The Degeneration of our Blood, and sup_planting of our best Families; To it the great Obstruction of our Commerce (by putting most of our stock, as it were, in Mortmain) and the Captivity of many honest Trades_men; For if Gentlemen become insolvent, or but bad Paymasters, Tradesmen, who are forced to depend upon them, must be so too: And, I conceive, the Miseries of a Country (not yet Conquered) cannot be more lively exprest, than by saying, That the best of the Gentry, & most of the People are inthralled with Debt: It is there_fore worth our while to get the Receipt, that will cure this Malady.

But, methinks, I hear Six per Cent. Object, You are all for the Gentleman; If you should abate Interest, what great matter would you do? Ev'n rob Peter to pay Paul; If the Gentleman be in debt, let him sell, and live within Compass; Thrift shall perserve him better than abate_ment of Interest: Answ, I confess, I am much for the Gentleman, because I think both the King and Kingdom are concerned with him: But I am likewise for the Usurer, And my main design is to make him a Gentleman too; which he may soon be with great advantage, By purcha_sing Land with his Money, and improving it so, As, be_twixt his Improvement and Purchase, it will soon double in the value (A Gentle Robbery) Nay, if he continue U_surer, he may perhaps, in time, save as much in the secu_rity of his Principal, as he shall lose by the Abatement of his Interest.

Neither am I convinced, That the Gentleman (in this season) can sell when he will, But upon the same termes as Lean Horses are sold in Smithfield, or Quantities of Wheat in the Market, now Corn is cheap, which, though Usurers may wish, yet Freeholders have no cause to re_joyce in: As little do I believe, That, having sold, he can (with his clipt Revenue) live within Compass; Nay, if he have a Family, I dare maintain, That, with all his Pro_vidence, he can never provide for it; But, as rents are now paid, must soon incur a Relapse, And the best Hus_band can only promise himself Ulysses his Priviledge, to be swallowed last.

Least of all am I in love with this Notion of thrift, being rendred so necessary even to our subsistence: 'Tis time in_deed to fast, if there be no meat; But sure that imports ei_ther Famine or Siege: For, Admitting such Parsimony, what shall become of Trade, his Majesties Service, and Revenues? Who shall build our Ships, Rigge our Fleets, and pay our Armies for publick Defence? If this be our only Sanctuary, I doubt, we are very unsafe.

But were Interest of Money considerably abated, All such Gentlemen, as are not already free of the Prison, would soon be free from it; For, admitting Debtors to owe (one with another) each a third part of the present value of his Estate (And upon that account, there will be, in effect, one third part of the Capital, dead and lopped off, as it were, from the Commonwealth) If then he that hath 600l. per annum owe 3 or 4000l. Surely he may, (Interest being reduced) at least readily clear himself with the sale of 200l. per annum; And his 400l. remaining shall not only, in a short time, advance to as much in the real value and Purchase, as the whole would have yeild_ed before; But his Pressure will be relieved, his Gan_grene stopped, his Rents secured by the Ease and Encou_ragement of his Tenants, and his Estate must lie very unhappily, if his yearly Income likewise, with time, im_prove not.

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VII. It will make Money so easie to be borrowed, That even the Lender must shortly pay the Bro_ker and Conveyancer, 1 By dimishing the Number Of Borrowers. 2 By clearing Incumbrances Of Borrowers. 3 By enlarging the Security Of Borrowers.

TO make Money easie to be borrowed, we must make it plentiful in the Land; And that, I am sure, is only to be done by the Importation of Bullion upon the Bal_lance of Trade, Other Importation than this, (viz. up_on Loan) is worse if possible then that of Dutch Cloaths, French Stuffs, Stumme, or Logwood, as bad as would be the bringing in and cherishing of Wolves again.

The only sound hope we have of importing Money this way, is by advancing the Manufacture of our own im_proved growth to such degree, as we may afford (at least in those Commodities) to undersel all our Neighbours, That so the Spaniard, in the Canaries, may not pinne his Wines upon us at his own rate, which we dare not refuse, Knowing, That otherwise he can have the trade of our growth as cheap, perhaps cheaper from others: And that even the French may not gain of us at least half in half in Commerce, and presently melt down the Monies so gotten [as I believe they have done most part of our Gold, least we should perceive how much we lose by the perni_cious trade we drive with them:] If this were Effected, [which only low Interest can produce] Our Native Com_modities [which, though not so fine & sumptuous as those in Southern parts, are yet more solid and useful] would redeem their value, and we might soon grow rich.

Obj. But will not low Interest carry all our Money into Countries where more is given? Answ. 1. By that Rule, Those Countries, where Interest is high, should draw all the Money to them, whereas, I hear, they have very lit_tle: 2. The Hollander were then dull indeed, who never yet discovered this Mystery; Surely the Fool hath had great fortune with it, For he commands more Money than some, that have twenty time his real Estate: 3. Interest is now near double in Scotland and Ireland to what it is here; In the Barbadoes, treble; And yet I suppose, there are few Usurers [none that I have heard of] whom it hath tempted to dispose their Monies there, to so great advantage.

Obj. But how shall we do for the Present? Commerce will be interrupted, and Borrowers undone, For men will not lend Money at low Interest, They will rather keep it by them: Answ.Twice before [to my knowledge] the Usurer hath set up the very same scare-crow; And now we fear it not, But rather hope, that, in time he may be perswaded to lend out of pure Charity: 2. We know him too well to believe that he will be perswaded to keep his stock dead, and live upon the Main, if he can help it: 3. When he hath done swaggering [which will not last above an hour or two at most] he will sit down, and con_sider his own behoof; And if he find a better vent for his Wares (as certainly he may) that Market he will chuse: 4. He will have his choice of three, Purchasing, Building, and Trading; which are the proper Channels, into which we desire to turn the Current of his thoughts: 5, Till he have resolved and fitted himself, he may probably, by a_greeing with the Borrower (for their Interests I suppose may therein jump) the Law so permitting, continue his Money at the present Use; Or the Law it self may have a future Commencement, whereby both sides will have lei_sure to dispose of their affairs; And yet Debtors will in the mean time be somewhat relieved by the Prospect of it, in raising the value of Land.

Obj. But what will become of Orphans, Widows, and other Impotent Persons, who want Judgement or Faculty to Trade or Purchase: Answ. 1. There are likewise Wi_dows and Orphans, that have Lands; Who betwixt the Fall and Loss of Rents, and deduction of Taxes, do now suffer more, I fear, in proportion; And yet who ever dreamt of providing for them? Or judged it reasonable, that their Lands should be letten dearer than they are worth? 2. There are yet others, almost without Number, well known to the Usurer; (for most of them are in his Books) who have Farms cast up to their great loss and are, perhaps, as little qualified for Husbandry, as any Widow or Orphan can be for Purchasing or Trade; And yet do Creditors commonly take compassion of such? 3. If these be no answers to their importunity; They must know, That it is fair for them, if they be not Oppressed; They should not think of Oppressing others, which they now certainly do, By exacting more Profit for the Use of Money, than either Land or Trade will regularly bear.

It hath already been proved in the Precedent Chapter; That the Reducing of Interest would enable the Gentry speedily to pay their debts, by such timely sales, as should be to the Debtors comfort, and yet chiefly to the Credi_tors advantage; Were this done, and did the Kingdom but begin to flourish again, by Importing Money yearly upon Trade, Borrowers would soon be few, Exigents fewer; Mortgages would be Cancelled, Judgements and Statutes vacated by thousands, Estates would unawares re_cover their antient Simplicity, and the same Land would then readily pawn for double the Sum; Credit would no more betray both sides, as now it doth, The Debtor to Disappointment and Extortion, the Creditor to Pre-in_combrance and hazard of his Capitall; but would be great and sound, even without a Register, (though that like_wise may as naturally follow low Interest, as the thread doth the needle;) Whereupon it is more than probable, That such as shall desire to lend at the Rate established, (as I suppose not many wil) must pay the Reckoning, which for their Encouragement, will not be great.

VIII. It only can Re-build London, Profitablie as to the Builder, speedilie as to the Publick.

IT is a common saying in this City, grounded upon too much appearance of Reason, That the Burning of Lon_don hath undone many, but the Re-building of it will un_do more: For it hath been seriously computed, That, at the present or probable Rate of Materials, some of them being to be brought in by Foreiners, who may set the Dice upon us; Others to be procured at home, which the Exi_gence must needs enhanse: Others yet depending upon the Contingent Price of Coals; And Labourers (if not li_mited by Law,) growing unconscionable; The greater part of Builders will hardly so accomplish their business, as that they may afford to let or sell at the rate the houses, being built, will yeild; Many, I grant, who have full Pur_ses, and happy Lots, will be good Gainers: What will become of such as Build in by-places, and borrow, is somewhat doubtful.

But were Interest at a low rate, whereby the charge of borrowing would be half contracted, and the value of Building doubled; None could build to loss, And we should unawares see London again.

&horbar

IX. Propos. It will inviolably Establish the Crown of Eng_land, 1. By Advancement of all his Majesties Revenues, 2. By the welfare of all Majesties Subjects, 3. By making Land, (which is in safe hands) the Over_ballancing Scale of Wealth and Power.

I Suppose, it will not be denied, that if the charges of our Government and Defence should encrease, as they have lately done, and (for ought appears) must still do, by the dangerous growth of our Neighbours, and yet his Majesties Revenues should yearly decline, or not im_prove in some measure: Whereby Purging and Bleeding by Taxes, must be, as it were, our constant Diet; If, by the Encrease of our present distemper and decay, Most men should be ill at ease in their conditions, and through dis_content secretly disposed to Faction, If the Nobility and Gentry (the known Supporters of Lawfull Authority in this Kingdom) should be so weakned in their Estates and Credits, that they could contribute little to the Ayde or Comfort of their Prince; We could not, with reason, ex_pect, but that our Peace must soon be disturbed, the Go_vernment shaken, And, in time, the Kingdom ruin'd: As on the contrary, If his Majesties Income did far sur_mount his Expence, Whereby burthens would cease, and with them our factions exspire; If most Estates and de_grees could thrive, and our Peerage and Gentry so re_deem their lustre and influence, as to be again the Pillars of this goodly Fabrick; The Imperial Crown of England were established upon such a Rock, as nothing, now visible, could assault or mine: That all this would ensue up_on the reducing of Interest to a very low Rate, remains now briefly to be shewn.

His Majesties Principall Revenues are, 1. Lands, 2. Customes, 3. Excise, 4. Hearthmoney, 5. Tenths and First Fruits.

1. His Crown Lands must certainly, (in proportion with others) be so improved, That, upon the encourage_ment of good Leases, the Tenants will afford to raise both their Rents and Fines. 2. His Customs of Exportation, (whereof even our Parochiall Tithes are a kind of Modell,) must needs, with the encrease of our Fruits, and flourishing Manu_facture, more than double; Let those of Importation shift for themselves: And then besides they would be duly and cheerefully payd, since stealing of Custome is the known effect of an unthriving Trade. 3. His Excise, of it self a vast Income, Only maymed by the swarming of blind Alehouses, the breaking of Poor ones, and sharking of most, (when those, who now be_take themselves to that calling as their last refuge, shall find other employments more profitable to themselves and the Publick, and none but responsible men sell Victualls or Drink,) would be perhaps, in time, more than trebled. 4. Hearthmoney, by the encrease of Buildings, and the decrease of Poverty, would swell almost in the same pro_portion. 5. Tenths and First Fruits, depending upon the value of Titheries, would partake of their Augmentation.

Of his Majesties Subjects, I have already shewn, That many will be relieved and gratified; It rests only for me to convince the three Great Faculties of their Benefit, viz. Divines, Lawyers, and Physitians.

The Clergy, methinks, have as great Interest in it as any, the Tithe of all Improvements being their Inheri_tance, which will flow in plentifully to them, without fraud or murmur, when the Farmour can well afford it: Such of them as are dignified, may, with satisfaction, en_crease their Fines, whereof they can otherwise scarce ex_pect, without Reluctancy, to continue the former Rates.

The Lawyer, besides a present Crop of Clients, which multitude of sales will bring him, may likewise solace himself in the future Encrease of Wealth, and Business, whereof, I dare say, he will likewise have, at least, his Tithe.

The Physitian drives a Generall trade with Mankind; And the richer the people be, the more and better Patients, I trust, he may promise himself.

Even the Usurer (if he be not of so savage a Nature, as to delight in Cruelty, or so envious, as to hate, that any should live beside him,) may find his wishes; For, doubt_less, there is nothing he so greedily affects, as to Pur_chase, and become a Landlord upon his own terms; And what better can he ever expect, than, now, to buy Land, as he may, at twenty years Purchase, which he shall pro_bably improve in the Rent, but may certainly, in some time, (if he please) sell again for thirty or forty, and so exchange his Chattel for an Inheritance of double Value? If yet the Interest of Goalers and Catchpoles must prepon_derate, our servitude is near accomplished, since we are al_ready (it should seem) over-awed, and tongue-tyed. Lastly, The English Landlord, (who hath been crush_ed chiefly by the Rate of Interest, at once overtopping his Revenue, and undermining his Inheritance) will re_cover that Power and Credit in his Countrey, the want whereof was the source of all our late Miseries; And will be abler than ever, to serve and ayde his Majesty both with Person and Purse; How willing then he will be, I think, needs no Proof: For besides that Land, being visi_ble and immovable, is most responsible to the Law; the Owners are likewise, for the most part, best Qualified for Blood, Alliance, and Education; so as, without some brack or controversie of title, it is scarce imaginable, how the Interest of the Land should at any time be severed from that of the Crown; That therefore which gives price and weight to Land (as low Interest can only do) must needs adde Vigour and Splendour to just Authority.

The summe of all is This, Should England now again be seriously weighed in the Ballance with most of its Neighbours, (as once it was in jest,) We should, I fear, find our Scale lighter in proportion to them, than we think: For that our Land hath lost of its weight is too demonstrable; Even by the Old Rule, Tantum val_et Quantum vendi potest, which seldom fails: That ma_ny of our Baggs are missing, is no lesse visible: How o_thers have lately thriven, may deserve our first Enquiry; Next, how our own substance hath wasted: If it be found, that this secret Venome hath even consumed our Marrow, macerated our Flesh, and shrunk our Sinews; And that the Expelling or qualifying of it would yet soon restore us, with advantage to our former soundness and substance, I hope Usury (such Rate of it, I mean, as manifestly oppresses both our Rents and Traffique) will not hereafter find an Advocate: For who is he that would [if he could] uphold the wretched Interest of thriving, by his own sloath, his Neighbours Bondage, and his Countries Ruine.

&horbar &horbar

I Cannot but take notice of an Opinion now generally swallowed and digested, (though to me, I confess, some_what strange,) that the Usurer hath acquired a well_grounded Property in the rate publickly tolerated, so that he may as conscionably make the best of his Money by Loan, (at least so he incur not the Penalty of the Sta_tute,) as the Landlord may do of his Land by letting: Whereupon he surmises, That in being abridged of his Interest, (though with great reason, and by just Authori_ty) he shall be wronged, and dispossessed of an undoubted Right; For so indeed the Land-Owner might reasonably think, if the Rents of Land should be limited by Law.

I could heartily wish some men would consider, That bare toleration certainly imports disallowance, since we cannot with reason be thought to approve what, (for other consideration) we purely dispense with, As in the case of Curtesanes at Rome, whom the Pope protects as a Prince, yet condemns as a Prelate, That they would seriously re_flect upon the heavy censures of the Church in divers Ages against Usurers, which did ever put them in the highest Rank of Excommunicated Persons, To whom the comfort of the Sacraments, with the priviledge both of Church and Church-yard was denyed, And they disabled to make Wills, &c. That they would compare those Ca_nons with several of our Statutes concerning Usury, made both before the Reformation of the Church, and limitation of Usury, and since: They might then perhaps find the case not altogether so clear.

Before the Reformation of our Church, and limitation of Usury, (viz.) 3.H.7. Cap. 6. It was ordained, That all Usury shall be extirpate, &c. Also, 11.H.7.Cap.8. He that lendeth his Money upon Usury, or maketh any Bargain of Lands or Goods grounded upon Usury shall forfeit the one half thereof: And the Statute 37.H.8.Cap.9. even in limiting it declares it to be unlawful, and only therefore limited in order to the Repressing of it.

Since the Reformation and Limitation, 5.E.6.Cap.20. Repealing the Law whereby it was limited, Enacts, That no Person shall lend or forbear any sum of Money for any manner of Usury or Encrease to be received or hoped for, above the sum Lent, upon pain to forfeit the sum Lent and the Encrease, Imprisonment and Fine at the Kings Pleasure.

13.Eliz. Cap.8. Made to revive and reinforce the Law which limited it to ten per cent. having divers times styled Usury a Vice, and declared, That all Usury being forbidden by the Law of God, is sin and detestable, Be_sides the temporal forfeiture, provides, That Offendors may also be punished according to the Ecclesiastical Laws heretofore made against Usury. Made perpetual 39.Eliz.18

21.Jacobi Cap.17. Reciting the many mischievous Effects of so high Interest as ten per cent. (viz.) A very great Abatement in the Value of Land, and other the Merchan_dizes, Wares and Commodities of this Kingdom, the dis_abling men to pay their Debts, and continue their Main_tenance of Trade, the enforcing them to sell their Lands and Stocks at very low Rates, to forsake the Use of Mer_chandise and Trade, and to give over their Leases and Farms, And so become unprofitable Members of the Commonwealth, to the great hurt and hinderance of the same, after the reducing of it from ten to eight per cent. Provides, that no Words in the said Act shall be construed or expounded to allow the practise of Vsury in point of Religion and Conscience.

Now, though some have, perhaps, of late discovered, [by what light I know not,] the weakness of our Ance_stors in this Point; Or rather, in regard some must bor_row, and others will not lend for Gods sake (subsisting, as we do, by Husbandry and Trade) It hath been found ne_cessary still to permit a certain Rate of Usury, More mo_derate, than unconscionable Creditors, (despising Church Censures) might otherwise exact; Yet, surely, Princes are the more concerned, (both as Christians and Law_makers) to Provide; That, at least, the Rate thereof be such, as may neither spoyl their Subjects Market abroad, nor make their Husbandry and Manufacture un-easie or unprofitable to them at home; For, in such case, the Rate permitted, (whatever it be,) will prove both a Canker to their State, and, in it self, little differ from Rank Extor_tion.

Licensed March 9. 1667. ROGER L'ESTRANGE.

|CEC |Y1676 Is not the Hand of Joab in all this? OR An Enquiry into the Grounds of a late Pamphlet Intituled, THE MYSTERY OF THE New-fashioned-Goldsmiths, OR Bankers, &c. AND Answering the Exceptions in it to the Bankers Trade. &horbar Printed in the Year, 1676. An Enquiry into the Grounds of a late Pamphlet Entituled, THE MYSTERY OF THE New-fashioned Goldsmiths, or Bankers, &c.

HAving lately seen a Pamphlet under the Title of The My_stery of the New-fashioned Goldsmiths or Bankers, &c. I presently conjectured what I found it to be in the Read_ing; A prosecution of the design managed of late by so many clandestine whisperings of Jealousie into the Ears of unwary People, and the spreading of false and scandalous Reports, to bring that Breach upon the Credit of this famous City, (and by consequence up_on the whole Kingdom) which so many of all degrees and professions have already felt no little of the evil of: The restless Spirit of this Author thinking scorn to reflect upon the most convincing guilt cast upon him by the many Ruines which his past Artifices have wrought, but as if he made it a sport to do mischief, pursues his project by a new device. Thus he endeavours by this pretended Letter to confirm those surmises with a shew of Reason, which he first attempted by rumor and surprize upon the minds of the People; well knowing that false and foolish arguings are then most like to bear a better appearance to them, when by fraud and practise their fears and jealo_sies are alarm'd, and (by the venomous effect thereof) they stand confounded and prejudiced in their understandings and judgments.

I marveled at first, comparing the Title (where we have the Au_thor taking upon him the Name of a Merchant) with the Letter, (where I find his opinion so cross to the sentiments of all other of that Profession) what kind of Trader this should be; especially while I find him so much at leisure, as upon so slender a Theam to trace the series of above thirty years, with such abundant industry, concerning the Rise, Growth, State and Decay of the Bankers: But my Genius soon satis_fied me in this point, well remembring that there are some New_fashioned Traders, whom I forbear to define further, who under pretence thereof walk the Exchange as very Merchants, that have both time enough to busie themselves about other mens matters, and their Ad_ventures being rather the diversion of their fancies than their business, and way of subsistance, know little, and perhaps care less, what the true Circumstances of a Merchant are with reference to the Banker: and yet (forsooth) presuming under the notion of an observing Merchant, to determine a matter of so much moment to the Interest of the Trade of the whole Kingdome, as no one thing besides it could be. But the matter having a Mystery in it (as he further tells us in his Title) he should have handled it with a little more modesty than he doth, few that attempt to open Mysteries, expounding them so right, but leave just occasion for other men to dissent from their judgments, and oft times to correct their Errors. But enough of the Title, now to the Letter.

Wherein it being plain that it is the main business of our Author to dissemble his true end in the penning and publishing of it, and yet so to calculate and put it together, as to make the whole drive at the end he designs, it will be requisite to inquire into his end, What it is, and shew, that the pretended occasion of this Letter was not the intent of his writing it; Towards which it is to be observed,

That it would reflect too much imputation of Levity upon a thirty years observer and discoverer of Mysteries to tell such a long and studi_ed Story to a Country Gentleman, upon the single occasion of his Sons disposal to a Trade, it being of all things most ridiculous in a man that would be had in reputation for wisdom, to shew himself disagree_able in his Discourses, to the nature of the subject whereof he treats. Nor will I so far prejudge his Charity to the Bankers, as that out of any private Pique or Disgust to the persons of them or any of them, he would lay about him as he doth, with a zeal so passionate and im_placable.

The Design then of this Paper must be somewhat more consider_able, and is of a more Publick Aspect; and consequently the Product of a good Intention to the Common Good of the Kingdom; or its Contrary, i.e. the working of an Evil and Mischievous Spirit, to pro_mote and compass some private End, that cannot be otherwise brought about but by bringing ruine upon the chief Credits of the Kingdom, and discomposure, disorder, and an unaccountable Jealousie upon the minds of the People.

Of these two so contrary Ends which hath been in this Gentlemans Design, it will not be impossible from the parts of the Letter, well con_sidered, and the timing of it, to arrive at a satisfaction in it.

A good and laudable end I would willingly have found in the drift of this Paper, that however I am satisfied, the effect of what our Author hath done is mischievous, yet I might (as one who knowes that in ma_ny things we offend all) have retained a favourable esteem of his honest inclinations: But herein I can in no wise reconcile my Reason to any of the Rules of Charity. For it is generally the happiness of a good Purpose to be reduced in all its pursuits to honest Mediums in what it aims at; and it is in truth a Contradiction to the Laws of Property, to do evil that good may come on't. Had our Author design'd sin_cerely, he would have looked as well to give some tollerable Proof of what he recriminates the Bankers with, as to accuse them; and not only here and there one, but all of them. Nor doth the time of emit_ting this Paper, favour less of a Peaceable intention: Was there never a time nor occasion offered these thirty years, before this Gentleman's Son was to come Apprentice, to represent these Errors of the Gold_smiths (if they have been guilty of them) to the World? For what season then is it calculated? But to follow on the Victory which false Report, wheedling insinuations into the minds of simple and in_considerate People, hath obtained against the Bankers Credit without cause: When the Minds of Men are so startled by this means, that no man can be trusted though of never so good Estate; and when for this cause, many Merchants and others of considerable Substance, for want of the ordinary supplies of Mony, are like to suffer in their Re_putation both here and beyond the Seas; no punctual payments to be made in the course of Trade, as was wont to be; numerous Bills of Exchange returned with Protest for non-payment; Clothiers and other Tradesmen forced to keep their Commodities on their hands, be_cause the Merchant can neither get in his own Money, nor raise any upon Credit; consequently Fraughts of our Shipping on a suddain much fallen, and few to be had. One would think the sight of these Calamites should make a wise & good Man defer the prosecution of a thing, never so much unfit in his private judgment, rather then pursue it in the sight of such woful accidents: It hath ever been the principal Wisdom of Discreet and Wise Men, even in the Seat of Government, not to be over hasty in breaking inconvenient Customs once rooted by Time and Use, for fear such Alterations might bring great Disadvan_tages upon the People; but to do it by a certain gradation, that the good of the remove might appear through all the accidental Discom_modities of such a change; how much more should our Author in the Point in hand, have considered this Principle before he thus laid about him without fear or wit.

What can this Letter then of our Authors, duly weighed with the Antecedent preparations to it, and its accompanying Circumstances, import less than an inconsiderate and destructive Design to the unhing_ing of all the Credits of the Kingdoms? having its Rise from Anger and Ambition, and in its end aiming at the promotion of Fraction.

The matter of Design being then the Breach of the whole Credit of the Kingdom (wherein the Interest of Trade is most essentially con_cerned) he singles out the Goldsmiths or Bankers as the chief Seat thereof; and levels two main Pieces of Artillery against them, 1.Their Crimes, 2. Their Insecurity.

Of the first Schedule of their Crimes managed between them and the Merchants in weighing and culling of Money, &c. they being ap_plyed chiefly to the Goldsmiths of the Old Fashion (as our Author terms them) and not so material to their late and present state, as Bankers, I shall leave some of themselves to vindicate, for fear they have no Country Gentlemens Sons put Apprentices to them; only re_membring him of a few things:

First, That he did very ill, and not like the Man of Conscience to his Country he pretends to be, that knowing of such Practices of the Goldsmiths, and that to the term of place where they acted their In_justice to the Kingdom, he should be silent, when it was in the power of his hand to have discovered and remedied so great a Mischief; no good Laws being wanting on that behalf. Or,

Secondly, If this confident accusing of them, be more then he hath grounds for, how vile and inhumane is it to reflect at such a rate upon Men, in a thing wherein not only their honesty is taxed; but their chiefest Interests lie obnoxious to danger. And

Thirdly, Whether he be not unreasonably partial in his reflections; to let the Merchant pass Scot-free, upon such an occasion as that of his dealing for our heaviest Money to transport beyond Sea? For admit the Goldsmiths sold it, (which yet must not be taken for granted be_cause you say so) yet certainly his fault was the greater, who so in_dustriously laboured to procure such Coyn, with a setled intention of conveying it out of the Kingdom for his private advantage, and actu_ally did so, as you accuse him.

But it may be you will recollect your self, and think fit to write a Letter against the Profession of a Merchant too (excepting some of your own fashion) and when you have got him under the Foot of your Pride and Folly, as you hope shortly to have all the Bankers; we shall be brought into a fine World indeed. Nor so I ought to the contrary, but that they may well defend themselves in what you make the matter of their condemnation; more especially, in that of being Instruments of raising the value of our old Gold. Pray Sir, What made the Merchants so forward to Transport it, but that Profit was to be made of it beyond the Sea? and if so, what likelier way to keep it at home, than by advancing its Price here. And if it was sent away when the Rate was raised, would it not much more have been so, if the value had continued less? only perhaps it might have asked a little longer time, by the Merchants being put to imploy Instruments somewhat more improper then the Goldsmith, to buy it up from private hands. The like may be said for the inequality of the Rate of Guynnies (about which the Goldsmiths are also accused) which were never by any Proclamation of His Majesties, declared a Current Coyn of the Kingdom, and limited to a certain Rate; but left under the Notion of a Commodity, to rise or fall in price as the course of Exchange went in Forreign Parts; for this very reason, that by such raising of the Rate of them, they might be preserved in the Kingdom, when happily the state of Exchange might otherwise have laid a temptation before many for their private gains, to have sent them away. Thus our Author may also in other Points have been a very Incompetent Censor of what the Bankers have done in this distinct Trade and Mystery. In which Case I have sometimes known a wise Man to have confest divers things to be reasonable and good, when the Nature, Grounds, and Ends of them have been opened by one well versed and experienced therein, that he could not in his own single consideration reconcile the Notion of common good and advantage. And if our Author have any mea_sure of Ingenuity, peradventure he also may reflect upon this his hasti_ness of accusing Men in such matters that he so little understands. It's pretty too to take notice what a young Sophister our Grave Obser_ver is become, when he tells us of seven millions coyned at a time in half Crowns, which he saith was apparently reduced to less then one Million, and layes the whole blame of it at the Bankers doors. Seven Millions of what, in half Crowns? he afterwards tells us seven Millions of Silver, which our ordinary English Dialect would presently inter_pret to mean Pounds Sterling, if our Reason (which he never design'd his Letter to be examined by) did not contradict the possibility of the thing, and then the Peoples mouthes might be opened indeed against the Banker, which is all the Mark he aims at. But admitting our Au_thor to be a little out of the way of writing agreeable English, and that by the seven Millions in half Crowns, and the seven Millions of Silver; he intends no more then seven Millions of half Crown pie_ces; Lets consider whether he be any more honest in the thing, then he is clear in the expression. Seven Millions in half Crowns, by my Arithmetick, amounts to eight hundred seventy five thousand pounds Sterling that he alledges was then Coyned: But Sir, I have met with as likely an Observer in this Point, as your self, who assures me, it will be no injury to tell you, that you are out in your Calculation almost half in half; and if you be so ignorant, or insincere in an Extream on that hand, how shall we trust the truth of your Observation and Can_dor in what you affirm on the other, that the Money then coyned was apparently reduced to less then one Million by a new mischeivous trade of the Goldsmiths. But I do not well so much as to name truth and sincerity with respect to any thing in this Letter, which was never de_signed to be drawn up by the line of any such Vertues, Blackning of Men being a far better way to do our Authors business: And it were endless to open all the false suggestions that are in the composition of it.

Next to that, I find the chief crime objected against them, is, The great advantages they have made in the course of their Trade, especially when they dealt with his Majesty, and bought up Bills, Orders, Tallyes, &c. Indeed Sir you do not well to tax them at this time a Day with those Offences. Why did not such an Observer of the State of the Bankers as you, urge their Sin of 10.l. per Cent. upon them then? when if your Arguments had been powerful to touch their Consciences, they might by this time have reckoned that Charity in you, which as matters stand, they can receive under no other Notion but that of reproach and spite. And yet, hark you Sir, Hath it not been the Principle of one you know That as the occasion and Circumstances may be, there is really no wrong put upon a mans Conscience, nor injustice offered to another, to accept of above 6 per Cent. for the advance of Money, nay nor any breach of the Law therein? And if neither the person of another be oppressed, nor the Law violated, where is the Offence? But now you cry out aloud against the Banker, as an unpardonable Extortioner, if in any case he exceed the terms of 6 per Cent. which renders it not unneedful (for the Readers sake) to put one or two Cases to your enquiry about this matter.

Let the first be that of Discounts upon Bills of Exchange, which you tax, among other things as against Law, and very oppressive: But, Why so? Really you puzzle my wits to find a Reason for what you say, and you have given us none to think off. A Bill of Exchange during its Negotiation hath never in any Time or Memory, gon under any other Notion than (till I can find a better word for't) a meer piece of Merchandize, which if a man will dispose of, he must do it at the Market rate, or (to speak more like a Merchant) at Price Currant; for there is a certain variation of the rate of Discounts as the occasions for Money are great or less; and they were never higher than your Self and your Con-sociates have lately made them by your new-fashi_oned Artifices.

Another Case lies in the Bonds given by the Merchants to his Ma_jesty at the Custom-house, for the additional Duty upon Wine, wherein the Act of Parl. allows the discount of 10 per Cent. to the Merchant if he pay ready money. What then if the Bankers shall lay down the value to the King upon those Bonds: I put it by way of Inquiry, since plainly that allowance was given, to accomodate the Kings present service, Whether it be an Evil in the Banker, to take that allowance, upon serving the Publick occasions with a present supply, on the Cre_dit of those Bonds, which the Merchant should and might have had by the grant of the Law, if he had paid down the Money himself?

But what the monied Men and Creditors of the Bankers will most look at, is, what our Author will alledge against the Security of Money in their hands, which therefore we must alike look into. And because the Creditor will be nice in his Enquiries here, I will first state his Objections truly, and give such Answers as I will with the same free_dom, leave to the Readers judgment: My design being only to disabuse my fellow Citizens and others, that they be not frightned with shadowie appearances, nor suffer themselves to be thus play'd up_on by every sly and subtil Gamster, to disturb the setled course of their lawful advantages, to gratifie the humor of any person or faction, whose end is more themselves than the Publick good.

He Objects then against the Bankers Credit. First, There being no safety in dealing with the King, while the deplorable Crys of the Widows and Fatherless are such, whose Money, as he phrazeth it, they say at least, they lent his Majesty, and cannot repay them. And did they not lend it the King? (Why delight you thus in the soul course of casting Dirt?) And for that, Tallyes, Orders, and the Great Seal it self are found to be no security.

Secondly, That He cannot imagine how Bread should be got by their Trade of borrowing money at lawful Interest, to lend it upon unlawful to private persons; though they can silence their Consciences forgetting Chri_stianity, &c.

Thirdly, That the Bankers are not Men of greater Abilities nor ac_quired Parts than other Tradsmen, nor better instructed than others to im_ploy greater Stocks in an advantagious Trade, &c.

To these Objections respectively, a few words.

To the first; I take it for granted that the Reasons urged upon account of the detainer of money in the Exchequer; and the stop of the proper Course thereof, did and may give a just hesitation to the minds of men; and his Majesty himself, as well as the People, hath, I doubt not, reflected upon that Counsel, with the greatest dislike and indignation before this day. Our Author nevertheless deals herein very uncharitably with his Majesty as well as elsewhere with the Bankers, in alledging somethings utterly untrue; for though there was in that unwarrantable Counsel, a breach upon the Course of Tallies and Or_ders; Yet he taxeth the Violation of the Great Seal without ground. He must refer in that point of the Great Seal, to the business of the Custom Farm, in which it is true the Patent that had already past the Seal for the main part of the Customs was resigned up again, but not forced.

This Gentleman I guess cannot but well remember at whose house this was acted, and who had a main hand in the contrivance of it; and if so, he may withal call to mind that the occasion of that surrender of the Seal was from some difference about the Termes of a second Pattent relating to the Wine Act, which while the then Farmers insisted upon, and more refused; some of them with less foresight than was convenient, offered the acquitting of the whole Bargain, and the Seal whereby they held their Right in the other Part; and having so offered it, it was accepted as suiting the present Design, without possibility of re_trieve.

This Gentleman is yet much more out of the way, to assert that the Persons concerned in the Exchequer Debt, have not their Interest to buy them Bread: May not a man well doubt the truth of his Obser_vations for so many years past, who errs in a Point that is now in Action; for who knows not that there is a settlement of seventy thou_sand l. per Annum, for two years out of the Publick Revenue under the Great Seal, for the quarterly payment of those Interests to the Bankers? which is so punctually satisfied to all such whose Accounts are stated, that it is not the Kings fault, if every Creditor have not his Interest paid him every quarter day, such Security hath that Great Seal given.

He knew well enough also, what fresh Assurances are lately made to the Bankers, of having the said Interest continued by force of ano_ther Great Seal, and the Additional Hopes (as is most just) of some further way of Settlement for the securing of those Debts: And it is much to be desired that his Majesty will, as from the Honour and Justice of the thing it self, so also from the Consideration of the Industrious improvement of that pernicious Counsel, to him and his Affairs; give some speedy issue to this matter.

It is to be hoped that such a conjuncture of Affairs, and Inclina_tion of our then chief Ministers, as happened at that unhappy jun_cture of shutting up of the Exchequer, will never meet again: Or, that God in his Mercy will give the King, in the experience of the fatal Consequences thereof, a Noble Resolution to discountenance and withstand such ill advice.

To the second Objection, That there is no way for the Bankers to get Bread, if their Loans to his Majesty cease; and for which he gives us this Potent Argument, That he cannot imagine how they should.

I Answer, That running upon Imaginations as he doth throughout his whole Letter, if this prove otherwise, the most part of what he hath said, may be suspected for a mear piece of fancy. He cannot ima_gine it, how? by borrowing Money at lawful Interest, and lending it to private persons at unlawful. No, Methinks it is plain and easie to be imagined, how Money may be got in this way, if they do (as he saith) silence Conscience, forget Christianity, and by Hook, and by Crook, make the most of their Cash by oppressive Exactions: Is it not a wonder his Imagination should fall so short, that is so much in the exercise of it?

But to disprove our Authors Imagination, without these crooked ways of oppression; Are there not those among them, who (thanks be to God) have got their Bread, and it is to be hoped, enabled to lay up something for their Wives and Children, without any hazardous deal_ings with the King, or being so exacting as he speaks of; Hath not many been greatly intrusted and imployed this way, since the Exche_quer was shut up, who are both able to pay their Creditors, and have got their Bread and somewhat more, and yet stand free from this Im_putation by all, but this Gentleman, that its likely never suffered by any of them. Methinks the state of some of them that have fallen by the deadly breath of such as our Author, and have thereby their con_dition in Estate exposed to all, may better instruct him in this Point; and if he had that Christianity in him, which he so much blames o_thers for, it might and should work pitty and remorse in his Soul, that by his sly Insinuations, false Suggestions, and all manner of Re_proaches, he should have been a means to bring disreputation upon the Persons, and prejudice upon the Families of such who are by this means cast down.

It may, and I trust will also teach those that have Moneyes in the hands of such men, not to suffer themselves to be abused by such pet_ty Artifices, while they have thereby been made the Instruments of others undoing, and of injury to themselves, upon the meer Grounds of ungrounded Jealousy: For where is the Person that hath been so earnest upon them for Money; who can define any true Rea_son why he hath so done? Only his imagination hath been dis_ordered, and his fears raised by the false Suggestions of these pesti_lent Incendiaries.

And what have they advantaged themselves by those indeliberate and forward Demands, but the contrary; for if they had judged of these Artifices as they are, and not run so unreasonably upon those Bankers, they might as occasion required have been sup_plyed as aforetime, with those Summs which they are now forced to stay for, notwithstanding all emergencies, a much longer season.

The third Objection consists of so many Particulars, that I must take them up as I go. He first taxeth them for, being Men of no greater Natural Abilities and acquired Parts, than other Tradsmen: What then, Sir? If they have but a proportion of understanding in their Trade, to their Fellow Citizens (for the Trading-Citizens are no Fools) and an honest Design and Cau_tion in their undertaking it, is enough to their Creditors. I, But they are no better Instructed than others, to employ great stocks; Are they not? Then indeed I should think you in the right on't, when you tell your Country-Gentlemen, That all the Arts a Goldsmith can teach him, will not be worth one of those two hundred Pounds, he designed with him. But, pray Sir, where were your Natural Abi_lities and Acquired Parts, when you thus Wrote? Is there no difference in Skill of this Nature, between a Man whose Busi_ness and Education hath layn for many years in Credit, and Im_provement of Money, in ways of Advantage, who is known of all that have occasion of Supply for their present Conveni_ences, to be Persons dealing in that Way through all the various Courses of it, and another Tradesman whose Education and Life, hath only Experienced him in the Management of some particular Commodities, and the Improvement of them to his best Interest.

Sure, Sir, If you had consulted your self, your Acquired Parts would have told you, there is here some difference; but it bears the shaddow of an Argument against the Bankers to the unheedy, and then, whether Sense or Nonsense, Reason or Con_tradiction, Truth or Falshood, all's one with you. But, They have no greater Skill in Law than others, to judg of Securities to be taken for Money, nor have they more knowledg of Men, to Guess at the Value of their Bonds.

How our Authors Passion blinds his Reason! Would you have every Banker become a Lawyer, or else leave his Trade? On com_mon Occasions every Mans Natural Abilities and Experience in the World (whereof I hope you will grant our Bankers to have some) may serve the turn; and in cases difficult and out of the way of ordinary Dealings, they are generally Men of more Cau_tion to their own Estates, and the Trust they have from others, than that I believe they would be satisfied with so much Law as our Author himself hath, when so many able and knowing Lawyers are so near at hand. Besides, such a Man of Wit as you, might have considered, that there is a Power in these ways of Credit, to oblige such Men as the Bankers deal with, to much to Punctuality; and but that I would fain resemble our Author in speaking once like a Man of Mysterie, I could give good Reasons for it: He is miserably out, and speaks as unlike a Merchant as ever I heard, to tell us, the Bankers knew the Cha_racters of Men no better than others, when of all in the World they have the Advantage this way. What gives the Knowledg of Men as Men, but Converse? What of the Estates of Men, more than frequent and ordinary Dealings with them in the point of Money? Which with other Collaterial Observations that are Coincident with it, gives the truest measure of Mens Estates. How then in these ways, is the Integrity and Generosity of a Mans Dealings better discovered? This manner of Corespon_dence then, these Bankers having had with the most they deal with for many years, How should they but know Men better than others, and be able to proportion their demand of Security for them? But our Author is not yet at an end of this Argumentative Para_graph against the Bankers Credit: I wish his next Reasons be better than his former, and favour more of Natural Ability, and sin_cerity of Mind.

He puts the Question very seriously from the Premises that I have already Answered, How then should they be able to make more Interest of Moneys, than other Men? How then? It's a Deduction from your Premises, is it? Why then Il'e tell you how the Case stands, if some of your Premises have no Reason in them, and others no Truth; what then becomes of your Hero then, and of all your Subsequent Arguments, or rather Artificers deduced from them. If they be really more able than other Men to improve Money; if they have as much Skill in the Law as they have ordinarily need for, and know where to go for the rest when Occasion calls, that their Security may be good; If they have more knowledg of Men than others, which are all the Principles that you derive this how then from; Why then, I may naturally turn the Argument upon you, and tell you that all your Natural Abilitys and Acquired Parts, have missed the Mark hugely, when you doubt the Bankers Trade to such a De_gree, as to make it a Wonder how they should be able to Improve Money better and more securely than others. And if you would know further how they can keep open their Shops, notwithstanding their dead Stocks of Cash to answer ordinary Demands (for such extraordinary and unreasonable Demands, as your Whispering and Calumniating Gang hath lately put People upon, nothing can be Sued for) and Maintain their Servants, and pay their Landlords; I tell you again, that besides the Keepers of their Running Cash, for which they pay no Interest, the Matter lies in their Knowledg and Way of Improving Money, better than others. It's not to say what a Bankers Skill in this sense will honestly extend to: Il'e tell you they are archer Men in their Trade than you and I think of. And I am verily of Opinion, that they make (as you say they must do to get ought by it) more than Nine pound per centum of their Money, in their way of Improvement; yet I will not as you do, Charge them with Extortion therein, unless I knew things better.

You may remember, I have put you two Cases, wherein pos_sibly Ten Pound per centum may be got without a Mans becom_ing a Transgressor; and the Bankers, it's likely, may know more. We are commanded to have over all, Charity; a Garment that I desire to value and keep uppermost, though you seem so daring_ly to reject it, and to put on that of Censure and Reproach. And truly, every ones Charity is there called for, while we hear no Body crying out against them: None can be Advocate for all of a Trade, but for most of them; the chief Dealers at their Shops cannot exclaim of their Extortion, but that their extra_ordinary and emergent Occasions, have well born the extraor_dinary Requitals, which have been given to them: But certain_ly all will have cause ere long, if the Gentleman gain his end, to cry out upon him.

The Merchant when it may be, that Two, Three, Four, or Five Hundred Pounds, which might have been had at a Bankers Shop, to serve the Exigency of his Occasions, cannot now be had in the City of London, in any reasonable time; or if he may be Accommodated by a Scrivener, the Trouble about it, Procurati_on for it, and the Time he must be obliged to keep it, beyond the Circumstances of his Occasion, may probably amount to more than Twelve Pound per centum, when he might have it at the Bankers at a lesser Rate. The Moneyed Man, when he sees the Banker born down without cause, and his own money lying in a Chest without improvement; himself in no way to put it out with security and profit: All that have experienced the ease, con_veniency, and prosperous Trade of the City, by and under this way of Credit, and if after all, his own Conscience cry out of him, it is but that which is to be looked for, as the effect of these pernitious and ruinous Contrivances, unless it be already feared as with a hot Iron.

He would put the Creditors in dreadfull doubt of the Bankers, for fear of Informers against them for notorious Contracts, and the pretence of great Charges they are at to keep off Suits of that nature, and to sue out Pardons. And though I have little reason to believe any thing he saith, yet I should have past it in silence were it not for two things.

First, That I am confident he never heard of any Usurious Contracts pleaded against them, though they must have been as publick at Westminster-Hall, or the Guild-Hall in London.

Secondly, I cannot imagine how our Author should come to know what Charges they are at to keep off Suits of that Na_ture. If he search into the matter, I am of Opinion hee'l find it quite otherwise. And for Pardons, there's an Intimate of yours, that may vye in that Point with any half dozen of the guiltiest of them if I be rightly informed.

But after all these fine knacks of Conceipt (aiming at reason but unhappily falling short of it) to blast the Credit of the Bank_ers, he darts one more with the same purpose, and tinctur'd with somwhat more than ordinary Anger, That I cannot for my Life discern the Point of.

It's Their being trusted ten times more than they are worth upon Personal Security, and many times their Note alone taken for five hun_dred pounds a thousand pounds, or more. And yet those free Lenders, as he calls them, (for he's very much out of Humour) would scarce be satisfied with two or three mens Bonds for a thousand pounds, that are known to be worth, at least five thousand pounds a man.

Shall I ask our Author whether this was practized without rea_son and good experience by those that did it? Surely not without ground, while he characterizeth them to be men so wary in the disposal of their money to others. They knew then what they did; and no doubt acted upon some principles of reason herein, notwithstanding your censure of their discretion, from the meer Authority of an, I say, for that's the most powerful part of the Argument he uses against this practise, while his pretences of the hazard of the Bankers disposal of money, and their capacity to do it more than other men, have already been found so lame & ridiculous. Such an Observer as he, a man would think, might have taken up some considerations from so remarkable and continued a practise as this to have better bethought himself what he was about to do, when he began to breath out such Venom against the Bankers. Is't not obvious that the very All of a Banker lies upon his utmost pun_ctuality, whereas other men as the exigency of occasions may be, oft times dispence with it without any suspition. Me thinks the very awe of the power of Credits continued through the course of so many years, the free, generous, and unconcern'd reliance of Men upon them; their efficacy to raise, enliven and encrease the Trade of the Kingdom to such a notable degree, should have dampt his confidence in a pursuit of this nature, and forbad his falling foule upon so sacred a thing.

But the Rise of this design is such as all things must give way to. Here's Anger and Ambition, as I tould you, in the minds of some body, and a New-faction to be introduc'd. And what are the Credits of the Kingdom, the Ruines of the Bankers, Disreputa_tion of the Merchant, Abuse put upon the jealousie of Creditors, Losses of the People, laying wast our Trade, Confusions and Dis_orders in the course of all affairs in the Nation. What is their own Consciences, Honour, or any thing, to the wreaking of this Anger, gratifying this Ambition, and pulling down of others that them_selves may be advanc'd. To arrive at this false accusing and whis_pering about, from one place of Concourse to another, How is it with such a Man? Does he pay well, or's at a stand? I hope you are not concern'd. I assure you such a friend of mine hath drawn his money. I wish all be well. A word's enough to the wise. Some ta_king the confidence to abuse the Name of a Noble Person, because hee's accounted a wise Man and a fit Example, reporting in the City, and writing into the Country, that his Lordship hath had great sums of money in the hands of such and such which he hath called out, whereas the parties so mentioned ner'e ow'd his Lord_ship one farthing: And a thousand such petty (but as they have prov'd over-prevalent) insinuations have been used; vented by their half-witted Emissaries, (of which they have both young and old, rich and poor to make use of, and to act their tricks with a world of zeal and gravity) while among themselves they make the best sport imaginable, in telling what a good Instrument (they mean a fool) they have made of such and such a sober Citizen or Inns of Court Gentleman. I say to arrive at these ends of their own, none of these Machinations must be accounted a Crime. And let not our Author tax me of uncharitableness herein, or come with any such disguises, as a Letter to a Country Gentleman hereafter, For upon better Evidence than that the Coyn was carried into the Cocklofts, this is the very Rise and design of this Epistle.

And what are these Gentlemen that all these things must make way for? Is it not Character enough to tell the Reader, that they are even of the same Spirit with our Author. What need we say more, or what more can be said to shew us what we are to expect from them, when they have made us the silly Instruments of their own Grandeur.

Can we hope for that good from them they pretend to? Free_dom from those publick Evils and Calamities they complain of? Honour and a Generous Design for the Publick is adequate and like it self in all its Parts and motions. Noble ends are never aimed at by such peaking, base, sneaking and destructive Courses.

Whither will they have brought us, if they accomplish their ends and gain the Ascendant? Will their Advancement be a recom_pence for what we suffer by their means? I doubt, had they a Will to do good, they'l find it hath been an easier business to destroy the Trade and Credit of a Nation, than to heal it, and bind up it's Breaches. As the less difficult part of the two, it will be well if they make not use of our Poverty to oppress, and our Ruine, (much wrought about by our own hands, while we are so fondly influ_enced by their Subtitles) to run us still into further Calamities. For if they have decry'd Credit that the present Incumbents may fall, What will they do in their Places without it? And, if Mo_ney must be had, and no Credit be continued, what way they will advise to, I leave to other Conjectures than my own.

My Lord Bacon tells us, Nothing doth more hurt in a State, then when Cunning Men pass for Wise; and yet if all will avail to make the People (whose good I charitably aim at in these Reflexions) to consider what they are doing, while they dance after the Pipe of such Crafts masters as these, and be no more entangled and bereaved of their Wits and Interests by their deceitfull pretences and practises but proceed in all their Concernments, like men en_dowed with Reason, I shall gain my desire. I dispair not of it, though its sad to see the generality so much enclined to another Spirit.

Our Author ends with a solemn Enquiry, Whether any Man that hath Exercised the Mystery of Banking, hath living or dying gone off the Stage with a clear good Estate?

I had scarce taken notice of it, but that he hath just before been telling us of Scripture Commands, and follows it with a profession that he Judges no Man. If you know none such that have been acquainted with their Mystery so long, let me tell you, You have either a very short Memory, or have been a very shallow Obser_ver. But your meaning in this Enquiry is also very well under_stood. And yet it follows; I Judge no Man. No Sir, Why rais'd you the question then? If you speak the truth, I doubt you can give no very good account on't. In earnest, I hear of several that are gone off with very clear and good Estates, but I think it not Manners to expose their Names to our Authors Curiosity. Judg no man? and yet after the rate you have done, condemn and con_trive their Ruine!

Give me leave to end with an Enquiry too, What shall be given unto thee? Or, What shall be done unto thee, thou False Tongue?

&horbar FINIS. |CEC |Y1681 The TRADE OF ENGLAND REVIVED: AND THE ABUSES thereof Rectified, IN RELATION To Wooll and Woollen-Cloth, Silk and Silk-Weavers, Hawkers, Bankrupts, Stage-Coaches, Shop-keepers, Companies, Markets, Linnen-Cloath. ALSO What Statutes in force may be injurious to Trade and Tradesmen, with several Proposals. &horbar Humbly offered to this present Parliament. &horbar LONDON: Printed for Dorman Newman, at the Kings Arms in the Poultrey, 1681.

SECT. I. The Introduction.

FOrasmuch as there is a very great Complaint in most of the Market-Towns in this Kingdom, of the Great Decay of Trade, both by many Working, and especially by all Ancient Shop-keeping Trades_men, as The Woollen Draper, the Linnen Draper, the Mercer, the Grocer, and others, whose Trades were formerly the most Flourishing in this Kingdom, that now are become so mean and ordinary, that many interested therein cannot live upon them; This may afford matter of admiration to many Persons, whilest considering withal that there are as many Goods Imported into this Kingdom as ever there were, if not abun_dantly more; and so consequently, there is as much sold as ever there were, if not much more. Now the End of this Treatise is to shew, that the Reason is not from the total defect or want of Trade, but from the irregularity or disorder thereof, it being quite out of the Channel in which it was wont formerly to run. And this hath hap_ned through a neglect of a due Execution of those Laws that are in force concerning Trade; As likewise for want of Additional Laws to be made to keep it in its due bounds. (For a Law not executed is al_most as little significant as no Law at all.) Now the Ground of this Grievance is, because many do believe, That all Men promiscuously ought to have Liberty to set up any Trade for a Livelihood, and especially the Shop-keeping Trade, and that a Restraint hereof doth much impeach Ingenuity; Whence it is, that Tradesmen can seldom be Redressed herein, although they have often Attempted it to their great Cost and Charge. But certainly, in former Ages People were of another Opinion, as appeareth by that Statute of 5 Queen Eliz. which Prohibiteth the taking of any Artificers Son to be an Appren_tice to many Shop-keeping Trades that are mentioned in that Statute. And likewise the Son of any one, unless his Parent had forty shil_lings per Annum, a Freehold Estate; which was to be Certified un_der the Hands and Seales of three Justices of the Peace.

And for this Reason, a long time there hath been little or no Inspe_ction made into Trade, in the Cities and Market Towns in England; that all things in Trade are come to a wonderful Confusion, as will ap_pear by the Sequel of this Treatise. Nay, there is scarce any thing of Affairs in a Kingdom or a State, but in time will be out of Order, if it be not prevented by Reviving Old, or Constituting New Lawes, additional thereunto; For humane Lawes are such, that in time there will be Reason, either to add some_thing to, or take something from them. And whilest that any thing is out of Order, all Men that are therein concerned are Prejudiced by it: And so it is at this time with Trade, which rendreth it unprofitable to all Men, and so doth rather hinder Ingenuity then further it and promote it; Profit being a chief and more immediate Encouragement thereof, which puts men upon all Praise-worthy and commendable Undertakings. Now to the end, that I may discover what it is that hath so much Empaired the Trade of this Kingdom, I shall faithfully Relate (as to matter of Fact) what is the Practice in most Places in England, and shall in each Particular suggest what may be necessary for the Repair_ing thereof.

SECT. II Concerning the Clothing Trade, or Woollen Manufacturer, that makes any thing with our Wooll.

I Begin with this Trade, because it is like the Water to the Mill that driveth Round the Wheel of all other Trades. For by this the Poor hath Money of their own Earning, without being burthensom to the Parish; which they presently lay out again, either upon their Backs or Bellies, not keeping their Money against a wet day, (as the saying is) Now if it be considered, how Numerous the Poor of this Kingdom are, they would (had they money) make a very great Consumption, both of the Farmers Commodities, and of all other course and ordi_nary things, as is evident in that, in some Places where this Trade did once flourish, many Labourers therein would lay out five or six shil_lings every Week throughout the year upon Meat; where there is not so much now laid out by any such poor Man hardly in a whole year.

And indeed, of all the Trades in this Kingdom this ought chiefly to be encouraged, neither should any stone be left unturned to pro_mote it. For if it be so, as doubtless it is, that God hath given to e_very Countrey some particular Commodity, that is not to be had any where else, so that none may boast, but that every Countrey must be beholding unto another for something that they have not; then cer_tainly it must be this, that is the Commodity of England, because God hath not only given us Wooll in abundance that makes Cloth, but also another necessary Material, viz. Fullers Earth, without which this Commodity is not to be made, and (as they say) is not to be found any where else, but in this Land; which is a clear Demon_stration that it is the use of our Wooll that is the special Talent, which God hath put into our hands to emprove; and not to emprove it is doubtless a very great sin, and like the hiding our Talent in a Napkin. Wherefore it is, that God hath in a great measure taken this Trade from us, and given it to a People that are more Industrious then we are.

SECT. III Concerning the Transportation of Wooll, which is one Hindrance to the Clothing Trade.

NOW it is granted by all Men, that this is one great Hindrance of this Trade, for hereby there is not only Cloth made with our Wooll, which might have been made by our own People, but by mixing our Wooll with the Wooll of other Countreys, there is al_most twice as much Cloth made as otherwise there could be; for without the help of our Wooll, there could be little or no ordinary low pric'd Cloth made, which is the Assertment that is mostly used, there being a far greater Number who wear this, then there are who wear any finer sort; and by this means it is, that our English Cloth is so great a drug in all places, as now it is: And unless we can keep our Wooll and Fullers Earth from being Transported, that so it may be wrought up by our own People, the Trade can never be good a_gain in England. Indeed, there have been many ways thought of to prevent this mischief, which of all others is the greatest to this King_dom, and therefore of late it is made Felony for any one to Trans_port Wooll, which Law, notwithstanding the great severity thereof, doth yet prove ineffectual. Now it may be supposed, that the Cause hereof is, the Paucity or Fewness of the Informers, (for the Life of the Man is concerned which offendeth in this Case) which would not be so, if there were only a good part of the Offenders E_state lying at stake. Seeing then that this, as well as other ways, have hitherto proved ineffectual, there may therefore (I humbly conceive) be new Measures taken: Wherefore I shall suggest what may be thought profitable in this Case.

1. That all Persons that live within six Miles of the Sea-side, round from beyond Newcastle to Bristol, should be Enjoyned by a Law to sell all their Wooll at a Market, and in default hereof should be liable to a Pe_nalty. 2. That these Markets be six or seven miles from the Sea-side. 3. That all Persons that are allowed to buy at these Markets, should be Enjoyned to give Security, viz. Their own Bond; And to take an Oath, that what Wooll they buy at these Markets, they will either use it them_selves, or not sell it again in any Place, within six or seven miles of the Sea-side, and that they will not any way be Instrumental in the Trans_porting of any of our Wooll or Fullers Earth, to any Parts beyond the Sea; And if they do know of any Wooll that is Transported, or that is about to be Transported, that they will forthwith discover the same; And that every one that hath taken this Oath, and given this Security, should have a Certificate of the same; And he that shall buy at any of these Markets before he hath this Certificate, should be liable to a Penalty. 4. Because the present Law is a little short in this Clause, until the Wooll be put a Ship-board, which being done is presently gone to Sea, and there is no discovery of it. Therefore it would be necessary that the Law should be in force in these following particulars. 1. If any Wooll should be taken in any Creek, or Corner, by the Sea-side ready to be Shipt. 2. If any Wooll should be taken within six or seven Miles of the Sea_side driving towards the same, after such an hour in the evening, or before such an hour in the morning that shall be thought convenient. 3. If any Wooll shall be at any time driving towards the Sea-side in the day time, and within six or seven Miles of the same, it shall be lawful for any one to cause the Person that doth drive it to be examined by a Justice of Peace, and if upon examination of the said Person, or as any other person whom the Justice may think fit to examine concerning it, it shall be found that the Wooll was driving towards the Sea, with an intention of trans_porting the same, that then also the Law should be in force. 4. That if any person or persons shall see any of our English Wooll unload_ing out of any Ship beyound the Sea, or can by any means get the knowledge there_of, so as to testifie it upon Oath, that in this case, if ever the said Ship or Ship-Master should return again into England, they should be lyable to the Penalty of the Law, always provided that in this case there be more Witnesses then one.

5. That all Merchants that shall Traffique beyond Sea, and all Captains of Men of War, and all Ship-Masters, with their Mates and Pursers, and every common Sayler do take this Oath, and give this Security, and do re_ceive a Certificate hereof before they are admitted to any of these employ_ments, and in default hereof should be lyable to a Penalty.

Likewise all Merchants that are strangers who do reside in any of the Parts of England, and all Ship-Masters that are strangers, before either they break bulk, or take in fresh water, or Provision for their Ships in any Harbor Harbour or place in England, that they should be enjoyned to give this Secu_rity, and to take this Oath, and to receive a Certificate hereof, and for default herein they should be lyable to a Penalty.

6. It would be necessary also, that all persons that do live within six of seven Miles of the Sea-side, should take this Oath if they do not give the Se_curity; which may be done at their Court Leets, where every person is bound to appear. 7. That it would be necessary, that a very good Part of the Forfeiture should be given to him that shall discover the same. 8. That it may be lawful for the Clothiers, in the several Places of this Kingdom, to Hire any one to see that these Laws are put in Execution, in all the Parts of the Realm. Now if every one of these eight Particulars were made into a Law, I cannot understand but that they might be easily executed, and that they would effect the thing desired, were it not for two English Islands, viz. Jersey and Guernsey, that do live upon the Trade of Knitting of Worsted Stockins, they Knit also Worsted VVaste_coats and Petticoats; And for this Reason the Law Tolerateth several Hundreds of Tods of VVooll to be Transported thither, under which Pre_tence it is to be feared, that many hundred Tods are Transported into France; And what to do in this Particular more then hath been before Suggested, and what is already done by the Law, I cannot tell. Therefore it would be happy for this Kingdom, if they could be put upon some other employment, that so there may be no occasion to Transport any VVooll thi_ther; And we may Rationally Judge, that Knitting of Silk Stockins will be a very suitable Employment for them, because Knitting is their Trade already; And I know not but that Silken Knit Wastecoats, Petticoats and Sleeves for Women, might be as good a Commodity as they are in Worsted. Besides this, the making of Linnen Cloth may not be much improper for them. First, because if we cannot supply them with Hemp and Flax out of Eng_land, they lie convenient to be supplied out of France. Secondly, because the Poor Work there at very low Rates.

SECT. IV. Concerning making our English Woollen Manufacture good and sound.

WHen this Trade was good, the Clothiers (out of a covetous mind) would extreamly stretch their Cloth upon a Rack; and many o_ther indirect ways were used, that have brought our English Cloth so much out of Credit beyond Sea, that it will be hard for us ever to re_trive it again.

Indeed there is a law that all Cloth should be examined before it be put to sale, and that the Town Seal where it is made should be put up_on every Cloth that is made good and sound, and the letter F upon the faulty. But this is altogether neglected in most places: For the Aul_neagers that are chosen in any place are very poor men, who seldome or never Seal any Cloth, and if they were to do it, they being poor men would not dare to refuse the sealing of any rich mans Cloth, though very faulty.

And therefore to prevent this for the future, it would be necessary, that in all Cities and Market-Towns in England, where any of our Woollen Manufacture is made, they were all in Companies, who might every year out of themselves choose Officers, that might not only seal their Cloth, but who should also promote their Trade, and rectifie and repair whatever shall at any time be amiss therein.

I do not mean that these Companies (according to the custom of Corporations at this time) should have any power to bar any one from setting up this trade in their Town, nor from being also of their Company, though they never served any Apprentiship to their Trade in any place whatsoever: And my reason for it is, because there cannot be too many of any such Trade in any place where the Materials that they work upon are of the growth of England, and that do imploy the poor of the Kingdom, unless that there should be so many of these Tradesmen that there will not be Materials enough for them to work upon; and that they cannot find poor enough to work them out. But in neither of these it cannot be, because of the great abundance of Wooll that we have in England, and of the abundance of Hemp and Flax we might have, did we but set to the sowing thereof, and the Numerous poor that are in all places of this Kingdom. Nay, if the Materials u_sed in a Trade be not of the growth of England, yet if the Trade be to employ the poor, as is the ma_king of Dimithys or Fustions, or the making of Buttons, or if it be the making of any thing (which upon suppo_sition that it were not made here in England) we should have it bought with our Money, and brought to us from beyond Sea, where it is made, as Bone-Lace, &c. Surely in neither of these cases will it be for the com_mon good that any man should be barred from setting up any such em_ployment in any place whatsoever.

Yet notwithstanding a universal liberty (I mean, for any one to be of any Trade) would be very injurious to many Trades, as the Shop-keep_ers and many working Trades, as I shall shew in its proper place; and it would hinder men (as it doth) from falling into such employments that are for the common and general good of the Kingdom, as are all such employments before specified.

Sect. V. Concerning making our Cloth Cheap as well as good.

WE cannot make our English Cloth so cheap as they do in other Countreys, because of the strange idleness and stubbornness of our Poor, especially in all Places within fifty Miles of London, where the Poor are most Numerous, where Wooll is Cheapest, and where the Carriage of Oyles and Dying Stuffs is Cheaper then in most other Places in England, and therefore in all these Respects this would be the convenientest place for the setling of this Trade; But these Poor are so surly that most of them will not work at all, unless they might Earn as much in two days as will keep them a whole Week. And when they do Work, they will often Marr what they do; that hereby the Clothiers in all these Parts are greatly discouraged. Hence it is, that they cannot make their Cloth so good and so cheap as they do in other Countreys; the reason whereof is not because Provision is dearer in England then it is in other Countreys; For Butter and Cheese, the Poores Fare, are as Cheap here, as they are in most other Countreys; and Corn for many yeares hath been so cheap, that great quantities thereof have been Transported to the those Coun_treys where they make our Manufacture cheaper then we do.

But one Reason hereof is, because Begging is suffered so Rife in this Kingdom, that of late years it is a sufficient Pretence for any one to beg, if they do but carry a few Commodities about the Countrey to sell. This is so much observed by all Persons, that of late the Grand Jury in many Counties have Presented it at the General Quar_ter Sessions. For there are Laws enough to suppress them, if the Ju_stices do but see after the Execution of them. Now if this Begging Trade be not suppressed, there will never be any good done, either up_on the Clothing Trade or any other, that is for a common and ge_neral good. Wherefore the Dutch do suffer no Beggars to be in their Countrey. And the French King doth endeavor to do the same in his, and we should not neglect to do the same in ours.

Mr. Cooke in a Treatise of his, doth give another Reason that the Poor are so surly in England; which is the Statute of the 43 of Queen Eliz. that doth Enjoyn all Parishes to provide for their Poor, and this makes them careless to provide for themselves by their own la_bour, either for the present or the future. And hence it is, if they do not beg, yet they will not work, but addict themselfes to idleness and pilfering, and to pulling of Hedges. And all this is, because they know that if they come to want the Parish is bound to keep them. Truly, this is a very ill use which they make of so Charitable a Sta_tute. But however, it would be strange cruelty not to provide for them, when they are really in want. Therefore there can be no better way, then to make them work for their living whilst they are able. And to this end it would be necessary that these following Rules were observed.

1. That there be a House in every Parish at their Charges, for every Clothier, (or any other that hath any Employment for the Poor) to bring their Work unto, where shall be distributed unto each poor Person that Portion of Work which they can Perform against the Time appointed, which will save the Parish the Charge of having a stock of their own, as the Statute doth require. 2. That if the Poor of the Place do not know how to spin, or to do the Ma_nufacture of that Place, that then there be Dames hired at the Parish-charge to teach them; and Men may learn to spin as well as Women, and Earn as much money at it as they can at many other Employments. 3. That all poor People and their Children that cannot live without La_bour, and who are not otherwise Employed by the Neighbourhood, should be compelled to take Work from this House; And if they understand not how to do this Work, that they and their Children do come every day unto this Work-house, as unto a School to learn; And that they be Provided for by the Parish, until they can attain to the knowledge of this Art or Mystery, at least in some competent measure and degree. Now every old one, and every Cripple who hath the use of his hands and his eyes, may be able to do something towards a Livelihood, which if it were but two pence a day, this amounts to Twelve-pence in the Week, and two shillings will (as hath been observed) keep a poor Man or Woman (with good Husbandry) one whole Week. If then this were once put in execution, all Parishes would quickly finde their Collections for the Poor to be much less then now they are.

SECT. VI. Concerning the Damage and Loss, too often Accrewing to the Clothier, in the Sale of his Cloth.

AFter the Clothier hath taken all the care and pains that possibly he can, to make his Cloth both cheap and good, yet when he cometh to sell it, he cannot do it himself, the Factor having gotten this business wholly into his hands; for formerly, when the Clothiers left their Cloth with them to sell, allotting them a certain price; yet notwithstanding they would many times abate two pence or three pence in a yard, which the Clothier would not have done, had he sold it himself. Now so soon as the Buyers perceived this, they would buy of none but the Factor. And hence it is, they have usurped the sole Power of selling the Clothiers Cloth, both for what price and for what time, and to whom they please; in neither of which Parti_culars they will be limited.

Now by this means the Clothiers Cloth is not only sold for less many times then can be afforded, (that so the Factor might have his Salary) but they are also put to an unnecessary Charge, for formerly the Buyer always bought at Blackwell-Hall, but now he doth buy at home; and the Factor will at any time send him as many more Pieces of Cloth then he hath occasion to buy, and under pretence they are dis-heighted, will force the Clothier to pay three or four shillings a Piece for new Pressing.

And so likewise they will sell for what time they please, detaining the Clothiers money as long as they please; for he shall not know when his Cloth is sold, nor to whom it is sold; yet a great space of time after, when the Factor is in a good Humour, then the Clothier shall know the selling of his Cloth; And after this also he must stay a considerable time before he hath his Money. And then neither shall he know to whom his Cloth is Sold; because by this means, he can at any time put the Clothier to have his Money for his Cloth, of a Person that is not solvent. So that should any Clothier ever attempt, either to take their business out of the Factors hands, or to give off their Trade, (as many of them are desirous to do, being so abused by the Factor) they can always by this means make the Clothier truckle under them. And sometimes, when they are so kind to let the Clothier have money for his occasions, they will Enter it in their Books as so much mony lent to them. Besides, should they come to know the Person to whom their Cloth is sold, yet they would be not much the better for it, for without the Factors consent they will not pay the Clothier one farthing, saying, they have had nothing to do with him, and so will not pay him any money at all; insomuch that the Clothier in selling his Cloth is as it were blind-folded, being always in the dark concerning it. And they have seldom any money to buy any thing that they deal in beforehand, for the Factor will let them have no more money then what will suffice to keep their Trade going, and that on a slow and dull pace, by which means it is impossible that either Wooll or Woollen Cloth should rise much higher then now it is. As is evident in the late briskness of that Trade, which had it not been for the Factors (as was acknowledged by an eminent Merchant) Cloth would have risen at least eighteen pence or two shillings in a yard.

And hence it is there can be no poor Clothiers follow the Trade, that hath not a stock to lie in the Factors hands, which hath occasioned very great Confusion in many other Trades as well as this; for it hath put some upon Retailing what they make, and others upon Hawking their Ware all about the Countrey, until many of them are ruined by means of their great Charge in Travelling; but of both these Particulars I shall Treat hereafter in their proper place.

Neither hath this been any benefit to the Merchant, for the Fa_ctors having so great a stock of the West-Countrey Clothiers in their hands, they can give what Credit they please, and can, and do make whomsoever they please Merchants, or turn Merchants them_selves, by which means the old experienced Merchants have been extreamly prejudiced and wronged. Now to Redress this great mis_chief to the Clothing Trade, these following Particulars would be necessary to be Offered.

1. That no Clothier or Serge-maker, or any one that makes any Com_modity with our English Wooll, be allowed, either they themselves, or their Factors, to sell the same anywhere in London, but in Blackwell-Hall only. 2. That when the Factor doth sell any Clothiers Cloth, that he be obli_ged to give the Buyer a Bill of the Name of the Person, and of the place where he liveth whose Cloth he hath sold. 3. That notwithstanding the Factors selling of the Clothiers Cloth, yet the Buyer should be Debtor to the Clothier, whose Cloth it is, and not to the Factor who sold the Cloth, and in default of Payment should be liable to be Sued by the said Clothier. 4. That if the Factor do sell the Cloth for less money then was set him by the Clothier, or should trust any Person without the Clothiers parti_cular consent to the trusting of that particular Person, that in this case the Factor should be Debtor to the Clothier for the full value of the Cloth, which was allowed him by the Clothier, in the same manner as if it were his proper Debt. 5. To the end that the Clothier might always know the time when his Cloth is sold, and to whom, it would be necessary that there were a Register in the Hall, wherein there might be Entred the time when the Cloth was sold, the Factors Name that sold it, the Clothiers Name and Place of A_bode, whose Cloth it is which is sold, and also the Buyers Name and Place of Abode that hath bought the same; And in this and all other Charges they observe a Mediocrity.

And then there is another inconvenience that the Clothier doth meet with in the selling of his Cloth, which is this, viz. That ma_ny times after the Buyer hath bought his Cloth at a price, and caused it to be sent out of the Hall to his own house, he hath pretended some fault to be in the Cloth, and unless the Clothier will yield to abate what he would have him, he must have his Cloth again, which hath often been a very great vexation to the Clothier.

Others there are who have very much abused the Clothier, by ex_acting unreasonable measure from him, and to this end many have used very indirect wayes, as the having that abomination of a yard and a yard. Nay, sometimes they have put the Cloth into a Tub of water, and after this they have Griped the Clothier exceedingly in the Measure.

Now it may be supposed, that if this Order were observed, it would prevent this inconvenience to the Clothier for the future, viz. That his Cloth being Sealed as aforesaid, the sworn Aulneager should also Measure every Mans Cloth so soon as it cometh out of the Mill, which Mea_sure might be expressed upon the Seal, by an Impression made in it to ex_press the same. Now the Cloth having this Seal annexed to it, and being bought in the Market, and sent out of the same at a Price agreed upon, that in this case the Buyer should be obliged to have this Cloth so bought in the Market at the same Price agreed upon there, and according to the Measure expressed upon the Seal.2. That if the Cloth, that hath this Town-Seal annexed to it, should in reality be any way faulty, yet nevertheless the Clothier should not be obliged to abate. But upon sufficient Testimony and Proof hereof the sworn Aul_neager should be severely punished. 3. That as to such Cloth that is sealed with the Letter F, if the Buyer hath any Jealousie, that the Seller hath not discovered all the faults in the said Cloth, that then it might be Examined in the Hall or Market, where there should be a Pearch for that purpose, where the Buyer might have the Liberty to refuse or take the said Cloth; but if he shall cause the said faul_ty Cloth to be sent out of the Market or Hall at a Price, that then the Buyer shall not have the liberty to refuse the said faulty Cloth, but shall be obliged to have it, let the faults be what they will.4. It would be necessary that all Serges were at first Woven at one certain length, that so the Buyer might the better understand what it is that he doth buy, which now he doth not, because all Serges are sold by the Piece, and some want three or four yards of what some others are; And it would be necessary that they were all Woven of such a length, that after they are Milled in an ordinary manner, they might contain full twenty and four yards.

SECT. VII. Concerning the Hindrances of the Exportation of our Woollen Manufacture.

WHen once the Clothier hath made his Cloth both good and cheap, and is convenienced to sell it when it is made, then it would be necessary to promote the Exportation of it abroad into o_ther Countreys.

1. Now we are very much hindred herein by the Dutch, who do make Cloth themselves, and sell it in those places where otherwise we should sell ours; but could we keep our Wooll and Fullers Earth from them, we should speedily prevent them. And it would be necessary for the Promotion of this Trade with us, that there were an high Impost laid upon all fine Cloth that shall be imported.

Yet the French doth deal far more unkindly with us then the Dutch, because we do take little of their Commodities; but of the other, (as it is Related by a Mr. Fortery Gentleman of the Privy Chamber, in a Treatise of his, called, The Interest of England,) we do take so much, viz. of their Wines, their Linnens, and their Silken Stuffs, that the excess of these Commodities im_ported unto us, is as much as cometh to 1600000. in the year, more then our Commodities that are re-exported unto them; for which we do pay them ready money. And had not the French King found it to be true upon Examination, he would have Prohibited all our Com_modities from being brought into his Kingdom. Wherefore he laid only a very great Impost upon the same, which is Estus, a French Crown, une Estus upon an Aulne, an Ell and Nail. Aulne. And this our Trade doth ex_treamly suffer also by all his New Conquest, where they were wont before to wear our English Cloth, which now they cannot, because of the high and great Impost that is laid upon it.

Now had this great Impost been laid only upon our Woollen Ma_nufacture, it might have been supposed that he did it only to neces_sitate his people to the making of the same; but seeing he hath laid the like Impost on our English Tobaccho too, argueth, his Design is to suppress any Trade whatsoever that doth belong to the English. It being then a manifest truth, that we do take off so much of their Commodities, to the great wrong and prejudice of our own Wea_vers and Tradesmen in London and Canterbury; it is very hard measure that they will take little or nothing of ours, especially seeing that this they have done formerly, and they might have continued to do the same still, had not the French King used all the Methods that possibly he could, to hinder the same or the like Negotiation, for they are as Numerous a people as ever they were, and should they wear of our Eng_lish Manufacture, as they were wont to do heretofore, that Country would be sufficient to take off almost as much as could be made in England.

It is true, we have endeavored to Retaliate upon some of their Commodities, especially upon their Wines; but our English Gentry do so much delight in the drinking thereof, that they do still make their way with us nothwithstanding their dearness, yet so doth not our Manufacture with them: Therefore it would be necessary to take the same Measures to beat them out of their Trade with us, as they have done to beat us out of our Trade with them. And if this were done, they would be as much perplexed for want of a Trade to put off their Wines, their Linnens and their Silken Stuffs, as we are now to put off our Wollen Manufactures. It will not then be irrational to judge that this may be done as to all three of their Commodities.

First, As to their VVines, if the Gentry would but take to drink more Sider, and many other English Drinks, that of late are so Excel_lent, that they are little inferiour to their VVines (unless in Price) we should then have less occasion for them, and this would be a means to improve the Lands of our own Countrey; And would be a way greatly to advance our National profit and interest. Did we withal but sink the impost of Portugal Wine (equal, to French Wine) they would take off above 300000 pounds worth of our English Manufacture in a year. And then for their Linnens we might promote the making thereof in our own Nation, as shall be shewed hereafter.

And for their Silks and other Superfluities that we do buy of them, (which (as some do judge) do amount to more Money then all their Wines and Linnen both) we have little or no occasion of them. And if they were all prohibited, it would mightily advance the Wea_vers Trade in the Cities of London and Canterbury.

SECT. VIII. Concerning the Hindrances of wearing our Woollen Manufacture at home.

As it is necessary, that this Trade be promoted abroad, so it is as ne_cessary, that it be promoted as much as may be at home. This Trade is very much hindred by our own People, who do Wear many For_reign Commodities instead of our own; as may be instanced in many Particulars, viz. Instead of Green Sey that was wont to be used for Chil_drens Frocks, is now used Painted, and Indian-stained, and Striped Calico; and instead of a Perpetuana or a Shalloon to Lyne Mens Coats with, is used sometimes a Glazened Calico, which in the whole is not above twelve pence cheaper, and abundantly worse. For either Perpetuana or Shalloon will wear out two Coats, or when it hath worn out one Coat, it will serve for one use or other afterwards for children. And so in reality it is the cheapest. Because Glazened Calico will hardly wear out one Coat: And it is the same or worse, if they Lyne with a plain Calico or Dyed Linnen. And sometimes is used a Bangale that is brought from India, both for Lynings to Coats, and for Petticoats too; Yet our English VVare is better and cheaper then this, only it is thin_ner for the Summer. And of late there are abundance of Linnen Stuffs, that come from Hamborough, and are made to imitate our Norwich Stuffs, and many of them have been used for Gownes for VVomen, in_stead of our own Manufacture. To remedy this, it would be necessary to lay a very high Impost upon all such Commodities as these are, and that no Callicoes, or other sort of Linnen be suffered to be Glazened. There is a certain Necessity, that Womens Garments should be Lyned with plain Callico, yet not so for Mens. Therefore it would be ex_pedient that a Law were made, that no Person should have his Coat Lyned with any thing but what is made in England. And this will not only promote the Woollen Trade, but the Silk-Weavers Trade also, who make many Silken Stuffs as fit for Lyning of Gentlemens Coats, as any that is made in any Countrey whatsoever, and no Person can be offend_ed at it, because his Majesty, (for the encouragement of the Trade of his own people) is graciously pleased to Wear nothing but what is of the English make. The Statute for Burying in Woollen would have been of very good use, had it been executed, which (as it may be sup_posed) would in all this time have Consumed as much Wooll as there is at this time in England. And the way to have it put in execution, is to put the Administrator upon the proof of it. Therefore it would be necessary, that there were a Law made to enjoyn the Person concerned to prove the same upon Oath before some Justice of the Peace, within one Moneth after the Burial, and that he hath a Certificate hereof under the Justice his Hand and Seal: And without this Certificate the Church_Wardens should forthwith put the penalty of the Law in execution. There is one thing more that would be no small addition to the ad_vancement of this Trade, and that is to encourage Wearing of Flannel; There are some of the Gentry who have Worn it, do commend it ex_ceedingly, saying, that it doth Wear as well and as soft, either in Shirts or Shifts, as any Linnen whatsoever. And the courser sort would be better then Linnen for the Poor, because they may Wear it a Moneth without Washing. Now if the People should take to the Wearing of this, it would unspeakably Advance Trade in this Kingdom.

SECT. IX. Concerning the Causes of Impoverishing the Silk-Weavers Trade.

NOW I have already shewed that the Importing of so many French wrought Silken Stuffs into this Kingdom, hath been one way to Im_poverish this Trade, and that the Prohibition of these Commodities would be very necessary for the benefit hereof; I shall further shew in another place that the Hawking and Retayling of their Commodities are two other means that have also contributed towards the Marring this Trade. But besides these, there are two more, the one is the Engines of late invented, that do Weave only narrow Ribbands, and those so ve_ry sleight, that if ever Sales-men should be suppressed, they would be of no use at all; and for this Reason the Retayling Shop-keepers can hard_ly sell any of them. It is then very much against the common and ge_neral good, that a thing so useless should be suffered; seeing that by this means there will also be many hands of the poor that will want work.

Another thing that hath very much empaired this Trade is, that there are here and there a Silk-Weaver or two (of late years) crept into some Cities and Market-Towns in England, who do employ such people that were never bound to the Trade. Now although what I speak of before (concerning License to set up any Trade that doth employ the poor) will hold good in this Trade also: yet in a differing manner, because in all other Trades that do employ the poor, they cannot effect their business with_out employing such as were never Apprentice to the Trade. As for In_stance, the Clothier must employ the Spinner and Stockarder, that per_adventure were never Apprentices to any Trade, else they could never accomplish their end. And it is the same in making of Buttons and Bone_lace, and the like. But it is not so in this Trade; for they that have been Apprentices to the Silk-weaving Trade, and able to make more Com_modities then can be easily disposed of. And the reason why there are such multitudes of this Trade is, because there hath not been for a long time any other but this, to place forth poor mens Children, and Parish Boyes unto; by which means the poor of this Trade have been very nu_merous, who can do nothing else almost, being bred up unto it from their youth. Therefore although it might not be against the common good, for any one to employ their Stocks in setting of these Weavers on work; yet it would be so, if either they should be suffered to Weave them_selves, or should employ any other to Weave for them, that were never Apprentices to the Trade. Therefore it would be necessary that no man of this Trade live alone, and in a private place: But it would be much more for the profit and interest of the Masters of this Trade, that they Cohabit and dwell together in some Eminent City or Town, which they might make not only the Seat of their Habitation, but also the Empori_um and Seat of their Trade. And if London and Canterbury cannot con_tain all of this Trade, then there may be appointed some other place for them to live in.

1. The Reason hereof (besides what is premised) is, because a Market must be one way to Regulate some Abuses in this Trade as well as in others, as shall be shewed at large in another place: Now a man or two in a Town, or two or three in a County, can never make a Market. 2. Because this is a very great injury to the Whole-sale Shop-keepers in London. 3. Because they do prejudice the Retayl Shop-keepers also in those Market-Towns where they do live. For these do many times Retayl their Commodities, and many are furnished by them that never served any Apprentiship to any Shop-keeping Trade.

SECT. X. Concerning the Woollen Manufacturer, and the Silk-Weaver, their Retayl_ing the Commodities which they make.

NOW neither of these Manufacturers were wont formerly to Retayl what they made; which hath greatly empaired not only their own Trade, but many Shop-keeping Trades too. And if it may be thought that the Shop-keeping Trade is a conveniency to the people of this King_dom, and for the general good thereof (as I shall prove hereafter) then it will not be expedient that the former should be suffered. I have al_ready shewed what did occasion the Woollen Manufacturer to do this at first, viz. The great Abuse they did sustein by the Factors. And that which did at first occasion it in the Silk-Weavers, was their own covetousness. For they thought to advantage themselves by selling their Ware to Countrey Chapmen, which made them go to their Inns in London where they sold them their Commodities. Now so soon as the Whole-Sale-Men did perceive this, then he did all he could to beat down the Weavers price, that so he might keep his Countrey Chapmen. Hereupon their Commodities were sold far lower then before. Therefore many that could not sell to Countrey Chapmen, fell to Retayling of their Wares which they did make. Yet neither of these Manufacturers did hereby advantage themselves, because for this reason none of the Shop-keepers would buy of them that did Retail, and they not finding sale for their Commodities by Retail, sufficient to maintain them, have been (many of them) hereby Reduced to very great Necessities.

Now the Silk-Weavers had no need at all to do this, because they had before a very good price for their Commoditie, and many of them are so sensible hereof, that they do heartily wish that the Trade might be re_duced again to the same state that it was in formerly.

But to return to the Clothier, who will not have that occasion to Re_tail his Cloth, if the abuse of the Factors be Rectified. Yet there is one Objection concerning him, and that is this,

Obj. If he should not Retail his own Cloth, what shall he do with a dam_maged Cloth, that he cannot sell at a Market?

Answ. I Answer, that for all such damaged Cloth, and Remnants of Cloth, that will not pass Sale at the Market, the Clothier should not Retail these until they are Licensed by the Officers of their Company, who should view them, and they find them not fit for the Market, they should License the same Cloth, or Remnant of Cloth, to be Retailed, by putting the Seal of their Company at the end thereof in Wax.

And hereunto may be Added the injury that many Merchants do to the Shop-keeping Trade, by Retailing those Commodities they adven_ture for. Inasmuch as hereby Trade is brought out of its right Current. And to prevent this mischief it would be necessary, that no Person what_soever be admitted to Retail any Commodity belonging to the Shop_keeping Trade of buying and selling, that hath it at the first hand; not but that those Shop-keeping Traders might Retail those Commodities which they make, whose custom hath been to do so time out of minde: Such are the Shoomaker, the Brasier, the Pewterer and the like.

SECT. XI. Concerning Hawkers that do Profer to sell Commodities by Whole-Sale.

OF late years the whole Trade of this Kingdom is to Profer Com_modities to the Buyer both by Whole-sale and Retail, which hath much Empaired all Trades, because there is a vast difference between What will you give? and What shall I give? Now I shall first insist upon those that profer their Wares by Whole-sale, which are called Hawkers, and which are not only the Manufacturers themselves, but others besides them, viz. the Women in London, in Exceter and in Manchester, who do not only Profer Commodities at the Shops and Ware houses, but also at Inns to Countrey-Chapmen. Likewise the Manchester-men, the Sherborn-men, and many others, that do Travel from one Market-Town to ano_ther; And there at some Inn do profer their Wares to sell to the Shop_keepers of the place.

That which did occasion Men at first to Retail those Commodities which they made, did at first occasion this also, and is no less disadvanta_geous then that was, not only to the Woollen Manufacturers and Silk_Weavers, but also to all the Shop-keeping Trades in England.

Now although at the first taking up of this Hawking way, there were some who did get Estates by it, there being then but few of them, by which means they took much more Money, and stayed for less time in a place, then now they do; but it is quite otherwise at this day, the number of them being much Augmented, by which means they take but little Money, and are forced to tarry long in a place, because Men do not minde their going away; for if one be gone, be sure another will quickly come. Whereupon some have stayed a Fortnight in a Countrey Market_Town; Nay, some Rug-makers have waited in London, absent from all their business at home, almost three Moneths before they could Vend their Wares. And the Charge of Horse-meat and Mans Meat is no less then before; So that by reason of their long abode in a place, it doth cost these more now, then formerly it did them that took six times more money; whereby many of them are quite undone, and the rest that remain, who are sufficient men, are so extreamly wearied with this way of dealing, that they would be heartily glad (as many of them have confessed) if there were a Law to suppress them, that then Trade might return into its old Channel, where it hath ran far better then ever since.

Moreover, this Hawking Trade doth utterly empair the whole-Sale Trade, in all the Cities and Market-Towns in England, but especially in the City of London, where are some Trades in a manner come to no_thing, because Countrey-Chapmen do not buy of them now, scarce an eighth part of what they were wont to buy formerly.

And it is no less injurious to the Retailing Shop-keeping Trade in all Cities and Market Towns in England.

First, because they have been an occasion to many, that never served an Apprentiship to any Shop-keeping Trade, to set up the same, not only in Cities and Market Towns, but also in every Countrey Village.

Secondly, because when they have been Necessitated for Money, (as often they are by reason of their great Expences and their small Trade) to sell their Commodities by Retail, in the several Market-Towns where they have been, and that at as low Rates as they would sell by whole-sale, have hereby greatly imposed upon their Trades and themselves both. But hence may some raise these Objections following.

Obj.1. If this Hawking Trade by suppressed, what more convenient way can be found, for the Manufacturer to sell his Wares, and also for the Buyer to furnish himself with what he wants.

Sol. There is no better way both for the Manufacturer to sell his Wares, and also for the buyer to furnish himself with what he wants, then at a Market. Of which conveniency I intend to Treat hereafter.

Obj. 2. But if Hawkers be suppressed, the Shop-keepers will not have the con_venience for the buying their Commodities then, as they have now.

Sol. I answer, that most of the Shop-keepers in England are so sensible of the great wrong they have received from them, that they had rather Ride a hundred Miles to buy their Commodities, then they should be tolerated.

Obj. 3. But if the Hawkers be suppressed, it will not be much the better for the Shop-keepers in Countrey Market-Towns; for then the Londoners and others will have Ware-Houses in places in the Countrey, which will be as injurious unto them as the Hawkers have been.

Sol. For the prevention of this mischief to the Trade of the Countrey Market-Towns; it would be necessary that all persons were prohibited by a Law to have any Ware-house, or to keep any Factors or Servants to sell Commodities for them in any Market-Town or City in England; save only there where they do live with their Family.

SECT. XII. Concerning Trades-Men Breaking, and paying so little in the pound of their true Debts.

THis is a third thing that is very prejudicial, not only to the Woollen Manufacturer and Silk-Weaver, but also the Whole-sale Shop-keep_ing Trade and Merchant. It will be in vain to insist upon what hath been the Practice of many Persons in this Kingdom, concerning their break_ing and puting themselves into the Kings Bench, paying little or nothing of their just debts; For this is too Notorious to the whole Nation: There are then four things that occasion Mens breaking.

First, some sudden Contingencies as the Merchant may meet with. Great and sudden losses at Sea; Or the Shop-Keeper may be utterly undone by sud_den Fire, or the like; In these Cases there ought to be Mercy shewed to such Poor Men; and it is much to be Lamented there is not a Way thought on to Raise Moneys to set them up again.2. The Want of Success. Many a Man doth take a great deal of Care and Pains in his Trade, and yet all will not do, still he goes backward in the World; yet this is not common and usual, for God hath Promised to bless the Hands of the diligent; yet sometimes it may so fall out. However, this man ought to be honest, and to make a Discovery of his Condition in time, lest that he should spend upon other Mens money; and he that is a careful, honest and industrious man must needs know when he is sinking in his Estate.3. Ill Husbandry is another thing that doth occasion men to break; Some will spend their time in Drinking and Gaming, neglecting their business, un_til they are undone. And such Persons as these are ought to be dealt severely with. For why should they spend the money of other industrious men by their luxurious living.4. A design of Gain is another thing which doth occasion some men to break. They finde some have Got estates by breaking, and therefore they will do so too. Now we may conclude, that this man doth not deserve less punishment then he that taketh a Purse upon the High-way; for by the reason of this Mans pretended honesty he is trusted, but so is not he that Robbeth upon the Road.

I judge therefore it would be of very great use and benefit to the Trade of this Kingdom, if there were a Law made to inflict some bodily punishment upon every one that should break for above one hundred pounds, and should not pay fifteen shillings in the pound of his true and just debts; and thus no man could be so suddenly undone by bad debts: For then men would not lose so much by three hundred pounds, as now they commonly do by two, nay, by one.

Object. But many a man hath been brought low in the World, and yet have got up again.

Answ. Grant there have been some that have got up again, who have not been able to pay full fifteen shillings in the pound. I say, admit there have been such black Swans, yet this is Rara avis in terris. -- And these are few in comparison of the many hundreds, who have not risen again after such a fall. Therefore there ought to be a severe Penalty inflicted on these, to compel them to discover their condition before it cometh to be at this rate with them. Besides, this is the more probable way of their Recovery. For hereby they will be out of debt, and their Credi_tors, by reason they shall lose so little by them, will certainly be the more kinde unto them. 5. I might also add one thing more that is the reason of the breaking of many men, who are of Retailing Trades, or at least of not paying their Creditors so timely as otherwise they might, who might have been Ranked among those mentioned in the first particular, to whom there ought to be shewed much Mercy and Compassion. Such are those Retailers that are encouraged to trust Persons because of their great Estates and Revenues, who do neither take any care, nor make any con_science of paying their just and true debts; who will keep the Tradesman from his Money, sometimes two or three yeares, although they have been importuned by him, both to his expences and loss of time. And although some will be so fair as to give both good words and Promises, yet these have been but miserable Evasions and Put-offs, as is evident, in that they never minde the Performance of them. But then again, there are others that are so far from giving good words, that they give altogether menaces and threatnings, which have made many a Trades_man afraid to ask for his own, for fear of a Stab.

And others there are, that will Pretend the Trades-man hath Cheated them in over-prizing his Commodities, and therefore he must stay longer for his Money, which is another shift. Whereas it is the Trades-man indeed that is cheated, in being forced to stay so long for his Money a_gainst his Will. For it is impossible that he that shall stay a Twelve_month for his Money, shall ever inhance the price of his Commodity so far, as to be sufficiently recompensed for staying so long a time for it. All men I think will grant, that if the Trades-man hath ready money, two shillings in the pound is but reasonable. Now then if he doth stay a Twelve-month before he is paid, he should have four shillings profit in the pound, if two years then six shillings in the pound, and so on, accord_ing to the time he shall stay for his money; because it will easily appear, that more then ten in the hundred profit might be made in a year, with ready money in a Trade. But now it is next to an impossibility for any Trades-man to gain four shillings in the pound, unless it be in some hidden Commodities, such as belong to the Apothecaries; and yet this in rea_son they ought to have, if they stay a Twelve-month for their Money. And if they can be no Gainer then, what will they be, if they shall stay two or three, nay, four years before they are paid. Assuredly, no man can possibly deny, but in this case a Trades-man must needs be a very great Loser.

Further, it often hapneth, that after all this the Trades-man doth lose his whole debt, if it be not paid before the Person is dead, for then the Heir doth Claim the Inheritance, and the Widow her Joincture, and there is nothing left to pay the debts but the Personal Estate, which is seldom more then a Coach and Horses, and some Houshold Goods, which will not pay sometimes a tenth part of the debts. This is quite contrary to what was formerly wont to be. Then the truly Noble Gentlemen of this Kingdom, did esteem it their great honour, to fulfil exactly whatso_ever they had promised, although it had been never so much to their de_triment and loss. They would heretofore have disdained those Rig_lings and Shiftings which are used in our times: insomuch, that if the Trades-man had their Promise, they might more certainly have depend_ed on it, then now they may on their Bonds. And hence it was, that the Statute of Banquerupt did concern only Trades-man, because all others then were punctual to observe and to perform their word, and careful to pay all their just and true debts.

There are two things that probably would Remedy this, if it would not be thought too great a price of Presumption.

First, the first is this, viz. That for all debts that are not paid within six Months time or thereabouts, after they are Contracted, the Debtor should af_terwards be liable to pay the interest; And likewise if any die, whose Personal estate will not reach to pay all their debts, there may be in this Case by a Law Commissioners, that might be Authorised to sell, and dispose of so much of the Land, that was Possessed by the Debtor deceased, that will fully pay all the debts; and certainly this would be of no ill consequence to the Kingdom. For it would not only be a conveniency to Tradesmen, but in all probability might be an inducement to all Persons to take greater care to live within the Compass of their Estates.

SECT. XIII. Concerning Stage-Coaches.

THIS is another late Grievance which doth prejudice and injure all those Trades before premised. For were it not for these, there would be a_bundance more Cloth and Stuff, and trimming of Suites used and worn out, then now there is. And they do not only wrong these Trades, but many others also, as the Tailor, the Hatter, the Sadler, the Shooe_maker and the Tanner; for, were it not for these Coaches, there would be far more of the Commodities used and vended then now there are. And they do not a little incommode all the Innes in all the Cities and Market-towns in England; for where are no Coaches frequenting the Innes, they have there little (if any thing) to do; and they who have them get no such advantage by them, being forced to take such under Rates for their Horse-meat, that the loss they thereby sustein, is greater then can be regained by the Guests which those Coaches do bring unto their Innes; and then the Owners of them do receive so little benefit, that many of late years have been utterly undone by them. And then they carry multitudes of Letters, which otherwise would be sent by the Post; And were it not for them there would be more Wine, Beer and Ale drank in the Inn then is now, which would be a means to Augment the Kings Custom and Excise; Furthermore, they hinder the Breed of Horses in this Kingdom, because many would be necessitated to keep a good Horse that now keeps none. Now seeing there are few that are Gainers by them, and that they are against the common and general good of this Nation, and is only a conveniency to some that have occasion to go to London, who might still have the same wayes, as before these Coaches were in use, (which hath not been much above twenty years) therefore there is good reason they should be suppressed. Not but that it may be lawful also to Hire a Coach upon occasion; but that it should be unlawful only to keep a Coach that should go long Journeys con_stantly, from one stage or place to another upon certain days of the Week, as they now do. And since I am speaking of the Innes, I shall relate one thing more that doth greatly incommode them, which is the great num_ber of Ale-houses that are suffered in all Cities and Market-Towns in England, in one of which is more Beer drawn, then in many Innes that pay six times the Rent that they do. Besides, there are many poor men who do spend both their time and money in them, whilst their Wives and Children are ready to starve at home. And then, if so many were not suffered to run into this way, they would (it may be) get into some o_ther, which might be more for the general good of this Kingdom, such as the making of Linnen Cloth, Bone Lace, or the like.

Furthermore, the Innes are a great conveniency, common to the whole Nation, being necessary for the Refreshing of wearied Travellers, and so ought to be encouraged. Besides, they pay great Rents to many Gentlemen in this Kingdom, which must inevitably fall, if they meet with such discouragements as these are. Now seeing it doth appear by what hath been said, that so many Alehouses are no way at all beneficial to the publick good, but many ways injurious to the same, then there is reason to suppress them; and I conceive there would be little less of Beer and Ale drank then now there is; for all sufficient men that can bear the expence of their money and time, would then frequent the Innes upon all occasions, as now they do the Alehouses.

SECT. XIV. Concerning the Shop-keeping Trades in this Kingdom.

THAT which hath been the Bane almost of all Trades, is the too great number of Shop-keepers in this Kingdom. For as it is Related by Mr. Coke, in a Treatise of his concerning Trade, that there are ten thou_sand Retailing Shop-keepers more in London then are in Amsterdam.

Now the reason hereof is, First, Because for many yeares there have been no other Trades but these to receive the Youth of this Nation. For_merly, when the Cloathing Trade did flourish with us, there were many sufficient Mens Sons put Apprentices to this Trade. Secondly, Because the Shop-keeping Trade is an easie life, and thence many are induced to run into it, and there hath been no Law to prevent it; or if there by any, it hath been very slackly executed, which maketh very many (like a mighty Torrent) fall into it, which hath been Verified for several years past, by many Hus_bandmen, Labourers and Artificers, who have left off their Working Trades, and turned Shop-keepers.

And of Quakers, great Numbers of late years are become Shop-keep_ers; for if a man that hath been very meanly bred, and was never worth much above a Groat in all his life, do but turn Quaker, he is presently set up in one Shop keeping Trade or other, and then many of them will Com_pass Sea and Land to get this New-Quaking Shop-keeper a Trade; And if he be of a Trade that no other Quaker is of in the Town or Village, then he shall take all their money which they have occasion to lay out and expend in his way, their Custom being to sell to all the World, but they will buy only of their own Tribe. Insomuch, that it is conceived by some wise men, that they will in a short time engross the whole Trade of the Kingdom into their hands.

And then again, there are some of the Silk-weavers, but more the Clothiers, that deal in as many if not in far more Commodities then any shop keeper doth, that hath been Apprentice to his Trade; for they sell not only the Cloth that they make, but Stuffs, Linnen and many other things; and have such wayes to put off their Commodities which the Shop-keeper hath not; for they will Truck them off for Shooes with the Shoomaker, for Candles with the Chandler, and sometimes with the Butcher for Meat, and will make their Work-folks to take the same for their Work, (although there be an express Statute against it) and then these Work-folks will sell the same again for Money, to buy such Necessaries which they want.

And it is not much better with them of the City of London, for there are many that do live in a Chamber, that do take twice as much Money as many Shop keepers do, who pay four times the Rent that they do, so that it cannot be imagined what an unnumerable Company of Shop-keepers are in every place; and such Practices as these have utterly empaired all Shop-keeping Trades in this Kingdom, which are Grie_vances never suffered in former times, being against the common good of the People of this Nation; And its desired they were speedily Redressed for these following Reasons.

First, Because the Shop-keeping Trade is both a convenient and easie Way for the Gentry, Clergy and Communalty of this Kingdom, to Provide for their younger Sons, that so the Bulk of their Estates may go to the Eldest. For there are few younger Sons, who are Trades-men, that have much above one years Revenue of their Fathers Estate for their Patrimony. Now these being kept close to business in the time of their youth, do many of them come to be sober and industrious men; and with this small Portion to live a little Answerable to the Family from whence they descended, being serviceable in their Generation both to their King and Countrey, and many times keep up the Name and Grandeur of their Family, when their Eldest Brother by his vi_tious and intemperate Life hath lost it. And oftentimes it proveth Advan_tageous to their Daughers too; for it doth frequently happen, when the Gen_try die, that they leave but small Portions to their Daughters, scarce sufficient to Prefer them to Gentlemen of great Revenues, (Parallel'd to their Fami_lies) yet nevertheless may be thought worthy and deserving of Trades-men, who are the younger sons of Gentlemen, and by their Matching with such as these, do come to live a little suitably to their Birth and Breeding.

Indeed the Innes of Court and the Universities, must be acknowledg_ed to be both of them Places fit for the Preferment of younger sons; but every one hath not a Genius capable of Learning those Noble (yet abstruse) Sciences, there taught and profest, who notwithstanding are ca_pable enough of a Shop-keeping Trade. Besides, if every one were fit for either of these, yet they would not suffice to receive a third part even of this sort of youth, and then what should be done with the rest? Should they be brought up to no Employment? but be left to the Ex_travagancy of their youthful lusts, to commit such impieties and de_bautcheries which may justly entitle them to the Compellations given by Augustus C�sar to his leud Children, viz. To be Called the Botches and Biles of their Family? As it is observable in those Countreys where the Gentry disdain to place forth their Children to Trades, who therefore turn very dissolute and vitious, and no way serviceable (in times of Peace) in their Generation, either to their King or Countrey where they live.

Secondly, because Shop keepers by Reason of their Education, were never used to labour, and should their Trades be destroyed by these meanes. they will not know how to maintain themselves and their Families; but they that have been bred to work, may labour in any other Employment, if that to which they have been bred will not maintain them.

Thirdly, Because this hath Rendred the Shop-keeping Trade to be unpro_fitable, like unto many unstinted Commons that no body is the better for. Now where there is no Order or Rule there must be Confusion; as it is in Trades a this time. And yet there is Order and Rule observed in other Vocations, and why not so in this? The Minister must not Preach until he is Ordained; The Lawyer must not Plead before he is Called to the Barr; the Chirurgeon must not Practice before he hath his License; Neither can the Midwife Practise before she hath her License too: And therefore why should any set up a Shop-keeping Trade, before they have been made free of the same.

This is one Reason why so few Apprentices, after they come out of their time, do get into the World, or can make any benefit of their Trades. Wherefore it concerneth all whatsoever, whether Gentlemen or Clergy-men, to be very solicitous for the Preservation of this way of life, which is so conducing to the Preferment of their Children.

Fourthly, because it will Cost a round Sum of Money, before a Child can be setled in any Shop-keeping Trade. First, To breed him at school and to make him fit for the same. Secondly, To place him forth to the said Trade when he is fit: Which will cost in a Countrey Market-Town, not less then fifty or sixty pounds, but in London upwards of an hundred; so that these Trades do seem to be purchased, and that not only with Money by the Parents, but with a Servitude also by the Son.

Therefore as I conceive, they ought to have the properties of their Trades confirmed unto them, even as other men have the properties of their Lands confirmed unto them: That is, that no Person do set up any Shop-keeping Trade, unless they be made Free of the same. And if any should plead, that it might be lawful for one man to use anothers Land as his own for a Livelyhood, he would presently be accounted a Leveller and a Ridiculous Fellow: And certainly no less can he be accounted, that should argue it might be lawful for one man to use anothers Trade. For this Trade is bought with the Parents Money, and the Sons Servi_tude, and intended for a future Livelihood for the Son in the same man_ner as Land is bought by the Father, and setled upon the Child for his fu_ture Livelihood and comfortable subsistence.

Object. But it may be Objected by many, that a restraint herein doth hinder Ingeniousness, the end of that liberty hitherto im_pleaded.

Answ. I answer, the end by these opposers chiefly intended, is herein altogether frustrated, viz. A further improvement of the Shop-keeping Trade, which (beyond controversy) cannot be more improved then it is already, and therefore an uncontrouled liberty of undertaking these Trades upon this account, doth (as I conceive) rather pervert the opera_tions of a pregnant Wit and lively Phantasie, which might be better ex_erted in other employments, that are fitter subjects thereof, yet abundant_ly more conducing to the publick good; such are Mechanick Trades, and others, (that may set the Poor more on work) by inventing Artifices and wayes for the making such Commodities here, which are now bought beyond Sea, and brought to us from thence, where they are made. But I fear any thing of so good consequence will scarce be effected, whilest this Liberty of turning Shop-keepers is permitted to all Persons promiscuously. Indeed the Parliament made an Act to encourage the Making of Linnen Cloth, but for this Reason there are few or none who have Medled with it.

Obj. 2. But some may say, should the Gentry be encouraged to put their younger Sons to Trades, it might have a bad Aspect on the Safety and Weal of the Kingdom, as may appear from the benefit the French receive by a con_trary Practice, who instead of making them Apprentices, invite them to the Camp, by which means the French King hath alwayes multitudes of brave Souldiers, both for Valour and Conduct.

Answ. I grant, that if the French had not this way, they would ne_ver have an Army of any Note for Prowess and Courage, but would be as faint-hearted and low-spirited as Women; Neither could they have Alarm'd all Christendom, as of late. The Reason is this, there are in France but two sorts of People, viz. The High Gentry, and the poor Peasant; Now these latter are alwayes Enslaved by the former, and thereby so much dis-spirited, that they seldom prove stout and reso_lute Souldiers. And hence it is, that they have not had one Pitched Battel in all the time of the late Warres; but on the other hand the English are of better Metal, for whilest they are well paid, and preferred according to their Merits, there will be in them no want either of Courage or Conduct. As may appear by the late unhapy Warres, where there were many, and some of them but of a very mean Extraction, that were as Eminent both for Courage and Skill in Mili_tary Discipline as any sort or degree of Men whatsoever. But this is al_togher destructive in the Time of Peace and Tranquility, which is most for the good of Mankinde, and chiefly to be desired. For so many younger Brothers being out of all Employment for a Livelihood, do occasion great Mischief to a Countrey, either by Robbing, or by Insurrections, (which is worse,) and therefore the French King is al_ways engaged in VVars, either Intestine or Foreign.

And it would be worse with us than it is with them, because the middle men of this Kingdom have plenty of children, and so have the Clergy, and were it not for the conveniency of trade to dispose of them, it would be impossible but that there would be great confusion. Now in France there are no middle sort of men to have children, and the Clergy have none, at least that they care for owning; so that it is manifest to all, by these reasons before pre_mised, that it is much against the general good of this Nation, that such liberty shou'd be permitted in the Shopkeeping Tade as now there is. But what way may be thought of to remedy the same? Now to this end I shall suggest some particulars that may be e_steem'd necessary; first for the setling of a right order herein, and afterwards for continuing the same when once established. For the setling of the Shopkeeping trade,

1. It would be necessary that all persons do prove (before some appointed for that end) that either they have been Shop-keepers fifteen or twenty years, or that they have been Apprentices to some Shopkeeping trade of buying and selling, and not to a working Shopkeeping trade, as is a Shoomaker, a Pewterer, or the like; nei_ther would it be necessary, the Son should be of any such trade, unless it could be proved, that the Father had served an appren_tiship to the same. So that if the Father be free only of a working trade, the Son also should be free only of the same; unless he hath served apprentiship to another trade and master; yet with this ca_veat, that there be not too great strictness used in this proof; be_cause many men that have truly served their apprentiship, may have lost their Indentures, or their masters may be dead; there_fore if any person concern'd can bring any one that will swear, that he did know, and was familiarly acquainted with the said appren_tice, at the latter end of his time, when he lived with such a one as his reputed apprentice, and that he never did hear or know any thing to the contrary, but that the said person did serve out his full time, that then this proof should be sufficient. 3. That upon this proof, the party concern'd should have a certificate of his freedom of the particular trade that he is free of; but without this proof and this certificate no person should be per_mitted to keep any wares in any Shop or Warehouse, or be of any Shopkeeping trade whatsoever. 4. That in all the Cities and Market Towns in England, the Shopkeepers do all they can at the first setling of Trades to di_stinguish the same, as much as may be one from another. It is true, custom formeth Trades, and in some few places, they are hereby very well distinguished already; yet in many places they are not. And although every trade cannot be distinguished as they are in London, yet in many places, they may come near it, especially in some eminent Cities, and Market towns, as Oxford, Salisbury, Northampton, and the like; and we may instance farther in Marlborough, a little Town, (in comparison of these) where they al_most have this distinction, and live better upon their Trades than they do in more noted places, where their trades are not so distinct: for in these latter, many Shop-keepers do not get so much by their trades, as some Workmen do by their labour; the reason is clear; for if a man hath not a very great stock he can_not be sufficiently furnished with the commodities belonging to so many Trades. Yet there are few places of eminency, but may admit of these Trades as several and distinct, viz. A wool_len Draper, a Linnen Draper, a Mercer that may also sell all sorts of Silver and Gold Lace, and silks and butons, and all other silken wares that are for trimming either to mens or womens cloths; a Milliner, who should not be suffered to cut any wrought silks as the Mercers do, but only to sell them in Hoods and Scarfs ready made; the Semsterer, who should also sell Linnen only in things ready made; the Upholsterer, the Ironmonger, the Book_seller, the Apothecary, the Grocer, and the Chandler, who might sell Bacon and Eggs, Butter and Cheese, Oat-meal, and Salt, Fish and Fowl, Poultrey, and Rabbets, Mustard, and Verjuice, Hops, Brooms, Maps and Brushes. I have named all the Commodi_ties that may belong to this trade, because I find it in no place distinguished, and which would in most places be a good Trade. The Tallow Chandler, who might not only make and sell Tallow Candles, but Wax Candles also and Torches, who might sell all sorts of Glasses, and Bottles, Crochery and Earthen ware. The Haberdasher of Hats, in regard that Women of late years do not so commonly wear Hats as they were wont formerly, may be al_lowed to make their Hats, and so may their Trade be as good as most Shopkeeping working trades. The Bakers trade would be much bettered, if none but they were permitted to retail Meal, and that they did retail also all sorts of Grain. And when trade is once distinguished, it would be necessary to perserve it so; which must be by hindring others to deal in such commodities that do proper_ly appertain to another trade. This would be a very great advan_tage to young men, that have but stock enough to compass one trade, and none can in reason be against it; save only some o_vergrown Tradesmen, that have stock enough to engrose many Trades. 5. That all Apprentices who are now in that condition should have their Indentures register'd, that it might be known what trade every one is bound to, and how long they have to serve of their time. 2. And to the end that this good order may continue in the Shop_keeping trade, and that there might be other things thought of for the regulating the same, it would be necessary that all Trades were in companies; of the great conveniency whereof I do intend to treat at the latter end of this Book.

Obj. But if no person should be permitted to sell any commodity that belongeth to the Shopkeeping Trade, but Shopkeepers only, then what shall the Clothier do with such commodities that he receiveth in truck for his Cloth.

An. If the Clothier be convenienced in selling his Cloth, then he will not be so much expos'd to ruck it as he was before; but how_ever, if he do at any time truck his Cloth for any of the Shop_keepers commodities, that then it should be lawful for him to sell the same in gross, and by whose sale, to those that are of the Shopkeeping trade, but not to buy and sell it as the Shop_keeper doth.

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SECT. XV. Concerning Taylers and others being Sales-men.

THis is another thing that doth add to the great number of Shopkeepers, which was never wont to be formerly; for al_though a Merchant-Tayler is a very ancient Trade; yet, it is sup_pos'd that either they themselves did transport those garments that they made, for which reason they were call'd Merchants, as well as Taylers; or else they sold many Garments together, by whole sale to them that did transport them; but not one single Garment at a time, as now our sales-men do; for if so, then there would have been many of this Trade in London, long before the memory of any man now living; but its far otherwise, for ma_ny remember when there were no new Garments sold in London, as now there are, only old Garments at second hand.

Now this new Trade hath spoiled many other Trades, but e_specially the Woollen Draper, and the Mercer, which were for_merly such Trades, that the most sufficient men in the Kingdom did place their sons unto; and the Tayler they have also spoiled, which was, and which would be again, a far better trade than the Sales-man is now if they were suppressed; which is as uncer_tain a trade as any is in the Kingdom; and there be more that do fail in this trade, than in any other whatsoever, that makes all men very cautious to trust them. And the reason hereof is; 1. Be_cause they are obnoxious to loose not only by old fashion stuffs but by old fashion Garments too. 2. Because many of them set up with little or no Stocks, that they are often forced to sell for little or no profit; nay sometimes to loss, for ready Money to answer their Creditors.

Obj. But Garments bought of them are abundantly cheaper than those bought at the Shops, and made up by accustomed Tay_lers, as they are called.

Sol. This is so in appearance only, and not in reality; for should they work up their sale Garments with as good Cloth, or Stuff, as is bought at the Shops, and put in as good Linings, and bestow as much workmanship therein, as the customed Tay_lers do, then they could not be cheaper. But the reason that they appear so cheap, is, because the stuff they use in the sale Garments, is so very sleight, that no body would buy the same in the Shop; and because the Linings are very ordinary, being often taken out of old Garments: and farther, they make up that in a day, that the customed Tayler doth not make up in four days at the least.

Obj. I know there are some that will say that they do buy their Commodities cheaper than the Shopkeepers do, and therefore it is that they do sell cheaper.

Sol. But this is a very great mistake; for there are no men that do generally buy their wares worse than they, and that for those reasons before premised.

But admit that they did sell cheaper (which as I say in reality they do not) yet they are a great hinderance to the common and general good of this Kingdom which should be chiefly prefered, for hereby is lost a greater conveniency than is gained by it; viz. three substantial Trades for the preferment of the Youth of the Nation, for one that is not near so good, as the meanest of the three, if this were away. For admit that a Gentleman of four or five hundred pounds a year, should save twenty or thirty Shil_lings a year, by his buying of the Sales man, (which as I con_ceive, might be the most that any such person can save by it) yet they cannot be so great a benefit to him as is the conveniency of two substantial Trades for the preferment of his younger Chil_dren; so that it will consist with good reason to suppress them, see_ing they are so injurious to the common good of this Kingdom. And few of them would be prejudiced by it, because most of them are Taylers, and so they may be still, and others that are not so, may be permitted to take up any other trade that they mangage.

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SECT. XVI. Concerning Pedlers, and petty Chapmen.

THese are such that do proffer wares to sale by retail either by crying it in Cities and Market Town, or by offer_ing it from door to door all about the Countrey, and which do greatly add to the number of Shopkeepers; for they carry their Shops at their backs, and do sell more that way, than many Shop_keepers do in their Shops, which is not only a prejudice unto them, but (if they are suffered) will (in time) be the utter ruin of all the Cities and Market Towns in England, for of late there is not any commodity to be named, and that can be any way ported, but that the Pedler doth carry all about the Countrey to sell; that people (after a while) will have little or no occasion to come to the Cities and Market Towns for any thing. This also was not wont to be formerly, and ought not to be now, as will appear if it be considered how much in these following particulars, the Shop_keepers are beneficial to the Common-wealth of this Kingdom; and hin how few of these the Pedlers are beneficial unto the same.

1. The Shop-keepers do bear a very great proportion in all the Taxes of this Kingdom, whether Parochial or National; but the Pedlers do pay little or no Taxes at all: and if in this great Tax that is expected to come forth this Sessions of Parliament, they were to bear no more proportion thereof than the Pedlers, it may be queried where it might be so easily gathered. 2. The Shopkeepers do bear likewise all manner of offices, whe_ther Parochial, or National, which are very expensive unto them; but Pedlers bear no offices at all. 3. The Shop-keepers do pay great Rents for the houses that they live in, which are more certain Rents to the Gentry than their Lands; but the Pedlers pay little or no Rent at all, for most of them do lie in Barns. And if the Rents should fall in Cities and Market-Towns in England, as they do in most places, especi_ally in the City of London, they are never like to be rais'd again by Pedlers. 4. The Shop-keepers do keep good houses, and do relieve the poor at their doors, spending abundance of meat, and other of the Farmers commodities in their families, for which they do al_ways pay ready money; but the Pedlers are so far from being be_neficial to the Common-wealth in this particular, that they are bur_thensome unto the same; for they beg the most part of their Vic_tuals, and the Countrey people (when the men are in the Field, and there hath been none at home, but Women and Children) have been forced to relieve them for fear of being mischiefed by them. 5. They and their families do wear out abundance of Cloths, which doth promote the trade of the Nation, but it is very little advance of any trade that the Pedlers do make herein, for their Cloths do differ little from Beggars; and did they wear better, yet they could not wear out much, because few of them have Fa_milies to do it. 6. The Shop-keepers Trade is esteemed creditable enough, for the preferment of the best mens sons in the Kingdom, next unto the Nobility, but so is not the Pedlers trade; for surely sufficient men would disdain to have their sons Pedlers, and to wander a_bout the Countrey like Vagabond Rogues as they do.

7. The Shop-keepers being sufficient mens sons, and being so_berly, and religiously educated, they come to have (for the most part of them) such principles in them, that they detest to use any indirect way in their dealings. And if they had not this inward principle, yet the consideration how Prejudicial any such thing would be unto them in their Trades by reason of their fixed habitations, doth make them to do that which is right and just in their dealings. But neither of these can rationally sway the Ped_lers, because their education usually is very base and vile, being (for the most part of them) wanderers from their youth, an im_ployment that few sober men do meddle with, so that no man knows whether they have any principle of Religion, yea or no, for it is seldom that any of them, are ever seen at any Church what_soever: and then they being Wanderers, makes them bold to use any indirect ways in their dealing, when they have an oppertu_nity; for when they have done, and taken their money, away they are gone into another Country, and are seen no more in that place.

And this is the reason that they do often sell one thing for a_nother, as Callico for Holland, and do sell that by the yard, that is usually sold by the ell, and do often make less than measure, ex_treamly, cheating the ignorant Country people in the price of their commodities by their asking sometimes three times the price more than they can afford them.

8. And as the Shop keepers are seldom guilty of any indirect ways in their dealings; so much less are they at any time guilty of any fellonious actions. But this cannot be said of the Pedlers, who very often are arraigned at the Bar for breaking open of houses, or such like things as these are, having by reason of their selling of Wares, access to all mens houses, and so do know the weakest part of every mans house; and if they are not actors herein themselves, yet they are able to inform any other person, who hath a mind to do it, which (doubtless) they do, as hath been acknowledged by some that have been arraigned for this thing; and then they are the receivers of all the stollen Goods, both of the Town, and the Country. Sometimes that which is stollen from Shop keepers in Market Towns upon their Market, and Fair days when they are busy; and sometimes that which is stollen from Country people, when their Linnen is hanged abroad to dry upon Hedges or other convenient places.

I shall not insist upon shewing wherein it is that they are prejudicial to the Shop-keepers, for this is obvious to every man alrea_dy, how they do come into any place where the Shop-keepers Trade doth lie, and there do take most the ready money of their customers, whilst Shop-keepers commodities lie by them, and braid at home. And by this means they sell but little, (unless any one do want to be trusted) for they seek no further than their Shops for a trade, depending upon the people that shall come unto them, that do live within six or seven miles of the Town where they do live.

I might add many other arguments for the suppressing of them, were not these (already mentioned) sufficient.

Obj. But many will say that they do sell cheaper than the Shop_keepers will, because either they do buy their commodities cheaper, or else they do steal the customs, and so may afford them cheaper.

Ans. This is impossible, except they be such commodities that have been stollen; for no man reasonably can apprehend, but that the Merchants will sell as cheap to the Shop-keepers as they will to the Pedlers; because if at any time they do want their money, they do know where to find the Shop-keeper, both him and his estate; but so they do not the wandring Pedler, neither him nor his estate. And then I suppose their stealing of custom will be no argument for their toleration.

Now if the Shop-keepers do buy as cheap, then they will sell as cheap as they; and there is no Shop-keeper whatsoever, but will sell any such commodity that the Pedlers do sell, for a peny in the shilling or two shillings in the pound profit for ready money; and if they do sell for less profit, it can hardly be dis_cerned by the buyer: And if they shall sell their commodities for less than it cost them, this can be no argument for their toleration; because hereby they may impoverish those persons that they do deal with, as already they have, and such that have been reputed to be with 20000l.

Obj. But should they be suppressed, what shall so many thou_sands of them do for a livelihood?

Sol. That for those that are Scotch-men, it doth little concern us, they being people of another Countrey: And for those that are English-men, there are few of them but were Labourers before they were Pedlers, and so they may be again, should they be sup_pressed. There are two more objections which I refer with their answers to the next Sect.

As touching the way whereby to suppress these sort of men, I deem there need no other than the Law that is already in force, only it would add more strength to the Law, if the Statute of the 39th of the late Queen Eliz. were interpreted by the Parliament, to be meant of all persons whatsoever that should either cry the selling any wares in any City or Market-Town, except victuals on_ly, or that shall wander about the Countrey, offering their wares to sell at the several places where they shall come.

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SECT. XVII. Concerning petty Shop-keepers living in Country Villages.

THis is another thing that (as well as Pedlers) doth great_ly increase and add to the number of Shop-keepers, and doth likewise contribute towards the ruining of the Cities and Market_Towns in England, and which was never wont to be formerly; for now in every Country-Village where is (it may be) not above ten houses, there is a Shop-keeper, and one that never served any Apprenticeship to any Shop keeping Trade whatsoever; and ma_ny of those are not such, that do deal only in pins or such small wares, but such that deal in as many substantial commodities as any do that live in Cities and Market-Towns, who have not less than 1000l. worth of Goods in their Shops, for which they pay not once farthing of any Tax at all either Parochial or National.

Certainly all men must needs apprehend, that if this, and Ped_lers be suffered, that Cities and Market-Towns must needs be im_poverished, because then there will be little occasion (I say) to bring the Countrey people to them, the which hath happen'd in a very great measure already; for in some places there is not a fifth part of the money taken by the Shop keepers as was formerly, and in many places not half, and in some particular trades there is (as may be made appear) 25000l. stock made use of less than there was heretofore. And there are these several reasons following, why it is necessary that Market-Towns and Cities should be en_couraged and upheld in their trades.

1. Because the people that do live in Cities and Market-Towns, do depend wholly upon a trade for the maintenance both of them_selves and their families: And if their trade be taken from them by such waies as these are, they will be at a very great loss to know what to do, because they were never bred to any thing else; yet so it is not with those that deal in Villages, who have been bred in some other way. And they have, or may have some other way of living besides the Shop-keeping trade. 2. Because if Cities and Market-Towns be impoverished, then the general part of the people of this Kingdom will lose that ne_cessary conveniency before mentioned for the preferment of their children. And this is one reason that when many Parents have been at great charge in placing forth their children to trades in Cities and Market-Towns, and the children have faithfully served out their full time, that after all, they are but little the better for it, because Pedlers, and Shop-keepers in Villages, such that never served any Apprenticeship to any Shop-keeping trade, do inter_cept a very great part of the trade from coming to them. 3. This will be a great means to depopulate not only the Cities and Market Towns, but also the whole Kingdom; for when men can find little or no incouragement in their trades, then they will endeavour to transplant themselves into other Countries, where they may have better incouragement, by which means we shall lose our people; whereas (in the opinion of many wise men) we do already want more people in England than now we have: there being very great numbers that have gone, not only into our own Plantations, but into Holland, and setled there. 4. If Cities and Market-Towns be impoverished and depopula_ted, then there will not be raised out of them that proportion of all manner of Taxes as now there is; so that the burthen hereof will be the heavier upon lands and revenues in the Countrey. And it will be a very great diminution of all those standing taxes, that the Cities and Market-Towns do bear the only, or at least the greatest proportion, as they do in the excise of Beer and Ale, for little is gathered any where else: And the Farmers of the Excise are alwaies sensible of the ebbing and flowing of trade, whose Excise doth ebb and flow accordingly. And then if Cities and Market-Towns grow poor, the Chimney-money will never increase thereby. The gatherers of this Tax are able to give an account what multitudes of Paupers are exempted by certificates in Cities and Market-Towns in England; and yet notwithstanding there be many do pay, who had need also be exempted. 5. If Cities and Market-Towns be impoverished, and depopu_lated of their wealthy and rich inhabitants for want of trade, the great and numerous poor that are in most of them will want to be relieved, which is a burthen that doth lie very heavy upon them already; for in some Market-Towns there are many that are not worth much above a hundred pound stock, which do not pay less than ten shillings a year towards the relief of the poor; which is such a burthen, that if it lay upon the Countrey Farmer, it would much weaken him in the paying of his rent. Now if the poor should not be relieved, what can be expected, but that swarms of them would go into the Country for relief, as already they do in many places? And when the ruder sort cannot get enough by beg_ging, they will by pilfering and stealing. So that the considera_tion of these poor, and the many younger Brothers that will be out of any way of living, with the like contingencies, will administer just occasion to any wise and intelligent person, easily to pre_sage the misfortunes and miseries that will hereupon necessarily ensue throughout this Kingdom. 6. If Cities and Market-Towns be impoverished and depopula_ted for want of a trade, then what will the Countrey-man do to have money for all his commodities, as his Butter, his Cheese, his Cattel, his Wooll, his Corn, and his Fruit? the Shop-keepers in the Countrey Villages will yield but little help in this case, and the Pedlers much less. It is manifest, that the people living in Cities and Market-Towns, consume all these commodities of the Farmers, and do help them to ready money for the same; by which means they have wherewith to pay their rent, and serve their other occa_sions; and it is impossible for them to subsist but by this way. So that in all reason this kindness ought to be reciprocal, and when it is so, it is the better for both; for it cannot be supposed that trades_men in Cities and Market-Towns should ever hold out, to buy the Farmers commodities, and help them constantly to money for them, if they should alwaies go home, and lay out little or no part thereof again with them. 7. If Cities and Market-Towns be impoverished and depopula_ted for want of Trade, the Kingdom may then be obnoxious to its enemies upon all occasions: For these use to be the fences and bulwarks of a Countrey, insomuch that in some other Countries they are so far from admitting of Trades-men to live in Villages, that their Gentry do not live there, but in the great Cities and Towns; by which means they have greater Towns than we gene_rally have; and most of their Towns are walled, and so are not only able to resist an enemy, but also upon all occasions to succour and save those that shall fly unto them.

Furthermore, the Kings of England have been alwaies furnished with men for their Wars out of the Cities and Market-Towns of this Kingdom; and the greater trade there is in any place, the more people commonly there are in that place: Therefore it con_cerns this Kingdom to have Trade promoted and encouraged in Cities and Market-Towns, that so we might have people enough at all times to resist an enemy that shall oppose us. Besides, poor and beggerly Cities and Market-Towns are a very great disparage_ment to a Country, but the contrary is a great honour: For what more graceful to a Kingdom than the many rich and wealthy Cities and Towns therein? for this reason, as well as for all those already mentioned, all persons that are of publick spirits, should do all they can to advance them, by encouraging of their trade; and no one way can do it more effectually, than to suppress those that do take their Trades from them.

I might add here also, that many of the houses in Cities and Market Towns do belong to many Gentry, and therefore they should be concerned for the encouragement of Trade therein, be_cause thereby they will advance their own revenue. But this par_ticular I have mentioned already under another head.

Obj. But these and Pedlers are a very great conveniency to the Countrey people, who have the opportunity of buying their com_modities at home.

Ans. 1. If any person is so in love with this conveniency that he is unwilling to part with it, then it is pity that the said person had any other way but this for the vending both of his own, and Tennants Country Commodities.

2. There are very few of the Gentry in this Kingdom, but who have Horses and Servants, and so can send to a Market Town at any time, for any thing that they shall want; and for others there are few in England (especially within 80 or 100 Miles of Lon_don) but they may either go or send thither two or three times in a Week. Formerly people had not this conveniency, and yet then they did well enough; for if they do not depend upon the having of any small thing at home, they will be sure to re_member, to have all that they want, when they either go or send to a Town.

However, if there be any such place, that is so remote from a Town, that they cannot send to it, without too much trouble, there a Shop-keeper may be allowed to set up, alwaies provided that he hath a certificate of his freedom of some Shop keeping Trade; and that the place where he shall set up in, be eight measured Miles from any Market Town, which is hardly six by computation.

Obj. 2. But these and Pedlers do occasion more Wares to be sold, than otherwise there would be.

Sol. If these and Pedlers be suppressed, then the people in the Countrey will frequent the Towns more, which will encourage the Shop-keepers to be better furnished than now they dare to be; and doubtless they will be as ingenious and as dexterous (though perhaps not so impudent) as the Pedlers to put off their Com_modities; and people when they are in Town, will be apt to buy more than now they do, that they may not want when they have occasion; and so by this means abundance of Wares may be u_sed more, because having thereof by them, they will be apt to spend the more; so that there will be little in this; besides, admit that these and Pedlers do promote the sale of some small trifles, yet they hinder the sale of those Commodities, that do more con_cern the publick good and interest; for if they be supprest, then people would frequent the Towns more, which will occasion more of Beer, and Ale, and Wine to be spent than now there is, which will advance both the King's Customs, and his Excise.

Obj. 3. However some may say, it may be necessary for people in the Countrey to sell some small things, as pins, and the like.

Sol. That under this pretence many will sell all other things, as hath been already shewed; and if men were of such publick spi_rits to endeavour to promote the trade of Cities and Market_Towns indeed, then it would be necessary that there were no trades permitted out of them, but such only that the Countrey cannot be without; such as a Black-smith, a Plow-wright, an ordinary Car_penter, and Mason, a Cobler, and a botching Taylor, fit only to mend and make the childrens clothes. Neither would it be ne_cessary that any Ale-houses in the Countrey be allowed to sell any Wine, or that they have any Bowling-green, or any thing else that might hinder the Gentry from coming to Market-Towns.

And as Shop-keepers in Villages, are a very great injury to Mar_ket-Towns, in the Countrey, even so are they to the City of Lon_don, that have (since the fire) set up in Convent-Garden, and on that side of the City; by which means many of the houses and Shops, are not tennanted, and those which are, the Rents of them are exceedingly fallen; and all this is for want of the Trade that they had formerly.

Now considering what a renowned City that is, both for go_vernment, for Trade, and for stately Edifices, that its thought, there is not the like in the whole World; and considering the geat charge that they have been at in the rebuilding of it, it is very re_quisite that they should be encouraged as much as may be, and that their Trade should not be taken away by such ways and means as these are. Now there are some Trades whose Commodities are such, that it would be very little more trouble for any one to go into the City to buy them, than to go to Convent-Garden, such as Wollen, or Linnen Cloth, Stuffs, or Hangings for Rooms, or Plate, or the like; if then all such Trades, were prohibited from setting up on that side of the City, it would presently fill their Shops and Houses with people, and their City with trade, I had thought to have treated here, how the Shopkeepers are inconvenienced to get in their small debts, which cannot be done any way without putting the people concerned to three times more charges than the debt is, which is likewise a great hinderance to the poor, as well as unto them; but this I shall omit, this book being already swollen much bigger than I did at first intend.

SECT. XVIII. Some things suggested that might be for the improvement of Trade.

IT is the custom of all Countreys to endeavour the improving of that which seemeth most nearly and chiefly to concern them; and other things that are more remote, not to be solicitous for; and therefore the Dutch do endeavour the promotion of Trade, for that is their nearest and chiefest concern; and we do chiefly en_deavour the improvement of rents and revenues, because this we apprehend is our nearest and chiefest concern. Trade seemeth to us to be more remote, although, as I humbly conceive, if it be rightly considered, that the way to improve rents and revenues, is first to improve trade; because the improvement hereof is the natural product of a good and flourishing trade. As for example if there happen to be a flux of rain to fill all the little rivulets and dikes, they do naturally cause the greater river to rise by their flowing into it; and the greater confluence of waters there is in any of these rivulets, the higher will be the tide of the greater river. Now it is the same between trade and revenues; for if there be any flux of trade, that the trades-men thereby have a plenty, it presently advanceth all the Farmers commodities, and so consequently rents and revenues too; which are not only lands in the Countrey, but houses and shops in Cities and Market-Towns; and the freer current there is of trading, the higher will be the tide of rents and revenues. And so on the contrary, if the Far_mer be obstructed, the latter will be impeded and hindred. So that all persons are concerned to endeavour the promotion of trade. And for a farther incitement herunto, consider that the Dutch already have gotten into a trade with all the world, and the French King doth lay about him amain for his people to get into a trade too; and therefore it doth highly concern us to do the same; especially seeing that (as all Writers upon this subject do say) England hath as many conveniencies for trade as most places in the World, and the people are as industrious, only there wants laws to set their trade right, and afterwards to keep it in a right and good order: for if a watch be never so exquisitely and elabo_rately framed, yet if there be not a hand to set it right, and af_terwards to keep it so, it will quickly prove faulty, even as it is with trade at this time.

Now to the end that trade might be promoted in this Kingdom, and that it may be regulated and set in such order, that it might run in its right current, and that we might be able to balance either the Dutch or French herein; I shall humbly suggest these three necessary particulars, that in all probability will effect the same.

1. If there were a counsel for trade made up of some eminent trades men of the City of London, mixt with some of the Coun_trey, and some eminent Clothiers, who might consider what might be necessary for the promotion of trade, and for the right setling thereof, and who might suggest the same to the Parliament when they do meet, that so they may have the less to do herein; for the whole structure of trade is very much out of frame at pre_sent, which would require much time to set it right again; and the Parliament do seldom sit above two or three months or there_abouts at a time, and then they have such a throng of other busi_ness obtruding them, that they have little or no leisure to mind the concerns of trade.

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SECT. XIX. Concerning all Trades being in Companies.

IF all those of a Trade were of one and the same Company, and had power to make some by-laws for the good of their Trade, it would extremely conduce not only to the promotion of the same, but to the keeping of it in a right and good order, pre_serving (at least) a temperamentum ad justitiam, if not ad pondus in our trades and negotiations.

And doubtless ab origine it was so in London, as appears by the several denominations of their several Companies; the defect whereof, I judge, is the reason that the trade of that City is de_clining, and grown so consumptive, and (unless suitable and timely means be used in order to its recovery) will certainly and sudden_ly expire: For if none were of a Company but those only that were of the same trade, they would be freqently whetting one another to do something that might be for the advancement there_of; and every one would refrain the doing of any thing that might give a wound to the same, for fear of being reprehended by the Company.

But now if any persons trade do differ from the trade of his Company, of which he is free, he doth then mind but little the trade of that Company, because he hath a small benefit by it; but if his trade be the same with the Company of which he is free, then he is very often mindful of what may be necessary to pro_mote the same, because he doth expect a benefit by it.

Now (I conceive) this might easily be reduced to what it was at first; for it would be no prejudice to any of the Companies, for every one to have the liberty to come into that Company that his trade is of, and to be in the same state and degree therein, as he was in, in that Company that he came out of, without paying any thing more for it; because, as they shall hereby lose some of their members out of every Company, so will there be received some more into them.

Obj. Now there are two Companies in London, viz. the Gird_lers and Fletchers, that the trades thereof are quite lost and gone, there being none of either of them; and if this device should take place, the rents belonging to those two Halls will be lost, be_cause there will be no body to look after them.

Sol. That the Linnen-Drapers have no Hall, and is no Com_pany, which now is the most flourishing trade of the City; there_fore it would be very convenient to joyn these two Halls together, and to make them belong to the Linnen-Drapers Company.

And then to the end that this order might continue, it would be necessary that no person be suffered to set up the Trade of any particular Company, unless he be first made free of the same.

Obj. But if this be so, then the priviledg of the City will be lost; which is, that he that is free of any trade, may set up any other whatsoever, that he can best live upon.

Sol. My meaning is, that he that hath been Apprentice to a working Trade, should not have the priviledg of setting up the Shopkeeping Trade, and that for the reasons that have been already given: Yet I deny not but that it might be convenient enough for any Shopkeeper (that is only of buying and selling) to have that priviledg to leave his own Trade, and to take up another Shop_keeping Trade, that he may live better upon. But then it would be necessary that he should be enjoyned to leave his own Trade altogether, and to quit his freedom of his Company, and that within a certain time, that may be thought convenient; and that he be also further enjoyned to take his Freedom of that Company as the Trade is of that he intends to set up, and that within such a convenient time.

And as this being in Companies, is necessary for Shopkeepers, and all other Trades, even so it is for Merchants too, that all they that do trafique to any particular Country, which should exceeding_ly encourage all Forreign trade; for there would be then such an order in the Trade of every particular Countrey, that men would gain thereby, whereas now it doth too often happen, that they do loose.

I know there are very wise men, that are very much against Mer_chants being in Companies, but I cannot find that any Merchan_dizing Trade is managed so well, as those that are managed by Companies; and this appeareth by the Dutch, who do trade al_together in Companies, and who is it that hath such success in Trade as they have; likewise ourHamborough trade was never carried on better, than when they were in a Company, and it was then better for Clothiers too, then ever it hath been since: and I cannot but believe that if the Fishing trade, that is so advanta_geous to the Dutch, were committed to a Company, it would in a short time turn to a very good account.

But I suppose that the reason that many are against merchants being in Companies, is because hereby many men would be bar_red from adventring to any Countrey, unless they were free of that same particular Company. Now to help this, it would be necessary that any one should have the liberty to be of any Company of Merchants that he hath a mind unto, always pro_vided that every such person do engage to submit to the Laws and Orders of the said Company; and if it be so, it can be no prejudice to any man, for he that hath an estate enough, may be free of many Companies, and so may adventure into many Countreys.

Obj. But now every particular trade, cannot be a particular Company in few other places but in London, by reason of the paucity of the Traders there.

But yet nevertheless, they may be in Companies in the Coun_trey Towns, for there may be many Trades that may conveni_ently be of one Company; as all these Shopkeeping trades, viz. The Woollen and Linnen Draper, the Mercer, the Milliner, the Apothecary, the Grocer, the Chandler, the Ironmonger, and the Book-seller; even so many Shop-keeping working Trades may be of another Company, and many other working Trades, that are not Shopkeeping Trades may be of another, and those that em_ploy the poor, may be a distinct company likewise.

Now it would be necessary also, that these Companies in Mar_ket Towns, should have the same priviledges, as they have in the City of London; that is to say, that they might choose their own officers, and have power to make by-Laws, for the benefit of their trades, and bind Apprentices, and make them free, and to give them a Certificate of their freedome, without which no per_son should set up any Shop keeping Trade in any place whatso_ever. Neither would it be fit for any one to manage two Shop_keeping trades, that is to say, such that either have been distinct trades of themselves, by the custom of the place, or that may be made so by agreement of the Shopkeepers of any place; for as I have said, it would be much for the benefit of the Shopkeep_ing Trades, that they are distinguished as much as may be. Nei_ther should any person be admitted to manage any other Trade but his own, unless he doth leave the same altogether within some convenient time after he hath set up another; and in default here_of he should be liable to a penalty. And then it would be expe_dient, that that irrational custom of Corporations be taken away, viz. That no one should set up a Trade in any place, but there only where the party was Apprentice. I can see no reason for this custom in any place but London only; for why should any man that hath served his time to a trade, be barred from setting up in ano_ther place, if he can have a better livlihood there, than he can where he served his time or; if a young man shall be offered a Shop, and a Wife in another place; why should he be barred of such an opportunity, that is so much for his preferment.

Therefore it would be necessary, that he that hath served an Apprentiship in any one place, might have the liberty to set up in any other whatsoever; always provided that he hath a Certifi_cate of his freedome, and that he is not likely to be chargeable to the Parish.

SECT. XX. Concerning the great conveniences that Markets would be to the Woollen Manufacturer and others.

3. If there were weekly Markets appointed in convenient places of this Kingdom, for all the manifactures thereof to be sold, it would extremely help our trade, and be a very great benefit both to the Sellers, and also to the buyers.

For by this means, the Sellers, so soon as they have made their manufactures, would have presently a Market to go to, where they may meet with variety of Chapmen; and if the Market do not serve one day, it will be no great charge for them to go home, and to come another; when it may be their wares might go off bet_ter, and then all the rest of their time, they are at home looking after their affairs; whereas now, they are forced to spend a con_siderable part of their time, in running up and down the Countrey to sell them Wares, whilst their business doth go backwards at home.

And as it will be convenient to the Sellers, even so it will be to the Buyers too, who by this means will have the opportunity of the choise of goods, and of furnishing themselves with all the as_sertments of such commodities as are sold at that Market, which they could never be supplied with by the Hawkers.

Now one great reason, why so many manufacturers do run all about the Countrey, hawking of their Commodities, is because they have had hardly any other conveniency but this to sell them; except it be at Fairs, which (as it may be supposed) are not so con_venient as Markets; and that for these following reasons.

1. Because that after the Manufacturers have carried their Com_modities a great way to a Fair, they have only one single Market to depend upon for the selling thereof; of which they being very sensible; and having waited for this Fair, and considering farther, that it will not be very soon, that they shall have the oppor_tunity of another, and that it will be a charge to carry their Wares home, and bring them again the next ensuing Fair; they are there_fore very solicitous and earnest to put off their Commodities by trucking them for things that they know not what to do with; and this is the reason likewise, that the Clothiers do so much run into the Shop-keeping trade as now they do, and is the cause of ruining both the Trade of the Countrey, and more especially of the City of London. 2. Because there being so far a distance of time between the Fairs, that the poor Manufacturer his Stock will not keep on his Trade so long, which doth put him upon the borrowing of Money, which he promising to pay again at the Fair, is many times forced to sell his Commodities for ready Money to a very great loss.

Now a Market every week will remedy this, because when this poor man hath made as far as his Stock will go, there is a Market ready for him presently to go to, so that by this means, he may sel_dom have occasion to borrow Money to drive on his Trade.

Now concerning the places, that might be most convenient for these Markets, it would be necessary, that wheresoever any Com_modity is made, that there should be a Market for the same, viz. at Meer for Ticks, at Sherborne for Buttons, at Taunton and Exe_ter for Serges, and Manchester for Dimithys and Fustions, and o_ther Commodities made there; at Norwich for their Stuffs, and likewise at all Sea-ports, where any of our Manufacture is shipt off; as at Bristol, Southampton, Hull, and Newcastle, and the like; London will be a Market sufficient for all places within three_score Miles of it.

And then when once these Markets are setled in the several and respective places, it would be necessary that no person or persons whatsoever, have any liberty, either to buy or sell any such Com_modities, that are usually bought and sold by Shop-keepers, but either at the Market-place appointed in the several Cities and Towns, or at his or their own dwelling house, & he that should either buy or sell any such commodities that should be proffered, (unless it be in one of the aforesaid places,) they should be liable to a pe_nalty.

Obj. But should the Silk-weavers, and all others, be enjoyned to sell their wares at a market, it may be prejudicial to the whole-sale_trade in London; because many Countrey Chapmen may buy at these Markets.

Sol. That they have already in London a by-law, that all wares are forfeited that are forreign bought, and forreign sold, and none but Free-men are allowed to buy at Blackwell-Hall; and so it may be at these Markets: And for the benefit of the City, it may be more strict, viz. That it should be unlawful for any Free-man to allow any other to buy at these Markets in his name.

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SECT. XXI. Concerning the making of Linnen-Cloth.

NOw all men do look upon this to be one of the best designs that ever was in England, because hereby our Poor will be employed, our Land will be improved, and many thousands of pounds will be saved from going out of the Kingdom for this commodity.

Concerning the place that would be most convenient for the setling of this Trade; it should not be any where within sixty miles of London, especially all along by the river of Thames; for all the land in this distance doth bring forth little enough to sup_ply that City with Corn and other Provision: And besides, all these places would be most convenient for the clothing-trade, as appears by those reasons before given; neither would any of the West Countrey be convenient for it, because there they have a manu_facture that is sufficient to employ them already.

Therefore, as I conceive, that the only place for this Trade would be in the Northern parts of England, especially if the Irish Act be repealed; and that for these reasons.

1. Because those lands that are now used for the breeding of cattel, may then be used for the sowing of Hemp and Flax, which doubtless in a very short time will be as great an improvement unto them as the breeding of cattel can be. 2. Because there the Poor do work at very low rates, which will make the Linnen to be the cheaper, and therefore the more likely for the trade to take effect. 3. Because hereby our Shipping will be employed in the same manner as it is now, from Morloix and St. Malo; for Hull and Newcastle will be both convenient Markets for the commodity, and convenient Ports too, from whence it may be shipt off for London, and other places. Now for the effecting of this trade in England, it would be ne_cessary that the Farmer who doth sow the Hemp and Flax, should hackle it, and get all the stubs out of it before he offereth it to sale. 2. When he hath so done, that then he bring it to a Market to sell as Wooll, or as any other thing is sold.

3. That there be Linsters or Linneners in the Cities and Mar_ket-Towns in those parts, that should be encouraged, who might buy this Hemp and Flax of the Farmer, and cause it afterwards to be drest, and spun, and woven, and whiten'd, and made fit for the Market. And it would be necessary that the thread be whitened before it is made into Cloth, which will hereby the more resemble French Lockeram and Dowlas, and will be much the stronger Cloth.

And the way to encourage the people to adventure upon this trade, would be to secure them from being losers by it; for those that are most likely to do good upon this trade, must be such that are stirring men, and that have some small stock of their own; which being all that they have to depend upon, are unwilling to hazard it in a publick concern; and there is no reason that they should, especially because its seldom but that he is a great loser who doth first adventure upon any new project. Now this is the way that the Dutch do take in any such design, and it must be the way that we must take to, if ever we intend to effect any thing of this nature in England, as is plain in that there have been but lit_tle or no progress made herein, though it be near fifteen years ago since the Parliament made a law to encourage it.

Obj. But if those that do undertake this business be secured from losing, then the Countrey may be cheated; for they may pre_tend to be losers when they are not.

Sol. It must be expected that in the obtaining of such a trade as this is, there must be some inconveniences dispensed with at first, which will be better born by a publick than by a private stock; and then this inconveniency may not be for any long continuance, but only unto such time that the people have learned the way, and are a little acquainted with the same. I shall not suggest any thing how this stock may be raised for the securing of those per_sons, because that may be easily done in the several and particular Counties where this manufacture shall be made.

4. That it would be necessary that there be a Dame in every Parish (as was before suggested) to teach the Poor to spin this Lin_nen. 5. That when once this Linnen-trade hath took effect, it would be necessary that we do lay as high an Impost upon all French Lin_nens, as they have laid upon all our Woollen manufacture. &horbar

SECT. XXII. What Statutes in force may be injurious to Trade, and Trades men.

THere are several Statutes in force that are injurious to trade, but especially that for the subsidy of Aulneage, as will ap_pear, if any one do consider,

1. The exceeding greatness of the forfeiture, which for not paying of two pence for a Seal, there may be lost a piece of Cloth worth fifteen Pounds.

2. That notwithstanding the greatness of this forfeiture, yet Trades men are continually obnoxious hereunto; it being not possi_ble to avoid it; for sometimes the Seal will rub off in carriage, which being found, hath cost some men dear; sometimes they rub off in shewing, and tumbling of the Wares in the Shops upon Market days; or when men are busy, they cut off the part that the Seal is annexed to, and do not mind it; and sometimes Ser_vants are careless herein; but in all these cases these Cloths, or these remnants of Cloth are liable to be lost; nay a Shop-keeper is hereby hindred from selling half a Cloth at any time to a Chap_man; because they cannot both have one Seal on their parts, and he that hath it not is likewise liable to loose his; so that by reason of this law, the Shopkeeper is in danger of losing.

By this means the duty is doubly paid, and more; for although there is not one Cloth or Serge that cometh into any mans Shop, without this duty being first paid, yet the Shopkeeper is forced to pay what the Aulneager will have every year; which commonly is more than the whole duty would come to, if he paid for every particular piece that he receiveth into his Shop; and if he desired more, the Shopkeeper must pay it; unless he will always be in fear of being prejudic'd. Certainly if Markets were established as is before suggested, they would remedy this, because then those concerned in the gathering of this Tax, may look only after the Cloth and Serge in the Markets, and so might not be permitted to examine any Mans shop, or at least, if they were, only whole pieces should be liable hereunto, and not any remnants; for no man for the saving of two pence, would cut his Cloth into rem_nants, and then it would be necessary, that the forfeiture doth not exceed five Shillings, which is enough for not paying of so small a sum; nay, and if the seal have been rubb'd off in the car_riage, and that the Shopkeeper can procure a Certificate under the hand and seal of a Justice of Peace, that the party of whom the Cloth was bought, hath testifyed upon his oath, that the said Cloth was sealed, and that the duty thereof was paid; that in this case the forfeiture should be omitted.

2. The Person before mentioned Mr. Cooke. doth say, that the Statute a_gainst Naturalization, is prejudicial to trade, because there is a great want of People in England; there being so great a multitude, that have transplanted themselves into other Countries, and many lost by the late Wars, and by the great Massacre in Ireland, and the late great Plague; all which have very much depopulated England; especially all places that are upwards of fifty or sixty Miles off London; and then there is abundance of wast Land in Eng_land, such are Commons, which would imploy multitudes of people more than we have, though the law forbid other Na_tions: other Countries have thought this to be their interest, in_somuch that they have not only invited the people of England, such that have had skill to work upon that Manufacture, that they have had a design to promote; but they have also encouraged them by appointing them a convenient place to live in, and exempted them for some years from paying those Taxes usually paid by the Natives; and if this be for the benefit of this Nation, (as is deemed, not only be the person before mentioned, but by many other judicious and Wise men,) then never was there a better op_pertunity for it than now, when so many parts are so sorely in_fested with Wars, that people would (in all likelihood) be easily induced hereunto: indeed these Walloons that setled in England, in the raign of Qu. Elizabeth, were never hurtful but helpful to this Nation, and the Art of making their Manufacture is now as beneficial to this Kingdom, as any other whatsoever; and doubtless so would it be, if a Colony of people that had skill to make Linnen-cloth, were setled in the Northern part of this Nation.

The Irish act that prohibits the importation of their lean Cat_tel, doth greatly hinder Trade, in that the Money that was made of them was returned in Commodities; such as all sorts of Silks both wrought and unwrought; all sorts of Stuffs, both Hair and Worsted; Cloth Gold, and Silver, and Silk Laces, and many other Commodities, and then by this means there was meat in our Sea-ports for the victualling of Ships, which brought a Trade unto them from other parts; not only for Victuals, but for Tallow and Hides also; all which Trade by this Act is quite lost and gone.

2. It is injurious to the Grasiers too, in regard that these Cat_tel did cost less Money, and would fat sooner, and so did pay far better than would our English breed Cattel; and by reason that so much meat was vended into other Countries, from our Sea-ports, they always had a quick sale for their fat Cattel, which is not so now.

3. All men, both Gentlemen Trades men, and Countrey men, are injured by it, in that they pay at least a fifth penny more for their meat now, than they did before this Act was made, which if it were accounted from the time that this Act was made, it would amount to many hundred thousands of Pounds in the whole King_dom: seeing then it is so much against the general good, it would be happy for this Kingdom if it was repealed; for there is but one little spot of the Land in comparison of the whole that receiveth any benefit by it, which is only in the Northern parts for breeding of young Cattel upon their Land, which (as I have said) would be as well improved by sowing of Hemp and Flax if in those Parts the making of Linnen Cloth was encouraged.

FINIS.

A Table of the several Sections. 1. THe introduction, shewing the reason why the ancient Trades of this Kingdom are impaired. 2. Concerning the Clothing Trade. 3. Concerning the transportation of Wooll. 4. Concerning that which hindreth the making of our woollen ma_nufacture good. 5.Concerning that which hindreth the making of our woollen ma_nufacture cheap. 6. Concerning the damage and loss too often accrewing to the Clo_thier in the selling of his Cloth. 7. Concerning the exportation of our woollen manufacture. 8. Concerning that which hindreth the wearing of our woollen manufacture at home. 9. Concerning that which hath ruined the Silk-weavers trade. 10.Concerning the manufacturers retailing the Wares that they make. 11. Concerning Hawkers. 12. Concerning mens breaking, and paying little or nothing of their debts. 13. Concerning Stage-Coaches. 14. Concerning the Shopkeeping Trade. 15.Concerning Taylors and others being Sales-men. 16. Concerning Pedlers and petty Chapmen. 17. Concerning Shopkeepers in Countrey Villages. 18.Concerning a farther reason of the decay of Trade in this Kingdom. 19. Concerning Trades-men being in Companies in every City and Market-Town in England. 20. Concerning the great use that Markets would be to the woollen manufacturer and others. 21. Concerning the making of Linnen-Cloth. 22. Concerning some Statutes in force, that are very injurious to Trade and Trades-men.

|CEC |Y1697 ENGLAND AND EAST-INDIA Inconsistent in Their Manufactures. BEING AN ANSWER TO A TREATISE, INTITULED, An Essay on the East-India Trade. By the Author of, The Essay of Wayes and Means. &horbar London, Printed in the Year, 1697. &horbar &horbar Some Considerations upon Reading a Treatise, Intituled, An Essay on the East-India Trade. By the Author of the Essay on Wayes and Means.

THE many Objections formerly made against the East-India Trade, because was carried on by the Expor_tation of our Coyn or Bullion, and by the Importation of Manufactured Goods and Toyes, were usually answered by the Ad_vocates for that Trade, that such Goods could not be injurious, because were not spent in England, but Transported to Fo_reign Markets, and thereby occasioned the Importation of more Bullion than ever was Exported: But the Truth (which was for_merly denyed) being now owned by this Treatise, that one half of the said Goods are consumed at Home, and that those Ma_nufactured Goods do hinder the Consump_tion of what are Fabrickt by our own People. The Landed Men have now Reason to conclude, that they are more concern'd in this Contest, than the Weavers, as well for their particular Interest as the publick good: And therefore the Considerations here Offered are thought necessary, that these new Maxims and Arguments may be Examined; because the Rents of Land as well as Preservation of our Coyn, Con_sumption of our Manufactures, and the Im_ployment of our People, doth much depend upon what Resolutions may be taken for the settling of this Trade.

The General Notions about Trade from Page the First to Page the Eleventh are post_poned, to be considered at the end of this Treatise.

Page the Twelfth asserts,

1. That the East-India Trade is beneficial to England. 2. That to Prohibit the Wearing of India Wrought Silks, Bengals, &c. will be destru_ctive to the Trade of England.

To justifie the first Proposition, it is said, That we Export but 400000l. per Annum, of which 1/8 to 1/4 is in our Home made Goods, and that the produce of 200000l. brought home and spent in England, being the one half, yields us 800000l. and the produce of the other 200000l. being in Goods sent Abroad to Foreign Markets, yields us another sum of 800000l.: And therefore that England gains by this Trade 1200000l. per Annum clear. Page 16, 53.

Instead of offering Vouchers to prove this Accompt, it is said, That it must be clear Gains, because the half spent in Eng_land prevents the Exportation of treble that sum in Money, which would otherwayes be carried out for the purchasing of Silks and Linnens in Foreign Parts, and that the other half must be clear Gains, because no one versed in Merchandize will deny it. Page 16.

And for a further confirmation, the Au_thor tells us Page 17, That he hath cogent Reasons to believe this Nation did increase in Riches from Anno 1656 to Anno 1688, 2 Millions per Annum; and that after much study and thought did find, that the said increase did arise 900000l. by our Planta_tion Trades, 500000l. by our Products and Manufactures, and 600000l. from the East_India Trade; which we must believe, be_cause he saith the matter is not capable of any clear demonstration to the contrary. Page 18.

It is thought convenient to answer this Accompt with an Accompt much different, and yet probably as true, viz. That there hath been Exported for India Annually ever since Anno 1673. when the Trade in Manu_factured Goods from thence begun first to increase till Anno 1690, about 600000l. per Annum in Bullion by the Company, Private Traders or Interlopers, from England or Spain, and that the Goods brought from thence never brought back into England, nor saved the going out of 200000l. per Annum in Bullion: And therefore that this Trade, instead of being profitable to us, hath exhausted about 400000l. per Annum of our Treasure, and done us much Mis_chief by the Importation of such Goods; and that our Riches have not Increased ever since Anno 1666, but have Annually De_creased very much by Trade.

But before any Argument should be en_ter'd upon, which of these Accompts is most Justifiable, 'tis requisite to agree upon matter of Fact and Principles, particularly what may properly be called the Riches or Treasure of a Nation? Or what may be esteemed the most Useful, after what is ab_solutely Necessary, to supply the Necessi_ties of Nature? Some being of Opinion that nothing doth deserve that Name, or to be so esteemed, but Gold and Silver; be_cause no other Metal is so lasting and dura_ble, or so fit to receive the Royal Stamp, nor to be ascertained in Value, and divided into several Denominations, nor so conve_nient to pay Fleets and Armies; and be_cause hath a general esteem in all parts of Europe, as fit for such uses, and to be the Standard for the carrying on of Commerce, and to be Barter'd off for all other Commo_dities.

That Jewels, Lead, Tin or Iron, though durable, yet having not those other quali_fications, do not so well deserve to be esteemed Treasure.

That Silks, Woollen Goods, Wines, &c. may be esteemed Riches between Man and Man, because may be converted into Gold and Silver, yet do not deserve to be esteem_ed the Riches of the Nation, till by Expor_tation to Foreign Countries are converted into Gold and Silver, and that brought hi_ther, because are subject to corruption, and in a short course of Years will consume to nothing, and then of no value.

This being stated, if agreed, whoever will undertake to make out, that we have either by the East-India Trade gained 1200000l. per Annum, as asserted, Page 15, 16. Or that the Nation did increase in Riches from Anno 1656 to Anno 1688, two Millions per Annum, must make out that so much was Imported in Bullion, over and above what was Exported: Which is so far from being generally believed, that many are of opinion, we have had our Treasure Annually exhausted ever since 1666, not only by the East-India Trade, but also by the great Exportation of our Coyn to the Northern Kingdoms to purchase Naval Stores, and Deals, Timber and Iron, used in the Rebuilding of London, and a greater number of Houses since erected elsewhere, and to other places and Countries for sup_plying the many losses of Goods that were burnt by the Fire, or spoiled in removing, for the purchasing of Foreign Commodities for the furnishing of the new built Houses, and to carry on the French Trade.

From Anno 1656 to 1688 is 32 Years, which at 2 Millions per Annum is 64 Millions. All that remember how plenty Mo_ney was in this Nation Anno 1656, may find reason to conclude that we have not now in the Nation as much Gold and Silver as we had then. So that either the 64 Mil_lions hath been spent since 1688, (which no Man can believe) or else was never gotten; which is most likely to be true: Because, according to the best computation that can be made, it is concluded there hath not been Imported into Europe from Africa and Ame_rica (from whence only any quantity of Gold and Silver comes) since the Year 1656, much above 2 Millions per Annum, and it cannot well be imagined that we have got all to our shares: But if the Author had spent more thoughts, and study, to have found out where the 64 Millions he men_tions to be gotten, are now to be found, would have done the Nation a great kind_ness at this time.

In justification of what hath been said, that we lose by the East-India Trade, as it hath of late Years been managed, these particulars are offered.

1. That it appears by the Custom-House Books, that there was Enter'd in the Com_panies Name, Shipt out from Anno 1675 to Anno 1685, above 4 Millions, which is a_bove 400000l. per Annum: And though it be difficult to make out exactly what was carried out, those Years, by Interlopers or particular Persons from England and Spain, to carry on Private Trade, yet it may be computed at 200000l. per Annum. 2. Of the Goods brought from India and Exported, it doth not appear by such Ob_servations and Estimates that have been made, that 200000l. worth per Annum were ever Exported to Spain, or any Coun_try from whence we usually Import Bul_lion. 3. That from France, Holland, Turky, Italy, no returns usually come in Bullion; what being brought in from Holland against any Sale, usually going out again by the Course of Trade, seldom stayes long, be_cause it is not supposed the ballance of that Trade hath for many years stood long in our favour, nor till we apply our selves more to good Husbandry in the Consump_tion of Foreign Commodities, can well be expected ever will.4. That no rational account can be given of any Gold and Silver imported into this Kingdom to continue here, but what comes from Africa, Spain and formerly Portugal, and some small Parcels sometimes from Jamaica, and that from all those places we seldom have imported according to the best Calculations above 600000l. communibus annis for 30 years last past, and if 1/3 of that be allowed to be for East-India Goods, it is the most that can well be reckoned; and that whatever we have Exported more in Bullion annually hath been lost by that Trade; for what comes back in Goods to be consumed here, makes us no amends for the Treasure Exported, and Trades that cannot be ballanced with our own Products, ought to be rectified some other way, and not by sending our Money to India to buy Goods for that purpose.

Till these Objections be removed, we must be very credulous if we believe that the India Goods Exported bring us back as much Treasure, as that Trade carries from us in Bullion, and if not brought in by the Goods sold abroad, cannot possibly be brought in by the other half of those Goods spent at home. But to salve that, it is ar_gued in this Treatise, that nothing can be a clearer Gain than 600000l. per Annum by the Goods spent at home, because so much would otherwayes have been Exported to purchase Foreign Silks and Linnens.

But this Argument will appear to have no ground if our Course of Trade in Silks and Linnens from the European Nations be look't into, and how and for what uses those Silks and Linnens, and these from India are consumed, that will make it plainly appear that these Goods from India do us no such Service, and are so far from being a clear gains, upon any such Account, that do not save us any thing material, but are pernicious in the highest degree.

It is well known by all Traders, that the Silks imported from France were most Lustrings and Alamodes which have been computed to amount to 400000l. per An_num, what other Silks came thence, were esteemed for their being of some new fashion, and were usually high prized Rich Silks. The promoting of the Lustring Com_pany to Manufacture Lustrings and Ala_modes here, and incouragement to our Weavers to make such Rich Silks may pre_vent their coming from France, but which sort of these Silks from India are spent in the room of Alamodes or Lustrings or of any other Silks, that did usually come from France, is unknown to those skilled in that Trade. The Silks that usually came from Holland were Velvets, Alamodes and Lustrings; and from Italy, Velvets, Da_masks and Taffaties; though it be not doubted but the Silks from India do hinder the Consumption of some Damasks, Taffa_ties and Sarsenets, yet being those were all, or most, purchased by the Products of our Ma_nufactures, we had better have them, then send our Money to the Indies to purchase these.

Diaper, Dowlas, Canvas and Lockrams, which were four sorts of Cloth that com_posed the vast quantity of Linnens formerly imported from France, which as well as other Linnens taken from Hamburgh, Germany, &c. were most used for Sheeting, Shifting, Ta_bling, and such other uses in Families as have not hitherto, nor is it likely will ever be sup_plyed by these Linnens from India. The Muzlings and fine Linnens from India, it may be observ'd, are consumed for long Cravats, Nightrails, Commodes and Win_dow Curtains, (an Expence not known in England till within these 20 years) also for Aprons, and thus do hinder the Consump_tion of Cambricks, and Lawnes, and the course Callicoes, of some course Cloaths. But if Cambricks and Lawnes, and most of such course Linnens were all purchased with our Woollen Manufactures; then we shall find reason to conclude we did ill to introduce the Expence of these Linnens from India, which are so far from being a clear gain to England, as asserted Page the 16, that they are costly and mischievous upon several Considerations.

As it doth not appear upon these Exa_minations that the East-India Trade is be_neficial by bringing in more Bullion than carries out or by hindring the Exportation of any of our Coin for Silks or Linnens; so it may be affirmed, that the Silks do us a further Mischief by being spent directly in the room of our Stuffs made of Wooll, Hair, and mixt with Silk, and Worsted, and that no other silk made abroad, did ever serve for those uses, and therefore most dangerous.

The Arguments derived from the great Gains made by that Trade, as by several Accompts in that Tract, ought to be lookt on, as blinds or baites for unthinking men; for if the accompts be not true, then the Arguments grounded thereon cannot be good. It is well known the Company doth not export the Goods they bring, but sell them at a publick Sale, and that in the most flourishing times seldom got clear 50 per C. by such Sales, the Merchants or Shop-keep_ers who buy of them, get 10 to 20 per C. more, either by sending abroad or retailing them here, adding to this what is paid for Cu_stoms and Charges, yet all will fall much short of this Computation, and that part which is thus gotten by Sales at home, is gotten by their being a Monopoly, and can_not be reckoned as gains to the Nation; and taking the Stock from Anno 1657. when first Incorporated to this day, there hath not been divided, (the Author owns Page 52,) not 20 per C. others think not 10 per C. per An_num, amongst the Adventurers in that Com_pany; and the Crown, Capt. Dorrel, who went an Interloper, was thought to make an extraordinary Voyage, because divided 50 per C. and few others ever made the like. So that without better Vouchers then are produced in that Tract, these Accompts ought not to pass, neither ought we to be_lieve that what is pretended to be gotten by the East-India Trade was so in Fact; no such Gains having been divided amongst the Adventurers, much less to the Nation, which may appear by their Books to be true, what_ever Gains have been made by some parti_cular Persons; but if 300 per C. then must be hid as part of 64 Millions gotten by Trade since An. 1656.

And it cannot be denied, but that this Trade hath the Worst Foundation of all the Trades we drive, because carries from us Gold and Silver, which we cannot well spare, and brings us back Toyes, Handi_craft and manufactured goods, which we least want, not only to the hindrance of the Consumption of our Wooll, but the imployment of our people (from whence only Riches can have their original) and being the foundation is so bad, it will hap_pily be found impossible to make the super_structure good. Measures taken of Trades, by the Gains made by the Traders, will alwayes prove Erroneous; from a due con_sideration of what sorts of Commodities are Exported, and Imported, a true Judge_ment can only being made, whether the Trade to any Country be good or bad.

As it hath been made out, that it is not probable that the Bullion Exported to India hath brought us back by the Goods transported to Foreign Markets, and that the Goods sold here do us any considerable service, by hindering the Importation of Foreign Silks and Linnens; so it is plain, that the pre_tended Gains made by that Trade on the Goods sold here is not Gains to the Nation, but gotten out of our own Peoples Pockets, by the Sales of such Goods to the Gentle_men and Landed men, or others, who are the Consumers, but not concerned in the Stock, by making them give great Rates for what they buy. The Nation by any such Sales to our own People cannot be imbursed of the Treasure sent out, in Gold or Silver, or get more then they would by taking away an Estate from A. to give to B. But if this be a good way to bring Gains to the Na_tion, to carry on Trade by Joynt-Stocks, then certainly we have been very imprudent, not to set up more Monopolies for Trade; there being several Trades, as well as Com_modities, that might be named, of which if any Persons could get a Monopoly, or the priviledge of the sole Buying and Sel_ling, would as probably make four for one, or as much as can be made by these Goods from India. Those that argue against this, have forgotten the Arguments amongst o_thers which have been alwayes given by the Advocates for this Trade, for its being carried on in a Company with a Joynt-Stock, that when the Trade was Free and Open, before Incorporated Anno 1657, that all the Traders lost by it; and it was the chief Reason given for obtaining that Charter, and what have since weighed very much for the supporting of this now in being.

When Persons that have a Trade Incor_porated sell their Goods at extravagant Rates to Foreign Countries, what may be gotten by selling them dear may in some cases be advantagious to a Nation; but ex_traordinary Gains made by any such Persons on Goods sold to our own People to be spent at Home, will appear to be Gains made by working upon the Nation, not for the Nation; to the advantage of some by the prejudice of others.

If it be said, that this Trade hath a good foundation, because Materials are plenty, and Labour cheap in India; it being agreed that these Manufactured Goods are spent both Abroad and at Home, in the room of our own. This instead of being an Argu_ment for recommending this Trade, will appear the most dangerous part of it: For unless our Wooll fall to nothing, and the Wages of those that work it up to 2d. per Day, and Raw Silk and Silk Weavers La_bour proportionable, the India Goods will occasion a stop to the Consumption of them; because those from India must otherwise be Cheapest, and all People will go to the Cheapest Markets, which will affect the Rents of Land, and bring our Working People to Poverty, and force them either to fly to Foreign parts, or to be maintained by the Parishes: And therefore how the Land_ed men are concerned in the Contest about this Trade, they may do well to consider.

By what hath been said in answer to this Proposition, it may appear that as long as we manage the East-India Trade as we have of late Years, we shall lose by it: That Gold and Silver is the on_ly or most useful Treasure of a Nation: That we have not increased in Riches since Anno 1666: That the Consump_tion of East-India Silks and Linnens at Home do us no service, by hindering the expence of any Foreign Silks or Linnens: That the India Goods Trans_ported do not bring us in near the quan_tity of Gold and Silver Exported to carry on that Trade: That the East_India Trade hath a bad foundation: And that the great Gains made by Mer_chants, or Traders that carry on that Trade, is because the Trade is confined to some few Persons, who are but as one Buyer and one Seller: And that nothing but Bullion Imported, can make amends for Bullion Exported. Which if not observed we may Trade away our Riches, but not get Riches by Trade.

The second Proposition is, That to Pro_hibit the Wearing of Indian Silks, &c. will be destructive to the Trade of England. Con_sider'd under three Heads.

I. As relates to the Woollen Manu_facture. II. As relates to the Silk and Linnen Manufactures. III. As to the effects such a Prohibition will have.

I. As relates to the Woollen Manufacture.

By what is said under this Head re_lating to the Woollen Manufacture it plainly appears, that the Author of this Treatise is of Opinion, that our Nobility, Gentry, and Landed Men, make too much of their Estates by selling their Wooll too dear; and that after many thoughts about it, had found out an effectual way to reme_dy this evil, by endeavouring to perswade them, that it is advantageous for us to send our Money to the Indies to buy Manufa_ctured Goods there, to be spent at Home, as well as Abroad, in the room of our Woollen Goods, which he endeavours to prove is their true Interest to do, as well as the Interest of England, and that therefore it is their best way to sell their Wooll very Cheap, and to get little by it, that it may be Exported: And for their Comfort tells them, that though they may thus make but little of their Wooll, yet that those that drive the India Trade at the same time may make 400l. of 100l. Pa. 28, 29, 30, 31, 32, 33.

That our Woollen Goods consumed at Home do not inrich the Nation, and that a high Price on our Woollen Manufactures may hinder the Sale of them, is agreed; but that we must therefore send our Money to India to purchase the Manufactured Goods made in those parts to be spent at Home, and Abroad, in the room of our own, in order to bring down the Price of them, by making Wooll and Labour cheap, are false Conclusions drawn from true Principles. If after we have used our best endeavours to keep up the Price of Wooll, and the Ex_pence of our Woollen Goods, it should be our misfortune to be disappointed by the increase of such Fabricks in other places, or disuse in the Expence of them, we should and ought to submit with Patience; but it would be unanswerable to be so zealous to have it done, as to give the first blow our selves by discouraging the Expence of them at Home.

The Author of this Treatise might have done well to have told us to what price he would have Wooll fall, and in what places we can Consume more Wollen Goods abroad, many Landed Men have for many Years past found Wooll already so Cheap, that cannot with_out great difficulty make their usually Rents of Sheep ground now, and the generality of Merchants will own, that have not got by Trading in Woollen Goods for these 30 Years last past 6 per C. per Annum, the in_surance of Adventures paid; and if it be considered how the Manufactures of Wooll are increased in Ireland, Holland, France, Germany, Spain and Portugal, and what a Drugg our Manufactured Goods are become beyond the Sea, and that have been Exported of late Years, rather out of Necessity to provide effects, then out of choice in hopes of Gaines; no Reason will appear for bring_ing Home, or incouraging the Expence of these Goods, if not in order totally to Ruin the Manufactury, unless we could be assured that the Falling of Wooll and Manufactures to a low Price, would first Ruin those o_ther Manufactures, and then that ours would certainly Advance in Price again; or that it could not be done by opening the East-India Trade, and making those Goods Cheap, as well as by running down our own. And we should also have been told how the Landed Men and Poor should sub_sist whilst the Experiment was making, and how in case this Project should not take, we should retrieve what we may Lose by try_ing it, and how we should regain the Ex_pence of them at Home, after the East_India Goods have gotten Possession by an uninterrupted usage: Unless these things be plainly made out, there will not appear any great Reason why we should permit the India Goods to jostle out the Expence of our own, and thereby occasion the Fal_ling of Wooll, from 8d. to 4d. per Pound; For if the Landed Men should be disap_pointed in their expectations, would then conclude that were Cullied out of their Mony by being perswaded to part with a Bird in Hand, in hopes to get another out of the Bush from an unknown Country.

What Woollens, Silks, Linnens, and other Goods of our own Make we spend at Home, are for the supply of our Necessities; and hitherto hath been thought very advantage_ous, to save the Expence of such or the like Goods from abroad, as well as to imploy our People; and that the expence of such have always proved not only most Secure for our advantage, but the Cheapest: If we should reject our own, and prefer the Consumption of those from India amongst us, we may reasonably expect that other Nations should by our Example do the same, and so by our own endeavours destroy what we ought to be industrious to pre_serve.

It might as well have been argued that the best way for a Country Gentleman, that hath all Conveniences about his House of his own, should instead of using them for himself and Family, send his Mony to Market to buy, and then send his Products a_broad in hopes of making of Mony of them, though he do not know of any Market or Buyer for them; or that we should not im_ploy our own Ships from Newcastle, or from Port to Port on our Coast; but the Dutch, who Sail Cheaper, to force our own to seek imployment abroad, in hopes might there_by bring Mony to the Nation.

But if it should be understood that not_withstanding what hath been said it is our Interest to spend these Indian Goods at Home, that we may save our Woollen Goods to have the more for Exportation; if no stop must be put to spending them, either at Home or abroad, seeing the 150000l. worth, which were brought by the last three Ships will appear to be more, then it may be pre_sumed were brought here from the Year 1600, to Anno. 1670, though then a Trade was constantly driven to India: If such great Gains be made on them, why may not the East-India Merchants be tempted to go on increasing this Trade, till bring suf_ficient quantities to supply all Markets a_broad as well as at Home. This is so far from being a groundless Supposition, if the Gains be so Great as represented, (or but 50 per C.) that according to the usual Course of Trade, we may presume that if this Trade be approved by authority may increase very fast. For what Merchants will imploy their Stock, or their care to carry on the Trade in our Manufactures, when can have no hopes of more Gains then 6 per C. If by get_ting into the East-India Trade and Dealings in those Goods, may have such great Profit as the Author hath Suggested: Therefore we should have been told what we should do with our Wooll, and our People too, if that Trade should thus increase upon us, which is more probable then that the Expence of our Woollen Manufactures will increase, if the Consumption of those Goods from India be continued.

But least these and such like Arguments given in that Treatise to perswade us that it is our interest to Consume these Goods at Home, should not be sufficient: At last the old Bugbears the Dutch, are called upon to frighten us into it, who, as upon all occasions when any contest hath happened about this Trade, are usually Summoned for that purpose; and therefore it is said Page the 33d. that if the English were forbid to bring India Goods into Europe, the Dutch would; and thereby hurt abroad the vent and Con_sumption of our English Cloath: But this needs no answer here, it being not proposed that the English shall be Prohibited from bringing these Goods into Europe; but only the Consumption of them in England; and the Consumption of our English Cloath were never understood to be much preju_diced by these Goods.

This Head cannot be concluded better then with the Authors own Words, Page the 9th. As Bread is called the Staff of Life, so the Woollen Manufactures is truly the princi_pal Nourishment of our Body Politick; which being an undoubted Truth, the Ar_guments in favour of East-India Goods, that they should be Consumed, either at Home or abroad in the room of them, are the more to be admired, because looks as contradictory as to affirm that the best way for a Man to preserve his Life, were to Cut his own Throat: And as much against pru_dence in the Carrying on of Trade, as that we should Discourage the Expence of our own Corn at Home, on a Supposition that by sending our Mony abroad, we may get Cheaper, and so force the Exportation of it; or that by Selling our own Cheap here, we may introduce the Exportation of it; or by having Woollen Goods from Ireland, to be spent here instead of our own, we may make great advantages by Exporting ours.

II. As to the Silk and Linnen Manu_factures.

Upon this Subject the Author labours to make out that Silk and Linnen are not the Genuine off-spring of this Kingdom, nor the Manufacturing of them Calculated for our Meridian: That though some of the Materials may be had from our own Soil, yet most from abroad: That our Wages are so high we can never expect any good from these Manufactures; and that therefore our People must be imployed upon our Wooll, that we may purchase Silks and Linnens from abroad, in Exchange of our Woollen Goods; and if we do not take that Course we shall Lose our Trade to Silezia, Saxony, Bohemia and Poland; and that it is the prudence of a State to see that industry and Stock be not diverted from things profitable, and turned upon Objects unprofitable.

How Silks or Linnens perfectly Manu_factur'd in India, bought with our Mony should be esteemed more the Genuine off_spring of this Kingdom, or better Calcula_ted for this Meridian, then our Silks and Linnens Manufactured at Home by our own People, is not apparent to all Mens understanding; especially being the Linnens are Fabrickt with Materials of our own growth, and the Raw Silk we generally have, is purchased by the Product of our own Manufactures, and but of a small value in proportion to the Labour bestowed in making it up, (which must be owned to be all our own) and that we cannot spend our Goods in Turky or Italy, without taking their Silk in return: Upon all which the proper Question is, whether we had best run the Adventure of Losing or discouraging such Manufactures at Home, and those Trades abroad, rather then put any stop to the Consumption of these beloved Goods from India.

As the Author hath sufficiently by such Arguments discovered his Transports of zeal for the East-India Trade; so how much prefers the welfare of the Moguls Subjects, the advancing of his Lands, and the imploying of his People before those of his own Country. Though many young Gentlemen have been prevailed with by Tradesmen, or those that serve them, to despise their own Products, and to spend in the room, what imposed upon them by such Traders; which hath too often ended in the destruction of their Estates; yet it may be said to be a bold attempt to endeavour to perswade the whole Body of the Nation, that it is their Interest to do so also; and to imploy none of their People on Silk and Linnen, be_cause all hands may be imployed on the Wollen Manufacture, that all such Goods may thereby be Sold Cheap: But if Selling Cheap be so advantageous, and the true In_terest of our Landed Men, that the Lively_hoods of so many People as live by the Silk and Linnen Manufactury, must be Sacri_ficed to effect it: Why hath he not given al_so some Arguments to have perswaded our East-India Merchants, or other Traders (who seldom think they get too much) to have given a good Example by Selling Cheap also? For without some such, though the Landed Men should sink their Price of Wooll, and the Poor Weavers should be taken off from the Silk and Linnen, that the Wooll might be Wrought up and Sold Cheap here to the Merchants, yet they may keep up the Price abroad, and Sell as dear as ever; and then this Project would occasion a Loss to the Landed Men, and disappoint_ment to these Weavers; only to give a good opportunity to those that send such Goods abroad, to Gain the more by them: And if the Author be of opinion that the Ex_pence of Manufactured Goods from the India be so advantageous, and that Selling Cheap is the way to increase Consumption; Why hath he not proposed the opening of that Trade, that it may not be any longer a Monopoly, that those Goods may also Fall in Price? For if there be 300 per C. gotten by them as he affirms, though should Fall 200 per C. yet would afford more Gains to the East-India Merchants then the Wooll or Woollen Goods to the Landed Men, or Clothiers at the present Prizes; and be the occasion of so great an increase of that Trade, that in a short time we should see no great need of taking of the Weavers from the Silk and Linnen Manufacture to be im_ployed on the Woollen: For the Goods from India would Supply the Markets in the room of them both abroad and at Home; that so there might not be any great need of many of them, especially if none must be Spent at Home, as the Author would have it.

But we are told Page 42. that some of the Materials for Linnens may be had from our own Soil, though too dear, and not enough: But the Author hath had the ill fortune to be misinformed in that also; for the Bishoprick of Durham alone, will afford as much Flax (if incouragement were given for the Manufacturing of Linnen) as to make sufficient to furnish all England; and the County of Somerset, as well as others, would be found capable to supply any de_fect; and that there are many poor People in Durham that work for 3d. per Day; and that they make a Thread so fine as to be worth 12s. per Pound; and that there is Linnen of 7s. per Ell made at Malton in Yorkshire; and that we could make sorts fit for Tabling, Sheeting and Shifting, upon which the great expence of Linnen depends, very good and sufficient for such uses, to furnish the Nation: If cannot well be af_forded so Cheap as to contest with what comes from Foreign Parts, yet should not be discouraged upon a supposition, that it is not the genuine off-spring of this Kingdom; for many Manufactures in this and several Countries, from a small beginning, have come to great Perfection, and therefore ought to have all incouragement given to it. That it is not come to more Perfection may happily, upon Examination, be found our own fault.

If the original, or chief cause or means of Riches must be from the Labour of our People, how do such Arguments, as are used in this Tract, consist with that Maxim? Our Woollen Manufactures must be reduced to near one half by not spending them at Home, Silk and Linnen Manufactures not convenient, and if Paper and Shooes, &c. had stood in the way of East-India Goods, it is probable that by the same way of argu_ing, those would have been cryed down also: And being about 40000 Fans came in the last Ships from India, with some Han_dicrafts Wares, as usual in all Ships, if they should be permitted to increase, with the Silks and Linnens from those parts, being purchased with Bullion, how shall the State imploy the People upon Profitable Objects, or prevent Poverty from growing upon us, unless could find out Mines of Gold and Silver: And therefore we should have been told, how our Industry and Stock could have been better imployed then in such Manufactures, before such advice should be given for the discouragement of Woollen, Silks and Linnen.

But upon the conclusion of this matter, the Author seems to be of Opinion that Silk and Linnen may do well in process of time, when England shall come to be more Peo_pled, and when a long Peace hath increased our Stock and Wealth; but the Author doth not tell us how the People we have shall live in the mean time, nor of any pro_bability how our Stock or Wealth shall in_crease, nor how we shall then set up again, promote or incourage such Manufactures, if we should now permit them to be de_stroyed, being our being in War is an ad_vantage to the Sale of some of those Com_modities; neither doth he tell us by what we shall get Money to carry on this East_India Trade in the mean time: For some are of Opinion, that our Trade to India hath been carried on by Money arising from the Labour of our People imployed in other Trades, and not by the Gains or Returns we make by it; neither doth he tell us how we shall get Money to purchase the Linnen and Silk he would have us take from A_broad, nor what incouragement will be left for the increasing of People if these Manu_factures be destroyed.

Page 28. and 34. having well argued how it is our Interest to imploy the People we now have, and that we want more; it looks like a Contradiction to argue, that we should not imploy any in fabricking Silk or Linnen, nor on Woollen Goods to be spent at Home. All to the Plow and Cart may be too many; and such as have been bred in Inland Countries have not a Genious, Spirit, or Inclination to the Fishing Trades.

If the Author of this Tract had gone as often to Spittle-Fields or Canterbury, as it may be presumed he hath to the India-House, and had informed himself what vast num_bers of both Sexes, and of all Sizes, are imployed in that Manufactury, and had their sole dependance thereon, would pro_bably have received such impressions as to have induced him to have forborn giving the Opinions he hath about that Manufa_cture, and have been convinced, that our English Weavers, even in that Manufacture, have shewed themselves able to contest with the French, Dutch and Italian, both as to Price and Goodness, notwithstanding the great Misfortune we lye under, of having so many of our Gentry fond of no Silks but what come from Abroad. That this Ma_nufacture hath increased very much in this last Age, notwithstanding these difficulties, is an undeniable Proof against what is asserted, that this Manufactury cannot thrive in England. Men being so apt to mind their particular Interest in matters of Trade, that it is to believe a great Contradiction, that it should so much increase if it could have been out-done by the French, Dutch or Ita_lian Silks, so as to have prevented the Ma_kers or Master Weavers from making Profit by them; and how they have improved, to make them as good (if not better) than any made beyond Sea, may be evident to any person that will make an inquiry, exa_mine or compare them, with what come from Abroad.

III. As to the Effect such a Prohibition would have upon the East-India Trade in General.

Upon this Head it is argued, that it will endanger the loss of half that Trade. If he mean that part of the Trade which is carried on by the Importation of Manufa_ctured Goods, Handicraft Wares, China, Lacquer'd Ware and Toyes; and would have it understood, that a stop to the going out of our Money to purchase these Com_modities, would occasion any Loss to Eng_land, would have done well, First, to have made out that ever we gained by those Commodities; otherwayes there be many that would not be much troubled to have that part of the Trade lost; it being sup_posed that the Salt-Petre, Druggs, Spices, and Course Callicoes, are all the Commo_dities we ever had from thence, that were necessary for us; and there can be no great danger the Mogul will deny us those, tho' we should leave him these for his own use; because till about the Year 1670, we did not usually take any others from him: And it may be difficult to find out any way to make that Trade Profitable, but by confi_ning our selves to those Commodities, that we may send out little Money, and by Tra_ding from Port to Port, and making Gains there in Trafficking with the Indians.

His Arguments against any such Prohi_bition, because no such Law would be ob_served, may be made against any new Law, and supposeth a strange Weakness in our Legislative Power; and that being one half of the Goods from India are spent at Home, there will be no incouragement for the Mer_chants to ingage in this Trade to India. If must singly depend on the Markets Abroad, is contrary to what hath been practised; for there was an East-India Trade long be_fore we ingaged in these Manufactured Goods, and against his own Opinion in re_ference to our own Goods; having a little before argued that our Woollen Manufa_ctures should all be sent Abroad; which may be as great a discouragement to Mer_chants, Clothiers or Weavers, to ingage in those, as for the India Merchants in these: And if it be agreed (as it is) that either our Woollen Goods, or those Silks, must travel, Why should we not rather put that difficul_ty upon these Goods, than upon our own? But at last would not have the present time good for such an Alteration, nor have it done rashly, nor without contemplating the Universal Trade of the Nation, whereas this Matter hath been already under Consi_deration Fifteen Years, and without much time in Contemplation, we might be satis_fied that our Coyn growes scarce, and that this Trade hath for several Years carried out near as much Bullion as we have Imported from all parts of the World.

But least all this should not prevail to have this Trade continued, the Dutch, as usual, are again mustered up; though upon a due Consideration of their Trade to India, and how it is carried on, no well grounded Argument can be brought for the continu_ance of this branch of that Trade from any thing relating to that Nation.

The Dutch having had sole possession of the Island of Ceylon, the chief Islands in India for Cloves, Cinnamon and Nutmegs, for about Forty Years, and got the Com_mand of Bantam, where Pepper is Plenty, and of other places where Spices are to be had: By that Commodity, and by Trading with their Ships, Spices and Goods, in those parts, and bringing Home what thus got, for the European Markets, no doubt have made it an Advantageous Trade to them; but they never sent out any considerable parcel of Gold or Silver for India, till after we had ingaged in bringing Home these Silks and Fine Linnens; then the East-India Company in Holland, to make Gains for themselves, though with the danger of de_stroying the Manufactures of their own Country, by our Example, ingaged also in these; but still carry on the Trade in them with a great advantage to us; for though have brought many of these Goods, yet never sent out one seventh part so much Bullion as we, and have alwayes used their utmost endeavours to discourage the Ex_pence of these Goods in their own Territo_ries, and yet they are complain'd off there, as much as here, and stops and restraints are often put upon the bringing of them from India: But if there must not be a to_tal Stop or Prohibition till both these East_India Companies Consent to it, we may expect it, but in vain, till Temptations ari_sing from Private Interest (however oppo_site to the Publick) be extirpated. The Dutch East-India Company will alwayes argue for the Continuance of this Trade, because the English bring them; and the English East-India Company for bringing of them, because the Dutch do: But the Dutch having them upon much better terms than we, may probably hold out longest. But the Trade being carried on there by a Mo_nopoly, as well as here, and great Men concerned, no Judgment can be made by the Gains that Trade affords to the Com_panies, whether the Trade be good or bad. As for Spices, Druggs and Saltpetre, the way to have more of them, is to confine the Trade to such Commodities; these o_thers not being made, by the Indians, till the Factors bespeak them. Till some such Limitation be made, these affording most Profit will be preferred, and we were not debar'd the having those when we did not ingage in this Trade of Manufactured Goods, and little Reason to fear we shall be now.

This Head is concluded with an Accompt of Pepper, which with the other Accompts in this Tract, do not agree with other Mens Opinions, about the Gains made by this Trade; for if the General Adventurers in the East-India Stock in Holland, compu_ting from the Original of that Stock to this Day, have not made 5 per Cent. by their Money put in, as all Persons do agree that have any Knowledge thereof, if this vast Gains be made by this Trade, who runs away with it? The like Question may be properly put, as to this Trade here; If 100l. imployed in this Trade have produ_ced usually 400l., as so often asserted in this Treatise, it must be thought strange, that the Adventurers that underwrit this Stock Anno 1657, if had continued their Shares to this Day would not have receiv_ed much above 10 per Cent. per Annum, notwithstanding the great Advantages made for several Years, by confining their Stock (for making large Dividends) to 375000l. and Trading with other Peoples Money, taken up at 4 per Cent. Unless this My_stery by explained, both as to Holland and here, there will remain a Doubt, That if there be any such Gains, that it is swallow'd up by some particular Persons, under pre_tence of a Publick Good, to carry on a Pri_vate Interest; and that both Nations will in time find, that they have but dreamt of making such Vast Gains by this Trade, in these Goods; and that the Gains made in both Countries by Stock Jobbing, and other indirect or private wayes, by such as have got into the Management, is the true Rea_son why there hath been so much strugling about this Trade more than about others, that upon a true Calculation would be found more Beneficial.

The Author of this Tract having owned Page 12. as to the Trade to the East-Indies in General that it is naught, and that if all Europe would agree to have no further Deal_ings to those Parts, would certainly save a great Expence of Treasure, because Europe drawes nothing from thence of solid use, only perishable Commodities, and Mate_rials to supply Luxury, in return of Gold and Silver, which is there buried and never returns; but would have the Burthen to fall upon the Collective Body of Europe. It is concluded, that nothing could be more fatal than this Assertion, to all the Argu_ments in this Discourse, to render this Na_tion, in a manner, undone, if the Impor_tation of Indian and Persian Silk be Prohi_bited; upon which (it is said) the preser_vation of above half of that Trade depends, and half our Foreign Business. Page 22.

It is well known that England and Hol_land drive the greatest Trades of all European Nations, and that doth depend much upon the Consumption of their own Manu_factures: If these Indian Silks be Con_sumed, as is owned Page the 31st in the room of our Stuffs, Anthorines, &c. and the Linnens, as well as the Silks (as com_plained of in Holland) in the room of the Silks and Linnens Manufactured there, and we spend half at home of what is brought from thence, and all purchased with our Gold and Silver; why may not England and Holland be taken in amongst the Collective Body of Europe, upon whom this Loss doth Fall, and be found to bear the greatest Share by the Loss that these Manufactured Goods occasions, whatever Gains do or might make by the other Branches of that Trade? For other Nations that Consume such Goods, because have none of their own Fabrick, cannot be at any Loss in so doing; do but Lay out their Mony in these Goods, instead of Laying it out in the Woollens made by us, or Linnens made by the Dutch: All Na_tions not being so extravagant, as to spend so much the more because these Goods are brought them. Therefore as may truly con_clude with the Author, that this Trade is Naught for Europe in general, so very par_ticularly for this Nation, which indeed suf_fers most by it, because we altered the Management of it since the Year 1670. Of which some hints are given before, and might be made apparent; but omitted for this time, least it should be thought strange that the Author should not be in the Right, neither when Argues against this Trade, nor for it.

But to conclude with some Observations upon what mentions of Cardinal Richlieu, Page the 6th. that had left behind him an Evidence how much had made Matters of Trade his care and Study; and that thereby had laid the only Foundation of a Solid and lasting greatness: If he had also taken Notice of the Edicts, Tariffs and Orders made since, and of the Politicks practised in France re_ferring to Trade, particularly of the Edict made the 26th. of October, 1686. for Burn_ing and Destroying China Silks, Stuffs, &c. and other Goods from India, would have found that they have proceeded quite con_trary, to what proposed in this Treatise, and that have found their end by it; For by in_couraging the Consumption of their own Manufactures both at Home and abroad, and their Fishing Trades have increased their Riches, Seamen and Navigation, to such a degree in 40 Years time, as hath enabled them to maintain a long War with most of the Princes of Europe, without much help from the East-India Trade; and that therefore we may conclude a Nation may Thrive by Trade, without that to the East; and that they have been as much in the Right in the managing of their Trade, as we have been in the Wrong in the Management of ours.

By what hath been said, it may appear that the Manufactured Goods from India, Spent and Consumed in England, cannot by any way be Instrumental to prevent the going out of our Coin, nor to the bringing in of Gold and Silver to make amends for what Ex_ported to Carry on that Trade: And that unless it can be made out by very good Proof or Demonstration that by the return of India Goods we Transport to Foreign Countries, we bring Home in Gold and Silver more then we Ex_port, for the Carrying on of that Trade, that we ought to conclude that our Treasure hath been Exhaust_ed by that Trade; and that it hath been mischievous to us in the highest degree, by hindring our Woollen Manufactures as well as the improve_ment of those for Silk and Linnen: All which is submitted to better Judg_ments.

Amongst the scattered Notions laid down in that Treatise referring to Trade, the Author Observes, Page 11.

That in our great Assemblies it hath never been sufficiently thought a matter of State, but manag'd rather as a conveniency, or ac_cidental Ornament, then the chief strength and support of the Kingdom.

That as it hath never been greatly the care of our Ministers of State; so it hath not been enough the Study of Nobility and Gentry, who (give me leave to say) for want of a right Knowledge in the general Notions of it, have been frequently imposed upon by particular Merchants, and other interested Persons to Enact Laws, so much to the prejudice of Trade in General.

And Page the 25th. That Trade is in its Nature free, finds its own Channel, and best directs its own Course; and all Laws to give it Rules and directions, and to Limit and Cir_cumscribe it, may serve the particular ends of private Men, but are seldom advantageous to the Publick.

That Governments in Relation to it, are to take a Providential care of the whole; but generally to let Second Causes work their own way; and Considering all the Links and Chains by which they hang together, peradventure it may be affirmed that in the main all Trafficks whatsoever, are Beneficial to a Country.

That few Laws in a State are an indication of Wisdom in a People; but it may be truly said that few Laws Relating to Trade are the Mark of a Nation that Thrives by Traffick.

What is said, Page the 11th. cannot easily be reconciled with what is said, Page the 25th. For if Trade must be Free without being Limited or restrained by any Laws, what need is there, that our Nobility and Gentry, who make our great Assembly, should apply themselves to Study a right Knowledge of it? For according to this Opinion, no Laws Relating to Trade should be Enacted, because are seldom Advanta_geous to the Publick; And that all Trade whatsoever is Beneficial; and yet the Au_thor is of Opinion, Page the 11th. that no Wisdom can give the Publick effectual help till we can mend the Condition and Posture of Trade.

But taking it for Granted that what is said, Page the 11th. is but a Complement to our Nobility and Gentry, and to save their time, that may not spend it about what is unnecessary: and that what is said, Page 25. That Trade ought to be Free, is the Authors Opinion, because best agrees with the whole design of the Book: It being so Material a Point, that all Laws already made and all Proposals for any Future Regulati_ons depend upon the decision thereof; should not be resolved without a due Ex_amination of such Arguments and Consi_derations as may be proper to lay Open the State of the Case: To which it is hoped, being the ingenious Author tells us, hath applyed his Thoughts and Study to mat_ters of Trade, he will afford his assistance.

If Trade must be left to take its own Course, find out its own Channel, and not be under any Restrictions or Limitations by Laws, on a Supposition that all Trades Naturally afford Profit and Advantage to a Nation; then the Act of Navigation and all other Laws Relating to Trade should be repealed, and all Considerations for making any more for Future laid aside.

Though the Author seems to incline to this Opinion, and it be known that many others agree with him in it, yet upon Exa_mination it may appear a vulgar and dan_gerous Error.

For the first Foundation that should be laid for the preserving or increasing of Trade, is to have a Stock, which Stock should be in Mony; then to use all endeavours to preserve and in_crease it by Frugality in the Consumption of Foreign Commodities and Labour and industry, for the increasing and promoting the Consumption of our own.

So long as the Nation keeps to Frugality and industry Laws may not be absolutely Necessary to Limit the Consumption of any Foreign Commodities, nor to increase or promote our own Manufactures: But if there be an appearance, that a Nation is running into a luxurious Prodigal Expence of Foreign Commodities, and to a neglect in Manufacturing and promoting their own, and to idleness, and spending of time in what is not profitable for the Nation, the usual Consequences of Luxury, (which we fear is our Case at present) then Laws will be necessary to put a stop to it, that the Trea_sure of the Nation may not be Consumed thereby: For by the Course of Trade no stop can happen to any such Consumptions nor Idleness, till want of Money occasion it. To omit making such Laws upon any such occasion, would be to permit, that which is of the greatest importance to run the last extremity, rather then agree that it should be prevented by prudential Laws made by the State, or any endeavours used for that purpose.

As it hath been Suggested that Gold and Silver is the only, or at least most useful and best deserving to be called the Treasure of a Nation, and so necessary for the Carrying on of Commerce, that when ever plenty of that fails, we may expect that Trade will in a great measure fail also; so it may be affirmed that Bartering of Commodities can_not supply the want thereof, because can_not make any quick Progress; neither can it be supplied by Credit, because Credit must have its Original and existence from an expectation or assurance of Money.

All Traders have Reason to make it their business to get Money by their Trades, by sending out and bringing Home such Commodities as are most vendible, and yield them most Profit: But whether send out Goods or Bullion, or whether what bring back be necessary for the supply of our Necessities, or useful for a further Manufacture, or be spent in Prodigality, Luxury, or Debauche_ry, or to the hindrance of our Manu_facture (so long as they get by it) they do not generally take it to be their Province to mind: But for the good of the whole, it may be presumed the State ought to mind it so far, as may be convenient to prevent the Exportation of our Treasure; if not, the Stock of Gold and Silver, which is abso_lutely necessary to Carry on Trade, as well as for our Defence, will be Consumed; by which the Traders themselves as well as the generality will in time be involved in Misery.

Though Riches cannot be gotten, but from Foreigners, by having our Ships im_ployed by them, or dealings with them, or by our Exporting and selling to them, to a greater value, than we purchase and take from them, that the overplus may be brought home in Bullion; yet no Trades carried on by the Exportation of own Products, and Manufactures, or those from our Plantati_ons, though what brought back in return, be all perishable Commodities, can diminish our Riches, for all such Goods of ours (un_less some Objection be made as to Tin and Lead) would have perisht by time, if had been kept here; but a great distinction ought to be made, between Trades carried on by the Exportation of our Products, and Trades carried on by the Exportation of our Bullion, to purchase perishable Commodities, because in such case we Exchange what is durable, and most useful, for what cannot long do us any Service.

Supposing Three Millions of Coyn be at present the Stock of the Nation Circulating for the carrying on of Trade, as long as it is laid out in our own Products, and Manu_factures, and such are Exported, though whatever be brought in return of them perish in a short time, yet our Stock will be good, and so long Trade will be carried on: But if instead of carrying on Trade by the Exportation of our Goods, we should send out, a Million in Coyn or Bullion to the India, to purchase Silks, another Million to France to purchase Wines and Brandies, and another Million to purchase Fruit or Toyes, and all be spent at home, we may soon find the Treasure of the Nation consumed, our stock of Gold and Silver which we had for the carrying on of Trade, in the hands of Foreigners, and the Goods we had in return, in the Draynes, or on the Dunghil.

If this be obvious represented thus in gross, then lesser parcels of Money sent out to purchase such Goods (by the Rule of Proportion) must have the same Effect in some Degree; by all which it may appear that what is asserted, Page the 25, That all Traffick is beneficial to a Country, cannot be true, as to some Trades; that some Traders for their private Gains may be tempted to carry on, who may get by Trade, and yet the Nation may lose at the same time by such Trades.

And therefore if no Laws must be made to promote the Making or Consumption of our own Goods, nor to hinder the Importation or Consumption of any from abroad, it must inevitably follow, that when ever a Nation falls into Luxury, and the People to Idle_ness, or to spend their Time in Imployments unprofitable to a Nation, such a Nation must be reduced to beggery by Trade, without any hopes or prospect that it can be prevent_ed, till their Treasure be Exhausted, and no Money left to carry on such Trades, unless the Government interfere to hinder the Consumption of such Commodities, as upon an exact inquiry may be found, do carry out our Coyn, either by Prohibitions, or rather by Example, or high Impositions laid upon the Vending and Consuming of them at home; which happily may be found most inoffensive, as to Foreign States, and not difficult to be contrived, and made effectual, and not prove any great hindrance to Trade, or to many Trading Men, if will have re_spect to their Posterities, and Common Good, as well as to their present Gain. For as the Consumption of some Commodities may be hinder'd thereby so will make room for their Trading in others; and prove but a taking them off from Vending Goods unprofitable to the Nation, to Trade in Goods that may be more convenient.

It is agreed that the best way to incourage Trade, and make it advantageous to a Na_tion and useful to afford a livelihood to the vast Number of People that have their Sole dependance thereon, is in general to al_low all the liberty imaginable; but as most general Rules may be liable to some excep_tions, so this especially to these two: First, that no Trade ought to be incouraged that is carried on by the Exportation of our Bul_lion, unless to purchase what we absolutely want for our Defence, or Support of Life, and we cannot possibly have on better Tearms, or where we may have an un_doubted indisputable assurance that the Goods purchased with it will bring in more Bullion, in Bullion, by the Sales of such Goods abroad, than was carried out. Se_condly, that no Wooll be carried out raw and unwrought. Other Laws may be found necessary to prevent abuses in the Manufactu_ring of Goods, keeping the People to Work, and for the incouraging and increasing of Trade, which should be applied as Occasi_ons and Exigencies may require, but none appear necessary (upon these sudden thoughts) contrary to the Freedom insisted on, but what may be Comprehended under these two Exceptions here mentioned.

Where it appears plain that a Trade is carried on by the Exportation of our Coin and Exhausting of our Treasure, no Argu_ments can be given that it must not be pre_vented, because may hinder the Gains or Imployments of some Persons, that can have much more weight in that particular, than what might have been offer'd against the wicked Trade of Clipping, for though the Livelihoods many got by that Trade, were justly more obnoxious to the Law, be_cause was a secret Robbery, and upon many accounts indanger'd the Peace and Tranquil_ity and welfare of the Nation; yet being what was so wickedly got, doth not appear to be sent out (unless to be exchanged from Silver to Gold,) the Nation did not lose so much Treasure by it, as hath and will, by Trades carried on by the Exportation of our Coyn, as long as permitted.

Whether Trade left at full Liberty to be carried on, by the Exportation of our Pro_ducts and Manufactures may produce Trea_sure, will much depend upon good Sales to our Commodities abroad, and good Hus_bandry in the Consumption of Foreign Commodities at home, but the having of many sorts of Manufactures of our own is not onely the best way to have Variety to send abroad, but to prevent our being in want of such Commodities, that there may be no Temptation for their being Imported; but no Trade more likely to bring us in a good proportion of Bullion, then our Fish_ing Trades; not only because it is procur_ed by our Labour, without any great Cost by Foreign Materials, but being a Commo_dity necessary abroad for the support of Life, seldom fails of Markets, and ready Money, which is often brought home in Specie from many places, and is also a Commodity not likely ever to go out of Request; for which, and because those Trades are also a Nursery for Seamen, it may be found our true Inte_rest to favour those Trades with the best Protection, and Incouragement. And thus the Authors Maxime, Page the 38, That it is the Prudence of a State to see that Industry and Stock be not diverted from things profita_ble to the whole, and where a Nation is a certain known gainer, to be turn'd upon Objects unprofitable, or new Inventions, in which it cannot be determined in many years whether we get or lose, or how the Ballance stands; may be put in practice with all the certain_ty imaginable, as well as by the Fishing Trades as by the Woollen Silk and Linnen Manufacture, and happily upon Examination will be found more Politick, then as the Author would have it applied, in favour of the East-India Trade.

But it being supposed that the Dutch will be here again brought upon the Stage, and the Liberty they give in matters of Trade, and for the Exportation of Money, object_ed against what is here argued; to make one answer for all, which is supposed may be satisfactory, not only against all Argu_ments that can be derived from the Practices of the Dutch, for an unlimited Freedom in Trade, but as to what hath been argued or may relate to the East-India Trade also; Let it be agreed that we shall live in Eng_land as Parsimonious as they do in Holland, and be as Industrious in our Fishing, and some other Trades (that might be named) as they are, and that we shall not send out more Bullion to the India for the carrying on of that Trade, then they do, or that we shall have great Impositions upon such Fo_reign Commodities as may be found to be the occasion of the Exhausting of our Trea_sure or pernicious to our own Manufactures, to secure us from such inconveniences as are feared from such Liberty; then all disputes shall cease, as to all Prohibitions relating to Trade: But if we must not be lead, nor take Example from them in Parsimony, and In_dustry, we ought not to be lead by them in making of Laws relating to the Exportation of our Coin, or Prohibitions of Goods; be_cause whether such Laws be good and ne_cessary, or not, depends wholly upon the Genius and Inclination of the People. If Par_simonious and Industrious, then no need of such Laws; but if Luxurious and Idle, must be Ruin'd without them; and this is well known to those States where such Liberty is granted which makes them very observant of their old Customs and Fashions, and very diligent and careful to keep their People to Work, as may be instanced in Holland.

Though it may be as difficult to give a true account of the Turnings, Windings, Circulations, Steps, Degrees and Progress of Trade, and Drawing and Redrawing by Exchange, as to give a certain account of all the Veins, Arteries, Fibres, Circulation of the Bloud, Causes of Diseases and Mo_tions in a Body Natural, yet there are some plain Cases relating to both, which may be agreed without penetrating into the pre_tended Misteries of either.

That we should send out to India about 600000l. per Annum in Bullion, though it hath been never yet made out that those Goods bring us back again in Bullion, the value of 200000l. and much of it, to be there laid out, to purchase Manufactured Goods to be spent in the room of our own, or that we should send out Bullion to any place to buy Goods to be spent in Luxury, or in the room of such as we can make by our own people, or that we should Export our Wooll Raw, to be Manufactured abroad, when the Advantage by Manufacturing it at home would be near seven parts in Ten ad_vantage, however may agree with some Mens Interest, cannot well be for the Inte_rest of the Nation, nor the best way to gain or retain Riches; for no Gains made by par_ticular Men, can make a recompence for the loss the Nation will receive by having their Stock of Money Consumed, and the Poor beaten out of their Imployment.

Sufficient Care being taken by Prohibiting or Discouraging the Consumption of such Goods as occasion the carrying out of our Coyn, or Bullion, and for encouraging the working of our Wooll at home, no Liberty should be thought too much to be given, for the carrying on of Trades by a permu_tation of Commodities, not only by a free Exportation and Importation, but without being Subject to the Payment of great Du_ties because will be found the best way to in_crease Trade, and make it beneficial, for though it may be difficult to give a particu_lar account how, or what gains, may arise to a Nation, or particular Men, by every distinct Trade, yet so long as carried on by the Exportation of our Products, or what other Goods we may have, there can be no danger of losing, for the particular Traders will take care not to carry on Trades by which they do not get, and such Gains made by the Collective body of Traders, may properly be said to be the Gains of the Nation, and Trade thus carried on may be left to take its own Course, and find its own Channel, and to work by Second Causes its own Way.

But the Author having Asserted, Page 11, That it will be found at last, when all things come to be rightly understood, that no Plenty at Home, Victory Abroad, Affection of the Peo_ple, Conduct or Wisdom in other things, can give the Publick effectual help, till we mend the Condition or Posture of Trade. It is hoped that as he hath obliged the Publick, with his Excellent Book of Wayes and Means, so if do not agree with such Notions as these, that he will communicate his Thoughts how the Condition and Posture of Trade can be mended, by pursuing any others, and how or which way a Nation can get by Trade; as long as by a Prodigal Consump_tion of Foreign Commodities and neglect_ing and discouraging of our own, we take in more than we send out, and then Export our Gold and Silver to pay the Ballance, which will be found to be our Case, what_ever specious pretences may be made by those that make Profit by sending out our Gold and Silver to hide the true reason from the Nobility and Gentry, whose Application of Thoughts upon these Subjects, would no doubt be of great Use, not only to the Publick, but, to their particular Interests.

&horbar FINIS.

|CEC |Y1705 REMARKS UPON THE Bank of England, With Regard more Especially to our Trade and Government. Occasion'd by the present DISCOURSE Concerning The Intended Prolongationof the BANK. Humbly Address'd to the Honourable House of Commons. &horbar By a Merchant of London, and a true Lover of our Constitution. &horbar LONDON, Printed for A. Baldwin, in Warwick_Lane, 1705.

&horbar &horbar TO THE READER.

WHen our Money'd Men first sollicited an Esta_blishment of the Bank by Act of Parliament, the Argument made use of for this Design was not only a present Loan, but a great show of future Service; which we may suppose from the migh_ty Powers and Privileges the Par_liament gave them, beyond those of any Corporation, or Society, I believe, that ever was Erected in England.

The great Engines we had then to move [our Trade and our War] under a great scarcity of Money to keep them a going, put the Parliament upon uniting, as far as it cou'd be done, our little dispers'd Streams in the Channel of the Bank of England: And it prov'd accordingly, the Bank was useful, if not to Trade, yet apparently to the Govern_ment in several prompt Loans.

But it seems the first Discourse of Usefulness is now improv'd in_to a strong Argument of Necessity, insomuch, that this Bank is valu'd by some as the main Support of our Government; and is indeed too great to be disoblig'd, espe_cially in so small a Request as a Prolongation.

It is observable, that there are some Things which are Cordials to a Man's Body, but when they, by being us'd too freely, become necessary, they soon become fatal too: And I thought it worth my Enquiring (for private Satisfacti_on at least) whether this suppos'd Necessity of the present Bank might not portend something Ill to our Body Politick.

But it was some satisfaction to me to find the Necessity only sup_pos'd, not prov'd; especially when I found its being mortal to our Constitution, a Point that was capable of being but too well prov'd. I have said some_thing to remove this Necessity here, and no doubt much more will be said, when Ways and Means are en_ter'd upon; but that a Prolonga_tion will make the Bank become necessary indeed, I think I have prov'd beyond Dispute. And that is the Reason why I cou'd never give my Consent to a Pro_longation, had I the Honour to hear the Debate.

Or if I found the Bargain must be struck, I should be for selling our C------n, as our Soldiers do their Lives, as dear as I cou'd: I shou'd strictly reject the profer of a Million, as too small a Share by much, wherewith to purchase the Whole. And I shou'd not much question to find the Bidder wise enough to comply; but I shou'd be very Humble afterwards, and know my Master.

For it must ever appear to me a dangerous Solecism in Politicks, that the Constitution shou'd de_pend upon any thing in this World besides it self; or, that the Thing which is the support of every pri_vate Man's Property, shou'd sub_sist by any private Support. And therefore, I hope the great Law of Self-preservation, will never in_cline our Government to lean with so great a Stress upon that precarious Support, which, when withdrawn, It must fall to the Ground.

These I judg'd to be Truths of too great Importance to be conceal'd by me, especially when I saw none else appearing to re_veal them; and that's my Apology for Publication.

And if I have made good my Point, I shall not fear, but that this little Tract will find Pa_trons, and our excellent Consti_tution Patriots.

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THE CONTENTS. INtroduction. Chap. I. A brief Account of the Establishment Constitution, Privi_leges, and Restrictions of the pre_sent Bank of England, and of the Profits arising to the Members thereof. Ch. II. The Case stated, and an En_quiry made into the Consequences of prolonging the Bank. First with Regard to our Trade, and all o_ther Merchants and Traders. Ch. III. The Consequences of prolong_ing the Bank of England, with Regard to our Government and Constitution. Ch. IV. The Pleas and Pretences on the side of the Bank examin'd. The Conclusion.

&horbar &horbar THE Introduction.

The Influence of the Bank considerable. NOtwithstanding that the Bank of England is a Subject that has had no small Share in the late Politicks of the Town, yet there are several a_mongst us who seem to look no farther than the Counting Tables in Grocer's Hall, and so judge of the Bank as they do of a Banker's Shop, to be of no other Use or Influence but to receive and pay Money.

There are others, and among our deeper sighted Politicians, who plainly perceive an Influence, but want Light to trace it out; and consequently must in great measure talk in the Dark, when they engage in this Subject.

As to the first sort, they may have their Error corrected by almost every Discourse that happens between the People of differing Opinions, with re_gard to the Bank: One crys if this Bank is prolong'd, it will ingross our Trade, and ruin our Constitution: At the same time another is pleading so much Merit on the side of the Bank, that 16 per Cent. or more Annually, has not been a sutable Reward for their Servi_ces to the Government; nor can any thing be, but a farther Establishment. Now this methinks, ought to convince a Stander-by (what both Parties are agreed in) that there's something con_siderable in the Matter.

Requires a due Repre_sentation. It is therefore for the Use of those who want Light into the Recesses of this Subject, that the Paper before them was written; and it will not, its hop'd, be accounted Presumption, to say that several of those Gentlemen, who are Strangers to the Nature of Banks, and to the Condition of the Bank of England, may be deservedly plac'd within the Walls of the House of Commons, altho' their Education and Studies have not led their Thoughts much this way.

The Au_thors De_sign in Re_presenting it. Whereof it will be requisite to pro_ceed in this Argument with Perspicuity and Plainness; and not only to state the Case intelligibly, but impartially too; to write without the Aim at any Talent, either at Satyr or Harangue, but to endeavour all along to lay open what I take to be an important Truth to us all at this time, and to support it by proper Evidence.

For this Reason, and least the Gen_tlemen of the Bank should think them_selves too freely dealt with, I profess not to deal with their Persons, nor to lay any thing expresly to their Charge; no nor to deny them the Praise of having serv'd the Govern_ment well. In short, I can afford to al_low them all the Vertue and good Prin_ciples imaginable, if I may but take leave to consider them, and their Suc_cessors especially, as Men liable to Temptations, while they partake, in common with us, of Nature as well as Grace.

And intending to observe this Cau_tion, I must request the Reader, as he goes along with me, to observe it too, that it is not the Persons but the Thing that I am concerned with; and conse_quently what I write, being derived from the Influence of no Party of Men whatever, I may expect a favourable hearing from all equal Judges.

Seasonableness thereof And I am of Opinion, an indifferent Person may presume to be heard, if he has considered the Case, and has any thing worth hearing, at this Juncture, when every one expects the Cause will be brought upon the Stage by the Bank it self, which will plead with you (and with no small Assurance of Success) for the prolongation of Time, almost six Years before the Old Term can expire; tho' it may last much longer, if a Prin_cipal of 1,200,000l. be not then pay'd them by the Government.

&horbar &horbar

REMARKS UPON THE Bank of England, WITH Regard more Especially to our Trade and Government. &horbar CHAP. I. A brief account of the Establish_ment, the Constitution, Privi_leges, and Restrictions of the Present Bank of England, and of the Profits arising to the Members thereof.

THE Bank was Establish'd by a Loan to the Government of the foresaid 1,200,000l. paid in at several times by Subscriptions equal to that Summ.

The Esta_blishment of the Bank by the first Act An. 1693. The Act for it's Establishment pass'd in the Year 1693, Guil. & Mar. 5� which laid an Additional Duty upon Tunnage, Excise, &c. Which Duty, according to the Calculation then made, wou'd bring into the Exche_quer 140,000l. per An. of which 100,000 was secur'd to the Bank, as In_terest for the said 1,200,000l. amount_ing to 8 per Cent. and 4000l. per An. more; which was suppos'd to be thrown in to pay Sallaries, &c.

Upon this Fund of Principal and In_terest: They were Incorporated un_der the Title of the Governour and Company of the Bank of England, with a Power to make by Laws, and do all other Acts as a Company, legally Constituted and Incorporated.

Pursuant to this Act of Parliament, they had a Charter inabling them to meet and choose a Governour, a De_puty Governour, and 24 Directors, 13 of which (the Governour or De_puty Governour being always one,) made a Court; in which was lodg'd the whole Power of Transacting all things relating to the Society, except_ing only, when a General Court of all the Members was call'd; which was to be four times a Year, and oftner if demanded by any nine Mem_bers, who were possess'd of at least 500l. in Capital Stock.

The choice of these Officers, and the appointing their Sallaries was made by the Majority of all the Members, possess'd of at least 500l. Capital Stock; and was to be made anew every Year: The Governour, De_puty Governour and 16 of the 24 Di_rectors, having a Capacity of being chosen again.

The Governour was to be qualified with the actual Possession of 4000l. Capital Stock, The Deputy with 3000l. and each Director with 2000l.

Ingraftment upon the B. by a Second Act An. 1696. Thus they stood Constituted till the Year 1696, when the Exchequer Tallies had very much lost their Cre_dit, partly by Reason the Funds upon which they were struck, prov'd defi_cient, and their Payment of Course was remote; but chiefly by the Frauds and Artifices of Stock-Jobbers &c. so that they passed at very great Discount, to the great Prejudice of the Publick Credit.

For Remedy of which, and to re_store their Credit to the Tallies, the Ingrafting Act as it is call'd, then pass'd, by which all Persons possess'd of Tallies, might make a new Subscript_ion to the Capital Stock of the Bank of England; and become Members thereof, by a new Incorporation; the Bank being oblig'd to receive the said Subscriptions 4 5th's in Tallies, at par. and the remaining 5th Part in Bank Notes.

By this means the Capital Stock of the Bank was inlarg'd; and the Go_vernment oblig'd to pay them 8 per Cent. for all their Subscribed Tallies, making it up where they did not carry so much Interest before, and also to al_low them 8 per Cent. for as many more Tallies (which they were then possess'd of) as amounted to the Summ, which was Subscrib'd by the new Members in Bank Notes; so that the whole of this new Inlargement might be e_steem'd at 8 per Cent. from the Govern_ment; until the Funds should come in, which wou'd pay off those Tallies in Course; and the Bank was according_ly to make a dividend of Principal to the Members, as those Tallies were paid off from Time to Time.

And thus they stand Constituted now: The Tallies being (as I'm told) pay'd off by the Government within 10 per Cent. of what was Subscrib'd; so that their Capital Stock in the Hands of the Government, is now but little more than the 1,200,000l. first Sub_scribed; tho' the Number of their Members, is encreased by the se_cond Subscription.

Privileges to the B. by the first Act. Besides the 8 per Cent. Interest there were several Advantages and Privileges given to this Society, some by the first, and others added by the second Establishment. Their Privileges by the first were,

First, A Power to extend their Cre_dit, and borrow Money of such as wou'd Voluntarily lend them; the 1,200,000l. in the Hands of the Go_vernment, so far as it wou'd pay, be_ing the security to the lender. Secondly, For the better and more convenient circulation of their Credit, their Notes, under their Common Seal, were made Legally transferra_ble by Indorsement to all Voluntary Acceptors. Thirdly, They were impower'd to Purchase Lands, (Crown Lands ex_cepted) and to receive Goods, &c. upon lending their Credit or Money, and to buy Bullion, Gold, or Silver; and also to sell such Lands, and the Produce thereof, and all such forfeited Goods and Bullion, Gold, and Silver. Fourthly, They had also the Privi_lege to deal in Bills of Exchange; either to give or receive them for Money, or other Bills, &c. Fifthly, That their Capital Stock should not be chargeable with any Rate, Tax, or Duty whatever. Sixthly, And for their Encourage_ment to act as a Body, it was not Law_ful for the Government to pay them their 1,200,000l. Principal, but upon a Years Notice; and that not to be given until after the first of Aug. 1705. by which they had an Establishment of 13 Years. Seventhly, And it may be reckon'd amongst their Privileges, that any Member of Parliament might be also a Member of their Society.

These are the Chief Privileges they had at their first Establishment, which are all recogniz'd at their second, and several new Ones granted them. Privileges by the second.

First, A Power to borrow more Moneys upon the Fund and Security of this Ingraftment. Secondly, It was made Felony in a_ny Person to counterfeit their Notes. Thirdly, No Man could be a Bank_rupt by Reason of his Stock, nor that Stock liable to any Foreign Attach_ment by the Custom of London. Fourthly, The Time of their being paid off and dissolved was enlarg'd, and not to be under a Years Warning after August the first 1710. so that their whole Time will have been Eighteen Years. Fifthly, It is Enacted, That during the continuance of this Bank, there shall be no other Bank Establish'd by Authority of Parliament.

Restricti_ons by both Acts. Having seen their Privileges, we must be so just as to look upon their Restrictions too; which we may do without distinguishing their first and second Establishment, they being much the same in both.

First, No one Person or Society cou'd subscribe above 10000l. before the first of July then following, nor a_bove 20000l. afterward. Secondly, They are not to borrow under their Seal above the 1,200,000l. lent upon their first Establishment; nor above the Summs subscrib'd upon their second; but if they do, and any Deficiency arises from thence, each private Member is made liable in his Proportion. Thirdly, They are prohibited Tra_ding (any otherwise than above per_mitted) as a Corporation, or impowr_ing any one to Trade for them as such, under the Penalty of treble the Value they Trade for, with a Reward of a fifth Part to the Informer.Fourthly, If they shall refuse Pay_ment of any of their just Debts, the Exchequer may, and must pay them out of the 100,000l. as it shall become due to the Bank.

That this is an impartial Account of their Constitution, Privileges, and Restrictions, will be confirm'd by any one that thinks fit to peruse the 2 Acts of Parliament before-mention'd.

And it is hop'd the Reader will car_ry this Account along with him; be_cause the following Arguments shall be form'd upon it, and in reference to the Particulars of it; which is, I think, a fair and clear Method of stating the Case.

By what means the Bank's Profit may arise. But perhaps, in the mean time, it may not be improper to answer a Question that may be made, concern_ing the Inducements which at first mov'd our Money'd Men to pro_cure the Establishment of the Bank; and still engages the present Members so very earnestly, and so very early to sollicit the Prolongation of it.

Interest at 8 per Cent. To which I answer, First, the 8 per Cent. alone, (when the Legal Interest was but 6, and the clear Produce of Land seldom 4) was of it self a suffi_cient Encouragement to this Under_taking; especially considering that this was Exempt from Taxes, to which o_ther Money, and Stock, and Land were liable. This is obvious, but I answer, Secondly,

An unlimited Credit. The Power to extend their Credit, and upon so good a Foundation as the security of an Act of Parliament, is per_haps a more considerable Article of their Profit than even so great an In_terest.

They had a sufficient Prospect (and Time has made it good) of raising their Credit to a Par with Money; and wherever such Credit obtains, it affords all the real Advantages of so much Money.

And a Credit thus Establish'd, and rais'd to a Par with Money, is capable of being increas'd to an immense Va_lue; considering the great Occasions for it, and Conveniencies of it in Trade, which, its known, cannot be carry'd on to a due Extend in England, without a far greater Summ in Credit, than there is in Specie in the whole Nation: And therefore a Credit vastly extend_ed, must bring in vast Profits to them that are thus Credited.

Discount_ing Bills of Exchange. To explain this in an Instance or two; The Bank has a Privilege to ne_gociate and discount Bills of Exchange; in doing whereof, the Persons who come to have their Bills discounted, which is commonly at the Rate of 4 per Cent. or upwards) seldom require Mo_ney; but rather choose their Notes, as being at Par with Money, and more easy and convenient in Payments than Money.

Now if these Notes circulate abroad, but so long as till the Money is paid in_to the Bank upon the Bills of Exchange, then the Bank gains all the discount, without disbursing any Money, and makes Advantage of that Money so much longer as their own Notes cir_culate.

Or if their Notes should return soon_er, yet, considering that most People (for their own Convenience) deposit their Money in the Bank; that Money will an_swer these other Bills as fast as they come; and so one Summ will answer the Demands of another; from whence it follows, that the Bank is a_ble to circulate, with a small Summ of Money, a much larger Summ in Credit, to their great Profit and Advantage.

Lending their Cre_dit to the Govern_ment. In like manner the Bank proceeds in lending their Credit to the Govern_ment, at considerable Interest; which they can do without disbursing any Money, if the Notes they lend should keep out until the Funds upon which they lent them, bring in the Money to the Bank; as now it may well be suppos'd they commonly do, when the Credit of the Bank is so high, and the Parliamentary Funds are not so remote as formerly.

Purchasing of Lands. The same, or greater Advantages they will be able to make in the Pur_chase of Lands, when their Credit shall be so good, (as it may even now be suppos'd to be) that the Rent or Produce of those Lands shall be suffi_cient to support the Credit Circula_ting, wherewith they were purchas'd; that is, shall be sufficient to convert it into Money as fast as it shall be demand_ed, till the Land brings in more Mo_ney; and so on every Year, until the whole Produce shall be equal to the whole Summ of Purchase; and then, in this Case, those Lands cost nothing but Paper.

Or if their Credit should not extend to this Degree, yet the Inference is certain, with what small Summs, join'd with their great Credit, they can make large Purchases. The Influence and Effects of which, may hereafter fall under consideration.

These Hints and Instances are suffi_cient to give the Reader some Idea of the Profits of the Bank (without in_larging upon their receiving Goods de_posited, and their purchasing Bullion, Gold, Silver, &c.) and consequently to account for the Cause that has rais'd the Zeal of its Members, in prosecu_ting the Design of a Prolongation.

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CHAP. II. The Case stated; and an Enquiry made into the Consequences of prolonging the Bank of England. First, with Regard to our Trade, and all other Merchants and Tra_ders.

Terms sug_gested for prolonging the Bank. THE Prolongation aim'd at by the Bank is said to be 21 Years; and the Conditions to be offer'd to the Parliament, are either to lend a Mil_lion of Money for that time, without Interest; or to lower their Present 8 per Cent. to 5, or 4.; so that the remain_ing 3, or 4. may be a Fund, whereon to raise part of the supply that will be wanted this Session.

In order to obtain this their Desire, there is no doubt but they will plead their past Services, set forth their pre_sent, and propose mighty ones for the future.

Way to ex_amine their Pretences. The best way to examine all their Pretences, will, I presume, be first, to consider the Natural and Necessary Consequences of such a Prolongation, and then to enter upon the particular Consideration of the Arguments urg'd on the side of the Bank.

The principal Consequences to be attended to in this Case, are such as con_cern Trade and the Government, and therefore (to shorten this Discourse) I shall only speak with regard to these two.

How the Bank may affect Trade. First, As to the Trade of this King_dom, the Parliament, in both Establish_ments of the Bank, thought it necessary to restrain it from Trading either im_mediately, or by Commission, (ex_cepting in the Produce of their Land, the Sale of deposited Goods, and the Purchase of Gold, &c. and the nego_tiating Bills of Exchange) as plainly foreseeing, that were they permitted to Trade freely, they might monopo_lize what Commodities they pleas'd, and undo all other Traders by their great and commanding Stock.

But if the Bank can evade the Force and Restraint of these Acts, and of any others that are likely to be made, then it may be justly concluded Dange_rous, if not Destructive to Trade, in the Sense and Judgment of the Legi_slature.

As to the present Constitution of the Bank, the Government of it is in the Hands of 26, or rather in the Majority of that Number, who are not liable to any Personal Penalty, nor the Bank, thro' their Default, to forfeit any of its Privileges, (so secure is this Esta_blishment) and therefore there seems but very little Terror against, while there are strong Temptations to a di_rect Course of Trading.

How the Bank may Trade in one Instance For the Fallacy may be as easy, as it will be gainful: For supposing those Gentlemen agreed and resolv'd to em_ploy a round Summ of Bank-Money, or Credit in Trade, for the sake either of the Bank, or themselves, which is not an impossible Supposition, consi_dering the great Prospect of Gain, and the smallness of the Number of Mana_gers.

It is but giving a Commission, in general Terms, (from doing which neither the Parliament nor their Char_ter restrains them) to one or more of the Directors, to dispose of such Mo_ney or Credit, for the said Service, and then he, or they, can as openly Trade with it, as other Merchants can do with their private Stock, and may ac_count to the Bank in Terms as general as those of the Commission, bringing in a competent Profit, and instead of being detected, gaining Applause be_side other Premium.

How in a_nother. But if it must not be suppos'd, that the Directors will prevaricate at this rate, for so small a Profit as will be due to their private Shares in the Bank; perhaps the Temptation may appear strong enough, when 'tis farther con_sider'd what Opportunities they have of lending each other what Summs, and upon what Terms they shall think fit.

And thus Trading in their private Capacities with the Bank-Stock, it amounts to the same, if not a great_er Injury and Oppression to Trade, than if the Bank it self traded with the like Summ barefac'd.

But still, if even this shall be thought a Practice too Palpable, there is a more covert way of doing the busi_ness.

How in a Third. It is to be remember'd that the Bank has a Power of discounting Bills of Ex_change; which they have done at 4 per Cent. to creditable Merchants, e_specially those well known to them.

Now it cannot be suppos'd but that the Directors may Command this Favour at any time, and beyond o_thers.

They therefore, or any of them, as being Merchants, easily foreseeing the great Advantages by Monopolizing se_veral Commodities, and other seasona_ble applications of large Summs, will be able to provide themselves for such undertakings by the Bank-Stock, in this Method.

Supposing the Summ wanted is 20000l. He need only procure one or more Bills for it to be drawn upon himself, payable to a Friend of his; or upon a Friend of his payable to him_self, 3 Months after Date, upon the Credit of which Bills, when accepted, his Interest will be so good at the Bank, that he or his Friend (which is the same Case) shall have the Value of these Bills paid either in Bank-Bills, or ready Money, at the discount of 4 per Cent. per An. which is but 1 per Cent. for the 3 Months, which Summ Receiv'd may be so dispos'd of in Trade, or otherwise, that the Pro_duce may come in, time enough to repay the Bank.

In this Case there is no Injury, but a Profit to the Bank; and yet he who can have great Summs at Command, at so small a rate as 4 per Cent. and, which is more advantagious still, for just so many Days, or Weeks, only as he wants it, will undoubtedly be able to out-trade all others, who cannot procure such Summs, or must be sub_ject to the common Terms of bor_rowing.

And he being thus qualified, will never want strong Temptations to at_tempt Monopolies, of one sort or o_ther; which is an Injury that not only affects other Merchants, but by ma_king the Commodity dearer, reaches all the consumers of it. And all this he will be able to do by no Ability of his own, but by his meer Relation to the Bank of England.

Cons_equence of the Banks Trading. Whether this has actually been the Practice, is not Material to our Argu_ment; it being sufficient, that possibly, if not probably, it may be so; but thus much may be said, that such ways have been taken by private Merchants, either to support their Credit, or carry on Monopolies: And here at the Bank it may be done, to so much an higher Degree, as the Stock of Money and Credit in the Bank exceeds theirs; and consequently to a proportionably greater Discouragement of other Tra_ders, and Damage to the Publick.

And now methinks it might be worthy our consideration, whether the Notorious failure of so many pri_vate Merchants, especially those of midling Stock, and the great Decay of all Personal and Private Credit in London, within these few Years last past (wherein the Banks Credit has been on the other Hand constantly gaining Ground) can be accounted for so well, by any other Cause, or Supposition, as by these now ad_vanc'd.

Restraints ineffectual. From the Instances already given it's reasonable to infer, that there may be many other ways found out for the Bank to evade all Restrictions, that can be laid upon it by Publick Autho_rity, to prevent either it's Trading, or it's Trading to the pernicious Degree of Monopolizing.

For experience shows, that scarce any Restraints can be effectually laid upon Trade, or upon any Traders, where the Temptation of Profit runs very high, and the Stock of Money, or Credit to pursue it, is very large.

Therefore I must confess I cannot foresee any Limitation or Restrictions, which the Bank may propose or may be willing to submit to, which will not be liable to very easy and Practi_cable Evasions.

Thus it appears how capable the Bank is of Trading, in those very Cases wherein the Parliament intended it should not; but we must not o_mit another Case, .wherein they have a Power and Privilege from the Parlia_ment to Trade; and that no less In_juriously to a more considerable Body, I mean all the Landed Men of the Kingdom: Which they may do by Virtue of their forementioned Privilege to purchase Lands. The Bank's Trading in Land.

This it was prov'd in the former Chapter, they will be able to do in vast Quantities, and without Disburse_ment of much Money; by means of their great Credit, which will so pre_vail in time in the Country, as well as now it does in London, as to be in most Cases preferable to Money.

The produce of which Lands thus easily Purchas'd, will make a very profitable Trade of it; and in due time a very Tempting one, and within their reach too.

For the same means which impow_er them to Out-Trade all others in Merchandise, will equally inable them to out-do all Competitors in Buying of Land.

Great Taxes, a growing scarcity of Money, and a decaying Trade, as they will occasion, a more frequent Sale of Lands, so they tend very much to disable the present owners of Land, as to purchasing any more.

While the Bank (being exempt from Taxes, and ingrossing what Mo_ney we have, and acquiring a larger Credit, by the diminution of all private Credit) will be every Day growing more capable of purchasing, as others grow less; and in propability, will in some time become almost the only Purchaser.

And he that is the only purchaser of any Comodity, may reduce the Price of it as he pleases; which will in Course reduce the Price of all of the same kind.

Conse_quence thereof. How far this may affect all the land_ed Men of England, is what seems to call for their very serious and timely Consideration.

But if the Bank shou'd object to this, that they have not yet purchas'd one foot of Land, I answer, however true that may be, it must not be infer'd from thence, that they never will.

The Bank has hitherto had more profitable ways of disposing of their Money; so that the buying of Land seems to be one of the last things for them to do, as 'tis with other success_ful Traders.

This therefore being the Work of Time, the present Success of the Bank proves that nothing but Time is want_ing to bring them to such an overgrown Stock, as will almost necessitate them to fall into this Trade; which we may believe it was not out of View at their first Establishment, by the express Provision they took care to have made for the doing of it against a proper Sea_son.

Which perhaps is not yet come; a farther Establishment being, in all likelihood, necessary before they un_dertake that invidious Trade, which it seems so very likely to prove to all the Landed Men of this Kingdom.

Much more might be said upon these Heads, but that there is still be_hind an Argument against their Pro_longation, of greater Moment to be consider'd.

CHAP. III. The Consequences of prolonging the Bank of England, with Regard to our Government and Consti_tution.

How the Constituti_on may be affected by Loans from the Bank. IN the first place it may be proper to consider, how the Bank, being prolong'd, may affect the Govern_ment, and our valuable Constitution, as being the great Lender to the Go_vernment upon all Occasions.

Which Title of the great Lender, we may be allow'd to give the Bank, since this very thing is the general Plea on the side of the Bank, and perhaps will make the greatest Show amongst the Arguments that will be urg'd up_on you for their Prolongation.

And indeed, this may very well be collected from what has been already said, concerning the Banks Power of extending so good a Credit; and the many ways it has of compassing such vast Profits; And lastly, The great success it has already had in these Re_spects.

And it will follow from hence, that the Bank will be, in a short time, not only the great, but the only Lender to the Govern_ment. I mean none else will be able to supply the Government with such large Summs, as it has frequently wanted, before the Funds upon which these Summs were to be rais'd cou'd come in.

For here it must be granted, that as the Bank grows more able, all o_thers will grow less able, to advance such large Summs. For as Money and Credit increases upon the former, it must proportionably decrease with the latter, considering the Bank of Eng_land does not in reality, increase the Stock of Money in England, as Mer_chants do by Trading.

So that in all likelihood the Bank will become either the only Lender, or so great a one, that without it, others cannot supply the Government with Loans sufficient; which is one and the same Case, as to the Consequences I am going to draw, Namely,

First, That the Bank can set its own Rate of lending; for what is necessary to be had, late Instances tell us will be had at any Price: And we see but few Men scruple to make their own Advantages of the Necessities of the Go_vernment. Secondly, It follows, that the Bank will be able very much to distress the Government, by its being thus neces_sary.

And that Distress may fall upon the Government in point of time, if the Bank, to advance their Premium, or for any other By-End, shou'd be dela_tory in making those Loans.

Or it may fall out worse when the Loans are absolutely necessary for the preservation of our Government and Constitution, if then they shou'd ab_solutely refuse to Lend.

So that the Government will be, in these Respects, as it were in the Hands of the Bank, and may be undone ei_ther at long-run by being supply'd at too dear a Rate, or at once by not be_ing supply'd at all. And I believe they that know the World, will own, that these are neither Impossibilities, nor Idle Fears.

How other_ways the same End may be compassed. But to proceed &horfill; The Banks with_holding their Money or Credit from the Government, is not the only Case wherein it may nearly affect us in our Constitution; for the Power of that Stock may be too easily employ'd ano_ther way, even to the Destruction of the Government.

I will not go so far in supposing, as to say, that this collected Treasure of the Kingdom will ever be made use of against the Government in a Rebelli_ous Manner; or to affect, by Force, any part of our Constitution.

I will only presume to give some Hints, to show by what means the Bu_siness may be done by Law, and in a Parliamentary Method.

The Government of the Bank being, as was said, in 26 Persons, and, as it now happens, of about 2200. Mem_bers there are not above 70. as 'tis said, Qualified to be chosen into that Government: There may some time or other (no doubt) be so large a Majority of those who are capable of being chosen, as to make it very likely there will be a good Majority of those chosen, who being disaffected, some out of Principle, others for different Reasons, may possibly think our Con_stitution stands in need of Alteration.

And then it will be Natural for them to enter upon Contrivances, and come to Resolutions how to bring about the desir'd Change.

I say it will be Natural, because they cannot but know the means are in their Hands; which are, what has been often suggested, a great Stock of Money, and an unbounded Credit, with a Power in themselves to apply it, as they shall think fit, which Power they undoubtedly have, however they may be thought, by some, liable to be censur'd, or dismiss'd by a General Court, upon detecting (which is no easy matter) such Male-Administra_tion.

It is pleaded by an Directors have Power sufficient for the foresaid Purpose. Vid. Let_ter concerning the Bank, and the Credit of the Na_tion. Lond. 1697. Author, and a Member of the Bank, as a piece of Merit on their side (which no doubt it was) that the Directors, upon a pressing Occasion of the Kings, had stretch'd their Credit to a Degree that cou'd not consist with any measure of Prudence; nor cou'd the Directors (in his opinion) answer it to their Members, had it been, says he, for any less occasion than the preservation of the Kingdom.

I have no other use to make of this, but to infer that the Directors have in them a Power to dispose of the Money, and extend the Credit of the Society, as they shall think fit.

And that Credit which once was stretch'd to serve the Government in Distress; may as possibly at another time, if the Directors shall so resolve, be exerted to distress or subvert that Government.

The means being therefore mani_festly in their Hands, the next thing to be consider'd is how to apply them.

A constant and large Majority of 513 is the way; how to compass that is the business.

It cannot be denied that there have been frequent attempts, upon those Places where that Majority lies; and 'tis well known how powerful the said means are, in the said Places.

But 'tis so Melancholy a prospect to think what the united force (suppo_sing but the Wills united) of so for_midable a Society may do; consider_ing how near the thing has been done, by more disproportionate and unlike_ly means; that I shall wave the detail of Particulars, and be content rather to say too little upon this Article, than to give Light into the secret, but too easy Methods of so dangerous an Ex_periment.

I must confess this vile end cannot be compass'd but by suitable Practices; and therefore I am the more unwilling to make the Supposition. The suppo_sition not unreason_able. But when I find it among the Privileges of the Bank, that any of the numerous Com_pany of its Members (not otherwise unqualified) may be of the foresaid number 513; and when I'm satisfi'd how Natural it is for all Members of so profitable a Company to aim at Friends and Favorites in that House; when again I reflect on the Indisposi_tion of the Times, and cannot but fear there will ever be Men who, upon many other accounts, will be ready to fall in with any Designs of altera_tion; when lastly, I foresee that the Triennial Act, with all its good Con_sequences, will have this untoward one, that it will make way for the Ex_ecution of such Designs by leasurely, and if I may speak so, Triennial Steps; even tho' it were impossible to finish the base Work all at one blow:

These things, and more that need not be mention'd, being seriously con_sider'd; I cannot think the supposi_tion will appear hard to any Man that looks abroad; but rather that 'tis Na_tural, especially since the remotest Fears are allow'd, by wise Men, where the Mischief is Fatal.

Nor our Fears re_mov'd by the Inte_grity of the present Members. But, in bar to all these Fears, I am sensible the Gentlemen of the Bank will plead they have never made any such attempts as are here insinuated: But have all along kept themselves clean from Extortion and Bribery, the two great Plagues of a Nation.

And this I had rather grant than deny; but then I must say the Con_cession will by no means remove our Fears, which will naturally take in all the succeeding Managers, while we have nothing to depend upon but the Integrity of the present.

The true Party-Man. But I cannot forbear mentioning one thing which is not a little danger_ous to our Constitution; and that is, what we call Voting for a Party; to which all such Societies as the Bank, especially when admitted within those Walls, have a Natural and almost ir_resistable Tendency, as having ever a separate and Party-Interest to carry on.

A Man that Votes steadily accord_ing to Principle, tho' he shou'd hap_pen to be against the Constitution, is not, in my Opinion, to be Branded as a Party-Man; for he has made no ge_neral surrender of his Judgment: But he that Votes, and perhaps is sent to Vote, only for the Interest of a set of Men in Trade and Business, is the true Party-Man; that is, one who prostitutes all the Laws of Honour, Conscience and his Country, to sini_ster and selfish Ends.

If you know in Fact that you have any number of Men of this Stamp, you must have felt how much our whole Constitution suffers from such infected Members.

The Case of a bare Possibility. After all, I suppose there are some Gentlemen will plead that these Con_sequences, I have thus long insisted upon, are very remote, and unlikely to come to pass; and will call them by the name of bare Possibilities.

To take of all pretences, let us grant even this too: I know 'tis Ridiculous to be alarm'd with bare Possibilities in trivial Matters; but in things of the greatest Moment, the least Fears will affect wise Men. For our Fears will rise in proportion to the greatness, as well as to the distance of the Object we fear: And therefore to me the Argu_ment still remains Conclusive, as to the danger of our Constitution, and our All; for ventering All must fright us, tho' it shou'd be but barely possible to loose that.

No future restrictions effectual. But even still there may be some that wou'd have us depend upon such Re_strictions and Limitations, as the Par_liament, they say, may find out for preventing these Evils.

But I must answer, that what was just now said makes it unsafe for us to treat, until it's demonstrably made out that such fatal Consequences are absolutely impossible.

On the contrary, I think he that considers the Nature of Restrictions, and their usual Success in Cases paral_lel to this; and that I have already prov'd how liable those now upon the Bank are to be throughly evaded, will not easily believe that it can be demon_strated absolutely impossible such Conse_quences shou'd follow.

But to enter a little farther into the matter; let it be observ'd, That all these Consequences are chargeable up_on that boundless Power which the Bank has of extending a Credit so current as this is, which, in its Nature, will al_ways be increasing, until it grows too great for all Opposition.

And it's very impracticable so much as to restrain it in this Particular; for it will be said, that it's inconsistent with the Nature and Design of the Bank, and a great hardship upon the Members, to limit or circumscribe their Credit; since in their private Ca_pacities they stand accountable for all they owe beyond what they have in the Hands of the Government.

This looks like a very good Plea, and yet if the Parliament does but leave them with the foresaid boundless Power, they will remain, what they are now, the best Credit in the Nation; and then our Treasure will as naturally flow in upon them, as our Rivers run into the Sea.

Nor is this so much owing to the Power of their private Credit, as some pretend, for the Part can never be so powerful as the Whole. And let these Gentlemen exert their private Credit as far as they shall think fit, no Body, that I know of, will object against it: But until they are content with that Power, which it seems they are not, by so earnestly desiring a Prolongation, we must believe they want the main Point.

But to return: From what I have now said, it follows, at least, that we have no Room to expect a certain Re_medy for these Evils, but that, in spight of all Restrictions, the foresaid Consequences will still have a very apparent Possibility.

The Case of univer_sal concern. And here I shou'd have submitted the Argument, but that I cannot for_bear the mention of one thing more, which is, that these Consequences, how favourable an Aspect soever they may seem to have upon any one Party, are, in reality, of Universal Concern, and therefore shou'd engage us all a_gainst them.

For, tho' I have said a Change may be made by this means, yet I cou'd not presume to determine what sort of Men wou'd be the Immediate Instru_ments; and consequently it remains uncertain, in favour of what Party e_ven the first Change may be brought about.

But let that be as it will, it ought to be considered whether this does not lay the Foundation for perpetual Change and Revolution.

For the means of effecting this are plainly transferable from one sort of Men to another; and indeed, Men disaffected to the present Form of Go_vernment, be that what it will, will always endeavour to join themselves to such Societies, who have in their Hands the means of Subversion.

So that, after one Revolution, no Man can say whose turn it will be next to be uppermost.

And therefore it can never be the true Interest of any Englishman (Churchman, or Dissenter) to have the Legislature (or which is all one, the Command of it) misplac'd in the Hands of those, who will ever have a separate Interest from the main Body of the People of England.

&horbar

CHAP. IV. The Pleas and Pretences on the side of the Bank examin'd.

ALthough the Arguments of the preceding Chapters seem to be of that importance, that, if they con_clude at all, they conclude against all manner of Treaty about a Prolonga_tion; because of the Power which carries in it but Possibilities of the last Consequence; yet we must, no doubt, have Patience to hear a great deal pleaded on this Head, and much Me_rit pretended, to answer the pretence of much Danger.

In discoursing upon which Merit (that we may be sure to consider it all) I shall not only have respect to their past Services, and their present Pro_fers or Proposals; but I shall also take in those Services they may pretend to, for the future.

Their past Services consider'd. As to their past Services they have been chiefly the Loan of 1,200,000l. at their first Establishment, and ad_mitting the Ingraftment of the Tallies afterward.

Now I have already shown, in part, what great Inducement they had to make that first Subscription to the Bank, not only from the 8 per Cent. but also from the large Prospect of Pro_fits, by a circulation of Credit.

It has been Calculated that the said Fund of Interest alone wou'd, in 19 Years repay them Principal; and In_terest, with Interest upon Interest, at the moderate rate of 5 per Cent. and all the 1,200,000l. still due to them from the Government.

And, at the same rate of 5 per Cent. it has been farther Calculated, that, should they continue a Bank on this foot for 60 Years, the Government must pay them near 14 Millions over and above the first Principal, and In_terest, with Interest upon Interest.

So that even the 8 per Cent. has been complain'd of by some as too great a Reward.

But such Complaints as these may be silenc'd perhaps, by reflecting up_on the Advantages which other Lend_ers also took of the Government at that time of Day.

Bank re_paid much farther than Mr. Brisco's Calculation But the true and naked State of the Case is this; The Government, at the same time that it received their 1,200,000l. gave them a Power to issue Bills of Credit equal to that Summ, making it self security for all those who thus far trusted the Bank.

By which means, the Credit thus given to the Bank, became more use_ful and profitable to them, than, in all likelihood, their Money would have been in their Hands, had they not lent it to the Government.

For they not only now enjoy the great Profits of that 1,200,000l. Cre_dit (as before made out) but, by ver_tue of that Privilege, they have a far_ther Power of issuing what farther Credit of theirs now passes amongst us; and all this passes currently upon the bottom of the publick Sanction and Security.

So that the Profit of this their circu_lating Credit, if it is not already, is likely enough shortly to be greater than the 8 per Cent. and consequently than the Summs in the foremention'd Calculation.

As to the Ingraftment, it was thought by some of their Members an hardship upon them: But it is to be remark'd, that this has prov'd no hard_ship, nor cou'd well be expected so to prove, since all the Tallies, and the whole Ingrafted Summ, carry'd 8 per Cent. Interest.

And they had a farther Privilege of proportionably extending their Credit, as in the first Case; so that the Terms being the same, I cannot see how this can be concluded a worse Bargain for them than the first.

By all this I intend no more than to give a satisfactory Answer to the Ar_gument of Merit pleaded upon this Head; let them carry the Plea of sup_plying the Government, and raising the Publick Credit as high as they will.

In short, they have been so amply pay'd for all that they have done (tho' they may be allow'd to have done it with the utmost Zeal) that they must not insist upon much past Merit; let them set forth their present and future as they think fit.

Present Pretences examin'd. Let us then come to that point, and examine how their present Pretences stand, these it is said, will be either a Loan of a Million without Interest for the time of the desir'd Prolongation, or else they will lower the present In_terest so much, that on the Fund of the Surplus, near a Million may be Rais'd.

I hope I may venture to say, that it does not appear from the Posture of our Affairs abroad, or the Conduct of our Ministry both there and at Home, that you will be under any Necessity in this, more than former Years, of recurring to any extraordinary Me_thods of Raising the needful Supply.

But whatever your Occasions, or their Profers may be, which I will not presume to determine, I may be allow'd to say, in the general, that no_thing but Ru_in can be set against Ruin; that is, nothing but the avoiding a more immediate Ruin (which I hope is far from being the present Case) can warrant those Methods that may produce Ruin, tho' at the greatest di_stance, while it is within the Verge of a Possibility.

Or if ever Affairs shou'd come to that desperate Condition, it wou'd, methinks, still require a deliberate and diligent Consideration, and set our Heads at work to find out, if pos_sible, an Expedient, that is neither in its Nature, nor in its Consequences, Ruinous.

Whatever Terms the Bank shall pro_pose to you for their Prolongation, will, I conceive, come before you under the Notion of an Equivalent, if not a Ser_vice; but I am satisfy'd, as the Case stands, no present Supply can be deem'd an Equivalent, much less a Service, upon those Terms; nor, con_sequently, cou'd I be for entring into any Treaty thereupon.

And the Reason of this will, I am sure, be more satisfactory in the Words of one of the ablest Statesmen the last Age produc'd.

Lord Halifax Anat. of an Equivalent. In Matters of Contract, not only the present Value, but the Contingencies, and Consequences, as far as they can be fairly suppos'd, are to be consider'd. For Example, if there shou'd be a Possi_bility that one of the Parties may be ruin'd by accepting, and the other only disappointed by his refusing; the Con_sequences are so extreamly unequal, that it is not imaginable a Man should take that for an Equivalent, which hath such a fatal Possibility at the heels of it.

I will not make this Case of ours so invidious, as to say 'tis exactly Parallel to that; but, as that noble Author has made it turn upon a bare Possibility, I think I may say it justly concludes for what I am asserting.

Now if the present assistance of the Bank cannot Merit a Prolongation, because of Ill Consequences, then nei_ther will any pretentions of future Ser_vice be found sufficient, as being Sub_ject to the same.

The Case of the Banks be_ing neces_sary. But if it be still insinuated by any that the Bank is so highly necessary, that the Government which is chiefly sup_plied by them, can scarce expect for the future to be supplied without them; I answer, those that think them thus necessary, wou'd doubtless have us believe they are already too great and Powerful to be disoblig'd.

And what follows if this be granted? Why certainly that a Prolongation will make them much more Great and Powerful, and Dangerous indeed to be disoblig'd: And, Consequently, then no one can deny the Bank a Power of Subverting that Constitution, which, without the Voluntary assistance of the Bank (for such are all Loans) is not able to subsist.

But to take of the Terror of this desperate Argument, I shall deny, and at the same time disprove, this sup_pos'd necessity of having the Bank prolong'd.

Proof that it is not yet necessary. This mighty Power of theirs de_pends upon one Branch of the Publick Credit; but surely there still remains, intire, a far greater Power in the whole Frame, or Body of our Govern_ment, than this part can pretend to.

And what the Bank has done with this single Branch, plainly proves, that the Government is capable of doing much more, at least of being duly sup_plied, without such Foreign aids.

Nor, if Methods cou'd be found out whereby the Government might freely exert its own Credit, for its own Service (and be thereby rescu'd from all precarious dependance, and the many hardships of a necessitous Borrower) wou'd such a Design, tho' immediately set on Foot, be any way inconsistent with the Governments Engagement to the Bank at their last Establishment, that there shou'd be no other Bank erected by Parliament during their Term.

For that the Government never cou'd intend to preclude it self from exerting its own Credit by that Limi_tation, is apparent from the very same Act, in which, after the settlement of the Bank, the Establishment and Cir_culation of the Exchequer Bills is ex_presly made and provided for; which is a manifest Instance, that the Govern_ment has reserv'd that Liberty and Privilege to it self; and excluded only all other private Persons.

And indeed it wou'd look very strange, that the Government shou'd, by a premeditated and solemn Act, de_bar it self of that Privilege, which it wou'd be destroying Liberty and Pro_perty to deny to the meanest Subject; that is, to make the best use of his Cre_dit that he can.

If then there be still a good Founda_tion, and a just Power left in the Go_vernment for the compassing of so good and great a Work; it remains only, at present, to wish for Heads and Hands equal to it.

Conclusion.

AND now, from the whole, I hope I may be allow'd by all unbyass'd Men to draw this Conclusion, which is, that the Point here controverted, whenever it comes into Debate with_in your Walls, will appear of Moment enough to bespeak your greatest Sa_gacity, and mature Consideration, as it nearly concerns the present Form of our happy Constitution, in which you bear so great a Part your selves, and of which you are intrusted with the preservation of the whole.

And if these Papers have given any Light into a Subject, which (notwith_standing the Importance of it to us all) has lain so much out of the way of some, and been so overlookt by others, that it has scarce been duly search'd in_to by any; then the Author, who has endeavour'd to state the Case with Clearness and Impartiality, will, he hopes, stand acquitted with you, from being either an officious, or a partial Writer.

And that will guard him from all the Censures of such who may be forward to say, That is writ for a Party, which is indeed written for the whole; and this doubtless to disguise their own appearing in a Party-Cause.

But 'tis to be hop'd all Men of Sense will infer, that he who is against all Alterations, must be for the present E_stablishment; and that whoever goes about to obviate the Possibility of intro_ducing another Constitution, demon_strates his sincere Inclinations to this.

Which makes it almost superfluous to say, that the Design of this Discourse cannot fairly be drawn to favour, in the least, any other Pretensions, or made to plead for any other Cause, besides that of our most Excellent Queen, the Succession happily Establish'd in the Pro_testant Line, and the ancient and in_valuable Freedom of the Parliament of England.

And, being perfectly conscious of this, I have little Fear of disgusting any, but those whom a private Inte_rest and Gain has made implicit Vota_ries to the Bank, or those whom the Prospect of a favourable Turn to their Party, has engag'd so far, as to be_come Zealous Patrons of this Bank, and loud Advocates for it.

But I will not despair that this little Tract may find some Friends, even in Grocer's-Hall; those I mean whom it may incline to part with so much of their own Power, as they themselves wou'd be very unwilling to see fatally per_verted.

But how such Thoughts will operate upon any of that Society, I must not offer to say; nor does, I hope, the Success of what I say depend there. But if, on the contrary, it shall pro_voke an Answer, I expect, and justly, that their own Cause be fairly clear'd of the Consequences charg'd upon it, before any other are imputed to this Discourse; and then I promise to de_bate that Point too.

But if, without any such Regard, there appears for Answer only unwar_rantable Reflections, and unfair Insi_nuations, I will give this my final An_swer to all Arguments of that Kind be_forehand. I grant it, such Methods are well enough calculated to lead the credulous and unwary Multitude into Designs which they do not foresee, or to divert them from looking into those they shou'd: But these are Amuse_ments too trifling to mislead your bet_ter Judgments; they will rather have the contrary Effect; for Wise Men when they hear much empty Noise in a Case of great Moment, always sus_pect that this Clamour is rais'd only to stifle such just Complaints, as those loud Gentlemen wou'd by no means have others hear.

I hope I have set no Example of this kind, and that no disrespectful Word, to the Person of any, had drop'd from my Pen; that wou'd have been not only unbecoming, but foreign to my Design, which was to make a just Re_presentation of a Case I judg'd to be of Universal Concern, and to set the matter in that Light to others, by which I first receiv'd Conviction my self; but, in Conclusion to submit the whole (as it is the Duty of every Pri_vate Person to do) with all deference, to the Wisdom of the Nation.

FINIS. &horbar

ERRATA.

|CEC |Y1714 SOME OBSERVATIONS, SHEWING The DANGER of Losing the Trade of the Sugar Colonies. Humbly Offer'd To the CONSIDERATION OF THE PARLIAMENT. &horbar By a PLANTER. &horbar &horbar LONDON: Printed in the Year, MDCCXIV. &horbar &horbar SOME OBSERVATIONS, SHEWING The DANGER of Losing the TRADE of the Sugar Colonies, &c.

THERE has been a Paper already offered to the Publick, concerning the State of the Sugar Plantations, with Respect to the Ecclesiastick, Civil, and Military Government, wherein some Remarks are also to be met with upon the Trade of those Colonies: But what is principally intended by this, is to consider more particularly the Nature and present Circumstances of this most valuable Trade, and to lay before the Parliament the imminent Dangers we are threatned with, of utterly losing the same, unless proper Mea_sures be quickly taken to settle it upon a better Foun_dation than it has been for many Years past.

In order to this, it must be observed, That the Portugueze in Brazil, the Dutch in Surinam, and Isa_Cape, and the French in their Islands, especially in that great Island of Hispaniola, in which they have got a great Footing, are possess'd of large Coun_tries and great Tracts of fertile Land, which pro_duce Provisions, and most other Necessaries and Conveniences for Life, and likewise Materials and Requisites for manufacturing Sugar and other the Product of their Land, such as Timber, Horses, Cattle, &c.

And on the other hand, the English Sugar Planta_tions are upon small Islands; Barbadoes, which is but Twenty one Miles in Length, and about Twelve Miles over in the broadest Part, being the largest of them all, excepting Jamaica; and even that Island is not well inhabited; has a great Deal of Savanna Land, is very mountainous, and in War is very much ex_posed; so that if the Windward Islands should come to be deserted or lost, Jamaica could never be kept and improved so as to support the Sugar Trade to this Kingdom.

Further, these our small Islands being obliged to the British Dominions for almost every Thing, such as Servants and Slaves, and Provisions of all Sorts, and for all Materials and Necessaries for manu_facturing their Sugar, and other the Product of their Ground, tho' they are thereby the more pro_fitable to this Kingdom, yet by this Means they make Sugar the dearer; but that which adds to their Misfortune, is, that their Land is so poor, that they must be at a great Expence in manuring it, and must plant the same Ground every other Year: Whereas in the Colonies of the aforesaid Nations, there's Room enough to change their Ground, and if there were not, yet the Land is so fertile, that they plant but once in seven, and sometimes but in ten Years, and that without Dung; so that in Con_sequence of all those Advantages over us, they must undersell us at Foreign Markets, and in time furnish our Markets at Home cheaper than we can, and in the end beat us entirely out of the Sugar Trade.

This cannot be thought improbable, if it be con_sider'd, that in other Nations the same Causes have had the like Effects; for this was the Case many Years ago with a Part of the Turkish Dominions, where there were many Sugar-Works; for it seems, that they were at so great Expence and Charge in making Sugars, that they were furnished from us cheaper than they made them themselves; so that by Degrees we had all the Trade for Sugar to the Levant, for then it was that our Plantations flourished, the Land was fertile, and the Planters had Plenty of Timber, Provisions, and other Necessaries, and were also regularly supply'd with sufficient Numbers of Slaves at easie Rates: But since our Plantations have fallen to Decay, and the Land become barren, but especially since the Scarcity and Dearness of Slaves, we make Sugar so dear, that the Portugueze and others have in a great Measure beat us out of that bene_ficial Trade, because they can furnish those Markets cheaper than we; and for the same Reasons it will appear, that we are in Danger of being stripped of this, and of all our Foreign Sugar Trade, when it's considered, that the French and Dutch in their Co_lonies can make this Commodity as cheap as the Portugueze in Brazil.

These Things, it's hoped, clearly demonstrate how near the Desolation of the Sugar Islands is at hand, upon the Footing that the Trade stands at present, which must be attended with the Loss of a con_siderable Trade to these Dominions; it may be computed one way or other at near two Millions Sterling per Annum, which must bring Ruin upon many thousand Families in the Plantations, and ma_ny more Thousands in these Kingdoms.

This doth not depend upon Speculation; the Facts are plain and most of them self-evident; and if any Doubt arises upon any of them, there are un_deniable Proofs ready to be offered to the Parliament, in order to confute every thing that can be suggested to the contrary.

It is therefore humbly hoped, that in an Affair of so great Consequence, the Wisdom of the Legi_slature will at last, and while yet they have it in their Power, effectually interpose their Authority, and by their seasonable Resolutions prevent this impending Evil: And it is humbly offered by the Planters, who are most immediately concern'd, and may be presum'd to know the State of this Case, at least as well as any other Men, that nothing will preserve and support the Sugar Plantations, but the securing as much as possible the whole Trade to Africa, in the Hands of the Subjects of Great Britain: By which Method we may yet put our selves into a Capacity of cutting off all other Nations, or at least of ma_king it difficult for them to get any great Number of Slaves from the Coast of Africa; the Conse_quence thereof must be, that then their Plantations for Want of Labourers would be so far from multi_plying and encreasing, that those they are already possess'd of must fall to Decay: So that to me it seems evident, that we have no other Way left, but only this, to recover and preserve the Sugar Trade in our own Hands.

Nor will this be impracticable, if it be remem_ber'd, that within less than thirty Years, when the African Company flourished, and had Power upon that Coast, they had much the greatest Part of the Negroe Trade; they had then, and for many Years before, such Interest among the Negroe Kings and great Men' and such Power over them, that the Natives in ge_neral could dispose of but very few Negroes to other Nations; nay, such was the Company's Power in those Times, that the French had not so much as one Factory upon the Gold Coast; it's true, they once attempted to make a Settlement, and for that end sent out a Squadron of six Men of War with Men, and Stores, and Ammunition, and all other Neces_saries to erect a Fortification; but after they had landed, and built a Fort, the very Night before they were to mount their great Guns, the Negroes came down upon them, and beat them off, and de_molished their Fort, and so they went on Board their own Ships again, re infect�.

Such was then the Interest of the English with those Barbarians, that they would not suffer the French to settle among them; it's true, the Dutch had and have a great many Forts and Factories all along this Coast, but their Slave Trade in those Days was very inconsiderable in comparison of ours: In_deed, since the Trade has been laid open by the late Act of Parliament; the great Contentions that have arisen between the Separate Traders and the Company; the Abuses committed by the Company's Agents upon the Coast, by confederating with the Separate Traders to the Prejudice of the Company; the Strugglings amongst the Separate Traders themselves at the Market, which has also greatly contributed to the Raising of the Prices of Negroes very high; and the many Violences, and unfair and illegal Practices committed by some of the open Traders on the Coast, for which the Company has often paid very dear: Such a Conjunction, I say, of fatal Circumstances, which are and always must be the unavoidable Con_sequences of a loose and precarious Trade, could not but tend exceedingly to the lessening and under_mining the British Power and Interest on that Coast; insomuch that, I may appeal to Experience, whe_ther the Dutch or the Natives of Africa have not been greater Gainers by that Act, than either Great Britain or the Plantations; as to the Dutch it's evident, that since the passing that Act, they have gained a greater Power and Trade on that Coast than they had before; and that they have wonderfully en_creased their Sugar Plantations in Surinam and Isa Cape; and as for the Africans, they are become so wise by our Divisions, that they have raised the Price of Negroes to near 20l. per Head, whereas formerly the Company bought them from 50s. to 3l. at most, and the Planters in those Days were furnished from 14l. to 18l. per Head, the choice Negroes; this advanced the Number of Slaves in the Island of Bar_badoes to near 80000, which produced in Barbadoes near 30000 Hogsheads of Sugar yearly, besides Cotton and other Commodities, which advanced the Re_venue, comsumed a great Quantity of the Manufactures of England, and employ'd near 500 Sail of English Shipping: But since by these Contentions upon the Coast, the Price of Negroes has been so high, the Planters have paid from 30l. to 40l. and in some of the Islands 50l. per Head, and this has lessened the Number of Negroes, which now is under 60000 in Barbadoes, and the Product which is under 20000 Hogsheads of Sugar, and other the Product in Pro_portion; so that the Consumption of the Manu_factures, the Revenue, and the Navigation have decreased also in Proportion, so that upon the whole it's very apparent from Experience, that nothing but an united Power upon the Coast of Africa can secure this Trade: Power, and the Purse, Force, and Merchandize must be united, and put into one and the same Hand.

For this purpose a Considerable Stock must be Staked, which cannot be done Effectually any o_ther way than in a Body Exclusive of all others; this will be a certain Stake in the Hedge to sup_port the Trade; for the Body politick will always remain: The Men, 'tis true may be changed, but the Body it's self may be Obliged to supply the Plantations with sufficient Numbers of Negroes at reasonable Prices, whereas any other sort of Com_pany than that of a Joynt Stock, cannot Oblige themselves, nor can they give any Security that they will Trade, neither can they be secure of a suf_ficient Stock for carrying on the Trade, Merchants being at Liberty in all other sorts of Company's, whether they will come in or no; and if they do come in for one Year, may leave it the next. And it's presumed further that no other but a Joynt Stock Company will be tyed down to fur_nish the Plantations only with Negroes, for it's very well known, that most of the Negroes, Imported in_to the Plantations by the separate Traders; during the late Act of Parliament, were Exported again to the Spaniards, French and Dutch, but principally to the Spaniards. And certainly it can never be de_nyed, but that, if Merchants are left to their Liberty, they will Trade with those Nations who can better give 40l. per Head than the British Planter can give 20l. for Merchants will have regard to their own private gain; but it's not doubted but that the Parliament will consider that every Negroe sold to the British Planter, tho' under 20l. brings much greater advantage to this Kingdom, than one sold to other Nations at 40l. or even at Fourscore; because the Labour of a Negroe brings Annually ten Pounds during his Life; and as his Children grow up, their Labour amounts to as much more each. It's next to be considered, that, it will be Impossible to perform the Assiento Contract unless an Exclusive Company with a Joynt Stock be Established in Manner aforesaid; for if a Number of Men, open Traders, should enter into an Agree_ment for the performance of this Contract, they must make Subscriptions, and this will become a Stock, and Interfere with all other open Traders; and should such a thing happen, what advantage will the Out-ports of Great Britain have; when they try the Trade to Africa, they will find that the Numbers of Traders that live at London will so Govern the Market upon the Coast, that other Traders will not be able to come in Competition with them, or otherwise, what has been and is the Case already, will continue, viz. that by Struggling with one another upon the Coast of Africa, they will not only keep up the price of Slaves there, but raise it still higher, and so put the Trade in a worse Condition than it's now in; and make the A_fricans wiser and wiser by throwing the profit in_to their hands; so that at last they being at Li_berty to Trade with whom they please, will find the Sweet of Trading with other Nations, who can give them at least as much again as the British Mer_chants can, by which means it must in the End come to pass, that, even those that would pretend to secure the African Trade most, will not be able to purchase any Slaves at all: But should any Sett of open Traders pretend to secure the African Trade to this Nation; then it's presumed, they must have Forts, Castles and Factories; If they build them, they must Consider of whom they are to purchase the Land, and the great Expence that must attend such an undertaking; but allowing that such a Sett of Men could get over that, then it's plain there will be two Company's, the Consequence whereof need not be mentioned. But it may be supposed that this present Company may be Compelled to part with their Forts and Factories, and all their property upon the Coast; but can this be any more than changing Hands, if any Sett of Men be put in Possession of those Forts, &c. and make Subscriptions sufficient to secure the Assiento Contract, and a sufficient Importation of Negroes to the Plantations at reasonable Prices. And if this Security is not given, then what will become of the Plantations and the Assiento Contract.

Were it not therefore more consistent with Reason and Justice to consider, that, many Years ago, the Coast of Africa was by Charter granted to the present African Company; that at the time that that Charter was granted, the Trade was in a manner lost to this Nation, which the Company soon after recovered and vastly Improved; that they have since laid out great Sums of Money upon Forts and Factories and in carrying on this Trade; that for many Years they furnished the Plantations at easy Prices, and gave long Credit; that by these means the Sugar Colonies were Settled and did a_rise to a great Heighth; that in the first and second Years of the first of the two last Wars, they lost near Thirty Ships of their own; that the French committed great Depredations upon some of their Factories; that they have sustained great Losses by the Hurricane and Earthquake in Jamaica; and by their Out-standing Debts in that and the other Plantations; and lastly that they have suf_fered many great hardships by the late Act of Par_liament, which did indeed Ordain that all Sepa_rate Traders should pay 10 per Cent. to the Com_pany on all their Exports, for and towards the Maintenance of their Forts; whereas it appears from the Entries of the Separate Traders, that they never paid the Company above 1 per Cent. Would it not I say, be Justice to give this Company an Oppor_tunity of retrieving those Losses, and to Enable them to take Subscriptions, for a sufficient Stock to carry on the Trade, and to get the power of the Coast of Africa again into their own Hands: Which great point cannot otherways be gained but by Merchandize, and Power being in one and the same Hand, to make Alliances with the Negroe Kings, that they may sell their Slaves only to the Com_pany. Is it not very plain that since this late Act of Parliament, Negroes have risen in their Price upon the Coast, and that the Planters have paid much dearer in the Plantations, and have been but ill Supplied? Tho' it may be allowed that the Wars were part_ly the Cause of the last Evil, yet it cannot be thought so of the first, which was Occasion'd by the many buyers on the Coast, and they must ra_ther Increase in Peace, so that that Evil will still grow upon us.

But it is Objected that in a Company Exclusive, there being but one buyer, tho' that Company may buy Cheaper upon the Coast, yet they may Impose what Prices they please upon the Planters for their Negroes; to which I think it may be suf_ficient to answer, that the Planters have already found it to be otherwise by Experience, besides the Com_pany are willing, it seems, to be Subject to any Regulation or Enquiry that the Parliament shall appoint, if the Planters Complain.

Another Objection is, that this Company will be the only Buyer of the Manufactures in this Kingdom, and so Impose what Prices they please. But was this ever Complained of, even before the late Act of Parliament? Yea, did not the present Company almost every Year before that Act passed, either Increase their Exports, or set a-foot some new Manufacture or other; and may not the same Jealousie arise from any Set of Men combining in that Trade. As for the Out-Ports they may flatter themselves, but they will soon find their Mistake, and that by aiming at a Trade, they may be Instru_mental in losing of it to all Her Majesty's Dominions, and at last of ruining the Plantation Trade it self; which they now feel the Sweet of, and thereby be the Occasion not only of the Loss of the Consumption of 100,000l. of Merchandize Exported to the Coast of Africa, but also of the Loss of Two Millions a Year to all the Queen's Dominions, should the Planta_tions be deserted, which must happen in a few Years, if the Trade to Africa is not so settled that the British Planters may not only have sufficient Numbers of Negroes at easy Prices, but other Na_tions cut off as much as possible from that Trade.

It has been often said that the War occasioned the dear Prices of Negroes in the Plantations, no doubt the Navigation and every thing being dear, and the great Risque, must have raised the Price of Negroes in the Plantations: But are not the buying of them dear and the Mortality that frequently attends such Voyages too, much greater Causes of their high Prices, which a Company, being but one buyer, can only prevent; for when they Command the Price upon the Coast, they can have them Cheap, buy them up, and have them ready against the Arrival of their own Ships: So that they may be dispatched in a Month, or Six Weeks; where_as Separate Traders have been Obliged to stay sometimes Four or Five Months before they could purchase their Compliment of Slaves. Was it the War that was the Cause of the Planters being ill Supplied, when the Separate Traders affirm, in Seven Years, they imported into the Plantations 150,000 Negroes: No, if all those Negroes had been settled in the Plantations, there could have been no Complaint for want of Supply; but it's plain, if any truth in this great Importation, they were carried to other Nations: And I may Appeal to the Separate Traders, whether during the late Act of Parliament, they have not been Losers by what Negroes they have sold to the British Planters, take these 15 Years last past round; particular Men may have got, but its plain the Traders in General lost; and particular Men may get again, and after they have done their Business, leave off the Trade; but it's hoped that upon better Consideration, they will become more publick Spirited, and pre_ferr the preservation of the Plantations to their own private Gain, and become Subscribers to the Stock of the present Company; and Consent and Assist in supporting their Charter and Pri_vileges, by becoming Proprietors in the same, ra_ther than Endeavour to destroy the property of a Com_pany, that in a manner settled the profitable Su_gar Colonies, and have met with great Losses, which with the aforementioned Hardships and In_jury's have brought them Low, 'till the late Act of Parliament in Favour of their Creditors, which has revived them; for however their Necessities, during their misfortunes, might have forced them to some Shifts, which is even the Case, many times, with private Men; yet they cannot be de_nyed the Credit of this, that they have, under all these Discouragements, tho' at a very great Charge, kept Possession by the power of their Forts, Castles and Factories upon the Coast; and are now going on briskly with the Trade, that again Offers its self to this Kingdom; a Trade that Offers many advantages, not only the Consumption of Manufactures for the purchase of Negroes, for carrying on the profitable Plantation Trade, but the great Con_sumption that may be Introduced amongst the Negroes, of our Manufacture, even Equal to that in New Spain: Besides, by penetrating into that great Country, no doubt Gold and Silver Mines may be found out Equal to the Spanish or Portu_gueze Mines; but then this can never be Effected by Separate Traders, or otherways, than by the power of a Company Exclusive; for the State and Con_dition of the Africans must not be compared to that of the Turks or Muscovites, from whom we must take Laws, and such Trade as they will agree to; but in Africa we might give not only the Natives, but even all other Nations, Laws, which can be no other way done, but by such an Establishment as has been mentioned.

We have been too many Years instructing the French, Dutch and Portugueze, to take this Trade into their own Hands, and have gone a good Length in teaching the Africans to keep us all under their Command; therefore it's high time to put this Trade on a certain Foot, for otherwise, Adieu, not only to the African, but to the Plantation Trade.

FINIS. |CEC |Y1720 A LETTER TO A Member of Parliament, CONCERNING The Naval Store-Bill Brought in last Session. WITH Observations on the Plantation-Trade, and Methods proposed for rendring it more beneficial to Great Britain than hi_therto it has been, by promoting the Exports of our Manufactures, and in_larging our Navigation. &horbar &horbar LONDON, Printed in the Year M.DCC.XX. A LETTER TO A Member of Parliament.

THE Miscarriage of the Naval Store_Bill last Session of Parliament, lead_ing several Gentlemen to enquire how a Bill so very advantageous to the Publick, could be lost; and your Desire of having the true Reasons which put the Merchants upon applying for it, have en_gag'd me to give you the Trouble of this Let_ter: in which you have, according to the best of my Knowledge, the true Cause for undertak_ing it, and also my Thoughts touching the regu_lating our Trade to the Plantations, in those Par_ticulars you seem to be dissatisfy'd in.

It is well known that we formerly receiv'd our Supply of Pitch and Tar from Sweden: but the Swedish Merchants knowing that the Best Tarand Pitch was made in their Country, thought they had an Opportunity given them to engross it to themselves, and to send it out in their own Ship_ping, and sell it to their Neighbours at their own Prices: In order thereunto, they form'd a Tar_Company, who engross'd the whole; and several severe Laws were made, that no Makers should sell to any but to them, and that no Ships, either fo_reign or their own, should load any but for their Account, and by their Order.

This Monopoly gave great Uneasiness to our Merchants, who thought it a Hardship to be de_barr'd bringing home what Pitch and Tar they had occasion for their own Shipping; for losing that Navigation was putting a Number of Ships out of Employment, and consequently pay_ing our Neighbours for Work whilst our People were unimploy'd.

They made several Complaints, but to no pur_pose, till the Year 1703. a War being then de_clar'd with France, and consequently a Royal Navy to be fitted out.

Upon Examination it was found, that there was not then Pitch and Tar enough in London for an immediate Supply.

Hereupon several Letters were wrote to Dr. Robinson, now Bishop of London, then her Maje_sty's Envoy at the Court of Sweden, upon that Occasion: To which the Doctor return'd an An_swer from Warsaw, the 4th of August, 1703. to Sir Charles Hedges Secretary of State. This Let_ter was copy'd out, and given to several Mer_chants, that they might see how much it was in the Power of the King of Sweden, either to for_ward the fitting out the Royal Navy of England, or to keep it in Harbour.

But for better Information, I have transcrib'd the Letter, viz.

"SIR,

I Just now receiv'd your Honour's Letter of July the 6th, with Orders that I should earnestly press the King of Sweden to give such Directions about the Delivery of Pitch and Tar, as that her Majesty may know what she has to trust to therein.

Upon this Subject I humbly take leave to re_peat what I have formerly writ your Honour, that on the 17/27th of March last I transmitted to the King of Sweden her Majesty's Letter about this Business, and sent it with a large Deduc_tion to Count Piper; whereupon on the 20th of March his Majesty writ to the College of Commerce at Stockholm, that they should give all due Assistance to the English Factors, em_ploy'd to buy up that Commodity for her Maje_sty's Service; that for ready Money they should be supply'd as well with what was wanting for the two former Years, as what was desir'd for this. Which Letter I sent to Stockholm, where it was in due time receiv'd.

Not long after, Count Piper told me, the Di_rectors of the Tar-Trade had represented it to the King as a great Grievance, that they should be oblig'd to deliver at Stockholm any Pitch or Tar for the Use of the English Navy, for that they could to much more Advantage carry it thither, and sell it themselves.

I prest the Count very earnestly, that at least the King's Letter, which was already sent, might be comply'd with for this Year; and that if the like was desir'd for the future, we should give them Time for Deliberation, whether they thought fit to gratify the Queen therein or not.

I had hopes this fair Request would not have met with any Difficulty, but have lately heard from Mr. Jackson it has been wholly rejected, and that the Directors of the Tar-Trade have declared they will export to England and else_where all their Pitch and Tar for their own ac_counts, and that her Majesty's Navy shall be sup_plied at the Market-Price fixed. This I take to be all her Majesty has to trust to on that side; and my humble Opinion is, no Relief from hence can much mend the matter.

For as it can hardly be expected any new Or_der from the King of Sweden (if procured, which is uncertain) can arrive at Stockholm till some time in September, so it is not sure it will then be obey'd more than hitherto, especially consi_dering that by that time the Transportation of Pitch and Tar from Finland to Stockholm will be almost over, and the Directors will have to say, that they have not the Quantity desired.

It would also fall into a hazardous Winter_Voyage, and, in all human appearance, not an_swer her Majesty's Occasions; wherefore I am much in pain what Resolutions to take.

To repeat her Majesty's Request to no purpose, and where there may be a tolerable Pretence for not complying with it, seems to me to be very improper; and I humbly hope your Honour will be of that mind.

Mr. Jackson writes me in his Letter of July 1, that a good Sum was then offer'd to facilitate the Matter, but he had no hope it would succeed; I also believe it will not, the Count Wrede being so little inclined to contribute in any case to a good Intelligence between England and Sweden, and none else having any Authority in these Matters: and therefore if these Endeavours also fail, I cannot perceive her Majesty can with any Certainty be supplied otherwise than either by buying Pitch and Tar of those Directors, at such a Price as they will sell it at in England, or by seizing what they send, whether found by Sea or in Port, and taking it at a reasonable Price.

The King of Sweden did the same last Year by Lead bound for Dantzick; and our Merchants there writ me, they apprehend it may be so this Year also.

The Reclaimers, not insisting upon the Ad_vantage they might have had by carrying their Lead to Dantzick, offer'd it at the same Price the Admiralty of Sweden paid for the last Lead they bought; but instead of that were obliged to let fall one sixth, and without any Composition for the bringing up and detention of their Ships.

Against this may be objected, that thereby the present Occasion may be served, but the Uncer_tainty become greater for the future.

To this I can only answer, That the Swedes must always by themselves or others, ship out their Pitch and Tar, and we shall therefore here_after be at as much Certainty as now. Besides, as those Directors have for many years monopo_lized, and reserv'd to themselves the Transpor_tation of all Pitch and Tar that goes to Holland, so I judge they intend to do in regard to England also, which if so, would fall hard both on our Traders in that Commodity, and on our Shipping employ'd hitherto in a good Proportion to fetch it: beside that the Price in England would be what the Monopolizers pleased.

These Inconveniencies will, I hope, be con_sider'd, and remedied one way or other.

I am also of opinion, that if the War with Muscovy be of any long Continuance, and In_roads be made into Finland, as most probably will, Sweden will not have such Quantities of Pitch and Tar to send abroad as the Occasions of Europe require.

Courland furnished some formerly; but while the Swedes are Masters there, none can be ex_pected thence.

It is but very little, and not good, that Nor_way yields; and I suppose there is but very little Certainty it can be had from Muscovy.

What Difficulties there are in making and bringing it from New England, I am not ac_quainted with, but take it for granted England had better give one third more for it from thence, than have it at such Uncertainties, and in so preca_rious a manner from other Countries, &c.

The Swedes were so fond of their new Monopoly of Pitch and Tar, that I am assur'd, by the Com_mander of an English Merchant-Ship, who was at Stockholm in the Year 1710, that his was the first English Ship which had been there for six or seven Years; and that he made Application by some British Merchants residing there, to the Tar-Com_pany for a Loading of Pitch and Tar, offering them their own Prizes in ready Money: but no Interest could prevail, unless he would give Secu_rity not to carry the said Loading to London, Lis_bon, or any other Port where the Company had a Factory.

The People of England soon took the Alarm; the Merchants made strong Application for ma_king those Commodities in our own Plantations, and therefore that matter was brought before the Parliament, who gave the present Encouragement upon importing Pitch and Tar from our Planta_tions, which soon produced very great Quantities from thence, and they are now so very much en_creased, that we receive twice as much as the Nation consumes, and are thereby enabled to export great Quantities to the Streights, Spain, Portugal, Holland, Bremen, and Hamburg.

'Tis allow'd the Bounty given by the Govern_ment amounts to a large Sum yearly; but what we re-export and sell our Neighbours, makes the Kingdom amends for that Disbursement, and it has brought down the Price so low, that both Pitch and Tar are sold with us for less than one third part of the Price we once paid for Swedish Pitch and Tar: And if this way of supplying our selves from our own Plantations had not been found out, no body knows how high the Swedes might have raised their Price upon us, besides the Uncertainty of having it at any Price.

Upon the King of Sweden's Return from Bender, the Merchants were of Opinion, that his active and warlike Temper could not long sit still, and that a War would soon begin in the Baltick, which would be a great Interruption to our re_ceiving from thence Naval Stores, and also be ve_ry injurious to all Manufacturies that depended on them for Materials, but especially to the Iron Manufactury, Timber, &c.

What was fear'd soon came to pass, a War in the Baltick was begun, great Numbers of our Ships were seiz'd on frivolous Pretences, and car_ry'd into Swedish Ports, and condemned as Prize, to the unspeakable Damage of the Merchants of this Kingdom; for which no manner of Redress has been obtain'd.

The Lords Commissioners of Trade being sen_sible of the great Advantage of supplying our selves with Pitch and Tar from our own Planta_tions, sent to the Merchants to give them an ac_count what other Naval Stores might be produc'd and brought from thence.

Their Lordships were told, that if Encourage_ment was given, and the People put into a pro_per way to begin, all other sorts of Naval Stores, as well as Pitch and Tar, might be brought from thence; that the Swedes had laid a new Duty on their Iron of near 25 per cent. and that the In_terruption of our Trade in the Baltick had great_ly distress'd our Iron Manufacturers for want of Iron to carry on their Business; and farther, that the Danes had rais'd their Boards from eight or nine Dollars, to eighteen Dollars per hundred: That Undertakings of this Nature (as in the Case of Pitch and Tar) would at least lower the Pri_ces, and lessen the Imports of Danish and Swedish Commodities, which at present drew from us a most prodigious Sum of Money. And, Lastly, it is manifest, that unless we import about 20,000 Tun of foreign Iron per annum, our Ma_nufacturies cannot be compleatly carry'd on:

For in the two Years before the War began in the Baltick, viz. 1714, and 1715. (in which Years we had a free Trade with Sweden) above 40,000 Tun was imported; and tho in the two following Years above 23000 Tun was imported, yet that being short of a sufficient Supply, it created terrible Complaints among the Manufacturers.

Now 20000 Tun of Iron, at 12l. per Tun, comes to 240,000l. and the Boards and Timber we re_ceive at their present advanc'd Price, comes to 200,000l. more; and if they found we could not o_therwise be supply'd, they would raise the Price on us.

And besides all this, the Danes and Swedes had usually the Navigation of all their own Boards and Timber, &c. in their own Shipping; which Employment qualify'd them to breed up Seamen, and consequently, upon any Irruption, to fit out Ships for War and Privateers to annoy our Trade; and if so great an Advantage as bringing the said Commodities from our Plantations could be brought to pass, it would augment our Naviga_tion to the Plantations to more than double what it now is; and not only be an additional Em_ployment to our Ship-Builders, and all others concern'd therein, as well as to our Sailors and Seamen, but increase the Consumption of our Provisions, and other Necessaries for victualling and fitting out the said Ships; and that as our Navigation encreases, that of Sweden and Den_mark must of course sink, and our new Supply of Seamen will be the greatest additional Strength imaginable of able and useful Seamen to the Na_val Force of this Kingdom; which Sailors will be ready on all Occasions to man out our Fleets.

That in the Navigation we now carry on to our Plantations, it often happens that the Crops of Tobacco and Sugar, &c. fall short; so that ma_ny of the Ships are forc'd to come home dead freighted, and some lie a whole Season for the next Crop, which (if Encouragement was given for bringing Timber, &c. from our Plantations) would, upon such Disappointments, be sure of a Loading.

These Accounts were receiv'd with very great pleasure by their Lordships; and the Merchants, to promote so good a Work, waited on the Mi_nistry at the Board of Trade, who heard and thorowly examined what the Merchants had to offer.

And after they had been attended at a great many Meetings, and receiv'd full Satisfaction, that it would be greatly for the Advantage of this Na_tion to be supply'd with Naval Stores from our own Plantations, and very much enlarge the Ex_portation of our Woollen and other Manufactu_ries; a Motion was made for bringing a Bill in_to the House, which was accordingly agreed to by the House, and pass'd the Commons with a Clause, "That no Person or Persons within the said Plantations, or any of them, shall manu_facture any Iron Wares of any kind whatso_ever, out of any Sows, Pigs, or Bars whatso_ever, under the penalty of one part to such Person or Persons as shall seize or sue for the same, to be recover'd in any of his Majesty's Courts of Record at Westminster, or Court of Exchequer in Scotland, Courts of Admiralty, or other Courts of Record in the Plantations, &c. the Proof to lie on the Pos_sessor." By this Clause no Smith in the Plan_tations might make so much as a Bolt, or Spike, or Nail.

This Clause must indeed have put the Colonies into a most miserable Condition; the Smith be_ing above all other Trades absolutely necessary for carrying on all other Employments: among the rest, that of Ship-Building had by it been utter_ly destroy'd, tho by this Article they make a great part of their Returns to England for purchasing our Manufactures.

And there was another Clause added in the House of Lords, "That from and after the 25th day of Decemb. 1719. no Forge going by Water, or other Work whatsoever, shall be erected or kept up in any of the said British Plantations, for the making, working, or converting any Sows, Pigs, or cast Iron, into Bar or Rod-Iron, upon pain, that if any Person from thenceforth erect or keep up, or cause to be erected or kept up any such Forge or other Work for the Use or Purpose aforesaid, such Person so offending, being thereof lawfully convict in any of his Ma_jesty's Courts of Record at Westminster, or in the Court of Exchequer in Scotland, or in the Court of Admiralty, or other Court of Record held in such Plantation where the Offence shall be committed, at the pleasure of the In_former, shall, for such his or her first Offence, suffer six Months Imprisonment without Bail or Mainprize, and for every other such Offence shall suffer six Months Imprisonment without Bail or Mainprize; and all Governors, or Commanders in Chief of the said Plantations, and every of them, now and for the time being, are hereby strictly requir'd not to suffer such Forge, or o_ther Work to be erected or kept up in any of the said Plantations within their respective Governments, contrary to the true Intent and Meaning hereof; and if any of the said Gover_nors or Commanders in Chief shall willingly or wittingly offend or be negligent in doing his Duty herein, upon Complaint and Proof made thereof before his Majesty, his Heirs and Suc_cessors, or such as shall be by him or them there_unto authoriz'd and appointed, by the Oath of two or more credible Witnesses, the said Go_vernor or Commander in Chief, so neglecting or offending, shall be remov'd from his Government."

This second Clause must have ruin'd all those Iron-Works in the Colonies, to the great Loss of the Proprietors of them, and given the French a much fairer Handle to tempt them into their Settle_ments, which join to ours, than the Scarcity of Iron has given them to intice away our Artificers.

Which being duly consider'd, those Persons that were sollicitous for the Benefit of the Publick, de_sir'd the Bill should be dropt that Session, that the Members of both Houses might have time fully to inform themselves of the Advantages thereof.

Those Gentlemen who chiefly oppos'd this Undertaking, were concern'd in Iron-Works, who since the Interruption of the Trade with Sweden, have rais'd their Iron to an extraordinary Price: They did all they could to obstruct the Bill; they reported it would hinder the Exportation of wrought Iron to the Plantations, that it was on_ly a Trick of some Stock-Jobbers, and that it was carry'd on by some Persons that had a Grant from the Crown of some part of Nova Scotia.

All which were mere groundless Insinuations; for there never was a Design of making a Stock of it, nor were any Stock-Jobbers ever concern'd in the solliciting it, much less did any Person concern'd whatsoever think of a Grant from the Crown; neither was Nova Scotia the Place in_tended for carrying on the aforesaid Business, or thought to be proper for the said Undertaking.

But as the People of New England, New York, Pensylvania, Carolina, &c. are under great Ne_cessities for English Manufactures, and an Incapa_city of providing Commodities to pay for them, has prevented the English Merchants from send_ing them those large Quantities that might be a sufficient Supply; and as inevitable Necessity has put them upon manufacturing for themselves; therefore this new Employment of providing Na_val Stores, was propos'd to take them off the Manufactures that interfere with ours.

But making a Monopoly or Stock of it, would utterly destroy the very Intentions of the Naval Store-Bill, force the Planters to continue to ma_nufacture for themselves, and prevent the export_ing our Manufactures thither.

Those Joint-Stocks or Companies, that have been erected for carrying on a Trade to the Planta_tions, have been found very prejudicial, and their Capitals have been quite traded away, and entire_ly lost to the Proprietors.

Upon examining our Exportation of wrought Iron to the Plantations, it appears that the same amounts to about 1300 Tun yearly; the full half of it goes to Jamaica, Barbadoes, and the other Sugar-Islands.

But if we allow seven hundred Tun to the Plantations on the Continent, about one half of that goes to Virginia and Maryland, where they have better Employment than to set hands to the making Iron Wares, and make sufficient Returns for themselves.

Therefore it may be concluded, that these Plan_tations, as well as the Sugar-Islands, will never concern themselves in making Iron-Manufactures; so that the whole that can be in danger is the re_maining 350 Ton.

Now the Manufactury of all this 350 Ton, allowing full 12s. per Hundred Workmanship, comes but to 4200l. a Sum not worth mention_ing.

'Tis then very obvious, there was no reason for the aforesaid Oppositions.

If these Gentlemens Care had been for the Good of the Publick, why were the Woollen, Linen, and Leather Manufacturies, Hats, &c. neglected?

Is it not as much the Interest of England to preserve the Exportation of those Manufacturies, as that of Iron?

But if our Plantations, that have thirteen or fourteen Iron-Works employ'd in making Bar or Pig-Iron, were encouraged to bring it home, it would not only secure the Trade we now have with them, but enlarge it.

This Rise of Iron is a very severe Tax on Wag_goners, Carriers, and Farmers, viz. on the Tire of their Waggons, Carts, Plough-Shares, and o_ther Iron-Works.

It is three Half-pence or two Pence per Horse_Shoe upon all large Waggon-Horses and Coach_Horses in and about London, and a Penny on the least Shoe that is made; and I suppose it may be near the same in other Parts of the Kingdom.

'Tis also a most prodigious Discouragement to all our Ship-building.

We can't expect to make Anchors, Bolts, or any other Iron-Works, for the Streights, Spain, or Portugal, nor find a Market abroad for our Iron_Rails, Gates, and other nice Iron-Works; the I_ron being so much cheaper in Holland, Germany, Flanders, &c. will cause our Workmen to go thither to supply foreign Markets.

But tho we have as good Opportunities of ma_king Iron as any Place in the Universe by our own People in our own Plantations, the Profit of which would be spent among us; yet we must not improve them: A Circumstance hard to be ac_counted for!

If it had not been for this Restraint upon the Iron-Trade, we might have had the fitting out of our own Guinea Ships; but the Dutch undersel_ling us in Guns, Knives, and other Iron-Works, have thereby ingrossed the fitting out whole Car_goes.

It must be owned the Distress of the Poor Ma_nufacturers is very great: The Dearness and Scar_city of Iron has thrown abundance of them out of work; and those that continue to work, have such large Deductions out of their usual Wages, that they meet with great Difficulties to find Bread for their Families.

The Iron-Manufacture is said to be the third in the Kingdom; and that not less than 200,000 Per_sons are employ'd in it.

The Waste and Destruction of the Woods in Warwick, Stafford, Worcester, Hereford, Monmouth, Glocester, and Shrop, Shires, by these Iron-Works, is not to be imagined.

The Scarcity of Wood is already grown so great, that where Cord-Wood has been sold at six or seven Shillings per Cord within these few Years, it is now risen to fourteen or fifteen Shil_lings; and in some Places is all consumed.

The Iron-Works are got among the Woods in Glamorganshire, and have begun on the small Quan_tity in Pembrokeshire, which can stand but a little time before them.

And if some Care is not taken to preserve our Timber from these consuming Furnaces, there will not be Oak enough left to supply the Royal Navy, nor Shipping for the Use of the Merchant, to the great Discouragement of Ship-building and Na_vigation, upon which the Safety and Figure of these Kingdoms, as a Maritime Power, depends.

It is generally allowed, that within these sixty Years, Ireland was better stored with Oak-Timber than we are; but several Gentlemen from hence, as well as those residing there, set up Iron-works, which in a few Years swept away the Wood to that degree, that they have not small Stuff left to produce Bark for their Tanning, nor Timber for common and necessary Uses.

Their Distress is so great, that they are forced to send to England and elsewhere for Bark, and to Norway, &c. for Building-Timber, and suffer their large Hides to be exported to Holland, Ger_many, and Flanders, where (to the loss of that Manufactury) they are tanned: and every Body is sensible of the Damage it must be to a Kingdom to lose their Manufacturies, and how difficult it is to regain them.

For if we consider Manufacturies and Naviga_tion in general, we shall find that Kingdoms and States are more or less rich, as they have a greater or lesser Share of Manufacturies and Naviga_tion.

If we take a view of Denmark, Switzerland, Bohemia, and other Parts of Germany, we shall find the common People so miserably poor, that they think themselves happy when they have an Opportunity of listing for Soldiers, and are al_ways desirous of hiring out their Troops to be maintain'd by their Neighbours, and to receive the small Returns of Money they are capable of send_ing home out of their Pay.

If we likewise take a view of our own King_dom, we shall find our Trade and Riches came in but very slowly till our Plantations began to be set_tled; and as they throve, our Trade and Riches encreased, our Lands rose in value, and our Manu_facturies encreased also.

And there are Reasons enough to be assigned for it, which I may at a proper time more fully de_monstrate.

'Tis generally agreed, the Sugar and Tobacco Plantations only, employ 300 Sail of Ships, which may be allowed to find Employment for 6000 Sailors; and they and their Families are all main_tained by this Navigation.

Allowing each Ship to be worth 2000l. fitted out to Sea, there must be 600,000l. of the Na_tional Stock employ'd in this Shipping, beside their Cargoes.

The Advantages of victualling such a Number of Ships must be very considerable.

The Dependants on this Trade, and their Fa_milies, are all supported and maintained thereby; such as Ship-Carpenters, Joiners, Caulkers, Sail_makers, Rope-makers, Anchor-Smiths, Block_makers, Ship-Chandlers, Bakers, Brewers, Butch_ers, Lightermen, Wharfingers, Porters, and Car_men, beside many other Employments.

And further, let those who are versed in Poli_ticks, consider how much the natural Bulworks of this Island are maintained, repaired, and aug_mented by so great a Number of the best of Sailors.

It has been affirmed by some very good Judges, that before the Settlement of our Plantations, we paid 400,000l. yearly for Brazil Sugars; that we paid the Spaniards 100l. per Ton for Logwood, and an extravagant Price for a great many other Commodities, with which we are now supplied by our own Plantations.

And Sir Josiah Child tells us, that in his time Brazil Sugars were beat down by the English Su_gars from 7 or 8l. to 50s. or 3l. per Hundred; and the Quantity imported from the Brazils from 100,000 or 120,000 Chests, to 30,000 Chests.

And by another Author we are also told, that Brazil Tobacco stood us from 4s. to 8s. per Pound.

If we consumed but half the Quantity of Su_gar then that we now do, and it cost us 7 or 8l. per Hundred, it must stand the Nation in a Sum greatly exceeding 400,000l. yearly.

And had the Consumption of Tobacco been then as great as it now is, it would have amoun_ted to a Sum that would exceed my Calcula_tion.

But now those Colonies do not only supply us with all the Tobacco and Sugar we consume, but send us above the Value of 500,000l. yearly for Re-exportation, beside Ginger, Cotton, Wool, Indigo, and many other Commodities, out of which great Numbers of Gentlemen and Planters who reside with us, are maintained; and very large Sums of Money laid out in Lands in this Kingdom, which has exceedingly raised the landed Interest.

Sir Josiah Child computes, that every white Man in the Sugar Plantations employs four Persons at home to provide him and his Negroes with Wearables, Houshold-Goods, and all other Necessaries for carrying on the Work of the Plantations: And all agree that every Person employ'd in Manufacturies for Exportation, adds a considerable yearly Value to the publick Stock of this Nation.

But notwithstanding all the Advantages we re_ceive from the Plantations, I am fully of opinion that that Trade might be so improved as to be twice as good to this Kingdom as it now is.

And that a little Care to put the People there into a way to send us their Commodities, and Productions, would cause them to throw away their Woollen, Linen, and other Manufacturies that interfere with this Kingdom, as Virginia has done upon the late Act for encouraging the Expor_tation of Tobacco.

And as soon as those Favours are granted them, and they have made some progress therein, I doubt not but we shall see a new Scene opened, additio_nal Manufacturies carrying on in Great Britain; and Gentlemen would find new Houses built upon their Estates, Towns encrease, and Lands rise about them; Corn, Cattle, and all sorts of Pro_visions, go off quick, and at a better Price: for where Employment is to be found, Workmen will resort, and Numbers of People will create Consumption.

I know several People are very fond of shipping out Corn, and we allow a considerable Bounty to encourage it: And it is very well to have a Mar_ket when we have more Corn than we can spend. But few consider the Advantages of sending abroad our Woollen and other Manufacturies made of Materials within our selves.

If we compare the National Advantages of ship_ping out Corn, and also of our Woollen Manu_facturies, we shall find the sending out the Value of 100l. in Woollen Manufacturies to be full as good as sending out the same Value in Corn.

For both Corn and Wool are our natural Pro_duct; and Manufactury is the Labour of our own People, as well as Plowing, Sowing, Reaping, and Threshing.

Ploughing, Threshing, &c. can only be per_formed by able Men; but in woollen Manufactu_ries Women and Children find Employment, and are useful in carrying it on as well as Men: Every Body may be employ'd in Manufacturies, but few in Tillage.

It's thought we export above twenty times the Value in Manufacturies, that we possibly can do in Corn.

The foreign Markets for Corn are very uncer_tain and precarious; but our Exportation of Ma_nufacturies may be render'd more steady and cer_tain, and Encouragement may open new Markets.

Our great Care and Study therefore ought to be to enlarge the Exports of our Manufactures, where there is so much room for Improvement; but more especially to our own Plantations, where it is in our power to enable them to purchase all their Clothing of us.

'Tis the Prudence of the Dutch to draw all the ingenious Artists and Manufacturers they can into their Dominions.

They also take care that all Materials for Ma_nufacturies be render'd as cheap as possible: And this Fore-sight of theirs has enabled them to do those Wonders by Trade which they have done. And the French are now vigorously persuing the same Methods.

And it is the Opinion of a great many judicious Gentlemen, that if we, in like manner, endea_vour'd to draw in Artists and Manufacturers into this Nation, we might very easily consume the Corn among ourselves which we now export: That one Bushel of Wheat spent at home by ad_ditional Manufacturers is of six times the advan_tage to the Nation as a Bushel shipped abroad; because in spending one Bushel of Wheat at home, there is five times the Value spent in Flesh, and all sorts of Provisions, Beer, &c. that is to say, the Value of one hundred thousand Pounds spent in Wheat, would create the Consumption of five hundred thousand Pound of the other Products of the Earth, beside the Addition of Clothing, House-rent, &c.

But instead of a Bounty, or the Duty drawn back on wrought Iron, it pays per Cent. outwards, and 20 per Cent. Custom inwards.

There is a very great Duty on several sorts of Dying-Stuffs, which makes our woollen Manufactures go dear abroad; a great Excise on Soap, Candles, Leather, &c. And if those Duties are not taken off, it is greatly to be fear'd the Dutch and French will have an Advantage over us in Manufactu_ries, and draw away many of our Manufacturers also.

As I have already mention'd the Advantage we receive by the Sugar and Tobacco-Plantations, I shall now shew the Difficulties some of the Colo_nies are under for want of being put into a way to make Returns, particularly New England.

Their great Delight is to wear English Manufac_tures, but the Difficulty of coming at them is very great; hitherto they have found no Silver Mines, and have never been put into a way to provide any thing to send us, that the Coun_try produces, but Pitch and Tar, Turpentine, and Ships of their own building. Those Articles will go but a little way towards clothing such a Number of People, and therefore they are forced to visit the Spanish Coast, where they pick up any Commodity they can traffick for, to carry Lumber and Provisions to the Sugar-Plantations, and to the Logwood-Cutters at Campeachy, and there exchange them for the Product of those Islands, &c. which they generally send to us; they are forced to catch Fish, to make Pipe and Barrel_Staves, &c. which they send to Portugal, Spain, or the Straits; and lastly to build a great Num_ber of Ships, the only Manufactury (except Tur_pentine, Pitch, and Tar) in that Country, that they can send us, which they often sell with their Cargoes in Portugal, and other Parts of Europe, as well as in England.

By these Methods they make a shift to scrape up about 150,000l. per annum, to pay for the Goods they buy of us. 'Tis almost incredible that they should be capable of raising so great a Sum; and yet if they could find out Methods to raise more Money, their Demands for our Manufactures for their Supply would be vastly greater; for want of which they are forced to fall on the Woollen, Linen, Iron, and Leather Manufacturies, or any other wherein their Servants or Negroes can be serviceable to them.

This hath given great Uneasiness to the Manu_facturers and Merchants, as well as Sailors of this Kingdom, and occasion'd many to say, that they strive to carry away our Trade; that they have, great and small, near 300 Sail of Ships in New_England alone.

But the Persons, who have received such No_tions, ought to consider, that this Number con_sists mostly of small coasting Sloops; and that as to their larger Ships, the Merchants of Great Britain are Owners in great Part; and from these Ships, and their Cargoes, is produc'd all the Mo_ney we receive for our Manufactures.

If they had more Ships, and as well employ'd, that could be sold with their Cargoes in Europe, the Demand for our Manufactures would be so much the more enlarg'd, as the Opportunity of making Returns amounts to.

But if they had Encouragement, we might re_ceive all our Naval Stores from them, which we now have from Sweden, Norway, &c. and for which we are forced to pay in Gold and Silver.

For our own Plantations abound with divers sorts of Wood, viz. Gum-Wood, Mehoggony, Wild Cherry, Chestnut, Cypress, Cedar, Wallnut, Hickery, Oak, as well as the common sorts of Wood which we receive from Sweden, Norway, and Germany; which (if the Duties were taken off) might be imported cheaper than we have them from thence. They have made excellent Pot-ashes, they produce very good Flax, have rais'd very great Quantities of it, and have be_gun on Hemp; which grows so high on rich Grounds, that 'tis difficult to dress it at full Length.

In Carolina they produce the best Rice in the World; and if that Trade was well directed, it might supply Portugal, Spain, and Italy with it, as well as the other Parts of Europe.

They have extraordinary rich Copper-Mines: and if search was made, 'tis thought some of a better nature may be found.

They have Iron-Stone all along the Continent, from the Southermost Parts of Carolina, to the Northermost Part of New England, in great Plen_ty; some of it, upon Trial, has made extraordi_nary good tough Iron, and very good Steel.

No Part of the World abounds more with prodigious Quantities of Wood, nor has more Rivers and Streams than that Part of the Conti_nent. There is so much Wood, that the great Charge of the Planter is to clear the Ground.

And as no one Undertaking consumes so much Wood as Iron-Works, if they were erected, the Land would be cleared of the Wood, the Air puri_fied, the Ground made fit for Hemp and Flax, and the best Timber might be preserv'd for bringing home.

In charcoaling the Wood, there will be a very good Opportunity of drawing Pitch and Tar out of the Pine-Trees; and no Wood, according to the best Observation, makes better Charcoal for Iron-Works: and all this without any other Charge than providing Fewel for the Iron_Works, such a De_pendency have these Operations one upon another.

And as there are so many Circumstances that at_tend the making Iron in our own Plantations, if proper Encouragement was given, it may be brought to a very great Perfection, and such Quan_tities made, as to exceed in value any other Pro_duct of our Plantations.

Iron is a Commodity of universal Use, staple, and certain in all Parts of the known World; con_sequently as much to be valued as Silver or Gold; a Commodity that will be carried every where as Ballast, at little or no Charge.

And whereas the Dutch do supply Portugal, the Straits, and Turkey with great Quantities, if we could be so happy as to have a full Supply from our own Plantations, either by Adventurers from hence, who would lay out their Estates in erecting Iron-Works, or in Exchange for the Woollen or other Manufactures which we export to those Places; we should not only ballast our Ships with Iron, but export great Quantities, not only all over the Straits and Turkey, but even to India and Africa; and soon become Masters of a good part of the Trade.

And as we were once dependant on the Swedes for Pitch and Tar, we must remain so still to them for Iron, as we must to Norway and to them for Boards and Timber, and to Muscovy for Hemp, unless some Care is taken to relieve us from such a Dependency: For tho 'tis probable we shall soon have a sufficient Supply of Iron from Sweden, yet upon any new Rupture with any of them, our Ma_nufacturers may be put to the same Difficulty as they have lately been under.

And as the Czar has all the principal Ports from whence we receive our Supply of Hemp in his own Hands, it is more than probable that he will endea_vour to play the same Game that Sweden did with their Pitch and Tar, viz. oblige us to receive it by his own Shipping, and at his own Prizes. Possibly this was what was aimed at in the Projects some_time since offer'd to England, France, and Holland, one after another; and for the same Reason might be rejected by them all. It is therefore very dan_gerous for us to depend on a Supply of Hemp from those that endeavour to get from us a part of our Trade and Navigation.

'Tis said the French have transported above 20,000 People to their new Settlements of Missi_sippi within this little time: and as they are so sensible of the Advantage of Colonies, and can by degrees compass all their Designs (witness His_paniola, Cape Breton, and Newfoundland) I believe almost every Body will agree 'tis now time to look about us: And since they go on with such extraor_dinary Vigour in transporting great Numbers of People, and give so great Encouragement to those who will transport themselves thither, and have made such strong Forts all along the River Canada, and on the back of our Settlements, it will be well if they admit our Limits to come near them.

We indeed claim a vast Tract of Land to the Westward of Carolina, Virginia, &c. but we find the French have brought their Settlements already close to the back of ours. The late French King having granted all the Lands bordering on the English Settlements of Carolina, &c. to the Sieur Crozat, in which the River Avabash is included, which runs close to the Apalatinan Mountains, (Hills that run above the Heads of those Rivers which have their Course thro Carolina and Virginia,) Places most convenient to build Forts for protect_ing the Skin-Trade, and vending our Woollen and other Commodities; 'tis thought some valuable Mines are contain'd in those Mountains. If they should seize them, or lay hold of part of them, and afterwards on the Heads of the Rivers leading in_to the Virginian Sea, and desire to carry their Na_vigation that way, it may in time create Misunder_standings.

In my humble Opinion, the surest way to pre_serve our Claims and Properties to our Colonies, is by peopling them, as the French do theirs; and building Forts and Settlements on our Frontiers, as they do on theirs. Their Navigation is so far up, both the Rivers Canada and Missisippi, that, not_withstanding the great care taken, they will often want Supplys: and our Plantations lying all along the Sea-Coasts, with the River Canada and Missisippi on our Backs; and their Settlements being on those Rivers, and about the great Lakes, ours and theirs will be so near, that it will be impossible to prevent their supplying themselves with Woollen and other Goods from our Frontiers.

There is no doubt but the Missisippi Compa_ny will give their own People all the Encou_ragement that can be thought on; for 'tis said a great number of Negroes will be dis_tributed among them at the Company's Charge, and that experienced judicious Persons will be ap_pointed to examine and consider what Productions may be raised from the several Parts of the Country, and proper Directors appointed to see that the People go on regularly in raising what e_very Part is most capable of producing, till the Planters shall have Skill and Experience to con_duct their own Affairs, and the Tract is perfectly beaten out, and the People settled in it.

If the French Settlements have all these Encou_ragements, and ours should be debarr'd making Iron, and not encouraged to send it home in Pig or Bar, nor admitted to send home their Boards and Timber, and the other Commodities which I have already mention'd, 'tis easy to judge by the Artificers they get from us, what Draughts they will make out of our Plantations, for there is not so much as a Hedge between us and them to prevent it.

Our greatest Security, and the readiest way to enrich this Nation, is to give the Plantations En_couragement towards the producing those Com_modities before-mention'd, and any other that may be of advantage to us and them. No doubt People from all Parts, who are now made uneasy, would be glad to remove to such desirable Coun_tries as our Plantations are, much more desirable than those of the French, because the Navigation is not attended with the Difficulties of sailing some hundreds of Miles, up dangerous Gulphs, be_fore they can come at their Port.

A great many Families have transported them_selves from several Parts of Germany, Poland, &c. to our Plantations; and a little Encouragement would draw great numbers thither.

'Tis certain a very great Treasure may be gain'd to this Nation by peopling our Colonies: It is therefore to be wished, that some Countenance was given to several sorts of laborious People, both in Germany and Switzerland, who are but in_differently treated in their respective Countries, to transport themselves thither.

I think it will sufficiently appear, that the En_couragement of making Pitch and Tar in the Plantations has made us independant for those Commoditys; that now we have no need to bribe any Ministry, nor supplicate any Prince in the World to supply us with them Vid. Dr. Robinson's Letter before recited. for our Gold and Silver; also that our Plantations can effectually supply us with all other naval Stores; and that if they had Encouragement to pro_vide Iron, Hemp, Flax, Boards and Timber, we should be effectually supplied with all those Com_modities, not only for our own Use, but for Re_exportation; and that as soon as the Planters had other Employments to turn their hands to, they would presently abate sending Pitch and Tar in so great Quantities; and what they did send would be as good as that from Sweden, as I am credibly informed some of it is which is lately arrived.

And not only so, but more Commodities and Goods to greater value, may be brought home for Re-exportation than what we now re-export of the Product of our Sugar and Tobacco Plantations, and that the additional Navigation to our Plan_tations will be more than double what it now is.

That as the great Obstruction to the Naval Store-Bill was the Fear of injuring our Iron_Manufacturys, nothing can hinder it so much as preventing their sending us what they can raise from their natural Product and Soil.

For as they have 14 or 15 Iron-works, as I have already hinted, if they can't have liberty to bring hither Bar or Cast-Iron, &c. they will want Ef_fects to purchase Iron and other Manufactures with us, and consequently must be forced to work up their own Iron, &c. whereas if they might export hither those Commodities I have mention'd, they might barter them for manufactured-Iron, and other Manufactures.

But because 'tis pretended that the Iron Manu_facturies of this Kingdom might be damaged, and our Exportation of Iron to the Plantations lessen'd, by making Iron there; and that therefore the great Advantages that would come both to us and the Plantations by the Naval Store-Bill must be lost:

I shall, before I conclude this Letter, propose a Method that I hope will sufficiently satisfy the Gentlemen that are really under those Apprehen_sions, and preserve not only that Manufactury to us, but also shew how our Navigation may be ma_naged so as to prevent the Inconveniencies which are alledged we receive from the New-England Ships, and leave to them the same Advantages which we enjoy in our Navigation.

But I would first say something of the Advanta_ges the Colonies will receive by turning their hands from the Manufactures which interfere with ours, and employing themselves in providing the afore_said Commodities for sending home.

That which has enabled our Tobacco-Planta_tions to outdo the Tobacco-Planters of Europe, is the Cheapness of their Land, and the cheap Work of their Negroes. They have their Lands at a small Quit-rent, which will enable them, when once got into the way of it, to outdo Russia it self in the Cheapness of their Hemp and Flax, as it has done in Tobacco. They are now at a very great Charge to clear their Ground of Wood, which when cut down is of no manner of use to them; but a small Addition to their pre_sent Charge, would make it into Charcoal or Pot-ashes.

The Russians bring their Hemp and Flax, which is shipt off at Archangel, above 500 Miles by Land_Carriage, and above a thousand Miles down the Dwina, before 'tis put on board: But our Plan_tations lie all along the Continent, near the Sea_Coast, and there are every where Rivers navigable into the Country. Geat part of the Land is very rich, and fit for Hemp and Flax; and 'tis a much easier Navigation from thence to England, than it is from Archangel.

Hemp and Flax require very rich and strong Land, which must be often dunged; but in the Plantations, when it has bore 2 or 3 Crops, their Land is of so small value, they can afford to lay it down till it recover itself, and break up fresh Ground. By these Methods the Productions of the Land will soon stock them with Hemp, Flax, Boards, and Timber, which will enable them to purchase our Woollen and other Manufactures.

And when this Privilege is given, many of them would be content that a Bounty was allow'd to import their Wool into England, as well as their Hides, because every thing (as they say) would help to pay for our Manufactures, which are ready prepared for them.

This Method would contribute to enrich this Nation; and it will not only be a Happiness to us to have their Wool to manufacture, but it will take it out of their way.

The Blanket-Makers of Whitney will be glad of the worst of it, and work it up into Blankets, and send it them again wrought up, which at this time is a very great Trade to the Plantations.

We should by this means transfer the Employ_ment we give the Danes and Swedes (which we pay dearly for in Gold and Silver) to our own Peo_ple in the Plantations, and pay them for their Labour and Productions with the Labour and Manufactures of this Kingdom; and at the same time have the whole Navigation to our selves.

In the third Year of the late Queen's Reign, a Bill pass'd for allowing a Bounty on Hemp im_ported from the Plantations, which was again re_new'd in the twelfth Year of her Reign for eleven Years longer, which time draws towards a Con_clusion; and as no Persons have undertaken to import any Hemp into this Kingdom all this time, 'tis not likely they should now begin, un_less there be a farther time granted for allowing a Bounty.

And whereas there was no notice taken of Flax in that Bill, if the same Bounty was allowed on Flax as on Hemp, it might have induced the Planters to sow both together; for they are Com_modities sowed in the same sort of Ground, and order'd in the same manner: If one fails, the o_ther may hit. They are both naval Stores, Flax being used in making Sail-Cloth.

But beside, it will be of extraordinary advantage to the Nation: For the Lands in Great Britain be_ing (as I have already observed) too dear for sow_ing Flax, and therefore the Quantity sowed not allowing work for above four or five Months in the Year, many thousand of People both in the North of England and Scotland are unimploy'd all the rest of the Year.

'Tis by such Misfortunes that People learn idle Habits, and with difficulty are brought to work again: But if they were kept at full Work, they would make twice the Quantity of Linens that are now made. And the extraordinary Plenty of Flax that might be produced by this Encourage_ment, would give opportunity to many thousands of People, now out of Employment, to fall into this Manufactury; and we need not go far for a Market, ours being the best in Europe.

Where care is taken by the State to put their People into proper Methods, many fair Opportu_nities of enriching Kingdoms are gained.

The late French King, stirred up by the power_ful Opposition he met with upon his invading the Provinces of Holland, found that Treasure, and not Largeness of Territory, was what enabled the Dutch to oppose him; that their Riches arose from their Manufactures, Trade, and Navigation: and therefore he determined to follow their Example.

The first Undertaking was to tempt skilful Mas_ter-Workmen and Manufacturers from other Coun_tries.

The Golden Bait was laid before Vanroby, a Dutchman, who took it; and in consideration of a large Sum advanc'd him, and Liberty of Conscience to him and all his Descendants, and a Minister of his own Persuasion allowed to preach to them, he removed to Abbeville, with a Train of Workmen. And 'tis remarkable that this was done about the same time that the French King persecuted his own Subjects for their Religion.

By this means the Woollen Manufactury was established there, and spread it self into several other Parts of France; and divers other valuable Improvements were made in Trade, not only in providing Materials for Manufacturies on the very best Terms, and enlarging their Navigation, but in peopling their Colonies abroad.

The Spirit of Trade that then began among them, has continued ever since, and seems now to rise higher than ever.

Their stealing away some of our Weavers to settle at Tankerville so lately, and several other At_tempts which they have succeeded in, shows how necessary it is to be upon our guard, and, if possi_ble, to keep our Workmen to our selves; for if the French Emissaries can come at them, there will be no Encouragements wanting to tempt 'em away.

And the Emperor is now trying to establish Woollen Manufacturies in his hereditary Domi_nions: and the Methods taken to restrain and obstruct the Consumption of our Woollen Manu_factures in those Countries, amount to a Prohibi_tion upon several sorts of them; tho, at the same time, our greatest Supply of Linen is from his Provinces of Silesia, Bohemia, and Moravia, which amount to a vast Sum yearly.

If part of that Money could be saved, by find_ing Employment for more of our Poor in the Linen Manufactury, I hope it would be very pleasing to every Body: and I am humbly of opinion, that al_lowing a Bounty on Hemp and Flax from the Plan_tations would effect it.

Indeed all the Naval Stores proposed in that Bill are Commodities which we are forced to have from abroad, for which we pay mostly ready Mony.

I know several People have a very mean Opi_nion of the Linen Manufactury; but that must proceed from want of knowing it better.

The Manufactury of Linen may be altogether as profitable as that of Wool.

Some Persons both in Somersetshire and Dorsetshire, that threw off the Woollen Manufactury at the Revolution, and went upon making Linens, have found the Advantages thereof.

As we cannot have Flax and Hemp grow but on our best Lands, and many Landlords not allow_ing their Tenants the Liberty of sowing either Flax or Hemp, because it impoverishes the Land; for this reason there is but a poor Progress made at home in that Manufactury, to what it is capable of.

The Flax is inconsiderable in value to what it is when made into Cloth: A Pound manufactured may be worth a whole hundred Weight of Flax.

And a Bounty given the People in the Planta_tions, is but a mere Trifle towards their Labour; the Extent and Cheapness of their Lands, and cheap Labour of their Slaves, will enable them in a little time to afford it us much cheaper than we can raise it our selves, or import it from Russia or any other foreign Market. The Pitch and Tar already men_tion'd is a full Proof thereof; and the People in the Plantations want nothing but a little Direction and Encouragement to put them to work.

It is a hard Matter to turn People from the Employment, to which they have been accustom'd, to a new one; and as Necessity put the Inhabitants of the Plantations on Manufacturies for their Clothing, &c. if this new Employment be pro_vided for them, some Care ought to be taken to turn their Industry to enter upon it: and therefore some gentle Restraints may be laid on those Manu_facturies which too much interfere with ours. And as the great danger we are to fear is from the cheap Labour of their Negroes, they ought to be entirely excluded from being imploy'd in any Manufacturies.

For no body will think it reasonable, when a Nation has spared her People to settle a Colony, that their Arts, Mysteries, and Skill in Manufacturies, should be transmitted to the Slaves of those Planters.

Therefore as they are only intended for Plant_ing and doing the Drudgery of the Plantations, they ought not to work at any sort of Iron-Manu_factury, further than making into Pigs; nor be admitted to weave, or comb, or spin any Wool, nor to spin or weave any Flax for Linen-Cloth; nor to work up, or be admitted to manufacture Hats, Stockings, or Leather.

And if after a certain time allowed for notice, any Negroe or Slave is found working at any of the aforesaid Manufacturies, 'tis proposed that his Master or Owner shall forfeit his Right and Title to him or them, and the said Negro or Negroes shall be transported out of all the Plantations on the Continent to some of the Sugar Islands, or to the Spanish Plantations, there to be sold, &horfill; &horfill; for the Benefit of the King, and &horfill; &horfill; for the Benefit of the Informer.

And there is reason to believe the Planters will be content to have their Negroes excluded from working at any of the aforesaid Manufacturies, provided they may imploy them in raising Flax and Hemp, making Iron, Boards, &c. and be suf_ficiently encouraged to send them hither; and that they will consent to any further Regulation that may be thought necessary to prevent their inter_fering with the Manufacturies of Great Britain.

It is therefore proposed, That every Mas_ter-Weaver, Smith, or Comber, in the Planta_tions, shall be obliged to appear before the Go_vernour of each Province, there to register his Name and Place of Abode, and take a Licence, and pay for the Liberty of exercising his Trade, and to leave a faithful Account of the Number and Names of the Journeymen he employs: And every such Journeyman shall be obliged to appear before the Governour, and register his Name, and take out a Licence for working with such a Master, and shall pay for a Licence; which Licence shall con_tinue for one Year, and no longer; but if he changes his Master, he shall be obliged to change the Register of his Place of Abode to that of the Person he is going to reside with.

The Governour of each Province shall be oblig'd to transmit a faithful Account of the Number of Master-Smiths, Master-Weavers, Master-Combers, Number of Looms, and Number of Journeymen employed in each Manufactury: which Account shall be every Year transmitted to the Lords of Trade and Plantations, with an exact Account of all New-comers and of their last Place of Abode.

By this means the Lords of Trade will always have an Opportunity of seeing the Increase or Di_minution of the Manufacturies of the Colonies, which may be encouraged or depressed, according to their Wants, or the Danger of their too much interfering with us.

This Method will be far from destroying the I_ron-Works, or ruining the Proprietors of them, or from preventing the Husbandmen from get_ting their Plow-shares, Carts, or other Utensils, mended; or from destroying the Manufactury of Ship-Building, by depriving them of the Liberty of making Bolts, or Spikes, proper for carrying on that Work. And yet 'tis hoped it will more ef_fectually prevent the Increase of Manufacturies in the Colonies, than the severest Clause could do, by preferring to them Employments of so much greater value.

'Tis undoubtedly a great Detriment to the Trade of this Nation, to suffer Ships to sail from the Plantations to the Straits, &c. and return again, without being obliged first to come home, and to clear out from hence for the Plantations.

For, notwithstanding the Laws against taking in any of the Manufactures or Merchandize of those Countries, Sailors and Super-Cargoes will break thro them; and when they receive Money, will invest part of it in some Commodity or other, to carry back with them; and they never want Opportunities of buying Italian Silks, French Silks, Stuffs and Druggets, Indian Silks and Callicoes, French, Dutch, and Hamburgh Linens: by which means the Money that should be brought to us, is laid out in foreign Countries.

This irregular Navigation draws away more of our Sailors to settle in the Plantations, than any one Imployment that can be named.

For abundance of West-Country Vessels that go to New-England to purchase Fish, make seve_ral Voyages without ever touching in Great Britain, it being entirely out of the way.

This Practice calls over the Wife to visit the Husband at New-England; and when they are to_gether, they soon become Inhabitants, and so we lose our People and Trade too.

Therefore to regulate this Trade, and render it equally advantageous both to Great Britain and the Plantations, it is proposed that all Ships belong_ing to the Plantations, who take in a Loading of Fish or Lumber for the Straits, shall be obliged, be_fore they return to the Plantations, to come to Great Britain, and bring the Produce of their Cargoes with them, and then clear out for the Plantations.

This Method will put both our and their Na_vigation upon an equal and just Foundation; and must satisfy those Gentlemen who were uneasy to see so many of our Seamen carried away into the Service of the Colonies.

I know it will be objected, that so many Ships being obliged to return to England from the Straits, many of them must come home empty, and con_sequently be a dead Loss to the Owners.

But if this Regulation is made in our Navi_gation, those Ships that discharge in Portugal, Spain, &c. must come to Great Britain before they return to America; and may afford to take in a Loading at a smaller Freight than either the Dutch or Hamburghers can send their Ships thi_ther, and return; and consequently will become the common Carriers for them both: for the Dutch Merchants, &c. study all frugal ways to render their Goods as cheap at Market as possible.

The Navigation now carried on between the Plantations, Spain, Portugal, and the Straits, with_out coming for England, is for Fish, Timber, Boards, Pipe-Staves, and other Lumber; and be_cause of the Quickness of the Voyage, great Quantities are sold in those Countries, for which large Sums are remitted, and laid out to purchase Manufactures in England.

But very few Plantation Certificate-Goods are sold there, because bulky Commodities will not bear the Charges of importing into Great Britain, of passing Debentures, and Re-shipping, and Freight, to the Straits, which cannot be less than 5 or 6s. per Hundred; which is in a manner a Pro_hibition upon Sugar, Tobacco, Rice, and all other bulky Commodities, the one half of which would be a great Profit to the Merchant.

Some Years since the Rice of Carolina was car_ried directly to Portugal, &c. and great Quanti_ties were sold there; and so well approved, that it beat out the Rice of Verona and Egypt wherever it came; and large Remittances were made from thence to England for the Produce thereof.

But as soon as this Liberty was restrain'd, our Markets to Portugal, &c. were lost, and the Plan_ters fell under such Discouragements, that they have not proceeded with the same Vigour in rai_sing Rice ever since; which is a very great Loss to the Manufacturers of this Kingdom: for all the Money which our Planters can raise, is sent here to buy them Clothing and Necessaries; so that England loses the selling of just so much in Manu_factures and Merchandize as is abated in the Quan_tity of Rice that might be exported to Portugal, &c. For our People in the Colonies think it their happiness to be clothed with our Manufactures, and while there, to scrape up something to send home, that if possible they may return to Old England, their original Soil, and here, in Plenty and Ease, spend the Remains of Life.

Suppose we now send to Spain, Portugal, &c. from all the Plantations, to the value of 100,000l. yearly in Fish, Lumber, &c. and this Money is remitted to England, and laid out in our Woollen and other Manufactures, it is all Profit to us; but if the Merchant be debar'd this short Na_vigation, and be obliged to land them in England, and reship them, we should not send one twentieth part to the Straits, &c. that we now do; which Loss would fall on the Manufactures, Product and Merchandize of England.

If those who sit at the Helm would be pleased to consider what Productions of the Plantation will bear bringing home, and reshipping to Spain, &c. and what will not, they might, by their Pru_dence and Foresight, direct every Branch of the Plantation-Trade to be improved to a very great degree: And if Port-Mahon was made a free Port, bulky Commodities might be lodged there, when Markets did not answer, till there was a Demand for them, which would soon draw a considerable Trade thither; and would also be attended with so many Accommodations in favour of the Trade of Great Britain, that it deserves a proper time to explain, and set forth the Advantages thereof.

Portugal, Spain, the Straits, and the Levant, consume a large part of the Commodities brought from America, and might be great Customers for the Products of the English Plantations, could they be carried directly to them upon an easy Freight; therefore all Goods that are not capable of Manu_factury, and cannot bear the Charge of bringing home and reshipping, might go directly to the Straits: which would greatly inlarge the Sales of our Plan_tation-Commodities, and draw hither the Silver and Gold of the Indies, without digging for it.

I have carried this Letter to a much greater length than I at first intended, tho I have only touched on several things as necessary Hints to lead to further Inquiries: I have also omitted some things in which there is room for further Information. What I have writ has been at spare Minutes in the Intervals of Business: But I hope to find leisure to enlarge on some Particulars I have now touch'd upon, and also to treat further upon some Points in Trade, and the natural Advantages belonging to Great Britain, that may be greatly improv'd for the Benefit of the Pub_lick.

POSTSCRIPT.

IT has been alledged our Iron is made with Copps-Wood, and we should not have Con_sumption enough for it, were it not for Iron_Works.

But I believe upon Enquiry, it will be found, that Copps-Wood is chiefly used in drawing Cast_Iron into Bar, which bears but a small Proportion of the Consumption of Wood to that of melting down the Oar into Cast-Iron.

But if the largest is used in Furnaces, it may certainly be used to more advantage in making Pig-Iron into Bar: and, as I have already observ'd, our Iron-Manufactury cannot be fully carried on, without about 20,000 Ton of foreign Iron added to what we make.

It will be greatly the Interest of this Kingdom to promote the Importation of Cast or Pig-Iron from the Plantations, by taking off all Duties, and allowing a small Bounty to encourage the Beginning of such an Undertaking (without which it is to be feared little Progress will be made in it) in order to be wrought into Bar_Iron here.

For I am informed, the same Quantity of Wood that will make as much Sow-Iron as is sufficient for one Ton of Bar-Iron, will make near four times the quantity of Pig into Bar-Iron; and the number of Poor employ'd in forging Iron into Bar, will be abundantly more than can work at Furnaces.

Supposing, for Argument, our Copps-Wood now makes 8000 Ton of Iron from the Oar into Cast-Iron, and from Cast into Bar, the same Quanti_ty may make 30,000 Tun out of Pig into Bar-Iron; and if that Quantity is not enough for Home-Con_sumption, it may be enlarged to 40 or 50,000 Tun, without breaking in upon our Timber.

For if we have Cast-Iron from the Plantations, any Part of the Kingdom, to which there is Water_Carriage, and Wood and Water convenient for erec_ting Forges, may have the same opportunity of making Pig into Bar-Iron, as those already erected. And there are very few Counties in the Kingdom but have the Conveniency of navigable Rivers or Water-Carriage to them, and may, if Gentle_men please, partake of the Advantages, as well as those Counties that have Iron-Oar and Fur_naces among them.

And as several Gentlemen are desirous to en_courage the Importation of Pig-Iron, and not Bar, from our own Plantations, fearing it might inter_fere with the Bar-Iron made here; yet the Bar_Manufactury may be carried on to the great Ad_vantage of those Gentlemen of this Kingdom, who are willing to be concerned in Iron-Works in the Plantations, without any manner of De_pendency on Great Britain for a Market.

For if Bar-Iron was brought home from the Plantations, and lodged in the King's Ware-House, till sent to a foreign Market; or carry'd directly to Portugal, Spain, and the Straits, as we do Lumber, Fish, &c. we should find Markets enough for all that will be made, the Value of which would be sent us home in Gold or Silver.

FINIS.

|CEC |Y1731 REMARKS Upon a BOOK, Entituled, The PRESENT STATE OF THE SUGAR COLONIES CONSIDER'D. Wherein some of the Consequences and Effects of Restraining our Trade are examined. &horbar &horbar LONDON: Printed for J. Peele at Locke's-Head in Amen_Corner, Pater-noster-Row. 1731. REMARKS Upon a BOOK, Entituled, The Present State of the Sugar Colonies considered, &c.

IT is not possible that the Island of Barbadoes in particular, with_out making less Sugar, can ever make more Rum than they have lately made; nor can it be ima_gined, that they will make more Sugar there in a Year, than hath been made there in Time past; yet all the Sugar, Rum, and whatever has been produced there, has been taken off their Hands, at a Price too al_ways above what these Goods might have been purchased for from the French. Now suppo_sing our other Islands to have produced all the Commodities which they possibly could, and that all those Commodities have been constant_ly taken off their Hands by England, and our Northern Plantations, and have not been e_nough for them; but they have been under the Necessity of taking vast Quantities of Molosses from the foreign Islands; which some of those Northern People daily distil into Rum, and are likewise glad to take some Rum from these Foreigners to supply their Indian Trades, their own People, and, what is still more absolute_ly necessary, their Fisheries, which above all Trades whatever deserve the highest Encou_ragement. Supposing this to be the Case (which it really is) then it is obvious that our Northern Plantations ought not to be restrain_ed from trading to the foreign Islands. In ma_ny Trades it is not easy to distinguish the pro_fitable from the disadvantageous. This of the Fishery is an inexhaustible Mine. Hence ari_ses more visible Advantage than by any Trade which we drive; yet a very little Deviation from the Ways we are now settled in might ruin the whole Trade. I will take upon me to say, that if our Northern Colonies should be prohibited from trading to the foreign Islands, that in two Years Time the French in their own Vessels would supply all the Fishermen that were left (if any should be left) with Rum and Molosses from Cape Breton; and the Charge to prevent this (if it were possible) could not be sustained by the Trade.

But to reduce this Argument to Order. Barbadoes, all the Leeward Islands, and Ja_maica, produce all the Sugar, Rum and Mo_losses which they can produce; and these are all taken off their Hands by our own People, and our own Shipping: And though they do not produce sufficient for all our Demands, they desire that we will oblige ourselves to take none from any others, though those would sell us cheaper: And this they say is for our Inte_rest, which I am so blind as not to see; but should really think, that if after our own Su_gars, &c. were brought home, and we had not quite enough, and knew where to get them, especially when they were to be got cheaper, which I certainly do, that it would be better to send for them, than wait a great while, and at last be obliged to buy them out of Hucksters Hands. Nay I protest, so far am I from see_ing, as these Gentlemen would have me, that I think if we did not want an Ounce of any of those Commodities, and could be employed to bring all the Sugar from Brazil, and all the Rum, Sugar, and Molosses from the West-India Islands, that we might make as good a Hand of it as any trading People whatever, perhaps have full as much Profit upon the Whole, as the Owners.

Now admit these Islands could but just sup_ply our own Necessities, we should not have one Ounce for Exportation; whereas now we have just so much more as we bring home from all other Places. Let us not be so weak as, at the Loss of the Employment of so many of our own Shipping, and possibly the very Destructi_on of our American Fishery and Indian Trade, and consequently the Impoverishment of our Northern Colonies, to enrich those Islanders, who yet are the most opulent, most splendid, and gay People in all his Majesty's Dominions. But if these Islands are really under any Hard_ships, which I think won't be denied, when I fairly state the Case, and shew some Advantages that the French have over our Sugar Colonies, I persuade my self it will be thought the Interest of this Kingdom to take away all unreasonable and unnecessary Restraints upon that Trade.

The French by two several Edicts, one Jan. 27, 1726, and another in August 1727. took off a Restraint, which till that Time they had continued upon their own Sugar Colonies, viz. that of obliging all their Ships to come to France first, with the Production of those Co_lonies; and by those Edicts, gave full Liberty to their Merchants to send directly to Spain all Sugars, and other Merchandize, the Pro_duce of their Islands in America, (Muscovado or raw Sugars only excepted). By this the French, who I am confident, cannot navigate so cheap as we, have an Advantage of getting their Produce to Market cheaper; and conse_quently, supposing our Plantations and theirs upon a Par in all other Respects, can get, when our own would lose. Wherefore, tho' I cannot think it proper or convenient at this Time to restrain or prohibit our Northern Co_lonies, or indeed any other Trade that we have with the French in the West-Indies for Sugar, Rum, Molosses, or any other Productions of their Islands: Yet I am of Opinion that our own People ought to be put upon a Par, at least with those of any other Nation, especial_ly where it will not be attended with any ill Consequence to this Kingdom: And therefore to put our own Colonies upon an equal Foot with the French, I think that they ought to be permitted to carry their clay'd Sugar directly to any Part of Europe to the Southward of Cape Finisterre, obliging the Shipping to the same Rules and Restrictions that those are under, which carry Fish and Rice from our Northern Colonies there.

With me there is no Doubt of such Regu_lation being an Advantage to this Kingdom as we are now circumstanced. Suppose for In_stance, that John English is at Barbadoes pos_sess'd of 2000 Hogsheads of Sugar, and that he is well inform'd that all the Markets in Eu_rope to the Northward of Cape Finisterre are fully supplied with Sugars, he really wants to turn that Sugar into Money, and wants that Money in England; but, as I said before, Eng_land being supplied, and he wanting Money only there, and hearing also that his Sugars would sell in Spain or Italy, he carries them there directly and sells for Money, which he remits to England, in this Case England be_comes possess'd of the whole Money these Goods sold for at the best Market, only one Freight deducted, that is, the Freight from Barbadoes to the Place of Sale directly, which to Spain, or even to Italy, will not exceed the usual Freight to England. Now if he is oblig'd to go to England first, though he knows that Kingdom cannot take them off his Hands, and that he must carry them to Spain or Italy afterward, will he not have a great deal of Reason to complain, and may he not say, and reasonably too, "Why do you put me to this unnecessary Expence of double Freight and double Charge? Every Penny which I lose is lost to the Kingdom, or would be sa_ved to the Kingdom by the contrary Pra_ctice. For suppose, for Example, on this Account, here are 200 Men of your King_dom employ'd in this Service, for which your Kingdom is to receive a certain Price or Reward, is not the quickest and cheapest Way of doing it the best for you, as well as me? You have Business enough to employ those Men in afterward, or if not, they may be profitably employed by others, and by that Means acquire just as much more as I should save. Will not my Sugars sell for as much ~~more~~, when carried from our own I_slands directly, as if they had been brought to England and landed there, and then ship_ped off for such Place? Yes surely, and with less Waste to me, as well as Charge, the whole Produce of my Sugars will as cer_tainly center in England in one Case as the other."

I will defy any one to prove the contrary of this, yet do we still continue to restrain our own People from enlarging and extending our own Trade, while other Nations are using all the Means they apprehend to be in their Power to extend and enlarge theirs. Hence I appre_hend the Reasonableness of tolerating our Ship_ping to carry clayed Sugars to any part of Eu_rope within the Limits aforesaid; and whereas there remained as a Duty to the Crown about 8d 1/2 on every 112l. exported hence, I would propose, instead thereof, to pay to his Maje_sty's Receiver of enumerated Duties in all our Colonies, 12 Pence per Hundred upon all Su_gars shipp'd thence, for any Part of Europe to the Southward of Cape Finisterre. This is what I really apprehend will be for the Good of this Kingdom; we shall in all Respects be Carriers of the same Quantities we now are, and there will be gained or saved to this King_dom just so much as the Freight from Eng_land to Spain, or Italy, at least. This I conceive will put our Sugar Colonies upon a Par with the French; and I should really be very glad if I knew of any other Way of serving our Islands without Detriment to the Publick. Should we lay on any Duties upon the French Commo_dities imported to our Northern Colonies, they ought to be very small, lest we should lose what is so very beneficial, I mean the em_ploying of at least 15000 Tons of Ship_ping, and not less than 2000 Men, beside the Advantage of supplying our Fisheries and In_dian Trades cheap, thereby also enabling the Northern Colonies to make such considerable Remittances here in Money, as well as in Indi_go, Cocoa, Sugar and Rum. For, as they trade for all these Commodities with the French as well as English, whatever remains over and a_bove their own Use, is saved and sent home, more especially such Part or Commodity as was produced on any of our own Islands, which is equal to so much real Treasure brought into this Kingdom, either to supply our own Wants, or to sell to our Neighbours; for all which, beside the real Freight and Commissions stay_ing with us for ever, we send them in Return woollen Manufactures principally, by which Means we are greater Gainers than we should be by those who took from us principally the Manufactures of India, Holland, Flanders, or Germany; and all that is gained this Way, is by our own Labour chiefly.

The Lumber which our Northern Colonies supply the French with costs nothing but La_bour, and their Horses would be of no Va_lue, but for that Trade; and what is worst of all, if we did not supply them that Way, they could serve themselves, by which they would increase their Trade and Navigation exactly in Proportion to our Loss. With Lumber they might be supplied from their Settlements of Mobile, Pansecola, and Fort Louis, in the Bay of Apalachy. I will suppose a Sloop loaden with Lumber there, (and she may be as easily loaden there as in any Part of the Universe) and will leave it to any Man acquainted with Na_vigation and Freighting of Sloops, whether in Time of Peace particularly, if he were offer_ed twenty Shillings in a Ton more Freight from thence to Martinico than from Carolina, Virginia, Philadelphia, New-York, Rhode-I_sland, Boston, or any other Place on the Eng_lish Continent of America, he would not ac_cept of it from the Bay of Apalachy. I declare I would; and I am persuaded I could make more Voyages in a Year between Mobile and Martinico, than I could between Boston and Martinico, as I should be pretty sure of a fair Wind always from Martinico down to the Bay; the Time of gaining a Passage thence through the Gulph, would not be longer than the Advantage I had by the Shortness of the Passage down: And considering that in this last Case you are more out of the Way of NorthWest Winds, and never in the Way of them, but when they would be fair for you, really I can make but little Difference in the Choice of the Voyages; but admitting it were twenty Shillings per Ton, what a prodigious Sum should we lose, and the French be so little, if any worse, supplied?

Then as to Horses and Mules, they may be supplied with them full as cheap from the Spanish Coast. I allow that they must give perhaps thirty Pieces of Eight for each Mule upon the Coast in the Way of Trade; or if they purchase at Curasoa, as they generally have done, they pay so much Cash; I will suppose in this Case, after Freight and all other Charges, that a Mule in Martinico cannot be sold for less than 400 Livres (i.e.) 25 Pistoles there. In this Case Martinico is as well suppli_ed as if they could have New England Horses, or any other, at half that Price; and it will be allowed me by all who know this Trade, that I have not advanced any Thing about the Mule Trade which hath not been practised. Horses are of such small Value on the Coast of Coro, that as fine Horses as I ever beheld are sold for two or three Pieces of Eight each in Trade. These we cannot carry to Martinico, because the Charge would be the same, or more, than on a Mule, and they would not sell for above half a Mule's Price. I have been told by both French and Spaniards, that a Mule will conti_nue fit for Service 45 or 50 Years, and that they are not so liable to Diseases in any De_gree as Horses, though they use them more cruelly, and take no manner of Care of them. I have shewn where they may have their Lum_ber, and where they may again be supplied with Cattle more to their Profit than they now are.

I will just mention an Advantage which the Government at present enjoys by the Importa_tion of Rum, which I apprehend would be quite lost, should our Northern Plantations be restrained from trading to the Foreign Islands. All the Rum which our own Islands produce, is not sufficient to supply the Northern Colo_nies, if there be Truth in some Reports, and I am inclinable to believe them, viz. That Vide p. 19. of a Book, entituled, The Present State of the Sugar Colonies considered. there hath been 20000 Hogsheads of French Molosses manufactured into Rum in New Eng_land in one Year, beside French Rum import_ed; the Consumption on that Commodity must be prodigious there, for I am well assured that a Gallon of Molosses will make a Gallon of Rum; consequently there was, at only 63 Gal_lons per Hogshead of Molosses, (though they are generally from 80 to 100 Gallons) 1,260,000 Gallons of Rum made in Boston in one Year, which I believe is more than ever was import_ed in one or two Years into England. This will plainly prove, that if Boston must and doth ex_pend annually such a Quantity, or but half of it, by prohibiting the Trade between the Nor_thern Colonies and the French Islands, not one Drop of Rum could be brought home here, and consequently the Revenue would suffer just the Sum now received on that Head, un_til the French had settled into a Trade of send_ing their Rum to Europe, which there is no Reason to doubt but they would, as well as send Sugars to Holland and Hambourgh. Then I expect we should have French Rum import_ed here (as we now have their Brandy) to the Loss of all the Advantage we now receive by that Commodity.

Some Gentlemen, I am told, say, that the French would throw away all their Molosses, if the New-England Men did not take it off their Hands; whence they can have Reason for this, I cannot imagine. Fifty, nay forty Years ago, I have heard that the Molosses were all wasted in Jamaica. They produced fine Sugars may Years before they made any Rum, and were taught at last by the Barbadians to make Rum, even better than their own. The Northern Colonies used to take all that they produced at first, but when they excelled in the Goodness of that Commodity, and found that it would answer to send it to England, they raised their Price so high, that very small Quantities are taken from thence by the Nor_thern Colonies, yet they want not a Vent for all that they can produce; and I am well assu_red, that if Jamaica were now to be hindered or restrained from importing Rum or Mo_losses into Great Britain, or any other of his Majesty's Dominions, that they would not_withstanding such Restraint, have Vent for their Rum; and that there would not be one Drop less made, nor one Gallon of Molosses wasted, more than now is. The Dutch would be glad to carry it to Holland, if it were but a very little cheaper than it generally is in Ja_maica. It is not an unusual Thing for the home_ward-bound Ships in Curasoa to take in Pro_portion to the Price of Rum from three or four; to twenty Puncheons of Kill Devil, as they call it. I have known vast Quantities of Rum there at a time, as well as Sugars, from the English, French, and Dutch Islands, and the Island of St. Thomas. There are many Ships of vast Burden there frequently, and they are glad of Sugars, or indeed whatever will answer in Holland, to fill up; and if we were weak enough to suppose that the French would waste their Molosses now they have learnt (tho' God knows they knew before we did) how to extract a Spirit from Molosses, we should be as much deceived as those Gentle_men are, who think they could not be sup_plied with Cattle or Lumber but from our Plantations.

During Queen Anne's War they made Rum in Martinico, for I have tasted it on Board of more than one Martinico Prize during that War, and they then found Cask for their Sugar, Rum and Indico, &c. In the Year 1713, or early in 1714, when I believe that Island had never received any of our Northern Lum_ber, but such as they had taken as Prize du_ring the preceding War; then was I told by several Gentlemen of that Island, that notwith_standing that long War, they had increased their Plantations, Numbers and Produce to such a Degree, that they then employed three Times the Quantity of Shipping that they could before that War. At Fort St. Pierre, and Fort-Royal, there was then above sixty Sail of Ships, some of them of forty Guns, and all Merchantmen; even then there was a good deal of Wood upon the Island; and I have seen many Hundreds, I believe many Thousand of Tierces, made of the Wood which grew on the Island. I have seen the Coopers making them, and if that Island is now cleared, surely they would make free enough with Dominico, St. Lucia, and St. Vincent; as they hitherto have done for Mill-Wood, and their principal Timber, &c. Whereas if we were to exert our selves, as I believe we have a Right to do, and hinder them, have not I shewn where they could have enough? But the Danger of their encreasing upon our Backs in America ought to be of some Moment in our Considerations on this Affair, as well as the Increase of their Shipping and Navigation, which, in Case of any Rupture between the Crowns, would make them more formidable by Sea, where only we have any Reason to value them.

In the last mentioned Year a Person of my Acquaintance bought several Hogsheads of Rum in Martinico, as well as Sugar, and car_ried them to Curasoa. The Rum he bought for six Sol's, which was not 4d. Sterling per Gallon; for a Pistole then, and I think now is, 16 Livres: However so it was, and continued from 1713, to 1716, to my Knowledge, Then too were great Quantities of Money sent from Barbadoes to Martinico, and much greater Quantities brought back from Martinico for it: For as Money went by Tale among the French, and by Weight with the English, all the light Money was carried from the English, and the heavy brought from the French. I have re_ceived a good Pistole or Lewis d'Or there in Exchange for 32 Ryals, which I am sure did not weigh two Ounces; so that I am not so much surprized to hear, that that Island wants Money, and insists on Part Money, when they sell their Sugars, as I was then at their Weak_ness; and indeed if I had ever expected any Complaint against that Trade, I should have thought that our own People should have been the last to have made it. The Trade we carry on there is against their Laws: The Governor there, it is true, hath a Power to admit of Ne_cessaries being imported, at the Request of the Inhabitants; but if he were not constantly bribed by our People, he might see more clearly, and act more for the Good of his Countrey.

Monsieur Du Quesne, who succeeded Gene_ral Phelipeaux in the Government of that Place, knew the Interest of his own Countrey very well; yet he was better satisfied that Englishmen should bring Mules to that Island, for every one of which he received 100 Livres, than if their own People had done it, where he could have got nothing at all. Are there any of our Peo_ple trade there without bribing the Gover_nor? No, not one: Yet after all these Bribes paid and included, I can purchase forty Thou_sand Pounds of Sugar there for less Money, or less Goods, than I can in Barbadoes, or any of our own Islands; and, if permitted, could bring them to England, and afford them 20 per Cent. cheaper: But as I cannot do that in England, being restrained by Law, I carry those Goods to Holland, or Hambourgh, or Spain, or Portu_gal or North America, and there can actually gain 20 per Cent. more than I could have done, had I purchased them in Barbadoes. Why, say some People, "This is what we have been proving, and would have you believe this is a real Detriment to England. Had not the Englishmen better sit still, than carry Frenchmens Goods, though they get 20 per Cent. more by them than they can by their own, and leave the French to carry their own Goods themselves? They are able e_nough, we warrant you, and will soon be used to it. We, with the Assistance of the other Islands, can supply Great Britain, and the Plantations with all they want; though lately indeed we have proved, that the Northern Colonies have taken above half their Rum and Molosses from the French and Dutch, and all that we made besides, except what Rum we sent to England. Now notwithstanding we have really made as much Rum, Sugar, and Molosses upon the Island of Barbadoes, as is possible we ever can do again, because there's not a Foot of Ground unimproved in the whole Island. And though all the other of our Islands have produced as much Rum and Molosses as they were able to do, not wasting a Drop of ei_ther, and the Northern People took off all that too, and as much more of the French and Dutch, yet we can supply them our_selves; tho' we prove we all cannot, or have not, produced so much by one half as they have taken, and will want."

Another Thing hath been advanced which shews equal Strength, namely, that it is a Da_mage to this Kingdom to purchase Sugar at Martinico, especially with Money. I will sup_pose that an English Ship hath delivered a Car_goe in Barbadoes, for which her Merchant hath received 4000 Pounds; Sugars are so dear at Barbadoes, he will rather bring the Money home to England, than lay it out in a Commo_dity, when he apprehends that he shall lose by it; therefore so much Cash which, I will suppose, comes safe home, adds to the Kingdom 4000 Pounds. Another Ship and Man I will suppose under the same Circumstances at Bar_badoes; but being informed that Sugars are cheap at Martinico, with his 4000 Pounds goes thither and purchases Sugars; which as he can_not come to England with directly, he carries to Holland, where Sugars are never much dearer, or much cheaper than in England. I will ony suppose in this Case, that he bought his Sugars 10 per Cent. cheaper than he could have done at Barbadoes, which will be suffici_ent to pay Freight: When in Holland he finds, after deducting 10 per Cent. which will pay his Wages, and Wear and Tear for his whole Voyage, he has just 4000 Pounds left, which he brings to London. Pray, who maintained this Ship the whole Voyage? Certainly the Dutch. And who the other, but the English?

When I see and hear Propositions which are self evident, controverted and denied, and Im_possibilities advanced for Truths. When a Gen_tleman tells Mr. Britain there are two Places between the Tropics equally distant from your Kingdom, one is inhabited by Mr. French, and the other by Mr. English; they produce the same Commodities, and equal in Goodness. I know you have taken off all Mr. English's Pro_duce for many Years, and when you have had more than for your own Use, you supplied Mr. Holland, who, I have heard you say, paid you very honourably; and that you gained very well by him, he having paid the whole Char_ges you were at in bringing home, and carry_ing to him such Produce, which maintained a very great Number of your People very hand_somly. Mr. French hath offered to sell you his Produce 30 per Cent. cheaper than Mr. Eng_lish does, and you may send it to Mr. Holland more directly than you used to do, nay for a great deal less Charge and Expence; and tho' I know he would give you just as much for one as the other, you had better take Mr. English's: Tho' I allow, Mr. Britain, you might get 40 per Cent. more in one Case than the other; yet it is your Interest to trade with Mr. English only, tho' you might get more by 40 per Cent. by Mr. French, and take off all Mr. English's Goods beside. This, I say, hath been main_tained, and it remains a Doubt with some, as they say, whether Mr. Britain ought not to do as he is advised; tho' at the same Time too he is well assured that Mr. French designs to un_dertake that Business himself, and will, in that Case, be always able to undersell him, with Mr. Holland. Yes, there are People who say that Mr. Britain should not take any of those Advantages offered by Mr. French, tho' the Thing is demonstrable, that if he doth not, he will, in a little Time, lose all his Business with Mr. Holland, and be in Danger of wanting such Goods for his own Use and Consumption. What would any one think of Mr. Britain, if by such fine Argument he was persuaded to take their Advice? Why, that he was a Fool, or a Dotard. Yet this is all that they have to say.

I have so plainly shewn how the French have been supplied with Lumber and Cattle, that I persuade myself, that no Person ac_quainted in the least with that Part of the Globe, and the Trade thereof, will say, that any Thing which I have advanced, with Regard to their being supplied, for the future, from the Places, and in the Manner I have mentioned, either impracticable, or so much as improbable. I have set forth the Danger of our putting them under the Necessity of improving their Settlements in the Bay of Apalachy and Mississipi; how dangerous the Encrease of their Shipping and Navigation will be to us; the real Damage it will be to us, to lose the Employment of all the Ship_ping which we now employ in that Trade; or, what might be as properly said, lose the Employment of Twelve or Fifteen Thousand Tons of our Shipping, which the French now pay us for. Is there any one will say that they do not? That would be as absurd as to deny, that Spain doth employ an English Ship, in the following Case: Sen. Don Diego Cadiz acquaints Mr. John London, that he wants Long-Ells, Broad-Cloth, Druggets, Calli_mancoes, Bays, Fish, Tin, Lead, Wheat, &c. to the Quantity of 500 Tons; and lets him know what Commodities he proposes to pay him with, namely, Wine, Oyl, Cochineal, Wool, and Pistoles, &c. We are to suppose, Mr. London knows the Price current of all these Commodities, in Spain as well as in England; and seeing there's a great Probabi_lity of Advantage and Gain to be made, he sends a Ship of proper Burthen, for which, as it is his own Ship, he charges 30 Shil_lings per Ton Out, and as much Home. When the Spanish Cargoe arrives here, and is dis_posed of, he finds, after Freight, Commissi_ons, and all other Charges are paid and al_lowed, he hath neither gained or lost by the Neat Proceeds of this Voyage: But the Freight, tho' it may not be called all clear Profit (yet, supposing and allowing the Maintenance of all the Men which mann'd the Ship, and the Wear and Tear of the Ship included, in the constant Expence of our Nation) I say, that whole Freight would be clear Gains to he Kingdom, viz. Fifteen Hundred Pounds, which undoubtedly we received from Spain. Hence Spain may be properly said to have employ'd an English Ship: Whereas, if just the contrary had happened, that Spain had been the Carrier and Adventurer, had not we paid them the Fifteen Hundred Pounds.

I will now suppose, that the Gentlemen of our Sugar-Colonies were indulged, and that a Restraint was laid upon all our Shipping trading to the French Colonies, on any Pre_tence whatever. If the French could produce as much Sugar as they used to do, and send it all to Europe, which, I think, no Body will doubt would be the Case; and that they would send just as much more than they used to do, as our Northern Colonies took from them, and consequently encrease their Shipping on that Score too; they would, in that Case, influence the Markets, or Price of Sugars in England, just as they have hitherto done: For I will defy any Regulation in Eng_land, or our Plantations, to persuade Ham_bourgh, Amsterdam, or Cadiz, to give us more Money for our Sugars, than they will give the French for theirs, while equal in Goodness. Hence, while our Sugar-Colonies produced any Quantity of Sugars more than these King_doms and our own Plantations in America consumed, the Prices of Sugar in Europe would not be affected thereby, and consequently not in these Kingdoms, because there is so near a Proportion in the Prices of all Commodities between us and our trading Neighbours: And so far, I confess, I am not able to perceive any Advantages these Gentlemen propose, ei_ther to themselves, or to this Kingdom. As far be it from me to suppose they imagine, that as the Consumption of that Commodity is so much encreased in these three Kingdoms, and the Northern Colonies in America, that, communibus annis, we might take off, or be in Want of all that they produced, for our own Use. In that Case, they would have it in their Power to make us pay them their own Price, or be under the Necessity of buy_ing from the French in Europe; for when we have no other Market to go to, may they not serve us just as a famous trading People are reported to serve the World? That is, they let them have just as much Spice as they per_ceive they consume in Proportion to the De_mand of the Consumers: If they have great Quantities remaining, they will rather burn and destroy them, than sell under what they themselves call a good Price. I say, I would not so much as suggest that any Gentlemen could have any such Design; but I would reckon and esteem those People extreamly weak and imprudent, who put it in the Pow_er of any Body, or Colonies of People, to serve them so; and more especially when they, the Parties, seem'd so sollicitous about it them_selves. The Northern Colonies would be un_der the Necessity of paying them whatever they demanded for their Sugar, or be obliged to send to Europe for all that they wanted: And tho' those very Colonies took from our own Sugar Islands all the Rum and Molosses they produced, and tho' one Town in one of those Colonies took at least Ten Thousand Tons of Rum and Molosses, the Produce of one French Island, namely, Martinico, together with the vast Quantities of the same Commo_dities that were the Produce of Surinam, Guienne, Guadalupe, Granado, Cape Fran�ois, &c. that were imported there, and to all the other Colonies, all of which was but equal to their Consumption and Demand; yet these People in the Northern Colonies, in this Case would, according to the Opinion of those Gentlemen, be deprived of above one Half of those Commodities, which, by such long Use, are become absolutely necessary for them, in carrying on their Indian Trade and Fishe_ries, two of the most valuable and profitable Trades to this Kingdom, beside what is used in those Plantations where they produce Rice, Pitch and Tar, Tobacco, Wheat, &c. in all which, it is the Interest of this Kingdom that they be produced so cheap, that we may sup_ply other Nations with those Commodities, whereby this Kingdom will reap the whole Profit and Advantage.

Now, as the Gentlemen of the Islands would have these People in the Northern Colonies en_tirely dependent on them, and as they are sure they can have none of these Things from any o_ther Quarter, might there not be some Danger, if these Gentlemen were not Men of nice Ho_nour, that they would make the Northern People pay extravagant Prices, perhaps twice as much as they now do, which might entirely destroy the most profitable Trades we now carry on? I will defy any Person to prove that such a Restriction could have any other Effect, than to enrich the People of our Sugar-Colonies at the Expence and Loss of the Trade of this Kingdom, and the Destruction of some, if not many of our Northern Trades and Colo_nies. What these Gentlemen have done to raise such Expectations as they seem to be pos_sess'd with, I cannot imagine; but whatever Kindness may be intended them, I hope that the People in the Northern Colonies, who are as useful Subjects, will not be distressed, to aggrandize the most wealthy, most opulent, and gayest People in His Majesty's Domini_ons, even very few about his Courts excepted; nor the Publick Revenue lessened, nor our Trade contracted, to encrease that of our greatest Rivals, while we have or inherit the Name of Britons.

The Gentlemen of Barbadoes could not per_haps have taken a more improper Time to complain of any Hardships, as they have im_ported no less into the Port of London in the Year 1730. than 17077 Hogsheads and 256 Barrels of Sugar from that Island only, beside the Quantity imported to the Out-Ports, which I will only allow to be one Third of the Hogs_heads imported to London, viz. 5692 Hogs_heads, in all 22769 Hogsheads, each Hogshead Weight in Barbadoes 13 Hund will amount to 295997 Hund. which at 1l. 3s. per Hund. in Barbadoes, must amount to 340391l. 11s. no inconsiderable Sum, when we consider the Smallness of that Island, which is not much bigger than the Isle of Wight, and the Num_ber of People (which the Gentlemen of that Island assure us are very few) amongst whom this Sum is to be divided. But when we con_sider that all this is clear Profit, because those very Gentlemen have already proved before the Honourable Committee, that the Rum and Mo_losses pays all the Charges of the Plantation; and if we farther allow what we reasonably may, that but one twentieth Part of their Su_gar was taken off their Hands by the Northern Colonies, the whole Amount of their Profits in the Year 1730. only, comes to 360306l. 18s. a Sum so prodigious when considered as clear Profit, that it may seem incredible whenever it shall be related, that a few People (very few as they themselves say) were so bad Oeco_nomists, that they could not live upon such a mighty Income, but petitioned like People in Distress and under the greatest Calamities, for the Means of getting more, from a People unac_quainted with their Luxury and Excess, from a People who work and labour hard for their Liv_ing, from a People who have but few, if any Slaves, who inhabit Soils less fruitful, who are obliged to be Oeconomists or starve. Yes, such has been the monstrous Effect of the Luxury and bad Oeconomy of some People, that they have been intoxicated to so great a Degree as to persuade themselves, that for only asking they could oblige those who used not only to take all the Commodities they produced off their Hands, but were under the Necessity of taking from others to supply themselves, not to take for the future any such Commodity from any other, whereby they might be capable of making them pay double the Price for all Things which they produced, and the other wanted; the real Consequence of which would be, that the People on our Sugar Islands would get more Money for their Rum and Molosses and Sugar than they used to do. But who would they get it from? Either from our Northern Colonies, or England, or both. If that be the Case, as it undoubtedly is, how shall we be a_ble when they have advanced upon us, to supply those Markets we now sup_ply so cheap? But if we are by this Means to have no more than will just supply our selves and the Nor_thern Colonies, where will the Advantage be to this Kingdom to pay more for their own Consumption? Or what Reason can be given why we should oblige the Northern Co_lonies to pay more for their Consumption, which in Effect would be taking from the Northern Colonies to give to the Sugar Colonies; none of which could tend to increase the Trade and Navigation of this Kingdom, but on the con_trary that Number of Men and Quantity of Shipping now employed to the French and Dutch Sugar Islands (supposing all other Trades sufficiently supplied) would be useless; the King and this Kingdom would lose the Duty, Custom and Excise of a proportionable Quan_tity of these Commodities, as there could not possibly be so much imported here.

From what hath been said, I would persuade myself that few who read this will want to be convinced, as I really am, that there is no Oc_casion for any other Regulation in this Trade than that which I proposed about permitting our Sugar Colonies to carry their clay'd Sugar directly to any Part of Europe South of Cape Finisterre: And if a small Duty not exceeding 5l. per Cent. were laid on all French Goods per_mitted to be imported into any of our Colo_nies, and that Money so arising which I would have applied as a Bounty for the sending of Hemp and Flax from them to us: I say such a Duty upon French Goods, together with the Bribes given to Governours, &c. could not make them be afforded cheaper than our own, unless the French could produce much cheaper than our People; and if the last be the Case, we must not long think to supply those Mar_kets, which they can as conveniently do. We have all Sorts of Materials for carrying on of such Business cheaper than the French; name_ly, Slaves, Provisions, all Manner of Plantati_on Utensils, Cattle and Lumber; and as we na_vigate cheaper, our Islands can send their Goods cheaper to Market than any other People can. Is it not owing to our producing Tobacco so cheap, that we sell above 30000 Hogsheads every Year over and above our own Consump_tion? What is this owing to? Not the Excel_lence of the Commodity only: Other Countries produce Tobacco which will sell for more Mo_ney; but we produce so cheap, and navigate so cheap, that I have great Reason to think if we go on but a little while longer at the low Price it hath held at for some few Years past, that o_ther People will drop that Produce, and we may do in Tobacco what we once did in Sugar, namely, beat out all others, and make them decline the Production of that Commodity; this being once accomplished, as there is some Hopes, the Tobacco Trade will again flou_rish.

I have Reason to be of Mr. Gee's Opinion, who says Page 45, in his Book of the Trade and Navigation of Great-Britain considered: "Our Planters are so far from being concern_ed at the Decay of our foreign Trade, that they have complained too many Sugars were made; and we may conclude will make what Interest they can with their Governors and others, to prevent their making and settling any new Plantations: If they can supply e_nough for Home Consumption at a great Price, it answers their Purpose. The Island of Barbadoes is very much worn out, and does not afford the Quantity of Sugars as heretofore; and yet the Planters live in great Splendor, and at vast Expence, while the French, under the Remembrance of their Poverty on their first Settlement at Hispa_niola, continue to live very frugally, and by their Labour, Industry and Fertility of their Soil, are able to undersell us. The only Places we can think of where we may enlarge our Sugar Plantations are Tobago." To which I would add too the Island of Santa Cruz, which is equal to it at least. The whole Chapter whence I extracted this Part I think deserves as much Consideration as any Part of his whole Book, wherein is contained many just Observations on Trade; and tho' I cannot be of Opinion with him, that the south Parts of Carolina and the Bahama Islands are proper Places for Sugar, because I have been acquain_ted with the Success of several Experiments there, yet I think the farther settling of the Island of Jamaica to be of the highest Conse_quence to this Kingdom, which if we neg_lect, we shall be in Danger to be beat quite out of all foreign Trade by the French: And by that Means the Planters, who shall then re_main in our Islands, may make us pay just what they please for their Produce, which seems to be their only Aim by the Petition.

The Remonstrance of these Gentlemen, with Regard to our Northern Colonies, taking and using French Silks and French Linnens, looks as if they were resolved to render them as odi_ous to this Kingdom, as they already are to the Gentlemen of our Islands. As in all In_formations where the Prosecutor is principally concerned in the Consequence, it is generally known, that as far as his own Word will be taken, he seldom fails of making out all he complained of; but by the Happiness of our Constitution, we very often have the Chance of obtaining an impartial Jury, who are to be Judges of Facts, as well as the Credibility of Evidence. Now if a declared Enemy will come and tell a Jury, "Gentlemen, the Peo_ple in the Northern Colonies in America wear principally French Silks and Linnens; though they can have Silks and Sattins, Callicoes and Muslins, of the Manufacture of India, at least 30, if not 50 per Cent. cheaper than they can have the French Goods: Nay so fond are they of French Lin_nen, tho' they make Linnen worth 7s. per Ell themselves, that they will wear only French Linnen". Now what impartial Jury, who knew New-England-Men especially, could believe this? A Place where the richest Men follow Busi_ness closely, where Industry is principally re_garded, where the Luxurious and Effeminate are discountenanced; a Place generally hated by the riotous and debauched Part of Men, because of their rigorous Laws and Customs; a People parsimonious to a Proverb: I say, were this to be related to a Jury of their Vicinage, they might think too much was proved, and shake their Heads at the Infor_mer. If any of these Gentlemen will acquaint the Legislature with any more effectual Means to prevent the Consumption of any foreign Manufactures, either here or in our own Plan_tations, or shew that sufficient Care is not al_ready taken to prevent such Abuses, as far as the Reason and Nature of the Thing requires, he may do a real Service to this Kingdom, and will then truly deserve the Thanks of every Briton.

FINIS. |CEC |Y1641 THE PETITION AND Remonstrance OF THE GOVERNOUR and Company OF MERCHANTS of London Trading to the EAST-INDIES, Exhibited to the Right Honourable The LORDS and COMMONS In the High COURT of PARLIAMENT ASSEMBLED. &horbar London, Printed in the Year, 1641.

To the RIGHT HONOURABLE The LORDS and COMMONS in the High Court of PARLIAMENT ASSEMBLED: The Humble Petition of the Govenour and Company of MERCHANTS of London, Trading to the EAST-INDIES.

Humbly shewing,

THat whereas by the special Industry and great Charges of divers Merchants of Lon_don, and others of his Majesties Subjects, the Trade to the East-Indies was begun now Forty one years past, and hath been ever since continued by a Company of all degrees of Persons in this Kingdom, Incorporated under the Royal Char_ters of the late Queen Elizabeth, and King James of blessed and famous Memory, with such Priviledges and Immunities as are therein at large contained, whereby many and sundry Voyages have been per_formed into those remote Countreyes with good success and great gain, untill of late years some Disasters at Sea, Encounters of Enemies, the undue Proceedings and Actions of our professed Friends and Allies, with other Interruptions, have infinite_ly damnified the said Traffique, which otherwise might have prospered and grown much better; even as it is by Time and Industry greatly enlarged and discovered, for a more ample Vent and Consumpti_on of our Cloath, and other our native Commodi_ties; Nevertheless, the afore-written Disasters, and the carrying of Foreign Coins out of this Kingdom into the Indies, have begot such causeless Com_plaints in the mouths of many his Majesties Sub_jects of all degrees, and in all Places of the Realm, that the Adventurers are thereby much discouraged to Trade any longer under the evil Censure of the multitude, desiring nothing more than to obtain their private wealth with the publick good.

Therefore the Petitioners humbly pray your Lord_ships and the Honourable House of Commons, to take the annexed Articles (or any other) into your most grave and wise Consideration, that so if upon the due examination of the same, the said Trade be found unprofitable to the Common_wealth, it may be SUPPRESSED. And if otherwise, that then it may be SUPPORTED AND COUNTENANCED BY SOME PUBLIQUE DECLARATION for the satisfaction of all his Majesties Subjects, and better Encouragement of the present Adven_turers, or any others, who thereby might be the more forward and willing to adventure their Estates in a business of such consequence, when they shall know that it hath obtained such great and honourable Approbation.

Qu�res upon the Trade to the East-Indies. Strength.

WHether it doth not much increase the Strength of this Kindome with Mari_ners, Warlike-Shipping, Ammunitions, and all ne_cessary Arts-men thereunto belonging.

Whether it doth not greatly increase the generall Traffick of this Kingdom, not onely as it is a very ample Trade of it self, between England and the Indies,but also as it is an ample Staple or Maga_zine of many rich Indian Wares, to send from hence into other foreign Countreyes.

Wealth.

Whether it doth not increase the general Stock and Wealth of the Kingdom.

Whether it be not a Means to save the particular Subjects much Money yearly in their ordinary Ex_pences upon all the sorts of Indian wares.

Whether it doth not much increase his Majesties Customes and Imposts in the yearly Revenue.

Whether it be not a good Means to improve the price of Lands, Woolls, Tynn, Iron, Lead, and other the native commodities of this Kingdom.

Whether the King and Kingdome (also) have not gotten much by this Trade even in these late disasterous times, when the Adventures have lost great matters.

Safety.

Whether it be not a means greatly to weaken the KING of SPAIN and his Subjects, and to exhaust their Treasure.

Whether it be not a Means to counterpoize the HOLLANDERS swelling Greatness by Trade, and to keep them from being absolute Lords of the Seas, if they may drive us out of this rich Traffique, as they have long endeavoured to perform.

Treasure.

Whether it be not the best Means we have to increase the Treasure or Money of this Kingdom.

Honour.

Whether it be not an honour suitable to the Majesty of so great a King and Kingdome.

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

And First,

Strength. WHether it doth not much increase the strength of the Kingdom with Mariners, Warlike Shipping, Ammunition, and all Necessary Arts-men thereunto belonging.

Whether it doth not greatly increase the General Traffique of the Kingdome, not onely as it is a very ample Trade of it self between England and the Indies; but also as it is an ample Staple or Magazine of many rich Indian Wares to send from hence into other Foreign Coun_treys.

THE Trade to the East-Indies some few years past, when we had War with the Portu_gals, did employ Fifteen thousand Tuns of Shipping all at once, either going or coming, or Trading there from Port to Port; but since (upon good experience) we find that so great a Charge is neither necessary for our defence; nor comportable by the Benefit of the Traffique, untill some further Discoveries may be made in China, or elsewhere, as is hoped: Nevertheless, (according to the present times) there may be imployed and maintained Eight thousand Tuns of great and warlike shipping, besided two thou_sand Tuns more here in the Kingdome conti_nually repayring for the next supply of those Voyages.

THis Trade as it is thus great in it self; so doth it yet further enlarge our Traffique and strength, by fur_nishing this Kingdom with all sorts of Indian Wares, not onely for our own use, but more especially for the necessary wants of Forreign Nations, which hath great_ly encreased the number of our Warlike Ships, to export them from hence into Turkie, Italy, the East Countries, and other places: For proof whereof we instance some former_times, when we have brought into England above eight thousand baggs of Pepper from the Indies in one Year (and may do so again if the Trade subsist.) Where this King_dom doth not consume above one thousand and three hun_dred baggs per annum at the most; So the rest are Transpor_ted into Forraign Countries: And the like may be said for Callicoes, Indigo, and some other Indian Wares.

ALL which Additions of Shipping unto our fomer strength by Sea before this Trade began, do imploy many of His Majesties Subjects in sundry Arts to build and repair the said Ships, together with the making of Ord_nance, Muskets, Powder, Shot, Swords, Pikes, Cor_dage, Canvas, and other necessary Ammunitions and Provi_sions thereunto belonging; besides a multitude of Mariners, whereof many of them are Shipped from hence. Land_men, or such as were not formerly used to the Seas, but are bred and made good Mariners by these Voyages, which otherwise at home (being without Arts or maintenance) are a heavy burthen to their Friends and Country.

AND if it be Objected, that this great encrease of Shipping which is here declared, is not always in the Kingdom upon Occasion of Service, the Answer is. That neither are the Ships of any other Merchants here at home, but some are going, some are coming, and ever the least part are in the Kingdom; yet still wheresoever they are, His Majesties Subjects have by them their imployment and maintenance, and the Kingdom as well as the East-India Company have had their Service: For how famous are their exploits in all Nations? How many rich Carracks have they sunk and spoyled? How many assaults of Spanish Gallions have they withstood and spoyled? What slaughter of their Souldiers, sack of their Towns, subversion of their Trades, and such like Honourable Actions have they performed? And all with little loss of Ships or Men? It would require a large Discourse, to declare the particulars: Neither doth the East-India Company commonly want two thousand Tuns of Shipping or more here in the Kingdom, which are either in building or repairing, together with all their Ord_nance and other Warlike Furniture, besides their Store-Houses and Dock-yards, plentifully provided with Tim_ber, Planck, Cordage, Powder, Shot, and many other ne_cessary Ammunitions both for themselves, and often-times to help others, with such Provisions as cannot elsewhere be found for money in this Kingdom.

THere is yet one common Objection, but it is so weak that it scarce deserves an Answer, which is, that this East-India Trade destroys our Shipping and Mariners, when clean contrary to this we have already shewed the great encrease of both; and if Men dye in these long Voyages, and Ships by length of time be laid up, ei_ther here or in the Indies, yet what's all this but Natures course? And that which happens here at home in oure nearest Trades, although with far less noyse and notice: How ma_ny brave Commanders have we bred from mean degree? (whereof divers are still in our Service) some at this present are found worthy of good places in His Majesties Navy, others (being grown Rich) do either keep at home, or fol_low shorter Voyages; but leaving these Advantages, we do Answer all with this, That whatsoever is pretended in the decay of Shipping, or death of Men, yet notwithstanding the Kingdom, by this Trade hath obtained no less increase or clear addition both of the one and the other, which con_tinually subsist and Are in Action, than is before declared.

Wealth. Whether it doth not increase the general stock and wealth of the Kingdom.

Whether it be not a means to save the particular Sub_jects much money yearly in their ordinary expences up_on all sorts of Indian Wares.

Whether it doeth not much increase His Majesties Customs and Imposts in the yearly Revenue.

Whether it is not a good means to improve the price of Lands, Wools, Tin, Iron, Lead, and other the Native Commodities of this Kingdom.

Whether the King and the Kingdom (also) have not gotten much by this Trade, even in this late disastrous times, when the Adventurers have lost great mat_ters.

HEre we have five Qu�res which must be all proved se_verally; the first is general, wherein we must consi_der how the whole Kingdom may be inriched by our Com_merce with strangers, the which to perform, although it hath one and the same Rule in all the particular places of the Trade, yet is not every Country alike profitable to this Common-wealth, for the remotest Traffique is always most beneficial to the publick Stock, the Example may be fra_med thus. The places of our remotest Traffique are most profita_ble to the Common_wealth. Suppose we therefore, that Pepper were con_stantly worth 2 shillings the pound here in England, if we should then fetch the same from Holland, the Merchant may pay there to the stranger twenty pence the pound out of this Kingdoms stock, and gain well by the bargain; but if he fetch this Pepper from the East-Indies, he cannot give there above five pence the pound at the most to obtain the like gain, when all charges are considered; which doth sufficiently shew the great Advantage we have to buy our wares in those Remote Countries, not onely for that part alone which we spend and consume, but especially for that great quantity which from hence we Transport yearly into other Countries to be sold at higher Price than it is worth here in England; Whereby it is plain, that we make a far greater Stock by gain upon these Indian Commodities, than those Nations do where they grow; and to whom they properly appertain, as being the Natural wealth of their Countries: We may grow rich in Trade by the Stock of other Nations. Neither is their less Honour and Judgment by getting Rich_es in this manner, upon the Stock of other Nations, then by an industrious increase of our own means, especially when this latter is advanced by the benefit of the former, as we have found in the East-Indies by Sale of much of our Cloth, Lead, and other Native Commodities, the vent whereof doth daily increase in those Countries, which for_merly had no use of our Wares, but for the better under_standing of that which hath been said, we must not forget to distinguish between the gain of the Kingdom, and the profit of the Merchant. Cloth and Lead vented in the East-Indies. A distinction between the gain of the Kingdom and the profit of the Merchant. For although the Kingdom pay no more for this Pepper than is before supposed, nor for any other Commodity bought in Forreign parts; more than the stranger receiveth from us for the same; yet the Merchant payeth not onely that price, but also the fraight, ensurance, Interest, Custom, Impost, and many other Charges which are exceeding great in these long Voyages; but yet all these in the Kingdoms account are but commutations among our selves, and no privation of the publique stock, they remain still in the Kingdom.

NOW, concerning that which every particular Subject of the Realm saveth in his Ordinary expence of Indian Wares, it is manifest that heretofore when we brought In_dico from Turkie, that sort was ordinarily sold here for seven shillings the pound or more, which now we sell for five shillings the pound and under: Pepper then ordinarily at three shillings, and three shillings four pence the pound, which now is sold by the East-India Company for 18. pence the pound, with long time also given therewith for payment, and so likewise of divers other wares, but for Cloves, Maces, and Nutmegs, they are at very dear prices, because the Hollanders having expelled our people from the Islands of the Moluccoes, Banda, and Amboyna, do still keep us by force from the trade of those Spices: The Hollanders ingros_sing of Cloves, Maces, and Nutmegs, have made them exceeding dear. In which wares, when we enjoyed the freedom in the Indies that unto us belong_eth, we sold those Spices at low rates: But as the Dutch have raised the price of these Commodities, so would they much more inhaunce them and all other the rich Wares of those Countries, if we should abandon or be basely driven from the Trade.

THE next Qu�re needs but little proof, for who can true_ly say that his Majesties Customes and Impost are not multiplyed, when the Traffique of this Kingdom is so much encreased: onely this we will affirm, that if the Trade to the East-Indies were so well encouraged that it might be ef_fectually followed, it would yearly bring to his Majesties Coffers much more than now it doth.

THE next Qu�re concerns the Kingdom neerly, for it is no small worth to improve the price of Lands, which never hath nor can be done, (to the common benefit) but by the prosperous successe of our forraign trade, the Ballance whereof is the onely means and rule of our treasure: The ballance of our for_raign trade is the true rule of our trea_sure. that is to say, when either by issuing out of the Realm yearly a greater value in Wares then we consume of forraign Com_modities we grow rich, or by spending more of Strangers goods than we sell them of our own, we are impoverished; For the first of these courses doth bring in the money which we have, the last will carry it away again when we have got it. It is a true saying that plenty or scarsity of mony makes all things dear or cheap in a Common-wealth, but it is necessary to distinguish the seeming plenties or money from that which onely is substantial and able to perform the work; For there are divers wayes and means to procure plenty of money into a Kingdom, (for a short time) which do not therefore inrich, but rather impoverish the same, by the several inconveniencies which ever accompany such alte_ration.

FOR first, if we should melt down our Plate into Coyn, which suits not with the Majesty of so great a Kingdom, except in cases of great extremity, it would cause plenty of money for a time, yet should we be nothing the richer, but rather this Treasure being thus altered, is made the more apter to be carried out of the Kingdom, if we exceed our means by excesse in forraign wares, or maintain a War by Sea or Land, where we do not feed and cloath the Souldier, and supply the armies with our own native provisions; by which disorders our Treasure will soon be exhausted; for it is not the Merchants exchange by bills that can prevent the least of these evils, as some have supposed. Treasure which cannot long remain with us. Again if we think to bring in store of money by suffering forraign Coynes to passe currant here at higher rates then their intrinsick va_lue, compared with our standard; or by debasing, or by inhauncing our own monies (as some men have projected) all these actions bring their several inconveniencies, and not_able ruines, as well to the King, as to his Subjects, of which we omit to enlarge, (because it is not much pertinent to our cause in hand) but rather admitting that by these courses, plenty of money might be brought into the Realm, yet should we be nothing the richer, neither can such treasure (so gotten) long remain with us, for, whether it be the stran_ger or the English Merchant that brings in this money, it must ever be done upon a valuable consideration, either for wares carried out already, or after to be exported, which helps us nothing except the evil occasions of excesse or War aforenamed be removed, which will exhaust our treasure; for otherwise, the money that one man bringeth in for gain, another shall be forced to carry out for necessity, because there shall ever be a necessity to ballance our account with Stran_gers, although it should be done with great losse upon the rate of the money which is exported, and peril or confisca_tions also, if it be intercepted by the Law, for necessity or gain will ever find some means to violate such Laws.

The great in_crease of stran_gers inhabi_ting here, doth impoverish this Kingdom, and begger our poor by depriving them of their Arts, and ma_nufactures, raising the price of Corn, victuals, Rents and the like. BUt if it should be objected that the price of our Lands are not improved onely by Treasure gained in our forraign Trade, but also by a great increase of people, whether they be natives or strangers, or both: The answer is, that the first of these wayes doth perform it to the (common benefit) and the latter to the inriching of the Landlords only by a ma_nifest impoverishing of the Kingdome: For our experience in one particular doth teach us, that of late years we are grown so populous, that we can spare no corn to transport into forraigne Countries, but sell it all here to serve our own wants at dear rates, which formerly when it was much cheaper imployed many ships and marriners to export it un_to strangers, and thereby returned us store of Treasure, which great benefit to the Kingdome is now lost. And as hereby the exportation of our native Commodities is much diminished, so our consumption of forraigne Wares is as much increased, which is a double means to impoverish this Kingdome.

Treasure that doth remain with us inrich us, and doth improve our Lands. THe business then is briefly thus, that as the treasure which is brought into the Realm by the ballance of our forraign trade, is that mo_ney which onely doth abide with us, and by which we are inriched, so by this plenty of money thus gotten (and no otherwise) do our lands improve, for when the Merchant hath a good dispatch beyond the Seas, for his Cloath, and other our native wares, he doth presently return to buy up the greater quantity which rais_eth the price of Wools, and other Commodities, which doth improve the Landlords rents, as the Leases expire dayly; and also by this means money be gained and brought more abundantly into this Kingdom; it doth inable many men to buy Lands which must make them the dearer: but if our forraign Trade come to a stop or declination by neglect at home, or injuries abroad, whereby the Merchants are impoverished, and so the Wares of the Realm lesse issued, then do all the said benefits cease, and our Lands fall of price dayly: whereupon we conclude, that as the flourish_ing estate of our general Trade is the only means to make our Lands improve, so the particular Trade to the East-Indies, is a principal instrument therein, because (as we have already proved) it hath so much increased the Traffique of this Kingdom.

&horbar

THE next Qu�re seems to be a mystery which many of our Adventurers do not well understand, for (say they) how can the Kingdom gain by this Trade, when we who are the members thereof, have lost so grievously? they do not well discern that their private losse may be far lesse in propor_tion, then the publick benefit, as we shall instance some ex_ample to make the business plain.

The de_grees of gain in forraign Trade. IN the course of forraign Trade, there be three sorts or degrees of gain, the first, that of the Common-wealth, which may be done when the Merchant (who is principal a_gent therein) shall loose. The second is the gain of the Mer_chant, which he doth sometimes justly and worthily effect, although the Common wealth be a looser. The third is the gain of the King, whereof he is ever certain even when the Common-wealth and the Merchant shall be both losers.

COncerning the first of these, we have already sufficiently shewed the wayes and means whereby the Common-wealth may be inriched in the course of Trade, by the ballance of the same, when excesses are avoided; therefore it is needlesse here to make any further repetition: only we do in this place affirm, that such happiness may be in the Com_mon-wealth, when the Merchant of his particular shall have no occasion to rejoyce. As for example, suppose the East-India Company should send out one hundred thousand pounds in Wares or money into the East-Indies, and re_ceive home for the same, the full value of three hundred thousand pounds, hereby it is evident that this part of the publick stock is trebled, and yet we may boldly say, that which we can well prove, that our said Company of Mer_chants shall be losers by such an adventure, if the returns be made in Spice, Indico, Callicoes, Benjamin, refined Salt Peter, Cotton yarn, and such other bulkey wares in their several proportions, according to their vent and use in these parts of Europe: for the fraight of shipping, the in_surance of the Adventure, the charges of Factors abroad, and Officers at home, the forbearance of the Stock, his Ma_jesties custome and imposts, with other petty charges inci_dent, will be above two hundred thousand pounds, which being added to the principal produceth losse, and thus we see that not onely the Kingdom, but also the KING may get very much, even when the Merchant notwithstanding shall loose in his proportion, which giveth good occasion here to consider how much more the Realm is inriched by this Trade, when all things passe so happily that the Merchant is a gainer also, together with the KING and this Kingdom. The King and Kingdom may get by Trade, even when the Merchant loseth.

BUt for the better explaining of that which hath been al_ready alledged, we must understand, that if the said hun_dred thousand pounds should be trebled by the return of so much Silks and other fine Wares out of the Indies, then the Merchant likwise should receive good gain by such an ad_venture; and the reason is, because this great wealth would require but five hundred tunne of shipping to lade and bring home the same, which is but a very small charge in respect of four thousand tunns of shipping, which would be required to lade home the like value in the bulky Commodities of Spice and the like, which are afore- written.

THE second sort of gain in the course of Trade is, when the Merchant by his laudable endeavours may both bring in, and carry out Wares to his advantage, by buying them and selling them to good profit, which is the end of his labours: Yet nevertheless, the Common wealth shall de_cline and grow poor by a disorder in the peole, when through pride and other excesses they do consume more for_raign Ware in value, than the wealth of the Kingdom can satisfie, and pay by the exportation of our own Commodities, which is the very quality of an unthrift, who spends beyond his means.

THE third sort of gain is the Kings, who is ever sure to get by Trade, when both the Common-wealth and the Merchant shall lose severally, as afore-written; or joint_ly, as it may and doth sometimes happen when the Merchants success is bad, and when our Commodities are over-ballanced by forraign Wares consumed, but if such disorders be not prevented, his Majesty in the end shall be the greatest loser, when his Subjects be impoverished.

Safety. Whether it be not a means greatly to weaken the King of Spain and his Subjects, and to exhaust their Treasure.

Whether it be not a means to Counterpoize the Hol_landers swelling-greatness by Trade, and to keep them from being absolute Lords of the Seas if they may drive us out of this rich Traffique, as they have long endeavoured to perform.

THE safety of the Kingdom consists, not onely in it's own strength and wealth, but also in the laudable and law_ful performance of those things which will weaken and im_poverish such powerful Princes, as either are, or may be_come our Enemies; Amongst which we will now rank the Spaniard in the first place, who being enabled by the power of his Indian Treasure, not onely to keep in subjection many goodly States and Provinces in Italy, the Low-Countries, and elsewhere, (which otherwise would soon fall from his o_beysance) but also by a continuall War taking his advanta_ges, doth still enlarge his Dominions, ayming at nothing more than the Monarchy, by this plenty of his money, which are the very sinews of his strength, that lye so far dispersed into so many Countries, yet hereby united, and his wants supply - both for War and peace in a plentiful manner from all the parts of Christendom, which are therefore partakers of his Treasure by a necessity of commerce, Wherein the Spanish policy hath ever indeavoured to prevent all other Nations the most it could; Spanish Trea_sure is exhau_sted by a ne_cessity of commerce. For, finding Spain to be too poor and barren to supply it self and the WEST-INDIES, with those varieties of forreign Wares, whereof they stand in need, they knew well that when their native Commodi_ties come short of this purpose, then their monies must serve to make up the reckoning; whereupon they found incredible advantage by adding the Traffick of the East-Indies to the Treasure of the West: Spanish poli_cy and profit in the East-India Trade. For the last of these being employed, in the first they stored themselves infinitely with rich Wares, to barter with all the parts of Christendom for their Commo_dities, and so furnishing their own necessities, prevented others for carrying away their monies, which in point of State they hold less dangerous to impart to the remote Indians than to their neighbour Princes, least it should too much inable them to resist (if not offend) their Enemies: and this Spanish po_licy against others is the more remarkable being done like_wise so much to their own advantage; For, every Royal of Eight which they sent to the East-Indies; brought home so much Wares, as saved them the disbursing of six Royals of Eight here in EUROPE (at the least) to their neigh_bours; especially in those times when that Trade was onely in their hands: But now this great profit is failed, and the mischief removed by the English and Dutch, who partake in those East-India Trades as amply as the Spanish Subjects.

Spanish Trea_sure is exhau_sted byWar. IT is further to be considered that besides the disability of the Spaniard, by their native Commodities to provide forreign wares for their necessities (whereby they are forced to supply their wants with money) they have likewise that Canker of war, which doth infinitely exhaust their Treasure, and disperse it into Christendom, even to their Enemies; part by reprisal, but especially through a necessary maintenance of those Armies which are composed of many stran_gers, and lye so far remote that they cannot feed, Cloath, or otherwise provide them out of their own native means and provisions, but must receive this relief from other Nations: The effects of different wars concerning Treasure. which kind of War is far different to that which a Prince maketh upon his own confines, or in his Navies by Sea, where the souldier receiving monies for his wages must every day deliver it out again for his necessities, whereby the Treasure remaines still in the Kingdom, although it be exhausted from the King; but we see that the Spaniard (trust_ing in the power of his Treasure) undertakes Warres in Germany and other remote places, which would soon begger the richest Kingdom in Christendome of all their money, the want whereof would presently disorder and bring the Ar_mies to confusion, as it falleth out sometimes with Spain it self (who hath the fountain of money) when either it is stopt in the passe by the force of their Enemies, or drawn out faster than it flowes by their own occasion; whereby also we often see that Gold and Silver is so scarce in Spain, that they are forced to use base Copper Money, to the great confusion of their Trade in want of Supplies, and not with_out the undoing also of many of their own People.

The Spanish treasure which is ex_hausted either by commerce or war, doth all come in the end into the general commerce of divers Nati_ons. BUT now that we have seen the Occasions by which the Spanish Treasure is dispersed into so many places of the World; it is needful likewise to discover, how, and in what proportion each Country doth partake of these monies: For we find that Turkie, and divers other Nations have great plenty thereof, although they drive no Trade with Spain, which seems to contradict the former Reason, where we say that this Treasure is obtained by a necessity of Com_merce; but to clear this point we must know, that all Nati_ons (who have no Mines of their own) are inriched with Gold and Silver by one and the same means, which is alrea_dy shewed to be the ballance of their Forreign Trades, and this is not strictly tyed to be done in those Countries where the Fountain of Treasure is, but rather with such Order and Observations in the Trade, and against excess, as are prescri_bed: For suppose England by Commerce with Spain may get and bring home five hundred thousand Ryals of Eight Yearly, yet if we lose as much by our Trade in Turkie, and therefore carry the money thither, it is not then the English, but the Turks who have got this Treasure: Although they have no Trade with Spain, from whence it was first brought. Again, if England having thus lost with Turkie, do notwithstanding gain twice as much by France, Italy and other Members of her general Trade, then will there re_main five hundred thousand Ryals of Eight clear gains by the ballance of the same; and this comparison holds between all other Nations, both for the manner of getting, and the pro_portion that is yearly gotten. But yet if a question should be made, whether all Nations get Treasure, and Spain only lose it: We Answer no; for some Countries by War, or by excess do lose that which they had gotten, as well as Spain by War and want of Wares doth lose that which was its own.

AND so much shall suffice to shew, that to partake in the Trade of the East-Indies, doth not only weaken the Spaniards Navigation, and strengthen our own; but also, to impeach him in this rich Trade, doth mightily exhaust his Treasure, and increase our Monies.

HAving done with the Powerful Spaniard, we must now say something of our professed Friends, the Hollanders, who of late years are become a flourishing People, Weal_thy and strong, both by Sea and Land, by nothing else but Trade; The Hollan_ders greatness by Trade. and yet we know that they have little in their own Country wherewithal to Trade; but we must not therefore imagine, that so great a Building is either raised, or can stand without a strong Foundation, which these Industrious Men wanting means in their own Land, do find out Rich Mines in His Majesties Seas; The Hollan_ders best foundation the English Fishing. Golden Mines we may term them, for so the Lords States themselves do call them, and thus also in their Publick Proclamations, which they have set forth in all occasions for the better preservation of this Fishing, a Treasure it is (indeed) inestimable, and an em_ployment most profitable: From hence Orignially proceeds the increase and maintenance of the People, their flourish_ing Arts, their private Wealth, their publick Treasure, the multitude of their Ships which fetch Materials to Build Ships, the swarms of their small Vessels which catch Fish, to lade their great Ships which Trade with Fish; the pro_ceed whereof doth furnish them with all their wants of For_eign Wares, and makes them all Rich in Treasure; with which Treasure they do also enlarge their Trade into all the quarters of the World, whereby they are become the Ma_gazines for England, France, Spain, Turkie, and other places, for Corn, Cordage, Ordnance, Powder, Shot, Ships, Wines, Fruits, Cavas, and many others, besides the rich Wares from the East and West-Indies, serving each Country according to their severall wants and occasi_ons, In which course of Trade, they are not lesse industri_ous to supplant others (especially the English) than they are careful to strengthen themselves with more than ordina_ry diligence; for they know well, that Trade hath raised their fortune, and doth feed their Hopes; We desire not here to aggravate their Actions against us in the East Indies, for they are already too well known to all the world, but we rather with patience expect the meanes of our satis_faction and future safety; wherein we doubt not of his Ma_jesties most gracious favours and resolutions so well begun, and in so good a way to settle and support a Trade of such great consequence; If our Trade to the East-Indies should fail our other best Trades will fall with it. the which if the Hollanders might solely enjoy (as they endeavour) they would (by the power there of) soon make themselves Masters (also) of our other best Trades into the Streights, and be the onely Merchants even of our Cloath and other native Commodities into those Countries; as they are already possessed of the Exportation of (almost) all our Herrings, Pilchards, and New-land Fish, to the maintenance of their Shipping and decay of ours, which is the more considerable, because it may be wi_shed, that Corn, and Victuals, might be exported, onely in English Shipping, but the Hollanders are diligent ob_servers of such occasions as may give them advantage; they know well how to work their own ends in all places where they come; and as they have infinitely prevailed in the aug_mentation of their Trade by the declination of other Nati_ons, so they aime at nothing more now than to weaken the English in their Traffick, for We onely are their Corrivals, able to keep them from the absolute Dominion of the Seas, wherein we may hope ever to prevail, if we loose not the power we possesse, and the rich Trades which we have so well discovered.

Whether it be not the best meanes we have to encrease the Treasure or Money of this Kingdome.

THis position is so contrary to the common opinion, that it will require strong Arguments, to maintain and prove it, before it will be accepted, especially of the mul_titude, who bitterly exclaim when they see any Monies car_ried out of the Realm; affirming thereupon that we have absolutely lost so much Treasure, being an Act against the long continued Laws of this Kingdom, and that ma_ny other places, nay, Spain it self (which is the fountain of Money) forbids the Exportation thereof, some cases only excepted. To all which we might answer, that Venice, Florence, Genoa, Savoy, Marcellis, Turkie, the Low-Countries, and divers other places permits it, their people applaudes it, and find great benefit by it; but all this makes a noise and proves nothing: We must therefore come to those reasons which concern the businesse in que_stion.

We have no Treasure but by Trade. FIrst therefore, we will take that for granted which none will deny us, that we have no other meanes to get Treasure, but by Forreign Trade; for Mines we have none which do afford it, and how this Money is gotten in the ma_naging of our Trade, we have already shewed; that it is done By making our Commodities which are Exported, to over-ballance in Value the forreign Wares which we consume; so that it resteth onely to shew how our monies may be ad_ded to our Commodities, and being joyntly exported may so much the more encrease our Treasure.

AND here we will suppose, that our yearly consump_tion of forreign wares is to the value of twenty hun_dred thousand pounds, and our exportations to exceed that two hundred thousand pounds, which summe we may thereupon affirm is brought to us in Treasure to ballance the account; A neer esti_mation of our yearly expor_tations and importations, as they have been found by good inquiry. but now if we adde three hundred thousand pounds more in ready mony unto our former exportation in wares, what profit can we have (will some men say) al_though by this meanes we should bring in so much ready money more than we did before, seeing that we have carri_ed out the like value.

TO this the answer is, that when we have prepared our exportations of wares, and sent out as much of every thing as we can spare or vent abroad; it is not therefore said, that then we should adde our money thereunto to fetch in the more money immediately, but ra_ther first to inlarge our Trade therewith, by inabling us to bring in more forreign wares, which being sent out again in_to the places of their consume, they will in due time much increase our Treasure, for although in this manner we do yearly multiply our importations to the maintenance of more shipping and Marriners, improvement of his Maje_sties Customes and other benefits; yet our consumption of those forreign wares is no more than it was before: so that all the said increase of commodities brought in by the means of our ready money sent out as is afore written, doth in the end become an exportation unto us of far greater value than our said monies were, which is proved by three seve_rall examples following.

FIrst, we will suppose that one hundred thousand pounds sterling, being sent in our shipping into the East Coun_tries, will buy there one hundred thousand quarters of wheat clear of all charges aboard the ships, which being af_ter brought into England and housed, to export the same at the best time for vent thereof in Spain, or Italy it cannot yield yeild lesse in those parts than two hundred thousand pounds, to make the Merchant but a saver, yet by this reckoning we see the Kingdom hath doubled that Treasure.

The trade to the East-Indies (in its propor_tion) is the best trade and means we have to in_crease our Treasure. AGain this profit will be far greater when we Trade thus with our money in remote Countries; as for example, if we send one hundred thousand pounds into the East-Indies, to buy Pepper there and bring it hither, and from hence send it for Italy or Turkie, it must yield five hundred thousand pounds at least in those places, in regard of the excessive charge which the Merchant disburseth in those long voy_ages in shipping, wages, vicutals, insurance, interest, cu_stomes, imposts, and the like: all which charges notwith_standing the King and the Kingdom gets. And we may here observe, that as the publick profit by forreign Trade is the onely means whereby we gain our Treasure: So this Trade to the East-Indies (in its proportion) doth far ex_cell all others.

THE third Example is, where the Voyages are short, and the Wares Rich, which therefore will not imploy much Shipping, the profit to the Kingdom will be far less; as when another hundred thousand pounds shall be imploy_ed in Turkie, in raw silks, and brought hither to be after Transported from hence into France, the Low-Countries, or Germany, the Merchant shall have good gain although he sell it there for one hundred and fifty thousand pounds: And thus, take the Voyages all together in their Medium, the ready monies exported will be returned unto us near treb_led. But if any Man will yet Object that these returns come to us in Wares, and not really in Monies, as they were issued out:

THE Answer is (keeping our first ground) that if our Consumption of Forreign Wares be no more yearly than is already supposed, and that our exportations be so mightily increased by this manner of Trading with ready money, as is before declared: It is not then possible (in the course of Trade) but that all the over ballance or difference should return either in money, or in such Wares as we must export again; which, as is already plainly shewed, will be still a greater means to increase our Treasure: For it is in the Stock of a Kingdom, as in the Estates of private Men, who having store of Wares, do not therefore say, that they will not venture out, or Trade with their Money; (for this were ridiculous) but do also turn that into wares, where_by they multiply their Money; and so by a continual and orderly change of one into the other, grow rich, and when they please, turn all their Estates into Treasure, for they that have Wares, cannot want Money; and therefore the former Objection is not considerable: For what begot the Monies which we sent out, but our Wares?

NEither is it said, that Money is the Life of Trade, as if it could not subsist or pass currant without the same; for we know that there was great Trading by way of Com_mutation or Barter, when there was little Money stirring in the World. The Italians and some other Nations have such Remedies against this want, that it can neither decay, nor hinder their Trade, for they transfer Bills of Debt, and have other ways whereby they assign their Credits from one to another daily, for very great summes, with ease and satis_faction by Writing onely; whilst in the mean time, the Mass of Treasure which gave Foundation to those Credits is employed in Forreign Trade as a Merchandize which doth much increase their Traffick. Money in_largeth trade, and Trade in_creaseth money. It is not therefore the keeping of our Money in the Kingdom which makes a quick and ample Trade, but the necessity and use of our Wares in Forreign Countries, and our want of their Commodities which causeth the Vent and Consumption on all sides.

WE must not here forget the Practice of the Great Duke of Tuscany in his Port of Leghorne, which of late years from a poor Town is became a fair City, and one of the most famous places for Trade in Christendom, by the resort of many Nations, but most especially by the English and Dutch with Merchandize to a very great value yearly, and yet it is worthy Observation that the multitude of Ships and wares which come thither, have little or no means to make their returns from thence, but onely in ready Money, which they may, and do carry away freely at all times and without Custom, and such charges to the incre_dible Advantage of the said Duke of Tuscany and his Sub_jects, who are much inriched by the continual great con_course of Merchants, form all the States of the Neighbour Princes, bringing them plenty of Money daily to supply their wants of the said wares. And thus we see that the Current of Merchandise which carries away their Treasure, becomes a flowing stream to fill them again in a greater mea_sure with money.

THE Example of this growing greatness hath lately moved the Duke of Savoy publickly to delare his Prince_ly resolution to all Nations, offering them any Priviledges and immunities, that shall come to Trade in his Free Port of Vila Franca, and especially a Liberty to carry away ready monies for all the wares they bring, or other Occasions: And yet we know that neither in Tuscany or Savoy, are any Mines or Monies more than they have, and do daily get by Trade; but they know likewise that if we yearly bring them wares (although for a very great value) the money will immediately follow, for, let no Man doubt but that money must ever attend on Merchandise, for they go toge_ther: And it is worthy the noting, that those Princes are content to part with their Treasure, only to enjoy the Trade of the wares which are brought them, for which (to en_courage the Merchant) they take no Custom; whereas we by sending out our money do gain the imployment of our Shipping, the Trade of the wares, and the profit of the Customs, which is a treble benefit.

THere is yet an Objection or two as weak as all the rest: The first is, that if we Trade with our mo_ney, we shall issue out the less wares; as if a man should say, those Countries which heretofore had Occasion to consume our Cloath, Lead, Tin, Iron, Fish, and the like; shall now make use of our Monies in the place of those necessaries, which to affirm were most absurd; or that the Merchant had not rather carry out wares (by which there is ever some gains expected) than to export Money, which is still but the same without any increase.

BUT on the contrary there are many Countries which may yield us very large and profitable Traffick for our money, that otherwise afford us no Trade at all because they have no use of our wares; as namely, the East-Indies for one, in the first beginning thereof, although since by Indus_try in our Commerce with those Nations we have brought them into the use of much of our Cloath, Lead, and other things, which is a good addition to the former vent of our Commodities.

AGain, some Men have alledged, that those Countries which permit Money to be carried out, do it because they have few or no wares to Trade withal: But we have great store of Commodities, and therefore their Action ought not to be our Example.

TO this the Answer is briefly; That if we have such a quantity of wares as doth fully provide us of all things needful from beyond the Seas, why should we then doubt that our monies sent out in Trade must not necessarily come back again in Treasure, together with the great gains which it may procure in such manner as is before set down? And on the other side, if those Nations which send out their mo_neys, do it because they have few wares of their own; how come they then to have so much Treasure as we ever see in those places, which suffer it freely to be exported at all times, and by whomsoever. We Answer, even by Trading with their monies: For by what other means can they get it, ha_ving no Mines of Gold or Silver?

Our humane actions ought especially to be considered in their ends. THus may we plainly see, that when this weighty busi_ness is duly considered in its end (as all our Humane Actions ought well to be weighed) it is found much contra_ry to that which most Men esteem thereof, because they search no further than the beginning of this work, which mis-informs their Judgments, and leads them into error; for if we onely behold the Actions of the Husbandman in the Seed-time, when he casteth away much good Corn into the ground, we will rather account him a Mad man than a Hus_bandman: But when we consider his Labours in the Harvest, which is the end of his endeavours; we find the worth and plentiful Increase of his Actions.

Honour. Whether it be not an Honour suitable to the Majesty of so great a King and Kingdom.

WE have endeavoured upon all the former Qu�ries to be as brief as conveniently we might without ob_scurity, and now upon this last point there will be no Oc_casion at all to inlarge; for when it shall be found that the Trade to the East-Indies is so good as means to encrease our strength, wealth, safety, and Treasure, and that those dis_coveries spread His Majesties Fame into Persia, Japan, China, the Dominions of the Great Mogul, and many other remote Nations of the Eastern world, there will be no denial, but that these great blessings are so precious and Honourable, both to the King and his Kingdoms, that they ought to be preserved with our best endeavours against the strongest Opposition.

And for Conclusion, the East-India Company do Humbly Declare unto your Lordships, and the Honourable House of Commons, that they have not made their Petition, and this Remonstrance for their own Private Ends, but for the Pub_lick good: And even so having performed their Duties, they hope it shall be their sufficient Discharge in all future times concerning the Suppressing or Supporting of the said Trade.

&horbar &horbar |CEC |Y1653 THE ENGLISH IMPROVER IMPROVED or the SVRVEY OF HVSBANDRY SVRVEYED Discovering the Improueableness of all Lands: Some to be under a double and Treble others under a Five or Six Fould. And many un_der a Tennfould, yea Some under a Twenty_fould Improuement. By Wa: Blith a lover of Ingenuity.

They shall beate their Swords into Plow-shares And their Speares into Pruning Hookes Isa. 2.4. Pictorial frame with military and agricultural motives

All clearely demonstrated from Prin_ciples of Reason, Ingenuity, and late but most Real Experiences; and held forth at an Inconsiderable charge to the Profits accrewing thereby, under Six Peeces of Improvement. 1 By Floting and Watering such Land as lieth capeable thereof. 2 By drayning Fen, Reducing Bog, and Regaining Sea-lands. 3 By such Enclosures as prevents Depopulation, & advanceth all Interests. 4 By Tillage of some Land lost for want of, and Pasturing others destroy_ed with Plowing. 5 By a Discovery of all Soyles and Composts with their nature and use. 6 By doubling the growth of Wood by a new Plantation. The Third Impression much Augmented. With an Additional Discovery of the severall Tooles, and Instruments in their Formes and Figures promised. With a Second Part; Containing Six Newer Peeces of Improvement. 1 Our English Husbandring Claver grasse, and St. Foyn, as high as may be 2 The facilitating the charge and burthen of the Plough, with divers Fi_gures thereof. 3 The Planting Welde, Woad, and Madder, three rich commodities for Dyers. 4 The Planting of Hops, Saffron and Liquorish, with their Advance. 5 The Planting of Rape, Cole-seed, Hemp, & Flax, and the profit thereof. 6 The great Advance of Land by divers Orchards and Garden Fruits. The Experimenting whereof makes good the Improvement promised. &horbar Prov. 21.5. The thoughts of the diligent bring abundance. A diligent man shall stand before Kings. Eccl. 9.10. All therefore that thy hand shall find to do, do it with all thy power; for there is neither wisedome nor knowledge in the grave whither thou goest. &horbar London Printed for John Wright, at the Kings-head in the Old-Bayley. 1653.

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

AS a Man, or Christian, out of pure love to Mankind, I chuse rather to cast my self at Your Lordships Feet, and come under Your greatest Censure for this high Pre_sumption, than to omit so necessary a Duty and Discovery as the substance of this discourse Imports; Therefore dare not conceale the least inconvenience that may befall the Publique, but take bolness to present my thoughts that Your non-apprehending the Prejudices hindring Im_provement, nor clearely your own Capassities to remove them, and may be want of oportunity to consult about these lesser things (though very great in themselves (the practise whereof throughly promoted, might make the greater more easie) compared with our weighty and present affairs, may in some measure be an accidentall cause that Improvements of our Lands go on no better, al_though materially the cause is in our own sloth, Preju_dice and ill Husbandry. And though I dare not present this rude Treatise unto Your Honors, to crave so high Patro_nage, yet I shall adventure these many most humble Re_presentations of some Prejudices to Improvements that remain founded by a Law; And of some other Obstacles, as firmly rooted by Corruption, that without your Ho_nors Power, and Wisdoms help therein, the Improve ments here tendred will be in great measure hindred.

To the removall whereof, if Your Honors shall see cause to give incouragement, either by an Addition of such Lawes as shall appear unto you wanting, or Repealing such as hinder, I shall not question but mens spirits will be raised to such Experimenting of the principles of Inge_nuity, as that wee may see this Common-wealth soon rai_sed to her utmost fruitfullness and greatest glory.

The particulars here are too many here to discourse at large; I shall therefore take boldness to present some few with some brief reasons to evince the same; and they are very great discouragements to the Ingenuous and Active Prosecution of the Improvements of the Nation.

The first Prejudice is, That if a Tenant be at never so great paines or cost for the improvement of his Land, he doth thereby but occasion a greater Rack upon himself, or else invests his Land-Lord into his cost and labour gra_tis, or at best lies at his Land-Lords mercy for requitall; which occasions a neglect of all good Husbandry, to his own, the Land, the Land-Lord, and the Common-wealths suffering. Now this I humbly conceive may be removed, if there were a Law Inacted, by which every Land-Lord should be obliged, either to give him reasonable allow_ance for his clear Improvement, or else suffer him or his to enjoy it so much longer as till he hath had a proportio_nable requitall: As in Flanders and else where, in hiring Leases upon Improvement, if the Farmer Improve it to such a Rate above the present value, the Land-Lord gives either so many years purchase for it, or allowes him a part of it, or confirmes more time; of which the Tenant being secured, he would Act Ingenuity with violence as upon his own, and draw forth the Earth to yeeld her utmost fruitfullness, which once being wrought unto perfection, will easily be maintained and kept up at the height of fruitfullness, which will be the Common-wealths great advantage: Some Tenants have Advanced Land from Twenty pounds to Forty pounds per an. and depending upon the Land-Lords favour have been wip'd of all; and many Farmers by this uncertainty have been impoverished and left under great disgrace, which might as well have been advanced.

The second Prejudice is against that great Improve_ment by floating Lands, which exposeth the Improver to sute of Law for Turning a Watercourse, by Millers or o_thers, which are minded to molest the Improvement, al_though the Improvement be ten fold greater than the Prejudice can be, and the Advantage be far more publique than the others pretended loss can be, yet few dare ad_venture upon the work, for fear of being sued or molested.

Many great Improvements have been, and are to this day hindred and ly dead because the Miller cannot be com_pounded with at any rate; some I know, whose Improve_ments might be Ten-fold and more, the Millers Preju_dice little, if any at all, because your exact husbands so clear all their boggy, low parts, and some time by their large draines break through many springs and issuing wa_ters, that they carry a better stream unto the Miller than he had before, and his Improvement shall be able to sup_ply a great part of the Country with Hay and Grass, where was before but little, and may be the Millars mill may be worth five or six pound per an. few worth ten, that usually stand upon these waters, and let him be damnified what e_ver he can, it is in no proportion to Common wealths loss to such an Improvement.

The third Prejudice is, where all mens Land lie inter_mixed in Common Fields or Meddowes; The Ingenuous are disabled to the Improving theirs, because others will not, neither sometimes can the Improvement be made u_pon any, unless upon all joyntly, or else upon an unsup_portable Charge or Burthen. As also the not cutting straight such watercourses, of such brookes and gutters that are exceeding crooked, which some that would cannot, be_cause of others interest that will not, abundance of the best land in this Nation is hereby lost, and wonderfull Im_provements hindered, the waters raised, the lands flou_ded, sheep rotted, and cattell spoyled, all by this neglect.

The remedies to all the three aforesaid Prejudices, to re_solve the greatest advantage to the Common-wealth, and then command them either unto a loving Conjunction in the Exchange and Improvement, or else disabling any one to hinder another that is desirous of it, giving such recompence for any dammage he shall make, as shall be ad_judged reasonable by indifferent men, or competent Judges.

A Fourth is Unlimited Commons, or Commoning without stint, upon any Heath, Moor, Forrest, or other Common; This is a great Prejudice to many poor men, both Cottiers and Land-Holders, who have not of their own to stock their Commons, and so lose all, that have least need, and for whom those Commons were chiefly in_tended: And also a great hindrance to all; for being with_out that, every man laies on at random, and as many as they can get, and so Overstock the same, that ordinarily they pine and starve their Goods therein; and once in four or five years you shall observe such a Rot of Sheep, that all that the Oppressor hath gained by eating out his poor Neighbours all the other years, is swept away in one, and so, little advantage redoundeth to any: So that many thousand Acres of Land are as it were useless, which were all men limited according to their Proportion of Land or Dwellings to which the Common is due, the poor that could not stock theirs, might set them, and reap some benefit by them: And were they easily stinted, their Com_mons might be as good as their own Severals to every man that hath an interest.

A Fifth Prejudice is, A Law wanting to compell all men to kill their Wonts or Moales; the good Husband doth, and the slothfull man neglects it, and thereby raiseth such a Magazine or Nursery, that they cannot be destroy_ed, but as fast as one destroies them, the other nurseth a fresh supply to fill the Country: the Prejudice is greater than can be reported.

The sixt Prejudice is the not compelling men to plant Wood where they do cut down, then to set again a treble proportion or more to what they do destroy, especially now so much of the gallant Wood of the Nation is expo_sed to sale: We forget that it is a mighty pillar in the up_holding this poor Island, and how honorable a custom it is in other Nations, that look what Timber they cut down, they must plant five or ten times as much in stead thereof: And that all men might be compelled to plow their coar_ser, old mossy, rushy, bankie pasture Lands, being now fittest for it and will be bettered by it, and suffers for want of it, and the Country needs it, and none prejudiced: and for the best land every man left to his own liberty.

A Seventh Prejudice is the want of a through searching of the Bowels of the Earth, a business more fit to be under_taken by the Honourable Representation of the whole Common-wealth, than by any particular man; Whence are all our Mines of Lead, Tinne, Iron, Coales, and Silver Mines in Wales, were they not once hid, and as uncertain as we are now certain of them? and what should hinder but that in many places else the like may be discovered? as suppose Coal in Northampton, Buckingham, and Oxf. Sh. what a great benefit to those Countries would it be? Nay, if some sorts of Stone could bee but found out in some other parts, what might it arise unto? Nay, say that either Marl, Chalk, or Lime, or some other fat Earth could be found in some other parts where they are wanting, how much would it inrich those parts? And who can say but Sil_ver may as well be found in other places in Wales or o_ther parts? I am sure that no man knowes but he that hath searched it, and the hundred thousand part of this Nation hath never yet been tryed.

The Eighth Prejudice may be the many Watermills, which destroy abundance of gallant Land, by pounding up the water to that height, even to the very top of the ground, and above the naturall height, that it lyeth swel_ling, and soaking, and spewing, that it runneth very much land to a Bogg, or to mire, or else to Flagg and Rush, or Mareblab, which otherwise was as gallant land naturally as could be, I am confident many a thousand a year are thus destroyed, some mills worth above 10 or 12. pound per an. destroy lands worth 20.30. or 40. per an. I know it of my own knowledge, I had some few yeares since a Mill Dam in my land which destroyed one half of a gal_lant meaddow, meanes was used that it was removed, and that very land is returned to his perfect pureness again.

I prescribe not the utter destruction of all, of some I do, and others to have their water brought to a lower gage, and where they are wanting, Wind-mills erected, as in all the Fen Country are no other, or else incouragement given to some that I am confident are able to discover a com_pleat way for grinding all sorts of Corn by the strength of horse and man as feasible as malt is. I am able to give some assistance my self to this work, but shall far prefer others thereto, A Gentleman that hath waded so deeply therein as hath discovered publiquely his modell at Lambeth de_serveth great incouragement.

And the last though not the least is the raign of many abominable Lusts, as Sloth and Idleness, with their Daugh_ters, Drunkenness, Gaming, Licentious Liberty. Were not the greatest and best, and all men made to be usefull to the body? why continue many men as members cut off from it, as if they were made to consume it, are neither usefull in their bodies, minds, or purses to the common good? how comes City and Country to be filled with Drones and Rogues, our highwaies with hackers, and all places with sloth and wickedness? I say no more but pray some quickning Act to the execution of our Lawes against these worse than heathenish Abhominations.

All which, with many more great annoyances and An_nusances (though some may think every man will be ready to remove, but we being under such a drowsie Age, that though each particular shall be advantaged as well as the whole body, yet it will not be indeavored as far as I am a_ble to see into mens minds or practices) are no way possibly removeable, but by Your Honours either compelling them by acting Ingenuity themselves, or else so incouraging o_thers that are desirous thereof, that None may Prejudice Improvements, by denying any liberty for carrying on the Work, receiving reasonable satisfaction for the Dammage. To which if your Honours please to add but one thing more, to give your best incouragements to all ingenious honest-hearts, some such there are that have more within them than they can express, and many such you need, and the Common-wealth more, whom while you are carefull to countenance, from Hucksters and Impostors, God will either keep you or inable you to discover, but if any one can make A clear discovery of any new Invention for the advance of Lands, Trade or Merchandize, If your Honours please to confirm it to him for a season, to reinburse him_self a little, it being unconceivable what some Ingenuous men run themselves out herein, I cannot see the least Prejudice to any, but a great incouragement to all, nor can I have the least glance homeward, though plain dealing be a jewell, I finding my poor plain principles will never reach the honour of an intire discovery, if I can either draw any thing to life out of the deep judgements or opinion of the more learned, and have out any thing to a profitable ex_periment from my own practice, and hereby gain oppor_tunity to cast it as a Freewill Offering into the Common Wealths Treasury, as the best and all I have to give, is my utmost Emulation. All which humble Proposals, though Unbeseeming me to present, yet a hope will not be thought Unworthy the grave and serious Consideration of Your Honours Wisedome, as being so much conducing to Publique Welfare, in which you are all ingaged; to whom in this your Publique Welfare, in which you are all ingaged; to whom in this your publique relation, I have said so much as I must humbly beg your Honours pardon, and shall say no more because in the succeeding Epistles your particular advantages will be cleared, and in the discourse at large your selves discovered to be as much discovered to be as much concerned and as capeable (in the common-wealths advantage) of as great if not greater Improvement upon all your own particular Estates as any, which I leave before you untill the fittest season for your Lordships Consideration and actings, as may seem to you most conducing to the good of all Concernments. The All-wise God guid you in your great Affaires, and make you gloriously Instrumentall to the prosperity of the Na_tions; These are and shall be the uncessant and Earnest desires of

Your Honours unworthiest ServantVValter Blith.

The Epistle to the Industrious READER.

I Shall here through thy good acceptance of my former mean Peece, and earnest Importunity for the shaddowes or Pictures of those severall Tooles I offered, and some other particular additionall waies of Improvement I promised to discover, present them all unto thee if God shall please to assist it to the Compleatment; wherein I shall a little by way of Reparation in some parts underbuild, and some lean to, or less necessary, quite pull down of the old work, and yet not deface it neither, although by my hands it will never be uni_formable, onely may be wholsome and keep warm in Winter: I shall there_fore forbear to mention here any of the particulars therein handled, but refer thee to the Book it self; yet shall let them know (besides some illu_strations upon some of the former passages) I shall clear my promise in all particulars as to the Land Improvement, & give in as clear a discovery of the Tooles as I can in their severall figures. And by way of Addition, or as second part, I shall hold forth how thou maiest make great, and may be greater Improvements than have as yet been usually made in Eng_land upon thy Lands divers other waies.

As First, in the Mystery of Planting all sorts of fruits, with the speediest raising them to perfection.

Secondly I shall endeavour the facilitating the great weight and burthen of the Plough, and give you the description of some formes most suitable unto ease and speed, and hope thereby to take off a considerable strength and charge from the Husbandmans daily toil.

Thirdly, give in the best experienced way of planting Hemp and Flax, Rape and Cole-seed, Oad, Hops, Saffron, Licorish, and some other of our English wealth.

Fourthly, I shall endeavour to discover by what meanes we may possi_ble raise the benefit of the Clover grasse, St. Foine La-lucerne to the nearest president to France and Flanders, for worth and quality, as our English climate and best husbandly experience will admit.

And Lastly, shall take boldness, with my good friend M. Samuell Hartlips leave, to paraphrase a little upon most of those deficiencies in husbandry which his friend charges us withall, of which we have more than a good many, and not so few as he speakes of, and reduce so many of them that I have not spoke to already in my first Edition, unto Practicall husbandry that fall under any of my experiences (which though they bee but coarse and mean, yet have been gained hardly, by many toilsome tedious Journeyes, and very great and large expences) and for the fur_ther light and help to the clear understanding of the Mystery of Im_provement (for so I call it, and so it will be found when thou commest to the reall practise of it, and may be more mysterious then thy princi_ples, customes, and experience will reach unto) I would direct thee a little to consider, what hath been written in this kind by former gal_lant Instruments worthy of perpetuall honour. Mr. Markham did ex_cellently for his time, so did Mr. Gouge in his Husbandry; Mr. Tuffer rimes out his experiences to good purpose, and in all their bookes thou maist find out many things worth thy observation. Sir Francis Bacons Naturall History is worthy high esteem, it is full of rarities and true Philosophy, Sir Hugh Plats Adams art revived is of good report, I never yet could gain the sight of it, though Mr Gabrell Plats discovery of hidden Treasure is very ingenuous, and could'st thou but fathom his corn-setting Engine, and clear it to thine own and others apprehensions, it would be of excellent use without question: but for the Country Far_mer Translated out of French, with some two or three other little books, I can find but little Edification or Addition to our own English expe_riences, what other men can find out of them I know not, but leave to thee to discover, but for the rest they have been a great and clear light to our Horizon: yet among some of them, one is worthy reprehension, which is their large observations of season: signes and planets, forgetting God the maker of them and blesser of all things, as if Seeds, Herbs and Plants were to be sowen in the Moon or Planets, which should they be observed they had need produce a double profit, because not half of any would be sow'd or planted. These times have let in so much light as will discover the vanity hereof. But I must not forget Mr Samuell Hartlips peeces lately put forth as discoveries made to him of great advancements o_ther Countries have made unto themselves thereby, both which in some particulars are naturall, and suitable, and experimentall in this Nation, and of great advantage, and merit high esteem from all, and in other particulars I know not but why most of them also may be so applied and experimented too, as to raise a good, commendable, and profitable advan_tage if they fall into the hands of ingenuous husbandry. I have therefore endeavoured to make my thoughts as legible as I can concerning them, as well as all other the aforesaid, though not to so good purpose as I should, yet to provoke the more Ingenuous to correct them to their own advan_tage, although I shall render my self subject to various opinions, and though doggs bark I pass not, if the Ingenuous Reader will not con_demn before hearing: my design shall not be to contend against former mi_stakes, New discoveries will admit some of them; but I shall perswade all men to a thorough triall of what they find most probably advantage_ous unto them: And what by my self shall be here held forth are most of them experimented to thy hand at my proper cost and charge without the assistance of any other purse or person, & so visible that thy own eyes shall be thy Judges, and the rest shall be so clearly held forth by irrefragable demonstration and evident conviction of the places where, and the persons by whom, as thou needest not scruple; it is time, the world is full of conceits and phantasies, nor can my self challenge immunity there from; yea reason it self hath neer beguiled me till Experience hath conclu_ded the question: And there is a naughty generation of men that have brought an ill report upon Ingenuity through their pretences of great abilities in Enginreeship, and great experience of raising and drawing water, floating lands, oyling corn, advising strange compositions for Seed and Land, pretending great advantages by Chimistry, yet have or could not bring forth the fruit of their great undertakings, some through want of meanes to accomplish their work, not wisely forecasting at first what it would cost; others indigent in their principles, having seen or done something, therefore thought they could doe all things; and o_thers through a base spirit of deceit, and may be some for want of Pati_ence to try the issue: all which have brought a scandall upon Ingenui_ty. Though I verily beleeve much may be done by many of the aforesaid meanes, and more will be discovered by unthought of waies, many men having so good inventions and very able to advise great things for the Common-wealths advantage, yet may not be able of themselves to bring forth the same to publique experience; such may and do deserve some publique incouragement. A base privacy of Spirit hath so tain_ted us that few can vouchsafe publique service any publique honour, nor publique Instruments a publique recompence: Yet still look thou out to duty, charge not Ingenuity as an innovation, but act vigorously in thy station; good husbandry is as the sinnews and marrow that holds toge_ther the joynts of common good; all workmanship without Invention re_solves it self into the workmans belly; for though a new world hath been of late discovered, yet there is not an occupation or trade of finding them, nor are our English people very active in searching after them; Study Improvements, which though they may not be said to be either Father or Mother to Plenty, yet it is the Midwife that facilitates the birth. See what shiftings people make for livelihood, how many severall callings doe men make, and yet unmake the main: The exercising these projections accompanied with a blessing (if I may so call them without offence) will open a way to the relief of thousands. The Common-wealth is low, and misery and penury will follow if we do not rouze the sluggard, and post after Industry, pursue all advantages of Improvement whatsoe_ver: It is a great argument to quicken me to the more speedy publication of this third Edition, & the rest of the new additions to it; & though I here hold forth most of my own experiences, & may be said to be a Trumpeter of my own praise, yet if thou wilt but consider, First, that many of these particulars have been wrought as particular Rules or instructions to private friends as my own experiences, & to alter them will make so great an alteration in the whole, as my present occasions wil not suffer. And Se_condly, because I find so great abuse by some mens high affirmations, pro_ving but conjectures, as hath brought Ingenuity under the scandal of pro_jects & new devises, which men will scorn to deem them so when they are made experiments. And thirdly, because the subject, though poor & plain to be discoursed, and great proof made thereof to good perfection, yet when thou commest to the thorough practise thereof, thou shalt find it so ambiguous, as notwithstanding, all my allusions to my own experience will be little enough, and then thou wilt excuse me. And could the Au_thour have been thus supplied, it is great odds whether this Peece had rendered it self unto the h�zzard of acceptance or disgrace in so rude a manner; I should have added much more, but that the Epistle might have swelled into a volume, and therefore chose rather to divide what I had to have spoke to the particular rankes of men whom it most con_cernes, and so have distributed to each a portion as I conceived most sui_table to work their spirits into a flexibleeness of practise and accep_tance, which if they set unto experimenting, I hope they will raise such fruit thereby, as to witness to, or be Credentialls of my Frontispeece. Although I indeavour so mainly to work my Improvements out of the Belly of the Earth, yet am I neither of the Diggers mind, nor shall I imi_tate their practice, for though the poor are or ought to have advantage upon the Commons, yet I question whether they as a society gathered together from all parts of the Nation could claim a right to any parti_cular Common: And for their practice, if there be not thousands of pla_ces more capable of Improvement than theirs, and that by many easier waies, and to far greater advantages, I will lay down the Bucklers: Nor shal I countenance the Level principles of Parity or Equality, which they seem to urge from the begining, till I see the heads of Families and Tribes, Judges and Governors, Lords and Princes of whole Countries, blotted out of the first or succeeding generation; unless they bring us to the new Jerusalem, or bring it down to us, when we shall not need to trouble our selves about greater or lesser, or any distinction of person, places, or estates, any more, but this Parity is all I endeavour, to make the poor rich, and the rich richer, and all to live of the labour of their own hands. And thus clearly demonstrating what I have pre_mised, I hold my self disobliged in all my promises, except in this which will be fitter to be presented in a Volume of it self, after some good proof given to the world of thy industry in improving thy lands, viz. Some speciall directions when thy Lands are improved, how to use them or stock them to the best advantage of the Common-wealth and thy profit, and therein shall indeavour these five or six particulars, First to hold forth the best way or meanes of breeding or rearing all sorts of cattle, sheep, beasts, or Horse. Secondly, to shew the way of Cow-keeping, Dayrying, or raising most Cheese and Butter. And thirdly the waies of Grazing and feeding all sorts of Cattell; All which are three staple Advantages of the Nation, and will hold hands with Tillage, Corning, Trade, and Merchandize; and shall add, Fourthly how to raise a great advantage out of Goates and Conneys, for your har_der stocking Lands, and some two or three more particulars, that thou maiest not be wanting in the usage of thy land as well as in the Im_provement of it, and it shall strive excedingly to dismystery them all; and in the fift and last place shall proportion all with the most suitable_ness I can to those severall lands by which they may advance the highest profit and greatest increase, and all as largely and plainly dis_covered, as I am able. By a wellwisher Of prosperity to each self, which is the Common Wealth,

Whose faithfull servant isWalter Blith.

To the Honorable the Souldiery of these Nations of England, Scotland, & Ireland. Gent. Commanders or Souldiers.

IT may be thought strange to direct an Epistle of this nature to you, as conceived by most, least capable of being Instrumentall of advancing the common good in this nature; yet knowing strange things are wrought by contraries, and finding the best husbands (through my observance) among those who have been least conversant therein, have not the least hopes of you; yet from a Principle of charity too, lest that your learning your fingers to fight, and discontinuance of your callings, might disuse your bodies and minds so from labour, as to discourage you from your callings, have thought fit to let you know, You also may be very capable to doe good service to your present Gene_ration in this design: And though many say you are more likely to lengthen out the War to prevent Improvements, I am of better hope, and sure, that the Armies late progresses have manifested the contrary, yet I shall humbly take the boldness to press your speeding as full an end thereto as you are able, both for your own good, and these Reasons. 1 Because of the gooness and welcomness of a Calm after a Storm, no less will be a setled Peace after so great a War, and a little breathing will recover strength and spirits.

2 Because you need not fear want of good Imployment afterward: This piece will open many doores for that, and I am confident Activity and Ingenuity will much inlarge our Quarters, and make this Nation Rehoboth, and with good husbandry indeed would more comfortably maintain hundreds of thousands more than are allready born, and I hope you will learn to hate Idleness wholly, as love Liberty dearly.

3 And lastly, because your selves are interested and possessed of many lands, and those such too as will admit of great Improvement with wise management, and some of them as great as by this discourse is here proposed; and though you may conceive your late lands designed for your pay were highly surveied, and to all advantages to raise them, yet those advantages of Improvement were not to be considered, nor indeed could be discovered by them which understood them not; nor was any of them purchased at any other rate than the present va_lue to be then set and let to present Tenants; which Lands are as full of vast Improvements as any lands in England: for all which causes I need press no more, but in the honour I bear to a Souldiers name, which God himself hath ho_noured by stiling himself a Man of War, although I take no pleasure in War, otherwise than in submission to Gods will, and the accomplishment thereof, which is not to be resisted or repined at for the satisfaction of our inclination to ease, peace, or rest; upon this account or any other, I beseech you (so long as necessities command you to it) to preserve alway a good Conscience within; for although hopes of Victory without may carry man through great hardships, yet your peace with God reaches up to heaven, and cannot be scaled with Ladders, nor undermined with batteries, being founded upon a Rock, nor starved with famine, a good Conscience being a continuall Feast. Mr. Fuller in his holy War gives this description of a good souldier, That he that is most couragious in War, is quiet and painfull in Peace, and comfortably betakes himself to his calling: The wiel_ding of the sword hath not made his Spirit unwieldy for his private Calling. And I having this opportunity to distribute this mean peece into the World, thought good to offer a Portion amongst you the Honourable Souldiery, as for Edificati_on how you may turn Improvers too, also humbly to desire your assistance in the work so far as in you lieth, to remove some grievances and Impediments of the Common-wealths advantage, largely discovered in the other Epistles, which brevity causes me to omit, and so no more but humbly pray you study how to serve your present generation in extolling Gods glory, endeavouring the com_mon-good, and in the interim abandon privacy of spirit. Remember Christs Coun_sell, view the promised Land, and rejoyce to think of that day when your swords shall be turned into Ploughshares, your speares into pruning hooks, and Christ only be exalted in the Earth, and you brought back again to sit under your own vines and figtrees, eating the of fruit your own labours, and enjoy one another in Peace; which once accomplished, here is cut out work for you, some to till the Land, and others to feed the Cattell, as from the beginning, so will this be the lasting Improvement. Then will the God of Peace keep them in perfect Peace, whose minds are stayed on him, And Emanuell will break in pieces all that gather against him, which is the Confidence and full Expectance of

Your quondam brother, fellow Souldier, and very ServantWalter Blith.

To the Book GO tell the World of Wealth that's got with ease, Of certain profit (gain most men doth please) Of Lands Improvement to a treble worth, A Five, a tenfold Plenty's here held forth; The greedy Land-Lord may himself suffise, The toyling tenant to estate may rise, The poor may be enricht, England supplyid For twice so many people to provide; Though this a Paradox may seem to you, Experience and Reason proves it true; By floating dry, and purging Boggy Land, The Plough old Pasture betters to your hand; Directions to Inclose, to all mens gain, Minerals found out, Land rich'd with little pain; Woods ordred so, in few years yeeld such store, So large, so good as you'l desire no more. In fine, all Land in each Capacity, In which it lies, made Pleasant to your eye.

P.W.

To the Author. THe way is new my friend thou seem'st to go; We should incourage Art; But thou must know Thoul't meet With Criticks, and backbiting foes; Bad men the best of Works will still oppose: If but what only pleaseth all mens sight Should come abroad, no Work should come to light; Good is made better by Community, It's Publique good to quicken industry: Thou'st spent thy time, thy Paines with great Expence On Countries Good, for love not Recompence; Let others read, I'le labour what I can To imitate this Compleat Husbandman.

A true Friend to thee, as thou to all,

P.W.

To Captain W. Blith upon his Improved Improver. FEw, upon search amongst the multitude Of human race appear, who are endu'd With such a noble Genius, as by art Can heighten Nature, Fewer this impart: For 'tis an Axiom unto most unknown, That that's the best of good which most is shown; Unless some Patents for the same requite With publique recompence their private mite. How then ought all to Count this Author rare! Who by experience and observant care, Knows how to husband grounds to their best use, And doth to publique light what's known produce! Who clearly aims in what he doth unfold At Common good still adding new to old. He gave us heretofore to understand The Art of floating and of Watering Land, Taught us how Fens and Bogs we ought to drain, How each one might by fair Enclosure gain, How antient Pasture might by tillage mend, Till'd ground by Grazing to improvement tend; What soyl and compost for each ground is good. And what waies further best the growth of Wood. To these this third Edition doth discover The most approved means to husband Claver, The art of planting Liquorish descries, Of Madder, Woad, and Weld for richer dies: The Planting Cole-seed, Flax and Hemp's declar'd And how the Ploughs expences may be spar'd. How of especiall use ground may be made For Gardens and for Orchards, is displaid Which this Survey of husbandry discovers At easie Rates but not without endeavours; Improveth Land, to three or five Degrees, Held forth most plain, not kept within skies; But casts it all in such a curious mould To raise from one to ten, yea Twentyfold: Lastly the Souldier doth example yield, How he should till as well as fight the field, How swords should turn to plough-shares, when warres cease, And what imployment suits with times of peace.

Thine upon the pub_lique score

T.C.

To the Husbandman, Farmer, or Tenant.

TO you of all others I might spare this paines, you the very practitioners, you that trade in Husbandry, of some of you I have high things to report, both for your industry and activity; and though I am confident all men are thirsty enough after profit and increase, yet few studiously industrious in this design; though some esteem it matter of greatest moment, yet you will not all be found patronizers hereof; there is such a scandall and prejudice among many of you against new projections, that I shall beseech you to take a loving ad_monition in two or three particulars, The first is an Epidemicall disease (and little less are the succeeding) and it is a great mischief to your selves and the Common-wealth, and that is such an immoderate plowing your land; some plow far more than they can Til or Ma_nure, and others all they have in common, though never so much, others plowing so oft and low, that they draw out the marrow of it, and these are the great Improverishers of your gallant old pasture, though fit enough to plow, & might be best advanced thereby with mode_ration; but into both these extremes men are so apt to run so fast, that I desire to stop their course a little, and shall make bold to tell them, that when half or one third part of so much land as many of you Till, shall with that very soyl, and half the labour and seed saved, yeeld you as much corn as all that great quantity scramblingly husbanded, that then you are ill husbands; which you wil confess if that you wil but grant me that which no man wil deny, that one Acre purely husbandryed (and what need any be otherwise, or any break up more than he is able well to compass) will be as good as two or three in many mens ordinary pra_ctise, but in some of your whole-sale husbandmen that plow all before them, four or five A_cres will not ballance one purely husbanded, then judge so much land preserved from impoverishment, so much seed and cost preserved, and yet as great increase, whe_ther the opposite actors be not enemies to themselves, families and Common-wealth. The second abuse is want of good tillage, wee lose our hopes excedingly by this; and herein we must both have respect to season, land, and corn; for good seasons at all times cannot be expected, yet of two evills chuse the least. I am confident better sometimes lose the land, than land, seed, and all your labour, as many do that outslip the season: but for prevention, begin earlier; I am confident though it may admit of some inconveniencies some_times, yet at other times is out of question, but generally both Summer and Winter seed_time carries it away, sure it hath these advantages, that if it prosper not, you may sow it a_gain, or if the latter part of seed time at Michaelmas time prove wet, you are well, ha_ving sowed before, or the latter part of seed-time in the Spring prove dry, as most oft it doth, you have prevented that, and what is the great danger of growing proud in Winter, that is to mee a vertue, and if in the Spring, it is easily taken down also; and if thou fearest weeds, I am of opinion that the stronger and thicker any corn is, it preserves it self the best from weeds; but there is a Medium in all things, too thick sowing may be as bad, but this ever observe, that the earlier thou sowest, the thinner thou maiest sow thy winter corn, and summer too, if the season be good, and land dry and sound: And secondly, to your land you must have respect too, Land in good tilth, in good heart and sound, in a good sea_son, will out-cast its very marrow, through the Lords blessing expect fruit enough: Men much wrong their corn in not giving their Lands sufficient workmanship, I am not precise in the number of Plowing nor Harrowing, but just so much and no more than preserves the Land from weedes, and best brings the land into such a composition that your land mould well. I shall not justify the old Proverb, here, No balkes no corn, I say not balkes, all corn, even cleanly plowing is most commendable and most profitable; to some grain more til_age, to some less is required, yet to none no less than may both cover well and yield good bot_tome and rooting to the Corn. And thirdly for your Corn, some graines require more tillage, others less; some will better bear a drier season, some a wetter; some grain more subject to one weed than to another, some grain will do best with two summers, and others with one: In all which consider and advise thy self as much as thou canst of the nature of them all, and make out what experiences thou canst thy self, and somewhat incline to the most ingenu_ous usage and custome of thy Country. In some cases a good custome is instructive; but I'll be brief here, that I may be a little larger elsewhere following. The fourth and last abuse is a calumniating and depraving every new Invention; of this most culpable are your mouldy old leavened husbandmen, who themselves and their forefathers have been accu_stomed to such a course of husbandry as they will practise, and no other, their resolution is so fixed, no issues or events whatsoever shall change them, if their neighbour hath as much corn of one Acre as they of two upon the same land, or if another plow the same land for strength and nature, with two horses and one man, as well as he, and have as good corn, as he hath been used with four horse and two men, yet so he will continue: Or if an Improve_ment be discovered to him and all his neighbours, hee'l oppose it and degrade it; What forsooth saith he, who taught you more wit than your forefathers, would they have neglected so great advantage if there had been any? they kept good hospitality, and made shift to breed up many children, &c. and I know not what simple chaff to blind themselves; this proud un_teachable spirit an ingenious man abhorrs, which banes and poysons the very plenty of our Nation. These prejudices both upon your minds and practises which boult you out from wealth and glory, my dear friends and fellow husbandmen, I pray you lay aside, and doe but in charity walk with me a little through this discourse, and I shall hope to satisfy that there is no other end but common good proposed, The poor, thy posterity, and all Inte_rest advantage here intended by him that is as studious of thine, the Common wealths Improvement, as his own.

W.B.

|CEC |Y1660 AN EXPEDIENT For Taking away all IMPOSITIONS, AND For Raising a REVENUE without TAXES. by erecting Banks thro Proposals for the Benefit of Trade HUMBLY PRESENTED His most Excellent Majesty King Charles the II. By Francis Cradocke Merchant. &horbar LONDON, Printed for Henry Seile, Stationer to the Kings most Excellent Majesty. 1660.

May it please Your most Excellent Majesty:

HOw unfit and unworthy a choice I have made of my self, to ap_pear in a work of this nature, mine own Reason, though ex_ceeding weak, hath sufficiently resolved me: And notwithstanding Opinion better than Truth can travel the world without a Pasport, where there are as many internal forms of Minds, as external figures of Men; yet my hopes are, that by publish_ing the honour done by Your Royal Per_usal to the Manuscript, before it saw the Presse, and recommending the same to Your Majesties most honourable Privy Council, this may obtain the favour of their Debate, and receive the better common ac_ceptation.

I have had it under my consideration about four years, (and thought it a jewel unfit to cast before such Governours:) What esteem it will receive by others I cannot promise to my self, my ambition in it is to serve my Sovereign Lord and Countrey, whereunto I am more obliged than many others, in that Your Majesty hath dealt so bountifully by,

Dread Sovereign, Your Majesties Most thankful Subject and Servant, Fran. Cradocke.

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

I Expect so little credit will be given the Ti_tle, that, should I be large on the Subject, I question whether it would be esteemed worth perusal: And having propounded so great ad_vantage by erecting Banks, I conceive it proper first to give You some hints of the nature of them.

A Banke is a certain number of sufficient men of Credit and Estates joyned together in a stock, as it were for keeping seve_ral mens Cash in one Treasury, and letting out imaginary mo_ney at Interest, for 3. or more in the hundred per annum, to Trades-men or others, that agree with them for the same, and making payment thereof by Assignation, passing each mans Ac_compt from one to another, yet paying little money: Inso_much, that if a Merchant or other person want money, if he hath or can procure credit in Banke, he may make as good pay_ment by Assignment in Banke without it: As for Example, the said Merchant buyes Cloth of a Clothier for 100l. value more or less, and goes with him to the Banke, where he is Debtor for so much as he takes up, and the Clothier is made Creditor for so much as he sold his Goods for to the said Merchant: Then such Clothier having occasion to pay money to a Stapler or Wool-monger for wool bought, the said Clothier is made De_bitor, and the Wool-monger Creditor upon account, the said Wool-monger buyes wool from a Countrey Farmer, for so much money more or less, so the Wool-monger is made Deb_tor and the Farmer Creditor; the Farmer must pay Rent to his Landlord, and is likewise made Debtor and his Landlord Creditor; the said Landlord for his occasions buyes goods of a Mercer, Grocer, Vintner, or the like, or from all, then he is made Debtor, and such Mercer or other Trades-man Creditor; then peradventure such Mercer or other Trades-man buyes goods from the same Merchant that took up the first credit in Banke, and stands yet Debtor there, but upon sale of his goods to the Mercer or other Trades-man, both clears their accounts in Banke. And so in all Trades, as occasion presents.

These Bankes in the several parts of Europe where erected, being so held by Merchants and others, joyned together in a stock, and credited by the monies brought in thereunto (which money for the most part there remaining, and payments being made upon the credit thereof by assignment in Banke as afore_said) might as well be done here onely upon the credits of Landed men, whereof they have few in Holland, and in other parts, lying convenient for Trade; where Land is, the Own_ers thereof are seldome found to be Merchants: So that Eng_land (if but sensible of it) hath an advantage of all parts in the world, as lying in the centre of the Trade of Europe, enjoying safe and commodious Harbours, wanting few necessaries, no Lands nor persons naturally inclined to Trade, if not discou_raged by great Customes, Excise, and the abuses in Collecting it, and by the want of stock, or a supply thereof at reasonable Interest.

To free England of these inconveniencies, and supply it with a stock for Trade, as great as shall be requisite, without bring_ing in more Bullion, it may be done three manner of wayes, never yet practised in Europe, and the whole profits thereof (which will be considerable) be also converted to His Majesties Revenue for defraying the publique charge of his Kingdom, in case His Majesty and Parliament shall think fit to erect either of these following kind of Bankes, for the accommodation of Trade, in the most proper places of England; assigning to each a proportionable division of the Countrey adjoyning, where all mens Estates in lands, houses or rents, either for Lease of years, Lives or in Fee, may be registred; as also all morgages, claims or other interests pretended thereunto, with morgages or pur_chases at any time to be made thereupon. This may be done, so as all fraudulent Conveyances may be prevented, and yet no mans Estate be discovered more than at present: For if the propriety be found to be in A by the Register, its no matter though B be the true proprietor, for then A can wrong none but B, who hath intrusted him; or if B be doubtful to trust A, and yet desire to conceal his Estate, which he cannot well do without him, B himself may own the Estate, and allow A to enter a Morgage to (or near) the va_lue, and take his defeizance for the same: so that in this case A cannot cheat B if he would, nor either of them any other, though both should combine therein.

That the said places for Bankes being established, Estates re_gistred, and a Survey taken of such Estates, whereby the value may not be entred above its real worth. Any persons may be ad_mitted to have credit in Banke, for any summe safely to be lent under the value of his Estate, without other security or ceremo_ny of Conveyances, than the hand and consent of such person as is the proprietor, he paying Interest for the same at 4. per cent. per ann. quarterly into the said Office. This Survey may be taken by a Jury in every Parish, and delivered to the Sheriff of the County, or at the Banke upon Oath, and will be done with a small charge to His Majesty, and in little time.

First then, to effect the end aforesaid, it may be done with_out money, by a Law enjoyning all payments to be made in Banke of any summe above 20l. sterling, for all lands, goods and merchandizes sold whatsoever, which is done voluntary in other parts, where Bankes are erected by almost all persons, who find both ease and accommodation thereby, and the Bankes here (like those in forreign parts) will be and serve as a general or National Cashkeeper of all mens moneys and accounts, trans_ferring them from one person and Countrey to another with much facility, not onely preventing the danger of Robbery, but the trouble of counting, and loss in receiving clipt and bad mo_ney, which is the cause that payments made in Banke are ge_nerally esteemed better than in specie by ten shillings in an hundred pound; which would have the like esteem in England, were Bankes once erected. At first erect_ing Bankes in Holland, all local payments were enjoyned to be made in this manner, but the ease and accommodation being found thereby, it became a most voluntary act, as it doth at this day continue, to the great enriching that Countrey.

The second Expedient is, without any Imposition, leaving all persons free to take or make payment, either in Banke, or by money in specie; which will, I presume, bring in the same ad_vantage to His Majesties Revenue; but not properly be erected without two millions of money; but if once setled would out of the same produce a million per annum profit, and stand alwayes as a constant increasing Revenue: For, by computation there is yearly paid in England for Interest Bottomree, and other kinds of Usury, two millions; for which should all Usurers call in their principal, it would amount unto thirty five millions; when there hath been but twenty two millions coyned in Eng_land in and since the Reign of King Edward the Sixt, both in Gold and Silver, which, I presume, is at least one half exported, whorded up, or melted down; and allowing the Usurous pro_priety to be the moyetie in all Coyn passing from one hand to another, it must necessarily follow, that all the said great Reve_nue is brought into them by five millions and an half real ster_ling money; which is no Paradox, considering that all monies, though passing but through the hands of Usurers, doth yield to each of them the full yearly Interest; which may be done for one and the same summe of monies ten times in twelve mo_neths; moreover by the money brought into Banke, (which under the setled Government of so hopeful a Prince will be un_doubtedly most that shall be imployed in Trade) why may not His Majesty make a profit thereof as well as the States of Hol_land, which doth let out the same at Interest, as they have done great summes in England, and yet support a much greater Bank without Land upon their credits onely, it being generally con_ceived that they have not at any time in ready Cash the tenth part of what the Banke stands Debtor for to private persons, although they abound in money for want of Land to purchase. The two Mil_lions herein mentioned, is intended for the payment of all such as desire their money out of Banke, for its presum'd such there will be, and such a Banke as this must have money alwayes ready; for the being punctual in payment will so credit the Banke, that most will keep their Cash therein for their own advantage.

The third is such a Bank as may conveniently be erected both of money and credit with a less summe, setting Interest at such differing rates, as in time may invite all men to esteem credit as good as money, which is accounted better in forreign parts, as in truth it is, though seemingly otherwise; which disparity will be at all times reconciled by an Exchange or kind of Broker_age, like that of Plate and Black-money, where currant; which several kinds of Bankes having no President, I shall not presume to prefer either as most proper, but submit them all with confi_dence, that the worst of them will prove of great use and advan_tage to England, if once erected. In this way the Banke will not be preju_diced for want of money, but be supplied with Bills, which may by a Sovereign stamp be allowed to pass in a City or County instead of money, and be returned within a year, so that by setting a lower Interest thereon, will cause it to be equal in esteem with real money.

That all Merchants that have no Estates real in Lands or Lea_ses as aforesaid, may also have credit in Banke, upon depositing any Goods (not perishable) of an equivalent value in his Maje_sties Ware-house, in every Port or other place where such Bank shall be erected; and that any person having monies in Cash or in Bank in one place, desiring to have it transferred for his ac_commodation, and to have it again either in Cash or in Banke in another, may be accommodated, allowing onely 10s. for e_very hundred pounds so exchanged or remitted.

That every the aforesaid Bankes may furnish another petty Banke (or Mount) of Charity with a competent stock, to lend any summe under ten pounds upon Pawns at a reasonable Inter_est, for the accommodation of poor people and others desiring the same. And that the persons put in to govern in these Banks may have the management of all other publick receipts with_in their several districts, which will lessen the publick charge: And if such Banks are found to be advantageous, others may be also erected in Scotland and Ireland in like manner, for the accommodation of those there resident, as well as others li_ving in England and trading thither. The foundation of these Banks being Land, will be estee_med (as in truth they are) the most secure in Europe, for that every Creditor will be sure of land in case the Bank should fail of money, and neither His Majesty nor Officer will be intrusted, but the Estate of one man Debtor to another.

The advantages which either of these Bankes by an ingenious ma_nagement will bring into his Majesties Revenue.

By the help of these Banks his Majesty or Kingdom shall have credit at any time (wanting monies) either in England or in for_reign parts, for a million, without engaging private persons for the same.

It will adde to the reputation and honour of this Kingdom, and render it more in esteem with forreign States and Princes, by so much as the Trade and wealth of England will thereby in_crease, and consequently the strength at Sea by the many ships which will be more imployed.

It will bring into his Majesties Revenue all the Interest mo_ney paid in England, and money paid on Bottomree to Scriveners and others, which at 6 per cent. amounts unto by computation yearly two millions; and when to be had at 4 per cent. will be one million three hundred and thirty thousand pounds per ann.

It will also bring in a profit by the persons that now deal for time, who will then get credit in Banke, and pay ready money for their Commodities, which by computation are now bought upon credit to the value of five millions yearly, the Interest whereof at 4 per cent. will amount unto two hundred thousand pounds per ann.

Moreover, all Merchants that usually keep unvendible goods by them, as a dead stock upon their hands, will take up credit in Banke thereupon for continuing their Trade, of which goods there is by a like computation at all times remaining as a Drug on the hands of Merchants the value of four millions, which at 4 per cent. is one hundred and sixty thousand pounds per ann.

Also when there is a certain conveyance by Exchange of mo_ney (or by imaginary money) from one place to another at so easie a rate as 10s. for an hundred pounds, no person will then adven_ture to carry any summe considerable, though but a dayes journy, considering the having it in Banke will be esteemed worth so much in the hundred, the profit of which remittances cannot amount unto lesse yearly than thirty thousand pounds.

By the petty Bankes to be erected, when money will be had at easie rates, and without charge or trouble of Bonds and personal security, the numerous (though small summes) to be taken up, will, I presume, yeeld profit to Bank ten thousand pounds per ann.

The Revenue estimated that this will bring in to His Maje_sties Revenue is one million seven hundred and thirty thousand pounds per ann. which will not cost in managing twenty thou_sand pound per ann. which is four times as much as is made of Customs and Excise of goods brought into and exported from England: Besides this Kingdom will so flourish under a free Trade, that it will soon become the Mart or Emporium of Eu_rope for all forreign commerce. And this Revenue being sup_ported by Trade, and a supporter of Trades will by an ingenious management accordingly be improved.

The benefit to the Subjects.

By registering all Estates, every mans title will appear in real_lity what it is, and many controversies and suits in Law be pre_vented.

It will very much advance the price of Land, and preserve many Families from being ruined by the extortion of Usurers, and yet make the Usurers gainers also.

The Nation may by degrees (as the Revenue doth increase) be eased of all Taxes, at least Excise may forthwith be taken a_way from all Forreign goods, and Custom also where its found a burthen on Trade, if this Revenue (or profit of these Bankes) doth amount unto but the one sixt part of the summe estimated; so that England will flourish under a free Trade, to the encou_ragement of Merchandizing, the building of Shipping, and sup_port of Navigation.

By the benefits of Bankes most ingenious men will be furni_shed with stock to trade at small Interest, and honest and able men be supported in their credits.

It will make English Merchants capable to engross the com_modities of another Countrey, and withhold it from others, as the Dutch do at present from us by the help of their Bankes.

It will procure English Merchants credit in foreign parts, or in forreign Bankes to buy any commodity there without money, as well or better than with money, and upon as good terms as the Hollander or any others.

By taking away the duties from forreign Goods brought into England, we may (by a prudent management) get the Duties ta_ken off from English Manufactures in forreign parts, and by that means under-sell all others, which the Hollander will not be able to prevent nor obtain themselves.

It will in fine increase Trade, Trade will increase wealth, wealth and Trade will encourage our native manufacture, and all will imploy the poor, and I doubt not but in few years it will make England the Staple of Commerce, as Holland is at present.

I have not given so plain a demonstration, nor reasons on the particulars of either of these Banks, as the subject indeed more proper for debate, and sufficient for a large Volume, requires; nei_ther have I spoken any thing in defence of the many Objections which may seem to arise and Eclipse the utility thereof, presu_ming that no rational person will prejudge therein, till I have had command to answer his Objections, which I doubt not but to be satisfactory in, humbly conceiving that what I have in short hinted at, will be understood and amplified by the more ingenuous: I shall therefore conclude it with saying, that were this manner of Banking practicable in Holland, or that if the Hollander were possessed of England, they would by this means soon become Masters of all the Trade in the World.

Other necessary heads to be considered for the encrease of Trade, and encouragement of Navigation.

I presume, none will deny but that Trade ought to be conside_red, as well with respect had to publick as private interest; and therefore, I hope I shall be held excused for my Opinion, in hold_ing that Forraigners ought to have the like priviledges with Na_tives, both Trading in English shipping, which I conceive to be the best Expedient to make the Exports of England, exceed the Imports, without which this Kingdom cannot be richer then it is, and since every particular will in some measure be con_cerned within the general good of Trade, I shall presume to hint how far, (and with what restraint) it ought to be encouraged: First, for Exportation of our native Commodities, such as Lead, Tin, Wax, &c. of little or no workmanship; England cannot be too liberal in, nor grant too many immunities and pri_viledges, (though to her very Enemies) that may encourage the sending out of all Manufactures perfectly wrought up and Fa_bricated: regard being had to Wools, Timber and Leather, which in no respects ought to be Exported.

Secondly, for Importing of forraign Goods, such as Linnen, Sugars, Raw-silk, &c. which we stand in need of. It ought not neither to be discouraged by Impositions, though otherwise it be proper, to lay convenient duties on such Commodities Im_ported, as obstruct the sale of our own Manufactures; whereby to hold a Ballance in Trade without prohibiting forraign Goods, which if we once do, other Nations will do the like by us; and so obstruct our Trade in General.

Thirdly, for Transportation of such forraign Commodities, as are first Imported, (if done in English shipping) it will prove a great help to the over-Ballance of Trade, and therefore ought to have the like due encouragement with a reasonable respect shewn to forraign Vessels, though not equal to our own.

In all which three respects, England might have advantage of all the World, and by industry (under good Lawes) soon be_come the Mart of Europe, by reason of its scituation surround_ed by the Sea; the safeness of her harbours and superfluities of sundry Commodities which other Nations stand in need of, which would be the sooner effected, were these ten particulars observed, there being many others also worthy, which I omit at present.

1. By Imposing all duties to be paid alike, upon all Goods, by all persons, the difference to be only upon Commodities Imported or Exported in forraign Bottoms, (viz.) ships not built in England, and sailed by English Marriners.

2. By permitting all people of forraign Nations to Live, Pur_chase and Trade freely amongst us, whereby most of them will soon become profitable Natives, and bestow their wealth brought hither or here gotten, in Lands for their posterity; which the present Lawes of England compels them to Export, to the great inriching of forraign parts, and impoverishing of this Nation.

3. By using all waies of encouragement to advance the Fish_ing imployment, and His Majesties assuming His Prerogative of being Lord of the Brittish Ocean, which by the most ancient prescription ever belonged as Rightly due to the Kings of Eng_land; so that by prohibiting others to Fish on our Coast, and im_proving the same to this Nation, it will soon become of more worth to England, then the West Indies are to the Kingdom of Spain.

4. By encouraging new Manufactures and profitable inventi_ons with due rewards and priviledges, which will bring artificers from forraign parts, and in time (by industry) make all Arts com_mon amongst us; wherein we come much short of other Coun_tries, to the disadvantage of our own.

5. By erecting a standing Committee of Trade, whose corre_spondencie should reach over all Trading parts of the World; the effect whereof will not only inable them the better to contain the improvement of Trade here: but also to prevent many in_conveniences that have late fallen on England by the undermi_ning actings of forraign Nations, who have robbed us both of our Money and Trade, for want of a timely remedy.

6. By Constituting a Court of Merchants, where all Mer_chants and Merchant-like causes and differences may be Sum_marily decided.

7. By using meanes to encrease the general stock of England, either in raising the value of money for incouraging it to be Im_ported, (which I will not much commend) but rather do incou_rage the supplying it imaginary upon the Credit of Lands, to passe in payment by assignment in Bank as aforesaid, one of which is absolutely necessary in order to the increase of Trade in this Kingdom.

8. By taking away Excise from all Imported Goods, or at least forthwith to produce the same under the management of the customs (whereby to take off the superfluous number of officers,) it being but a small advance to the revenue, and an intollerable burthen on Trade, in the way its now managed.

9. By lightning the duty of customs, especially on Goods Exported and Manufactured here in England, and so regulating the Book of Rates made for payment thereof; that in few or no particulars the Rates exceed what is paid for the like Commodities in Holland.

10. By granting a free Transportation of forragin Commodi_ties with little or no customs detained for the same, whereby Goods here Imported may go out without being loaded with impositions, and find a market in forraign parts to the same ad_vantage, which will make England the Magazen or store-house of Europe.

Each of these ten particulars deserves to be more amply set forth, but I have been short in this as in the former, submitting it also to the ingenious Reader to Paraphrase thereon, taking only to set forth how much the putting them in use will de_crease the Revenue.

There being nothing in this whole discourse that reflects on the Revenue, but the taking away Excise from forraign Goods usually amounting to 175000l. per annum, and the granting a free Transportation thereof, 19000l. per annum, which is in all 194000l. per annum, which doth cost in managing 35000l. per annum, so the real decrease is but 159000l. yearly, which I am bold to affirm puts the whole Nation to as much Charge, by the trouble and other inconveniences of keeping a greater number of servants to attend the several Offices; the fetching of Tickets, and the interruption of the (too many) Excise Officers in the improper manner its now collected, which summe so expended would be otherwise imployed in Trade; and His Majesty, I presume, might have as much advantage by a reasonable Cu_stom out of the returns made thereof, which would be then re_ally paid, for that none will hazard their Goods, but all make due entries; so that the continuing those Duties fills the Chests in the Exchequer, as water doth a vessel, being poured in at the Specket whilst it runs out at the Bung.

Postscript.

I Have late published some few lines, touching regulating the Custom and Excise, wherein I did set forth that two hundred thousand pounds per annum, hath for many yeares been visibly lost for want of a better method in the collecting thereof: I presume to say, I can give a plain demonstration wherein its lost, and how it may be remedied. It is also proper for the consideration of His Ma_jesties most Honourable Privy Counsel, unto whom I most humbly submit, &c. &horbar

FINIS. &horbar

|CEC |Y1676 AN ANSWER TO TWO LETTERS, CONCERNING THE EAST-INDIA COMPANY. &horbar &horbar Printed in the Year 1676. SIR,

IN your last, I received two Letters in Print, Concerning the East-India_Company; which, considering that you have been acquainted, how great a part of my Estate is entrusted to that Society, I cannot but take it as a Friendly Advertisement; for which, be pleased to accept my Hearty Thanks. And I assure you, whatever my Sentiments are of the affair, I do and shall own it for an evident Demonstration of your Affection, that in the midst of your great Affairs, you should be so mindfull of my Concerns.

I have perused the said Letters, and can see no reason to believe that such Discourses should be published by any person whose Estate was entrusted to the said Company; or that had any real desire of receiving or giving satis_faction concerning the security of Money lent to them. No Creditor can be supposed to act so contrary to his own interest, as to make it his endeavour to weaken or lessen his security, by Exposing and Ruining his Debtors Cre_dit; or teaching him a way to defraud himself, which is the Language of those Papers. It must therefore be some other Person then a Creditor, and some other Design than a doubt about Security, that occasioned the Pub_lishing these Letters. There hath been a report that the Dutch had in De_sign to propose at the Treaty at Nimegen, a Restraint of the Importation of Callico into Europe, because it hinders the consumption of French, Hol_land, Flanders, and German Linnens: And lately some here did Decry the East-India-Company and Trade, because Callico (as they said) hindred the vent of Fustians and some other Native Manufactures. These corres_ponding so exactly, give ground to think they proceed from the same Coun_cell, and the Authour of these Letters may be of that Caball.

He first endeavours to destroy the Credit of the Company, by telling us, That their Seal is less security, than the word of any one sufficient man among them; for that not any one of the Companies Persons or Estates, (he meanes beside what is in the joynt stock of the Company) whether Real or Personal is thereby bound, neither can any of them be arrested or impleaded by virtue thereof, Who is there so ignorant, but knowes this? though the Gentle_man supposeth all are such Fools, that have lent money to the Company, that they were like fish drawn into the Net, by vainly imagining that every mem_ber in the Company in his Particular and Private capacity was bound to an_swer for the same. I dare say not one of forty that have lent money to the Company thought so. I have heard indeed of one that had a consider_able summe there, who upon the advice of some Councel of this Gentle_mans Capacity, demanded his money, which being presently paid him by the East-India-Company, he lodged it in Lombardstreet, where it lyes (and is like to ly) till the opening of the Exchequer. I suppose he rendered the Gentleman no thanks for his advice, nor accounts himself the wiser man for following it. If it be seriously considered, on what grounds, persons have chosen to put their money into the East-India-Companies hands, rather than to entrust it elsewhere; it will appear they were no such Fools, as they are character'd for, nor the Security so slight, as the Gentleman would have us be_lieve it to be.

The Gentleman preferrs a sufficient mans word, (I will suppose his bond which is more valid, in regard of the uncertainty of life.) It's difficult to know who is sufficient; all is not Gold that glisters, nor every man sufficient that is thought so. If he be sufficient when you lend the money, who can assure himself, he will Continue either sufficient, or honest. Men are change_able, and their Estates subject to accidents. Doth not experience evi_dence, that losses at sea, losses by fire, losses by bad debts, and other Casualties, have rendred Persons insolvent, that had great Estates and Credit, as also that sometimes Persons have purchased lands in their Chil_drens names, and otherwise so conveyed away their Estates, that their Creditors could never reach them; and if they seize their Persons they can live in the Rules, and laugh at their Creditors. As for lending money on Mortgages and real security, which is esteemed the best security; Is it not very troublesome to attend on Councell, to examine Titles, to make Con_veyances? And when all is done with the greatest advice and circumspec_tion; is it not very hazardous, in regard of bad Titles, Dormant Con_veyances, and Precontracts? can the most eminent and subtile Lawyers se_cure themselves? have not some of them been over-reached? And some_times when the security is good as to the main; yet what difficulty, trou_ble, and vexation is there to arrive at satisfaction, by attending long Sutes in Chancery, accounting for profits, The Creditor being often_times made the Debtors steward, and that without Salary or Compensa_tion for his pains. And on such Securities who can depend on his money to answer his Occasions.

If he have a Daughter to Marry, a Son to preferre in Trade, or a Pur_chase to make, all his designs are frustrated, His money being (if not in Hell unretreivable, yet) in Purgatory, whence it cannot be delivered but in a long Tract of time, and that by patient undergoing the smarting Torment of Tedious and Chargeable Sutes. It must be acknowledged, that there is no absolute certainty or assurance of any thing in this World; and whoever believes otherwise, is gone beyond the bounds of Reason and Religion; and fit only to reside in the new Palace in Moorfields. All that can be desired in the putting out of money, is to have a visible fond engaged, that is morally (not only at the time of lending) most suffici_ent to secure it, but also in probability most likely to continue so, and to answer the Occasions of the Lender.

1. Then, They that lend Money to the East India-Company, on their Common Seal, have a visible fond engaged that is sufficient to secure the same. Though the Members of the Company are neither responsible in their Persons, nor private Estates for what is taken up thereupon, yet all the Moneys, Goods, and Effects belonging to the Joynt stock of the Company are engaged, as the Gentleman himself is necessitated to acknow_ledge. His insinuations concerning the case of the Merchant-Ad_venturers, and Grocers Company, are not to the purpose; those Compa_nies never had any Joint-stock, as a visible fund to secure what they bor_rowed, but were trusted upon their bare Reputation and Credit. It is farre otherwise here. Suppose there hath been lent to the East-India-Com_pany 5 or 600 thousand pound, the Lenders either do or might know, that there is in the Joint-stock of the said Company in real value upwards of 900 thousand pound, (I may say a Million of pounds sterling) be_sides their dead stock, which is also considerable. All which, being toge_ther a Million and Half of pounds sterling, stands by their Common Seal bound and engaged to pay their Creditors. The Gentleman doth Ignorantly, if not Malitiously assert, pag. 4. That the East-India-Com_pany trades wholly with their Creditors Money, and that it's seldome that they have above 600 thousand pounds in value in their India Factories, and on the Seas at the same time. To demonstrate the falsity of which, take but an account of what they sent out this last year, and it will be found to be upwards of 450 thousand pounds: And to that adde the value of the 3 Ships already arrived this year from Bantam; and the 5 Ships from Surrat; with the other 6 or 7 Ships expected from the Coast Surrat and Bantam, which will amount at least to 800 thousand pounds (and as Sales may prove, to a great deal more) so that there ap_pears to have been above 12 hundred thousand pounds value on the Seas at one time, beside all the remains of Goods and Debts in India and in England. There being then such a stock, it cannot be denyed but that there is a visible and sufficient fond to secure the Creditors the Moneys that they have lent. But the Gentleman tells us, pag. 4. The Indians or Infidels may destroy their Factories, and Goods in India; their Ships and Cargo's may be lost or taken in Warr, or by Pirates, and the Company may make a Divident to secure their own Estates, and leave the Creditors to find a thing in the Clouds. Therefore it will be necessary in the next place to evidence that the joynt stock of the East-India-Com_pany is on Morall and Rational grounds, most likely to continue suffi_cient to secure the moneys lent thereupon. That which might render it insufficient according to the Gentlemans suggestions, is either losses arriv_ing from Forreign accidents, or dishonest practices either by concealment, or by making dividents of the stock amongst the Members of the Com_pany, without regard to the payment of the Debtors.

1. As to Casualties, whereby losses may happen to the stock; The Gentleman mentions a Concatenation of Evils, Destruction from the In_dians, Losses by Stormes, by War and by Pirates. Should we wrack our fancies to find out, and then suffer our thoughts to dwell on the consi_deration of the accidents that may fall out in Humane affaires, we should never enjoy quiet in our Mindes; or else we should be deterred from re_solving or setting upon any affair. For as the wise man tells us, He that observes the Wind shall not Sow, and he that regardeth the Clouds shall not Reap. It is sufficient, that we take the most probable ways of Security, and leave the rest to Divine Providence. Now if we consider the affaires of the East-India-Company without prejudice, we cannot but conclude that their stock of 1600 thousand pounds, will always be sufficient to an_swer 600 thousand pounds. For the whole at no time, is hazarded in one bottom, as it often falls out in private mens dealings; Some part is in England in Goods and Debts, some part in India in Trade and Voy_ages, and some part is at Sea, Going and Coming; not in one Ship but in 30 Ships or more, not in one Course or Voyage, but in several: So that though a loss should happen to some part, yet in the ordinary course of providence, there is Rational ground to believe there would be alwayes enough preserved to answer the Engagements.

2dly. As to dishonest practices, is it Rationally to be supposed that a Number of men can so easily engage in wicked and cheating actions? The Government of the East-India stock is committed to 26 Persons, and no Affair can be Transacted without 13, so that if the Major part be Persons of Honesty and Conscience, you are secure; nothing can be done unworthily. Yea if there should be but one Honest man of 13, yet you are sure, seeing such an act of knavery, as would defraud the Creditors, would be detected. The Gentleman tell us, (pag. 3.) You may sue the Company on their common Seal, and have Execution against their Goods, but then asks where shall you find the Goods of the Company to pay 5s. in the pound: and withall addes, That were there Goods of a greater value, the Company may divide them amongst themselves, and so the Creditors have never a penny, unless they can catch it in the Indies.

Since the Establishment of the East-India Company in this present joynt-stock, which is now neer nineteen years, was ever any person that lent Money to the Company on their common Seal, forced to sue them? Have not all men been payd their Money readily whenever they demand_ed it?

How is it possible that the Companyes goods should be concealed, that must pass through so many hands, and are in such vast quantities, and of such sorts as may easily be distinguished from others? It hath been for_merly a Maxim amongst the Committee of that Company (as I have heard) never to take up more money at Interest, than they had reall Effects in England, in Debts or Goods to satisfie. If for the last two years they have exceeded, to expatiate and extend the Trade for the Benefit of the Kingdom; It is however but for a very small time that it is otherwise, for at the arrival of their Ships from India in June, July, and August, they have constantly a vast Estate in England over and above what will answer all their Debts. And if there be not alwayes so much at the latter end of March, when their Ships are dispeeded for India; in a few months after, when the former years Ships return, there is an abundant Surplusage. So that if it should fall out (which never yet hath done, nor is it probable it should) that any person should sue the Company for Money lent them at Interest on their common Seal, and Execution against their Goods should be obtained, I say in such a Case every person concerned, might easily and without any difficulty find Effects in England, to discharge all he can claim or challenge, nor is he left to find a thing in the Clouds, nor yet send to India to catch it; which Expressions the Gentleman might well have spared.

That the Company should make a Divident among themselves of their Goods and Estate, to defraud their Creditors, is not onely very unchari_tably, but also very irrationally suggested. No Dividend can be made but by the Committee which (as before noted) consists of 26 Persons, and those (or at least most of them) of the best Reputation for honesty and integrity in the City of London, and can it be in Charity supposed, that they would joyn in such an Act? I am confident they do abominate the thoughts of it. Besides it is not in the power of the Committee, accord_ing to their Constitution, to make any Dividend in Goods. All Dividends are to be made in Money, and Goods are not to be sold by private Con_tract, but at a publick Sale. So that it is impossible, according to the present Rules and constitution of the Company, that any Dividend can be made to the prejudice of the Creditors, but they must have sufficient no_tice thereof, and may secure themselves. But could it be imagined, that such Dividends might be made, and that the Committee should so far degenerate from all Principles of Honesty, yet notwithstanding what the Gentleman insinuates, viz. That this might be done so as to leave the Cre_ditor remediless in Law, I cannot believe, but rather think, the Gentle_man is mistaken, and that he hath not well studied or considered the Case.

N. lends 1000l. to the East-India Company on their common Seal, on this ground, that there is at that time a joynt-stock of the Companyes, of the value of 900 thousand pounds to secure and answer his Debt; the Committee divide this Stock of 900 thousand pounds (after the lending of the Money) amongst themselves and other the Members of the Com_pany: I now enquire, whether the Committee that made this Divident, be not in their own Persons and Estates obliged in Law or Equity to an_swer the Debt to N.

For N. did not trust his Money on a vain Fancy, that the individual Members of the Company were in their private Capacities obliged to respond for his Money, but on this Foundation, That the joint-stock of the Company was to be his Security and guarant. This joint-stock was entrusted into the hands of the Committee to manage for the Benefit of the Adventurers, before they took up Money at Interest; but when they had taken up Money at Interest, then the joynt-stock is in the hands of the Committee in trust, in the first place to answer and satisfie the mo_neys taken up at Interest: So that now the Committee are Trustees for N. till his Debt be payd. If Losses and Accidents in the Course of Trade should render the Stock incapable to answer the money to N. he must be content to sit down by the loss; but if the Committee by any wilfull act of theirs dispose of the Stock, and convert it to their private use, before they have payd N, they are guilty of breach of trust, and thereby have rendred themselves answerable in their own private capacities to make satisfaction to N. This was the opinion of one of the most eminent and famous Lawyers of his time; (Serjeant Glyn;) and it seems so rational, that I am easily perswaded to believe it to be so. And were it but a doubtfull Case, would it not be a most imprudent act of the Committee, to divide the Stock among the Members of the Company, and expose themselves in their own private capacities and Estates to answer the Cre_ditors, or at least to be liable to Suits and Molestations.

As to what the Gentleman observes, (p. 4.) That the King who impowered the Company to use a common Seal, thought it not sufficient se_curity for his Customs: But provided in their Patent that they should give good and sufficient bond with surety for the payment thereof. However, whether it be so, or no, in the Patent, I know not; But this I'm well assured of, that it serves little to the purpose he intends it; it being evi_dent that those words were not inserted out of any doubt that either the King or his Ministers had of the Companyes security by their common_Seal, but put in as words of course, a form usual in such cases, for that the Kings Officers have never refused, but alwayes readily accepted the Companyes Obligation by their common Seal, for the payment of the Customs.

The Gentleman believes, as he tells us, (pag. 5.) That the Company had never been such Bankers, as to have deserved Court Letters about their Officers, if they had given Bond with Sureties for the Money they have borrowed. (p. 2.) It seems what passed between the Court and the Company, was not such a Noli me tangere, but he would have one fling at it. To this he subjoyns a foolish insignificant pity, in reference to the Lombard-street Bankers, to which I say, that as I leave him to his own belief, so for his pity, I am sure I shall never need it, upon the account of lending my money to the Company. Nor did the Gentlemans Friend deserve a reproof, for not advising with him before he parted with his money to the Company, though he might have had it so unusually cheap. For he may (if he have not already) receive his money from the Compa_ny when he pleaseth: But when he hath so done, he will be at a loss to find where he may place it upon such rational grounds for security, it being evident by what hath been said, That there is such a visible Fond engaged by the Companyes Seal, that is not onely more sufficient at pre_sent, but also more likely to continue so, to answer the Occasions of the Lender, than is any where else at this time in England.

The Gentleman in the next place, that he may affectually carry on his Design, having insinuated p. 5. That the Company hath no firm legal Foundation, and so was in no probability of standing, gives us a Tran_script of some Clauses in the Companies Charter, and then takes the liberty to arraign the Kings Grant; Calls it a Monopoly, and a Monopoly of Mo_nopolies; Quotes the Statute of 21 Jac. cap. 3. cites some Law-cases; talks of Turkish and French Vassals; tells us, that he wonders, yea pro_tests that he is astonished, to think how any durst draw such a patent; To omit other expressions of the like, if not a worse complexion.

It would be improper for me, who you know am no Lawyer, to take upon me to answer these matters. The Gentleman is pleased to name Mr. Solliciter, and Mr. Attorney General, and they are able to do it to purpose. However I am perswaded, notwithstanding all the bluster and noise he makes, his zeal in the Design (rather than in his profession) hath carried him beyond his understanding, and that he is mistaken in the whole matter. He quotes the Statute of 21 Jac. c. 3. as the Devil doth Scripture by halfes; for in the said Statute it is thus expressed. Provid_ed also, and it is hereby further intended, declared, and enacted, that this Act, or any thing therein contained, shall not in any wise extend, or be prejudiciall to the City of London, or to any City, Burrough, or Town Corporate within this Realm, for or concerning any Grants, Charters, or Letters Patents, to them or any of them, made or granted, or for or con_cerning, any Custome or Customes, used by or within them or any of them, Or to any Corporations or Fellowships of any Art Occupation or Mystery, or to any Companies or Societies of Merchants within this Realm, Erected for the Maintenance, Enlargement, or Ordering of any Trade of Merchan_dise. But that the same Charters, Customes, Corporations, Companies, Fel_lowships and Societies, and their Liberties, Priviledges, Powers and Im_munities, shall be, and continue of such Force and Effect, as they were before the making of the Act, and of none other, Any thing before in this Act contained to the contrary in any wise notwithstanding. At the time of the making that Act, the East India-Company was in being, by virtue of a Charter granted to them by King James not much differing from the present Patent (as I am informed,) And by the abovesaid proviso, the Parliament did Confirme and Allow, rather than Censure the same.

The Gentleman gives us a Definition of a Monopoly, and then tells us (pag. 6.) the Statute provides that all Persons, Bodies Politick and Corporate, which then were or thence after should be, should stand, and be disabled, to have use, or exercise, or put in use any such Monopolies. The word such, is not in the Statute in that place; and if we take the subsequent words in that Statute, to Define or Explain what a Monopoly is; It refers only to matters within the Realm, which will not concern the present case. But suppose the Definition the Gentleman gives of a Monopoly were as he expresseth it (by the Law-books) to be an insti_tution or Allowance, by the King, by his Grant, Commission or otherwise, to any Person, Body Politick or Corporate, of or for the only buying, selling, or using of any thing, whereby any Person or Persons are sought to be restrained of any Freedome or Liberty which they had before, or hindred in their lawfull Trade and Traffick. May we not understand this to be within the Kingdome onely, for can any Subject of England law_fully Trade or Traffick with any Forrein Nation, without the allowance of the King, who hath the undoubted Prerogative of making War and Peace, upon which the same depends. I shall readily grant that as the King is Common Father of all his Subjects, so his Care and Protection of, and Provision for them, is in the General Equally and In_differently to be extended. But in some Cases, and under some Circum_stances, hath not his Majesty a Prerogative (nay, ought he not on the same right of Fatherhood) as to prefer the General Benefit, to that of Particular; so sometimes to extend speciall Priviledges and Grants to some Particulars for the General Benefit, though other particulars may seem to receive prejudice thereby? Is not this the case of most of the Cor_porations in England? which yet neither our Barrister nor any other will account Monopolies. And that this is also the case of the East-India Trade, will appear when it is considered, that this Trade is not to be ma_naged and carried on for the General Benefit and Profit of the King_dom, so well in any other way as by a Company in a Joint-stock.

Besides, if a Monopoly be a restraining of Persons from the freedome or Liberty they had before: I ask whether ever the People generally had the Freedome and Liberty of the East-India Trade? Except it was in the late unhappy times from 1653 to 1657? In which little time the Trade was almost totally ruined as to the Nation, The Experience where_of necessitated the then Powers, with the universall good liking and ap_probation of all persons, to resettle the Company.

Suppose a Countrey that was undiscovered, or a Countrey that for the difficulty of passage to it, or chargeableness and hazard of the adventure, no English had traded to formerly; and that some English men at their own Hazard and Charges should discover the One, Purchase land of the Natives, Settle a Collony, and Establish a Trade; and on the Other after great hazards and Adventures, with vast Charges and Expences, arrive to the know_ledge of a profitable Trade, and by presents obtain Liberty of Trade from the Prince of such a Countrey, Peculiarly for Themselves and their Assigns: May not the King by his Prerogative Confirm those Capi_tulations, and grant the Priviledge of the Trade to the Discoverers and Adventurers, and their Successors, thereby to encourage others to the like Noble undertakings, for the Generall good of his Kingdome? How could such a Grant be within the Compass of a Monopoly, Since no Eng_lish man was denied or debarred of any Liberty that he before exercised or enjoy'd? Is there any thing more reasonable, than that they who at a vast Charge, with great Hazard and Difficulty purchased a trade, should have the enjoyment of it? Shall not he that planteth a Vineyard eat the fruit thereof? And what can be more unjust than that another should come in and reap the fruits of my Atchievements, that was either idle, ignorant, or afraid; that knew not, would not, or durst not adven_ture to obtain the same? May there not be a right of Propriety in a Trade, as well as in Lands and Houses? This is the Case of the East-India Company in a great measure.

Further, Suppose there be a known Trade, that may be very advanta_geous to the Kingdom, and that for the obtaining and settling, and carrying on of which there is a necessity to be at a vast Expence, to settle and keep Factories and Agents in several places, and with several Princes, and on Occasion by Warre to force those Princes to perform their Ca_pitulations, and to erect Forts and maintain Garrisons for security of the Trade, as also to cope with and prevent the designs of Enemies that would debarre the English of such a Trade; all which could not be done, but on a publick Charge of the Nation by some General Tax, or by some United Body of Men encouraged to undertake the same by special Pri_viledges and Immunities, granted to them and their Successors; Suppose I say in such a Case that the King, to compass the obtaining and carrying on of such a Trade for the General benefit of his Kingdom, without a Tax on his People, should propose to give andgrant to all his Subjects, that would voluntarily unite their Stocks in such an Affair, certain Privi_ledges and Immunities, and amongst others the sole enjoyment of the Trade of such places to them and theirs, excluding all others that should refuse to joyn therein. On such an Invitation and Proposal freely offered to all without exception, onely a certain number of Persons come in, Ac_cept the Terms, and receive the Grant confirmed and settled, under the Broad-Seal of England. In some Process of time, after great hazards and vast Expences to the Undertakers and Adventurers, the Trade proving more advantageous and profitable to the particulars interessed, than at first was apprehended it would; Those others that would not intermeddle at first, make great exclamations because they are excluded, Crye out a Monopoly, a restraining the Subject the freedom and liberty of Trade. Have they any reason so to doe? was not the fault their own? It was free_ly tendred to them, they had the liberty to have come in on the same terms that others did: Shall they that voluntarily excluded themselves, be angry that they are excluded, and charge it as a Crime either on the King that invited them, or on their fellow-Subjects that would at first have been glad of their assistance? Is not this most unjust and unreason_able? This is the Case of those that so highly exclaim against the East_India Company, which I suppose being rightly understood, the Compa_nyes Charter will not deserve the name of a Monopoly; nor shall the Com_panyes Creditors need to fear that the Company should be rendered Insufficient to pay their Debts, by being condemn'd in Treble dammages, or fined at the Common Laws for accepting such a Patent, (p. 9.) to which our Barrister, without understanding, (if not without consulting his Books) thinks them lyable.

The Gentleman in the close of his Letter would insinuate, that the East-India Trade is of no Benefit to the Nation, and if it were, yet that it might be more advantageously mannaged than by a Company in a Joynt-Stock. This I guess to be his meaning, but lest I should mistake, I will repeat his own words, pag. 10. I that am no Trader know that the Parliament could, if it be an usefull Trade to England, (which I am no proper Judge of) have established legally such Rules whereby the Trade, might have been managed, and Factories, Forts, and Castles maintained; and the liberty of Trade might have been preserved to every English-man, and five times the trade gained, and the price of our own Manufactures of Cloath and others advanced, by the multitude and freedom of Buyers; and the price of the goods imported much lessened to the English, and much more Trade with these Commodities gained into other parts of the World. An Instance of this is well known in the Turkey Company, where no Merchant can be excluded or denyed to trade with their particular Stock; yet the same pretence might have been for restraint, that some do vainly suggest in this.

Who is so bold as blind Bayard? they that know least, are apt to think they know most. Ignorance and Confidence are often Compani_ons. The Gentleman tells us, though he be no Trader, yet he knows. what doth he know? he doth not know whether the Trade to the East_Indies be an useful Trade to England; that he is not a proper Judge of, as he saith. He might with little study or observation have known, that it's a Trade all Nations have and do court at the highest rate: A Trade that the Dutch have adventured their All to purchase; A Trade which as it is carryed on onely by a Company in the way of Joynt-stock, so the gain thereby accrewing, maintains the Republick in Honour, Pow_er, and Opulency; A Trade whereby they have so encreased to Riches and Strength, as almost to become Masters of the World: A Trade wherein the English Company employ and maintain above forty Ships, from 3 to 500 Tuns, and upwards of 3000 Sea-men; a Trade that supplyes the Nation with necessary Commodities, at a tenth part of the price the Nation must otherwise pay for them. Pepper would be as dear as Nutmegs, if the Dutch were sole Masters of it; Callico must be supplyed by French, Dutch and Flanders Linnen; A Trade that makes us Masters of the Salt-petre, enables us to defend our selves, frees our houses from those Vermin, (the Salt-petre-men) that dug up our roomes; A Trade that upholds our forreign Trades, by bringing us Commodities to carry abroad to France, Spain, Italy, and Turkey, to a farther increase of our Navigation. A Trade that besides the Customes to his Ma_jesty, which are very considerable, brings an Annual Addition, of seve_ral 100000 pounds to the real Stock of the Kingdom. There are besides these, divers other advantages, too many to enumerate. All this is so perspicuous, that the Gentleman might easily have discerned it, were his sight clear, and not clouded by prejudice, or obstructed by the in_tervention of some private (if not forrein) interest. But though he knows not whether the Trade be usefull for England, yet he knows if it were, the Parliament could have established such rules, &c. Excellent! how comes it to pass the Parliament hath not done it all this while? The Reason is suggested, It was not an usefull trade for England. But might it not have been made an usefull Trade, If such Rules had been made to have gained 5 times the Trade, to have advanced the price of our Manu_factures, and lessened the price of Goods imported, and have gained much more trade into other parts of the World? Certainly the Parliament hath not been of the Gentlemans mind, neither to have Judged the Trade useless, For then they would have put it down; Nor yet to think that such Rules as he Imagines could have been made to effect what he fancies, for then they would have established them. The Gentleman might have done well for the Benefit of his Countrey (if he intended it) to have sug_gested (if he could) what these Rules were, that they might have been considered; and till he declares what Rules he means, I can make no o_ther construction of his words, than that he knows that the Parliament, could have made such Rules, though he knows not what. I Readily grant, the Parliament, (which is the Wisdome, and Supream Authority of the Nation) can and will make all necessary rules for the good of the Kingdome, and to say such Rules could have been made and yet never were, (though many Parliaments have been since the first Establishment of the East-India Trade) seems too much to reflect on that great Assem_bly. The Gentleman tells us, an instance of this is well known in the Turkey Company. An Instance of what? that the Parliament could have Established such Rules as to have gained 5 times, the East-India Trade? sure that cannot be the meaning; the Parliament having never made any Rules, much less such Rules for the Turkey Company. The Gentleman sure was so astonished, that he was in a Labyrinth, and lost his senses.

To help him therefore out, though this be no Instance of the Parlia_ments making Rules, yet may it not be an Instance, that if the East-In_dia Company did admit all Merchants to trade with their particular Stocks, (as he saith the Turkey Company do, though therein he mistakes; for its only their own Members that have liberty,) it would have increased and augmented the East-India Trade five times more than now it is? This certainly must be the thing he intended, yet I cannot find how it is an in_stance. The Turkey Company never were in a Joynt-stock (that not be_ing so necessary and suitable to that Trade) so it could never be known what Increase the alteration from one to the other would have made; and it is evident, that the East-India Trade hath been more increased and in_larged within these few years under a Joynt-stock, than the Turkey-trade hath been under a Regulation. It is also certain (as before noted) that the East-India Trade in three or four years time of open Trade was almost totally ruined, and could not have been upheld so much to the Interest and Benefit of the Kingdom, unless it had been reduced into a Company, and Joynt-stock.

The Inconsistency of maintaining and carrying on the East-India trade in a Regulation without a Company and a Joynt-stock, the great mischief and ruine it might be to the Kingdom, both in point of Wealth and Strength (which includes all,) If we should lose or be cheated of that Trade, and what may be further done for the securing and augmenting of it, are Subjects would require larger Discourses than my time at present will admit of. I hope, Sir, what I have said, may be enough to satisfie you, that the Joynt-stock of the East-India Company is a sufficient security, and that the said Company is neither so obnoxious, nor my self or others that have lent Money to them, so ill advised, as the Gentleman in his Letter would insinuate. This is all I intended in answer to yours.

Bristoll the 30 June, 1676.

|CEC |Y1681 A TREATISE Wherein is Demonstrated, I. That the East-India Trade is the most National of all Foreign Trades. II. That the Clamors, Aspersions, and Objections made against the present East-India Company, are Sinister, Selfish, or Groundless. III. That since the discovery of the East-Indies, the Dominion of the Sea depends much upon the Wane or Increase of that Trade, and consequent_ly the Security of the Liberty, Property, and Protestant Religion of this Kingdom.IV. That the Trade of the East-Indies cannot be carri_ed on to National advantage, in any other way than by a General Joynt Stock. V. That the East-India Trade is more profitable and necessary to the Kingdom of England, than to any other Kingdom or Nation in Europe. &horbar LONDON, Printed by T. J. for Robert Boulter, at the Turks Head in Cornhil, 1681. A TREATISE Concerning the East-India Trade.

BEfore I enter upon the particular proof of the Propositions in the Frontispiece, I shall desire the Readers leave to mention some few general Opinions of my own concerning Trade, which I have long since entertained; and the older I grow in Experience, the more I am confirmed in them.

1. That Trading Merchants while they are in the busie and eager prosecution of their particular Trades, although they be very wise and good Men, are not always the best Judges of Trade, as it relates to the Profit or Power of a Kingdom. The reason may be, because their Eyes are so continually fixt, and their Minds intent upon what makes for their peculiar Gain or Loss, that they have not leasure to expatiate or turn their thoughts to what is most Advantageous to the Kingdom in general. This I am told was the Opinion anciently of M. T. Cicero, and also Boden, that learned French Author, and lately of the Lord Chief Justice St. John, who was a principal Engineer in the first Act of Navigation. But whether it was their Opinion or not, I am sure it's true by manifold Experience; of which I could give pregnant Instances in the Age we live in, and former Councils of Trade since his Maje_sties happy Restauration, but that I design brevity, and to avoid all Personal reflections. The like may be said of all Shopkeepers, Artificers, Clothiers, and other Manufacturers, until they leave off their Trades, and being Rich, by the purchase of Lands, become of the same common Interest with most of their Coun_trey-men.2. And upon the same reason I am of Opinion, and have found by Experience, that a mixt Assembly of Noblemen, Gentlemen, and Merchants, are the best Constitution that can be established for the making Rules, Orders, and By-Laws, for the carrying on any Trade for the publick Utility of the Kingdom.3. That all Domestick or Foreign Trade, to any Place or Countrey, that doth not in the Result and Con_sequences of it, increase the value of our English Lands (the good plight whereof is the main Basis of our Wealth, Freedom, and Safety) ought not only to be discouraged, but totally rejected.4. That all Monopolies, of what Nature or Kind soever, are Destructive to Trade, and consequently Obstructive to the increase of the value of our Lands; and that therefore, if there be anything in the East_India Company's Charter, or any Charter of Incor_porated Merchants; that hinders any of his Majesties Subjects of England, Scotland, or Ireland, from coming into that Trade, upon as good Terms as others of his Majesties Subjects did, or yet may, it would tend to the general good of the Kingdom, that such Barrs or Hinderances were removed.5. I am clearly of opinion (be it said without of_fence) that if all Strangers inhabiting in any of his Majesties Kingdoms (so they be not suffered to be of Government) had as free liberty to enter into any of our Incorporated Foreign Trades, as any of his Majesties Native Subjects, as is practiced in the Uni_ted Netherlands, it would greatly encrease the Trade of England, and improve the value of Land.6. That those narrow Clauses in the Turkey Compa_nies and other Charters, which limit the Traders to be Freemen of London, and not to be Shop-keepers, or other than such as they call Legitimate Merchants; as also the practice of admitting no Man to be free of the Turkey Company under 25l. if he be under 25 years of Age, or 50l. if above, are to the prejudice of the Nation in general, tho they may be for the advantage of the particular Traders, for which I sup_pose they were calculated.7. I am of Opinion, the Dutch, Nationally speaking, are the wisest People now extant, for the contriving and carrying on their Trades for the publick advantage of their Countrey. If any shall here object, that if it be so, I am mistaken in my former Notion, That Mer_chants are not always the best Judges of Trade; for the Dutch have most Merchants in their Councils. The Honourable Sir William Temple hath already answered for me, that their Councils are made up of very few or no trading Merchants, but of Civilians, or Sons of Merchants, that have long since left off their active Trades, and have only now Stocks in their East and West India Companies, or in their Banks and Can_tores, or other publick Fonds.8. That tho the Dominion of the Sea may be ob_tained by Arms, and fortunate Battels at Sea, it can never be retained, preserved, and maintained, but by the Excess and Predominancy of Foreign Trade.9. That Domestick and Foreign Trade do (as we vulgarly say of Twins, but more truly of Trade) wax and wain together; and if it were not an impropriety of Speech, Land might be coupled with them. 10. I am of Opinion, that Silver and Gold, coined or uncoined, tho they are used for a Measure of all other things, are no less a Commodity than Wine, Oyl, Tobacco, Cloth, or Stuffs; and may in many Cases be exported as much to National advantage as any other Commodity.11. That no Nation ever was or will be considera_ble in Trade, that prohibits the Exportation of Bul_lion.12. That though it may be best to be left free and indifferent, it is more for the publick advantage to export Gold or Silver coined than uncoined: By the former we gain the Manufacture, and something of Honour and Magnificence it is, to have his Majesties Royal Stamp pass current in all parts of the World.13. I am confident, whatever Nation hath the lowest Interest, will certainly have their Lands in highest esteem and price; and that no Nation shall e_ver over-match the Dutch in Trade, till they mate them in the rate of Interest of Money.14. That the Dutch gain much more by Bul_lion and Foreign Commodities exported from their Provinces, of which the chief are Wines, East-India Goods, English Herrings, Greenland Oyl and Fins, than by all their own native Productions and Manu_factures.15. That it is as probable an attempt to wash a Black_amore White, as to hope that ever we can cope with the Dutch in White Herring Fishing, Salt-droaging from St. Vvals to the East-Land, or the Russia or Greenland Trade, till the Interest of our Money be as low as theirs.16. I always bear that deference to the consent of Nations and Numbers, that when-ever I see wise and great Nations, having different Interests, and various Forms of Government, yet conspire, as it were, in the same means, to accomplish the same ends of Profit, Power and Honour; I conclude, they are nearer the right way to those ends, than the wisest and best pri_vate Men living, that hold contrary Opinions, swayed by personal Profit or Loss, Pique or Prejudice.17. I am of Opinion, with submission to better Judgments, that there is just as much need of Com_panies of Merchants in England as in Holland, and no more. Where Companies are necessary the Dutch have them; and in such manner as is most necessary to the Nature and Commerce of the Countreys, for which they are incorporated. And I never heard of any Companies of Merchants there, but those of the East and West Indies, and both in Joynt Stocks; protected and defended by the Laws of the Provinces, which are of the same force as Acts of Parliaments with us.18. That there is a necessity of a Joynt Stock in all Foreign Trade, where the Trade must be maintained by Force and Forts on the Land; and where his Ma_jesty cannot conveniently maintain an Amity and Cor_respondence by Embassadors; and not elsewhere.

I shall now return to what was proposed to be proved in the Title page, viz.

I. That the East-India Trade is the most National of all Foreign Trades. Which I prove thus: Viz. 1. WHat the Dutch, French, Danes, Portugals, and which, not long since, the Swedes, and now the D. of Brandenburgh, have with so great Charge and Expence attempted, and hedged about with Laws and Encouragements, must certainly be a Matter of the greatest National Consequence.2. This Trade employs more great Warlike English Ships, that may carry from 50 to 70 Guns a-piece, than all the Trades of the World from England be_sides.3. This Trade alone furnisheth us with Saltpetre, a Commodity so necessary, that in the late Kings time the Nation suffered greatly by the want of it; as is too well known and remembred.4. Above four fifth parts of the Commodities Im_ported by this Trade, are again Exported into For_eign parts; by which the Navigation and Trade of this Kingdom is vastly encreased into Turkey, Italy, Spain, France, Holland, and other parts of Christen_dom; by the Returns of which, more than treble the Bullion is Imported, that was first Exported to India; and the Wealth of this Kingdom is as greatly encreased, as by the direct Trade to and from the East_Indies.5. Most of the East-India Commodities are of so small bulk, that if the Trade of the East-Indies were not in English hands, the Commodities, notwithstand_ing any Laws to the contrary, would come in from Holland (as the French Silks now do) with this dif_ference only; then we should pay as much for Pepper, which we now sell for 8d. the pound, as we do for Nutmegs, Cloves, Mace, Cinnamon, which is from 6s. to 15s. per pound; tho the two last are cheaper at the places of their Growth than Pepper is at Bantam; but enhaunsed to that price by the Dutch, having the sole Trade for them. By which I conclude this saves the Kingdom in that respect only, 500000l. per Annum, that otherwise they would be outwitted of.6. All Riches and Power in Nations, as well as private Families, consists in comparison. A Gentle_man in the Countrey may be accounted Rich, if he be much richer than other Gentlemen, his Neighbours, tho but of moderate Estate. So England may be said to be Rich or Strong, as our Strength or Riches bears a proportion with our Neighbour Nations, French, Dutch, &c. and consequently whatever weakens or depopulates them, enricheth and strengthen_eth England. And most certain it is, That no Foreign Trade doth so work upon the Manufactures of our Neighbour Nations, as this Trade of the East-Indies; for the Staple Countreys for Silks and Fine Linnen, are Italy, France, Holland, Flanders, &c. insomuch, as it is reasonably computed, those Countreys, by the Importation of East-India Silks and Callicoes; not only into England, but from England into their own Countreys, are abated in those fine Manufactures above a Million of Pounds Sterling per Annum.7. And which is a consideration of great weight, and may be of immense advantage to the strength, popu_lousness and riches of this Nation in a few years. England hath already the principal Trade of Woollen Manufactures, and now a quicker vent and export for them than ever it had in the memory of any man liv_ing. But throughout Christendom I have ever been of Opinion that generally speaking, there are more Men and Women imployed in Silk Manufactures than in Woollen: of which likewise England hath obtained a considerable part, considering the short time since our Silk Broad Weaving began; which was but since Mr. Burlimach brought in Silk-Diers and Throwsters, towards the end of the late King James, or begin_ning of King Charles the First's Reign. And I am cre_dibly informed the number of Families already im_ployed therein in England, doth amount to above 40000. Now what should hinder, but that in a few years more, this Nation may treble that number in such Manufactures; since the East-India Company have of late years found out a way of bringing Raw Silk of all sorts into this Kingdom, cheaper than it can be afforded in Turkey, France, Spain, Italy, or any other place where it is made. Insomuch, as with East-India Silks, we serve Holland, Flanders, and some other Markets from England. 8. This Trade pays his Majesty about 60000l. per Annum Custom; and carries out of this Kingdom yearly, about 60 or 70000l. in Lead, Tin, Cloth, Stuffs; and other Commodities, of the Production and Manufacture of England: Which is not so considera_ble, with respect to the quantity, as in this, That what we send to the East-Indies of our own Manufactures, would not be sent at all, if the English Nation were deprived of this Trade; because neither Dutch nor French would enure the East-Indians to our English Manufactures: Of which we have clear instance in the Dutch Trade to Japan; where they industriously avoid introducing our English Cloth. Which Coun_trey being exceeding large, rich and populous, and lying in such a Northern Latitude, might vent as much of our English Manufactures, as Spain and Por_tugal, if we could gain a footing into that Trade: in the endeavour whereof the Company have already lost above Fifty thousand pounds Sterling.9. Tho the Company have lost so much in the at_tempt of the Trade with Japan, they have lately got an Entrance into the Trade of Couchin-China and China: and have, for a few years past, settled Facto_ries in three Ports thereof, viz. Tywan, Tonqueen and Amoy, to their great Charge and Expence, without reaping any Profit thereby to this time, but a certain and constant Loss, which they did and do continue notwithstanding, out of a Zeal they have to promote the Consumption of our Woollen Manu_factures, in a Climate not altogether so hot as most parts of India are. Which probably may in some time turn to the publick advantage of this King_dom, when those raging and bloody Wars are ended between the Chineses and Tartars.

II. That the Clamors, Aspersions, and Objections made against the present East-India Company, are sinister, selfish, or groundless.

BEfore I engage into the Discourse of Objections a_gainst the present East-India Company, I shall not stick to declare (though it be against the Sense of most of the now Adventurers) that in my judgment I am for a New Stock, provided we can come honestly by it, that is, without Injustice to the new Adventurers (who will be found to have deserved worthily of their Countrey, when their Actions and Themselves shall come to be impartially considered) and without De_triment to the Kingdom in general. Which notwith_standing is a Matter of great difficulty; it being in Trade, as with Trees; great care is to be taken in removing an old one, least upon the removal it die, or at least suffer a shrewd stunt. Yet if the Wisdom of our Nation in that august Assembly of Parliament, now convened, shall incline to any alteration of the present Constitution, I think this time may be as op_portune as any. 1st. Because our Neighbours are not now at leasure (the French being very low in India and the Dutch not altogether so Rampant as formerly) to make their Advantage of our Unsettlement, during the Transition from one Stock to another. 2ly. Be_cause the Profits of the East-India Trade were never so much cried up as now they are: So that, I hope, the Subscriptions may prove the larger to the ensuing Stock. And yet I must desire to be excused, if I think those that complain most of the Old, will not be found the forwardest Subscribers to a New Stock. 3ly. Because when we tell Gentlemen or others, they may buy Stock, and come into the Company when they please: They presently reply, They know that, but then they must pay 280l. for 100l. And when we say the intrinsic Value is worth so much; which is as true as 2 and 2 makes 4, yet it is not so soon Demon_strated to their apprehensions, notwithstanding it is no hard task to make out, that the quick Stock of the Eng_lish East-India Company is at this time more than the Dutch quick Stock proportionable to their respective first Subscriptions; and yet their Actions now are currant at 440l. or 450l. per Cent. In truth, I that have reason to inspect and know as much of it as any Man, had rather buy in this Stock, now it is, at 300l. for 100l. then come into any New Stock at even Money. Therefore, for general sa_tisfaction, I could wish the Experiment of a New Subscription were tried. 4ly. If a New Stock were now establish'd, to please the Generality of the King_dom, I should not despair but that such New Stock would have a Parliamentary Sanction; which this only wants, to be as strong in its Foundation, as it is in all other Nations; and which being obtained, I am persuaded would in less than an Age, render his Majesty as indubitably Sovereign of the Ocean, as he is now of Great Britain, and Ireland, and the Seas adja_cent. 5ly. If an English Company were settled upon such a Foundation, there would be more Encourage_ment to maintain and defend some Trades by Arms, which cannot otherwise be enjoyed or secured: Which no Company built upon an uncertain Basis, can be supposed to adventure the Charge or Hazard of; while they are not sure to enjoy their Acquests in case of Success.

But to return to my Theme, and muster up all the Objections I can remember to have heard against the present Company.

Object. 1. The first that comes to my Mind, is that of some of the Turkey Merchants: They say, The bring_ing in of so much Silk and so cheap, is a publick Nu_sance, and destroys their Trade, which depends wholly upon the Exportation of Woollen Manufacture, where_as the East-India Company send out little Manufacture and much Bullion, &c.Answ. 1. I answer, First, That it's strange Doctrine to any sort of Men skill'd in the Political part of Trade, That the making of a Material cheap, that is to be Manufactured at Home, or Exported again into Foreign Countreys, should be to the publick Damage of any Countrey.2. That the Turkey Merchants do Ship out much Cloth, I deny not; but as true it is, that they have Shipt out more Yearly since the great encrease of the East-India Trade, and since themselves have made this Complaint, than they did in former Years. So that in Fact it doth not follow that the encrease of the East-India Trade, and particularly of their Importa_tion of Silk, doth hinder or diminish the Exportation of Cloth to Turkey, but rather the contrary. 3. The question is not now, Which Company sends out most Woollen Manufactures, but which is the most profitable Trade to the Nation: Which I hope, I have proved the East-India Trade to be; especially if the before-mentioned Consideration be taken in, that what English Commodities the East-India Company exports, would not be exported at all, if the English had no Trade thither: Because other Nations that Trade thither are under Joynt-Stocks, and Political Councils, and consequently would send none of our Manufactures. But as long as there is a Market for our English Cloth in Turkey, if the English did not send it thither, the Dutch would; because in Holland there is no Turkey Company; but any Man, Native or Fo_reigner may send what Commodities, and when they please, for Turkey, except they be staied for Convoy by some Act of State. And where all Men have liberty to Trade at Discretion, they will naturally deal in those Commodities they can get most by, be they Fo_reign or Domestick.4. If Bullion be exported, and that hinder not the exportation of our English Manufactures, as in fact doth appear: And if for every 10s. value sent out, 30s. be brought in Bullion at the long run, which is most evident in the course of the East-India Trade; who can doubt but the exportation of Bullion in such a Trade, is a real and great advantage to the Kingdom. 5. Besides their Cloth, the Turkey Merchants do send out a great deal of Bullion themselves; as ap_pears by their Entries at the Custom-House: In which they do well for themselves and their Countrey, but not well in complaining of others at the same time, for the same thing.6. The truth of the Case at bottom is but this, The Importation of better and cheaper Raw Silk from India, may probably touch some Turkey Merchants profit at present, though it doth benefit the Kingdom, and not hinder the exportation of Cloth. What then? Must one Trade be interrupted because it works upon ano_ther? At that rate there would be nothing but con_fusion in a Nation ad infinitum. The Italian Merchants may quarrel the Portugal Merchants, be_cause they do now in a plentiful Year Import from Portugal 4000 Pipes of Oyl per Annum; as formerly they did not use to import above 100 Pipes annually. The Shoemakers pull down the Coblers; those that make Red Herrings destroy those that dry Sprats, because quantities of the latter pull down the price of the former. Of the same kind was the late project of the Inn-keepers to pull down the Hackney Coaches; and so might peradventure with much more probability of truth, the Portugal Merchants pretend that our Plantation Sugars spoil their Trade, and hin_der the exportation of our Woollen Manufactures to Portugal. Of which in reality the first part only is true. Our Plantation Sugars have brought down their Lisbon Sugars from 8l. 10s. per Cent. to 2l. 10s. per Cent. within my memory: and yet the exportati_on of Woollen Manufactures to Portugal, is now greater than ever it was since England was a trading Nation. Just as it is and will prove in the Turkey trade; the Similie holds, and will hold thorowout. 7. If those Turkey Merchants think the East-India Trade so good, why do they not come into it them_selves. The door is open always to them and all the Kings Subjects, buying and selling there is daily; and some Noblemen, Gentlemen, and others of quality and place, have lately bought Stock, and the East-India Compa_ny have taken nothing for their Freedom. The most they can take is 5l. But if any East-India Merchants desire to trade for Turkey, they must answer several hard questions before they can be let in. 1. How old are you? 2. Are you a Freeman of London? 3. Are you no Shopkeeper, or a Legitimate Merchant? When you have answered all these questions to their content, if you are above 25 years of age, there's 50l. to pay before you can trade; which is a great deal of money to part with, before one knows whether he shall get or lose by the Bargain. Obj. 2. They say there is not above 80 Legitimate Merchants in the East-India Company.Answ. First, I answer, First, By Legitimate Mer_chants, I suppose they mean such as have served Ap_prenticeships to Merchants, in the number whereof I believe they reckon short above half.2. That it matters not two straws to the Kingdom, whether they be legitimate in their sense, or illegiti_mate. In the whole they are now Five hundred fifty and six, which is more by a great many than the Turkey Merchants, and more by above half then they would be, if the Trade were not managed in a Joynt Stock. Object 3. They say the Company have half the known World in their Charter, and that's too much for any Company, &c. Answ. I answer First, This Company have no more in their Charter, than all the East-India Companies in Christendom have in their Charters: and from thence infer, that either so much as is in the Char_ter ought to be for publick Utility; or else all Chri_stendom, except those few Gentlemen that complain, are mistaken in their Politicks.2. Tho the Charter run in the stile of, The Mer_chants of London trading to the East-Indies; yet in truth the Company is a Company of all, or so many of the Kings Subjects, as did desire to be concerned in that Trade, or yet do; they buying the Stock of a_ny dead Person, or other that is willing to sell. Object. 3. But its dear buying at 280l. per Cent. Answ. 1. It's less than the intrinsicque value, if the Stock were now to be broke up, if I can calculate aright. 2. If it be too dear, I know not but any Man may be as justly compelled to sell his House or Land at the Buyers price, or else be disseized of it; as his Stock in the East-India Company.Object. 4. They say the Charter hath exorbitant and illegal Clauses in it.Answ. 1. I believe no Charter in Europe hath less of that kind. 2. It's absolutely necessary for the Publick Good, that who-ever governs a Trade so remote from England, and by such a multitude of hands as the Company are for_ced to imploy, should have some extraordinary Power committed to them.3. Whatever is in the Charter, I never knew or heard of any arbitrary Act that ever the Company did; nor any Ships or Goods that ever they seized by vertue of their Charter, tho they have had cause often. Object. 4. They say the Company hath imposed and exacted great Fines, Mulcts and Forfeitures, to an immense value.

Answ. I never knew them take any Fine or For_feiture, but what any man might do in the same case, without a Charter: What they do take in any case, being either by submission of the party, by agree_ment with the Master and Owners in Charterparty, or by Arbitrations; and always in pursuance of Legal Obligations, sealed and delivered. The manner where_of is briefly this: They agree with all their Factors and Servants, and also with Masters of Ships, before they entertain them into their Service, that they shall not carry or bring home prohibited Goods; and if they do, they shall subduct out of their Freight a certain rate for each piece or sort of prohibited Com_modities: which they do accordingly subduct out of the Freight; which in effect is from themselves: for most of the Owners of the Ships, imployed by the Company, are East-India Adventures: Which I know by experience, being a Part-Owner my self of a con_siderable number of Ships, employed by them. And yet, to do the Company right, I must acknowledge that the Ships imployed by them (such deductions notwithstanding) make better Voyages and gain more Money for their Owners, than any Ships whatsoe_ver, that sail out of England: And the Commanders and Officers of such Ships, generally grow much richer in a short time, than any others, of any Trade or Nation whatsoever.

And so indulgent are the Company to common Sea_men, that they allow every Man or Boy that will, in their several Ships, to bring 5 pieces free of stated Da_mage, erroneously called Mulct. And if any Seaman happen to bring 10 or 15 Pieces, the Committees en_trusted with that Affair, commonly stretch that Order to the allowing the Seaman 5 Pieces for himself, 5 Pieces for his Wife, and 5 Pieces for his Child, if he have any; and if he have none, they usually ask the party whe_ther he have not a Father, Mother, or other Relation: so that they invent ways to favour him, above the Com_panies Rule afore-said, of only 5 Pieces to one Person.

To encourage likewise the importation of Gold from China, from whence small quantities do come every year, and very great quantities will come in a few years; the Company do not only permit the entrance of it free of stated Damage, but give the Fraight of it gratis.

The Company do likewise allow to all their Commanders, President, Agents, Factors and Servants, all kind of Trade in India, from and to any Port or Place within the Limits of their Charter, except to and from Europe: Whereas on the contrary the Dutch, tho they are a People known to be as tenacious and as obstinate defenders of their Liberty, as any People in Europe, do restrain all those that serve them in India, from all the most profitable trades from place to place, within the limits of their Charter; and indulge no kind of private or permissive trade whatsoever, to or from Europe.

Now let any indifferent Man judge, besides that whatever the Company doth in the case of stated Da_mages, every private man may do, that can Freight a whole Ship by himself and Partners; whether it be not highly reasonable, that seeing the Company are at a_bove 100000l. yearly charge in East-India and Eng_land, that whoever participates of that Trade, should proportionably contribute to the Expences that neces_sarily attend the preservation of it.

Object. 5. They say, besides Raw Silk, the Company imports Wrought Silk, to the prejudice of the Silk Ma_nufacture in England.Answ. 1. This Objection lies as much and more a_gainst all other Wrought Silks, imported into England from Italy, Holland, or any other part of the World.2. The Silks, which the Company commonly bring in, are, the main part of them Taffaties, and other plain or striped Silks and Pelongs, such as are not usually made in England, but imported from France, Italy, and Holland; where lately, when Pelongs were scarce, many were made and imitated at Harlem, and from thence imported into England. So this importation works upon our Neighbours, preserves the ballance of our Trade; and consequently encreaseth the Capital of our Nation. 3. And which is beyond all contradiction, as will appear by the Entries at the Custom-house, a great part of the Wrought Silks, imported by the East-India Company, are again shipt out to France, Holland, and other foreign parts; which is a great and growing advantage to the King, and Kingdom in general: to the King, because for all Foreign Goods re-exported, his Majesty hath in consequence, the half Custom paid him by strangers, without taking a penny out of his Subjects Purses: and to the Kingdom, by preserving and meliorating the ballance of our Trade, as afore_said: Besides the gain of Freight, Portage, Wharfage, Ware-house-room; and all other petty Charges: amongst which may be reckoned the advantage accrew_ing by the expence of such Foreigners, while they stay here, as the Companies Sales do necessarily draw over hither. Object. 6. Some Clothiers complain that the East_India Company hinders the vent of Cloth.Answ. 1. This indeed is a fine practice, and deserves a thorow inspection. 1. Who they are that com_plained. 2. When and how they began to complain. 3. Why they complain. 1. For the time when; it was in the year 1674, or 1675, as I remember: Then they had the confidence to tell the Parliament, the Company would spoil the trade of Cloth; and bring the price of Wooll to nothing. But in fact, the Com_pany hath now stood Five or six years since that time, and much augmented their trade for India, but Wooll is advanced in price above 50 per Cent: and such a trade there is and hath been for woollen Manufactures, as England never see in any former Age. 2. Who they were that complained; not the poor Kentish Clo_thiers, that have lost their Trade; nor the Suffolk men, that have lost their Manufacture of Blew Cloth; but the Worcestershire, Glocestershire and Somersetshire men, that do now make and vend above twenty times the quantity of Cloth, which they did before this Company was erected. 3. How they began to complain; which, as I have been informed, was thus: Their first Petition was drawn only against the Turkey Company, for making but one Cloth Shipping in a year: but entertaining a certain Council (since famous for other matters) he told them, for some reasons best known to himself, they should draw their Peti_tion against the East-India Company likewise; which accordingly they did: but whether they were Dutch or English that paid the best Fees, that I could never discover. 4. Why they complained. That I believe few of them understood: It could not be because their Trade sunk; for that was manifestly and wonderful_ly increased. It could not be because the East-India Company, as a Company, sent out less Cloth than was sent for India in the open trade: for the Entries at Custom-house will evidence, that the Company, since their last Incorporation, have sent out in some one year, above ten times as much Cloth, as was ever sent out in the time of open trade. But why then did they complain? Really I cannot tell; but peradventure their Council aforesaid, or some Turkey Merchants, their Customers, might inform them, that if the Trade of India were open, there would be a new world for Cloth, that would vent as much as the old World. And if they had any Dutch or French Customers, no question they would not be backward to encourage so good a work. Object. 7. They complain that the present Stock is ingrossed into a few hands; some single Adventurers having 16 or 17000l. principal Stock in their own names.An. 1. If this be true, the Complaint of it would sound better out of the mouth of an old Leveller, than a Merchants, living under a free and Royal Monarchy. And yet to give the maddest of men their due, nei_ther the late English Levellers, nor their Elder Bre_thren, the Tribunes of the People of Rome; nor yet the more Ancient Lacedemonians or other Greeks; none of them had ever that Excess of Indiscretion, as to pretend to Stint, much less to Level Personal E_states: Which if they could be made even at noon, would be unequal before night.2. If there were any thing in this Objection, cer_tainly the Dutch, being a Republick, would have found a Remedy for it before this time: Whereas on the contrary they think whoever adventures most in their Joynt Stocks, doth most oblige the Common_wealth, tho he be a stranger; insomuch as one Swasso a Jew, now or late living in Amsterdam, I am Informed hath had at one time in their East_India Stock above the value of 300000l. Sterling.3. The more any Adventurer hath in the Stock, the more he is engaged to study and promote the good of it, by all possible means within his power. An Ad_venturer that hath the smallest interest, may be as just and true to the Stock, as he that hath the greatest: but I can never believe that a small interest will awaken a man so often in the night, nor keep him so long from sleeping, in the meditation of any business; as a very great and principal concern may do.4. Notwithstanding the largeness of any of the Adventurers Stocks, there are yet Five hundred fifty six Adventurers: which is a greater number than are to be found in any trade, that hath not a Joynt Stock. Object. 8. There are many other Ports and Places within the limits of the Companies Charter, where English Commodities would vend, which the Com_pany do not trade unto.Answ. 1. I believe there can never be any Society that will more industriously expatiate and enlarge the Trade of this Kingdom in those parts of the World, than this hath done, by all peaceable means. I am sure 100000l. will not excuse them for the losses they have sustained in such attempts. Many Factories they haue settled, and after a vast loss have been forced to with-draw them. Tywan, Tonqueen, Siam, and Amoy, before-mentioned, they settled within these Six or seven years past; and lost a year or two before, 50000l. in their attempt of a settlement at Japan. 2. As there be many Ports in England, but a Fo_reigner that trades to and from London, may if he will, participate of all the English Trade, without having particular Factories in the Out-ports: So in East-India, a Factory at Suratt, will share in all the Trades of the Red Sea, as well as Moca, and other parts within the Correspondency of that Presidency. The same may be said of Bantam, and many other places, as well as Suratt.3. In very many places of India, where the Com_pany do prudently avoid settling English Factories; they do notwithstanding carry on a Trade and Cor_respondency by Bannians, Vakeels and other Natives. By which means they avoid the charge of Presents to Governours, and that ostentatious expensive way, which the Companies Factors are necessitated to appear in, in all places where they settle, according to the mode of that Countrey, and for the honour of the English Nation, and the East-India Company. Object. 9. It is said, if the Company were not in a Joynt Stock, many more Ships might be imployed in India, from one Port to another in trading Voyages. Answ. 1. The Company want neither Stock nor Skill, or will, to imploy as many Ships as they can gain by: and have almost doubled the quantity of their Stock and Tunnage within these ten years, and are like yearly to increase, to the Nations greater advan_tage; if they be not interrupted.2. The Company have now 25 Ships and Vessels trading in the East-Indies, from Port to Port, besides 11 great Ships sent out last year, hereafter particu_larly mentioned; which are abundantly enough to an_swer all the Companies occasions of that kind; the rather, because the Company do generously allow, not only to their President, Agents, Factors, and Mer_chants, but to all the English Nation living in any places within their Charter; being the King of Eng_lands Subjects (of which there are many hundred of Families) free liberty of Trade, to and from all Ports and Places in India; and in any Commodities whatsoe_ver without exception. By which means many scores of small Ships and Vessels are imployed in those trades; and the trade fully supplied. By this means our Na_tive Commodities are dispersed; and all India Goods collected from the several less considerable Ports of India, do at length center in the principal Ports; where the Company have Factories, Forts, Cities and Ga_risons: and from thence do come for Europe, in the Companies returned Ships. And if this be not directly after the Dutch mode, I am apt to think, in a few years more, if the Company be not interrupted, it will be found to be a better. And I have been told, their late Ancient, Learned, and Experienced General of Batavia, Matsuker, did before his Death, write to the Committees of the Dutch East-India Company, to this or the like purpose: Obj. 10. Since the East-India Company was Incor_porated, Coinage hath abated in England.

Answ. This is a meer groundless Chim�ra, and will appear so, if the old Mint-Master as well as the new ones, be Examined. The proportion of Coinage (except when we Coined the King of Spains Money for his Wars in Flanders) having generally in my observation, born a proportion to, and followed the Price of Corn in England; viz. when Corn was dear, we had little Coinage; in all cheap years of Corn, the Mint hath been greatly supplied.

I can remember no more Objections against the East_India Company or Trade, and therefore must pro_ceed to the next particular, viz. &horbar

III. That since the Discovery of the East-Indies, the Dominion of the Sea depends much upon the wain or increase of that Trade; and conse_quently the security of the Liberty, Property, and Protestant Religion of this Kingdom.

THe first part of this Proposition is meerly Histo_rical; and so well known to all that look be_yond the present Age we live in, that the proof of it will require little pains. While the Spani_ards had Portugal, and with it the Trade of India, they were able to invade England with a Navy, by them called Invincible: and so it was, as to mans un_derstanding, if the strength of it be barely consi_dered; but their Skill was not good, nor their Ships of a Fabrick fit for our Seas: their Cause was naught, and the Providence of Almighty God blasted them. The Dutch, since the Portugals sunk in the East-India Trade, have grown so potent in and by the Trade of the Indies, that they have in three great and bloody Wars, contended with us for the Dominion of the Sea; and yet secretly do not allow us the predomi_nancy. Tho they are not now at leisure to try the fourth War for it, yet if through the folly or madness of a few unthinking or self-interested men, we should de_prive our selves of the Trade of the East-Indies (which God in mercy to England forbid) we should certainly save them the experiment of fighting with us the fourth time. They would carry the Dominion of the Sea clear, and hold it for ever; or until their Com_mon-wealth should be destroyed by Land force, or in_testine Broils.

If any man shall say, Why then? Are the East_India Ships of such a mighty auxiliary Force, that without their aid we cannot over-ballance the Dutch in Naval Power? I answer, Those Ships, and the Men in them, are of very great Force; as will hereafter appear. But he that looks no further than into the bare force of the Ships and Men now employed by the Company, doth not see the tenth part of the way into this great Business: For if we should throw off the East-India Trade, the Dutch would soon treble their strength and power in India, and quickly subdue all other European Nations in that Trade; as they lately did the French, notwithstanding their great strength at Home; and have since, I hear, quarrelled the Danes. By means whereof they would become sole Masters of all those rich and necessary Commodities of the East; and make the European World pay five times more for them, than now they do; as they have already done by Cloves, Mace, Cinnamon, and Nutmegs. Which would so vastly encrease their Riches, as to render them irresistible. All Wars at Sea, and in some sense Land-Wars, since the Artillery used, is become so chargeable, being in effect but dropping of Doits; that Nation that can spend most and hold out longest, will carry the Victory at last, with indifferent Counsels. If it be said, Where shall they have Men? I answer, If they have Trade and Money enough, they cannot want Men. Seamen are Inhabitants of the Universe; and where-ever they are bred, will resort to the best Pay, and most constant Employment; especially in a Countrey where they cannot be prest or compelled into any Service against their Wills.

But it must be further considered, That all other Fo_reign Trade in Europe, doth greatly depend upon East_India Commodities; and if we lose the Importation of them into Europe, we shall soon abate in all our other Foreign Trade and Navigation: and the Dutch will more than proportionably increase theirs. The proportion of our Decay and their Increase, in such a Case, would indeed be exactly the same; but that the excess of price which they would make the European World pay for East-India Commodities more than now they do, would cause a disproportionable and greater increase of their Riches. The augmentation whereof would further enable them to overballance us and all others, in Trade, as well as in Naval strength.

If it shall be said, Admit all that is writ upon the Head to be probable, is not the Consequence (viz. the security of the Liberty, Property, and Protestant Religion of this Kingdom) far fetcht, and brought in as popular phrases, to gain and please a Party, as the Clothiers and Artificers Petition was formerly on the other side. I answer, I cannot hinder Men from think_ing their own way: but God Almighty, that knows my Heart, knows that I scorn to use any such sacred terms to or for any such sinister or selfish respect, or to please any sort of Men living. All that I have or shall write in this Treatise, is what I do really and stedfast_ly believe, upon very long and serious Meditation, and many Years conference with almost all sorts of Men, English and Strangers: And if notwithstanding I do err in some things (as humanum est) it is for want of better understanding. But to return to the Mat_ter, Can any man that looks abroad into the World, doubt of the truth of that Observation, viz. That Trade never thrives in any Countrey that is not Protestant; though not in all that are so; for reasons which I could offer, but that they are not necessary here. Is it not obvious to every Man's understanding, that since Queen Elizabeth's time, our Customs are encreased from 14000l. per Annum, to above 70000l. per An_num? Is it not evident that the People of the United Netherlands, since their being Protestant, are increa_sed more in Trade and Wealth in 100 Years, than the ancient and fortunate Romans did in 400 Years after the foundation of their flourishing Commonwealth? Have not the French, since they were but Partie par paile, part Protestants and part Papists, increased more in Trade and Shipping in 100 Years, then they did in 500 Years before? I once discoursed a Popish Lord, soon after his Majestie's happy Restauration, who is since dead, who told me it was never well in England, nor would be, while we kept such as stir a_bout promoting of Trade. I confess I liked his Lord_ship the worse for that expression, but I thought the better of his Parts. A Naval Power never affrights us; Seamen never did nor ever will destroy the Li_berty of their own Countrey: They naturally hate Slavery, because they see so much of the misery of it in other Countreys. All Tyrannies in the World are supported by Land-Armies: No absolute Princes have great Navies, or great Trades: very few of them, though they have large Territories, can match that little Town of Hamburgh in Shipping. The King_dom of France is powerful and populous, and is arri_ved to the height of Military Vertue; by which they are become formidable to us, as well as to our Neigh_bours. Who do we fear may destroy our Liberty, Property and Religion? (which three are one in sub_stance) but the Papists and the French; which like_wise are two names for one thing; and so we should have found it, if God Almighty had not disappointed them. Now under God's Providence, what can best secure us from them but our Naval Strength, and what doth especially increase and support that, but our East-India Trade: which I think I have sufficiently proved to the conviction of every impartial and unbi_assed Englishman: And if so, the Consequence in this Proposition is most natural and irrefragable.

But if notwithstanding it shall be replied upon me, that in the former part of the Discourse on this Infe_rence, I say, That Trade thrives in Protestant Coun_tries; therefore the Protestant Religion is the cause of our so great increase in Trade and Navigation, and not the Trade of the East-Indies. I answer, First, That the great increase of Trade, is not a constant and infallible consequence of the Protestant Religion; because it proves not so in all Protestant Countreys: But whatever Nation increaseth in the East-India Trade, never fails proportionably to increase in other Foreign Trade and Navigation. Secondly, Admit that our Reformation to the Protestant Religion, were one principal cause at first of our advance in Trade and Navigation; yet now it is manifest, that the increase of our Trade and Navigation, is a great means, un_der God, to secure and preserve our Protestant Religi_on: Foreign Trade produceth Riches, Riches Power, Power preserves our Trade and Religion; they mutual_ly work one upon and for the preservation of each other: As was well said by the late learned Lord Bacon, though in a different Case, in his History of Henry the 7th, That that Kings Fortune work'd upon his Nature, and his Nature upon his Fortune.

That the Trade of the East-Indies cannot be carried on to National Ad_vantage by a Regulated Company, or in any other way than by a Joynt Stock.

BEfore I ingage in this Argument, it will be ne_cessary to explain, What's the Constitution of a Regulated Trade, such as the Turkey Company and other like Companies of Merchants of London are. 2ly. What a Company United in a Joynt-Stock is. To begin with the first, A Regulated Company is hard to define, and harder to resemble. Its the Con_finement of a Trade to a certain number of the Peo_ple, exclusive to above 99 parts of 100; with power in the major part to hinder the lesser, from shipping out any Goods, but when the greater number think fit; and to levy a Tax upon the Trade at the discretion of the greater number of Votes. In brief, it is a Hete_roclite, unto which (out of England) there is no_thing now in the World like, in any other Kingdom or Commonwealth whatsoever, that ever I could read or hear of: All those Trades that are regulated and confined to certain Persons in England, being open and free to all People, in all other Kingdoms and States. Their Courts are perfect Democracies; where one that trades but for 100l. per Annum, hath as good a Vote as another that trades for 20000l. per Annum. In those Courts they appoint the time of Shipping, choose their Embassador and two Consuls; settle a Tax, which they call Leviations, upon the Trade. And although I have a profound veneration for all things then settled in Church and State, and for those wise and worthy Councellors that assisted Queen Eli_zabeth in those infant times of our Reformation and Trade; and am apt to think, when those Constituti_ons were made, they were useful and proper to that time: Yet I must acknowledge that in my opinion, if all those Trades that are Regulated, that is, Confined to certain Persons only, were free and open to all the King's Subjects, as they are in Holland and all other places, it would be infinitely more for the general good of the Kingdom. Neither do I see any reason why the Trades of Turkey, Hamburgh, East-land, Russia, and Greenland, which in England are Limi_ted or Regulated, as they call it, should need such Li_mitation, or Regulation, more in England than they do in other parts of the World; or more than other Trades to Italy, France, Spain, or any other part of the World. And if something might be alledged for a Regulation, what can be said why it is not for the publick Utility, that all the King's Subjects might Trade to any Countrey if they please; whether they be Noblemen, Gentlemen, Men of the Gown, Shop_keepers, or whatever they be: the more the better for the Common Good. To enforce which, much more might be said; but that's not my Business now.

A Company in Joynt-Stock are a Corporation by Charter (and if it were by Act of Parliament, it would be much better for the Kingdom in general, as hath been said) into which Stock all the King's Subjects, of what condition soever, have at the foundation of it, liberty to Adventure what sum of Money they please. The Stock and Trade is managed by a Select Council, or Committee, consisting of a Gover_nor, Deputy, and 24. Committees, chosen annually by the Generality; in which every Adventurer doth not Vote alike, but proportionably to his Stock, viz. Every 250l. Original Stock, hath one Vote; 500l. paid in, hath two Votes, &c. After the first Stock is settled, no Man can come in but by Purchase; which every Englishman hath an equal liberty to do; and for which he pays nothing if he be a Freeman: if unfree, never above 5l. In England the Company hath, by reason of our late Civil Wars and Confusi_ons, been interrupted several times, and there have been new Subscriptions: But in Holland, since the first settlement thereof, in Anno 1602, there has been no interruption or breaking up of the Stock, or new Subscription; and such continuance is certainly best for the Publick.

Having described the nature of these two sorts of Companies of Merchants, I shall now descend to the proof of the Proposition, viz. That a United Stock is absolutely necessary to the carrying on the East_India Trade to National Advantage.

Arg. 1. My first Argument I shall draw from the Pra_ctice and Experience of all other Nations. Certainly all the World are not weak in their Intellects whatever those Gentlemen think that complain of the East-India Com_pany. If any shall tell me, this Argument will not hold universally; for the Portugals have a Trade for East-In_dia, and yet have no Joynt-Stock. I answer, under those Gentlemens favour, I know there is a Joynt-Stock for this Trade in Portugal; or else there could have been no Trade worth speaking of. But true it is, that Joynt-Stock in Portugal, is the King's Exchequer, who reserves Pepper, Diamonds, Silk, Callicoes, and all other considerable India Commodities to himself; and leaves only some few Toys and trivial Commodities to his Subjects: and yet for want of a more perfect National Constitution, we have seen how the Portugal Trade in India, notwithstanding the great Roots it had drawn in a long uninterrupted course of time, dwindled to nothing, when it came to be confronted and outdone, by the more National and better constituted Joynt Stock of England and Holland.

The French Nation peradventure, were never go_verned by wiser Counsels for their own good, than un_der the present King. They were some years past, zealously set upon the East-India Trade; and I am assured, spared for neither pains nor cost, to arrive at the best method; but gave immense rewards to any that could give them any rational light or informa_tion, to lay such a foundation of Trade, as might be proper for those Eastern Countreys. See what, how, and why they did resolve at last by the printed Transla_tion of the French Treatise, relating to that settlement; which will save me the labour of inlarging upon this Argument.

Arg. 2. The English East-India Company, have now (as every body knows) their money at 3 per Cent. interest. Every English Man that trades in an open or regulated Trade, must value his own money at 6 per Cent. at least (or pay so much if he takes up money) because he can gain so much by it sleeping or play_ing: Those that work, or run hazards, hope to do better. Now if the Company, with their united Stock and Counsels, and money at 3 per Cent; have much a-do to hold up against the subtil Dutch; what shall poor private Merchants, of divided, vari_ous, and contrary interests, do with their little se_perate Stocks at 6 per Cent. per Annum.Arg. 3. Suppose the Trade of India might be carried on in an open or regulated way, if other Na_tions did so (which is never to be granted) yet in regard that all other European Nations, do at this time trade there in Joynt Stocks; is it not as great madness to enter raw and private Persons, against such compacted and united Constitutious of experi_enced Councellors, as to fight a disordered undisci_plined multitude, against a well governed Veteran Ar_my, supported with an inexhaustible Treasure; or, as it is to imagine, as some men fondly do, that we can maintain and defend our Protestant Religion against the Church of Rome, without a National Church in England.

Arg. 4. If the Company should be destroyed, and the Trade left open, the Companies Priviledges and Immunities in East-India would be lost; which have cost this Company, as well as their Predecessors, vast sums of money to maintain and retrieve, after they were almost ruined in the late three years open Trade. If I am asked what those Priviledges and Im_munities are? They are so many and so great, as is scarce credible to any not acquainted with the Trade of India. For publick satisfaction, I shall mention some few of them; all would burden me to write, as well as the Reader. We have the liberty of Coin_ing Money for our selves, and all other Nations; which passeth currant in all the King of Gulconda's Coun_treys. We are Custom-free in almost all places, and in some, where the Dutch and all other Nations pay a constant Custom: particularly in all places of the Bay of Bengall, and up the great River of Ganges. At Fort St. George and Bombay, we have a right, and do impose a Custom upon the Natives, and all other Nations.In the Empire of Persia are Custom free, and have yearly from the Emperor 1000 Tomans, which is above 3000l. per Annum, in lieu of the half Custom of his own People, and all other Nations that trade thi_ther. Of right it should be the full half Customs of that Port, which is more in value; and we should have an Officer in his Custom-house to receive our half part; but we rather content our selves with the 1000 Tomans aforesaid, than fight with him again for a right, which we are uncertain how long we may enjoy, by reason of groundless Clamours against the Company at home.

At Bantam we are at the set rate of 4000 Dol_lars per Annum, for all our Customs, tho we increase our Trade never so much. In most places in India, we are in effect our own Law-makers, and can ar_rest and imprison any Natives that deal with us, or owe us money; and can inflict corporal punishments upon them (without controul of any of the Native or Moor Governours) till they pay or do us right, if our People there see cause for it.

All our Black Servants there, which are very nu_merous, and all others imployed by us, or trading with us, are free and exempted from the jurisdicti_on of the Natives and other Governours.

We are in all places free in our Persons and Goods, and all imployed or priviledged by us, from all In_land Customs and Duties, in the Towns and Provinces we pass or bring our Goods thorow: which are very great in those Countreys, and paid by the Natives.

Arg. 5. My fifth Argument is drawn from the great Losses, Damages, and Depredations, that this Nation sustained in that short time of three years open Trade, which are sufficiently known, besides the loss of Priviledges, increase of Presents to Governours, lowering our English ~~Commissioners~~ Comodities, and advancing the Indian ~~Commanders~~ Comodities to such an odious excess, that at length the very private Traders themselves, were the forwardest Petitioners for a return to a Joynt Stock; of the truth of which, there be many yet alive that can attest.Arg. 6. This I draw from the nature of the East_ern Governments. There are above 100 Kings and Raja's, which are Gentu Princes, but governing with absolute Power in their own Dominions; and as many Ports and Places of Trade: whereas in Turkey there are but two or three principal places of Trade and one ~~Province~~ Prince; with whom his Majesty by his Ambassador may conveniently have his Subjects there vindicated and righted, if there were no Company; as the French King, the Venetians, and the Dutch do. Whereas in India there would be need of Forty Embassadors; and all must have Instructions, and carry large Pre_sents. The Companies Agents, &c. in India, do many times find cause to send Embassies, Instructions, and splendid trains of Attendance and Presents, before the Committee in England know of it.Arg. 7. This is drawn from the distance of the places. Letters do pass freely to and from Turkey in a short time: and in case of injuries done the Eng_lish, his Majesties Men of War may soon go down from Tangier to revenge them. But India is at a far greater distance: no certain return of a Letter to be had once in Twelve moneths: and the Princes and Ports there, are at a wider distance one from another, than it is from England to Turkey; and much more difficult to maintain a Correspondence by Letters in India from Port to Port; by reason of the set Mon_sons or Trade-winds, that blow six moneths together one way.Arg. 8. Where-ever the English or any Europeans settle a Factory in India, they must presently build them large Houses, Ware-houses, &c. take many Ser_vants, and maintain the appearance and splendour of a petty Court: and in many places where the Com_pany have not fixt Garrisons, they are forced to for_tifie their Houses, or else they will be despised and trampled upon by the Natives. If it be said, this may be done by a regulated Company. I answer, First, How shall they raise a Stock to buy those the Company have already; with their Lands, Islands, Towns, Garrisons, Guns and Ammunition: which I am sure (their Priviledges being put in likewise) have cost the Company above 300000l? Next, How shall they maintain and defend them? By Leviations upon Goods. What? before there are any Goods to taxe. No, they shall raise a Joynt Stock, to make the first Pur_chase; and after, take only a Taxe upon Goods to maintain them. These are absurd, incongruous, and impracticable Notions; for in a time of War and Danger, Men will forbear trading; as hath been in_geniously observed by the Author of the printed Let_ter: So that there will be no Goods to taxe, when there is most need of Money. Whereas the Governours or Committees, have always in their hands a real Fond of above a Million of Money; and can borrow so much in India in a few days, if they want it, their Cre_dit there, being as currant as ready Gold: having never been so much as stained. I shall say no more upon this Argument, in regard the printed Letter, afore-said, hath so copiously and convincingly cleared this point, beyond all contradiction, that I have no room left me to enlarge; but have reason to beg the Authors pardon, for what, in this, I have borrowed of him. Arg. 9. The East-India Company of England, Holland, and all European Nations that trade to In_dia, have power, by their Charters, to make War upon any Nation in India, at their Discretion; but not upon any European Nation, without his Maje_sties consent. This power they must and ought to have for the well carrying on of their Trades. This power the English Company have sometimes, but not often exercised: but if it were not known in India, that they have such a power, they should be conti_nually affronted and abused by the Natives. Now who shall this Power be delegated unto, in a regu_lated Company? To all English Men, or to a single Embassador, or to many Embassadors and Consuls? &horbar East-India Trade is more profitable and necessary to the King_dom of England, than to any other Kingdom or Nation in Europe.

FIrst, This is so as we are an Island, and have our principal Security, as well as the increase of our Riches from our Trade and Strength at Sea.

Secondly, And which I take to be a main considera_tion, The Trade of India is to England not only a great, but an unmixt Advantage: Whereas to all our Neighbours, though the Trade of the East-Indies be a great Advantage, and accordingly courted and coveted by them; yet they cannot have it without some mix_ture of Loss in other respects; because some of them have the growth and production of Silk among them_selves, as Italy and France. They have likewise the sole Manufacture of plain Silks, such as Taffateis, Sarce_nets, &c. which are brought from India cheaper than they can make them at Home. Whereas in England, our Silk Manufacture consists not in those plain Silks, but in Flowred Silks and Fancies, changed still as of_ten as the Fashion alters. Holland, Flanders, (and France, in some measure) have their principal Manu_factures in fine Linnens, Cambricks, Lawn and Hollands; which only Callicoe works upon, to the putting them very much out of request, in their own Countreys and all other parts of Christendom. Whereas the Lin_nen we make in England is of the strong course sorts, generrally used by the meaner People; which Callicoe doth not prejudice to any sensible degree. Neither is the Linnen Manufacture in England a matter worth taking notice of whatever a few Gentlemens opinion are) But in Holland, Flanders, France, and some parts of Germany, it is their main Concern; being the subsistence of the Majority of their People, as the Woollen Manufacture is in England.

Thirdly, The Dutch have a standing Contract with the King of Persia for all his Silk; which may a_mount to 600 Bales yearly. Now in regard Bengall Silk in the East-Indies, can be brought to Europe cheaper than Persia Silk: the Dutch by bringing Silk from Bengall, must of necessity in some kind preju_dice that Contract in the price of Silk; though it be the Dutch Companies own Contract, as well as the Turkey Merchants. Whereas we having no such Con_tract in Persia, do not work upon our selves, as they must of necessity: And yet they are wiser than to slight the Trade of Bengall for that cause. This Ar_gument concerning the Dutch Contract in Persia, is so fully confirmed by the Companies Advices lately re_ceived from Persia, that the Dutch there did lately de_sire to be excused from receiving their Quota of Silk, which is 600 Bales yearly, upon pretence of their want of Money to pay for them, which notwithstanding was forced on them by Shecke Ally Cawne, the Emperor's Governor there. If it be here askt me, Why the Eng_lish East-India Company, seeing Persia is within their Charter, are not as wise as the Dutch, to make a Contract likewise with the King of Persia? I answer, The Dutch got the start of us in that long before this Company was constituted; and we cannot possibly re_trieve it yet: The Persians being a People most difficult to remove from any thing they have once determined. If it be here further retorted upon me, That by my own confession, the Importation of Silk from India, doth prejudice the English Turkey Merchants in the price of their Silk here. I grant it: But what is that to Eng_land in general? It's the interest of England that we should have Silk here (being a material to be Manu_factured) cheaper than in any other part of Europe, where it grows: and so we shall infallibly, if the Com_pany stand. But at the same time, I do expresly deny that the making of Silk cheap in England, doth hin_der the Exportation of our Woollen Manufacture to Turkey: The contrary being as evident as the Sun at Noon-day, to any Man that has not the mist of pri_vate Gain or Loss hanging before his Eyes; as before is demonstrated in those two pregnant, experienced, unanswerable Instances, viz. That as the price of Portugal Sugars hath abated (in which formerly almost all our returns from that Countrey were made) we have increased exceedingly in the Exportation of Woollen Manufactures to that Countrey; and even in the Trade of Turkey it self for many years: And to this very time, as the price of Turkey Silk hath abated, the Exportation of our Woollen Manufacture hath in_creased: and so it will still, though Silk should come to half the price it bears now in England. Upon the proof whereof, by time, I dare hazard all that little I have in the World. Besides, when all is done, and if the Turkey Merchants might have their Will, to the irrepairable damage of their Common Countrey; what would they be the better? Except by an Act of Parliament we could as well hinder the French, Dutch, and other Neighbours from trading in East-India Silk, as we can the English East-India Company. Is not this dealing our Childrens Bread to Strangers? Weak_ning our Selves, and strengthening our Enemies, whilst they laugh and stand amazed at our Indiscreti_on.

For a Conclusion, That the present and future Ages may know in what Condition the English East India Trade stood, when the Company was assaulted by the private designs of particular Men; I shall add an Ac_count of the present posture of their Affairs, viz. Last year the Company sent out (which are not yet re_turned) for the Coast of Cormandel, and the Bay of Bengall, Four three Deck-Ships, viz. The Eagle, burden 590 Tuns, and 118 Seamen, besides Passen_gers. The Sampson, burden 600 Tuns, 120 Seamen. The Berkley-Castle, burden 50 Tuns, 106 Seamen. The President, burden 550 Tuns, 110 Seamen.

For Suratt and the Coast of India, three Three-Deck Ships, viz. The Williamson, burden 550 tuns, 110 Seamen. The Lancaster, burden 450 tuns, Sea_men. The Johanna, burden 530 tuns, 106 Seamen.

For Bantam, two Ships, viz. The Society, burden 600 tuns, 100 Seamen. The Nathaniel, burden 600 tuns, 100 Seamen.

For the South Seas and China, two Ships, viz. The Faulcon, burden 430 tuns, 64 Seamen. The Barnar_diston, burden 350 tuns, 69 Seamen.

And in all of them the Stock of 479946l. 15s. 6d.

This Year the Company are sending out for the Coast of Cormandel, and the Bay of Bengall, 5 Three_Deck Ships, viz. The Bengall, burden 570 tuns, 114 Seamen. The Ann, burden 460 tuns, 92 Seamen. The Golden Fleece, burden 575 tuns, 115 Seamen. The C�sar, burden 520 tuns, 104 Seamen. The George, burden 580 tuns, 116 Seamen.

For Suratt, and the Coast of India, three Ships, viz. The Josia, 600 tuns, 120 Men. The Massingbird, 480 tuns, 88 Men. And the Success, 460 tuns, 92 Seamen.

For Bantam, three Ships, viz. The New London, 600 tuns, 100 Seamen. The Scipio Africanus, 360 tuns, 74 Seamen. And the Persia Merchant, 360 tuns, and 74 Men.

And for the South-Seas and China, one other great Ship, which is not yet resolved upon.

And in all of them the Stock of above 600000l. Ster.

Note that the Ships are generally bigger than they are let for, and the Company employ none but Eng_lish-built Ships; and that besides what they sent out last Year, and are sending this, they have always a considerable Stock left in the Countrey, to make and provide Goods before-hand. Besides, likewise their Islands, Towns, Garrisons, Houses, Buildings, Am_munition, &c. The just number of their Adventu_rers now, is 556, and new ones daily coming in: The Companies Doors being never shut against any of his Majesties Subjects, as Regulated Companies are. And they have what Money they will at 3 per Cent; which will be the worst News of all in Holland.

If, notwithstanding all that hath been said, the Company must be destroyed, Gods Will be done. To write what I have, I thought my Duty to my Coun_trey; which having satisfied my self in the performance of, I am not careful for events: being always confi_dent, that whatever the Parliament does, they will do it justly; and so wisely as to make the best of a bad Bargain. I am persuaded the Dutch, to have this feat done, would ease our Lands a while, by giving us a Million of Pounds Sterling, if they knew where to find Chapmen (which God grant they never may); and I am sure, if they did pay two Millions, they would have too good a Bargain of it.

&horbar REND="it">FINIS.

|CEC |Y1696

IT is Humbly Pray'd, That this Paper may be Read through without the Eye of Pre_judice; and though it may be Indicted, yet till heard for it self, it may not be Arraign'd and Condemn'd. If it be found in any thing worthy, the Rest may have Pardon upon the Account of the real and good Intention of the Loyal Proposer.

&horbar DISCOURSE (By way of ESSAY) HUMBLY OFFER'D To the Consideration of the Honourable House of Commons, Towards the Raising Moneys BY AN EXCISE. DEMONSTRATING The Conveniency of Raising Moneys that Way. Together with an Enumeration of some certain particular Commodities, whereupon an Annual Receipt of One Million may be presently Settled, and with the same Ease to the People, as any other Part of His Majesty's Revenue whatsoever. &horbar LONDON: Printed for the AUTHOUR. 1696. &horbar the Raising of Moneys BY AN EXCISE.

WHEN we speak of an Excise, or of the Conveniency of Raising Moneys that way, we mean not simply the Excise now Established and Settled upon Beer, and Ale, and other Liquors; but the whole Duties of any kind whatsoever, that are Charged upon any Goods or Commodities expended within the King_dom. The Duty of the Customs, (an Ancient and Honourable Revenue) as also the Additional Duty; when we consider either the One, or the Other, (natur� rei) in the strictest Consideration of things, are no other than a kind of Excise, differing more in the Name, than in the Nature of the things; for, what else are they but a Tax, Imposition or Custom, (be they called as Men will have them) upon the Commodities that are spent, used or made amongst them.

This Notion being premised, there will be a fair way made, for the better apprehending the Matter in hand, which is, To shew the Conveniency of Raising Moneys, by way of an Excise, upon such Goods and Commodities as are spent among us; from which we have the Experience of that which is already settled, which will also give an unquestionable Testimony of the Commodiousness of such, both to His Majesty and People; inasmuch as those Commodities we send Abroad, and those we receive Home by our Merchants, Raise to the King little less than Seven Hundred Thousand Pounds per Annum, and that in a very facile and easie way, and to the great Satisfaction of the People: Now, somewhat the like Sum may be Raised from some other Commodities of the like use, which is the Design of this Paper.

But before we mention the Particulars, it may not be amiss to demonstrate, very briefly, wherein the Con_veniency of this way of Raising doth consist: And that it is so Commodious as is suggested; which will appear, if we consider,

First, That there is a great Conveniency even in the very Manner of Collection, and abundantly more to the Satisfaction of the People, than usually is in other ways; for herein is a great Conveniency, inasmuch as that when this Duty is truly paid by the Body of the People, who are the Spenders of the Commodities; yet the Money being deposited by the Makers or Factors, who take it again, in the Price of them, at the Sale, the People pay it insensibly in the Value of the Goods they Buy; for we must not think that the Merchants or Traders pay all the Money of the Customs and Excise; they are but the Depositors of it, and the People paying it in a way so secret and insensible, it meeteth not with any Contra_diction from them, as it would do, were they themselves to lay down the present Money. We have a manifest Proof of what is now urged from the Business of the Hearth-Money, a Receipt (had it been well managed) would, in a few Years, have brought to the Crown very great Sums of Money, and had daily increas'd it: and should there now, for some time, the Duty of One Shilling per Room, be laid upon all Useful Rooms in every House, we mean Mansions, or Dwelling_Houses, excepting therein the Garrets, Closets, Pantries, But_teries, and Pasteries, (the Poor to be exempted from this Duty) and all Persons, paying either to the Poor, or Church, Living in Houses of Two Rooms, to Pay but for One; if in Houses of Three, to Pay for Two; and if in Houses of Four, to Pay for the whole; and so upward. This Duty well ma_naged will bring a Revenue greater than the Hearth-Money was. For, since the Repealing of that Act, a great many Thousands of Houses have been Built; and besides, there were Abundance of Houses that were Erected in the Time that Duty on Fire-Hearths continued, that neither had Hearths or Chimneys in them; Others had Hearths that never were laid or made use of; so that very great Troubles and Disputes did happen thereupon.

This Duty being laid, as is Proposed, a Law may be so effectually made, that after a true survey and discharge of such that are to be freed from that Duty, that Money will come in with as much Ease as any Tax now settled by Act of Parliament.

It is well known how that Revenue of Hearth-Money grew so uneasie, and vexatious to the People, the ill Management of the Farmers and Officers, were the true Cause of so many and great Complaints: But the Receipt of this Duty, if it shall be thought fit to be for some time paid, Offices must be Erected in their several Counties, to which (as in the Case of Excise) the People may repair, and pay in their Money, and receive their Acquittances gratis. And that, for Supply of His Majesty's present extraordinary Occasions, that Duty to be paid at the beginning of every Half Year, and so forward. And such Care must be taken at first, upon the Survey, to settle all things so, that there may be no room left for the People to cavil at, or to think themselves in the least injured.

And as Houses are New Erected, the Constables of every Parish may be obliged to give in to the Collectors an Account thereof under his or their Hands, which may be made known to the next Justice of the Peace.

We will next Propose some other Ways, very convenient for Raising Moneys, with the least Apprehension of those that pay it, if we consider what large Supplies of Money may be had this Way: And it is very necessary that all Persons do consult and find out the easiest Way and Means for Raising present Supplies to His Majesty.

The Duty upon Salt was the next thing to be considered; but that being already Granted, it will not be amiss to consider and examin, when a Tax was formerly laid, of a Half-Penny per Gallon, upon our own Salt; and a Duty proportionable upon Foreign; the Sum then accounted for, and paid in, was about Thirty Thousand Pounds per Annum; the Salt allowed for the Fishery being excepted; under the Shelter whereof abundance of Frauds were practised, several quantities passing under that Notion, that never came to that use: So we will suppose three times the afore-said Sum, is or ought really to be accounted for, and paid into His Majesty's Exchequer; be_sides, the Foreign Duty is very considerable, and the Kingdom having in it, at this time, one Third part more of Salt Pans, than in the time the Duty was first laid upon it; and, there_fore, far greater quantities must be now Made and Sold: And tho the Salters may pretend to leave off their Working and Making Salt, by reason of the Duty on Coals that are Water-born, there is not the least doubt or fear of that. For before the Duty of Twelve Pence a Bushel was laid upon Salt, those Salters in the Northern Parts did Sell at Twenty Six Shillings a Wey; and now the Duty is Forty Shillings a Wey, the Maker Sells for Four Pounds, Six Shillings and Eight Pence a Wey; we would therefore know where the Maker has any Loss, or if he Pay any considerable part of that Duty to the King: But the Generality of Complainers are such as get the most, when any Imposition is laid upon any Commodity, as in the Case of Excise and Salt. And it is most certain, that if this Duty were not laid, under which the Salters take the Liberty to Sell at their own Rates, Salt would be Sold again, in all the Northern Parts, at the Old Rate of Twenty Six Shillings a Wey, and where then would their Advantage be? So that the Duty upon Salt may very well be computed at Ninety Thou_sand Pounds per Annum, at least, besides Allowance for the Fishery.

Next, It will be a most convenient Way of Raising Money, if we consider what large Supplies may be had this way, no Sum of Money that the Necessity of the Kingdom can require being too great to be charged upon it.

England is a populous and liberal Countrey, and of a vast Expence; insomuch, as were there an Estimate made of the whole, and the whole made to pay, as now some part of it doth, it is inconceivable the Value of it: For, if a Custom or Imposition on Foreign Goods, (for otherwise we cannot, it adhering still to our former Notion, that a Custom and Excise are but the same thing) we say, if the Custom of the Com_modities of other Nations, that are spent among us, and no more of our own Manufactures than what we send beyond the Seas, do Raise to His Majesty Seven Hundred Thousand Pounds, or more, per Annum; What do we think may be Raised from those other of our Native Commodities that are spent among us, were they brought under the like Imposition? This being most certain, that the Expence upon our own Growth, Product and Manufacture, is abundantly more than our Expence of Foreign Goods, which will appear clearly by this; namely, That the Commodities of Beer, Ale, &c. (and no more of that neither than is Bought and Sold) do raise more Money than all the Foreign Goods Imported do amount to.

To make all this more manifest, and in order to a Recitation of Particulars, we would Propose one general Maxim, to which, if regard be had in the Settling the Excise of any Commodities, it can never fail of the ends Proposed, and that is this. Viz.

That whatsoever Commodities be made Exciseable, are to be of a large, universal and necessary Expence: Of a large Expence, otherwise, there will be a great Noise to little Purpose. If it be of an Universal Expence, then every Man will bear his Lot. If it be of Necessary Expence, there will be no avoid_ing the Use of that Commodity.

The Truth is, who-ever will throughly weigh this Maxim, shall, from the Inferences deducible from it, answer whatever Objections can be made against laying an Additional Excise. We have it all made good in the Instance of that Excise which is now settled, (viz.) Beer, &c. It is a Commodity of large Expence, and so a large Sum of Money is Raised from it. It is of Universal Expence, and so every Man pays his part in it: It is of a necessary Expence, and so necessary, as no Man can be without it; and therefore can never hinder Trade: And nevertheless all those Sums of Money that have been, for several Years, Raised from it, no Man can conclude, that there hath been so much as one Barrel of Beer the less Brewed for that Imposition that is laid upon it.

Things being thus far discussed, as to the grand Conve_niency of it, we will consider what particular Goods and Com_modities will fall under these Rates, and become thus con_venient to be put under an Excise.

Another thing of the like Large, Universal and Necessary expence, is our Wool, or Woolen Commodities, wherewith this Kingdom eminently abounds, and expands its self into many Branches; as Cloth, Bayes, Tameys, Serges, Says, Stockings, Linsey_Woolsey, Stuff, Cottons, &c. which are made in many Parts of the Kingdom, some Parts whereof pay no Aulnage, which may be very considerable, if all were brought to pay Twelve Pence per Pound, according to the Value of them: To be paid by him that doth first Buy them from the Maker, will, according to our Computation from the Aulnage Duty, amount to Seventy Thousand Pounds per Annum, and this will be as easily collected as that is.

That this can do no Harm to our Trade at Home, will be clear, by referring to our former Maxim; nor can it prejudice our Trade Abroad, because the Rate proposed is so incon_siderable, as it can have no influence on Trade, to hinder the Sale of these Commodities we send out: If it should be thought to do so, there may be Provision made for what is Exported; but then, what is spent at Home we would Pro_pose to go at a higher Rate.

Another Commodity, of a Large, Universal and Necessary Expence, is Tallow. It is little known what a vast Quantity of this Commodity is spent in England. It will bear an Excise of Five Shillings for every Hundred Weight. The Collection will lye best from the first Melter, giving him a Months Time for Payment, from the Time of his first Melting. The Value that this will amount to, will be best seen, by considering the Expence of this Commodity; as chiefly in Candles: Five Shillings upon the Hundred Weight of Tallow, will reduce them to near Six Pence upon every Dozen: Now, at this Rate, we observe, That the middle and meaner Sort of People spend as many, as, at Six Pence per Dozen, will answer a greater Sum than is paid for their Rooms, so that the Gentry and Nobility will consequently Pay considerably more: We find also, besides the standing Expence of private Families, there are accidental Expences; as those that are spent in Taverns, Play-Houses, at Sea, on Ship-board, and in Churches, Mines and Colleries; we find also many of our Candles Bought by Foreigners; and besides all these, the great Quantity of Tallow that is spent in making of Soap: All which will equal the Expence of private Houses, and, in the whole, may produce Eighty Thousand Pounds per Annum.

Another way for the Advancing this Excise, is, that the respe_ctive private Families in the several Counties in England, may pay an Excise for their Beer, as all the Families in the City of London, and all other great Towns do, where the People take their Beer from the Common Brewer.

Now, to bring all Families to the same Standard, is surely no hard matter, save only the difficulty will be how to Collect it, since it will so unfit to give such a Liberty to Officers, as to enter all private Houses, to take the Inspection; but this is easily prevented, by putting it into another way, viz. That every Malster, or Maker of Malt; shall give a true Entry of all the Malt he shall Sell; and whatsoever is Sold to any Private House, to Pay Six Pence per Bushel: This is one Way, and may be of great Advantage for other Purposes than what we are now speaking of: Or else, a Second way may be, to charge the whole Consumption of Malt with a low Duty, that is, at Three Pence per Bushel, to be paid by the Maker; and at this low Rate may be Raised Two Hundred and Fifty Thousand Pounds Annually, because of the vast Expence of it. We know it will be presently Objected, That by reason there is an Excise on Beer, this will be somewhat hard. To which we answer, No, not at this time, when Malt is at so moderate a Price to what it was formerly; which is such, as that all Persons would, not_withstanding this Duty, Brew their Beer at little more than one Third part of the Price they did Pay at that time. Could it be discerned, that those that Brew Beer for Sale (who will be the chief Persons that make the Objection) did, upon Consideration of the great Plenty, Sell twice as much for Money as they did before, or make it answerably good in the Quality, (which indeed cannot well be) there would not a Word be said more of this kind; but finding no such thing as this done, it cannot be taken amiss to Plead, that the King may have a little share in this Publick Benefit, and their Fellow-Subjects also, in being somewhat eased in other Payments. When the Parliament had Granted that Noble Royal Aid of Five and Twenty Hundred Thousand Pounds, and afterwards seeing the King's Necessities require more Moneys, did they not very chearfully make an Addition, by Increasing those Rates formerly settled, when they saw their Rents in a manner falling. And shall these Men stumble at this small Addition, when their Profits are so Increasing, they may well take Notice how indulgent Au_thority hath been in not holding them to the Strictness of those Statutes all along, which did enjoyn them to such Rates, Prices, and Measures in Selling their Beer, as should they have been held to observe, it would have hindered them more in One Year, than this would do in Two: So that from the whole we cannot but Propose, that while the Blessing of this great Plenty continueth, and the Prices of Malt not rising, it may, for some time, at least be submitted to this small Imposition. The Inspection of this being easily made, for all coming to the Cistern, it is as easie to see what Barley is steeped in a Cistern, and take an Account of it, as to know what Beer is set to work in a Tun. This small Duty being laid upon Malt, will be of the same Advantage as the Charging the Duty upon the Coffee-Berry, Tea, and Chocolate, at the Custom-House is found to be.

Another Commodity of great, Universal and Necessary Expence, is our Leather or Hydes: There are spent near Ten Thousand every Week, we are sure there are as many great Cattle Kill'd, from whence we take the Estimation. This Commodity is spent several ways; as in Coaches, Boots, Saddles, Shoes, Holsters, &c. A Duty of Two Shillings per Hyde on each great Hyde, One Shilling upon lesser Hydes, and One Shilling a Dozen upon Calves-Skins Tann'd, will, at that Rate, Raise about Thirty Five Thousand Pounds per Annum.

Another Commodity of Universal Expence, is Hats: They are of Three degrees; as Bevers, Casters, and Felts. Four Shillings on every Bever, Twelve Pence on every Caster, and Six Pence on every Felt, to be paid by him that first Buyes them from the Maker, is a Rate which they will bear. What this will produce, it is hard to make an Estimation, in regard there are not such Rules to proceed by as in other things; but, undoubtedly, it will amount to One Hundred Thousand Pounds per Annum.

The next thing we shall name, is our Home-made Silks: They are of a large Expence, and Necessary too; by how much it is necessary for the Gentry to be distinguished from other Persons: Of which, divers sorts are made in England, and most consumed within our selves. These being judged Commodities of a more superfluous Expence, may bear the greater Duty, as Twelve Pence or Eighteen Pence on every Twenty Shillings Value: And this also must necessarily produce a good Sum of Money Annally, since we find, not only among our Gentry, but our Lower sort of People, yea, even unto Servants, Silks are made Common among them. What Sum of Money it may Annually produce, is likewise hard to compute, for the Value of them hath not been lately consider'd, but it cannot fail of producing a good Receipt of Money.

The last thing we shall mention, for the Advancement of Money this Way, is the bringing all the Foreign Com_modities spent among us, to Pay the same Rate as they did in the Year 1656. and so for some Years following. This will Raise One Hundred and Fifty Thousand Pounds, or rather more. That this was no Prejudice to Trade, needs no other Proof, than that in those times; while these Goods paid these Rates, there was a greater Importation of them, than ever hath been since.

These are the Principal Commodities of a Large, Universal and Necessary Expence, upon which may be Raised a Million of Money per Annum, with the same Ease as the Money is now Raised from the present Rates of the Customs, and the Excise of Beer.

And to be a little earnest in the Case, What hath any Man to say against it, if he will reason by Arguments properly deduced from the Nature of Trade, and true Constitution of things. What Difference is there between Raising Moneys this Way, and the Customs? What greater Difference is there in the Managing or Improving this now Proposed, than that which is already Settled? In the Customs, the Merchant makes his Entry, pays the Money, and receives it again in the Sale of his Goods. In the Excise of Beer, the Brewer doth the same. So here the Salter, the Melters of Tallow, the First Buyers of Woolen Manufactures, the Tanner for the Hydes, the Malster for his Malt, &c. in their several Capa_cities, make their Entry, pay the Money, and take it again in the Sale thereof: Where then is the Intricacy or Difficulty? or, What is this more than the Customs expanded into other Particulars?

Most of what is here Proposed, was ready some Years since to have been Offered to the Consideration of the Honour_able House of Commons; but the Proposer did not then meet with any great Incouragement for it, until now, there being, at this time, great Occasion for Raising Money by the most Easie and Universal Way, in Order to save something of the Land-Tax, which is, and must be the standing Prop upon all Occasions. If these Duties be well managed, when laid on, there will not be any doubt, but very great and considerable Sup_plies of Money will be had to manage, and carry on the War against France with more Vigour than ever.

And whereas it may be said, This Duty being now laid on, the Sellers will set up extraordinary Rates upon their Com_modities, and thereby get Estates out of the Ruins of them that Buy. It is answer'd, That great Care will be taken, that the Sellers may be kept to the Prices accustomed for some Years past, and shall not impose any more upon the Buyer than the Duty now laid upon the several Commodities.

Having attempted thus, in brief, to shew, according to the best of my Understanding, how a considerable Sum of Money may, with much Ease and Equality, be Raised by an Excise, on some few particular Commodities, for the Carrying on the War against France; the laying the same, or such other Excise as may be thought fit: As also, the further Improving of it on many other Particulars, not here set down, is, with all Humility, Submitted to the great Wisdom and Consideration of this Honourable House.

By Your HonoursMost Humble And Obedient Servant, W. C. &horbar

&horbar &horbar

THESE several Particulars following, as well as what has been Proposed before, being all very necessary to be made use of, will presently bring in very great Sums of Money, the Duties following being laid upon them, (which they may very well bear.) Imprimis.

All Great Black Cattle of England, the Price being Ten Pound each, or more, to Pay for every Head, Ten Shillings, when they are Sold in Market; where all Persons shall be obliged to bring them for Sale. Item. All Black Cattle of England, under the Rate of Ten Pounds, and above Three Pounds, to pay Five Shillings per Head, and all under Three Pounds, to pay Two Shillings and Six Pence. Item. All Calves that are Sold in the Market for Twenty Shillings, or above, to pay One Shilling; and all under that Rate to pay Six Pence a piece. Item. All Large English Sheep that are Sold for Four_teen Pound a Score, or upwards, to pay Six Shillings and Eight Pence per Score. Item. All Smaller Sheep that are Sold for Seven Pounds a Score, or under, to pay One Shilling and Eight Pence a Score; and for Lambs the same. Item. All Great Swine, Sold for above Twenty Shillings, to pay Twelve Pence a piece; and for those under that Price, to pay Six Pence a piece, of any Sort. Item. For all such Black Cattle as are brought from Scotland, which have, for many Years, been exempt from Paying any Duty: The Importer may now be obliged to make Entry of all such Cattle, Sheep and Horses, at Carlisle or Berwick, and there pay for each Head of Black Cattle Two Shillings. Item. That every Score of Sheep from Scotland shall pay One Shilling and Eight Pence, Lambs Ten Pence; and for every Horse and Mare, One Shilling. &horbar &horbar

&horbar &horbar Some things are here Offered, making easie to be un_derstood the Equality of Rates that is set upon those enumerated Commodities Proposed. The Method of Surveying the Rooms, and Collecting the Duties, as 'tis said in the Proposal; and with what little Trouble those great Sums may be brought, and that very suddenly into His Majesty's Exchequer.

WE begin with a Duty upon Rooms, which may be Suvey'd thus: And that the People may not be di_sturb'd with seeing strange Faces amongst them, it will be best to have the Constable of every Parish and a Church-Warden, taking with them an Officer, appointed by the Right Honour_able the Lords of the Treasury, by deputation, who may survey each House, not so early in the Morning, as to disturb the Family, nor at Dinner-time, nor late at Night; so having made their Entry of the Number of Rooms in every House that are chargable with the Duty, they shall fairly Write a List thereof, Signed under their Hands, and present the same to the Justices of the Peace, at their Sessions, which may be kept as a Record, and a Duplicate thereof given to the Collector or Collectors in their Districts, who is thereby to receive the Moneys, either at a convenient Office, appointed for that use; or, otherwise, as may be thought or found most con_venient for the Subject.

Next, We will shew the Easiness and Inconsiderableness of this Duty in its self, though, in the main, much Money will come in by it. We will say, that no Person of Quality Paying this Duty, or indeed any else, will, in a little time, know or trouble themselves with the Payments: For, we do affirm, That if they will spare out of their Kitchin, in one whole Year, the Expence but of one quarter of Beef, out of their former Consumption, that Money will discharge the Duties laid upon their Rooms, or expended in Salt. For we say, a Person of Quality will have eaten in his House, and that very often, a quarter of Beef, which will cost Forty Shillings; and it is a great House that will be charged with Thirty Rooms, and then will remain for Salt Ten Shillings; and so in a private Gentleman's Family, a quarter of Beef will cost Thirty Shillings, and the House will seldom have more than Fifteen Rooms to pay for, and the remains will discharge the Duty of Salt with Advantage; it will likewise be so in all other Families. As for all Publick Houses or Lodgings, that Money will readily be paid; for they will soon receive the same again from such as lodge or deal with them. The Te_nant must answer the Duty, and the Landlord and he shear the Payment equally if they think fit. The Houses once surveyed are never to be so again; but Additions and New Houses are to be surveyed. A House wherein there is no Dweller is not to be surveyed, until the Landlord or Tenant be Possess'd, or Dwelling there. It is hop'd thus much may serve, to shew the Cheapness and Easiness of this Duty, and the Rule to survey by.

Next is Salt; That Duty is not here, as in France, forc'd upon the Subjects, and they obliged to take Salt either accord_ing to the Quality of the Person, or Number in Families; and though the Duty be considerable in the whole, and will Raise, as is Proposed, much Money; yet being spent in pri_vate Families, and in none above Six Bushel in a Year, the way before-mentioned, as to Expence of all private Houses, may satisfie how easie it is to all sorts of People: If so for private Families, From whence will these great Sums arise that have been Proposed? It is Answered, That though the Fishery and over-Sea Salt be provided for, yet the Quantities spent in Serving the Royal Navy, the Victualling of it, and all Merchant Ships, and such as Trade into all Parts of the World; as also, in all sorts of Flesh or Fish that are cur'd at Home, and sent Abroad, and in making of Cheese, and saving of Butter; all which cause the Expence of Salt to be very great, and the Duty returns again insensibly into the first Depositor of the Money: And a great Happiness in this, and in the other Proposals, is, That no Man is forc'd to Pay any of these Duties, but such as please, and have Occasion for them.

The next is Tallow: That Duty may well be paid, and Collected with as much Ease as any other: It will bring in much Money; the particular Ways of Expence, and of other Commodities made from it, may be sufficient to evince the same, as is expressed in the Proposal.

As for the Duty of Malt, it is hoped what has been said in the Proposal may be sufficient, and needs not any further Arguments.

And as for Woolen Manufactures, what is said of them may be thought a very easie Duty, there being no Duty laid upon Wool Unwrought; and, in a few Months, the Payer will not well know, or at least consider, when he has paid it.

And so for Hats, no Duty being on Wool, the Felts need not be much advanc'd in their Rates, nor other Hats, none being obliged to Pay, but left to their selves, either to Buy, or not to Buy.

Now, for all Tann'd Leather, no other being Charge_able; Great Hydes at Two Shillings, Less at One Shilling, and Calves Skins One Shilling per Dozen. None need to fear it will much advance the Price of either Shoes or Boots, if the People be Justly dealt withall.

As for Example. One Ox Hyde and a Cow Hyde, with Two Calves Skins, will make Twenty Four pair of large Shoes, which will not (according to the Duty laid upon them) come to more than Two Pence a Pair of Shoes; and what great matter is this; for some wear but one Pair, others Two, some Three, and very few Four in a whole Year; so that Two Pence a Pair will just pay the Duty on Shoes. But it were good a Proclamation were set forth to assertain the Rates upon several Commodities, that the Subjects might not be impos'd upon by the Injustice of the Sellers; yet it is believed that few Buyers would be pleased to be confined, thinking their Pennyworths the worse for being Cheap.

And for Silks, what hath been said in the Proposal, may be thought sufficient; for it is certain, never were there more Worn or Imported than when a great Duty was upon them; nor was it ever known in this Kingdom, that any Duty or Imposition, laid upon any Commodity, either Foreign or Domestick, did ever hinder the Sale or expence thereof; and it is well known, that very great Advantages has befall'n the Brewers, Vintners, and Victuallers, and all Trading in Liquids, since Duties have been laid; some in Ten Years Buying Estates of several Hundred Pounds per Annum; so it is concluded, That the Duties and Impositions upon Eating, as well as Drinking, and other ways, will never hinder Trade, or lessen the Consumption of any Commodity, as is said in another Place.

If it be thought that the Duty on Great Cattle, Sheep, &c. will heighten the Prices of Meat; that is little to be feared, if the Butchers be any ways Just. For instance, we will set down but One Rule; as thus, An Ox or Cow under the Price of Ten Pounds, pays Five Shillings Duty; that Ox or Cow being killed may Weigh Six or Seven Hundred, and some a Thousand Weight: Now, to bring this to a Certainty, we will reduce the same to Five Hundred, at Six Score to the Hundred, the said Ox or Cow we will divide into Five Quarters; one of which being the Hyde and Tallow, we will lay aside, there being a Duty intended on them; and then the other Four Quarters we will charge with the Five Shillings Duty, and taking the Weight of every Quarter to be Six Score Pounds, the Duty to be paid again to the Butcher, will charge the Beef but with half a Farthing a Pound at the most: And as for Great Sheep, the Duty being but Four Pence a Sheep, will not be near a Penny a Quarter; and where then is this great Cause for Fear.

And now, to draw towards a Conclusion, 'tis Humbly Proposed, that these several Duties, whether called by the Name of an Aid, or the Name of a General Contribution, for Easing, Quieting, and Settling the Minds of the Subjects, du_ring the New Coynage; or a Tax, or a Necessary Gift, or a Seasonable Supply, an Excise, or Imposition, it matters not much under what Denomination it goes; but we are sure, the Duties will not fail of being well and readily paid. These things being Granted and Settled, either for Carrying on the War against France, or as a Fund for Raising Two Millions, for the Enabling His Majesty to take in, and make good to His Subjects, all manner of Damages they might sustain by their having Received any Clipt or Counterfeit Money, or through Ignorance, any Mixt or Base Metal, of what Kind or Nature soever, that had the Face of Majesty on it.

And it is also Humbly Proposed, That until such time as Money can be Coyned, all Bad and Clipt Money may be suf_fered to pass from Hand to Hand, until it comes to be paid by Taxes, Loans, Customs, Excise, or any other way, into the Receipt of the Exchequer; and that Guinneas also be suffered to pass in Payment, as now, at Thirty Shillings. By these Ways, all such Money will be brought into the Exchequer in a very little time; and, it is hoped, in much less than a Year, not one piece of ill Money will be seen or found in the Nation: The Shortness of the Time will hasten the Money into the Exchequer, and so leave very little room for the Clippers: But Care must be taken to prevent our Neighbours trumping upon us in the little Time allowed for such Guinneas and Money to pass. These are Means, if well apply'd, will Ease the People that are now Distracted, they having no Sort of Money that will enable them either to Pay their Debts, or, indeed, Buy Bread for their Families, but at double Rates. The Way and Method to be used for Commanding all Persons, as well to Receive, as Pay what Sorts of Money they have, and so to pass from Hand to Hand, until it be lodg'd in the Exchequer, as is afore-said, and disposed of according to Order, is wholly left to the Great Council of the Nation.

The Subjects upon this will be wonderfully satisfied, and all the small Trades be kept on with Pleasure: From hence we may take a Prospect of the future Happiness and Greatness of our Nation, which will be the most Glorious of all her Neigh_bours, who will be much disappointed in their Measures con_cerning our Government: And as we, who are now Living, have cause, so those that succeed us, will have great Reason to acknowledge the great Prudence and wonderful Actions of the Parliament of England in the Year 1695/6 Under our Great and Glorious, and also Victorious King WILLIAM, whom we Pray may long Reign over Us.

And now, should these Duties be thought fit to be laid, and continued for some Time, we do believe there will not (during the Continuance thereof) be any Need or Cause of laying the former, or any other Tax, on Lands, which being the standing Prop of the Kingdom, ought to be secur'd, as much as possible, from great Taxes.

&horbar |CEC |Y1700 England's Path TO Wealth and Honour IN A DIALOGUE Between an English-Man AND A Dutch-Man. &horbar deep, and let down your nets for a draught. &horbar The second Edition with Additions. &horbar at the corner of Popes-Head-Alley, over against the Royal-Exchange in Cornhil, 1700.

TO The Most Noble Thomas Duke of Leeds Marquiss of Carmarthen, Earl of Danby, Viscount Latimer, Baron Osborne of Kiveton; AND KNIGHT of the most Noble Order of the GARTER. GOVERNOUR of the Royal Fishery of ENGLAND.

May it please Your Grace,

NO Person having spent more Money and Pains, than Your Grace to Re_establish the Fishery of England; I pre_sume to Dedicate to you the following Dialogue: Not that I have the Vanity to believe this my poor Mite can make any Addition to Your Graces Great Treasure of Knowledge: But as believing the Fact in this Little Book contain'd, so true it might safely appear before the Best of Judges.

With all Respect I am, Your Grace's most Humble most Faithful most Obliged and most Obedient ServantJames Puckle.

PREFACE.

THE Highlands of Scotland, Wales, Biscay, Switzerland, and other Countries (not worth the conquering) continue still in possession of their Aborigines: Whereas, England being a Coun_try (as was said of the Tree of Paradice) good for Food, pleasant to the Eyes, and to be desired, hath been possessed by Five several Nations, and coveted by many more.

Yet view its Coasts they'l appear Bold, and but thinly Inhabited, and the Civil Wars of our Island having occasioned the demolishing of its strong Holds, in case of Attack how can we be defended against Foreign powerful Enemies, but by a Naval Pow_er.

Allowing us Masters of more Tall Ships than any of our Neighbours. What Security can a nu_merous Navy afford, if Marriners be wanting.

Whether England wants Marriners best appears by our turning 'em o're from Ship to Ship, by our long, long Embargoes, and yet excessive Charge in Pressing, and by so many of our Ships being lost (during the late War) for want of their Com_plement.

Nor can the Number of our Seamen be readily Encreast, without Establishing a Fishery. For Men of War and Merchantmen spend many Marriners and breed Few, the great and best Nursery for Sea_men is the Fishery; where each Dogger brings up (it may be) Six, Eight, or Ten, new Men every Year, and the Fishermens Business lying where our Ship's Danger lies, makes them know how the Sands shift, where the Rocks and Shelves are; consequent_ly most able Coasters and admirable Pilots.

Besides by frequent riding out great Storms in small Busses and Doggers, Fishermen become so steel_ed and habituated to Danger, that in Tempests and Engagements they work Wonders; and the Fish lying upon our own Coasts, the Men we employ to catch them (though out of his Majesties Pay) will be ever at Hand, and so ready for Service, as to make our watchfullest Enemies despair of surprizing us.

Again "A due Care for our Poor, is an Act of great Civil Prudence and Political Wisdom, for Poverty in it self is apt to E_masculate the Minds of Men, or at least it makes Men tumultuous and unquiet, where there are very many Poor; the Rich cannot long or safely continue such; necessity renders Men of Phlegmatick and dull Natures, Stupid and Indisciplinable, and Men of more fiery or active Constitutions, Rapacious and Desperate. L.C.J.Hale in his Discourse touching Pro_vision for the Poor.

The Poors Rates of England (besides Voluntary Charity) amounts to near a Million per Annum; by which its Evident, what vast Numbers of Beg_gers and Idle Persons live upon the Publick without return of Labour for their Bread; now Beggars Children (if not destroy'd in the Womb, or at the Birth) being bred up in Want and Laziness: Be_come of unhealthful Bodies, and more than ordinary subject to many loathsome Diseases, whereof abundance die in their tender Age; and such as attain to riper Years, by idle Habits contracted in their Youths, are rendred for ever unapt and undisposed for La_bour, and serve only to stock the Kingdom with Theives and Beggars: So that without a due Care for Relief of our Poor in a way of Industry, they'l daily Encrease.

Suppose, to employ our Poor any one Manufacture be encouraged: It may perchance remove the present Trade of one City or Country to another, and occa_sion such Complaints as the Button-Makers (not long since) made against Cloath Buttons, yet leave the generality of our Poor destitute of a convenient Support and Provision.

Nay, could we at once Encourage every Ma_nufacture in England, encreasing our Manufactures and not our Food, would only lessen the Misery of our present Poor by sharing it amongst all the People of the Kingdom.

The most effectual Expedient then to employ our Poor, is to Establish a Fishery; which by affording them at once both Food and Employment, would quickly turn the great Burthen of our Nation into an equal Benefit.

Much more might be said to this Purpose; but at present shall only add that within thirty Years past, our active Neighbours the French have encreased their Navigation to a Proverb. Given Europe much disquiet, and cost England (in particular) abundance of Blood and Treasure. But had not Englishmen been guilty of more than Spanish sloath in not putting forth their Hands to take that Rich blessing, (the Fishery) which Providence by placing upon our Coasts, courts us (as it were) to receive all our Sovereignes (as well as Queen Elizabeth,) might have bounded the Numbers of the French Fleet, and by the blessing of God have been Pacis Europ� Arbitri, Maris Domini & Vindices.

&horbar A NEW DIALOGUE Between an ENGLISH-MEN AND A DUTCH-MAN. Dutch-Man,

GOOD morrow Friend, what art musing on?

English-Man,

Considering the Extent of these your Dykes, I was thinking what excessive Charge and Pains Holland is yearly at to de_fend it self against invading Waves: Whereas the Sea that encircles happy England (Barrier like) fenceth it against Surprize and Ravages, exempts us from the Charge and Terrour of Garrisons and Fortifications, and (with our Floating Castles) continues to us that quiet Li_berty and Security the rest of Europe more or less have lost.

What though England be fenc'd in by the Seas, happier Holland hath a mighty Ocean of Wealth to defend it, and Money you know is the Sinews of War.

The cold Winds (being moistened by the Vapours, or softned by the warmth of the Seas motion before they reach our Islands) are less fierce, and the Air is far more Mild and Temperate (if not more Healthy) than any part of the Continent under the same Climate; so that we have no necessity for Grotto's in Summer, or Stoves in Winter.

In my Opinion, that Country is still Happiest that is stored with the Richest growths and products for Trafick and Commerce, and the Air ever best where most Money is stirring; for Poverty and Want will render People unhealthy in all Climates.

England abounds with Mines, Rocks, Pits and Quarries of Darbyshire, Nottinghamshire, Staffordshire, Aliblaster, Darbyshire, Antimo_ny, Cornwall, Ardois, Cumberland, Blacklead, Sussex, Chalk, Darbyshire, Christal, Dorsetshire, Tobaccopipe-Clay, Carmarthenshire, Cumberland, Durham, Lancashire, Leicestershire, Northumberland, Shrop_shire, Staffordshire, Yorkshire, Coals of divers Sorts, Cornwall, Cumberland, Darbyshire, Staffordshire, Yorkshire, Copper, Bedfordshire, Surrey, Fullers-Earth, Dorsetshire, Freestone, Darbyshire, Durham, Gloucestershire, Hampshire, Shropshire, Staffordshire, Warwickshire, Iron, Somersetshire, Lapis Calaminaris to make Brass, Devonshire, Loadstones, Cardiganshire, Carmarthenshire, Darby_shire, Devonshire, Durham, Staffordshire, Yorkshire, Lead, Darbyshire, Dorsetshire, Mar_ble, Anglesey, Cheshire, Darbyshire, Flintshire, Milstones, Nottinghamshire, Plaister harder then that of Paris, Carmarthenshire, Potters-Oar, Cornwall, Slate, Cheshire, Cumberland, Worcestershire, Salt, Gloucestershire, Steel, Cornwall, Devonshire, Tinn, Darbyshire. Whetstones, &c.

Upon its Coasts are found Norfolk, Amber, Cornwall, Ambergrise, Whitstableshallow, abundance of Copperice Stone, Norfolk, Jet, Cumberland, Pearls, Cornwall, Gloucester_shire. fine Pebles, transparent like Diamonds, also Flint, Var_rack, &c. to make Glass: Besides (not to mention the Rich Commodities yearly Imported from its Fruitful Plantations, that are to it as so many Mines Of Treasure,) England affords Plenty of Corn, Cattle, Fowl, Fruit, Pulse, Leather, Wool, &c. Whereas, Holland pro_duceth nothing but a few Hops, Madder, But_ter and Cheese.

The whole Product of our Island is nothing, when compared to the So the Dutch in a Proclamation 1624. stiled the Fi_shing Trade. Golden Mines of our Provinces, which have yielded us more Treasure than the Mines of Potosi, or both Indies to Spain.

The Golden Mines of your Provinces; Pray where do they lie?

In Neptunes Store-pond, which the Eng_lish call their Seas.

Our Famous Edgar with a Navy of Four hundred Sail, vindicated his Dominion on our adjacent Seas, and Records mention his Succes_sor Canutus to have laid that ancient Tribute called Danegelt, upon all (whether Strangers or Denizons) trading on our Coasts or Seas.

Egbert, Althred and Ethelfred, all stiled them_selves Supream Lord's and Governour's of the Ocean, surrounding the Brittish Shore.

King John Anno 1200. challenged the Honour (or rather) Duty of the Flag, universally paid us, not barely as a Civility, but as a Right (debit� Reverenti�) Acknowledging our Title and Do_minion.

The Famous Record entituled Pro homini_bus Hollandie, shews how Obsequious your An_cestors were, not only in acknowledging Anno 1295. Edward the Firsts Dominion on the Sea, but craving his Protection and Permission to Fish on the Coast of England: And had not the So_vereignty of the Brittish Seas in fact been in the Crown of England, why did the Rot. Pat. 23. Ed. 1st. memb.5. Earls of Holland Petition Edward the Third (and the Rot.Pat. 22. Ed. IVth. memb. 2. French our Henry the Sixth) for leave to Fish therein? And why did your Camden's Brittania, Skippers use to purchase License from Scarborough Ca_stle, before they presumed to cast a Net upon the North Coast of England? Wherefore did Phillip the Second of Spain, 552. obtain License of Queen Mary for his Subjects to Fish upon the North Coasts of Ireland for the Term of Twenty one Years, for which, was yearly paid One thousand Pounds into the Exchequer of Ireland as by the Records appear?

A Fig for your mouldy Records: I say the Sea is as free to Fish in as &horfill;

&horfill; As the Roads of Holland are to Travel in, where both Natives and Foreigners are forced to pay passage Ghelt.

Don't Interrupt me Sir; I say, the Sea is as free to Fish in as the Air to Breath in, who doubts it, may read our Great Hugo Grotius's, Mare li_berum.

Grotius in his Sylv� upon the Inauguration of King James (before he was perverted by the Importunities of his Country Men,) speak_ing his Thoughts freely say's, &horfill;Tria Sceptra profundi In magnum coiere Ducem.

The Rights of the English, Scottish and Irish Seas, are united under one Scepter; neither is he satisfied with that bare Profession: Sume Animos � Rege tuo qui dat Jura Mari.

Take courage from the King that giveth Laws to the Seas.

And in the same Book in the contemplation of so great a Power, he concludeth. Finis hic est qui fine caret, &c.

This is an End beyond an End, a Bound that knows no Bounds, which even the Winds and Waves must submit to.

And if you remember when King James ob_served your Encroachments, he enjoined his Ambassadour Sir Dudley Carleton to Expostulate it with your States, as may be seen in Mr. Se_cretaries Letter, 21. Dec. 1618. wherein he tells them, "That unless they sought leave from his Maje_sty and acknowledged his Right, as other Princes had done, and did, it might well come to pass, that they who would needs bear all the World before them by their Mare Liberum, might soon endanger their ha_ving neither Terram, nec Solum, nec Repub_licam liberam: So much did that Wise Prince disdain to be wrangled out of the Antient Rights, and Regalities inherently annexed to his Crown, by the subtle Arguments of Wit and Sophistry.

Don't tell me of King James, I say, that the Sea is free for every Body, and defy you to shew the Contrary.

Why then do the Venetians exercise Do_minion in the Adriatique, and the Tuscans Lord it in the Tyrrhene Seas? How comes it to pass that all your Skippers pay Toll to Denmark for passing the Sound, and to Sweedland for sailing in the Baltick? Wherefore doth the Republick of Genoa, let to Farm the Fishery for Teunies in their Neighbouring Seas: And the Emperour of Russia compel all Fishermen (within his Seas) to pay him Tribute: How is't that the like is done by the Duke of Medina Sidonia in Spain, and by all the Princes of Italy bordering on the Seas? Nay, wherefore do the Dutch Stile themselves Lord's of the Sou_thern Seas, and allow far less Liberty in India than they take upon the English Coasts.

But to wave this Dispute: Pray Sir, how many Labourers have you in your Golden Mines as you call'd 'em.

Upon taking an Account of the several Trades and Employments, by which the Dutch sub_sisted (in order to find which best deserved the Pro_tection and Encouragement of the Publick, it ap_peared that in Anno 1668. The Subjects of the States General were Pol. Gron & Maxims Van Holl. Page 43. Two millions, Four hun_dred and Fifty thousand, of which (besides those employed in the Inland Fishery,) Four hundred and Fifty thousand were then maintained by Fishing at Sea, and the Trafick depending thereon; since which time we have much encreased the Numbers of our Fishing Busses and Doggers to the great Encourage_ment of our Navigation, and all Trades depending on the Fishery?

Which are they?

Anchorsmiths, Bakers, Ballestmen, Basket_makers, Blacksmiths, Brewers, Butchers, Carpen_ters, Caulkers, Clapboard-splitters, Compass-makers, Coopers, Duck-weavers, Hemp-dressers, Hook-ma_kers, Hoop-slitters, Joyners, Line-makers, Mar_riners, Mast-makers, Net-makers, Net-tanners, Plummers, Pully-makers, Pump-makers, Rope-ma_kers, Sail-makers, Sawyers, Ship-chandlers, Ship_wrights, Tallow-chandlers, Thread and Twine-spin_ners, &c. to the no small Profit of the Makers and Venders of all Materials, Tools and Utensils belonging to those Trades, and of all Tradesmen that make or sell Culinary Wares, Bedding, Cloathing, &c. for Marriners; to which may be added, Packers, Tol_lers, Dressers, and Couchers to carry, sort, and make the Herring lawful Merchandize, also Porters, Car_men, &c. In a word, you can hardly cast an Eye upon any sort or condition of People, but are the better for our Fishery, and the community most of all.

Pray where, and at what times of the Year do you fish for Herrings?

In the beginning of June, the Herring rising about two Leagues off Cranehead (the outermost part of Bratio-sound,) stay there about fourteen Day's, thence go to Farry Islands (seaven Leagues to the Southward of Shetland,) round which they remain one and twenty Day's, thence to Buffinness (about thirty Leagues to the Southward of Farry Island,) the Fishing place is called Buffin-deeps, and is twenty Leagues to the Northward of the Frith, where the Herring abide about fourteen Day's, and in the Fishing ground under Chivit-hills and Chivit-chace about fourteen Day's, thence we follow them to the Dogger-bank, where they stay about thirty seaven Day's; about the beginning of September, they come into Yarmouth Seas, where they continue near seaventy Day's, from whence they fall to the Southward, followed by small Fishermen, it being dangerous for Busses.

What quantities of Fish are yearly taken by the Dutch?

About L.v. Aitzma. Anno 1653. Three hundred thousands Lasts.

This confirms Sir Walter Rawleigh's Ob_servations presented to King James, Anno 1633. and shews that the Learned Sir John Burrough's in his Sovereignty of the Brittish Seas, upon good Grounds affirmed that the Fish yearly taken by Strangers upon our Coast's, did amount to Page 140. above Ten millions of pounds Sterling: But pray Sir, where have you vent for all your Fish?

At Artois, Brabant, Bremen, Cleveland, Cologne, Dantzig, Denmark, Elbin, Emb_den, Flanders, France, Frankford, Germany, Gulickland, Hamburgh, Henault, Holstein, Italy, Liefland, Lithuania, Lubeck, Nerva, Norway, Poland, Pomerland, Portugal, Prus_sia, Quinsbrough, Revel, Riga, Russia, Spain, Stade, Stratten, Sweedland, &c.

Are you never afraid of glutting the Mar_kets.

No more than we are that People will leave eating, great part of the trading World being yet unserved, which is the Reason we yearly so much en_crease the Number of our Doggers.

What Returns are made for your Fish?

Allum, Armour, Baratees and other Frank_ford Commodities, Brandy, Bullion, Clapboard, Coin, Copper, Corn, Currants and other Grocery Wares, Damasks, Dealboards, Dollars, Flax, Fruit, Furrs, Fustians, Glass, Hemp, Honey, Hulsop, Iron, Lace, Linnen, Milstones, Oyl, Pitch, Plate, Pot_ash, Prunes, Rashes, Rosin, Sarsenets, Sattins, Silks, Skins, Steel, Tapstry, Tar, Timber, Vel_vets, Wainscots, Wax, Wines, and other things in abundance; the exporting of which Commodities again to other Countries, gives our Ships full Employ_ment, so that they need not go in Ballast to seek Freight, but by the Profit of our outward bound Voyages, are enabled to serve Foreigners so cheap, as to render us the common Carriers of the World, conse_quently Masters of the most certain Profit in Trade; for when the Ships arrive safe in Harbour, though Merchants happen to loose by their Goods, yet Sea_men are paid their full Wages.

Besides by continual Bartering of such Exports, Holland is rendered the mighty Store-house, and Empory of all Foreign Products and Manufactures, from whose infinite Miscellany of Goods its Inhabi_tants are compleatly furnished with such sortable Wares, as enables them to Trade from Port to Port without danger of glutting Markets.

And thus as our Fishery hath encreased, our Trade and Navigation; constant Employment hath still made Foreigners flock to us in such Numbers, that out of our Multitudes, supplying (from time to time) the loss of so many lives as the change of Climates, Successes against the Portugeses, and Victories against the Indians have cost us; we have forced Treaties of Commerce, Exclusive to all o_ther Nations: Built Forts upon Straits and Passes that Command the Entrances into Places of great Traffick; Monopolized all the Spice Trade, and mightily advanced towards Engrossing the whole Commerce of the East Indies.

Well may you boast, that Amsterdam is Founded upon Herring Bones; and no won_der that notwithstanding your so frequent and chargeable Wars ever since your Revolt from Spain, there is hardly a Beggar in your Streets.

But if in Holland, which contains not above Five millions of Acres, its Bogs and Sandy_downs excluded.

Holland, where you have no Minerals, and where it is in vain to dig for any thing but Turf, and Clay.

Holland, where you have no Tree but what you planted, nor Stone but what you brought thither.

Holland, so much lower than the Ebbings of the Tides and Rivers, that at vast Expence you are obliged with Mills to drain the very Floods occasioned by the Rain.

Holland, where notwithstanding your conti_nual Charge (as was said) in repairing Banks and Dykes; frequent Inundations destroy Man and Beast for several Miles together, and then vast Sums (and whole Years) are spent e're the Land can be regained.

Holland, where the East Winds coming to you o're a mighty length of dry Continent, extream Cold, and long Winters, put you to the expence of much Fire, Candles, Food and Rayment; and to great charge and pains in housing and foddering your Cattle, all which time (living on dry Food) they yield little Milk.

Holland, so exposed to bleak Winds, that blast the Blossoms of its Trees, and Storms that shatter off e're ripe their Fruit.

Holland, where that little Arrable Land you have, lying generally on sand or light Bot_toms, requires much Soil, and where Seed_time is so short, that unless it be exactly nick_ed no Profit can be reaped; for when the Seed rots in the Ground (as by great Rains it frequently happeneth,) the Season is general_ly past before it can be Sown again.

Holland, whose whole Product is scarce suf_ficient to serve Pol. Gran & Maxims van Holland, Page 44. one Eighth part of its Inha_bitants, consequently the rest are obliged to purchase the so necessary Commodities, Food, and Rayment of Neighbouring Countries at the Rates they can get them.

Holland, whose Territories extending upon powerful Neighbours, To defend it's Frontiers, and draw out a War in length by Sieges, in order to determine it, by force of Money ra_ther than of Arms; you are obliged to be at vast Expence in Fortifications and Standing Troops, to defend them even in the time of the profoundest Peace, for instance Anno 1670. After all Reforms, you had Ten Regiments of Horse and Nineteen of Foot, making together Twenty six thousand Two hundred Men, the constant Charge of which Forces was 556281l. Sterling per Annum.

I say, if in Holland naturally loaded with these Disadvantages and Misfortunes, and all their ill Consequences; notwithstanding you are Sir William Temple's Observation on the United Pro_vinces, Bridled with hard Laws, terrified with severe Executions, environed with Foreign Forces, and oppressed with the most cruel Hardships and va_riety of Taxes that were ever known under any Government. Your People are become so nu_merous and wealthy, by Fishing upon our Nor_thern Coasts.

Did we in England diligently apply our Selves to the Fishing Trade, what a continual Sea Har_vest might we reap, whose Coasts so abound with Cod, Hake, Conger, Whiteings, Scate, Sprats, Soals, Oysters, Salmon, Pilchards, Turbets, Thornbacks, Mackerel, Herrings, or Ling, all the Year long.

Why e'ne such a Sea Harvest as the Ham_burgers did (who after five or six Years trial to Imitate us in the Herring Fishery,) found to their cost we still outdid them, and so we shall you.

The Reason why you outdid the Hambur_gers, was because they were yearly Frozen up Lex. Mercator. Fol. 171. somewhat longer than you, but seeing by that Start you could out strip them, surely we need not fear the Goal; who (besides what has been said,) have in Fishing many more Advantages of you, than ever you had of the Hamburgers.

The generality of your Countrymen are of ano_ther Opinion.

I am not Ignorant what Industry has been used to Poyson my Countrymen with an Opi_nion, that none but Dutch-Men can thrive by Fishing: But unprejudiced Persons upon ex_amining the Matter will find.

The Dutch have above an hundred Leagues to Sail before they come to the Herring Fishe_ry, which is only in the Brittish Seas, and when there, must lie at the mercy of the Winds for want of a Port to Friend, and in case of Un_loading have as far back again, which takes up a great deal of Time, hinders Business, and endangers the loss of their Markets: Whereas, in England we have the Fish upon our own Coasts, so near our Shoars, that in case of Storms, Unloading, taking in of Provisions, or the like, it is but four or five Hours work (commonly not so much) to recover an Har_bour, and without loss of time put to Sea a_gain; the work of Unloading, Repacking, and sending our Fish to Market going on in all Weathers.

And have not we Dogger Boats to take off our Fish at Sea, and refurnish the Fishermen with Cask, and other necessaries.

Yes Sir, and you have the charge and risque of those Dogger Boats too (both which the English save) after all if it happens to be a Rowling Sea, you must lie by and wait for a Calm.

What other Advantages can you boast?

England, hath many convenient Tide_haven-Ports, as at Hull, Harwich, and Holy Island to the Northward, and Dover, Rye, Portsmouth, Southampton, Cowes, Weymouth, Dartmouth, Catwater, Hamose, Fowey, Fal_mouth, Hilford, Scilly, and Milford Westward, where at low Water all of them are small Chingle or hard Sand; so that our Vessels may easily haul a shore, and Wash and Tallow at Pleasure; nor are Creecks and commodious Places wanting in England to lodge our Busses and Doggers safe when not employed, so as to prevent wear of Cables, charge of Watching, danger of Fire, &c.

What else?

The Shores of England are bold, its Coasts high-land, easily discovered, several of our Cape-Lands opposite to France and Holland, make Eddy-Bayes whose depth of Water is mean as six, eight, ten, or twelve Fathom the Tides (on our own Coasts) are small Anchor hold, generally stiff Clay, Chalk or hard Gravel, so that we need not dread Winter Storms, besides the Advantage we have of lying in a moderate Climate, and in the very Cen_ter of the Trade of Europe, affords us oppor_tunity of sending to Forreign Parts, from di_vers of our Ports at all Seasons of the Year: Whereas the Coasts of Holland are extreamly Low, subject to be Hazy and Foggy, have ma_ny Shoals and Sands, some of which lie so far off at Sea, that frequently Ships are Stranded before they see Land; its Ports are bad, and of_ten choaked up with Quick-sands; its Haven's yearly frozen up two or three Months together: And the North west Wind (usually blowing the greatest part of the Year) makes Holland a Lee, and England a Weather-shore, so that (oft times) whil'st you are Wind bound or Frozen up at home, we can supply the Mar_kets abroad.

Besides, wanting Wood at reasonable Rates, you cannot share with us in the Red-herring Trade.

As for Pilchards, they cannot be well cured unless brought Fresh on Shore, and being taken on our Coast's, will be Stale e're they can be carried to Your's.

Not to mention our Rich New England Fi_shery, our Western Ports are incomparably scitu_ated for the Newfound-Land Fishery, and the Country it self belonging to the Crown of Eng_land, you can have no footing there.

Near the Pile of Foudray in Lancashire, and in several other Places along the Shores of Wales; we can Fish even without the Charge of Busses, for by only setting Nets on the Sands at low Water, great quantities of Herrings are taken next Tide of Ebb.

Those Herrings on the Coast's of Lancashire (coming newly out of the Ocean) are so fat they will not take Salt kindly, consequently are apt to Reast.

We now find by Experience, that fat Herrings being pressed and cured like Pilchards, take Salt kindly, and yield Store of Oyl, to the great Encouragement of our Ship-wrights, Curriers, Soap-boylers, &c.

How chance this Method was not found out sooner?

Dies Diem docet; those noble Salt Rocks in Cheshire, (sufficient to supply all Europe) have not been many Years discovered.

Besides, of a Stone abounding in Shropshire, much Pitch is now made of so Excellent a Na_ture, Heat only causeth it to penetrate deeper into Plank, and Cold cannot make it crackle off; both which are Advantages Holland can't pretend to.

What more?

The Coast's of Wales abound with Ash; which as far excels other Wood for drying Herrings, as its Bark doth all others for tanning Nets: Nor do we in England (as you) want Willow-hoops from Hamburgh.

Notwithstanding all the Advantages you speak of your Chief Fishing Towns, Yarmouth and Laystoffe, are beholden either to us at Enck_huijsen, or to the French at Diep, for selling them Nets?

Before the late War, they used to buy Sail Cloath of you to, but that now made at Fulham, &c. is brought to equal Perfection with your best Hollands-Duck; and as for Nets, the Towns you mention, have these seaven Years last past made most they used; and who knows, but that our Artisans (universally al_lowed the best upon Earth for Improvements) may in a little time as much Excel you in these Things, as they out do the Germans in fine Steel-works, which though they first Inven_ted, yet we now make and sell to them:

But seeing you talk of being beholden: I think you are beholden to us, for selling you our Thames Lamprons wherewith you bait for North Sea Cod, else you might go ...... whistle for 'em.

Have you any more Advantages of us?

I omitted to tell you, that upon Expor_ting our Fish, we have the Benefit of a consi_derable draw back upon Salt.

If that were all, rather then suffer that Tide of Wealth that flows in our Fishery to be Di_verted to another Channel; no doubt but our States will allow the Dutch the like Encouragement: But now I find you have told me all your Advanta_ges.

Excuse me Sir, England affords Timber, Iron and Hemp; whereas, you are forced to purchase those Commodities in Foreign Coun_tries.

Nevertheless, we have all Naval Stores in Bar_ter for Herrings, which costs us little but the trouble of hawling up out of the Sea, which being considered, and how much the catching such Herrings (by em_ploying and encreasing our Ships and Marriners, adds to the Wealth and Strength of our Country,) it con_duceth far more to our Advantage, then if Holland had Naval Stores of its own Product: Whereas, to purchase East Country Wares, the English are year_ly forced to Export much Coin, to the great exhau_sting of their Treasure.

We do not (as you) depend solely up_on the East Country for Naval Stores; no, in case of Exaction or Rupture, we can be suf_ficiently supplied from our American Plantati_ons.

But if a Fishery be Established in England, what should hinder us from having Naval Stores in Exchange for Herrings as well as you?

Your white Herrings are not so bright and good as ours.

Whil'st your Clapboard is floating from Germany, the Rhine draws out its Sap, and if we also soak the Corrosive Sap out of our Clapboard, which now discolours and preys up_on our Fish, and like you, gip and salt the Her_rings as soon as taken, they'l be every whit as bright, and good as Your's.

We build Cheaper in Holland than you do in England, and Sail our Vessels with fewer Hands.

Our Ships are much Stronger and Abler to brook the Seas than Your's, and will last twice as long; and as to your sailing with few_er Hands, we envy not your Happiness, whil'st (in proportion to your Tunnage and Number of Marriners) you yearly loose (by slight building and undermanning) far more Ships and Mens Lives than we, for which Reason, in above three Parts of the World, our Ships yield better Freight, where then lies the Odds? Which were there any, could be only in Mer_chantmen to carry our Fish to Market; Bus_ses and Fisher Boats carry more Men to catch Fish than are needful to Sail them: And in the Greenland Trade, each Ship must have Three times the Crew that can Navigate her, to Man their Shallops when a Fishing, were not this true since in building, English Shipwrights know no Masters, surely we might easily cause our Ships to be built and manned after your Mode.

But supposing your Assertion true, if as all Ships that carry Corn to Venice, are permitted to Load Currants at Zant; so all Bottoms which Exported English caught Fish, might be allowed to return with a Loading of Naval Stores, without paying Alians Duty: That would set us upon even Ground with you, as to the Business of our Fishery.

Two thousand Five hundred Persons are hard_ly able in a whole Year, to make a Fleet of Nets for Five hundred Busses: Now Englands many wasts and unimproved Lands, shews its not half Peopled, and of those in it,

Consider.

How many Women and Children do just nothing, only learning to spend what others get.

How many are meer Voluptuaries, and as it were Gamesters by Trade.

How many live by puzeling poor People with un_intelligible Notions.

How many by perswading credulous, delicate and litigious Persons, that their Bodies or Estates are out of Tune or in Danger.

How many by Trades of meer Pleasure or Orna_ment.

How many by Fighting as Soldiers.

How many by Mysteries of Vice and Sin, or in a lazy way of Attendance upon others, where then can you hope to find Hands to carry on your Fishery.

In England, we have Numbers of French Protestants, who fled from Diep and the Coasts of Normandy, &c. (bred to the Business of the Fishery from their Cradles) that (if setled in our decayed Fishing Towns) would as cer_tainly make them Flourish as the Walloon and Burgundean Refugees planted by Queen Eliza_beth 1568. at Norwich, Canterbury and Colchester, raised them (then so Poor) Cities, to such great Trade, Riches and Plenty.

In England, we have no Sumptuary Laws: So that Mercers not foreknowing Fashions, dare not lay out their Stocks till the Spring, at which time their sudden great Demands ren_der Journey Men scarce, and oblige Weavers to draw in Numbers of Apprentices, who in few Months supply the Trade of the Nation; when being turned off, many (like the Inha_bitants of the Bath, Epson, Tunbridge, &c. who live by exacting on Strangers in Summer), are ready to Starve for want of Employment before the next Spring.

Were a National Fishery established in Eng_land, our Gentry by causing their Footmen and Servants to rise early and employ their idle Hours in making Nets, might not only reap the Profit of their Work, but by accustoming them to Business in their Youths, beget in them such industrious Dispositions, as would prevent (what now too frequently happens) their be_coming Beggars, or worse in Old Age.

The time of Labouring, and industrious Peo_ple well Employ'd, is the best commodity of any Country; and were a Fishery established in England, how Advantagious would it be to the Publick: When all our disbanded Soldiers, poor Prisoners, Widows and Orphans, all poor Tradesmen, Artificers and Labourers, their Wives, Children and Servants, each vacant In_terval may be getting a Penny by braiding and beeting of Nets, &c.

The far greatest Part of Englands Droans, are neither so Young� nor yet so Old or De_crepit, but that they may either turn Wheels, spin Twine, braid or beet Net's, cut Corks, cast Leads, make Herring Spits, Norsels Swils, or Baskets, Gip, Spit, Salt, hang or pack Her_rings, or at least tend Fires to smoak or dry them, pick Oakum or the like; and as a constant Employment of our Poor, will be a continual Ease and Comfort to them, by amu_sing and diverting them from thinking of their Poverty or other Misery; so will it alleviate the Nations Burthen, and in some measure be a Re-peopling of us too, by adding so many lost Hands to the Service of the Publick.

But still you want Marriners; whereas Sail_ers in Holland, are as Common as Beggars in England.

'Tis own'd, our want of Marriners e_nough at once to Man our Navy, and Collery, cost London, and the Dependencies upon the River of Thames (during the late War) above Seaven hundred thousand Pounds, only in the Price of Coals; by which may be guessed, how Detrimental it was to the Trade of our Nation in General.

But the more we want Marriners, the grea_ter Reason we have to Establish a Fishery; which (as is shown in the Preface) is the best way to Encrease their Number.

The many Thousands English, Scotch and Irish Marriners, who now yearly Fish for you, would hardly seek work abroad, if a Fishery af_forded 'em full Employment at home, and 'tis odds, but a finer Country, cheaper and better Food and Raiment, wholesomer Air, easier Rents and Taxes, will tempt many of your Countrymen to cross the Herring Pond.

Since the Peace is concluded and our Great Ships laid up, we have Marriners enough to being a Fishery; and as that goes forwards, it will proportionably encrease their Numbers.

Fishing is a Work, for which the English are unfit, and requires such skilful, industrious and ro_bust Seamen, as no Country breeds but Holland.

Your learned Keckerman say's, Omnibus Hodi� Gentibus, Navigandi, industri� & periti� Superiores esse Anglos.

'Tis certain, our Mariners do as cheerfully undergo Hardships, and are as bold in Danger as any, and for hard Labour, the working of a Mine is incomparably harder than that of a Buss. No Country but Great Brittain can boast, that after twelve Hours hard Work, its Natives will (in the Evening) go to Foot-ball, Stool-ball, Cricket, Prison-base, Wrestling, Cudgel-playing, or some such vehement Exer_cise for their Recreations; and as for their Ge_nious, its Remarkable, that such Lads and Country Fellows as at Yarmouth, Laystoffe, &c. are once hired into the Fishing Trade, and come to feed on the Fish they catch, it improves them at such a rate, that of pittiful weaklings at Land, they become healthful, stout and hardy Persons, and upon trial find it so much to their liking, that not one in twenty but take to the Sea for good and all.

English Men are dainty Chap't, and when a Fishing cannot fare like ours.

It is certain, they need not for Meat and Drink in Ireland, and in many Parts of Eng_land are above as Cheap again as in Holland, which produceth no other Provisions (for Traffick) than Butter and Cheese, and those too are Cheaper with us than with you: Be_sides 'tis observed, that whatever Dutch Fisher_men save by eating of Grout, they drink more than our's in Brandy.

The Act of the 18. Car. 2. prohibits the Importation of Irish Cattle, to keep up Rents: Now catching much Fish (by hindering the Consumption of Flesh,) will make Lands fall.

Doubtless Plenty of Food, is a great Bles_sing of God, and no Good Englishmen will de_sire to grow Rich by a Famine.

Its generally the landed Men bear the Burthen of the Poor, without finding them Work, they must maintain them Idle: Where the Poor's Rates are High Lands will fall, and Rents be ill paid.

The cheaper Provisions are, the less Taxes will serve in time of War, House-keeping will be less Chargeable, and a less Rate maintain our Poor: But where Provisions are Dear, Work and Wages, will rise in proportion to the great Detriment of Husbandry, and stop to Improvements, which (pro tanto) will fall Rents; and raise all Manufactures, yet lessen their Con_sumption both at home and abroad, and Neces_sitate Masters for want of Vent (by turning off their Journeymen) to make whole Families of Beggars at once.

Catching much Fish, will Morally speaking, render England less subject to a Famine, which generally exhausteth more of our Wealth in one Year, than War doth in two.

Catching much Fish, will give work to ma_ny Thousands of both Sexes that now are cloathed in Rags, and (through Poverty) live only on Bread, Water Pulse, Roots, and the like, who when they come to have the re_wards of their Labours in their Hands, will En_courage the Woollen Manufacture, by buying New Cloaths; and our Farmers by a greater Consumption of the Product of the Earth, By drinking Strong-beer, will advance the King's Excise by encreasing the Number of Tenants, raise our Rents, yet lessen our Poor's Rate and Taxes, by helping to pay them.

Catching much Fish, will occasion the ex_pence of much Butter, and make our Farmers run much upon Daries, the Business whereof though performed by Women, turns to as good Account, as the hardest Labour the Husband_man can employ his Time in: Put case the Market should be over stock't at Home, Eng_lish Butter is too Good a Commodity in Flanders, France, Spain, Portugal, &c. ever to want Vent abroad.

The Cheaper our Provisions are, the more Navigation will be Encouraged, more Foreign Ships will Victual with us; fewer of our's in Ireland, and the more Beef, Pork, &c. shall we Export to Barbadoes, Jamaica, &c. so that supposing Meat should not always remain at a very excessive Rate, yet where a greater Con_sumption causeth a quick Market, though at a midling Price; if the Proverb be true, light gains will make a heavy Purse.

It is cheap Provisions that Enables the Indi_ans to Supplant the Europeans in their Manufa_ctures; and should a Fishery make Provisions in England but one Tenth part Cheaper, Wages would fall in Proportion, and our Artists grow never the Poorer, yet our Merchants be ena_bled (by underselling) to beat all the rest of Europe out of the Woollen Trade, and then our Farmers would gain far more by the rise of the Fleece, than they'd loose by the fall of the Flesh.

After all, the Profit of Land in England doth not wholy consist in Breeding, abate in Gra_sing, and plow up more Pasture, and Flesh will hold its Price.

Corn is so Cheap in England, your Far_mers are often Broke by it, what then could you do with greater Quantities.

The Reason why Farmers sometimes want Vent for their Grain, is because we have not always Store, and therefore Merchants makes no provision for the Trade. But if we yearly Sow such Quantities of Corn beyond the Expence of the Nation, as Merchants may be no less certain of a constant supply here than they are in the Sound (where the Country depends as much upon their Harvest, as France does on its Vintages,) Plenty would soon cre_ate a Trade, and the Advantage of England's ly_ing so much nearer than Dantzig to the Places where Foreign Corn is exported, together with the Allowance granted by the 25. Car. 2. upon the Exporting thereof, will sufficiently Encourage Merchants to deal therein.

Most of our Ships are now sent light to Bil_boa, and Lisbon, (now what loads our Ships helps our Navigation,) and our Exports to Lis_bon not answering our Imports from thence; the more we send them in Corn, the less their Wines will cost the Nation in ready Money, or Bills of Exchange which is all one.

Gold and Silver Mines England hath none, and in time of Peace no way to get Bullion, but by Foreign Traffick; to which, nothing can more conduce than cheap Fishing, and cheap Working and Manufacturing the Com_modities, which compose the Exports of our Kingdom, and that is, not to be effected except Labour be Cheap, which it can never be where Provisions are dear: But the cheaper our Provisions are, the cheaper our Exports may be afforded, consequently the more Vent we shall have for them, and much Vent will cause many Workmen, and when the Wheel is set agoing, Trade begets Trade, as Fire be_gets Fire; and the more Trade encreaseth, the more will Industrious People from all Parts flock to us, and Tenant our Houses, enclose our Wasts, improve our Lands, encrease our Ma_nufactures, and enlarge our Products, far be_yond the whole Expence of our Nation, and thereby in Proportion add to its Wealth and Treasure, for Merchants exporting the Surplus, will in Returns bring back Gold, Silver, and other valuable Commodities, which in England that hath property by Succession of Contracts, will diffuse among its Inhabitants, and thus as the Number of Persons made Rich by their Labour and Industry encrease, and the Choice of Tenants and Chapmen are enlarged, a kind of Competition amongst them, must and will make Rents and Lands advance in Pro_portion: Witness Holland, and such of our Lands as lie near Great and Populous Corpora_tions. So true it is, that Trade and Lands are Twins, that always wax and wain together.

Notwithstanding what hath been said, I advise all your Country Men not to be concerned in a Fishery, for in Holland we have Money at Three, whereas the Trade of England is burthened with Six per Cent Interest, consequently you can never keep pace with us.

Why do you not (for the same Reason) advise us, to forbear Trading to East India, Turkey, Spain, France, Italy, Portugal, &c. nay, to quit all Navigation, and abandon our Selves to the next Comers. Was it not the Fishing Trade gave rise to all your Wealth, and as Mo_ney grew plentiful in Holland, did not Lands rise gradually to near forty Years purchase, and Interest fall by degrees from Eight to Three per Cent? Why then may not we expect, that a Fishery will do the same for England, and be a means to regain our Muscovy, Green_land, Norway, and East Country Trades? For, still as Trade by encreasing of Wealth, causeth an abatement of Interest, abatement of Interest, will yet cause a further encrease of Trade.

The Dutch are already setled in the Fishing Trade.

Stately, Genoa, that once employed Forty thousand Hands in the Silken Manufacture, declines now as fast, as her formerly neglect_ed Neighbour Leghorn riseth: And if the French King continues to court all the World with po_pular Immunities, Leghorn (in time) must give Place to her Sister Marseilles

The King of Portugal having discovered the Passage to the East Indies Anno 1500. by the Cape of Good Hope, and so diverted the Course of Trade driven by the Venetians, from Alexandria, and the Red Sea to his Port of Lisbon; kept Factors at Antwerp, to Vend there his Indian Commodities; which drew several Merchants from divers Parts to reside there, and made that pleasant seated City the Pack-house of Europe: But when the Dutch Anno 1602. also found the Way to the Indies, and began to Rival Portugal in that Trade, Merchants resolving not to loose the Advantage of their Skill in Indian Commodi_ties by removing to Amsterdam, improved their own Estates but ruin'd Antwerp.

Trade like the Sea, its Element often ebbs and flows from one Place to another; not ma_ny Years since, we Imported Silk-stockings from the Levant: But now the Tide is turn'd, and we send them thither.

Projects in England, have of late proved very Unsuccessful.

What though some Men have run upon wild Notions, and catching at Shadows lost their Substance, that's no Objection against our Fishery, which is a certainty; for the Sea yields her Fish, as well as the Earth her Fruit in due Season: And Neptune hath been far more Bountiful to you than Ceres.

Have you drawn up a Method for Employ_ing the Poor of England in a National Fishery?

I have attempted it, but find the well contriving the Business requires far better Heads than mine.

However let's see your ESSAY.

Here it is Sir, and may receive Alterati_ons and Additions upon Consideration.

THE PROPOSAL. 1. THAT towards raising a Joint-stock for Employing the Poor in a Natio_nal Fishery, a Million be Subscribed. 2. That the Money Subscribed be called Stock, and be Assignable. 3. That every Subscriber, at the time of such their Subscriptions, pay to ...... One full fourth Part of his, her, or their respective Subscriptions; and in Default of such Payment, every Subscription to be utterly Void and Null. 4. That the residue of the said Subscriptions, be paid by such Proportions, and at such Days and Times, as by a General Court of the said Subscribers, shall from time to time be appoint_ed: And in Default of such Payment, that then the fourth Part first paid, as aforesaid, be for_feited to the Use of the Corporation, herein after mentioned, their Successors and Assigns. 5. That the Subscribers be Incorporated by Act of Parliament (by the Name of the Corpo_ration, for employing the Poor of England in a National Fishery) with perpetual Succession. 6. That at a General Court to be held for the said Corporation, Thirty be chosen out of the said Subscribers, by plurality of Votes, and presented to the Parliament. 7. That out of the said Thirty, Ten be no_minated Fathers of the Poor, and Directors of the National Fishery by both Houses of Parliament, approved by His Majesty, and ac_countable to them for their Trust. 8. That in case of Vacancy (by the Death, or Misdemeanor) of any one of the said Father's of the Poor (during Sessions of Parlia_ment,) the said Corporation to present Three, out of which His Majesty and Parliament to nominate One, as before, and so toties quoties. But in case the Parliament shall not then be sit_ting, that such Vacancies be filled up by the Majority of the Surviving Father's until next Sessions of Parliament; and then the Corpo_ration to present, and the King and Parliament to approve as before. 9. That such Father's be Impowered to Con_stitute under the Seal of the said Corporation, a sufficient Number of Deputies in each Coun_ty in England; and that such Deputies be, and be called Steward's of the Poor. 10. That the said Father's and such Steward's of the Poor, be exempted from all Parish Offices. 11. That the said Father's, and such their Steward's be vested with all Authority now in Justices of the Peace; and that all Parish Of_ficers be subordinate and accountable to the said (Father's and such their Steward's,) in allthings (only) relating to Employing the Poor. 12. That the said Father's and Steward's have Freedom to set the Poor on Work, about such of the said Trades relating to the Fishery as they shall think fit, with a non obstante to all Patents that have been, or shall be granted. 13. That to prevent People from being op_prest and ground to Poverty by Pawn-Brokers, that screw out of them 40 or 50 per Cent; the said Father's may be allowed to erect Lumber_Offices in every City and Town in England exclusive of all others, upon Condition they take not above ...... per Cent. per Annum. 14. That in all Churches (as in Holland) at every Solemn Assembly, the Church-Wardens with a long Staff, Bag and Bell during the Ser_mon, receive the Charitable Benevolence of the whole Congregation, and pay the same to the said Father's, who shall cause a true Account to be kept thereof, and apply it to the Erecting Hospitals in London and other Great Cities, wherein Poor Women near the time of their Travel, may be received and carefully Delivered, and remain till they are in a con_dition to return Home, and follow their Work: And if at the Years end, any Overplus of such Collections remain, that the same be yearly ap_plyed for Marrying poor Maids. 15. That until the Business of the Fishery be sufficient alone to give Employment to all our Poor, (or at least during Ten Years next after the Establishing a National Fishery,) the said Fa_ther's and Steward's of the Poor, may be Im_powered to Imploy such of them as they shall think fit, in erecting Free-Schooles, Hospitals, Work-houses, and Ware-houses; for the Cor_poration, in making Enclosures, in repairing Sea Banks, draining Fens, cleansing and deep_ning Rivers and Havens, in building and re_pairing Churches, Bridges and Causeways, in mending Roads, in planting Oaks near Navi_gable Rivers, and Fruit Trees, in Inland Coun_tries, also in cleansing of Streets, Common_shores and the like. 16. That the said Father's of the Poor, be Impowered to send such Refractory Poor as they shall think fit, to serve in His Majesties Plantations, taking Security for their comfor_table Maintenance during their Service, and for their Freedom afterwards. 17. That all the Poor's Rates in England be Collected, as formerly by the Church-Wardens of each Parish, and by them quarterly paid in_to the Treasury of the said Corporation, as a Recompence for their providing for the Poor, and freeing the Nation from Beggars. 18. That the Million Subscribed, be always kept Intire, as a Security to Indemnify the Na_tion against the Charge of the Poor; and the Income and Profit's be only divided amongst the Subscribers. 19. That the Treasure of the said Corpora_tion be accounted as Sacred, and that it be Fe_lony to imbezel, lend, convert, or apply the same to any other Use, than maintaining the Poor, or carrying on the Business of the Fi_shery. 20. That the said Father's may buy up when Cheap, a certain Quantity of Corn, Coals, &c. yearly, and lodge the same in their Granaries, for the Use of the Poor, but not make Mer_chandize of them, or sell them again in England. 21. That the Stock in the said Fishery be not chargeable with any Rates, Duties, or Impo_sitions whatsoever. 22. That Debts due to the Fishery, for Goods by them, bona fide sold and delivered, take Pre_ference of all others, Except those due to the King. 23. That all Persons may Fish as formerly, and sell what they catch in England, but none Export any Fish but the National Fishery with_out paying them ...... per Cent. 24. That the said Father's and Steward's, be Impowered to bind such single Persons to the Company, as the Church-Wardens and Over_seers of the Poor by the Statutes of 43 Eliz. 2.1 Jac. 25.21 Jac. 28. and the 3 Car. 4. are Impowered to put out Apprentices, the Boys to Serve till Twenty four, and the Girls till Twenty one Years of Age; at One of the two and thirty Trades more immediately relating to the Fishery.

The Companies Interest will oblige them to Provide the best and soberest Masters.

How to prevent their Desertion can be shown beyond Objection.

The Boys being in the Fishing Season em_ploy'd at Sea, and working at other Times at that Trade relating to the Fishery to which they were Bound, when their Time is out, will be able to get their Livelyhoods either at Sea or Land; and if to render them more capable of serving their Country, the said Fa_ther's or Steward's (at Four a Clock each Sa_turday in the Afternoon) should cause them when (on shore) to Muster, and Exercise although only with Staves,) and for Diversion to play at Cudgels, or Fence, and reward the Conquerer with liberty of wearing a small Ribbon, whose distinguishing Colour of Red, Blew, &c. should Entitle them to be called Captains, Lieutenants, &c. by the rest of their Fellows, till next Weeks trial of Skill: How soon would Emulation beget Address? And what a Treasure and Strength to Eng_land would such a Sea-Militia be, always rea_dy for Service both by Sea and Land, and yet no Charge to the Nation till actually in it.

That His Majesty may be addressed to grant Leases to the said National Fishery, of all Wasts and Derelict Lands to be by them used in building Warehouses, curing Fish, spinning Twine, and drying and beeting their Nets and the like; and also to be by them distributed a_mongst such of their Apprentices, their Heirs and Assigns, as shall have faithfully served them Eight, or more Years, not more then five Acres apiece.

Upon the whole, I confess, that England may out Fish us, but then you must have nothing to do with Companies, only make it every particular Man's Interest, and they'l soon make it their Business.

Its Dangerous taking a Rivals Advice, and well known why Fish was so Cheap this Year in Spain, Portugal, Italy, and other English Mar_kets; yet sold so well in the East Countries.

Glutting Markets may Ruine particular Men, but its far more Difficult to put Tricks upon Companies.

D. After all, where can you find a Set of Honest Men, to carry on a National Fishery in England?

In Amsterdam, you have your Church-War_dens, Directors of Bethlem, of your Rasp-house, of your Spin-house, &c. Commissioners for your small Differences, and those of your Levant Trade, your Sea Affairs, &c. also your Vroedschap, your Schepens, and your Burge-masters, which are Places of far more Trouble than Pro_fit, yet (being the usual steps to Preferment) are generally (like that of Common-Council_Men in London) officiated without Reproach. Not for that the Dutch are honester Men than their Neighbours: But because such are found tardy in those Employments are barred all fu_ture hopes of Advancement. And should our Parliament address his Majesty to prefer in the Custom house, Excise, &c. such as behaved themselves well in the Fishery, and make breach of Trust therein, to incapacitate Men from ser_ving the Government in any Employment Mi_litary, or Civil for ..... Years (how small Wages soever the Corporation allowed,) the Company would never want Servants, that Vo_luntier like, would vie with each other, who should best serve their Country by most promo_ting its Fishery.

An Honest-Man is a Citizen of the World, Gain, equaliseth all Places to me. And when you Settle a Fishery upon better Terms than our's (as my Grandfather left Antwerp when its Trade began to decay, and removed to Amsterdam) I'le bid a_dieu to t' Vaderlandt, and Remove to London in the Interim: Farewel. &horbar

CONCLUSION.

SEeing in the Preamble of an ACT passed in the 14 Car. 2. 'Tis declared, That the Pub_lick Honour, Wealth and Safety of this Realm, as well in the Maintenance and Support of Navigation, as in many other Respects doth in an high Degree, depend upon the Improvement and En_couragement of the FISHERY.

And seeing the way to all this Honour, Wealth and Safety is so Plain and Easie, that by only a Frugal and Industrious management of Affairs (without quarrelling with our Neighbours,) we may quickly become sole Masters of the Fishing Trade.

For shame let not English-Men longer say, with Solomon's sloathful &rphand; There is a Lyon in the Way. Prov. 26.13.

|CEC |Y1717 WEDNESDAY Club-Law: OR, THE INJUSTICE, DISHONOUR, AND ILL POLICY Of BREAKING into Parliamentary Contracts FOR PUBLICK DEBTS. &horbar We do entirely concur with your Majesty in Opinion, That nothing can contribute more towards preser_ving the Credit of the Nation, than a strict Ob_servance of all Parliametary Engagements; which we are firmly resolved, upon all Occasions, inviolably to maintain. First Address of present H. of Com. to his Majesty. &horbar LONDON: Printed for E. Smith, under the Royal-Exchange; and A. Dodd, at the Peacock without Temple_Bar, 1717. (Price 6d.) &horbar &horbar THE Injustice, Dishonour AND Ill-Policy OF Breaking into Parliamentary Contracts FOR Publick Debts.

WHEN I see a Proposal for raising of Money, with a more than ordinary Shew of Zeal for Publick Good, what I first look for is, a certain little Thing in a Corner, which may be pro_perly call'd, The JOB; or what is to be got by the Projectors? And, to say Truth, I was not long, before I disco_ver'd This in the Proposal now under Consideration. And that I may unde_ceive some well-meaning People, who seem not to dislike the Project, and like_wise unmask those pretended Patriots; I will endeavour, in few Words to prove, That the Redemption of the Publick Funds, by breaking into Parliamentary Contracts, as propos'd in the Journals of the Wednesday-Club, and in the two Schemes extracted out of the said Book are Unjust, Dishonourable, Unnecessary, Im_politick, and lastly, a manifest Roguery, calculated to draw a Sum of Money out of the Pockets of the fair Purchasers into those of the Projectors, and their Con_federates.

Before I enter into the Subject, I think I am bound to declare, That I only examine the aforemention'd Jour_nal; and, that I am so far from suspect_ing any ill Design in those of higher Posts, whose Business it is to contrive Schemes for the Payment of Publick Debts, that I think, by the Contempt they shew of a little popular Clamour on this occasion, they give Proof of their righteous Intentions, and of a steddy and publick Spirit; and I hope they will be supported in all their honourable Proceedings, in so commendable a Work, which, considering their good Judg_ment, must tend as well to support the Credit and Honour of the Nation, as to pay its Debts.

As to the Injustice of a forc'd Redu_ction of Funds that are not redeemable, I need say no more than to state the Case of any private Person or Corpora_tion, who has made an absolute Sale of an Annuity; whither such a Person can in Justice force his Annuitant to refund Part of the Money already receiv'd, or retrench any Part of his Annuity for the Time to come, or give up his Secu_rity upon Payment of his Original Price? and I desire the Publisher of this learn_ed Journal to apply his Argumentations in this Case, and see how ridiculous they will appear. I suppose this great Lord tells his Annuitant,

That when he made the Bargain, his Ne_cessities were pressing, and consequently the Contract disadvantageous.

That Money, at that Time, was at a higher Interest, because scarcer, and the Hazard of losing it greater; but now he could borrow upon easier Terms; therefore, he must either take back his Money, or rebate a third Part of his Annuity.

That if the Annuitant would not consent to this Rebatement, he should be forc'd to rack his Tenants, or mortgage some Part of his Rents.

That by such a Rebatement, his Tenants would sell their Goods at Market cheaper, of which the Annuitant himself, who common_ly bought of them, would have the Advan_tage; and therefore Interest, as well as Ju_stice, oblig'd him to consent to such a Re_batement.

That he had other Creditors who had not so advantageous a Bargain, as the Annui_tant, and some who had of their own ac_cord disburs'd Money for some of his Predecessors who had no Security at all; that its was highly unjust his Creditors should be up_on an unequal Foot.

That it was well known, that some Year ago, when his Credit was not so good, his Annuitants transfer'd for Two-thirds of the Money, which they now value their Annui_ties at; in short, if they were willing to ac_cept of that Sum, there it was; if not, they might take their Course, he had those about him that would make them all deliver up their Securities.

I think this is the Sum of what is said through 276 Pages of the Journ_alist. If we shift the Scene again, and in Place of this great Lord, substitute a Nation or Body-Politick, the Injustice will be only so much the more flagrant and scandalous, as the Person offending is more conspicuous. The Rules of Right and Wrong are immutable, and will no more bend to the Great than to the Small.

Before I go further, I must take no_tice of the Impropriety of the Word Redemption, in the Sense of the Author. Redemption, or buying-back a Thing, implies a Contract between the Buyer and Seller, where both must act as free Agents: But if one Man forceth an_other to part with his Goods at what Price he pleases, in private Persons it is called Robbery, in Governments, Re_sumption; which Word I will beg leave to use sometimes, instead of the other, as more proper.

P. 250. One of the Author's chief Arguments for the Justice of such a National Resumption, is taken from the Law of God, and the Example of good King Nehemiah; but unfortunately this will prove the Resumption of the Whole, not only to be just, but necessary. The Law of God prohibits the Taking of Usury (by which, among the Jews, was under_stood all manner of Interest) and so, I sup_pose, if the Authors Scheme were pur_su'd, this Law, enforc'd by a short Act of Parliament, would, in Time, resume the Whole, as it doth now a Third. The Example of good King Nehemiah is strongly recommended to his pre_sent Majesty, as worthy of Imitation, and a shrewd Hint given of the Period when such a Total Resumption is to commence, viz. the Seventh or Sabba_tical Year, as the last Act and Deed of the present House of Commons; but, I believe, they are more likely to send the Author to Bethlehem Hospital, than to take his Advice. This Argumenta_tion is so silly, that it hardly deserves an Answer: I only beg leave to observe, That the Resumption of Nehemiah was a Judgment upon the known and estab_lish'd Law of the Country, which pro_hibited taking of Usury; and this De_termination acquiesced in and consent_ed to by the Possessors of these Mort_gages, not a Law ex post facto, to dissolve a lawful Contract. So much for the Theology of the Wednesday_Club.

But I would gladly ask, what he means by Usury, and how he applies it in this Case? Money is like other Commodities; some_times dear, sometimes cheap; according to the Proportion of its Plenty, to its Vent or Demand. If a Person has purchas'd, for a Price specify'd, a certain Quanti_ty of a Commodity from me, when it was dear, would he pay me only according to the Price-Currant, when it is sunk a Third in Value? Let our Author apply that Maxim to common Traffick, and try what Credit it will produce amongst Mankind. The Case of the Annuities is still stronger; for the Price, that is, the Security that entitles a Man to it, is actually paid, and he would have the Government (the Purchaser in this Case) resume a Part back again, because he can now buy the same Commodity cheaper: Indeed, where there is a Clause of Redemption, the Restitution of the Mo_ney is the full Performance of the Con_tract.

P. 252. But, says the Author, Clau_ses of Redemption are plain_ly meant, tho' not express'd. I would gladly have the Author, and his famous Club, publish a Sup_plement to the Statutes, consisting of Clauses in Acts of Parliament, that are meant, but not express'd; and let this new Sort of Law be set up, and I will promise him, not only the Govern_ment Securities, but all others whatso_ever, will sink 20 per Cent in Value. Our Author's Scheme is compos'd of too high-relish'd French Ingredients: The Regent's Method of paying of publick Debts, and Lewis the XIVth's Method of explaining publick Trea_ties; with a small Dash of the Spirit, where the Letter is defective.

There is another Cause that raises the Value of Money in a Loan; the Ha_zard of losing it; in Proportion to which Chance, the whole Value of the Adven_ture is to be calculated. Thus 100l. a Year, payable upon the Contingen_cy of one Person's out-living another, whose Life is equally good, is only to be reckon'd and purchas'd as 50, and only the half of the absolute Value to be payed for it; and when the Propri_etor of such a Reversion comes to be entitled to his 100l. a Year, would it not be highly Unjust to give him only Possession of 50, because his original Price answer'd only to that Sum? From an Analogous Reasoning, all the Dan_gers of the Government, and all the possible Cases of Insolvency, must be reckon'd in to the Account of the Pur_chasers; and it would be full as Un_just in the Government, as in the Sel_ler of the Reversion, to deduct a part of the Sum, in Consideration of its greater Security and Credit, when it is now in better Circumstances. I dare say, had the Purchasers had the least Apprehension of Schemes, such as the Author has set up, the Govern_ment must have paid still double for their Bargains.

But this Redemption will appear more monstrous, if one considers the Cases of Widows, and Orphans, entitled to Annuities by Marriage-Settlements for valuable Considerations; and I de_sire the Author, or any one for him, to unravel the Difficulties of the single Case of Reversions, with any tolerable Justice or Perspicuity.

To alledge, as he does, P. 143. the Smalness of their Number, and conse_quently, that the Injustice is inconsidera_ble, because not extensive, is in effect no better than this: Gentlemen, There is a Necessity for making a Law which will involve a great many Innocent Persons in Sufferings; but you may depend upon it, according to the nicest Calculations, not above 6 per Cent. of you shall be hang'd. As to his other Proposal of distinguishing such Cases of Compassion, I hope the Government will make the Wednesday-Club Commis_sioners of Enquiry for the forfeited Estates of the Annuitants, and apply_ing of such Pr�miums; and I'll pro_mise you they will not change with the Commissioners of the forfeited E_states of the Rebels.

After having prov'd the Author's Scheme of Resumption unjust, I think I need not add, that it is dishonoura_ble; is it not then an unpardonable Presumption in this Journalist, to sup_pose a British Parliament will do, what the greatest Scoundrel would not avow? Refuse to pay a just Debt, break their Faith, violate a solemn Contract: A Parliament compos'd of Persons, that have always made the Supporting of the Funds their Badge of Distinction, from those of the opposite Party, whom they have branded with contrary Sentiments: Will they resume the Nick-names they have given their Antagonists at Elections, and suffer the Tory-Spunge to be thrown in their Teeth by the Populace? Tell it not in Gath. Can he suppose, that this House of Commons has forgot what they told his Majesty two Years ago? That nothing can contribute more towards preser_ving the Credit of the Nation, than a strict Observance of all Parliamentary Engage_ments, which we are firmly resolved upon all Occasions inviolably to maintain.

Can they put such an Interpretation upon his Majesty's Words, recom_mending the Payment of the Publick Debts, as if they signify'd a Resump_tion, when his Majesty told them in express Terms, at their first Session, that nothing can contribute more to the Support of the Credit of the Nation, than a strict Observance of all Parliamentary En_gagements? What Punishment then is due to such Insolence, that can suppose, that the same House of Commons (with Reverence be it spoken) will, like Common Cheats, promise any Thing in their Streights, and when those are over, leave their Creditors the rueful Exerience of their forward Credulity?

This Method of Redemption, in the Au_thor's Sense, if apply'd with the Equality so much pleaded for, will raise a much greater Sum than what is propos'd; for it ought to affect equally all that have made advantageous Bargains with the Government; then, why is it not equal_ly just to repay to the present Proprie_tors of the Forfeited Estates in Ireland their Original Price, as to the Annui_tants? They have both the same Securi_ty, the Faith of an Act of Parliament; only the Landed-Men have made the more advantageous Bargain, for their Purchase is risen to be near double in Value; and the Commissioners for such a Redemption, can as easily value Re_pairs and Improvements as the Extra_ordinary Cases of necessitous Annui_tants. Nay, if the Author pleases, let us carry his Level into another Field, and redeem all the Fee Farm Rents that have been alienated from the Crown at an under Value; and what is infinitely more just still, resume the Exorbitant Grants of the Crown for several Years past; for there is no Pro_portion between him that paid the just Value, and him that paid nothing; between one that has a Parliamentary Security, and one that has none; be_tween those that can spare it, and those that can not: And if they had Parlia_mentary Securities, it is always more just to take back an extravagant Present, than to defraud a fair Cre_ditor.

As an Instance of the Right of Parlia_ments to seize upon private Property, where the Publick Good demands it: It is said, that if the Government had occasion for a Fortification, or a Har_bour, they can oblige the Proprietor to part with the Ground, where they are to build. I answer, not in Justice, without paying him the Value. In_deed, Governments have sometimes li_mited the Price, when the Proprietor was extravagant in his Demands; but there is no Parallel between a Case where the Safety of the Government is immediately concern'd, and one where it is not; where no publick Faith is bro_ken, and where it manifestly is. Besides, such a Power by Acknowledgment belonging to all Governments, all Pro_prietors of Lands, purchase under the Chance of the Exercise of it, as much as under that of a Land-Tax. This leads me to the Case of Necessity that is pleaded.

And here I beg leave to observe, that Necessity set up in Opposition to Justice, is a terrible Plea in the Hands of the Mighty. Necessity may be a Plea for one Man's eating another; and in its full extent, upon some Occasion, might ju_stify the Victualling a Ship with some of the Annuitants, as much as it does now seizing upon their Property.

To state this Case as disadvantage_ously for my self as possible; there are about 40 Millions of Debts, with In_terest above 5 per Cent. of which there are about 21 Millions Annuities; of these Annuities about 10 Millions of 99 Years, and 11 of 32 Years; of the 11 Millions of 32 Years Annuities, there are, I think, 2,400,000l. which are not redeemable; the rest are: But suppose the Debt of 11 Millions of 32 Years Annuities were left as it is, they will all expire, either a Year before the last Period fix'd by the Author, for Payment of publick Debts; or at the time, or three Years after the time. The remainder then is 19 Millions, which is a pretty large Subject for the Frugality of the Government to work upon, and yet it is manifestly practica_ble to pay this Debt off. For an An_nuity of 1 per Cent will pay off a prin_cipal Sum in 33 Years, with Interest at 6 per Cent; and in 35 Years with Interest at 5 per Cent; so that the Sum of 190,000l. will pay off 19 Millions in that time; and 290,000l. will pay off the whole 29 Millions of publick Debt, (exclusive of the Annuities of 99 Years) according to the Author's extra_vagant way of reckoning: But suppose by a settled Condition, (of which we have the happy Prospect under his pre_sent Majesty) and a great Abatement of Annual Expences, the Nation should be able to make some great Payments of the Capital, or raise half a Million a Year; that half Million will pay off the whole 29 Millions in 28 Years, (two Years more than the Author's period) reckoning Interest at 5 per Cent.

As for the 10 Millions of 99 Years Annuities they are no less redeemable than the other Funds; the single Que_stion is, Whether this is to be done at a forc'd Price, or at a Price by fair Con_tract, between the Buyer and Seller? (which I think can only, with proprie_ty of Speech, be call'd Redemption:) For if a private Person can purchase an An_nuity, a Government can; all the diffe_rence between the Case of a volunta_ry, and that of a forc'd Redemption (which I will put at 4 Years purchase) will be 2,788,275l. 17s. and 6d. This I affirm is not a Sum to be put in Ballance with the Honour and Cre_dit of the Nation. It is certainly a very practicable Thing for the Govern_ment to convert those 99 Years An_nuities, into a redeemable Debt; and let them but open a Subscription at any time, with some Advantage to the Annuitants, at the currant Interest of Money at that time, and the Bulk of them will be subscrib'd: And to a Go_vernment that supports its Credit, it will be all one whether the Price of these Annuities be high or low, be_cause they can only rise as the Interest of Money sinks, the latter being the Cause of the former; yea, it will be the Advantage of the Government that they should be high, rather than low, because they can in that case borrow Money at so much a lower Interest, either to buy off those Annuities, or to pay off those other Funds that are redeemable.

I have in these few Hints purposely avoided precise Calculation, for the Reader's ease; and if there be any little Error in the Numbers, it will not break the thread of the Reason_ing.

It is true, the Annuitants, if Parlia_mentary-Contracts are observ'd, must be in a better Condition than the o_ther Creditors of the Government; but to such as find fault with this pro_ceeding, the Government may answer, as the Landlord in the Gospel did to the Murmurers, against his seemingly une_qual Dealing with his Day-Labourers; Friend, I do thee no wrong, didst thou not agree with me for a Penny? take that is thine; is thine Eye evil, because I am good? This may be said for the Annuitants, that those Creditors of the Government who have had their Money upon the Stocks, have had many Opportunities of improving their Capital, and turn_ing it to Advantage, and which the Annuitants have been deprived of; for the loss of which, this new Advantage may be but a reasonable Compensa_tion.

It will not be improper, in this Place, to apply my self to the Landed_Men, and desire them to consider, that tho' this Project of Resumption seems alluring at first Sight; yet it is high_ly probable it may be the Cause of greater Suffering to them, than all the present Advantage they can reap by it; for they stand, in relation to the Government, as a perpetual Security to a Debtor; and whatever false Steps the Debtor makes, the Security must at last pay for it. And if by the Wound which such a forc'd Re_duction gives to publick Credit, the Government, in some future Exigen_cy, should be forc'd to give exorbi_tant Interest, they will feel it more sensibly than they did some Years in the last War, when their Lands sunk several Years Purchase. One Thing is plain, That sinking the Credit in the Government, will naturally hind_er the Lowering of Interest, which is always to their Prejudice.

As to the Necessity of Relieving the People from the heavy Taxes upon which those Annuities are pay_able, it must be consider'd, that ac_cording to the Author's Scheme, ei_ther those Taxes, or Taxes equal in Value to them, must be continu'd for a lesser Term of Years; and it will not be any Hardship to change their Funds, if the Annuitants have an equal Security, and the same Sum as punctually paid.

I have suppos'd hitherto Interest at 5 per Cent; but it is almost certain that Interest will still sink much lower, as the Government pays off its Debts; for what can their Creditors do with their Mony? Keep it by them? That is worse than the lowest Interest. Employ it in Trade? That is pretty much charg'd already: Besides, the Bulk of such Dealers in Mony are unskilful, and timorous in Projects of Trade. Will they carry it Abroad? There they have less Interest, and worse Security. Purchase Land? That will rise in proportion. I cannot see what is possible for them to do, but to lend it back to the Government up_on any Terms. This will appear evi_dent to any one, who considers what the Proprietors of Ten Millions of South-Sea Stock could do with their Mony, if the Government should ten_der it? To be sure they must lend it back at Three per Cent. rather than keep it by them, and all this with the Credit and Honour of the Government; whereas on the contrary, should the Government force the Pro_prietors, by a Law, no Body can tell what Terms they must borrow Mony upon for the future.

These few Hints may serve to prove, that there is not so great a Necessity for so violent an Expedient, which the Greatest will hardly justify. I proceed now to my third Head, which is to shew, That a forc'd Re_duction of the Funds is highly im_politick.

What Value can be set upon the Faith and Honour of a British Parlia_ment? What has carry'd us through two such Terrible and Expensive Wars, as History can hardly parallel? What has sav'd us in the most dangerous Junctures? Nothing but the Opinion of the World, that the British Nation would never violate their Faith: And as this Principle has sav'd us in our past Distresses, it is able to do so in Twenty more: And shall we barter this invaluable Jewel for a paltry Sum of Mony? Must the Generous, Steed that has carry'd the Soldier through Twenty Battles, and may carry him through many more, be knock'd in the Head to save the Ex_pences of Keeping? Can any Man say we shall never have occasion a_gain for National Credit? Perhaps it may be answer'd, if such a Juncture should happen, the propos'd Resum_ption, with the Land and Malt-Tax, will enable the Government to car_ry on any War they may be engaged in afterwards, without being ob_liged to borrow. This is so absurd, that the very Insinuation is enough to Ruin the Publick Credit entirely; for the Surplusses of the Funds, by the Author's Scheme, being engag'd for Payment of the principal Sums, the applying them to the Yearly Service, must put the Proprietors out of all Hopes of ever being reimburs'd, and involve the Nation in insuperable Dif_ficulties; for this is seizing first upon the Interest, and then upon their Prin_cipal. To all this the Author an_swers, with a Never fear: England will always find Mony: Great Pre_miums will always bring it in upon an Exigency. But is it not obvious for a mony'd Man to reason about his Pre_mium, from the Experience of the Reduction of his Interest? 'Tis true, Gentlemen, you allow me such a Rebate now, but when this Difficulty is over, I shall only be paid according to the Sum ad_vanc'd; and be told, That I Prey'd upon the Necessities of the Government. Can a private Man who refuseth to pay a just Debt, ever hope to borow again in his Difficulties? If I grant, that a private Person may, because the Law can compel him to pay if he is able; I am sure a Government never can, because they cannot be compell'd. Cre_dit is compos'd of Ability and Wil_lingness to pay; in Persons under the Power of Laws, there is a Remedy against the Latter; but Unwillingness in a Government, is an infinite Ob_stacle which no force can remove: Therefore, their Faith should be invi_olable, as much as their Power is un_controulable.

If the Government should make the smallest forc'd Rebatement of their Debts, can any Man say where this will stop? Necessity and Convenience are Arbitrary Things, of which every Man judges according to his present Views; but these Points are still more ticklish, when they take the Mony out of one Man's Pocket and put it into another's: In such a Case, few will trust to the Rectitude of Judg_ment, when they have Experience of the Perverseness of Inclinations. Can any Man say to Violence, so far thou shalt go and no further? The Plea of the Resumption-Men, when the Fences of Justice are once broke down, may serve as well for the Whole, as for the Part. Thus it may happen, in process of Time, That as one Sett begins to rub out a Part of the Score with a wet Finger; another (by the Assistance of the same Argumentations) may come at last with their Spunge and rub out the Remainder.

I might, on this Head, appeal to the Experience of Governments which have suffer'd by breaking their Faith in Mony-Contracts, and never could again be trusted in their Exigences. I believe the Examples of the Me_thods that are now practic'd in France and Holland, in relation to publick Funds, do not prove, by their Con_sequences, that they are worthy of Imitation; and I will be bold to aver, That should any new War happen, the Credit of the British Parliament would be of more Advantage to us, than all the Funds they have redeem'd with the Loss of their Credit: Yet it is from the Proceedings of France that the Author seems to have co_pied his Scheme, with this differ_ence, that the Determinations of the French Chambre Ardente, are more equi_table than those which our Author offers to a British Parliament; for no Body will deny that it is more just to make some Individuals, (which by base and indirect Means have over_gorg'd themselves with the Publick Treasure) spew up their unrighteous Gain, than to defalk from the fair Purchasers. I will go further, and affirm, That the Example of our Neighbours is rather an Argument for a contrary Proceeding: And it will be more for the Interest and Glory of Great Britain, after so many Millions spent, to be the only Na_tion of Europe that never broke their Faith; a Proceeding that some time or other may be of infinite Use to the Nation.

I beg Pardon for spending so much Time in proving a self-evident Pro_position, viz. That refusing to pay a just Debt, will sink the Credit of any Person, Body-Corporate or Poli_tick, and that such a one can never, for the future, borrow Mony upon such easy Terms as before: So that the single Question, as to the Point of Expediency of this Method, to_wards obtaining the End propos'd (the Payment of Publick Debts) is this: Whither the Government, by a strict observance of all Parliamentary_Contracts, had not better take the Advantage of the Certainty of Low_ering of Interest, and consequently of borrowing Mony still upon easier and easier Terms, for redeeming the Funds that are redeemable, and contract_ing with the Proprietors of Funds of those that are not, than to pay off their Creditors by a forc'd Redu_ction, with the Prospect of never be_ing trusted for the future? A Politick much like that of the old Woman in the Fable, who ripp'd up the Bel_ly of her Hen that lay'd a golden Egg every Day, in order to find the Mine.

I come now to what I at first call'd, The JOB, which I take to be the Key to the whole Project, of which it is possible the Publisher may be ignorant.

Amongst the List of publick Debts the Author reckons thus: l. Houshold Debts of King William - -600,000:00:00Arrears of the Ar_my, and Debts of the late Queen2,000,000:00:00 2,600,000:00:00

Here I desire the Reader to mark the knavish Way of Stating the last Article: The late Queen's Debts com_pose, with the Arrears of the Army, two Millions; when, perhaps, there are not Fifty thousand Pounds on the first Score, and not near that Sum be_yond what Her Majesty has left Effects to pay: But under this Head are huddled up all old Claims, I suppose, the Hun_dred and thirty thousand Pounds due to the Dutch Regiments, which their Agent never accounted for; a blasted JOB of many Years standing; and God know how many other Things be_sides, which are now Stock-jobbing about Town, and are rose from No_thing to 10 per Cent. Now let any Man judge, when such a Sum of des_perate Debts, (that to the Army ex_cepted,) are brought up, perhaps for 5 per Cent. what Sums may be got? I will be bold to say, here is a Temp_tation too strong for the Vertue even of some former Houses of Commons, or perhaps any less Honest than the Present. To make this Project more palatable, and the Solicitors more nu_merous, all concern'd in these Deben_tures are engag'd in Interest to pro_mote it, and the Annuitants are fall'n upon because they are single Persons, and no Corporation, which is no small Artifice. Vide said Scheme.

Accordingly, mark how the Author lessens the Publick Debts, for Pay_ment of 39,602,043l. 03s. 07d. he immediately raises 42,000,000l. and besides the 42 Millions, a Sum of 62,000l. a Year, which will raise a Million and a half more. A plentiful Field &horfill;

This is plainly the Mystery of the whole Proposal; for I will always lay Gold to Silver, That where there is a Project of Twenty Millions of Publick Profit, and only Twenty Thou_sand of Private Gain, that the Twen_ty Thousand, and not the Twenty Millions, the Private and not the Publick Gain, gave Rise to the Pro_posal.

The Author's Proposal is no more Roguish, than the Methods by which he would bring it about.

In order to make the Annuitants sub_mit to this Redemption, they are threaten'd with a Law of Restitu_tion, p. 134, 135; with being Tax_ed, p. 181; with a Mob, p. 189; and lastly, such Principles advanc'd, as will prove the Necessity of a Lex Agraria; yea, an equal Division of Property throughout the whole King_dom; so hard it is to set Bounds to Injustice.

Lastly, This short Payment, and forc'd Redemption, is to be made with Exchequer-Bills, the Value of which is falsly calculated, from the Premium upon the present Exchequer-Bills; which can be exchang'd, every Moment, for ready Money; when on the contrary, such a new load of Bills must be at a considerable Discount, in proportion to their Increase; especially, when not cir_culated by the Bank.

Upon the whole, the state of the Case as it stands in the Proposal is,

Whether a Parliament will break their Faith, in order to de_faulk two per Cent. from the Annuitants, to give four per Cent. to those who have no Demand upon them at all?

Whether they will pay a Debt twice over?

Whether they will raise the pri_vate Credit of the Crown, upon the Ruin of the Credit of the Na_tion?

Whether it is not more just to pay the private Debts of the late King William, and Queen Anne, out of their Exorbitant Grants, than out of the Estates of the An_nuitants? &horbar

FINIS. &horbar |CEC |Y1720 THE EQUITY OF PARLIAMENTS, AND PUBLICK FAITH, VINDICATED; In ANSWER to the Crisis of Property, And Address'd to the ANNUITANTS. &horbar Multa renascentur qu� jam cecidere, cadentqueQu� nunc sunt in Honore &horfill; &horbar LONDON: Printed for Chr. Coningsby, at the Ink-Bottle against Clifford's-Inn Back Gate, in Fetter-Lane, Fleet-Street. 1720. (Price Six-pence.) THE EQUITY OF PARLIAMENTS, &c.

I Acknowledge my self a Person so retir'd, that the late Pamphlet, Inti_tled, The Crisis, though it treats on the important Subject of Property, might have escaped my Perusal, if it had not come to my Hand by the Penny-Post; per_haps, from some conscientious Senator, to check, and reprove me for having early dis_coursed, and concerned my self on this Subject of the Annuities, and for having promoted the Proposal of the South-Sea Company; I had heard such a Pamphlet was publish'd by the Governour of the Company of Comedians, therefore (as I had also at that time no leisure) I slighted the Pamphlet, and laid it aside, expecting no extraordinary Performance on a Subject of this Nature from a Person so em_ploy'd; but by Chance observing soon after the well-known Name of the Author, I im_mediately read the Treatise.

This second Crisis, in the beginning of it, falls something foul on the ingenious Mr. A. H. because of the Estimate that Gentle_man publish'd of the National Debt, and the Remarks which were subjoin'd to some Cal_culations made in April 1717. This ingenious Gentleman assiduously attends the Service of his Country in Parliament; and at this time, especially, when the publick Debts and Ac_counts lie on the Table, may probably not be at leisure to publish any Thing further on this Subject, though his Words are quoted relating to the Funds; and his Thoughts and Reasoning thereon, openly Arraigned by our Author.

I shall however touch but lightly what_ever respects the Calculation, and Arguments, grounded on the Topick of Profit and Loss; but shall keep to the more exalted Subject of Sir R&horfill;'s Treatise; a Subject sufficiently co_pious (viz.) The Law of Equity! A Law that demands out highest Regard, and strictest Conformity! A Law Sacred, Eternal, and Immutable!

To undertake what relates to the accompt_ing Part, is indeed needless, after having been so well perform'd in the said celebrated Schemes, and Remarks; which have also been Revised, and in some Things amended by the accurate and elaborate Pen of Mr. Crookshanks; but these Schemes relate only to the Exche_quer and Parliamentary Funds.

Sir R&horfill; would instruct us in the more universal Dealings between Merchants, whe_ther of the same, or different Nations, and likewise between sovereign Powers, and their own Subjects, or the Subjects of other Princes. If I should presume to meddle in these Things, Mr. H&horfill; who is rightfully in Possession of this Part of the Subject in Question, may esteem me a Trespasser, and thus I should ha_zard being attacked by both these Champi_ons; each skilful at his Pen! Each a Veteran of such Abilities, that I am very sensible they can do what they please with a Feather; a dangerous Weapon in some Hands! They Combat also both of them under the Buckler, the broad Shield of their Right of Session in the Senate House. I am a naked Man, a weak Opponent; a Shadow when compar'd with the Nestorian Race of the Iron-sides, now an Equestrian House; therefore with due Sub_mission, though without Fear or Despondency, I enter the Lists, relying on that supream Power to which Sir R&horfill; has Appealed; EQUITY is my Guard, and if that can_not defend me, I am sure to be foil'd, and am already disarm'd.

Sir R&horfill; begins with a long Paragraph, which he mentions to be taken out of Mr. Hutchinson's Remarks; and wherein it is said, "That if the Annuitants were to account in Chancery as Mortgagees at 6. per Cent. Inte_rest, after the common Method of making up such Accounts, a large Sum will be due from the Lender to the Borrower even to the amount of 30. per Cent. at that time above Principal and Interest, instead of re_ceiving any Thing further from the Pub_lick. But the Equity of doing this doth not appear to me to be either recommended or asserted by the Author of the Remarks; nei_ther is the Re-purchasing of these Funds any otherwise mentioned, "than as a Matter which had been first opened on the Occasion of a Scheme for Redemption of the Publick Funds, which was made Publick before Mr. H&horfill; publish'd his Schemes. In this long Paragraph it is also mentioned, "That there had been an Attempt the then last Session for obtaining an Act which should have redu_ced the National Interest to 4. per Cent. And in this Paragraph Mr. H&horfill; says further, "That if the Parliament should not be of Opinion to Re-purchase these Annuities, then there would be no need to mention them in any future State of the Publick Debts; but the Nation, in that case, must rest contented until the Expiration of the long Term of Years for which these Annuities (now called the long Annuities) were grant_ed. A melancholly Prospect for a Nation groaning under the Pressure of these Debts! But the Facts are fairly stated; and the Re_marker only further mentions as his Thought, "That if Interest is reduced to 4. per Cent. by Act of Parliament before these Annuities are Re-purchased, or an Agreement made by the Publick for Re-Purchasing them; in such Case, the Value of the Annuities will be in_creased the further Sum of Three Millions and an Half more than they then were, and that the same would be worth about Seven Millions and an Half more than the Money originally advanced; which would raise the value of these Funds to the Sum of Twenty Millions and an Half. This must be what the Guardian of our Property in his Crisis terms Mr. H&horfill; his Opinion; and thereupon he affirms, "That if the Majority of the Ho_nourable House should be of the same Opi_nion, and act accordingly, we may bid Fare_wel to the Wealth, and Honour of Great Britain.

To this, I answer, that if a few Weeks more should demonstrate, that contrary to our Author's Expectation, the Parliament are of Opinion with Mr. H&horfill;, and also are con_vinced, that this Matter can be effectually Remedied without Breach of Publick Faith, or Iniquity in the Legislature (as certainly it may) in such Case, I say, I shall be inclina_ble to mistrust, that Sir R&horfill; has not well Reasoned, nor rightly Computed either with relation to these Schemes, or the Majority of Votes; and if thro' the forward Zeal, and now generous Proposal of the South-Sea Com_pany, we should be so happy as to obtain by the Aid of Parliamentary Equity, the Redemption of the Nation from this, and other heavy Burthens of Publick Debt, such a Conjuncture might justly be stiled the Crisis of Property (the Prospect whereof to our Comfort, appears not very remote) from such Proceedings, I shall conclude quite con_trary to our Author, and from this �RA shall date a prodigious Encrease of our Trade, our Wealth, and our Strength; and in consequence it must follow, that Great Britain will appear in Credit, in Honour and Renown beyond all past Ages. And this Aggregate Fund of the South-Sea, will at length prove in earnest the Spunge of the State; it will suck up, and wipe out, and pay off, all the rest of our old Scores!

But to proceed, Sir R&horfill; in his 7th Page is surpriz'd that Mr. H&horfill; does seem to suppose, that the Borrower is Master of the Lender; and yet they who have been ac_customed to lend Monies, or have observed the Course of Business in Chancery, must have perceived, that the Borrower frequentl_y sets the Lender at Defiance, and will neither repay, nor perform Convenants until compell'd by the slow Methods of Equity; but in the Case before us, the difficulty probably will lie on the contrary side: The Lender, so much extoll'd for the good Friend of the Government, is in danger of appearing the wayward Party; what will Sir R&horfill; be able to say on his behalf, if this forward and adventurous Subject for the Good of the State (as he calls him) shall be found so resty, and obstinate, as neither to lead nor drive, and when left to his free Will and Pleasure to take his Choice, whether he will promote the publick Good, and his own In_terest, by accepting a Sum of Money for his Annuity, which shall bring him in a better Income; or an exchance of his Annuity for another sort of Annuity, which shall bring him in Yearly a larger Sum, and be also rea_dily Saleable for a greater Sum than his An_nuity at the highest would have sold for; yet shall this applauded, good, and generous Subject refuse to do either; but being per_swaded that he is in the Right, and encou_rag'd in it, shall sullenly Hug his Property, though to the Prejudice both of himself and the Publick!

Our Author is a Man of a quick, pene_trating, and active Thought, therefore I shall avoid to swell this Discourse to a length, which is needless, and which my Affairs do not permit, but only to add some Hints which seem not to occur to Sir R&horfill;, and leave him to reflect thereon at his Leisure.

But with his Permission, I shall first for a while address my Discourse directly to the Annuitants, and tell you, Gentlemen, that they who would have Equity, must do Equitably; I am not delivering a Subpœna to bring your Cause into Chancery; but as I presume you are convinced, that the Determinations of that Court are Equitable, I would try your Pre_tensions on this Touch-stone of good Consci_ence, that you your selves, if you can be im_partial, may perceive the too near Resem_blance.

I shall say nothing of the Bristol Bar_gain, because in that Practice, the Principal was receiv'd in Parcels, together with Inte_rest: But you, Gentlemen, after all the exor_bitant Gain of some of you hitherto by the 9. per Cent. and 14. per Cent &c. are intended and desired to receive Back your Principal, not only intire, but with as vast encrease thereof, as those who speak for you pretend now to insist on, (if they are steady to any Thing, and do not rise more and more in their Demands as Concessions are made;) there_fore, I say, your Bargain is yet worse, (that is,) more Extortionous, much more destru_ctive to the Publick, the Borrower, than the Bristol Bargain, or than what the French call Le fond perdu, which Method was once at_tempted here, but our English Parliament did declare their dislike by rejecting that Offer.

I own you are not to be dealt with as Mortgagees, yet your Case differs not so much in Point of Conscience from some of theirs, as your Advocate would represent; for he that Lends on a Mortgage, runs the Hazard of the Title, and of Incumbrances, &c. as much or more than you; and since you are Lenders, consider a little, I pray you, the Proceedings of the Court of Chancery, and what Relief is given against Contracts and Convenants that relate to Interest on Mortgages, and to Re_demption.

A Person lends Money at 5. per Cent. when six was not against Law, and might easily be had; the Borrower had also a Flaw in his Title, (but I shall wave that Matter.) The Borrower agrees to pay Interest Half_yearly, and Covenants, that if no part of the Interest of two Half-years together should be paid at the end of the Year, or within one Month after at the furthest, that then, and from thenceforth, such Year's Interest (where_of no part had been paid) should be deemed Principal, and from thenceforth should carry Interest: The Interest amounted to 400l. Half-yearly, yet no part of the Interest was paid within the first 13. Months; a second 13. Months incurr'd, yet not one Penny paid of the Interest: The Lender being now dissatis_fy'd, apply'd to Equity; a third Year in_curr'd, during the Proceedings, and when the seventh Half-year was past, and not one Penny of the Interest paid, this Matter receiv'd a Determination, viz. that the Lender should be repaid his Principal, with three Years and a Half's Interest at 5. per Cent. without any Addition thereto.

Should I suppose my self in this Case to have been the Lender, yet I would not complain; if I should use Invectives, the Great Man who gave this Determination, is, I believe, as well able to justify his Opinion now, as he was then to support his Autho_rity.

One other Case you may permit me to tell you; the Borrower had contracted to pay 5. per Cent. Interest, but covenanted, that if at any time two Half-year's Interest together should be behind, and no part thereof paid within one Month after the end of the Year, that then, and in such Case, the Borrower would allow and pay after the Rate of 6. per Cent Interest for such Year, (6. per Cent. be_ing then legal In_terest.) One Year and a Half passed, and no Interest was paid, nor could the Borrower be prevailed with to repay the principal Money with barely 5. per Cent. Interest; hereupon Equity was apply'd to, but after much Time and Money spent on this Matter, the Lender was allowed no more than barely his Principal with 5. per Cent. though his Matter was complicated with a Circumstance, which some eminent Practicers did agree, render'd it a hard Judgement. The Lender, in this last Case, was only an Assignee; the first Lender had the same Covenant for 6. per Cent. and the Interest in his time being ran far behind when the Mortgage was as_signed, (which was done with the consent, and at the earnest Request of the Borrower,) this first Lender was actually paid after the Rate of 6. per Cent. (according to the Con_tract and Covenants) for two Years, which were then behind, and due to him; yet (af_ter a further two Years and an Half's for_bearance, and much longer before this Mat_ter receiv'd a Determination) the Assignee was allowed only 5. per Cent. Interest; had this happen'd to me, it would certainly have in_clined me to have placed for the future my little Cash entirely in the Funds; but it hath been my Fate to know also, that bad Titles are to be met with by Mortgagees; for these Reasons I gladly accept the same Interest on the Funds, as before on a Mortgage, and now I have Quiet, and can fully depend on re_ceiving the Interest duly; however, your Ad_vocate will have it, that YOU Annuitants have extraordinary Merits, and are not in the Condition of other Subjects; I shall there_fore, without Exaggerating, tell you what I know of this Matter.

It was once my good Luck to get Admit_tance at the Exchequer by Proxy, to subscribe for an Annuity, upon which Subscription, in little more than a Fortnight, I gained, at least, 800l. above Principal and Interest by the Sale thereof at the Price then Current, and which Price was daily advancing; this was done during the Winter; there was no Battle fought, nor any Treaty of Peace on Foot; and yet your Advocate doth assert such Gain to be Meritorious; but as most of you at this time may be only Assignees of the first Annui_tants, and know little of the true Circum_stances of these Transactions; I beseech you not to be too far misled by the insinuating and plausible Arguments, and the florid Dis_courses of your Advocate, but permit me, without offence, to represent your Case in a truer Light.

The Views, and bewitching Prospect of excessive Gain, were such, when some An_nuities were subscrib'd for, that they well deserve to be remembred on this Occasion; sometimes Books were laid open, wherein the Subscriptions were immediately fill'd up, before sufficient Authority was given for laying open such Books; and when the Parliament, and the Exchequer had given the Authority and necessary Directions for doing it, (if the ill Consequences of these Sub_scriptions did not avert one's Mind from making sport with the Matter,) I should be apt to say, Spectatum admissi risum teneatis? How many Wealthy Citizens with their Agents? How many decrepid Usurers were crowding by break of Day to get in for_most on the first Opening? How many sat up all Night with their Bills and Notes in hand, or Luggage of Bags, brib'd the Door-keeper for Admission? And by this Means, some of these brave Warriors of the forlorn Hope, had opportunity of doing themselves the Honour within this Field of Battle, to lie all Night upon their Arms! These, and such like, as I have heard, were the true Circumstances attending some of these Subscriptions; and as for those whom your Advocate calls good Citizens and Patriots; they and their Agents (a few excepted) cannot justly be supposed to have acted thus only out of their abundant Affection for the Good and Safety of the State; it may, I think, with much more Justice be suspected, that many of them deserved rather the Name of Parricides, seeking to gorge themselves with the En_trails of their Country, at that time re_quiring their more compassionate Assistance; the Oppression and Artifice at such times as these cruelly practised, might justly be_fore now have deserved a Redress from Pub_lick Equity, if the Publick were inclinable to exercise the Summum jus, which your Ad_vocate pretends to fear. How excusable this would be in the present Parliament, if there were any Necessity for it, and they were disposed to act thus, will plainer appear, if you permit me the Liberty to assert, that sometimes there was in Fact somewhat of Ex_tortion, and want of Equity in many of those who lent their Money, and wrested these An_nuities from the hands of those who would have managed better for the Publick, if they had been at Liberty to have acted for the best; but too many among the Law-makers, and others then in Power, imposed these Bargains on the Publick, and were upon the Matter too near a-kin, being many of them both the Lender and the Borrower; that my Assertion herein, may not be represented to be groundless or partial, it is necessary to pro_ceed a little farther in stating what I know relating to this Matter, to the Honour of a Worthy and indefatigable Servant of the State, in Matters of this Nature; I stept sometimes out of the Court of Chancery to discourse with this Gentleman, proud of the Liberty he gave me in being admitted to do so; after I had twice urged him with Arguments against granting Annuities, he seem'd to be displeased, as if I reproach'd him and others who influ_enced these Things as Persons managing ill for the Publick; whether Mr L&horfill;ds can recollect this Discourse, I know not, but I very well remember, that at length it was an_swer'd me with some Resentment; "I don't want for Arguments to convince me that these Annuities are not the best Method of Raising the Supply; but what can we do? They will not be quiet without them!" And by the Tendency of this Discourse, I con_ceiv'd, (as I do not doubt but that it was true in Fact) too many of the Parliament, the Officers of the Exchequer, and the great Corporations in London, were the chief Subscri_bers to these Annuities; and in short, either I mistook him, or this Gentleman's Words did imply, that, at this time, it was chiefly the Members of Parliament themselves that were bent upon Raising the Money this way.

But let us come yet closer in this Matter; for though I have not any Annuity in Posses_sion, I must own, Gentlemen, nos inter nos, that I have some Reversions; and do think that this were better to be discoursed among our selves, than to be thus exposed and pub_lish'd Abroad.

The Members of this present Parliament will not easily be perswaded, that when your long Annuities were subscribed for, and pur_chased at very low Rates, the Government really was at that time in such imminent Dan_ger as is pretented; or that there was any sudden Hazard, and probable Loss foreseen: In Times of Danger, the Thoughts of Men are apt to be most quick and cautious; and who that had realy seen such Dangers at Hand, would have made this Choice; (the Purchasers might then have had almost what they would;) and certainly upon imminent Danger, or visible Hazard, an exorbitant In_terest for a short Term had been much better and safer; and it will scarcely be believed, that where a Man can see that the Title is dangerous, he would, notwithstanding, make Choice of a Lease for so long a Term as Ninety-nine Years, and guard himself also against the Right of Redemp_tion.

If you, Gentlemen, are true Friends of the Government, and Lovers of your Country, you have now an opportunity of shewing it, and of serving your selves also, by assisting chearfully to set open the Gates of Redemption.

The South-Sea Company's Proposal has raised your Annuities three or four Years purchase; if you like not to deal with them, it is probable, however, that so many Others will be desirous, as shall serve during this Transaction, to keep up the Price of your Annuities; if you as a scatter'd Body do su_spect hard Usage from a powerful Corporati_on, your Access to the House of Commons is as easy as theirs; but if you endeavour to urge Things too far, I wish you to look back to the Case I have cited, where the Borrower himself allowed to the first Mortgagee, what the Court of Equity denied to his Assignee; yet I mistrust not the Favour of a British Par_liament towards you, while you seek not to oppose that great and good Work which they have encourag'd.

In setting a value on your Annuities, you'll consider that your 10l. per Annum will be in your own Hands a fixed Sum, and dead Weight on the Government; but if subscribed into the South-Sea, or purchased by them, it will after Midsummer 1727, begin to move off briskly, and will then be to them, and to the Government but 8l. per Annum; you'll consider also, that the Stock of the said Com_pany, may, and doth advance much faster, and higher in the Price, than your Annuities; and that their Dividend may be also greatly enlarged; but Yours as an Annuity with you will remain the same; these Things should chiefly incline you to set a higher or lower Value on the one, and the other, ac_cording as your own Reason, or better Advice shall direct you; but for you to apply to Parliament to fix a Price, (as some have discoursed, you do intend to do,) that you may be certain of Admission into the South_Sea Stock at that Price, this will be difficult to adjust, because of the greater Variation in the Price of their Stock; and if this were now fixed, the South-Sea Corporation would not be willing to be long tied down to such fixed Prices; nor can it be expected of them, while you remain still at Liberty to sell, or not, and to subscribe into them, or not, at your Pleasure! But this is not my Business; you among your selves will find out the Ways and Means for setling all Things to mutual Satisfaction; but what is part of my Business while I am Writing this, is to dis_swade from such Thoughts and Attempts as may prove the Ruin of many of your selves, and Families; I would apply this, not only to the Annuitants, but to all such other Per_sons as may be inclined, or drawn in to en_deavour to run down the Price of South-Sea Stock; or under a Notion of setting a cer_tain Price, or Value on this Stock, such a Price as is not in the least probable, (accor_ding to common Methods, and the Course of other Things,) it should exceed; and depend_ing on such like Notions, are eager to sell this Stock at time for higher Prices, esteem_ing the Gain this way, as good as certain; or by taking large Premiums, or earnest Mo_ney, to deliver this Stock at three Months, six Months, or twelve Months after, at a fixed high Price; as suppose it be 150, 200, 250, &c. per Cent. Some also venture to sell this Stock when they have none; or do sell ten Times more than they have, or are able to make good upon a sudden Rise; such Notions and Practices, I say, may be the Ruin of many Families, and it is chiefly to caution against, and to use my endeavour to prevent this approaching and spreading Evil that I have taken Pen in Hand, and re_solved to publish these Sheets, great Mis_chief hath often befallen those who have used these Ways in other Stocks, but certain_ly it will be found more dangerous and fatal in this Stock of the South-Sea Company. The shallow Waters are more proper for the Fry, and smaller sized Fish; Men of great Estates may bear with Losses this way, as well as by other ways of Gaming; but for a light Purse there is not any Game more Fatal.

The Enlarging the South-Sea Capital, and the Consequences thereof, as to the Ministry and the State, is a Production worthy of the Genius of Great Britain; but as to Men of mean Estate, it is, Monstrum horrendum, in_forme ingens. &horfill; You Gentlemen may have heard of Scylla, and Charibdis; of �tna, and Vesuvius; but here &horfill; depend on't &horfill; there are Mountains, and Rocks more stupendious; and by far more tremendous Gulphs! Beware then! Launch not out in Fly-boats beyond your Knowledge into this vast Abyss of Southern Seas: I fear not a Chaos of Confusion, or a second DELUGE, but do fully expect that the next Age in speaking of this, will use the words of Ovid &horfill; Omnia PONTUS erat!

But I am to ask Pardon of Sir R&horfill;, and expect it from his 10th Page, where he pro_mises to have Patience; and to deserve this at his Hands, I shall proceed to give him those Hints I promised, viz. That in many Cases, Equity is exerted, where Persons out of Wilfulness do prevent their own Benefit, as well as the Publick Good.

There are Men that will not suffer their boggy Land to be drained; others, such Lo_vers of Liberty and the Commonwealth, that they will not suffer Wasts, Heaths, or com_monable Grounds to be inclosed, though they might thereby become Owners of a Propor_tion in severalty; but in such Cases Equity Over-rules; in time of Danger by Fire, Houses are pull'd down, or blown up, for the Pub_lick Good, though against the Will of the Owners; also to preserve the Town, the Suburbs are frequently burnt or demolish'd; even the Town is destroy'd to preserve the Citadel. A Person in Danger of immerging through the Weight, or Force of another, may even destroy the other to preserve himself; and a Thousand such like Instances might be given.

As to our Author's 14th Page towards the latter part, and in the beginning of the 21st Page, I am willing to suppose some Error of the Press; especially where it is said, that the Borrower ought not to intermeddle with what is Lent, but by the Command or Ap_plication of the Lender; this, I suppose, should have been the Security for what is Lent, which the Borrower is not to meddle with; (because this moves from the Borrower, and passeth to the Lender) for if it were meerly the Thing lent, (as suppose it to be Money lent, which the Borrower is not to in_termeddle with,) in such Case, if our Author will be so Equitable towards me, as to per_mit me for a while to intermeddle with, and borrow some of his Expressions, and to use, and apply them only for the present, as I think proper, in such Case, I would say, that this seems something like what he calls a Chimera, or Crudity; for at this Rate, his Lend_er would really be an Oppressor, and his Borrower a Bubble; and thus these Terms might be Synonimous, if not convertible; and our Author would have proved what he is not willing to own, (viz.) that his Lender not only had, but still hath too much Command over the Borrower.

After the like manner, his Treatise ~~may~~ Endeavours to prove, that the Nation, the Parliament, and in Consequence their Assignee the South-Sea Company (if they prevail) will become Bank_rupt by paying their Debts at 20s. in the Pound; if so, the higher their Composition shall be, the greater (our Author may say) is the Bankruptcy, and thus, indeed, our Case will be very desperate; for 'tis more than probable, that such of the long Annuities as shall come-in timely, may receive by the South-Sea Stock from 200. to 300. per Cent. for what they Originaly paid; but while no_thing worse than this is intended towards them, if there should be sufficient Occasion given, summo Jure agere, and that a little of the duritia Juris should be necessary, (some_thing of wholesome Severity, to help to bring in, and to open the Eyes of such who shall blindly mistake their own Interest, and wil_fully oppose the Publick Good,) what loud Complaints will Sir R&horfill; make?

As the ~~Annuitants~~ Annuities are Tax-free, and the Proprietors have already been told, that they are exempt from any NEW Direction, they may also be told, that they are Optimo Jure Pr�dia, a new sort of Freehold; and thus those especially who have Annuities for Life, or Lives, may be animated, and induced to think themselves sufficiently Entitled to a Right of Voting at Elections for Members of Parliament, and if they would be thus hardy, who should be their Representative? &horfill;

But I must neither advance too far into Sir R&horfill;'s Province, nor quite forget our Au_thor, &horfill; it is he that will dictate in the Se_nate; if he does this after the manner he has promis'd us in his 28th Page, were it not better that he would forbear it? I shall not presume to propose any Thing to that August Assembly, and if I take the Liberty of incerting here my Thoughts; it will be very ob_liging if they escape the Descants as well as the Railery of Sir R&horfill;, who, perhaps, for the present, is too much exasperated; but I must expect the Cavils and various Reflections of the many- minded Multitude, the incertum Vulgus, of whom there is scarce any Thing certain, but this, Quod scindet in contraria; I use Latin, that they may not know what I mean, for they censure, and condemn what comes within their Knowledge, but are apt to admire what they do not understand; however, I shall freely expose my self to their Mercy, in Hopes that from my Thought im_prov'd, somewhat may arise which may tend to the Advantage and Service of the Publick.

We have not, God be thanked, at this time, any urgent Motives that should prevail with us to buy Foreign Gold too dear; and to let other Nations into that great Gain they propose to make by the Rise of the South-Sea Stock, upon the Enlargement of their Capital; for which they are watching, and as it is said, are already preparing to catch the Op_portunity so soon as a Bill in Parliament shall be ready to pass; or, perhaps, only brought into the House for this purpose; if, therefore, at once, and as it were in an Instant, (before it can be known Abroad, and Commissi_ons sent hither,) the Stock of the prevailing Company should be advanced to near that Price which it ought to have, and may rea_sonably bear, the Annuitants hereby would be silenc'd, or Petition for Admittance; much of the Chicane, and Juggle of our Quincam_pois will be avoided, and the Publick, may obstruct, and very much prevent that Gain, which other Kingdoms, and States propose to make (to our Loss) on this Occasion; the French Nation are now too late strugling with many Difficulties for want of timely Manage_ment, with regard hereunto; yet this, it is likely, has not arisen so much from any Over-sight, or Defect in the Schemes of that enterprizing Genius, who hath the chief Di_rection, or of others with whom he must Con_cert; but thro' an over-ruling Self-Interest, on account of the vast Gain to be privately made by the many Turns and Vibrations his Projects would admit of; which it should not be supposed that he did not foresee, or failed to concert his Measures accordingly; a Profit, and Gain capable of being so Im_mense, that, whatever the French Nation in general may suffer thereby, if the private Gain hath really been such, and so great as it may reasonably be imagined, the Effects thereof may too soon be such, as may prevent it's remaining long a Secret to the rest of Eu_rope; but my Pen hath already let fall too much Ink on this Subject; and, I fear, that what I have here only touched, may rather be taken for a Blot, than accepted as it is in_tended by me.

This, however, may be repeated, that it would be greatly to our Advantage, by some timely, and proper Means to prevent other Countries from sharing too much, and car_rying away the Profit of that Advance of our Publick Securities, which seems to be at Hand; and the due Precaution herein, is more absolutely necessary, because our happy Constitution does not admit a Reliance on such Artifices, and After-Games, as in France are easy to be concerted, and may as suddenly be put in Practice.

In stating, and arguing the Case of the Annuitants, there appears so little Occasion for introducing the Silesia Loan, and so much less for mentioning the Equivalent allowed to Scotland, and also the English Grants; that some take Umbrage, and fancy there was not any good Reason for picking out these Instances.

But if the Question is to turn upon the Equity, and Power of Parliaments, it will be answer'd by only stating the Question right_ly; the Nation by a long and expensive War, is highly incumbred, and grievously Oppres_sed with many heavy Debts; the greatest, the most encreasing, the longest continuing, and the most obnoxious Debt is the Annuities; in short, the way thro' these Annuities is the on_ly Right, and ready Road thro' which the Government must pass to ease the Nati_on of the Burthen of all the rest of these Debts; Now, whether you will have the Government to Travel by Land, or by Wa_ter, it will be the same; if the Highway is such as is dangerous to Travellers, and can_not otherwise be amended, there must be an Act of Parliament; and (giving Satisfaction to the Owners,) whatever is needful in such Cases must be done; Gates, Bars, Hedges, and all Obstructions may be removed; and new Gates, new Bars, and Turnpikes erect_ed; and none may pass to buy, or sell, for the future, but by this new Road, and ac_cording to new Directions; also Penalties, Levies, and Tolls may be appointed for maintaining this new Highway; and, in like manner, for the Publick Benefit, Rivers are made Navigable; any Man's Lands are cut through, though against the Will of the Owner; and Goats, Sluices, Hatches, and Flood-Gates are erected; and must be main_tained by the Owners of such Lands.

But let us suppose that many should take Offence, and in Opposition to these necessary, profitable, and publick Works, would act as Rioters, or Lunaticks; and that such a Number of Persons should act thus, that no other Pow_er but Parliament would undertake to meddle with them; would their Number, or the fear of their Resentment, awe the Senate, and prevent them from being used like other Lu_naticks, who would mischief either them_selves, or others? But, here, as to the An_nuitants, it is said, the Senate hath promis'd not to interpose, or use their Authority; and hath Enacted, that the Annuitants shall not be in the same Condition as other Subjects, but during Ninety-nine Years shall be exempt from any new Direction; in this Case, if there were any Court of Equity above the Power of Parliament, there would naturally lie an Appeal to such higher Power; but there being none such, is the reason why the Parliament wherein this was Enacted, is lia_ble to be controul'd, and over-ruled by the Power of a future Parliament; for in the Nature, and Constitution of the British Legi_slature, there is a tacit and indefezible Equity reserved, by Virtue whereof (as the Occasion of private, or publick Good shall require it) Acts of Parliament are, and will be explain_ed, or amended; continued, or suffered to expire; repealed, revived, revoked, or an_nulled: As I may appeal from the Judgment of Sir R&horfill; the last Month, to the Judgment of Sir R&horfill; better adviced this Month!

But in his 12th and 13th Pages, our Au_thor mentions the Insurance of Ships as a pa_rallel Case to this of the Annuitants; and defies any Man breathing to shew a juster Comparison; hereon he throws down his Gauntlet; and who shall dare to take it up? Sir R&horfill; is not a Man of Straw; No! no! His Legs, his Arms, and his Sides are of Iron; his Countenance is terrible in Battle; though he can demolish a stong Fortress with a Goose Quill, yet the Staff of his Spear is like a Weaver's Beam; the Head thereof is of polish'd Steel, well pointed, and the Weight six Hundred Shekels.

In this Matter I shall only have Recourse to A. B. C. and least this Goliah of the Phi_listines should be offended, and think this to be only flinging of Stones at him, I refer it to the Gentlemen of the Inner-Temple, whe_ther these are not lawful Weapons in put_ting of Cases; others have much more Art in the Use of them; but I went for some Years to School in their Society, and very often to the Grande Sale d'Armes in the Parish of St Margaret's, near the Collegiate-Church of St. Peter's of Westminster, where I learned from those expert Masters, the Lord S&horfill;, Sir N&horfill; W&horfill;, the Lord C&horfill;, the Lord H&horfill;, and Earl C&horfill;, all right well skilled in the High and Honourable Science.

To state this Case of Insurance plainly, we must suppose, that Sir R&horfill;'s Ship or Vessel was a very large first Rate; A HUGE one indeed! Almost as big as any Island in Europe; not quite so big as Great Britain, but about the size of the Kingdom of Eng_land. A. is the Master, or Captain of this Ship, B. represents the Lieutenant, the Chaplain, the Purser, the Cockson, the Master-Gunner, the Boatswain, the Cock, the Mates, and all the Midshipmen; C. represents the common Sai_lors, the Swabbers, the rest of the Ship's Crew, and all the Passengers; a prodigious Number! This huge Ship has not only all these Men on Board her, but also has a Cargo equal to the Goods and Effects of all the People of England. A. was himself on Board, and had large Effects of his own. B. was on Board with all his Effects, and the like of C; We are also to note, that C. represents almost all those who were them_selves to be insured. Now, is it reasonable to suppose, that B. and C. would agree to give a very high Premium for Insuring this Ves_sel to any who had themselves a large share in the Cargo, and were themselves on Board, and to go the same Voyage, unless there was something Extraordinary in the Matter? Which some, I say, did think, was this, that B. and C. who were to fix and settle the Rate of the Insurance, were sometimes willing the same should be very much to the Advan_tage of the Insurers; and having themselves the Liberty of writing first, they at those times subscribed very liberally, and after_wards parcelled out to the generality, on worser Terms, the greatest Part of their Subscriptions; more Words need not be be_stowed on this Matter; 'tis plain enough how unlike it is to the common Case of In_surance.

I confess, that as to Publick Credit and Parliamentary Faith relating to Property, (if it were really in Question,) it would be very dangerous to make any Alteration without Consent of Parties; but is not Consent im_plied in whatever is Enacted? And if the Terms were to be abated, or any way altered, must not this be done by the Wisdom of the Nation on a Rehearing upon the Equity reser_ved? And shall it be gain-sayed, that it is for the Publick Good, or that it hath the Con_sent of Parties? I shall always acknowledge That to be Lawful and Right, which Parlia_ment shall do; for, I well hope, that they ne_ver will do any Thing but because it is Law_ful and Right! But Sir R&horfill;, who hath a Right to Debate this within Doors, hath more Jealousies than others, and in six Pages more hath lost his Temper, and forgets that the Question will turn upon this, whether what is now doing, is Evil, or Not. If the Parlia_ment should do it, it is an Estoppel to me to say that it is Evil; I submit my Notions to what is done by the Legislature, and believe it will be for the Publick Good, and do assert Salus Populi suprema Lex! But Appealing from the Senate to the People, is pre-judging the Cause, and censuring the Proceedings; why then hath Sir R&horfill; Recourse from the Wisdom of the Senate, to the Passions and Ignorance of the People, unless he could sup_port by just and unanswerable Arguments, that, Vox Populi est Vox Dei. If the Matter should require a Decision in the Senate, (which there appears not yet any sufficient Occasion for;) why must we admit, that the Annuitants either were, or will be Over_power'd? If there were much Danger when they Lent, the less Power the then Parlia_ment had over them, for in Times of Publick Danger, the Power is in the Purse; the Soldier owns this Power when he tells us, Point d' argent, point de suise; and if that High, and Sacred Order might be mentioned, who exert their Power beyond the reach of the Sword, or the Bounds of this World, I would use only this English Adage, No Penny, no Paternoster; but certainly in this nice Affair, there is nothing of Force, or Power intended to be used, or any Terms to be im_posed; but the Honourable House may find Ways and Means to preserve Property, that are not to be found in Tully, Pliny, Livy, or Plutarch, or in any of Sir R&horfill;'s School-Fel_lows; though I have lately been assured, that in the Matter of Accounts (especially such as should be rendered to the People,) there is not now remaining in any Kingdom in Europe, any Method to compare with what was in use among the Romans while they preserv'd their Liberty; and refer Sir R&horfill; to Mr. T&horfill; W&horfill;, F. R. S. for further Satisfaction in this Mat_ter, who hath promis'd to oblige the World with a Treatise on this Subject, and from his Collections out of old Roman Authors, to teach us a better Method of Accounting.

I should have as little Temper as any Man, if it did appear, that any Wrong would be done to the Annuitants! I will even admit, that Annuities are ne_cessary, and the only Estate proper for some Persons; but such Persons may sell to the South-Sea Company at a high Price, and buy again much cheaper of the York Build_ing's Company; and with them, the An_nuities will be secured on the Lands they have, and shall Purchase. I grant also, that some few of the long Annuities were sub_scribed at times of Danger, and that such of these as remain still in the Hand of the Subscribers, or have never been Sold, do deserve a particular Regard: But still, I say, that our Author's Arguments, when strip'd of pompous Words, are bare Asser_tions, and are mostly so ill-grounded, as can neither convince me, nor any other, (who in earnest does with the National Debt fair_ly, and soon discharg'd,) that the Annuitants in general do merit his Encomiums, though he pleads for them with the Firmness of Mutius; if they were really such Lovers of, and Champions for their Country, where among them are the Decii? Who is now the Curtius? If it be true, that our consum_mate General hath left them; I mean, the British Hero always Victorious; but Sir R&horfill; meets with such noble Examples in Roman History, that by his 28th Page it is plain, that 'tis a very hard Matter for any Man, while in the Ministry, to please him. When I once complained as he does, I was told, that even Churchmen, were Men; Statesmen, were only Men emminent in the State; Parliament Men, but Men in the Parliament; and that the best of Men, were but Men at best!

Having received much Delight, and Sa_tisfaction from several of Sir R&horfill;'s Perfor_mances, I will say nothing to the Virulency, and Invectives in the close of his Pamphlet, only this, that I wish they were not to be found in it; when I read them, I was sur_priz'd to find a Person so versed in Schola_stick Authors, practice so contrary to the No_tions we imbibe from them in our Youth. Adde quod ingenuas dedicisse fideliter artes Emollet Mores, nec sinet esse Feros.

This manner of swelling Pamphlets with Invectives, and Complaints, brings to my Re_membrance what I heard from the late Speaker Sir T. Littleton; he happen'd to have in his Coach some Ladies, whereof One at every Shock of the Perch, or unequitable Motion of a Wheel, was ready to scream, and squeal aloud; Sir Tho_mas grew very uneasy, lest the Lady should fright her self into Fits, but her Neice said, "Don't be concern'd Sir Thomas, my Aunt is not more afraid than others; she commonly does thus; she hath an agreeable Voice, and thinks this squeal_ing becomes her!"

When some of these Annuities were granted, (if the Facts were as herein before_mentioned,) I should be apt to think, (though I will never say it,) that, the Terms of, and in such Annuities, were voted, not Virtute but colore Officii! Had there been such Instances under a French Government, where Quod principi placuit Legis habet vigorem, we should long ago have heard their ultima Ratio, and the Equity of their last Resort---- &horfill; Tel est Nostre Plaisir.

But while the Realms are Bless'd with such a King, and we have such a Ministry, I shall not mistrust, that this Nation will either do, or suffer any publick Wrong.

5th of February, 1719-20.

FINIS. |CEC |Y1731 An Humble PROPOSAL FOR THE Increase of our Home TRADE, AND A Defence to GIBRALTAR: BEING A better security for all our Shipping that Trades in the Straights, and entirely checks and restrains the growth of Highway-men, Foot-pads, House-breakers, Shop-lifters, Horse-stealers, Incendiaries and Others, that are guilty of enormous Crimes; rendering them useful, that in case of a War, it will be above a Hundred Thousand a Year in this Kingdoms way. &horbar By JOSEPH DAVIES.s &horbar

Picture of a ship &horbar LONDON: Printed for the AUTHOR, 1731.

Fold-out map of Gibraltar By Joseph Davies of Chester

The PREFACE. Courteous READER,

FOllowing the Custom of other Writers, I have made a small Porch to my humble Proposal, where I beg Leave to shelter myself from any impending Storms, as first from those Gentle_men who may contemn my honest Studies for a Publick Good, because it comes from a Person of so mean an Appearance, and not of some Rank or Distinction, whose very Name fix'd to it wou'd have given it Authority, and a general Accep_tance. And to those who through Education, or Party Perswasion, or Interest, or other private Reasons, may be of a different Opinion, that this was not done to affront them, or to oppose their Humours; no, my chief Design is the Reasons offer'd for a National Service. And to those who I seem to level at, I next apply myself to.

And these, through their misguided Wills, may draw down their heavy Displeasure upon me, which I dread more falling into their Hands, then I do Boras's Blasts, or Neptune's Salt Waves; tho' I am offering nothing but what may tend to the reforming of their Lives and Manners; and as the Physick may not be Toothsome, it may prove Good and Wholesome both to Soul and Body; and it has made my Heart Bleed to see and hear of so many Youths cut off before they come to their thinking Age, and Tran_sportation is but a Bubble, and some of them knows the Se_cret; but sending them to Gibralter, being a middle Way, whereby Justice will be satisfied, the Offender punish'd, their old Hopes dissappointed of coming back at Pleasure, Mony saved, and honest People may Travel more safely, and abundance of Ships preserved, Trade better secured, the Nation become more formidable, and His Majesty's Reign made to shine greater then any of His Predecessors.

An Humble PROPOSAL, &c.

It is most humbly propos'd,

THAT if his Majesty and the Nation will be pleas'd to allow of a few Gallies to be built at, or sent to Gibralter and Port-Mahone, to be man'd with Convicts, such as are cast for Transportation. The bare Apprehension of being made a Galley-Slave, will strike such a Terror into the Minds of those vile People; viz. Highwaymen, Foot-pads, House_breakers, Shop-lifters, Pick-pockets, Horse-stealers, In_cendiaries and others, that are guilty of enormous Crimes, who like Locusts swarm in our Roads and Streets, and in_fects all Places to such a degree, that honest People are not safe, either at Home or Abroad; but when these Peo_ple shall know to their dread, that instead of Transporta_tion, they shall be sent to row in Gallies, or other Labour, without any hopes of Freedom till their Sentence is expi_red, it will certainly put a stop to Thieving and Villany, for it will cause such a Terror upon their Minds, of the Rigour, that those Paterroons, or Officers of the Gallies, exercises over those unfortunate People, who for the Pu_nishment of their Crimes are thus dealt with, and could not be restrained by any milder Methods.

This with all humble Submission, seems a far better way then to take away the Lives of so many hale young Men, who perhaps never saw Twenty, and had been well educated, and of honest Parents, being cut of before they have liv'd out half their Days.

That by this Proposal they may be saved, and brought to a sense of their past Follies, in following of an extrava_gant vicious course of Life. And may be the happy means to convince them and others of the real Advantages of an honest sober way of living, that they may become service_able to their Country in their several Trades and Capa_cities. But as they have by their repeated Robberies, and other Villainies wrong'd the Nation in general, they may be made use of for a National Service, which in some measure may attone for the Mischiefs they have done, in the course of their past Lives.

And I shall further offer, that by sending of these Con_victs to our Plantations and Collonies, it is only a mock upon the Nation, for we find by woful Experience that it does not answer the good Purpose, for which the Tran_sportation Law was enacted; for it does not lessen the Number of Thieves, or put a stop to exorbitant Tem_pers of these vile People; for the change of the Climate makes no Alterations either in their Manners or Morals, for wicked they was and so they continue. And learns, to be, by their being often transported, half Sailors, but compleat arch Rogues. Jamaica and other Parts of the West-India Islands by their wicked Behaviours, has enter'd into a Protest, to entirely refuse taking one of them.

And no doubt but those Places where they are sent to now, will be forc'd to follow their Examples. And their Banishment which was designed as their Punishment, they make use of to repeat all their former Villainies, giving ill Examples to their Youths, persuading their Negroes to rob their Masters and run away with them, either aboard the Pyrates, or Spanish Guard de Coast, they being thoroughly qualified for any vile or base employ. And the poor Sufferers that have been sadly abus'd, and their Substances taken from them, by those Savages in the shapes of Men, have often reflected on those who gave them these Opportunities, that they did not hang them out of the way at first.

These People making a Ridicule or Banter of Transpor_tation, telling one another, that it is but a trip over the HerringPond, their Passage being paid, D&horfill;g their Pretious Bloods, if that Country shall hold them long; they being thoroughly acquainted with the way of it, which to all thinking honest People, is the highest Contempt of the Law, and encourages and buoys them up in their vile Practices.

But how long these People shall serve, I will not offer to name, but leave that to the Wisdom and Prudence of the Law-makers, and their Judges to the nature of the Crimes they are convicted off.

I beg leave, humbly, to offer briefly, some few of the repeated Services, that Gallies may be made use off.

For as there is a strong Current, sets always through the Gut, if it proves Calm, which is frequent in those Parts: Ships that have been coming through, have drove past Gibralter, as high as Malaga, and others that have been coming down, have met with these Calms, and Ships of great Value, which tho' so near, could not fetch into the Bay, and so exposed to great Dangers, and some that have been taken by the Spaniards, who always kept lurking with their Gallies, on purpose for those Opportunities, that our Cruizers could not come to assist them; and in sight sometimes of Gibralter, which is the highest Provo_cation, and has been done to the unspeakable loss of Trade, the Ruin of abundance of Merchants and Sailors; but these Evils will be sufficiently made up and provided against, For we can with our Gallies in Conjunc_tion with our Men of War, command all Ships passing, or re-passing in those Seas, rendering there Trade difficult to them, and of many Advantages to us of this King_dom, that between the Ships we may save of our own, and what we may take of others, in case of a War it may be some hundred thousand Pounds a Year, For then not a Ship shall be suffered to pass, either coming in, or going out, but we may speak with them, Blow High, Blow Low.

I humbly appeal, to the Right Honourable the Lords Commissioners of the Admiralty, and Captains of Men of War, and others, how serviceable Gallies have been made use of in an Engagement, to tow out of the Line all disabled Ships, and to bring others in their Stations.

And Gallies will entirely prevent any Trade by Sea to old Gibralter, and there other Harbours, with there small Vessels, that went along Shore in the last Rupture, and brought 'em fresh Supplies and Stores, that our Men of War could not prevent, it being not safe to venture so close to the Land, and our Long-Boats was not a Match for them, and it will certainly awe the Algereens, and Sally-Rovers, who so oft in my Memory, have play'd the Rogue with us, in making War and Peace at their Pleasure, and our Rich Presents.

And as this is offer'd with an honest Intention for a Pub_lick good, to prevent these Evils for the Time to come; yet as there may arise several Objections, I shall briefly Answer, to some of the greatest that may be brought against this Proposal.

Objection. It may be a great Expence to the Nation in building of Gallies.

I Answer that, by what it has cost the Government be_tween the Rewards of those that have been capitally convicted, as for some 300l. for others 50l. 40l. and the four Pounds four Shillings, that the Government pays for the Passage of every one that has been Transported, but since this King has come to the Crown, it may be made appear, that it will far out ballance the Charge of building a sufficient number of Gallies; and if I might offer further without disobliging, that the Charge of one Third Rate, in building and fitting her out for the Sea for six Months, by a modest Computation, will far out bal_lance the Cost of these Gallies.

But I humbly beg, that I may be understood, that by this Proposal, I am not for lessening any one Ship in his Majesty's Royal Navy, which is so much the Glory and Defence of these Kingdoms, and the Terror of the whole World, but that Gallies may be added as Tenders, or as shall be thought most for Service to them.

Obj. How many Gallies may be sufficient, to employ such Numbers that are sent away from Time to Time.

Answer, Eight may be enough, four or six at Gibralter, the other at Port-Mahone, as shall be thought most for Service, every Galley to employ 312 Men, so that by what shocking Terrors it may cause on the one Hand, and the surely securing them on the other, putting it out of the Powers of these People to return back, till the time of their Sentence is expired, as hundreds has done from the Places where they have been transported too: And I have been fully informed, that there is no Law to dispose of them as Servants, but only to put them ashore to run wild there, and not to return back, it being Death without benefit of Clergy; this puts them to rob and plunder the Country, till they can find an Opportunity of meeting a Master of a Ship, either at New England, or some other Place, who is as willing to employ them as they, for a Passage back, and perhaps some gets 10l. for there run Home, giving themselves other Names, but some has been so fool-hardy, in open defiance to the Law and Justice, to come to the Place that they was transported from, and have been took and Executed for it; so that by this Proposal, they will be reduced to such small Numbers, more than ever yet could be done by Deaths or Ba_nishment.

And it is plain, that we have had more robbing in England in one Month, then has been committed in Italy, Spain, or Portugal in twelve Months, and it's thought it is owing to those Countries having Gallies, putting it out of the Power of those People to play at Fast and Loose.

Obj. That it is offer'd against a Free People.

Answer, I own it is the Happiness of the People of England, that we are a free People, that our Laws are made by joint Consent of King and Parliament, that we have many Privileges above other Nations; and that we are not extorted to any Confession, either by wracking on the Wheel, or other inhuman Inventions which is shocking. But I humbly conceive that when a Person is convicted by Evidence of breaking the King's Laws, they have lost all pleadings of their Freedoms, but is entirely at the Laws and King's disposal, whether for Life, Death, Banishment, or long Imprisonment, or Li_berty. And Transportation was first thought to be, as great a breaking into the Rights and Freedom of these People, as now Gallies is offer'd; and Transportation was well designed, tho' of late Years it has proved the reverse.

Obj. That some would rather chuse Death then suffer them_selves to be thus confin'd.

Answer, It is the unhappy Temper of some Men, they never was, or desired to be made usefully Good, or mo_rally Honest, for their exorbitant Humours, which ad_mits of no Bounds when that comes to have a restraint put upon it, by the just Methods of the Law, it either flings them into those vile wild desperate Resolutions, that had always been their directors to chuse Death, rather than to undergo these gentle Severities; or else it so dispirits them, by a sullen change of their Minds, that they had rather chuse Death in all its hideous forms, then to be brought under any Subjection; like some Creatures that I have seen in Virginia, when first caught wrangles with their Bridles and Masters, and endeavours to be their own Executioners, but by Degrees are brought to Use and Labour, and so they may be made serviceable to God and their Country, and run wild no longer.

Obj. As it is Peace, we have no Occasion for Gallies, and so we don't know how to employ these Convicts.

Answer, All wise Parents provides the Rod, and has it ready to make Use of, when Necessity requires it; and as his Majesty, Lords and Commons, are the Nations Pa_rents, they are not to depend upon being always in Peace with France and Spain, and some others that are our Rivals in many Branches of Trade in the Mediterranean; and we see with what Resolution and Industry the Spaniards are at this Time, in building Forts at Gibralter Bay, and Ca_brita Point, against the first Rupture, tho' they may gloss it over by many false Pretences, it is plain as the Sun at Noon-Day, by their bringing to them so many heavy Can_non, it is to be in readiness against &horfill; and so to make the Bay of little use to us, for where our Ships rides it will be under the Command of their Forts; so that I shall leave that to all wise thinking Men, if that be Wisdom in us of this Nation to suffer it, whilst it's in our Power do some things that may disappoint all their cunning designs and mischievous views; and what I would humbly offer, that our Government would be as thoughtful and industrious to promote things for a Publick Good, as Spain is, and there is an absolute necessity for the building a Mole Pier, or Harbour, as laid down by that little prickt Line in the New Mole, which will be several Years in building, at a vast Expence to the Nation, if you hire Workmen out of England; but the Method I propose of sending Convicts, it will save the Nation a Million of Money, but when finish'd, will put such a baulk on the Spanish Policy, and likewise be a place of safety for all our Ships in hard Gales of Wind, and thus they may be employ'd tho' in times of Peace, in building some necessary Fortifications both there and at Port-Mahone, as may render those Places impregnable.

And shewing this to some Ingenious Gentlemen, that were truly satisfied with the usefulness, and repeated Ser_vices that Gallies would be off; but their main Objection was, that Gallies would not be comply'd with for fear of disobliging the Spaniards.

Ans. For the same Reason it is thought that some is for giving them Gibralter, but it will be an unwise Action, if they do, and the fatal Consequences that will soon fol_low, will but too plainly show it, and the Spaniards are not endued with the same good Nature, or Care to dis_oblige us, when they built that Fort at the head of the Bay to annoy our Shipping, and to hang a Master of a Ship in sight of us, for bringing the Garrison some small Necessa_ries, and to continue their Guarda Costa, to Kill, Plunder and take our Shipping in the West-Indies, and one, or two up the Straits, and to make Prizes of them; and now by a strict Order forbid upon Pain of Death, all Communi_cation with us at Gibralter, both by Sea and Land, though we have been at an immense Charge with our Fleets to serve them: But I shall say no more to this Objection, but leave it to the Thoughts of all honest Englishmen who are not corrupted, or in a Lethargy; only this that Gallies in con_junction with our Men of War, will be as great a Thorn in their Sides, as any one thing we can do to them.

I would beg leave to give some few short hints why we should not part with Gibralter.

For by keeping of it, as I have propos'd, by Gallies as_sisting our Men of War, all Nations will have such a share of Trade as we are pleas'd to allow them; for Gibralter may justly be call'd the Key of the Straits, and if ever we part with it, we lock the Door against ourselves; and we shall vastly suffer in those two most profitable Branches of Trade, as first our Turkey Trade, that takes off such quan_tities of Cloth, as Scarlets, Purples and Bays, and employs so many Thousands of Families. And our Newfoundland Trade, that brings into this Kingdom some hundred thou_sand Pounds a Year of ready-money got out of the Sea; besides a Nursery for Sailors: Tho' it may be objected that our Fleets can command Entrance at any time in the Straits.

Answer, That Trade that must be carry'd on with so high a Hand, will suffer and lesson, for the following Reasons, as first the Turkey Trade, for the French who are a cunning sub_tle People, have learnt to make to a great Perfection the same sort of Goods; and will take the Advantage whilst we are forming Fleets, to supply them from Marseilles, which lies near at Hand. And next our Newfoundland Ships, which are neither Ships of Force or Runners, these will be also badly off, for as Fish is a perishing Commodity, whilst they are getting ready to join their Convoy, from their several Harbours, there Fish may be spoil'd, instead of enriching ourselves by Trade, it may prove to the utter Ruin of abundance of honest industrious Families, and vastly lesson his Majesties Revenues, and flat and dull the Spirit of Trade; for it was always the Strife and Ambition of those Persons, that traded that way, to be their only Care, to be first at Market because of a Price.

And in keeping of Gibralter and Port-Mahone, we have Harbours and Store-houses of our own, at that distance, where we can shelter, clean and refit our Ships without be_ing beholden to any other Nation, and if any others should become Masters of that Place, but God forbid they ever should, they would make us pay for going thro' the Straits Mouth, all one as we do at our Tole-Gates, which will not agree with the Honour of our English Nation; as being always stiled Masters of the Seas, and so bring a Yoke up_on us, that we nor our Children are able to bear, and our Fathers would have made them to tremble to have men_tioned it to them.

The common and most frequent Objection that is made use of, is, How did we do before we had Gibralter?

Ans. Such Persons that States this Question may well be suspected, that they have some private Advantages of their own, or other sinister Ends; so that they are Deaf to all other Reasoning then a tame surrender of the Place.

And as to those that have not given themselves fairly to think and weigh the Matter in the Ballance of the Sanctu_ary, I would ask, Have they consider'd the World grows more Numerous and Politick? And are they acquainted with the Situation of the Place, and how that the Spaniards have Ceuta, which lies opposite to Gibralter, and that by keeping of Ships and Gallies in both those Bays, that both Shores will become alike hazerdous for Ships that passes that way.

And these Gentlemen might as well Argue, How did we do before we had such Numbers of brave Ships of Force and Beauty in His Majesty's Royal Navy, or such fine com_modious Docks and Yards to build and refit in, and the use of Guns and Powder, or the Art of Printing; and may other very useful Arts and Sciences brought to won_derful Perfection, both for Profit and Pleasure, that now we cannot be without? and with due Submission, it may be said, To what Purpose is it to enlarge the King's Domi_nions in the West-Indies, or elsewhere, or to neglect all due Care to preserve our trading Ships; but it is to be wish'd and hop'd Gibralter will, notwithstanding the thick Mist that are before some Peoples Eyes, remain in the Pos_session of the Kings of Great Britain, 'till Time shall be no more?

Those Places being gain'd at the Expence of so much Blood and Treasure.

Some may object that I am a hindrance to Trade, be_cause I argue against sending of Felons to our Plantations; because it is those Countries, that takes of such large quan_tities of our Home Goods.

Answer, I own it is, but as to those Felons, as I have made it appear, there is not one in forty stays there, but I would humbly offer for the good of Trade, to prevent the rotten from going, and that will preserve the sound, and we having many Millions of Acres of good Land unimprov'd for want of People; and those Countries producing many beneficial Commodities, that we of this Nation wants, which will employ many Thousands of Families. That all Trades will be the better for it, but especially the Wool_len Manufactories, Hatters and Smith's-work in all its Branches; which employs whole Towns in England at those Trades; and may be the happy means to prevent such Numbers, who through decay of Trade are become poor, and thrown to lie rotting in Goals, so shocking to Human Nature: And it might prevent others who are forc'd through the difficulties they meet with, to get a li_ving for the common Necessaries of Life, turn Thieves, Whores, Night-walkers, Forgers, Sharpers, Smugglers, Receivers, Procurers, Bawds, Gipsies, Fortune-tellers, Insolvent Debtors, Parish Poor and common Beggars, and others, that goes round the Countries, imposing on those well inclin'd charitable People by false Passes, as Pretenders by loss of Fire, Shipwreck, hard Rents, loss of Cattle, Suretyship, decay of Trade, and the like; if these were to go to our new Settlements, as there is proper Encouragements by Merchants, and other Gentlemen, for going there, it would be their truest Interest to go, that they may not be a Neusence to the Places they inhabit, or burthensome to the Parishes where they be_long to, for they will be put upon a Footing to do good for themselves, get Estates for their Families, they becoming Customers to us, and we to them for their Produce; so that the mutual Trade will tend very much to the Benefit of both, and to the Increase of His Ma_jesty's Revenues.

POSTSCRIPT.

Courteous READER,

AFTER several Years Observation of the Situation and Strength of Gibralter, and the Benefit of so good a Harbour as Port Mahon, and the Honour and Hap_piness that we of this Nation have in being Masters of such important Fortresses, which I have laid down in the shortest Method I could, having more Reasons to of_fer, that will protect all Persons at Home, of what Rank or degree soever, from the Insults of Thieves and Enemies, and be the happy Means of saving a many Lives and Ships.

And I do assure you, it was not out of Ambition to be thought an Author, or to have my Name in Print, I had no such Views, for I was a Midshipman on Board the Oxford Man of War when I wrote these, under the Command of the Right Honourable the Lord Vere Beau_clerk; and talking of these Things to several Officers of Men of War and Commanders of Merchant Ships, they importuned me to give them a Copy of what I had wrote, I comply'd with their Request, never designing to proceed any farther.

But coming for England, and talking about the present Affairs, I show'd some Gentlemen what I had wrote, they never ceasing asking me for a Copy of it; but finding I was engaging myself to write more than my Inclinations or Time would allow, I offer'd to get some few printed.

These Gentlemen still prompting me to go on, and by their repeated Perswasions that Things of this Nature which is offer'd for so publick a Good, could not fail of meeting with a generous and national Encouragement; and I hope that private Gentlemen, Shopkeepers, Tradesmen and others that lives remote from the Sea, and may have no Dealing that way, cannot plead Ignorance and say they do not understand it, but must own that this Proposal is well designed, and if comply'd with by our Legislatures, it will be for the good of every Body.

And I being a Stranger to any great Men, is the only Reason why I take this laborious Method of tiring my self, in hopes I may meet with some true Patriot of their Country, whose Power and Authority may be the Means of getting these my humble Proposals preferr'd to the Consideration of his MAJESTY and both Houses of Parliament.

But as I have not wherewith to support the Charge of getting six or seven hundred printed on a fine Paper to give to every Member one, as they go into the House, with other unavoidable Expences, whilst I give my At_tendance to get those Things preferr'd at the next Sessions of Parliament.

And I do assure you, whatever you in your Goodness and Wisdom shall contribute towards the said Cost, if it be ever so small, it shall be carefully and frugally laid out for those good Ends and Purposes, as propo_sed; and I humbly beg Leave to say, that I am a Contributor, tho' I have taken the labouring Ore.

There may arise one Objection more, that is, If the Men are taken care of, What must be done with the Wo_men?

Answer, It was the Men that was their Cover, and in view of their Protections, that they were guilty of so ma_ny vile Actions; and, according to the Proverb, if there was no Whores, there would be no Rogues; and if there was no Rogues, there would be no Whores; so that it is like the Plague, they Infect one another; but, sending the Men to Gibraltar, will be an entire Seperation from their old Companions, and lessen the Numbers of these Women Thieves.

And as to Transporting the Women, it may be service_able to the Country where they are sent to, and may easily be kept in such Restrictions, that they may be render'd very useful; for if they should attempt to run through the Woods two or three hundred Miles, what would they be the nearer, for no Master of a Ship will entertain them; so that there is an impossibility of their coming back, which will oblige them to be good Servants, and may for the remaining part of their Lives, become honest Women.

THE EXPLANATION OF THE MAPP.

A. THE Ships going in the Straits Mouth, B. is the Bay of Gibraltar, C. is a Galley towing in of as Ship clear out of Gun-shot, from any of the Spanish Forts, D. is the Figures that shows where and how many Fathoms of Water you have in the Bay, E. is Cabrita Point, where the Spaniards are building a Fort with a mischeivous Design, that our Ships will be forc'd to keep at a further Distance, more in the Current of the Gut, that if they have not a fair Wind to run in, the Current will hurry them past the Bay, F. is old Gibraltar, where the Spaniards have a large Town, G. is a small Island, where the Spaniards have built a strong Fort of 12 heavy Cannon that commands that Side of the Bay. H. is the Highland that goes into the Country of Spain. I. is the Spaniards New Fort, that gives us so much uneasiness, and well it may, for it com_mands that part of the Bay as laid down in the Mapp, where the two Ships Rides, and so they will render the Bay of little Use to us, K. is the Circumvention Wall that goes a cross the Low-land, to cut of all Communica_tion from Gibraltar, L. is the Prince and Princes Bat_teries and Willis's Battery, that stood all the Spaniards firing, and now is so well fortified that our Men can stand to their Guns under cover Boom proof, M. is the Town_Church and Hospital, N. is the old Mole where small Vessels Rides, O. is the new Citidel, P.P.P. is the Bastons and Forts all along to Europa Point, Q. is the new Mole, R. is the prick'd Line the designed Work, that I above every thing else strives to promote, and that we cannot be without, and when finish'd, will be clear out of Gun shot from the Spanish Forts, and be as safe Harbour for all our Ships that puts into the Bay, S. is the Signal House, where there is a look-out kept that gives notice to the Town, by hanging out upon a Pole as many large Balls as they see Ships a coming, either from the Eastward or the Westward, T. is Europa Point, the Southermost Land of all Europee, V. is the Barbary Shore, W. is Cauta Bay, and a large City inhabi_ted by the Spaniards, and is a strong Garrison where the King of Spain sends all his State Prisoners, and about 3 Miles to the Westward is the Moors Camp where they Trade all Day and Fight all Night, X. is Tangier Bay, where is a large City inhabited by the Moors call'd the Royal City of Tangier, and a little to the Westward stood old Tangier, formerly in Possession of the English, but now Demollish'd, Y.Y.Y. is the Ships going up the Mediterranian, the Cross shows the Points of the Compass.

This Mapp being an exact Description of the Bay and Forts of Gibraltar, but the Barbary Shore is not Drawn to the true Distance by the Scale of Miles, by Rea_son of the Plate, but is done to give the Reader, who is not acquainted with the Place, the satisfaction of know_ing what is meant by the Streights Mouth.

* The Star is to shew how our English Gallies may Take, Sink, or Burn the Spanish small Vessels that go close to the Shore. The Moorings, is where the Men of War thet are Station'd Rides.

And the Reason why I fixt the Map to this Proposal, is to give the clearest Apprehension of the Policy of Spain in building their Forts, and by the Methods laid down to shew how we may render their cunning Devices and wicked Attempts vain, and by the Bles_sing of God blast all their Projects, as we did their so fam'd invincible Armado in Queen Elizabeth's Reign, tho' laid as deep as the contrivance of Enemies or wicked Men can invent.

FINIS.

|CLA |Y1643 Laws and Ordinances OF WARRE, Established for the better Conduct OF THE ARMY, By His Excellency the Earl of ESSEX, LORD GENERALL Of the Forces raised by the Authority of the PARLIAMENT, For the defence of King and Kingdom. And now inlarged by command of HIS EXCELLENCY; And Printed by his Authoritie, LONDON, For Luke Fawne. 1643.

ROBERT, Earl of Essex, Viscount Hereford, Lord Ferrers of Chartley, Boucheir and Lovain: Captain Generall Of the Army raised by the Au_thoritie of Parliament, for the defence of King and Kingdom.

TO all the Officers of the Army, Colonels, Lieute_nant-Colonels, Serjeant-Majors, Captains, other Officers and Souldiers of Horse and Foot, and all others whom these Laws and Ordinances shall concern.

Which Laws and Ordinances hereby published to all the said Persons respectively and severally, are Required and Commanded to observe and keep, on the Pains and Penalties therein expressed.

Laws and Ordinances of Warre. &horbar

Of Duties to God. I. Blasphemy. FIrst, Let no man presume to blaspheme the holy and bles_sed Trinity, God the Father, God the Son, and God the Holy Ghost; nor the known Articles of our Christian Faith, upon pain to have his Tongue bored with a rod-hot Iron. II. Cursing. Unlawfull Oaths and Execrations, and scandalous acts in derogation of Gods Honour, shall be punished with losse of Pay, and other punishment at discretion. III. Neglecting Divine Worship. All those who often and wilfully ab_sent themselves from Sermons, and pub_like Prayer, shall be proceeded against at discretion: And all such who shall violate Places of publike Worship, shall undergo severe Censure. &horbar

Of Duties in generall. I. Intelligence with the E_nemy. ALL such as shall practice and enter_tain Intelligence with the Enemy, by any manner of means or flights, and have any communication with them, without direction from my Lord Gene_rall, shall be punished as Traytors and Rebels. II. Relief of the Enemy. No man shall relieve the Enemy with Money, Victuals, Ammunition; neither harbour or receive any such, upon pain of death. III. Yeelding up of Forts. If a Town, Castle, or Fort be yeelded up without the utmost necessity, the Governour thereof shall be punished with death. IV. But if so be, that the Officers and Souldiers of the Garrison, constrain the Governour to yeeld it up: In such a case shall all the Officers be punished with death, and the common Souldiers who have been active, or have given their consent in constraining the Governour, shall cast lots for the hanging of the tenth man amongst them. V. And withall to know in what case and circumstances a Governour, and the Militia of the Garrison may be blamelesse, for the surrendring of a Town, Castle, or Fort, it is hereby expressely signified: That first they are to prove the extremi_ty of want within the place, insomuch that no eatable provision was left them for the sustenance of their lives. Second_ly, That no succour or relief in any pro_bable wise could be hoped for. Thirdly, That nothing else could be expected, but that within a short time the Town, Castle, or Fort, with all the Garrison, and Arms, Ammunition, Magazine, and appurtenances in it, must of necessity, fall into the hands of the Enemy. Upon proof of which forementioned circum_stances, they may be acquitted in a Counsell of Warre, else to be lyable to the punishment above expressed. VI. Careless Service. Whosoever shall be convicted to do his Dutie negligently and carelesly, shall be punished at discretion. VII. Violating of a Safe guard. Whosoever shall presume to violate a Save-guard, shall die without mercy. VIII. Whosoever shall come from the Ene_my, without a Trumpet, or Drum, after the Custome of Warre, or without a Passe from His Excellency, within the Quarters of the Army, or within a Gar_rison Town, shall be hanged up as a Spie.

Of Duties towards Superiours and Commanders. I. Violating of the Lord Generall. WHosoever shall use any words tending to the death of the Lord Generall, shall be punished with death. II. Quarrelling with Officers. No man shall presume to quarrell with his superiour Officer, upon pain of Cashiering, and Arbitrary punishment; nor to strike any such, upon pain of death. III. Departing from Captains and Masters. No Souldier shall depart from his Captain, nor Servant from his Master, without license, though he serve still in the Army, upon pain of death. IV. Silence in the Army. Every private man or Souldier, upon pain of Imprisonment, shall keep silence when the Army is to take Lodging, or when it is Marching, or Imbattallio, so as the Officers may be heard, and their Commandments executed. V. Resisting a_gainst Corre_ction. No man shall resist, draw, lift, or offer to draw, of lift his Weapon against any Officer, correcting him orderly, for his defence, upon pain of death. VI. Unlawfull Assemblies. No person shall make any mutenous assemblies, or be present or assisting there_unto, or in, or by them, demand their pay, upon pain of death. VII. Resisting of the Provost Marshall. No man shall resist the Provost-Mar_shall, or any other Officer, in the execu_tion of his Office, or break prison, upon pain of death. VIII. Seditious words. None shall utter any words of sediti_on and uproar, muteny, upon pain of death. IX. Concealing mutenous speeches. A heavy punishment shall be inflicted upon them, who after they have heard mutenous speeches, acquaint not their Commanders with them. X. Receiving of Injuries. Whosoever shall receive an injury, and shall take his own satisfaction, shall be punished by Imprisonment, and as it shall be thought fit by the Marshall-Court: But he that is injured shall be bound, if he do not forgive the injury, to seek reparation by complaint to his Cap_tain, or Colonel, or other superiour Of_ficer, and it shall be given him in ample manner. &horbar

Of Duties Morrall. I. Drunkennesse. DRunkennesse in an Officer, shall be punished with losse of Place; in a common Souldier, with such penalties as a Court-Marshall think fit. II. Unnaturall abuses. Rapes, Ravishments, unnaturall abuses, shall be punished with death. III. Adultery. Adultery, Fornication, and other dis_solute lasciviousnesse, shall be punished with discretion, according to the quality of the offence. IV. Theft. Theft and Robbery, exceeding the value of twelve pence, shall be punished with death. V. Provocation. No man shall use reproachfull, nor provoking words, or acts to any, upon pain of Imprisonment, and further pu_nishment, as shall be thought fit to be in_flicted upon enemies to discipline and service. VI. Seizing upon dead mens goods. No man shall take or spoil the Goods of him that dieth, or is killed in Service, upon pain of restoring double the value, and Arbitrary punishment. VII. Murther. Murther shall be expiated with the death of the Murtherer. &horbar

Of a Souldiers Duty touching his Arms. I. Full armour. ALL Souldiers coming to their Co_lours to watch, or to be exercised, shall come fully armed, upon pain of se_vere correction. II. Slovenly Ar_mour. None shall presume to appear with their Arms unfixt, or undecently kept, upon pain of Arbitrary correction. III. Loosing of Horses and Arms. If a Trooper shall lose his Horse or Hackney, or Foot-man any part of his Arms, by negligence of lewdnesse, by Dice or Cards, he or they shall remain in qualitie of Pioners and Scavengers, till they be furnished with as good as were lost, at their own charge. IV. Pawning or selling of Ar_mour. No Souldier shall give to pawn, or sell his Armour, upon pain of imprisonment, and punishment at discretion; and where_soever any Armour shall be found so sold or pawned, they shall be brought again into the Army. V. Wilfull spoi_ling of Horses. If a Trooper shall spoil his Horse wil_lingly, of purpose to be rid of the Service, he shall lose his Horse, and remain in the Camp for a Pioner. VI. Borrowed Arms. If one borrows Arms or another to passe the Muster withall, the borrower shall be rigorously punished, and the lender shall forfeit his Goods. VII.Imbezelling of Ammuniti_on. None shall presume to spoil, sell, or carry away any Ammunition delivered unto him, upon pain of death. &horbar

Of Duty in Marching. I. Waste and ex_tortion. NOne in their March thorow the Counties shall waste, spoil, or ex_tort any Victuals, Money, or pawn, from any subject, upon any pretence of want whatsoever, upon pain of death. II. Taking of Horses out of the Plow. No Souldier shall presume, upon no occasion whatsoever, to take a Horse out of the Plow, or to wrong the Husband_men in their person, or Cattell, or Goods, upon pain of death. III. Stragling from the Colours. No Souldiers, either Horse or Foot, shall presume in Marching to straggle from his Troop or Company, or to March out of his rank, upon pain of death. IV. Spoiling of Trees. No Souldier shall presume, in Marching or Lodging, to cut down any fruit_trees, or to deface, or spoil Walks of trees, upon pain of severe punishment. &horbar

Of Duties in the Camp and Garrison. I. Swerving from the Camp. NO man shall depart a mile out of the Army or Camp without license, upon pain of death. II. Going in or out by wayes. No man shall enter, or go out of the Army, but by Ordinary wayes, upon pain of death. III. Drawing of Swords after setting the Watch. No man shall presume to draw his Sword without Order, after the Watch is set, upon pain of death. IV. Giving a false Alarum. No man shall give a false Alarum, or discharge a peece in the night, or make any noise without lawfull cause, upon pain of death. V. Drawing Swords in a quarrell. No man shall draw any Sword in a pri_vate quarrell within the Camp, upon pain of death. VI.Revealing the Watch word. He that makes known the Watch_word without Order, or gives any other word but what is given by the Officers, shall die for it. VII. Offering vio_lence to Victu_allers. No man shall do violence to any that brings Victuals to the Camp, upon pain of death. VIII. Speaking with the Enemies Messengers. None speak with a Drum or Trumpet, or any other sent by the Enemy, without Order, upon pain of punishment at discretion. IX. A Sentinell asleep, or drunk. A Sentinell or Perdue found asleep, or drunk or forsaking their place before they be drawn off, shall die for the of_fence, without mercy. X. Failing at the Rendevouz. No man shall fail wilfully to come to the Rendevouz or Garrison appointed him by the Lord Generall, upon pain of death. XI. Remaining unrolled in the Army. No man that carrieth Arms, and pre_tends to be a Souldier, shall remain three dayes daies in the Army without being inrolled in some Company, upon pain of death. XII. Departing without leave. No man that is enrolled, shall depart from the Army or Garrison, or from his Colours, without License, upon pain of death. XIII. Out staying a Passe. No private Souldier shall out stay his Passe, without a Certificate of the occa_sion, under the hand of a Magistrate at the next Muster, upon pain of losing his pay, during all the time of his absence. XIV. Absenting from the Watch. He that absents himself when the sign is given to set the Watch, shall be punish_ed at discretion, either with Bread and Water in Prison, or with the Woodden Horse. XV. Discontented with their Quarters. Whosoever shall expresse his discontent with his Quarter given him in the Camp, or Garrison, shall be punished as a Muti_neer. XVI. Lying or sup_ping out of the Quarters. No Officer, of what quality soever, shall go out of the Quarter to Dinner or Supper, or lie out al-night, without making his Superiour Officer acquainted, upon pain of cashiering. XVII. Keeping of the Quarters clean. All Officers whose charge it is, shall see the Quarters kept clean and sweet, upon pain of severe punishment. XVIII. Letting of Horse feed in sown grounds. None shall presume to let their Horses feed in sown Grounds whatsoever, or to endamage the Husbandmen any way, up_on severest punishment. XIX. Whosoever shall in his Quarter, abuse, beat, fright his Landlord, or any Person else in the Family, or shall extort Mony or Victuals, by violence from them, shall be proceeded against as a Mutineer, and an enemy to Discipline. &horbar

Of Duties in Action. I. Repairing to the Colours upon an Ala_rum. NO man shall fail immediately to re_pair unto his Colours (except he be impotent by lamenesse or sicknesse) when an Alarum is given, upon pain of death. II.Flying. No man shall abandon his Colours, or flie away in Battail, upon pain of death. III. Flinging away Arms. If a Pike-man throw away his Pike, or a Muskettier his Musket or Bandilier, he or they shall be punished with death. IV. Burning and wasting. No man shall burn any House or Barne, be it of friend or foe, or wilfully spoil any Corne, Hay, or Straw, or Stacks in the fields, or any Ship, Boat, Carriage, or any thing that may serve for the provision of the Army without order, upon pain of death. V. Killing an Enemy who yeelds. None shall kill an enemy who yeelds, and throws down his Arms. VI. Saving of men armed with Offensive Arms. None shall save a man that hath his of_fensive Arms in his hands, upon pain of losing his Prisoner. VII. Flinging away Powder. Whosoever in skirmish shall fling away his Powder out of his Bandiliers, that he may the sooner come off, shall be punisht with death. VIII.Imbezzelling of the prey. No Souldier shall imbezzell any part of the prey till it be disposed of by the Lord Generall, or others authorized, upon pain of death. IX. Concealing of Prisoners. No Officer or Souldier shall ransome, or conceal a Prisoner, but within twelve hours, shall make the same known to the Lord Generall, or others authorized, upon pain of death. X. Pillaging with_out licence. No man upon any good successe, shall fall a pillaging before licence, or a sign given, upon pain of death. XI. Retreating be_fore handy-blows. A Regiment or Company of Horse or Foot, that chargeth the enemy, and re_treats before they come to handy-strokes, shall answer it before a Councell of War; and if the fault be found in the Officers; they shall be banished the Camp; if in the Souldiers, then every tenth man shall be punished at discretion, and the rest serve for Pioniers and Scavengers, till a worthy exploit take off that Blot.

Of the Duties of Commanders and Officers, in particular. I. Commanders must see God duly served. ALL Commanders are straightly charged to see Almighty God re_verently served, and Sermons and Prayers duely frequented. II. Commanders must acquaint my Lord Ge_nerall with dangerous humours. All Commanders and Officers that finde any of discontented humors, apt to mutenize, or any swerving from direction given, or from the policy of the Army set down, shall straightway acquaint the Lord Generall therewith, or others au_thoriz'd, as they wil answer their neglect. III. Defraud of Souldiers pay. Any Officer that shall presume to de_fraud the Souldiers of their Pay, or any part of it, shall be cashiered. IV. Stopping of Duellers. No Corporall, or other Officer com_manding the Watch, shall willingly suffer a Souldier to go forth to a Duell, or pri_vate Fight, upon pain of death. V. Drunken and quarrelsome Officers. What Officer soever shall come drunk to his Guard, or shall quarrell in the Quarter, or commit any disorder, shall be cashiered without mercy; and the next Officer under him shall have his Place, which he may pretend to be his right, and it shall not be refused to him. VI. Carelesse Captains. A Captaine that is carelesse in the Training and Governing of his Compa_ny, shall be displaced of his Charge. VII. Officers outstaying their passe. All Captains or Officers that shall out_stay their Passe, shall be punished at the Lord Generals discretion. VIII. All Officers bound to part quarrels. All Officers, of what condition soever, shall have power to part quarrels & frays, or sudden disorders betwixt the Souldi_ers, though it be in any other Regiment or Company, and to commit the disordered to Prison for the present, untill such Offi_cers as they belong unto are acquainted with it: And what Souldier soever shall resist, disobey, or draw his Sword against such an Offi_cer (although he be no Officer of his Regiment or Company) shall be punished with death. Officers non-resident in Garrison. IX. A Captain or Officer non-resident in the place assigned him for Garrison without license, shall have one Moneths pay defaulted for the first Offence, and two Moneths for the second: upon the third Offence he shall be discharged of his command. Cashiering of Souldiers. X. After the Army is come to the ge_nerall Rendevouz, no Captain shall ca_shier any Souldier that is enrolled, with_out speciall Warrant of the Lord Generall. Mustering of false and coun_terfeit Troops. XI. No Captain or Officer of a Troop or Company, shall present in Musters, any but reall Troopers and Souldiers, such as by their pay are bound to follow their Colours, upon pain of cashiering with_out mercy. And if any Victualler, Free_booter, Enterloper, or Souldier whatso_ever, of any Troop or Company, shall present himself, or his horse in the Muster, to mislead the Muster-Master, and to betray the service, the same shall be puni_shed with death. Commissaries of Victuals and Ammuni_tion must be true. XII. No Provider, Keeper, or Officer of Victuall or Ammunition, shall imbezell or spoil any part thereof, or give any false account to the Lord Generall, upon pain of death. &horbar

Of the Duty of Muster-Masters. Muster Ma_sters conniving at counterfeits. I. NO Muster-Master must wittingly let any passe in the Musters, but such as are really of the Troop or Com_pany presented, upon pain of death. Captains must send a Roll of their men to the Lord Ge_nerall. II. All Captains shall cause their Troops or Companies to be full and com_pleat; and two dayes after the Generall Mustering, they shall send to the Lord Generall a perfect List or Roll of all the Officers of their Troops and Companies, and likewise of all the Troopers and Soul_diers that are in actuall Service, putting down distinctly on the head of each man his Monethly Pay. Every Pay-day. III. The like Roll or List shall the Captains send to the Lord Generall, and to the Treasurer of the Army upon every Pay-day, during the Service, with a pun_ctuall expression at the bottome of the said Roll, what new Troopers or Soul_diers have been entertained since the last Pay-day, in lieu of such as are either deceased or cashiered, and likewise the day whereon they were so cashiered and en_tertained. Subscribed by all the Officers of the Troop or Company. IV. Which said List or Roll shall be subscribed, not onely by the Captain and his Lievtenant and Coronet or Ensigne, but also by the Sergeants and Corporals respectively, who shall declare upon their Oath, That the Troopers and Souldiers enrolled in the said List, are reall and actuall Troopers and Souldiers of the re_spective Troops and Companies. And whosoever shall be convicted of falshood in any of the premises, shall be cashiered. Muster-Ma_sters must use no other Rolls. V. No Muster-Master shall presume to receive or accept of any Roll to make the Musters by, but the forementioned Rols, upon pain of the losse of his place, and other punishment at discretion. Counterfeit names in the Rolls. VI. No man shall presume to present himself to the Muster, of to be inrolled in the Muster-Rolls by a counterfeit name, or surname, or place of birth, upon pain of death.

Of Victuallers. Victuallers issuing naughty Victuals. I. NO Victuallers shall presume to issue or sell unto any of the Army, unsound, unsavoury, or unwhole_some Victuals upon pain of imprison_ment, and further Arbitrary punishment. No Souldier must be a Vi_ctualler. II. No Souldier shall be a Victualler without the consent of the Lord Generall, or others authorized upon pain of punish_ment at discretion. Unseasonable hours kept by Victuallers. III. No Victualler shall entertain any Souldiers in his House, Tent, or Hutt, af_ter the Warning-piece at night, or before the beating of the Ravalee in the morning. IV. No Victualler shall forestall any Victuals, nor sell them before they be appraised by the Marshall Generall, upon severe punishment. &horbar

Of Administration of Justice. Summary pro_ceedings. I. ALL controversies between Soul_diers and their Captains, and all others, shall be summarily heard and de_termined by the Councell of Warre, ex_cept the weightinesse of the cause require further deliberation. The Provost Marshall must look to his pri_soner. II. All Officers and others who shall send up any Prisoners unto the Marshall Generall of the Army; shall likewise de_liver unto the Marshall, the cause and rea_son of the Imprisonment; And without such cause and reason shown, the Marshall is expresly forbid to take charge of the Prisoner.III. When a Prisoner is committed to the charge of the Marshall Generall, The information of the crime which he stand_eth committed for, is to be given in to the Advocate of the Army, within 48 hours, after the commitment, or else, for default thereof, the Prisoner to be released, ex_cept good cause be shown; wherefore the Information cannot be ready within that time. Goods of the destinct. IV. The Goods of such as die in the Army or Garrison, or be slain in the ser_vice, if they make any Will by word or writing, shall be disposed of according to their Will. If they make no Will, then shall go to their Wives, or next Kin. If no Wife or Kindred appear within a yeer after, shall be disposed of by the appointment of the Lord Generall, according to the Laws Civill and Military. Civill Magi_strates impri_soning Souldi_ers. V. No Magistrate of Town or Coun_trey, shall without license imprison any Souldier, unlesse for capitall Offences. For debts and other small offences. VI. In matters of debts or trespasse, or other inferiour cases, the Magistrate shall acquaint his Captain, or other chief Officer therewith, who is to end the mat_ter with rhe consent of the complainant, or to leave the party grieved to take his remedy by due course of Law: And if the Officer fail of his duty therein, the Lord Generall upon complaint of the par_ty grieved, will not onely see him righted, but the Officer punished for his neglect in this behalf. Braving the Court of Justice. VII. No man shall presume to use any braving or menacing words, signes, or gestures, while the Court of Justice is sit_ting, upon pain of death. Receiving of Run-awayes. VIII. No Inhabitant of City, Town, or Country, shall presume to receive any Souldier into his service, or conceal, or use means to convey such Run-awayes, but shall apprehend all such, and deliver them to the Provost Marshall. Detecting of Offenders. IX. All Captains, Officers, and Soul_diers, shall do their endeavours to detect, apprehend, and bring to punishment all Offenders, and shall assist the Officers of the Army for that purpose, as they will answer their slacknesse in the Marshals Court.X. If the Marshall shall dismisse with_out Authority, any Prisoner committed unto his charge, or suffer him to make an escape, he shall be lyable to the same punishment due unto the dismissed or escaped offendour. Offences whatsoever to be punished by the Laws of Warre. XI. All other Faults, Disorders, and Offences not mentioned in these Articles, shall be punished according to the gene_rall Customes and Laws of Warre.

ANd to the end that these Laws and Ordinances be made more publike and known, as well to the Officers, as to the common Souldiers, every Colonell and Captain is to provide some of these Books, and to cause them to be forthwith distinctly and audibly read in every seve_rall Regiment, by the respective Marshals in presence of all the Officers; In the Horse Quarters by sound of Trumpet; and amongst the Foot by beat of Drum: And weekly afterwards, upon the pay day, every Captain is to cause the same to be read to his own Company, in presence of his Officers. And also upon every main Guard, the Captain is to do the like, that none may be ignorant of the Laws and Duties required by them. &horbar THese are to Authorise you to Print for the use of the Army, The Laws and Ordinances of Warre, by me esta_blished, and of late inlarged by my Command, for the better conduct of the Service. And likewise by these presents to forbid all others to Print the same at their perills on the con_trary. Given under my Hand, 25. Novemb. 1643. ESSEX. To Luke Fawn, Stationer. |CLA |Y1653 CERTAINE PROPOSALS IN ORDER To a new Modelling of the LAWES, AND Law-Proceedings, For a more Speedy, Cheap, and E_quall Distribution of Justice through_out the Common-Wealth. Amongst which, besides others, is briefly Ar_gued the great inconvenience which arises, 1. From the distinction of Courts of Common Law and Chancery. 2. By Extemporary Verdicts, Orders, and Decrees. 3. By the Judges, Juries, and Perjurers not being lyable to make full Restitution unto such as are injured by their Per_jury, or Erroneous Judgements; together with their Re_medies. AS ALSO: Certaine Considerations for the Avancement of Trade and Navigation. Humbly propounded unto the Supreame Authority the Parliament of the Common_wealth of ENGLAND: By Henry Robinson. LONDON: Printed by M. Simmons in Aldersgate_street, 1653.

TO The Supream Authority of this Nation, the Parliament of the Common_wealth of ENGLAND. Right Honourable,

DOubtlesse it is not unknown to your Ho_nours with what various expectations the Nations round about, & even the people amongst us, have fixed their eyes upon you, whom Providence hath set upon the English Throne. Cert_ainely it was farre enough from your owne thoughts within these few moneths, and therefore you cannot be said to have been am_bitious of it, much lesse to have long coveted it. To run di_vision of mens different opinions touching the Call your Ho_nours had thereunto, it cannot be expected, it should not be controverted, since nothing is exempt there from, and not a few believe all knowledge to be scepticall. But this I am sure of, that whereas all Powers and Governours hi_therto did so much seeke themselves, as that either their own or their Predecessors swords made way for them, your Call and admittance hath been so peaceably, as doth clearly de_menstrate the people did not only stand in need of you, but that you are obliged by all ties both divine and humane, to relieve them in this great extreamity of theirs, according to your utmost abilities, and the power which Providence shall invest you withall.

These Nations have beene reckoning or accounting with their Governours, and such as they sometimes honoured with authority over them for about these do_zen years; one while advancing and setting up this person and party, and soon after pulling them down again, and at last routing them all, their Corporation and Chart_er, by which through the prevalency of a crasie depraved major party, they began according to their Predecessors footsteps, to pretend they might by the Prerogative thereof give us stones instead of bread, and Serpents instead of fish, Mat.7. Go on wasting of our blood and treasure, with_out securing us in the liberty either of our own consciences, persons, or Estates: and whilst we thus bemoaned our sadde condition, sighing, groaning, and crying out, who will doe us good, in rescuing us from selfe-seeking Partisons, your Honours have set your selves in the gap, and undertaken our deliverance.

Goe on therefore with the same courage and integrity you have begun: and though your Predecessors left you much worke to doe, yet be not disheartned therewith, Supream Authority was never attained too with so much ease before, and cannot portend lesse then greatest Happinesse unto this Nation by improving the same aright, or greatest infelicity unto your selves, if you should forgoe the opportunity which is put into your hands. We say nothing is difficult unto a willing mind, much lesse to such as have both will and power, least of all when both Heaven and Earth concur in making smooth the wayes you have to walke in for working out deliverance unto these Nations. Wherefore as you have begun, goe on in the feare of God, and love to good men, let nothing amuse or startle you; there is no hazard or danger in doing good, and good is not so hardly distinguishable from evill, right from wrong, Mine from Thine, as Mountebanke Statists, and Lawyers would make the world be_lieve.

Please then to redeem the time your Predecessors have lost, and begin to gratifie us first with what we most stand in need of: Examine our Civill Lawes and Disciplin, mend, or make them such as may become suitable, wholsome, and thriving to us in time of peace, as our Martiall Laws and Discipline were during the late Warrs. To have no written Lawes may be thought to be a condition without rule, or lawlesse; and yet in whose heart is not the Eternall morall Law engraven'd? might not a people be better gover_ned then this Nation hath been hitherto, without any other rule or standing Law then of not doing that unto any man, which a man would not have done unto himselfe? but be_cause the written Law either out-reaches, or doth not reach most cases, it were better to have no written Law, no Com_mon Law at all, then not to have a Chancery to quallifie it, as to contract or stretch it, according to the righteousnesse of all circumstances; but to be subject to the extreamities of them both singly, to be first rack'd, and made weary of our life and cause by the dull senselesnesse of one of them, the Common Law; and after that to be unrackt, rackt backe or over againe by the pleasure, suggestion, or nothing_nesse of the other, the Court of Chancery , will much call the Judgment of this Nation in question, to be out-witted by a generation of Lawyers, and their hangers on, in being at charge to maintaine them at one fifth part of all our Reve_nues yearly, for tormenting us, and continuing our lives and all we have at uncertainty, and their own mercy.

If we do but consider a little, wee shall easily finde that such a Court as we meane by a Common Law Court, must necessarily be so litterall, so bestial, as that it must not yeeld a haire upon any occasion; as well Gods glory, as good peoples welfare must be sacrificed to it; nothing but summum jus, rigid right, or right rigidness, which is summa inju_ria, extream injuriousnesse, can be expected from it; only a knave or godlesse person who seekes no other happinesse, but his owne Revenge; nor hath other rule or conscience then his owne lust, will easily fence himselfe against the litteralnesse thereof, and expose the Innocent as a prey un_to it.

On the other side, that which we call a Court of Chance_ry, is such an absolute Prerogative Royall, as that every knave, oppressor, or revengefull person is able, upon no ground or cause at all, but meerely upon suggestion to com_mence and continue a suite, from one generation to ano_ther, with such plausibility, according to the printed Or_ders of the Court, and the Courts own contrary practice, as that to heare it argued, a man would not be able to guesse how it will likely be finally determined, about 20. or 30. yeares hence, unlesse hee could tell which side were like to have most money to see most Councellors, and what Coun_cellors were then so feed: But if you will resolve to dash both Courts in pieces one against the other, and erect one out of them both, endowing it with a power of Equity to Judge all people and causes in a middle way equally and indiffe_rently, as neer the Letter of the standing Law as each re_spective case can be brought, all circumstances considered according to principles of righteousnesse and reason, and so cashier those Laws, or legall cheates of Fines and Reco_veries, Statutes, Statutes-Staple, Recognizances, Leases of Ejectment, Mortgages, Penall Bonds, difference of Tenures, difference of Actions, Writs of Error, Outlawries, Bills of Middlesex, and such other Law-legerdemain, the great mi_stery of the Lawyers will be more common, and farre more easie then it is now, to Cook a dinner for their pallate. But

I beseech your Honours to reflect a little upon what I say in this particular: Our men of Law avouch their Mystery to be the most abstruce and difficult, and consequently to require the greatest art and study to be exact and profound therein of any in the world; whereas above 1600 yeares agoe the Apostle Paul reproaches the Corinthians, 1 Cor. 6.5. &c. in that there was not a wise man amongst them that might judge between his Brethren, and not suffer them to goe to Law before the Heathen: and what kinde of men were these that Paul there censures? surely much like the Coblers, Button-makers, Taylors, Weavers, with all manner of Handicrafts-men and Labourers, the inferior, poor, illeterate, despised of this Nation, who in the latter times of the world, we have observed to be zealous of the Honour of God, inquisitive after Truth, and conscien_tious towards their Brethren; and yet Paul thought they might, nay ought to have been wise enough to judge between their Brethren: surely Paul and our men of Law were of a different opinion, and I must crave leave to add, that if there had been amongst the Gentlemen of the Law-faculty, the like zeale to God-ward , or compassion towards their Brethren, they could never have so long endured to be pre_sent at the Bar, and heare so many conscientious innocent people lye under oppression for want of English Lawes to re_lieve them, nor so many righteous Causes to be formally ar_raigned, condemned, and made Law-martyrs, without compassing a redresse for us before this time.

If the written Law, common Law, custome, be in the Cause in question, it will be as clear as the Sun, it will re_quire no more then first to read the case, then the written Law, and the Judgement will follow as undeniable as the conclusion doth the premises of a rightly formed sillogisme.

Thus easie and clear would every Cause (to be decided by common Law) be, if it were taken in time, before it grew wild by the long run, and leisurely opened, and truly stated.

But if a Cause do not appeare thus clear to be determined at common law, then forthwith the equitable part of the Law takes thought of it, and the Judge having both of them to his guide, hath nothing else but this to consider of: That since ther was no written Law w&chsup; came home to the point, what a reasonable & understanding man ought to have don in such a case, all circumstances considered: and 2. how far forth the party complained of, hath acted by the rule of such reason and understanding (which may be truly said to be the common law of Nature & Nations, not of England onely) and may be presumed to have done, as he would be done unto in such a case, and to give Judgement accord_ingly.

Now whether upon such like notions, and further enquiry, this, so much pretended dark Mystery of the Lawyers, may not become more practicable and easie then Cookery, as I said, which is common to every houshold, let those Gen_tlemen themselves, and the most ingenious Professors a_mongst the rest, vvhen they have better leisure, give their opinion, towards the undeceiving, and so enfranchising of the People.

I vvould not be thought notvvithstanding to deny that these Gentlemen have not a kinde of lip-learning, or arti_fice, especially of words and tearms, beyond men of other Trades and Callings, wherewith their Customers are either enchaunted, or led into by-paths, beyond their owne know_ledge, and there left and lost both they and their estates. And how far forth such art and cunning is for their owne credit, and our good, let themselves be judges also.

But of all learning certainly that of the Lawyers is the most vaine, not onely unnecessary but mischievous, destru_ctive to a Common-wealth: and I have no little wondred to heare them stiled in every Order, Councellours learned in the Law, but that it is by the Clerks and Registers of the same feather, and for their owne interest sake; whereas their learn_ing is but Law-cheating, jugling, pocket-picking, which the tyranny of our former Governours (fear_ing otherwise that they should not be thought to have Law as well as Gospel to uphold them in their op_pression, and keeping us in igno_rance) suffered us not to speak a_gainst, or get redressed. I hope, and earnestly request such Gentlemen of this faculty, to whom I have any manner of Relation, and such especially to whom I acknow_ledge many obligations (and who I conceive mean no wors then other men who finde themselves put, or settled by their Ancestors in a way or Calling which they thinke themselves little obliged to question or suspect) that they will not be offended at this language; since all Courtship , fair means, and long-suffering hath prevailed nothing with them , though sundry of the most eminent amongst them, professed the necessity of re_dresse, and seriously engaged to see it done severall yeares since. I am sorry for my own Countrey-sake to make this Observation of it: That there are not such cunning famous pick_pockets, cheaters, thieves, in any part of the World, as in this Island of England. And as this Myste_ry of Law-cheating could not have been brought to passe, nor continued by its Abettors, with_out a kind of gracelesse wit and ingenuity; so did not the rest of the Nation want wit enough to counter-worke and rout them, but that the people of this Nation have enjoyed lesse civil liberties then other Nations generally throughout the Papacy, and where its supremacy domineers; though they pen and keep them up close as to their Religion, yet in civill matters they have had much more freedome and li_berty of propounding for or against what they saw condu_ced to or against Common-weale, and by that meanes had the advantage to become sooner and more civillized, and to partake of more civill accomodations then England hath yet been happy in.

And because you have herein to deale with a numerous subtile party, the Anakim's and Goliah's of the Nation, against whom every individuall true English man, even out of self preservation is obliged to come in to your assist_ance, I, though amongst the least of them, yet being no lesse willing then engaged to appear faithfull in my station, doe humbly tender these ensuing Proposals.

Wherein though I speake often of depositions, examina_tions, and certificates taken upon Oath, yet it is onely by reason of the usuall practice thereof at present. My opinion being that Oaths should not be made so common, but that all men should nevertheless be proceeded against for whatsoe_ver they had damnified any man for false Witnessing, or certifying against him, though it were not upon Oath.

Scarce a motion at Common Law, or in Chancery, but if we offer it not, the Judge cryes out, Who makes Oath thereof. At Sessions and at Assizes, all up and downe the land, nothing but Oathing of it, swearing and forswearing, though not so often yet as publicke, and as unpunished, and the parties as remedilesse, though perhaps most Causes are lost by the perjurie of one or other. At Custome-house and Excise Office, nothing to be done without an Oath. Oh the Land doubtlesse suffers, and knows it not, by reason of Oaths, and so much the more have we to answer for, in that we make a meer formality thereof. First we make the people swear whether they will or no, and when that's done, we rest not thereupon, but cast about how to make them appeare for_sworn, and when that's found out, we punish them not at all for the most part, and never proportionable to their transgression: But how easily might this land be free from these great scandals and offences, and that with much ci_vil ease and advantage, both unto the Governours and Peo_ple. The chiefe use, I meane abuse, of Oaths, is as afore I have said, in our Courts of Justice, and about receipt of the Common-wealths duties of Costume, Excise, and Taxes throughout the Nation. Upon all which occasions it is Pro_pounded,

First, That all Evidence given in any Court of Justice, be either by the persons themselves present in Court, and that in such case to be registered, or else by way of Examina_tions taken upon Interrogatories, or Certificate to be signed by the parties Examined, or certifying before a Judg, Justice of Peace, or other Officer appointed in that behalf, who may attest the said subscription, and if any person doe testifie or certifie any thing untrue, to the prejudice of his Neigh_bour, whether in person, goods, or name, let him be lyable to satisfie all dammages and charges whatsoever, unto the utmost, and be punished corporally, and worke it out, if he have not wherewithall to discharge it otherwise.

Secondly, The securing of the Common-wealths duties without thus Oathing of it, and tormenting of the people is as easily compassed. The late Parliament by severall Acts and Ordinances, ordered them to be paid, and perticularly that of the Excise, according to such rules and rates as are thereby limited, imposing a forfeiture of double the value of the Goods of the Excise whereof the Common-wealth should at any time be defrauded: half this penalty had been sufficient if the said Acts and Ordinances had not imposed upon the people greater trouble and vexation then was ne_cessary for securing of the duty, or just for the people to be exposed to about payment of it, which the grand Commissio_ners and their Officers might with so much more ease and comfort to themselves, have executed.

Wherefore for such duties as must necessarily be conti_nued, wheteher of Custome, Excise, or otherwise, when the Rates are once agreed upon, and ordered to be paid and re_ceived with as little trouble and vexation as is consistent with security of the duty, the bare forfeiture of the Goods offending will be penalty sufficient, being restitution of a_bout twenty for one upon most Comodities, one halfe to the Common-wealth, and the other halfe to the Informer: and who but a mad man will adventure ten or twenty to one, if the Orders for preventing frauds be but wisely con_trived, and diligently and faithfully executed. Second_ly, as to the Orders, that they be directed especially to secure the duty at the fountaine head, whilest the Comodities are in few hands, and easier to be looked after, as the Import_ers, and Exporters for the Customes, Smelters of Lead, Tinners, Planters, and Grovers of all Native Comodities, Makers and Importers of all manner of Merchandize and Manufactures within the Land, lyable to the duty of Ex_cise; and if these be but well taken care of, all the rest of the Nation, perhaps fifty or a hundred for one would be free from any manner of trouble, or vexation, which now every person throughout the Nation, by the letter of the Law, is subject to, if he buy, sell, or receive into his House but 5s. worth of any Comodities whatsoever.

The Excise then may be made payable once a quarter in the next Market Towne where the parties paying it reside, upon forfeiture of the goods, or full value thereof, the Ex_cise whereof was not paid accordingly, and for the easier discovery of such fraud it is propounded.

1. That all persons who are obliged to pay Custome or Excise, or that buy of or sell to such person or persons as are obliged to pay the same, may be bound to keepe Books of Accompt as carefull and understanding Merchants and others ought to doe, wherein they may be required upon a penalty, fairly and truly to enter all and every such parcell or parcells of goods amounting to 20. s. and upwards, spe_cifying the prices at which, and the time when, with the parties names to, or of whom such goods were bought or sold; and being required upon like penalty to produce their Bookes upon all occasions of cleering or discovering all such persons as shall happen to be questioned about payment of such duties. 2. That whosoever upon such occasion shall be found to keep false Bookes, be understood and taken as a person that hath deceived the Common-wealth and his Neighbour, and proceeded against as a Perjurer, & made satisfie what the Common-wealth or his Neighbour had, or must suffer in appearance by this deceitfulnesse.

Now the keeping of Books or Accompts as discreet Mer_chants and others Traders doe, though to some it may seem a slight matter, and therefore the lesse necessary to be im_posed upon all Traders, is yet of so great concernment as that without it such Traders themselves, cannot under_stand their owne Estates, nor whether they be in a thriving or declining condition, and consequently not know whe_ther they get or loose by that Commodity, or whether at the yeares end they ought to enlarge or contract themselves; but goe on blind-fold untill they runne quite out of their E_states, to the undoing of themselves, and all that are enga_ged with them. But if it be granted to be a trouble to keepe Bookes of Accomps of what they buy or sell, and therefore ought not to be imposed upon a free people. It is answered, that it saves and prevents them & hundreds of others the trouble and vexation of being questioned in other occasions, which is not only a more common good, but to them a more peculiar advantage if they knew how to make a right judgment thereof: Besides, this exact keeping of Accompts is a kind of Record of all their dealings, which, whosoever are partners with them may have recourse to, and see what be_nefit or losse accrues by such trading, and at least be sure that they fare as well as be that hath the managing of the Trade, and according to the Covenants between them, and from hence it happens, that for the most part all Noble men, Gentlemen, and others, as they are distinguished in Italy, and the Low Countries (two industrious and ingenious Nations, and such as we need not be ashamed of, to take ex_ample by in businesse of this nature) that are populous. When they have money by, do willingly adventure it with Merchants and Shop-keepers, and goe partners or sharers in their dealings for all parts of the world, to the much en_riching of those Countries; whereas here in England, if a man put in a summe of money in stocke with a Merchant, Shop keeper, or Grasier, or other dealer, it is twenty to one but such Adventurer shall not only loose his money, but ne_ver have good account how it came to be consumed and wasted, because such persons who had the managing of the businesse kept no exact account of their dealings , for such Adventurer to have recourse unto, and see how his adven_ture thrived from time to time, and so contribute his ad_vice therein as occasion and the nature thereof might have required.

I purposely forbeare to alledge any reasons for this or that Proposall, or to presse the necessity of any of them so farre as I justly might, because I know you have so little leisure to peruse them, and believe that the Lawes with the present Proceedings are become so vexatious unto this Na_tion generally, as that you cannot choose but behold the people to be weary of them, and resolved not to endure them longer, but rather choose to make tryall of any other then that the same should be still continued: But withall do not doubt but that the rationality, and demonstrablenesse of most of these Proposalls will appeare so cleare unto your Honours, as will not only stirre up a resolution in you, but will keep you mindfull, untill you have new modelled, if not quite new made them, as you shall see cause for.

The next generall which requires your Honours speedy assistance, may be the securing or enriching of this Nati_on, or both in one, and that consists in trading; for a people that shall be content to apply themselves to Tillage and Pasturage only, which possibly may be sufficient to finde themselves with food and rayment, will not be long able to protect themselves from Invasion of Forraigners, in regard such Land or Countrey would be exceeding thin of people, and not able to defend it selfe in all their quarters against such as would invade them.

There cannot therefore be any lasting security without trading. Trade like a continuall Market or Faire, invites people from all bordering Countreyes, and makes a Nati_on become populous: Besides, the greatest Trade of the world hath a capacity of undermining and eating out the lesser Trades of the world : the greatest Trade cannot be compassed without the greatest strength at Sea; and who_soever can make and continue the greatest strength at Sea, will enjoy the greatest Dominion of the world, which would long since have been reduced to one Monarchy, or one Common-wealth, had not such Monarch or Common_wealth, who at any time was most powerfull, and so in the fairest capacity of reducing all the rest, fallen short in their politicks and Government.

Had the United Provinces been reduced into one Com_mon-wealth, they had beene in a likelier posture of com_passing this universall Monarchy, then ever the Romans were, who purchased all they had at the swords point; or the modern Kings of Spain, who thought to have done it by their West-India Treasures, as indeed they might, had they withall but known, and joyned thereto, the maine Engine, and right State-mystery of compassing the same, which is to encrease Trade and Navigation. But this proud Nation stands so much upon what they call Gentility, and is no other then a condition not to be necessitated to worke, as that they will not labour in any calling an houre longer then to keepe themselves from starving. A very Farrier will stand at his doore with a grave bayes Cloake on downe to his heeles, and his Rapier by his side, untill you bring your Horse to him to be shoed, and then to worke he goes ; so soone as your Horse is shoed, on goes his long Cloake and Rapier again, and hee as great a Don as e_ver; which being the humour of the whole Nation, they are so farre besotted therewith, as that much like the peo_ple of Guinney, they exchange their gold and silver of the West Indies, wherewith they might either have traded all the world out of their possessions by degrees insensibly for nothing, or bought them out of their free-hold at above forty yeares purchase; I say so many millions of money have they parted with unto other Nations for trifles to feed their own pride and luxury, which hath not onely set those other Nations at Warres amongst themselves, but enabled them to oppose the Spaniard in his aspiring unto the Uni_versall Monarchy.

But let us take heed, the united Provinces have first made discovery of this grand Engine and State-mistery of encreasing Trade and Navigation for acquiring Dominion, and conserving it by good Government, wherein they ex_cell all Governours of the world, by distributing Justice at home both indifferently and speedily, and protecting such as live under them from all Forreign Enemies abroad; they have made use thereof, and thrived thereby beyond all for_mer generations; and had they but gained Antwerp and Bridges, and been reduced into one Common-wealth or Principality (which might as easily have been done, and is still to be done as easily, as it was for England (which our eyes have seene) and Scotland to become one in 12. moneths) before we attaine to be true Trade-Statesmen) neither these three Nations most appropriate to command the rest, if we knew our own strength, nor any other in likelihood would be timely wise enough to oppose the succes_full enlarging of their Dominions.

Now these two generals I presume your Honours will find necessary to be speadily dispatched, and that sundry others may not be left undispatched, as the freeing tender consci_ences from paying Leviticall Tithes unto a Gospel-ministry which they owne not, the keeping people from begging and starving in the streets for want of employment. The lessning or quite taking away Taxes so soon as may be, with many o_ther of no lesse Import, which I was bold to propound un_to the late Parliament; and had they put in Execution, as they might have done with no lesse ease unto themselves, then great advantage unto these Nations, their Honours would not have been so blasted as we now behold them. But since they still remain undone, and continue still to be of the same necessary concernment both unto our security and well being, I crave leave to annex them hereunto, not without some assurance, that if your Honours shall be at liesure to cast an eye thereon (and find that a stocke of money enough to compasse all of them, defray all manner of publick charge, and enable the Parliament by degrees, even in a few yeares to take off all manner of Taxes and Excise; and whatsoever else may be desired is as easily attainable without giving the least cause of complaint to any sort of men within this Com_mon-wealth, as that it cannot fail if you but say the word, & practice it withall, only through managing some businesse of the Nations after a more ingenious method, then hath been discovered unto our Ancestors, and is now tendred to be made demonstrable by the Propounder) you will be so farre from thinking your time misspent in your perusall of them, as that you will be somewhat more enflamed, untill you see them accomplished, unto the exceeding great rejoycing of your own soules, and of such as humbly concurr with you therein, and in what else shall be found needfull for the farther making out, and establishing this Common-wealth and other Nations derivatively from hence, in wayes of Peace, Truth, and Righteousnesse, unto all succeding Ge_nerations.

The Reader is desired to mend with his Pen what the Printer hath mistaken. Certain

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

THE Persecution and Oppression of our late Kingly Governours, with their House of Peers, and Lordly Bishops, though at first not so well apprehend_ed by great numbers, whom by Court Preferment Corrupt Education, or o_therwise they had seduced, is now through the Christian liberty of try_ing all things, become so clearly dis_cernable, as that even the greatest part amongst us, and all Nations round about us, do much justifie us in the Judgement we have executed upon them, both root and branch: The ob_servation whereof ought to be no small inducement unto the same Heroick spirits whom God made instrumentall to exe_cute his Vengeace upon such Enemies to true Godlinesse and Freedome, to cast their eyes about them, and spy out what work is yet remaining to be done by them, before these Nati_ons can possibly injoy so great a Good as the Lord may be presumed to have intended to them by their expence of so much blood and treasure.

It will then doubtlesse be easily perceived that the Law_yers, the men of Law, the whole Tribe, from the Judges to the Prison-door-keepers, though some of them, as to their personall actings are not so blameable as other some, in their owne sphear of Westminster, have not onely been mischievous and destructive as Canker-wormes or Pharaohs lean Kine, unto these Nations, but have ever been those Mercuriall spirits and instruments, civil tormentors and executioners, to carry on and practise whatsoever our persecuting oppressing Governours, with their Peers and Lordly Bishops, have been execu_ted for.

It was this tribe that was so ready and willing to do their drudgery, that they might be maintained in buying and sel_ling the Nations over and over, as often as they pleased; at one Terme or Tryall the Plaintiffe, and at another the De_fendant, then back againe, and then forward, and all accord_ing to as good Law or Equity, as hath been in England since William the Conquerour. And besides all this, though they seem to have but one chief Shop at Westminster, a few stals erected for them in the Circuits, and their owne private Ware-houses at home, yet this one Tribe is thought to make a shift to gaine or reap one fifth part of all the gaines and increase of the whole Nation, by their severall wayes of incomes, which I know not well how to term, whether Fees, Bribes, Duties, or Extortions, they seem so like one another, or the same sum_med up together.

The knowledge of the Lawes whereby a man injoyes his life, liberty, and estate, and through breach whereof he for_feits all this temporall life affords, is not of lesse absolute ne_cessity, as to the things of this world, then the knowledge of those religious, eternall, fundamental principles of Faith and Love, without which it is impossible to attaine the joyes of Heaven. And therefore our Lawyers in their spheare are no lesse Monopolizers & Usurpers, then the Prelaticall or Popish Clergie, who endeavour by all means to continue us in the ignorance of our earthly patrimony and birth-right, the Lawes, not contenting themselves onely to perswade, but even in a manner compelling us to rest satisfied with an implicite knowledge thereof, and so in effect to depend totally upon themselves, and hold at their mercy our very lives, liberties, and estates.

This subtile Tribe without whose concurrence their royal Masters, with their Peers and Lordly Bishops, could not have been brought unto Account, when they perceived and saw they had outgon their own politiques in questioning of them so far as that they could not retreat for shame, nor yet with safety, they then resolved to put the best space on it, and joyne not onely in executing Justice upon them all, but began to ac_knowledge their owne irregularities, and exorbitances, even not to be longer endured, and promised Reformation, which they have been (even round) about these ten years, and at last suffered Commissioners to be chosen to consider of the Regulation of the Lawes, and Courts of Justice, who that they might not be over-charged with so great a task, they gave them halfe a dozen of Gentlemen of the same tribe, to save them a labour (I wish it proved so) and what fruit it produced, is best knowne unto themselves; but it seems the late Parliament could not digest, but still grew worse and worse untill its dissolution: And these poor Nations still continued to be mis-governed by a hotch-potch of Linsey_wolsey Lawes, so numerous, as not to be learned or com_prehended, some so differing as that they contradict and give the lye to one another , so irrationall and absurd, to spare worse words, as that they character us to be one of the most barbarous people in the world. And that which is yet worse then all the rest, the evill execution of them with their dela_torinesse and charge in so high a measure as demonstrates us over-dull and stupid to endure them hitherto.

In the making of all our Statute Laws, the establishing the Kings Prerogative was more aimed at then estating the peo_ple in freedome, which though never so much the peoples due and birth-right, if ever they vouchsafed us any Crums thereof, they forbore not to entitle them pure acts of highest grace and favour. Now for a people redeemed out of the jaws of Tyranny, and desirous to settle and establish themselves, and be made happy under a Common-wealth Government, with the self-same Lawes which were either wrung from their excluded Tyrants in their exigency, or any wayes indulged (as they would have it accunted) is no more possible then for a Tyrant to erect and long to continue an Usurped Ju_risdiction, while he governed by a body of Lawes that had been enacted by the free people of a Common-wealth. Let us therfore no longer idolize that thread-bare notion of fun_damentall Lawes, wherein perhaps the whole Nation hath too much, too long hypocritised. And yet I hope no other_wise then an honest Traveller, who in discretion is bound to give out no offensive words, whilest he finds himselfe encom_passed by Theeves: Wherefore let not any of our former lawes or Customes, no more then our Religion hath done, passe unexamined, and so scape being blasted or allowed of as they shall tend to the true freedome, securing, enriching, and contenting of the people of the Nation.

To be led implicitely to accept of Lawes we either have not tryed, or understand not, is the second grand indiscreti_on which a Nation can possibly commit, and inferior onely to that of being superstitiously hurried by an implicite Faith in matter of Religion, as aforesaid. But will we in one word or circumstance see the unlikelyhood of the Lawes becoming wholesome to us, without more then a little rectifying, qua_lifying, if not quite new-moulding them? Did not the late King CHARLES pretend, as well he might (for they were more his then ours) to fight for defence of the Fundamentall Lawes, and the Protestant Religion? And doe we think his Lawes and his Religion, together with his Judges (for they also were more his owne, and complyed more by base Expo_sitions, then either his Lawes or his Religion) would ever have cut his Head off for fighting to maintaine them? Cer_tainly it was another, and that far better, as more rationall both Religion and Law, that freed us from this superstition and vassallage: And if we doe not more speedily begin to owne it, ere long I feare we shall be brought to be too much dissemblers: Let us not then implicitly or hoodwink'd trust those Lawes which have been subservient to the lusts and plea_sures of Tyrants of so many Nations, who by invasion of this Land have usurped jurisdiction over us.

But rather then this Legall Bondage, and im_plicite proxie Religion should be longer continued, It is Propounded,

The first Proposall.

I. THat all the present Courts of Justice be abolished, and no Proceedings either at Law or equity, except against such as disturb any man in his present possession, who by the next Justice of Peace may forthwith be put againe into possession. Or against such as shall injure any man in person or name, whom likewise the next Justice of Peace may punish, according to brief Instructions to be appointed in that behalfe. And for matter of Bonds, Bils, or Book Debts, upon Request of the parties the next Justice of Peace to require execution and present payment, the Creditor putting in unquestionable Security to stand to such further Order as shall afterwards be agreed upon by the Supream Authority in that behalfe. And all other Law, and Proceedings at Law or equity, to be of no effect: Nor any other proceedings to be at Law or equity, untill the Supream Authority have new modelled them, together with the Officers and Courts of Justice, which is hoped may within lesse then six moneths time, if gone upon, be compassed.

The second Proposall.

II. That in the new modell of all Officers, both Judges and others, have their respective standing Salaries, which may be a competent and comfortable livelyhood, and not suffered to take any Fees, Gift, or thing, whether money, or moneyes worth, upon greatest punishment both to the Giver and Receiver, to impeach and accuse each other, and injoy immunity to himselfe, and one halfe of the Fine, the other halfe unto the State. And that as well Judges as other Officers, be present and doe attend upon their respective charges every day in the weeke except the Lords day, and dayes of Publick Humiliation and Thanks_giving, from 8 till 12 in the forenoone, and from 2 till 6 in the after_noone; if any one person appears upon any businesse what soever, and desires to be dispatched by the Judges or any other Officer whatsoever.

However through the Tyranny of the Powers, the practice at this day be quite contrary; yet such as aim at Common good will find it very just and reasonable, that even Judges and all publick Officers, who have a Salary, should rather attend and wait the peoples leisure, who pay them their wages, then that the people, even every individuall person who is their Master, their best master, their pay-master, should wait upon their Officers, their Servants.

The third Proposall.

III. That there be no distinction of Courts of Common Law, and Chancery, but that all Courts of Judicature have the power both of Law and equity to qualifie the one with the other, and to determine all Causes brought before them.

The having so many severall sorts of Courts, especially one differing from, and condemning what the other Judged to be just and righteous, doubtlesse was not onely one of our Tyrants stratagems to keep the people in vassalage; but the Lawyers great Engine to make more work for themselves. They first tell you, and that plausibly enough, that the world is stark naught, and that therefore a man cannot be too care_full and cautelous in contracting with any person, or what security he takes; and thereupon councel him to get a bar_gaine and sale, a mortgage, or a penall Bond, or sometimes all of them together, double, treble, and perhaps six times as much as the Debt imports: Now if this party be put to sue upon either of them, or all, though he would be contented to take his bare debt with interest and charges, he is not permit_ted to sue for the same in Chancery , but is turned over to the Common Law, where he may not demand lesse then the whole Forfeiture, be it never so much, and the Common Law will give it as certainly, whether it be right or wrong, if he can but declare and lye after the Common Law fashion; but he had need be well versed and precise therein, for if he come short of a letter, nay if a letter do but look asquint, an igno_rant or a knavish Jury may put him to begin againe, or loose all, both principall and penalty. In commiseration whereof, our good Governours, and yet the selfesame Tyrants, and their equitable Lawers, prevail'd to possesse this over credu_lous Nation how reasonable it was to have a Court of Chan_cery to qualify and mitigate the rigor and Tyranny of the Common Law.

The truth is, the Common Law is extravagant enough, to say no worse of it, but to flye therefore into the Chancery is a remedy worse then the disease, leaping out of the Frying_pan into the fire is not so bad. The Common Law, if our At_torneyes were true to us, would not keep us long in purga_tory, but of the torments of Chancery you must have good luck if you find either end or respite, to doe you good; and your adversary must want money to fee Lawyers, enough to confound the Cause, and muddy the waters, as they doe u_sually, that a Register (who doubtlesse made more Or_ders then the Judges) seldome gets fast hold thereof, though he make a hundred Orders at his pleasure.

How easie a matter were it then to prevent such waste of time and moneyes in following two Courts so diametrically opposite? Had you not better that either of them should dis_patch you, and put you out of paine speedily, then to be ground in pieces between them both so long together? But what a cheat is it for the Chancery to dismisse the Bill for de_manding principall and interest onely, upon a penall Bond, and turne the Plaintiffe over to the Common Law; and yet after a yeare, two, or three upon the Creditors suggestion farced full of lyes and forgeries (which no Bill in Chancery is free from, nor scarce answer without perjury, and yet a chri_stian Chancery) not to give full charges and interest, which yet the Chancery necessitated the party to be at, in that it put him to demand and recover the penalty at Common Law.

But let us see what kind of reliefe it is a poor man gets by flying into the Chancery?

Suppose a Verdict is by perjury, surprisall, or otherwise, unduly obtained against a man, whereupon he gets injun_ction, and serves his adversary himselfe, the then Attourney, and Councellor; the party afterwards Fees other Councel, perhaps another Attorney, obscures himselfe, and carries on the Cause to an execution, and puts the party in prison, and then no remedy because the Judges forsooth they may not be served with the Injunction.

Surely a Nation is at an evill passe when it must be perplex_ed and squeezed to pieces between their Courts of Law, and equity, whilest the Officers thereof between complementing and envying each others, erect their owne jurisdiction and prerogative: Certainly the Court of Chancery as Supream ought to have its Injunctions obeyed even by all other Courts and the Officers thereof, otherwise what availes it to direct an Injunction to Councellours, Attorneyes, Sollicitors, Agents, when as if you have served all but one in Westminster-Hall, that one onely may doe the feate, and consequently quite fru_strate the injunction; wherefore although the Chancery doe not direct them to the Court and Judges themselves, with all their Officers in generall, doubtlesse it could not be out of at any other consideration, then of respect unto the said Court and Judges, who by the same rule ought, when they under_stand of an injunction in a Cause, not to proceed any further, out of the same respect to the Chancery their Superiour.

The fourth Proposition.

IV. That all matter of Trespasse for words or deeds, and Batte_ries, be tryable by the next Justice of Peace, if at home; or else by the second next Justice, where such Trespasse or Battery is committed. As also all Actions for Debt, under 40s. and so to be determined in_terlocutorily, if the said Ju_stice can agree them within 48 hours: But if not, then each party to have his Cafe put in writing by the said Justices Clerke, or any other friend, as each party pleases; and how or in what manner the Justice would have determined the same, to be without interlineation subscribed by the said Justice and both parties, and so sealed up and transmitted by the Justice unto the County Court. And that onely every injurious, or offensive Action, but every scanda_lous or upbraiding word be punishable, according to the degree and oc_casion thereof, because otherwise the parties wil be provoking one ano_ther, supposing they are still without the Law, untill they fall into greater injuring and endammaging one another, even to a down-right disturbance and breach of peace.

If the Supream Authority shall please, the result and deter_mination of these Justices for all matters of Trespass and Ac_tions of debt not exceeding 40s. may be definitive and bind_ing, and the said Justices obliged to see them executed. But withall, that it be free for the party grieved, by such determi_nation, to appeale unto the County Court, who if the appeal be allowed, may condemne the respective Justices in all da_mages and double charge, and so contrariwise if the appeale be disallowed.

The fifth Proposall.

V. That there be a County Court, where one or more persons as Judges, shall be impowered to allow of Wills, and grant Administra_tions, within the said County; and to take cognizance of all Causes transmitted to them by the Justices of the said County; And of any complaint or demand whatsoever, whether criminall or civill, for any Debt contracted, trespasse done, or action triable within the said County: which said respective Judge or Judges shall forthwith fall upon, and take them into consideration, each by course, and so soon as it can be put in readinesse, according to the Orders of the Court in that behalfe.

It may not be amisse, nay like enough, the preventing ma_ny a Suite, That the County Court doe not admit a Bill or Declaration from any Plaintiffe in what Cause soever, unlesse he bring a Certificate annexed from the next two Iustices of Peace where the Defendant resides, that the said two Iustices of Peace have seen the said Bill or Declaration, & summoned both parties before them, endeavouring and perswading them to an agreement, or such manner as did appear unto the said Iustices, to be just and reasonable, which the said Iustices may be required to dispatch with all possible conveniency, and not to exceed ten dayes at most; withall to certifie how far forth the Defendant was willing to comply, or stood refractory.

There may be perhaps at present sometimes from 20 to 80, between Causes and Motions heard at the Chancery Barre, and Upper Bench in one morning, perhaps in lesse then three or four hours, but how advisedly or considerately, let all the world judge, or any one in particular, that is but a stander by at any time: It is not fit that any Cause or Motion should be huddled up, that another should succeed. It is the long delay in dispatching Causes, and the making of so many extrava_gant and contradictory Orders, which makes Suites so intri_cate, and tedious to be decided at last. No man should be abridged in opening of his Cause or Motion, which being well done, the Iudge will be the better able to understand and de_termine it more speedily, and more agreeable to the justice thereof, and so Causes will happen to be finally determined, faster then new Suites commenced. And when one Court in a place is not sufficient, as in London, or in great Counties, it is better for to have two or more Courts, but one judge in each of them were best, and will likely dispatch more then two, and more unbyassed; whereas being two or more, they will endeavour and be encouraged to fix the blame upon each other for what they have a mind to trespasse in; for how shall it be discerned who is most in fault, when both or all of them subscribe the judgement? or what if they disagree about it, how shall it then be determined?

The sixth Proposall.

VI. That the Judges in each Court upon their first sitting, aske if there be any Paupers, and dis_patch them first, and so likewise at last aske if there be any Paupers that could not get ready sooner, and dispatch them before the Court rise.

The seventh Proposall.

VII. That the Bill, Demand, or Declaration be put in, and left in writing, with the judge, or his Clerke, appointed to receive the same: And a Copie left at the other parties habitation, signed by the partie himselfe and his Clerke. And all Answers and Pleadings to be likewise put in writing, and Copies signed and left as aforesaid: And that it may be lawfull for the Plaintiff, insisting upon his former demand, to rejoyne and adde unto his former demand, producing whatsoever Depositions, Certificates, Evidences, or authentique Co_pies therof to be compared with the Original, upon the request of the other partie, and whatsoever other proofs the Plaintiffe please, lea_ving Copies as aforesaid, and the other party or Defendant insisting upon their former Answers againe to answer so often as they see cause, untill the Judge, at either of the parties request, shall give eight dayes notice unto the other to finish and compleat the Processe or Proceed_ings for the Judges perusal, who is not to reflect upon any Allegation in behalfe of either partie, unlesse the same be put in writing, and found duely fyled with the rest of the proceedings. And whereof the other partie had copie given him, and due Notification to reply as aforesaid. And that all Bills, Answers, Declarations, Pleas, &c. do no longer run in a slavish petitionary way, as formerly, But barely in the name of the Plaintiff and Defendant, with such distinction onely, and place of abode, as may distinguish them from all other persons.

The present practice, but a most wilde course it is to con_ceale the Evidence untill the very poynt that Judgement is to be given, when the parties cannot in likelyhood have time to read them, much lesse to advise and make exceptions, nor to enquire of the Witnesses produced, how far they may justly be excepted against as incompetent, much lesse advise how to crosse examine, or disprove them; but the truth is, we are so irrationally grounded, as that we may not to our advan_tage, gainsay a Witnesse, though he depose never so falsly, or perjuriously: we are told we must take our course, and im_peach the Witnesse of perjury; and is not this a pretty a_mends? an unconcionable Cative gives a Knight of the post, a hundred pounds (perhaps a hundred pence may doe the deed, for they are good cheap) to swear for him, whereby he recovers a thousand pounds of me, and all the recompence our good Lawes will give me, is to see my Knight stand in the Pillory, and loose his ears, for which sight, yet sometimes perhaps I must pay more in prosecution of him, then this ras_call had for his Judas-like betraying me.

The very forme and draught of a Bill, or Answer in Chan_cery, Court of Wards, Exchequer, and other Courts, was a clear badge of our vassalage and slavery, and not longer to be endured by a free-borne Nation. Justice is the birth-right of every individuall person, to become as free to us, as the aire we breath in, to be demanded modestly, not petitioned for.

Perjured or false Witnesse have hitherto scaped scotfree for the most part, because, though the party who was perhaps undone by such false Witnesses, prosecuted, & was at charge to cause such perjured person to loose his ears, and be fined to the Common-wealth, yet he had no manner of recompence, or satisfaction for his owne losses, through such perjury, wherefore it is propounded,

The eighth Proposall.

VIII. That each party be free to examine Witnesses of course, by the Examiner of the place where the Witnesse reside, to be transmitted unto the Court where the Cause depends, so soon as they please; first giving notice unto the other party, and after_wards a copy, both of the Interrogatories, and depositions, so soon as they are taken. And that it be free for either party to crosse examine Witnesses, whil'st the Cause is depending, and have four dayes at least, or more or lesse time, according to the place where Witnesses reside, assigned him for crosse examining such Witnesses, of whose depositions with the Interrogatories, Copies are to be given as aforesaid. Or rather to prevent the expence of often writing, and coppying out superfluous Interrogatories and depositions, That it be lawfull for each party to take by way of Certificate upon Oath made before any Justice or Judge, under the hand of any such Witnesse, what such Wittnesse can testifie in the Cause depending, and lea_ving Copy thereof with the other side, to fyle it with the other proceedings as aforesaid, which the respective Judges are to take notice of, and to make the same use of as of depositions: And the other side is free to crosse, examine, or to get crosse Certificates from the said parties first certifying, and leaving Copies thereof, as aforesaid. And all persons so certifying Wit_nessing or deposing any thing contrary to truth, shall be lyable to be proceeded against, and condemned in all manner of dammages, unto the party grieved.

It is impossible to know how in judgement to cros-exa_mine Witnesses, unlesse you know what he had first deposed, and generally such as are employed as Commissioners to take depositions, doe not so exactly know the method to be used therein, nor their Clerks qualified to pen them as they ought to be; and many not able to write legibly, much lesse sensi_bly. Witnesses at Common Law may be produced and al_ledged to be such and such, abiding here or there, when as af_terwards no such manner of person to be found, or if found, known to be incompetent Witnesses, which could not be ob_jected at the Tryall, because the other party had not timely notice of their names, to make enquiry after the parties themselves.

It is no matter how leading Interrogatories be, and it were much to be wished, that an Interrogatory could light or point out every circumstance which might conduce to the dis_covery of truth, that the trouble and expensivenesse of others might be avoyded, and if any one be found deposing an un_truth, he may be condemned in full dammages of all sort.

And since Decrees & Judgements are the most weighty and important Acts of the Nation, and therefore ought to be well weighed, and not pronounced extemporarily, as hitherto: And so much the more unconsidered, by how much the Coun_cellours, Attourneyes, and Sollicitors, on each side, continu_ally and even purposely, interrupt each other, and suffer not the Judges to have a clear understanding of the Cause, it is Propounded,

The ninth Proposall.

IX: That the Judge having perused the whole pro_ceedings, and considering of it seriously, while the same is fresh in memory, without regarding any thing, but what is filled with the proceedings, shall either draw out the Order, Decree or Judgment by himselfe, or give instruction, how to have the same done, & then read it over advisedly, and subscribe it with his owne hand, to remaine with the whole proceedings ever after upon record.

Though the most unjust Order or Decree be passed against any man, yet if it remaine not upon record what Evidences were produced, and what Witnesses did testifie, the Judges will avoyd the charge thereof, in alledging that this or that Evi_dence was produced, to ground such Order or Decree upon, or that nothing appeared to the contrary, and so secure them_selves from being impeached: And if it be said that Witnesses may be produced to make out the Charge against such Judg_es: It is Answered, that the said Judges will also if need be, produce Witnesses enough to depose the contrary, and so cause them to perjure and out-sweare one another, and all this because the Allegations of both parties were not written downe to remaine upon Record.

The Objection that if the Judges, whether at Common Law, or in Chancery, should read both Bill and Answer, Declaration, or Plea, &c. put in writing, much time must necessarily be spent, and few Causes dispatcht; will easily be Answered, and made appear, that this way would not onely dispatch more causes, but also more speedily, in that the great_est part of time now spent, is in making Orders and Decrees which are afterwards countermanded by contrary Orders and Decrees, and that upon good grounds many times, as be_ing in themselves ungrounded altogether. And if a computa_tion be made of how many Causes have been finally determi_ned within these eight years, I believe it will be found, that e_ven a greater number of Causes wherein every, Demand, An_swer, Reply, &c. had been succinctly put in writing, and af_terwards read in presence of the Judges or Commissioners themselves, might with more clearnesse and justice have fi_nally been determined in eight moneths. And the truth here_of may easily appeare, if a search be Ordered to be made, first how many Motions, and secondly how many needlesse Or_ders have been made, and how few Causes finally determined within these eight yeares, and a Computation made accord_ingly.

The tenth Proposall.

X. That it be lawfull for either or both parties agrieved within eight dayes to appeale from one and the same Order, Decree, or Judg_ment of the County Iudge to Westminster, and from Westminster to the Supreame Authority, who in case they finde the Appellant to have unjustly appealed, are to condemn him in all man_ner of costs and damages unto the other party; If otherwise, to give him all manner of damages, with double costs at least. And if no Appeale be fy_led within the said eight dayes, then Execution to be granted both against body and goods reall and personall.

There will be no inconveniences in so many Appeales, if the party unduly appealing be condemned in damages and charges unto the party grieved as is propounded.

I have heard of an ungodly Proverb often repeated in other Countries, which sayes, Happy is the Sonne whose Father is gone to the Devill: Their meaning is this, that such a sonne had good luck whose Father adventure losse of soule and body to leave his sonne a great Estate. And though this graceless saying be not in proverb, certainly it is no where more in practice, neither are any people so highly tempted thereun_to as in this Nation: It being a maxime in our Laws, that personall actions dye as well as persons, so that if a man en_rich himselfe by Bribery, Perjury, cheating, lying, stealing, or murdering an Heire that stands between his Family and a great estate, or the like; If he do but goe aside, and play least in sight untill death summon him to an account, his chil_dren enjoy his evill gotten lands or riches as freely as any other estate. It is therefore Propounded,

The eleventh Proposall.

XI. That upon the Defendants or Plaintiffs death. the Executors or Administrators of either producing Certificate of the Administra_tion granted, which is to be exhibited, and remaine fyled with the rest of the proceedings, Further progresse may be made as before, without any losse of time and charge, except the contrary party take Exceptions unto such Certificate, which in such case is to be speedi_ly argued and determined as all other exceptions are upon all other e_mergencies whatsoever, Copies being first given to the other side, and the party unduely troubling the other, to be condemned in Charges as Dammages as aforesaid; so that all personall Actions may be freely begun and prosecuted by or against the Executors or Administrators, as if the Principall were living.

The twelfth Proposall.

XII. That if the Report of the Justices be confirmed by the County Court; Or if the Judgement or Decree of the County Court be confirmed by the Court at Westmin. then such said respective second judgment be ultimate, & stand unrepealed as to the party, in whose behalf it was given: And that it be free notwithstanding for the party grieved to appeale from the County Court unto the Court of West_minster, or from the said Court of Westminster unto the Supream Authority; who if they confirm the same, may condemne the party unduely appealing in double costs, and one fourth part of what hee so unduely appealed for. But if the County Court, or the Supreame Authority see cause to reverse the judgment of the respective inferi_our Judges, then to condemn such respective Judge or Judges in all manner of damages: And that the Judge or Judges of each Court upon on the finall Decree or Judgement of any Cause, do put in writing the motives which induced them to passe such Judgement or Decree, subscribed with their owne hand to remain upon Record with the rest of the Proceedings, which at the end of the Suite are to be stitched up together, and so bound up in great Volumes as big as are manage_able, and exactly Alphabeted and orderly laid up in presses, as that they may be speedily found out upon all occasions.

For unlesse the Judges who are not subject unto their own or any subordinate Court, be questionable by the Supreame Authority for male-administration of Justice, the whole Na_tion will be lyable to be undone by them, without remedy. And then again, unlesse the Supreame Authority take such course, as that all Petitioners, whether against Judges for male-Administration or other grievances, wherein they can no where else be relieved but by the Supream Authority, may have easie accesse and speedy dispatch without charge, the re_medie will be worse then the disease: And the people had better let all flye, then purchase the hopes and expectation only of recovery thereof with over-long attendance, excessive ex_pence, and extream vexation.

But if it be queried, who will then be Judge to the hazard of his owne estate even for erroneous judgments, and though he proceed never so uprightly according to his best under_standing and conscience?

I answer; That it is presumed the superior Court, and the Supream Authority will not be over-rigorous against such Judges, as clearly appeares, to have proceeded so dili_gently, advisedly, and uprightly, as could humanely have been expected, especially in doubtful cases; But if not as wel for erroneous and corrupt judgements they be censurable, though they be never so corrupt and byassed, they will still alledge to have proceeded and judged according to the inte_grity of their owne Conscience, and their utmost understand_ing, and so scape scot-free, as Jury-men and Judges have done hitherto, though they passed never so many Orders and De_crees, one directly crosse and contradictory to the other.

Besides, why should any one of the Nation suffer or loose his estate through the errour of another? especialy when the other covenants, and hath a price for what he undertakes, and so becomes a servant unto the Common-wealth: And Judges ought no lesse to act any thing at their owne perills, then any other person throughout the Nation. And if they will not accept thereof upon such terms, they are equally free with others to wave the same. Have there been so many thousands of truely conscientious, godly, and understanding men, even capable of highest employment, who adventured their lives Gratis; others for an inconsiderable pay for a bare livelihood, even eight pence a day, and they done better ser_vice then many a Counsellor or Judge: And shall wee feare there will want persons fitly qualified to make Judges in our Land? Surely such as have run greater hazard, and done bet_ter service then severall Judges, without any at all, or for farre lesse consideration in way of wages then a Judge hath done, will not decline a lesse hazard when it may redownd more unto their Countries good nor prove lesse accomplish_ed for the service.

The thirteenth Proposall.

XIII. That no Counsellour be permitted to take, or Client to give above 10.s. for any one Motion or Hearing upon forfeiture of ten times the value, one halfe to the Common-wealth, and the other to the Discoverer: And that it be free for Giver and Taker to im_peach each other, and enjoy the benefit thereof; and the Councellour being twice convicted for taking greater fees, be made uncapable of further practising in any Court: And that no Councellor having taken his fee, do omit to be present precisely at the beginning of such Mo_tion or hearing as he taketh his Fee for; Nor move or plead in two Courts sitting at the same time upon the same penalty as aforesaid.

The greatest part of motions is grounded upon matter of fact, and is easie discernable, it requires not for the most part about ten or twenty words, which may be as well, & cheaper uttered by the party himselfe, or any friend of his, wherefore it is propounded.

The fourteenth Proposall.

XIV. That the parties themselves, or any Friend for them be permitted to speak if they desire it. And that not above two Coun_sellors be heard upon any Motion or Hearing, and that all persons be free to act as Attorneyes, as well as in any other Trade or Calling throughout the Nation.

The 15. Proposall.

XV. That all Motions and Causes for Hearing be entred in course according as the parties Clerks or themselves appear to desire the same: And whosoever intends to move in any Court, doe first give a Copie of what they intend to move for unto the Clerke of the other side; and if the other side yeeld unto it, or any part thereof within 48. houres, they may draw up an Order by consent: And for what they cannot agree, the party upon 24. hours notice may move: And if the Judge or Judges see cause to grant the motion, that be condemn the other side in double charges: And if that motion be denyed, then the party moving to be condemned in double charges: And that all such Orders be drawne out briefly and clearly, and as neer as may be to the pre_sent Rules at Common Law.

The sixteenth Proposall.

XVI. That one and the selfe-same Execution be taken and serve against person and goods both reall and personall in any part of Eng_land and Wales to be directed to all Sheriffs in generall, but to be served by the party himselfe, in whose favour it was granted if hee please, or by whomsoever else he shall employ: And the like for all other Writs and Notifications, provided they be persons of Integrity who are so employd, except to give notice of a tryall or hearing, which may best be done by a publique Officer.

The seventeenth Proposall.

XVII. That the unnecessary sealing or Writs, &c. be forborne, and that all dates be expressed by the day of the moneth and a year, and that all Writs be sent open and directed to all Sheriffs in generall, or to such other publique Officers as for their sallary and fees, or other_wise doe voluntarily accept thereof. And that what persons soever be_ing to be served with any Processe. The Sheriff or his Deputy so soone as he receives the Processe, be obliged by himselfe or his Agents to re_paire within three dayes unto the dwelling house or habitation of such person upon five pounds penalty, and not meeting with him, to leave a notification thereof in writing nailed upon the door, or gate, which no person may dare to take downe, but the party himselfe, whose name is to be endorsed upon the outside, that it may be apparent to whomsoever enters or passes by: And if such person within other three dayes ap_peare not to the Sheriff or his Deputy to be served with such Processe; That then the said She_riff return such Processe by the first or second Post next following, or by some Messenger who may bring it with like speed upon penalty of 20.s. a day for such dayes which such Processe shall be longer delayed to be levyed of course by the Sheriff of any of the next adjoyning Counties on the Lands and Goods of the said Sheriff to the behoofe of the party who tooke out the Processe, together with his charges, without the least mitigation.

The eighteenth Proposall.

XVIII. That the Sheriffs their Deputies, Bailiffs, and other Offi_cers have their known Residencies where the people of the Nation may be sure to finde them at their usuall houres, and be dispatched with_out delay.

The nineteenth Proposall.

XIX. That whosoever shall undertake the serving or executing of a Writ, and reveale the same, whereby the party escapes, or omit to serve such Writ, or to Arrest any person, when he or they might probably have done it: And having apprehended him, shall not forth_with deliver him up into safe custody, without making any stop or stay by the way. Or that shall not keepe him from escaping, or suffer him to be rescued through connivance or want of diligence, shall be liable to make good all charges and damages ensuing thereupon.

The twentieth Proposall.

XX. That for the future all Rules, Appearances, Imparlan_ces be entred in publique Bookes, or rather annexed to the Processe or other proceedings whereto both Plaintiffs and Defendants should be free to have recourse. And that Copies thereof be forthwith given unto their Clyents respectively by their said Attorneys and Clerkes up_on 20s. penalty for each default to the use of their respective Clyents together with whatsoever damages their Clyents shall sustaine for want thereof.

The Attorneys or Clerks in all Courts give rules or terms according to the custome of their respective Courts, all which they enter in their owne books, as also Appearances.

Now they themselves being Masters of these Bookes, they write in them what, and when they themselves will, and will not let their Clyents see but what, and when they list: So as it is clear, that the Clerks on both sides combyning to_gether, may use or misuse their Clyents as they please, their Clients not being able to hinder it, nor in any possibility of understanding when their Clerks play the knaves with them, much lesse to remedie it when they know the same.

The 21. Proposall.

XXI. That no person who hath not engaged himselfe by some Deed or Covenant under his owne hand, nor that is known to have a reall estate responsible, be liable to arrest till after Judgment. Nor other person, except upon Affidavit, that he conceales himselfe or his estate, or intends to conceale himselfe or his estate, or to leave the Land, or make his estate away beyond Sea.

The 22. Proposall.

XXII. That what person soever (being by casuall and unavoid_able losses, whether by Sea or Land, brought behind hand, and dis_abled to pay his debts, after sixe months imprisonment, if his Credi_tors require it, shall without all manner of deceit and collusion re_nounce all his both reall and personall estate to the behoofe of his Cre_ditors, except his owne, his wives and childrens wearing Apparell, Bedding, and Instruments particular to their Calling. As also 12.d. in the pound upon the value of whatsoever such person shall so resigne and renounce unto his Creditors to be divided amongst them ratuably, according to their respective credits, shall from that time forwards by the Judge of the place where such Debitors lives be discharged from all manner of actions which his said Creditors had against him. But if it appeare at any time afterwards, that such Debitor did con_ceale any of his Estate, whether reall or personall from his said Cre_ditors, or had before-hand made it over in trust to any person for his owne use, to the defrauding of his said Creditors, then shall the Debitor be lyable to be put in prison, and remaine there, and be kept at worke untill he hath satisfied his Creditors to the full. And that all persons under Execution upon actions of Battery or Trespasse: If they have not an Estate to satisfie such Executions, that their Fines be exchang'd into so many moneths or years working, to the benefit of such person as they have trespassed against: Or else into certain cor_porall punishment according to the nature and degree of the offence committed.

And since the lying kind of penall Bonds and Mortgages have beene long since anathematiz'd for usurious, not onely amongst such as would be accounted best Christians, but else_where; That we may not be worse Christians then they, more barbarous then any, nor the Lawyers to continue lon_ger to make a prey of us, it is propounded

The 23. Proposall.

XXIII. That all single Bonds and Bills of debt may tacitely imply an Obligation of Interest to be due, equall with the principall, from the day such Bonds and Bills became due, untill the day that both Principall and Interest be satisfied together with damages and charges: and that a duplicate of such Bonds or Bills voluntarily regi_stred in an Office for that purpose, and from thence certified at the Obligors request unto the County Register be entred as an Incumb_rance upon such Obligors lands by the said County Register, who shall also endorse the said registring or enrolling upon the principall Bond or Bill to be secured thereby, according as it comes in course; and that the said Bonds and Bills being assigned over from one man to another as often as the parties pleas may be good in Law, and stand irrevocable, and enjoy the same Priviledges being registred as aforesaid.

So great a part of our civil Covenanting hath been by way of penall Bonds, Morgages, and such like Usurious and Ex_tortionary Contracts, as most clearly demonstrates this Nati_on, not onely to have been far from true Christianity, but to retaine very much of Barbarisme. First in that our Bonds are commonly made for double the debt, and so make all par_ties even under hand and seals before Witnesses, to be lyars upon on Record, and Morgages the like: And both one and other upon failer of a day, forfeited at Common Law irrevocably. But shall we be accountable for every vaine idle word, and shall we scape scot-free for our lying extortionary Contracts, because they are according to customary fundamentall Lawes of England? Certainly no other then the Devill, by his instru_ments the Lawyers, could be the Inventers and Upholders of such Lawes, such Contracts, and thereby of their own Trade, and Mystery, their robbing and tormenting of a Nation; the greatest part of Law-suits arising from such devillish and un_christian-like ensnaring Bonds and Contracts; for a Usurer or Money-monger, desiring to make the greatest improvement of his stock, advises with his Lawyer, who bids him take his Debitor by the throat, get a Mortgage of him, an absolute Bargaine and Sale, or a Bond with double penalty, and per_haps all of them together, to hold him so much the faster. Secondly, when the poor Debitor feeling the Rope about his neck, expresses an unwillingnesse to be made thus accessory to lying and his owne ruine, it is told him, the Chancery will forgive and pardon him; whereupon to prevent strangling at that instant, he sets his hand and seale, and gets a Reprieve for six moneths longer, or some such breathing time, which being expired, the Creditor is not admitted to goe the nearest way about by the Chancery, to regaine his principall with interest and charges, which some of them would be contented with, but must first goe to Common Law, and get the forfeit_ure of the Bond, and an entry upon the Mortgage, and after_wards use the best means he can, that the Chancery after some yeares progresse, may make an end of undoing what the Com_mon Law had done, before he can be at liberty to receive and injoy any part of satisfaction.

In briefe,

I. Cashiere all supernumirary Officers, as the Masters of Chancery, Six Clerks, Prothonotaries, with all such as serve themselves more then the Common-wealth, and let necessa_ry Officers, such as serve in person, as well as Judges, have standing Salaries, whereof they may live comfortably, and not take any manner of Fee or Gift, money, or moneyworth. 2. Let all parties be heard and dispatched as they come in course. 3. Let the Judges be fineable for every erroneous or unjust judgement. 4. Let the party demanding, put in his demand in writing, signed by himselfe, and leave a Copy with his adversary, who may be obliged to answer as speedily as the place where he lives, and other circumstances permit, and each be finable to the other, full costs and dammages, if they ask what is un_reasonable, or deny what is reasonable. 5. Settle the County Register of Lands, with their incum_brances, so often promised, and so much seemingly intended by the last Parliament. 6. Encourage in such (or any better) manner as is pro_pounded, a voluntary Register of Bills and Bonds, whereby they will become currantly assignable; which two Registers onely would have much relieved us from the Lawyers op_pression. 7. Let there be no distinction of Courts of Chancery and Common Law. 8. Let there be County Courts, and let the Judges or Com_missioners thereof have power to judge all Causes indifferent_ly, having regard both to the letter of the Law, and the equi_ty thereof, as in a middle way between them both. 9. Let but one, or at most but two Councellours be heard on any side, either at Motion or Tryall; and that the parties or any friends of theirs, be free to speak in the Cause. 10. Let the Judges peruse the whole proceedings, and signe the Judgements, and Decrees themselves, and be obliged to condemne the guilty in interest, charges, and all manner of dammages; so may we for the future be happy in the Lawes protecting us, as we have hitherto been miserable, through their entanglements and thraldome.

But since neither a new body of Lawes can be prepared on a sudden, nor the old Lawes or proceedings be so soon new modelized as were to be wished; as also in that there are mul_titudes of Causes, both at Common Law, and in Chancery, which cannot be dispatched for want of time, and if turned over unto the new model, in the perplexed condition they are in, would never suffer the Judges to get before hand with their worke; It is therefore humbly Propounded in the meane time,

I. THat the Upper Bench Court, Common Pleas, Exchequer, and the Dutchy, doe continue to heare and determine Causes, as well in the Vacations, as in Tearme, untill all Causes be determined. II. That two Judges may be a Quorum to all intents and pur_poses, in the Upper Bench, Common Pleas, and the Exchequer, and any one of them in the Dutchy. III. That if any one of the two, or both Judges of the Upper Bench, Common Pleas, or Exchequer, or the Judge of the Dut_chy happen to be visited with Sicknesse, or otherwise prevented from attending upon his, or their respective Courts, that then any of the other Judges may supply his or their stead, and such Court to sit the same day in the Afternoone, and publique notice thereof to be given, so soone as it can possibly be done. IV. That to the Judges which by this meanes will be spared at Westminster, may be added so many more, as may goe the Cir_cuites every two Moneths throughout the Land, untill all Causes bee determined. V. That there be added three Commissioners more, unto the Chan_cery, any two whereof to be a Quorum to heare and deter_mine Causes daily in three Courts, to prevent the buddling over Causes as at present, untill they be determined; and if any one of the said six Commissioners, or Master of the Rolls, happen to be prevented as aforesaid, any of the other to supply his roome, and such Court to sit in the Afternoon, and publick notice there_of to be given as aforesaid. VI. That all Motions and Causes for hearing, be entred in course, according as the parties or their Clerks appeare to desire the same, and that whosoever intends to move, whether in Chancery, or at Common Law, doe first give a Copy of what he intends to move for unto the Clerk of the other side; and if the other side yield unto it, or any part thereof, within forty eight hours, they may draw up an Order by consent; and for what they cannot so a_gree, the party upon twenty four hours notice, may move, and if the Judge or Judges see cause, to grant the motion, that be condemn the other side in double Charges, and if the motion be denyed, then the party moving to be condemned in double Charges. VII. That each Court at first sitting downe, doe heare such moti_ons as are tendered, and so likewise at their rising daily. VIII. That for all Bills, Answeres, Demurres, Declarations, Pleas, Replications, Rejoynders, or others, which shall be put into any Court hereafter, that the party leave a copy thereof, signed by himselfe and his Clerke, as a true copy, with the Clerk of the other side, the same day the Originall is exhibited. IX. That the parties themselves, or any friend for them, bee permitted to speake, if they desire it, and that not above two Councellours be heard on oneside, upon any motion or hearing. X. That the Sheriffes, Deputies, Bayliffes, and other Officers, have their knowne Residencies, where the people of the Nation may be sure to finde them at all convenient hours, and be dispatched without delay. XI. That it be lawfull for any man to commence any manner of Suite, though upon a Bond in Chancery. XII. That the Judges in each Court upon their first sitting aske if there be any Paupers, and dispatch them first; and so likewise at last aske if there be any Paupers that could not get ready sooner, and dispatch them before the Court rise. XIII. That all Injunctions be directed to the Judges, and all other Officers of the Court whatsoever, as well as Councellors, Attor_neyes, &c. And that no injunction be granted after Judgement, unlesse the Judgement be obeyed, or upon the other sides putting in unquestionable Security, in case the Chancery determine the Cause against him; and no Injunction to continue above a moneth, unlesse the party that desires it put in unquestionable Security to abide the Judgement of the Court; nor so long neither, if the party that desires it, doe omit for one whole weeke together, to goe on, and doe all and every such Act and Acts as might have been done within the said weeke, in order to bring the Cause unto a hearing. XI. That all Writs be sent open, directed to all Sheriffs in gene_rall, and that what person soever, being to be served with any Processe, the Sheriffe or his Deputy, so soone as he receives the Processe, be obliged by himselfe or his Agent, within three dayes to repaire unto the dwelling-house or habitation of such person, upon 5l. penalty, and not meeting with him, to leave a notifi_cation thereof in writing, with some servant of his, but if none to be found, to naile it to the doore or gate; not to be taken downe by any body but the party whom it concernes; and if such person within three dayes appeare not to the Sheriffe or his De_puty, to be served with such Processe, that then the said Sheriffe returne such Processe by the first or second Post next following, or by some Messenger that may bring it securely, and with like speed, upon a penalty of 20s. a day, for every day which such Processe shall be longer delayed, to be levied forthwith of course, by the Sheriffe of any of the next adjoyning Counties, upon the lands or goods of the said Sheriffe, to the behoofe of the party that tooke out the Processe, together with his Charges, without the least mitigation. XV. That Execution, one and the selfe same be taken out, for the future, in all cases, and doe serve both against person and goods, in any part of England and Wales, to be directed to all She_riffes in generall. XVI. That all superfluous Fees unto the Six Clerks, Prothonotaries, with sundry others, be abolished, and that the under Clerks and Attorneyes, for engrossing Bills, Answers, Declarations, Pleas, &c. reserve to themselves but one halfe of what they used to take, and the other halfe to be shared between the Six Clerks, Prothonotories, and other necessary Officers, or such as shall suceed them. XVII. That all Fines and superfluous charge of Original Writs, ordinary Writs, Writs of Errour, and Process, Fines and Recoveries, Enrollments, or others, be from henceforth likewise abolished. FINIS.

|CLA |Y1668 THE TRYALS Of such Persons as under the NOTION OF LONDON---APPRENTICES WERE Tumultuously Assembled in Moore-Fields, and other Places, on Easter Holidays last, under Colour of pulling down Bawdy-houses. Taken At the Sessions in the Old-Bailey, On Saturday April 4. 1668. &horbar With Allowance. &horbar LONDON, Printed for Robert Pawlet, and are to be sold at the Bible in Chancery-Lane, near Ser_jeants-Inn, 1668. THE TRYALS Of Such Persons as under the Notion of LONDON--APPRENTICES Assembled in Moore-Fields and other Places on Easter_Holy-dayes last, under Colour of Pul_ling-Down Bawdy-Houses.

UPon Easter Munday last, being the 23th. day of March, in the 20th. Year of the Reign of our Sove_reign Lord the King that now is; It being the usuall time of the Apprentices Liberty for their Civil Recreations; A Rude Mul_titude of People being met together in Moore_Fields, where, being so assembled, were instigated by some Factious Persons amongst them; who, to colour their Design, insinuated into the Rabble the pulling down of Bawdy-Houses; Under which Colour of Reforming of Bawdy-Houses, they at length Raised a great Hubbub; and so increasing in their Disorders, in a Tumultuous manner, com_mitted many notorious Crimes; But, by the vigi_lancy of the Magistrates of the City, with the assist_ance of His Majesties Guards, were at last reduced; some of the Ring-Leaders whereof were apprehend_ed and committed to the Goal for their Offences, to receive their Tryalls according to the known Lawes of the Land.

And having been several times Examined, upon Confession of some, and Pregnant Proofe against others, by a special Jury of several Knights, Esquires and Gentlemen, of very great worth and esteeme, of the County of Middlesex,

These Persons following, to wit

Peter Messenger, Richard Beasley, William Greene, Thomas Appletree, John Earles, William Wilks, William Ford, Richard Farrell, Edward Cotton, Edward Bedle, Richard Latimer, John Sharpless, Richard Woodward, Thomas Limerick, John Richardson.

Were Endicted of High-Treason for Levying of a Publick Warr against our Sovereign Lord the King; and at the Goale-delivery of Newgate, held at the Sessions-house in the Old-Baly London, the First day of April, 1668, and continued till the 4th. day, on which said 4th. day in the presence of Sir John Kelyng Knight, Lord Chiefe Justice of His Majesties Court of Kings-Bench. Barons of His Majesties Court of Exchequer. Sir Edward Atkins Sir Christopher Turner Sir Richard Rainsford Together with Sir William Wild Recorder of the City of London; These Prisoners following, viz. Peter Messenger. Richard Beasley. William Greene. Thomas Appletree.Were first called to the Barr to receive their Tryalls; where, after Proclamation being made, they severally Pleaded to their Indictments; and put themselves for their Tryal upon their Country.

The Names of the Jury Sworn.

Anthony Hall, William Knight, Henry Francis, John Baker, Robert Shaw, Thomas Constable, Thomas Jennins, John Nichols, Ralph Bradshaw, John Saving, John Marsh, Henry Kent.

The Jury being Sworn, the Court proceeded to Tryal.

Kings Counsel. Mr. North.

You Gentlemen of the Jury, these four, Peter Messenger, Rich_ard Beasley, William Greene, Thomas Appletree, stand Indicted for High-Treason, having left their Obe_dience to our Sovereigne Lord the King, and being instigated by the Devill, upon the 24th. day of March last past, did Contrive a Design to Levy Warr and Rebellion against the King; being in the Head of Four or Five Hundred, Armed and Arraied: If this matter be proved against them, you must find them Guilty.

2. Counsel, Mr. Pemberton.

You Gentlemen of the Jury, these Prisoners at the Bar did contrive and levy war, and fell upon the Kings Of_ficers, and beat them, and broke the Prison, and let out the Prisoners, some for Felony: among the Mul_titude these were Four of them, as we shall endeavour to prove.

The names of the Witnesses called and sworn,

Richard Dowson. John Cowley. Henry Bull. James Martin. Abraham Brookes.

The Oath.

THe evidence you shall give between our Sove_reign Lord the King and the Prisoners at the Bar shall be the truth, the whole truth, and nothing but the truth. So help you God.

Counsel.

Sir, pray tell my Lord what you see these do on Easter Tuesday.

Witness.

My Lord, I saw this Richard Beasley in the head of four or five hundred; he had a sword, and I took his sword from him; he had Colours, a green Apron upon a Pole; I heard some of them cry, Down with the Redcoats, and I did see William Greene there too, but not Appletree.

L&dsup;. C. Justice.

Did they go with the multitude or no, or were they with them?

Witn.

They were with them; but I cannot say they went along with them.

Counsel.

Pray tell my Lord what the Multitude said at that time.

Witness.

When we fell on them, they run away.

Lord C. Just.

Did Beasley lead them on?

Witness.

They said he was their Captain.

John Cowley second witness Counsel.

Master Cowley tell my Lord what you saw.

Cowley.

My Lord, he cut me and wounded me on the hand. The Constable charged them to be gone, and disperse themselves; with that they struck at the Constable, and knocked him down.

L&dsup;. C. Just.

Under what pretence did they pull down any house?

Witness.

The Constable, and some more of us, beat them up Nightingale Lane, I know not what their pretence was; I saw Appletree there, for he was the first that struck at the Constable, this was on Easter Tuesday.

L&dsup;. C. Just.

Did you see Greene there?

Witness.

I cannot tell.

L&dsup;. C. Just.

Did you see them pull down any house? what did you hear them say?

Witness.

They said, Down with the Bawdy_houses.

Ld. C. Just.

Did you hear them talk of the Red_coats there? was Greene amongst them as one that helped and acted with them?

Witness.

I see him in Morefields on Munday, Tues_day, and Wednesday shout and throw up his Hat.

L&dsup;. C. Just.

What did you see them do?

Third Witness.

All that I saw was that Peter Messenger come along with the Colours in his hand, and I took him and carried him to prison my self; I did not hear them cry, Down with honest houses, but Bawdy-houses, I did not see all those, but onely these two, (pointing to two at the Bar.)

L&dsup;. C. Justice.

Ay that was the Captain and the Ensign.

Fourth witness Henry Bull.

My Lord, I saw this Beasley and Messenger in Moore-fields pulling down houses on Munday and on Tuesday in the head of three hundred, and at that time we routed them; On Wednesday they came with four or five hundred, and cried, Down with the Redcoats.

James Martin fift Witness. L. Ch. Just.

What can you say?

Witness. All I know is, Beasley made a blow at our Ensign, and struck at him with his Sword.

L&dsup;. C. Just.

What was their pretence?

Witness.

I cannot tell that.

Another Witness.

I see Thomas Appletree help to pull down Peter Burlingham's house, and broke an_other.

Serj. Wild.

What Company had they?

Witness.

About three hundred.

Ld. C. Just.

Had they any Colours? what did you hear them declare?

Witness.

I heard them declare nothing, for I had like to have been knockt on the head.

L.C. Justice to the Prisoner Beasley.

Well what do you say for your self, you hear it is sworn against you, that you were at the head of this Rabble, and they called you Captain, and you lead them up, and when the Constable came to command peace in the Kings name, you fell on him, and wounded him, so that he is hardly able to be here this day; Why did you gather this multitude together? It will behove you to make your Answer, what reason had you for it?

Beasley Pris.

I do not know the reason.

L. Ch. Just.

I speak to you, that you should give a reason; After all this trouble that we have had in this Nation, it is a sad thing that a great number of giddy-headed people must gather together, under pretence of Reformation, to disturb the peace of the Nation again, if you can say no more for your self, there will be little trouble with you.

Serj. Wilde.

What was the meaning of your ga_thering together?

Beasley Pris.

We went to pull down Bawdy_houses.

L Ch. Justice.

How did you know which were Bawdy-houses? if you had known them you might have indicted them, there is law against them, but this is a strange kind of Reformation, if a Rabble come and saies, This man is a Papist, and this keeps a Bawdy-house, and would pull it down, this is a mad Reformation.

Messenger Pris.

My Lord that man hath sworn I was out on Tuesday, it was Wednesday before I came forth, but staid at home with my wife, because I would not be among them.

L. Ch. Justice.

Did not you carry a green Apron on a Pole for your Colours?

Prisoner.

My Lord, as I passed along by the Rout they flung a Bottle at me, and had like to have knockt me down, and tore my Apron off, and char_ged me to carry it on a Pole, and I would fain have come away from them, and could not.

L. Ch. Justice.

Make this appear, that you would fain have got away, and that they did force you to do what you did, and I shall be glad of it.

Prisoner.

There is none of them here now that were there then.

L. Ch. Justice.

Then all that you say is of little use: for it is no great thing to make a lye to save ones Life.

Prisoner.

God is my Witness.

L. Ch. Justice.

Have a care what you say.

A Constable wit_ness Sworne. L. Ch. Justice.

What say you of these four at the Barr.

Constable.

My Lord, I heard they were pulling down Houses, and I did what I could to preserve the Kings Peace; and that day I did save a great many houses and goods; the next day they were near my own house, and I did endeavour to do the same; and this Fellow with his Company did surprise my Men, and knockt me down; yet I Commanded the Peace, and they beset me round about, and cut me over the hand: I do remember that Beasley. VVe were in a place where there were three turnings, but they knockt me down, and beat me so, that I could not tell who it was that did hurt me.

L. Ch. Justice.

Do you know any more of this Company.

VVitness.

No, my Lord: for if the Soldiers had not come, they would not have left till they had killed me.

Counsell.

Had you your Staffe?

Constable.

Yes; But they took it away from me.

Another witness.

I saw Messenger on Tuesday, though he sayes to the contrary.

L. Ch. Justice.

Messenger, You hear what is said against you, you say you were not out on Tuesday, he hath Sworn you were at the head of a Company with a Green Apron on a stick, and led them up.

Prisoner.

I was not there.

Henry Bull VVitness.

I saw him (my Lord) on Tuesday, he and Beasley, about eleven of the clock in Moore-Fields, and they had gathered a great multitude of four or five hundred, and then they made an attempt to come into our Parish, and they cried, Down with the Redcoates.

Messenger Prisoner.

Pray, my Lord, let my VVit_nesses be called in, for they Swear false.

L. Ch. Justice.

Your VVitnesses shall be called, a little of due consideration before-hand would have done you more good then now.

Mr. Glover and Mr. Bennet the Prisoners VVit_nesses. L. Ch. Justice.

What say you concerning the Priso_ner.

Glover.

I can say (my Lord) he was till five of the Clock on Wednesday at Mr. Bennetts House in Golden Lane.

L. Ch. Justice.

Where was he on Monday and Tuesday.

Glover.

I know not.

Bennet.

On Wednesday he was at a Kinsmans house.

L. Ch. Justice.

These two Witnesses gives no ac_count at all of you, where you were on Monday and Tuesday.

L. Ch. Justice.

Greene, What say you?

Greene.

I was not among them.

L. Ch. Justice.

It is sworne you were amongst them and threw up your Cap. Were you not knockt down?

Prisoner.

Yes my Lord.

L. Ch. Justice.

How could you be knockt down if you were not amongst them.

John Cowley VVitness. L. Ch. Justice.

Did you not see Greene in the Multitude?

Cowley.

I see him do nothing: but I see him with a Staff in his hand; I did not see him act any thing but follow the Colours.

Greene. Pris.

I was not among them but as I came home.

L. Ch. Justice.

You meane you did not take part with them, but you were there: It is Sworn you were upon Tuesday, following your Captain and the Colours: It is Sworn by Mr. Bull you were among the Rabble, and were knockt down: now, if the Ju_ry do not believe that you did act among them, we will leave it to them.

L. Ch. Justice.

Appletree, What say you?

Appletree.

As I was passing along (my Lord) I saw a Crowde, and I went to know what was the mat_ter, and there came a Company down, and some running after me did me a mischief; I did not see the Constable, nor say, Knock him down.

L. Ch. Justice.

It is Sworn that you were the first Man that struck the Constable, and that you were at the pulling down of Burlinghams House.

Prisoner.

I did not offer to pull down his house, nor strike the Constable.

Abraham Brookes VVitness.

My Lord, he was in Peter Burlinghams house, and broke it down, so that you might have riden a Horse through it; I spake to him two or three times to leave off, and if I had not stoopt suddenly he had struck me down with a Bed-staffe.

Cowley VVitness.

I did see him on Tuesday with their Company, and I did see him strike at the Con_stable.

L. Ch. Justice to the Jury.

Gentlemen of the Ju_ry, you have heard what these say; The Prisoners are Indicted for High-Treason, for Levying of Warr against the King: By Levying of warr is not only meant, when a Body is gathered together, as an Ar_my is, but if a Company of People will go about any Publick Reformation, this is High-Treason, if it be to pull down Inclosures, for they take upon them the Regall Authority, the way is worse then the thing: These People do pretend their Design was against Bawdy-houses, now for Men to go about to pull down Houses under the pretence of Bawdy_houses, with a Captain, and an Ensigne, and VVea_pons, if this thing be endured, VVho is safe? It is High-Treason because it doth betray the Peace of the Nation, for every Subject is as much wronged as the King; for if every man may reforme what he will, no man is safe: therefore this thing is of a des_perate Consequence, we must make this for a pub_lick Example: There is reason we should be very cautious, we are but newly delivered from Rebellion, and we know that that Rebellion first began under the Pretence of Religion and the Law, for the De_vill hath alwayes this Vizard upon it; VVe know that that Rebellion began thus, therefore we have great reason to be very wary that we fall not again into the same error, but it should be carried on with a watchful eye: And because Apprentices hereaf_ter shall not go on this Road, we will have the so_lemne Resolution of all the Judges, and therefore you are to find it specially. You must find the mat_ter of Fact, And We will Assemble all the Judges together in a Sober way, to give their Judgment, whether it be High-Treason or no; not that we do doubt of it now, for we know it is High-Treason, but for general satisfaction. It is proved that Bea_sley went as their Captain, with his Sword, and flou_risht it over his head; Messenger was there with his Green Apron on a Pole in Morefields on Tuesday, and on Wednesday he was in the same posture a_gain.

Prisoners.

My Lord, We would have our Wit_nesses heard.

L. Ch. Justice.

You shall have no wrong done to you?

As for Greene it is proved he was with them shout_ing, and casting up his Cap: Now the Act that any one does in such a Tumult is the Act of all, if they all joyn together. He was on Tuesday following there, and on Wednesday he was taken. And then for Appletree he was the first Man that struck the Constable, and pull'd down Burlinghams house.

Edmund Bedle. Richard Latimer. to the Barr.

Bill of Indictment.

You that are now called, being moved through the Instigation of the Devill, and having not the Fear of God before your eyes, have withdrawn your Obedience to our Sovereigne Lord the King, and against him did imagine and contrive Warr and Re_bellion the 24th. day of March, with four or five hundred Persons in a Warlike manner arraied with long Pikes and other Armes, there met and assem_bled, against the Peace of our Sovereign Lord the King His Crown and Dignitie, &c.

Witnesses Sworne. William Badley, William Riggs, John Maldey. John Williams. K. Counsell.

Gentlemen of the Jury, Bedle and Latimer stand Indicted for High-Treason, wanting that love and obedience that every man ought to have of his King, did the 24th. day of March assem_ble themselves together, to the number of four or five hundred persons, to Levie Warr and Rebellion; if we prove this, you must find them Guilty of High_Treason.

Gaylor of Finsbury Prison. Witness Sworne.

Counsell.

Tell my Lord what you saw.

2Witness.

I can charge no particular Person, I was from home; and when I came home I found the Prison doores open, and they had let out their own Company and two others; and I locked up the Pri_son doores, and they gathered together about the Prison, and there came their Captain with his Halfe_Pike, and Commanded me to open the doore; I told them, I would not open the doore: they told me, VVe have been Servants, but we will be Masters now; and if you will not open the doore, we will do your business for you by and by: They had Swords and Belts, and Halfe-Pikes, and they did push at me; And I came to a Parly with them when I saw there was no remedy; I let their Captain in, and when he could find none of his Company there he went away; but had it not been for the Com_pany that stood without I would have kept him fast enough.

Another VVitness Sworne.

L. Ch. Justice.

VVere any of these that stand at the Barr at Clerkenwell with a stick in his hand?

VVitn.

Yes (my Lord) I saw Latimer there knocking at the Gate, and the Prison was broke o_pen; and there came down Justice VVelsh to them to disperse them, but they let out two of their own Rabble, and two of the Felons.

Another Wit_ness sworn.

Nine of the Clock on Friday, I went to the Gate of the New_Prison, and there came and clapt a Bar in between the Gates to open them, and I saw Latimer throw_ing stones at the Windows. Justice Welsh being there, would have taken some of them, and they cried out, one die, and all die.

William Riggs, witness, sworn.

I saw Bedle, and took him; their number was about four or five hundred; and I got out two Files of Men, and took four men more, whereof this Bedle was one of them.

Judge.

What do you say to this?

Latimer.

This man hath a spight against me, (my Lord) for getting up behind the Coach, I let my Whip fall, and gave him a lash.

L. Ch. Justice.

But what sayes the other against you? what made you there? And Bedle, what do you say for your self.

Bedle, Pris.

My Lord, I was in Southwark, and came from thence to Bishopsgate-street, and met with a Friend, and we drank four Flagons of Beer; so that I got a little too much drink in my head; and I stood and looked a while at the Priso_ners in Bishopsgate, and my Uncle coming along, I went with him a little way, and then turned about and left him; and there was a man came and said, Brother, will you not go and see what they do in the Fields? and it was my hard fortune to be among them, but did not any hurt, blessed be God; but I followed them without doing any harm, and they went down Old street to Clerkenwell, but I did not break the Prison, nor do not know where the Prison is; for there was a Company made up to them, and they began to run.

L. Ch. Justice.

What did you say when they run away, did you not say, Face about?

Prisoner.

Your Lordship heard so, but I did not say face about.

L. Ch. Justice.

You Gentlemen of the Jury, you see what their Indictment is; They gathered a mul_titude together at Clerkenwell, and they had a Cap_tain with a Half-Pike, that came to the Prison and forc'd open the door, and brought out two of their own crew, and two of the Felons, and they said they had been Servants before, but now would be Masters; and they cried out one die, and all die. And you have three Witnesses that swear that these two were there. Latimer especially, the Keeper, sayes he was forc'd to come to a parly with them, and took in their Captain, to give him satisfaction that there was none other there of their gang. Bedle sayes he was there but he was drunk, which is no sufficient excuse.

Richard Cotton called to the Bar. John Earles called to the Bar. William Wilde called to the Bar. Richard Farrell called to the Bar. William Ford called to the Bar.

Their Indictment read.

Sir Philip Howard witness sworn. L. Ch. Justice.

Sir Philip speak what you know of these men.

Sir Ph.

I delivered these men into the Constables hands.

Counsel.

Did you not see a multitude of these people gathered together in a warlike way, if so, tell my Lord?

Sir Ph.

There came some sober people, and told me that the tumult was greater then it was when my Lord Craven was there, and they did desire my as_sistance, and so I went into the Fields, and divided my men half on the one side, and half on the other, and the people looked upon us so contemptibly, that they told us we should quickly be unhorsed, there_fore I charged my men not to let any man come with_in my Arms.

L. Ch. Justice.

Had they any Colours?

Sir Ph.

They had a Sheet for their Colours, and when they saw my Horse they got into the Field, and stood as if they did not fear us, and I ordered some of my men to go and take him that had the Co_lours, and so our men did, and I called for a Constable, but there was no Constable to be found, and I thought my self to govern them, and to bring them into better order, at length this man came with his watch, and I delivered them into his hands, and I believe these are the men that I delivered to the Constable.

Sir Edward Fish, witness, sworn. Counsel.

Pray, Sir, look upon the Prisoners; and see if you know any of them.

Witness.

I cannot say that these were any of the persons that we did take, but there was a multitude of them gathered together, and we did desire them to go home, and they took up Brickbats in their hands, and said, They had as much to do there as we had. I took a Hanger from one of them my self, which is here in the Court.

Robert Hoydon, witness, sworn. Counsel.

Tell my Lord what you heard this Rabble of peo_ple say.

Witness.

There came a Troop, and they thought it had been the Duke of Yorkes Troop, and they ran with Brickbats in their hands to them, and said, that if the King did not give them Liberty of Conscience, That May day must be a bloudy day.

Another witness sworn.

L Ch. Justice.

Speak what you know of these people.

Witness.

My Lord, they asked if the Duke of York were there, and answer was made, Yes, think_ing they would have been satisfied and dispersed, but notwithstanding they came up to the Wind_mills and flung stones amongst us.

Captain VVilding witness, sworn.

My Lord, we did desire them by fair means, to disperse themselves and go home; they told me no, They would be with us ere long at VVhite-hall.

Another Captain sworn.

My Lord, I was forc'd to make some resistance, but they flung stones very thick at us, saying, These Life_guard Rogues are but a few, and because I com_manded one of my Officers to seize on one of them, they cried, Knock down the Rogue.

Another sworn.

My Lord, I desired them to go home, their answer was, that we were Rogues and Dogs, and ere long they would come and pull VVhite-hall down, and their word was, Hey now or never.

Constable sworn.

My Lord, I had these three at the Bar, but VVilde was none of them; pointing to the third.

Lord Ch. Justice.

You say the other were.

Constable.

Yes.

Pike and Gillington witnesses sworn.

Pike.

I did see this Cotton breaking down Bur_lingham's house.

Gillington.

I can speak of the tall man Cotton, I will swear he was one of them.

L&dsup;. C. Just.

Sir Philip Howard saies he delivered Five to the Constable, and the Constable saies he does not know whether these be the persons or no, but it is the same thing if they were among those that did it.

Serj. Wilde.

Yea, the thing is the same.

L&dsup;. C. Just.

You hear your Indictment is for High Treason, you are persons of the same Com_pany, what do you say for your selves?

Prisoners.

We were not there.

Serj. Wilde.

The Constable swears it.

Constable.

I cannot say, these were they, but two of them, Farrell is one.

Prisoner.

I was walking to Islington, and I did march a little way with them, but did nothing.

L&dsup;. C. Just.

Where were you taken.

Prisoner.

By Hollawell Lane, and I was all alone, and a Horseman rode after me, and asked me, if I were not one of them.

L&dsup;. C. Justice.

All the Constable can say is this, There were men delivered to him from the Guard, and this man does not deny but that the Guard took him, but he did nothing, but many people are wal_king abroad in the Holidays; it is pity to take away a mans life without sufficient evidence.

Lord Ch. Just.

Farrell, what do you say?

Farrell.

I was with my father and mother all the Holidays.

L. Ch. Justice.

Cotton, What say you?

Cotton,

I came through Moorefields about noon, and I was taken by one of the Life-Guard.

Serjeant Wilde.

But you were pulling down a house.

Witness.

He was pulling down a House on Mun_day I was informed, and he was commonly among the Players at Pigeon-Holes, and after he had been pulling down a house, he was looking about to see what he could light of.

Prisoner.

As I have a Soul to save he Sweares falsly.

L. Ch. Iust.

Have a care what you say.

You Gentlemen of the Jury here are five men more that are Indicted for the same disorder that the rest were, and we have now a little more discovery of their Rising, and we have discovered other Colours, for they thought the Duke of York had been in the Fields, and that enraged them the more, they ta_king Sir Philip Howard for the Duke of York; and when they did desire them to disperse themselves and go home, they said, They would not for such Rogues as the Kings Life-Guard were, but they would soon be at Whitehall; but you shall see what a Disguise is put upon it, If the King will not give us Liberty of Conscience, May-Day shall be a Bloody-day: This is Gentlemen to give us an Alarum, that we may not be too secure; And this must be punished as High-Treason, else we do destroy all. I think no body would have the Innocent to suffer: I had rather a Guilty Person should escape, then a Guilt_less Person suffer. You hear the Constable cannot Swear that all those were the Men, and some others, because in such a Hurry a particular person cannot be known, except you know any of them by sight; I cannot see how you can find them Guilty, God forbid:

John Richardson to the Bar. Thomas Limbericke to the Bar. Richard Woodward to the Bar. Counsell.

You Gentlemen of the Jury, these three that were called last to the Barr stand Indicted as the others, for Levying Warr and Rebellion in Hol_bourn; you shall hear the Evidence, and if we make good the Evidence, you must find them guilty.

William Rogers Sworn witness.

My Lord, I found this Man at the head of a Party, and I took him, and committed him to the charge of a Com_pany.

L. Ch. Justice.

Was he leading them on? Are you sure he was there?

VVitness.

He will not deny that he was there, but he made no resistance at all: for we had three or four Companies ready to surprise them.

Mrs. Burlingham witness sworn.

My Lord, This was the first Man that laid hands to pull down my house.

Serj. Wilde.

Mistris, was yours a Bawdy-house?

Mris Burlingham.

No but they dragg'd me out of it.

L. Ch. Justice.

Was your House pull'd down?

Husband's Answ.

Yes: and all my Goods de_stroy'd, and Ten pounds in Gold taken out of my Wives Pocket.

Another Wit_ness sworn. Judge,

What can you say of Wood_ward?

Witness.

I cannot say he did take any thing out of the House that I know of.

L. C. Justice.

I do not ask you that; but did he go along with them, or had he a Staff in his hand?

Witness.

That John Richardson, (my Lord) is a Tapster; I heard him say he had made work for us, for he had helped to pull down a house.

John Hand Wit_ness, sworn.

My Lord, on Saturday last at six of the Clock, I heard him in the red hair say, I have made work for you all. I do not know what he is.

L. Ch. J.

What do you say for your self?

Limberick Prisoner.

My Lord, I went up to see what the tumult was doing, for I lodg'd hard by; and when they had pull'd down the House, some run one way, and some another; and I was going to Westminster, and as I was walking up Holbourn, the rest of them were at my heels.

L. Ch. Justice.

That was because you was their Captain, and dragg'd the Woman out of the House that sayes she hath lost all she had. Woodward what say you?

Woodward.

My Lord, Mr. Brooks gave me a black Pot to drink, and I staid no longer then the drinking of that.

L. Ch. Justice.

What do you say that Richardson pull'd down the Woman's House?

Prisoner.

My Lord, there was a Whore that clapp'd hands on me, and I wrung my self from her, and told her that her House should be pull'd down.

L. Ch. Justice.

Truly I see scarce an Apprentice among you all, and I am glad of it there is no more.

Witness.

I dog'd him home to his Master's house, but did not lay hold on him.

Prisoner.

I am very innocent of any thing of hurt that I did.

L. Ch. Justice.

Prove it.

Prisoner.

I was alone, How can I prove it. I was not all the Holidayes abroad.

The Apprentice Master.

All Monday he was at home, and on Tuesday he was at home.

Serj. Wilde.

It is impossible for him to be one of them, you might mistake.

L. Ch. Justice.

You Gentlemen of the Jury, in this case take notice; As for Woodward, they say he was there with a Stick in his hand: I would have you take notice that there is but one Witness, for the other you have his own braggs, if you will be_lieve him that he pull'd down a House; you have no other; if you will believe him to be a bragging fool you may. And now for Limbericks Witness, he shall be heard.

Prisoners Witness. L. Ch. Justice.

What do you know of the Prisoner at the Bar.

Witness.

This Man (my Lord) did lie in my House, and he did never stay after 9 or 10 of the Clock: He was at home every night betimes, and he did give me all his money to lay up, and he did earn 16 pence a day.

Another Woman Witness sworn. L. Ch. Justice.

What can you say?

Witness.

My Lord, I can say nothing but that he is a very honest man.

John Sharpelisse, Prisoner at the Bar.

His Inditement read.

Counsel.

Gentlemen, he at the Bar stands indicted for High-Treason, and stirring up Rebellion in po_pular at the head of 500 persons, and pulling down Houses in Ratcliffe High-way, which we shall endea_vour to prove.

John Harding, Owen Maxum. Witnesses call'd, but came not in against the Prisoner.

L. Ch. Justice.

Gentlemen of the Jury, you know for matter of fact you are Judges: if you are not satisfied in the Evidence, then you cannot find them guilty. Consider who those persons are where the Evidences have not given sufficient satisfaction.

The Summe of the Juries Verdict.

THe Jewry being dismiss'd to consider of their Verdict, after a short stay they return'd, and found that as to Messenger, Appletree, Beasley and Greene, that according to the time in the Indictment mentioned, they were met together in a riotous manner in East Smithfield in Middlesex, and about Moor-Fields, under colour to pull down the Baw_dy-houses. That their Captain was Beasley, who led them on with his Sword drawn, and that they had their Ensign carried by Messenger, which was an Apron carried upon a Pole, and so they marched with their Conductor. That they resisted the Con_stable who charged them in the Kings Name to keep the Peace, and struck him, and took away his Staff, and that these several persons were abetters in that tumult.

And as to Bedle and Latimer, they found that a great number of people were met together armed with Swords, Clubs and Staves, &c. at Clerkenwell_Green to break New-Prison there, and had their Commander who had a Pike in his hand, and came to New-Prison, and released the Prisoners, some whereof were committed for Felony; and that when they were commanded to be gone, they cried out that they had been Servants, but now they would be Masters, and that these persons were seen acting in the tumult and there taken.

As for Cotton they found, that the riotous persons were met together upon the 24&thsup; of March with a great number of people armed with their swords, and such like warlike weapons, for pulling down of Bawdy-houses, that when Sir Philip Howard with the Kings Guards came up to them, and commanded them to depart, they refused, and when it was given out that Sir Philip Howard was the Duke of York, thinking thereby they would be appeased, they were enraged the more, and declared, that if the King would not give them Liberty of Conscience, they would make May day a bloudy May day, threatning to pull down White-hall, and very contemptuously sleighted the Kings Guards, because they were but a small number, and this Cotton was proved to be one of them in the Action, and all along acting in the Riot.

And further, as to Limberick, he was met, with the same Pretence of pulling down of Bawdy-houses, being armed as the rest were, and was owned by the Rabble to be the Captain of their Company: that he with his Companions pulled down the House of Peter Burlingham, and stole his Goods; The rest were found Not-Guilty.

The Jury having thus found it specially, My Lord Chief Justice commanded the Prisoners again to the Bar, to whom he spoke to this effect, That we all now see what great cause we have to bless God, that we live under so merciful a Prince, and so good a Law as we now find we do live under; and that not only one Prince hath been so merciful, but such have been the gratiousness of other former Kings of Eng_land, that we shall rarely find any severity used in the execution of penal Statutes, where any fair means (which constantly hath been used,) could have any effect at all, That our Justice is not privately, but publickly administred in the sight of all people, like a Beacon that gives warning to all; so that all might take notice thereof, and avoid the like dan_ger that others have fallen into. That the Prisoners more especially ought to bless God, and seriously to reflect within themselves this great mercifulness of our King and Law: for hereby they see, they have not been served so as they have served others (for then upon the very apprehending of them they might have received their execution) but contra_riwise, they have had a fair Trial, not by strangers, but by their own Country and Neighbours, having had the liberty to speak what they could for themselves, and Witnesses for them, so that if it were possible all might have been found innocent, and heartily wished all could have been so found, and that some, blessed be God, are not found guilty, and to them he hoped this would be a sufficient warning, &c.

Now as to all these Eight, against whom the Verdict was specially found, the Court took further time (because they would advise thereof before they would give their judgment whether High-Treason or no, it being declared by my Lord Chief-Justice to be matter of Law; and in the mean time these persons are to remain in safe Custody in His Majesties Goal at Newgate.

And for the other Six, viz.

John Earls, William Wilde, Richard Woodward, Richard Farrel, John Richardson, William Ford.

The Jury found them not guilty, and so acquitted them of the offence whereof they stood charged, who after seve_ral Admonitions by the Court for their future good behavi_our, they were discharged.

FINIS.

|CLA |Y1673 THE Continuation of the Case between Sir WILLIAM COURTEN, his Heyres and Assignes, And the EASTINDIA COMPANY of the Netherlands, Concerning the Shipps BONAESPERANZA and HENRY BONADVENTURE, To the 23. of December 1673. &horbar With some Considerations annexed and Objections Answered. &horbar Recollected by E.W. for satisfaction of all Persons concerned. &horbar &horbar Printed in the Year 1673. The Continuation of the case between Sir William Courten, his Heyrs and Assigns, and the East-India Company of the Netherlands, concerning the Ships Bona Esperanza and Henry Bon_adventura. With some Considerations and Objections answered.

SIr William Courten late of London Mer_chant, Endimion Porter, Esquire, John Weddal, Na_thaniel Mountney, George Townesend, Thomas Kyn_naston, Merchants, and divers others Participants with them, set forth severall great Shipps, laden with money and Marchandizes, for the Coast of In_dia, China & Japan the Years 1636. 1637. & fol_lowing Years, for trading voyages persuant to their letters Patents under the great Seal of England.

After the death of Sir William Courten, William Courten his Son and Heir, and the surviving Partners, set forth the said Ships Bona Esperanza & Henry Bonadventura (inter alia) in the Year 1641. for supply of their Factories, and to bring home their Effects from India and Parts adjacent.

Afterwards William Courten being indebted to divers Persons, in severall great sommes of Money, amounting unto 100000. Pounds and upwards, for which Sir Edward Littleton, his Brother in law, stood obliged; The said William Courten did by his indenture and Bill of sale dated the 26. day of April 1642. graunt and assign all his Interest and share of stock in the said Ships and Factories in India to Sir Edward Littleton, for his indemp_tnity from the said debts, provided the surplus should be returned to the said Courten.

Afterwards William Courten and Sir Edward Littleton, reciting the first Bill of sale and a great debt of 24800 Pounds due to Sir Paul Pindar, they graunt and assign unto Sir Paul all their Interest and share of stock, in the Ships Bona Esperanza and Henry Bonadventura with all Freights, and proceeds by a tripartite Indenture and Bill of Sale dated the 19. of December 1642. Provided that the surplus should be applyed towards the discharge of Sir Edward Littleton's engagements.

On the 25. of June in the Year 1643, the said Ship Bona Esperanza with her lading, was taken in an hostile manner in the Streights of Mallacca, in her passage from Goa towards Maccao in China, by two Ships of Warr cal_led the Vendilo and Portogallo, commanded by Captain Vermeerren and Cap_tain Geeland (and the Lieutenant of the Fort at Mallacca) belonging to the East-India Company of the Netherlands, under a pretence that Mr. Courten and his Partners, traded with the Portugalls their Ennemies, not_withstanding there was a Truce made between the King of Portugall, and the States Generall, for ten Years in all parts of the Indies and Europe, which was concluded at the Hague on the 12. of June 1641. by Don Tristao de Mendoca Furtado, Embassadour from Don Iuan King of Portugall.

In the same Year 1643. the Officers of the said East-India Company toke the Ship Henry Bonadventura with her lading into their possession, near the Island Mauritius, and converted both the Ships and Goods to their own use, to the loss and dammage of Mr. Courten and his Assigns, and the rest of the Partners, the summe of 85000 Pound Sterling, as by the proofs taken in the High Court of Admirallity in England appears.

On the 5. of September 1644, the Proprietors having addressed them_selves to the High Court of Admirallity, and procured an Admonition to be given unto Monsr. Albertus Ioachimy, the States Embassadour then re_sident in England, Intimating that they intended to examine Witnesses, in perpetuam rei memoriam, concerning the spoyls and dammages of the said Ships and lading; Which Admonition was also affixed upon one of the Pillars of the Royall Exchange, where it remayned eight dayes publickly, to the end that the East-India Company of the Netherlands, or any Person for them, might retain a Proctor to cross examine any of the said Wit_nesses if they pleased.

In the Year 1647. Sir Paul Pindar makes a Procuration or Letter of at_torney to Jonas Abeels of Amsterdam Merchant, dated the 11. of Fe_bruary 1647/8. old Stile, and also sent him an authentick Copie of the said tripartite indenture, attested by Iosua Maniet of London Publicq No_tary.

In the Year following William Courten being insolvent by reason of other losses, absented himself and went privately to the Hague to Mr. Ia_cob Pergens, who was not ignorant of the Premises in every circumstance, having received the particulars of the dammages amounting unto 85000. Pound, yet nevertheless to imbroil the Subjects of both Nations, he perswaded Mr. Courten to make another Bill of sale dated the 22. of Fe_bruary 1647/8. reciting therein that Mr. Courten being indebted to the said Mr. Pergens in severall summes of monie, he graunted and assigned all his right and interest in the said Ships and lading to him the said Pergens, Pro_vided that Pergens should pay the surplus over and above his pretended debt to such person and persons lawfully clayming under Courten, which bill of sale was signed by William Courten and Iacob Pergens, and attested by Domi_nique Coulyn, David Goubard, and Salomon van der Heyde Publicq Notary in the Hague.

In the moneth of May following Gerrit Coren Publicq Notary at Am_sterdam by order of Ionas Abeels, insinuated his Procuration from Sir Paul Pindar and the Originall bill of sale from William Courten and Sir Edward Littleton, to the Directors of the East India Company, interdicting their payment of any monie for Courtens share and stock in the Shipps and lading aforesaid to any person or persons whatsoever, but unto the said Ionas A_beels in right of Sir Paul Pindar, protesting that if they did otherwise it should be no discharge unto them; which insinuation and Protest was done by the said Notary Publicq on the 25. of May 1648. in the Assembly of the said Directors at their Chamber in Amsterdam in the presence of Ian Iansen and Adrian Nys witnesses thereunto.

In the Moneth of October following, Ionas Abeels caused to be arrested in the hands of the said East India Company alle such summes of mony as should be found due from the said Company concerning the said two Shipps and their lading, that out of the said monies Sir Paul Pindar share and pro_portion should be paid in the first place to him the said Ionas Abeels in his quallity; which Arrest was made the first of October 1648. by Goosen Da_niels Bode or Messenger; And a second Arrest was made by Willem Ian_sen Bode or Messenger, in November following both which the Court de_clared to be valid.

Notwithstanding all these Admonitions and proceedings the Directors of the East India Company at their Chamber in Middelburgh on the 18. of September 1649. made an underhand agreement with the said Iacob Per_gens for 85000. gilders upon Caution given by the said Iacob Pergens and Peter Boudaen Courten of Middelburgh Marchant to save the said Company harmeles and indempnified from Sir Paul Pindar and others concerning the said Monie or any after claymes.

Ionas Abeels on the 17. of May 1650. understanding of the underhand agreement at Middelburgh, summons the Directors of th' East India Company before the Magistrates of Amsterdam, and declares against them that they should be condemned to pay the 85000. gilders to him in right of Sir Paul Pindar with dammages for the same untill effectuall payment.

Then the Directors of th' East India Company summoned Iacob Pergens, and Peter Boudaen Courten on the 13. of September 1650. to indempnify them from Sr. Paul Pindar for the said money, and free them of all Costs accordingly, as by the Acts of the Court appears. In the same Year 1650. Sir Paul Pindar dyed, and soon after Ionas Abeels dyed also. So the right of Action remained in statu quo.

In the Year 1654. William Toomes, Executor of Sir Paul Pindar, and se_verall of the Proprietors and Adventurors, exhibited their claym for the Originall loss and Dammages of 85000 Pound Sterling, before the English and Dutch Commissioners at London, appointed by the Treaty made be_tween Oliver Cromwel and the States Generall, which by a provisoe in the said Treaty was referred to the Protestant Cantons of Switserland, if the said Commissioners did not compose the same within three moneths.

Afterwards the Proprietors and Adventurors applyed themselves to Mr. Secretary Thurloe, for a Commission to be directed to the Protestant Can_tons, who answered that most of the Proprietors being Delinquents by Act of Parlement, for adhering to the late King, and soe they had for_feited their Estates, they could not expect any protection from his High_ness Oliver Cromwel, therefore perswaded them to desist from any fur_ther Prosecution pro tempore.

In the Year 1660. upon His Majesty's most happy restauration, severall of the Proprietors and Adventurors on the behalf of themselves, and the rest of the Interessed made their address to Sir Edward Nicholas, Principall Secretary of State, to move His Majesty to recommend their case con_cerning the Ships Bona Esperanza and Henry Bonadvantura to the States Generall for satisfaction and reparation.

Whereupon Sir Edward Nicholas having informed the King the true state of the case, and also intimated to His Majesty what great services and sufferings Sir William Courten and Sir Paul Pindar had undergone for the Crown of England, both in the time of King Iames and the late King, as also of the particular sufferings of Sir Edward Littleton, and severall of the other Proprietors, His Majesty was gratiously pleased to direct his Letter under his sign Manuall to the States Generall, signifying that the said spoils and dammages being committed against the Laws of common Amity, upon his Subjects who had merited so much from the Crown, he Earnestly required the States Generall to make satisfaction to the Persons interessed and injured, according to the proofs made in his high Court of Admiral_lity, signifying also that he was obliged in Justice and Honour to see it effected accordingly.

In persuance of which Letter and severall Orders of the Councell-Table for Instructions to Sir George Downing, who was then Envoy� Extraor_dinary for His Majesty at the Hague, divers Memorialls, Answers and Re_plyes passed between him and the States Generall in the Year 1662. con_cerning the said spoils and Dammages of those Ships Bona Esperanza and Henry Bonadventura, wherein the States Generall denyed not the matter of fact, but would have Evaded any other satisfaction to the proprietors and Participants, then what the East India Company by Combination had given to Iacob Pergens upon his fraudulent practise as aforesaid.

In that Year 1662. the States Generall having instructed Mr. Simon van Hoorn and Mr. Michiel van Gogh their Ambassadours in England, to get the said spoiles and depredations concerning the said Shipps to be morti_fied and Extinguished in the Treaty then depending at Whitehall, his Majestie declared he would breake of the said treatie unlesse satisfaction and reparation should be made for the said Shipps according to the said Letter of recommendation to the States Generall at the Hague as afore_said.

Where upon there was a particular Exception in the 15. Article of the said Treaty, concluded at Whitehall the 4. of September 1662. that the Dammages concerning those two Shipps Bona Esperanza and Henry Bonad_ventura should not be comprehended in the Extinguishment and mortification of former losses and Injuries in the East Indies, but reserved for reparation according to his Majesties Letters of Recommendation as afore_said, and Expressed in these words poterint litem inceptam prosequi &c. which agreement was also attested under the Hands and Seales of the late Duke of Albermarle, the Earle of Manchester, the Lord Hollis, the Lord Bartlet, Sir George Carteret, Sir Edward Nicholas and Sir William Morice, Commissioners that Treated with the States Embassadours.

In the Year following Sir George Downing in persuance of the said Trea_ty, held a Conference with the Pentionaris Iohn de Wit and the Deputies of the States Generall, in the presence of Mr. Peter van Dam, and two of the Directors of the East India Company in the Chamber of the States Generall to adjust the said Dammages, But in stead therof the Company made severall impertinent interpretations upon the Law of England in the Case of Sir Paul Pindar and Sir Edward Littleton; Notwithstanding the said Company had the Opinions by them under the hands of Sir Iohn Glynn, Sir Iohn Maynard, Sir Edward Turnor and Master Serjeant Bald_wynn, affirming that William Courten had nothing in him to grant to Iacob Pergens after the Bills of Sale to Littleton and Pindar, which made them absolute proprietors by the Law of England. Only there was a possibillity left in Courten to call them to Accompt after their debt should be paid, which opinions were also confirmed by Sir Giles Sweit, Sir William Tur_ner, Sir VValter VValker, and Sir Tymothy Baldwyn, Doctors of the Civill Laws, and delivered to Mr. Peter van Dam the Advocate of the East India Company.

Then Iohn de VVit offred 30000. pound sterling. upon Accompt of all the Proprietors and persons interessed, reserving the Civil right of Ac_tion against Iacob Pergens and Peter Boudaen Courten, for the 85000. gil_ders paid upon their caution as aforesaid, which offer was not satisfacto_ry, so the Generall dispute remayned also in statu quo.

Afterwards Sir George Downing did by his last Memoriall upon that sub_ject, dated the 24. of October 1664. give the States Generall a peremp_tory day to make of that business, intimating therein how ill the King re_sented it to be so slighted, and that his Majestie would not prostitute his Honour any further but Governe himselfe accordingly, yet all proved ineffectuall.

Then the Proprietors with others addressed themselves with a list of Dammages to the House of Commons in Parliament, the Bona Esperan_za and Henry Bonadventura being placed in the front of all demands; whereupon the Commons voted to assist his Majestie with their lives and fortunes in acquiring satisfaction and reparation, and soone after a decla_ration for Generall Reprisalls was ordered by the King and Councell a_gainst the States Generall and their Subjects, whereupon severall mil_lions of pounds Sterling were granted to his Majestie in Parliament for the prosecution thereof.

In the Year following the Earle of Shrewsbury, Sir Iohn VVolstenholme, Sir Iohn Ayton, George Carew and VVilliam Floyd Esquires, and others In_teressed, made application to his Majestie by petition for Espetiall Letters of Reprisall to remaine in force against the States Generall and their Sub_jects, untill the Originall losse and dammages should be reprised which was referred to the Judge of the Admirallity and his Majesties Advocates Generall, and severall other Doctors of the Civill Law, to Examine the whole matter and to reporte their opinion what was fitt for his Majestie to do further for his Subjects reliefe in that Case.

After severall Consultations and debates had betweene the said referrees Concerning the premises, Doctor Exton then Judge of the Admiral_lity Court, Sir Robert VViseman, Sir VVilliam Turner, and Sir Timothy Baldwyn, made their report to his Majestie, that in this case of spoiles the_re was no remedie left but Especiall Reprisalls to continue in force against the States Generall and their Subjects, untill the debt and Dammages (wich they found upon proofes to arise unto the summe of 151612. pound sterling) should be recovered with Costs, or a Composition made for the same betweene the East India Company of the Netherlands and the parties Interessed, whereof the said Company were obliged by the Law of Nations to take notice of.

In persuance thereof Letters Patents under the Great Seale of England dated the 19. of May 1665. were granted unto Sir Edmond Turnor, and Mr. George Carew (Administrator of Sir Paul Pindar) their Executors Administrators and Assignes on behalfe of them selves and all the Interes_sed to continue in force accordingly, with this Especiall clause and Provi_soe therein contained, that notwithstanding it should happen that a peace and agreement should be made betweene his Majestie and the States Ge_nerall for the Generall Reprisalls, yet it should be lawfull for the said Tur_nor and Carew and their Executors and Assignes, to putt the said Letters Patents in Execution for Especiall Reprisalls from time to time untill they had recovered the said debt of 151612. pounds with all Incident Char_ges, or that the East India Company of the Netherlands should Com_pound with the Proprietors and other persons Interessed in the same.

In the Year 1666. Mr. Iames Boev� delivered a Copie of the said Letters Pattents to Mr. Peter van Dam, at the East India Chamber at Amsterdam, and requested him to move the said Company to compose the said debt and Dammages in an Amicable way rather then to leave it in dispute from Generation to Generation, to the prejudice of the States Generall and their Subjects.

In the Year 1667. during the Treaty at Breda, the States Generall ha_ving suprized the Kings Shipps at Chattam, severall of the Proprietors freinds in the Hague moved the Pentionaris Iohn de Wit, to incite the Sta_tes of Holland and the East India Company to give some Honorable satis_faction for the Shipps Bona Esperanza and Henry Bonadventura (which had bin so solemnely debated in former Treaties) being more for the Interest of their Country then to insist upon such scandalous Articles as they had framed and sent to Breda concerning the said Dammages, which could not extinguish the debt or make void the Letters Patents, to Turnor and Ca_rew any more then to disannull the 35. Article of the States Patent to the East India Company of the Netherlands, whereby they make peace and Warre with all Princes and States whatsoever at their pleasure from the Cape Bon Esperanza to the Streights of Magelanus, yet Iohn de Wit and his Complices persisted in their projects, and would not hearken to any other advice.

In the Year 1671. the States Generall having made severall Breaches of the Treaty at Breda, and denyed Common Justice to his Majesties Sub_jects in their ordinary Courts of Judicature in Holland and Zeland, severall of the proprietors and Interessed Persons in the said debt and Dammages, made fresh applications to his Majestie by petition, and prayed that his Majestie would please to insist upon reparation and satisfaction in an Ex_traordinary way according to the merits of their causes, and Espetially for the debt of 151612. pounds ascertained under the Greate Seale of Eng_land as aforesaid, which said petition was by order of Councell referred to the Lords Commissioners of the Treasury and the two principall Secreta_ries of State, who made a report to his Majestie, that the States Generall having bin refractory in severall Articles of the Treaty at Breda, his Maje_stie and his Subjects were at libertie both in justice and Equity to require full satisfaction and reparation in Mr. Courtens Case, notwithstanding the said Treaty at Breda.

In persuance thereof his Majestie was gratiously pleased on the 7. of Ju_ly 1672. to recommend the debt of 151612. pound with Dammages by his Letter under his signe Manuall sent by the said George Carew to his Gra_ce George Duke of Buckingham, and the Right Honorable Henry Earle of Ar_lington, his Majesties Plenipotentiaries and Embassadours Extraordinary to the French King and the States Generall then upon a Treaty at Uytrecht, commanding the said Plenipotentiaries to insist upon satisfaction accor_dingly; declaring therein his care to protect his Subjects in their Just rights as well as to assist them in the recovery thereof. But the said Treaty taking no effect, the said Plenipotentiaries removed from Uytrecht be_fore Mr. Carew arrived at Amsterdam. Then Mr. Carew returning for England in Company with Mr. John Sherland the Fiscall Generall by or_der of the States of Holland Committed them both to Prison on the 6/16. of August 1672. as Criminalls upon pretence they were Ennemies to the Country, and Charged Mr. Carew as a seditious person in seeking after Justice in the premises, and detayned them both close prisoners in the ge_vangen port, where they are subject to many affronts and reproaches upon every encounter and Alarum in the Countrey, and also obstructed in the Just prosecution of the debt and Dammages aforesaid, which is by an Es_peciall order of the Councell board dated at Whitehall the 2. of May 1673. recommended to the Lords Embassadours Extraordinary and Ple_nipotentiaries at Cologne, intimating therein that the case of the Adven_turors and Creditors of Sir William Courten being already fully stated should be first insisted upon in the list of all Complaints, wherefore the Letters Patents were exemplified and sent to Cologne accordingly, a true Copie thereof here after followes. &horbar &horbar &horbar A Copie of the Letters Patents for Especiall Reprisall from the King of Great Brit_tain, under the Great Seale of England, against the States Generall and their Subjects, (enrolled in Chancery Anno 1665.)

CHARLES the second by the grace of God, of England, Scotland, France and Ireland King, Defendour of the Faith &c. To all Christian People to whom these presents shall come, Greeting: Whereas our loving Subject William Courten Esquire de_ceased, and his Partners anno 1643. by the depredation and ho_stile act of one Geland, Commander in chief of two Ships belonging to the East-India Company of the Netherlands, was between Goa and Maccao in the Streights of Mallacca, deprived and most inju_riously spoiled of a certain Ship named the Bona Esperanza, and of her Takle, Apparrell, and Furniture, and all the Goods and Lading in her, upon a very hopefull trading Voyage to China, which were carryed to Batavia and there all de facto without due Processe of Law confiscated; And that also in the same Year another laden Ship of Our said Subject, called the Henry Bonad_venture, being come on ground nere the Island Mauritius, was the_re both Ship and Goods seized upon by some of the Officers and Mi_nisters, & others under the command of the said East-India Com_pany, and utterly deteined from the right Owners. And Whe_reas the said William Courten and his Assigns in his life time used all possible endeavours to recover the said Ships and Goods, and to procure further Justice against the Malefactours, and yet could obtain no restitution or satisfaction, whereby they became to be much distressed and utterly undone in their Estate and Credit: And that thereupon and upon the most humble supplication and Adresses of Francis Earle of Shrewsbury, and William Courten Esquire, Sonne and Heir of the said Sir William deceased, Sir John Ayton and Sir Edmond Turnor Knights, George Carew and Charles Whittaker Esquires, on the behalf of themselves and divers others interessed in the said two Ships Bona Esperanza and Henry Bonadventura, and in the Estates of the said Sir Wil_liam Courten deceased, Sir Edward Littleton Barronet, and Sir Paul Pyndar Knight deceased, that We would take their Case into Our Princely consideracion. We out of a just sence We then had and still have of their unjust sufferings in that busi_ness, both by Our own Letters under Our sign Manuall to the States Generall of the United Provinces, and by Sir George Downing Knight and Barronet, Our Envoy Extraordinary, to whom We gave especiall command so to do, required satisfa_ction to be made according to the Rules of Justice, and the Amity and good correspondence, which We then desired to conserve with them firme and inviolable. And whereas after severall Addresses made to the said States Generall by Our said Envoy, and nothing granted effectuall for relief of Our said Subjects, (whom We take Ourselves in Honour and Iustice concerned to be satisfyed and repaid) We lately commanded the said Sir George Downing to intimate and signify to the said States, that We ex_pected their finall Answer, concerning satisfaction to be made for the said Ships and Goods by a time then prefixed and since elapsed, that We might so govern ourselves thereupon that Our aforesaid Subjects might be relieved according to Right and Iustice; And yet no satisfactory Answer hath been given, so that We cannot but apprehend it to be not only a fruitles endeavour, but a prosti_tuting of Our honour and dignity to make further Application, after so many denyals and slightings. And whereas John Exton Doctor of Laws, Iudge of Our High Admiralty Court of England upon Our Command, to certify to Us the value, and losses, and dammages, susteyned by the said William Courten and Part_ners, whose Interest is now vested in Our loving Subjects Sir Ed_mond Turnor Knight, and George Carew Esquire, and Part_ners, hath upon full Examination and proofs thereof made by witnesses in Our High Court of Admiralty, reported and certified under his hand that the same do amount to the summe of one hun_dred fifty one thousand, six hundred and twelve Pounds.

Now Know Yee, That for a full restitution to be made to them for their Ships, Goods and Merchandizes, of which the said William Courten, and the Assignes of the said William Cour_ten and Partners, were so dispoiled as aforesaid, with all such Costs and Charges as they shall be at for the recovery of the same, We by the Advice of our Privy Councill have thought fit, and by these presents do grant Licence and Authority under Our great Seale of England, unto Our said Subjects Sir Edmund Turnor, and George Carew, their Executors, Administrators & Assigns for and on the behalf of themselves, and other Persons interessed as aforesayed, to equippe, victuall, furnish, and to set to Sea from time to time such and so many Ships and Pinaces as they shall think fit. Provided alwayes that there be an entry made and recorded in the Admiralty Court, of the Names of all Ships and Vessels and of their Burthen and Ammonition, and for how long time they are victualled; And also of the Name of the Com_mander thereof before the same or any of them be set forth to Sea; And with the said Ships and Pinaces by force of Armes to set upon, take and apprehend any of the Ships, Goods, Monyes and Merchandizes of the said States Generall or any of their Subjects, inhabiting within any their Dominions or Territories wherso_ever, the same shall be found, and not in any Port or Harbour in England or Ireland unless it be the Ships and Goods of the Parties that did the wrong. And the said Ships, Goods, Monyes and Merchandises being so taken and brought into some Port of Our Realms and Dominions, an Inventory thereof shall be taken by Authority of Our Court of Admiralty, and Judgement shall be given in Our Court of Admiralty by the Judge or Judges thereof, for the time being, upon proofs made before him, or them, that the said Ships, Goods, Wares, Merchandises, or Money, did belong to the States Generall, or any of their Subjects as aforesaid. That they shall be lawfull prize to the said Sir Edmond Turnor, and George Carew, their Executors, Administrators and Assigns as aforesaid, to retain and keep in their or any of their Possessions, and to make sale, and dispose thereof in open Markett or howso_ever els to their & every of their best Advantage and Benefitt, in as ample manner as any time heretofore hath been accustomed by way of Reprisall, and to have and enjoye the same as lawfull prize, and as their own proper Goods, so that neither Captain/ Master nor any of the Company that shall serve in his owne Per_son, or shall promote and advance the said enterprise in manner and forme aforesaid, shall in any manner of wise be reputed or challenged for any Offendor against any of Our Laws. And that also it shall be lawfull for all manner or persons as well Our Subjects, as any other to buy the said Ships, Goods and Merchan_dises so taken, and apprehended by the said Captains, Masters, and others, and adjudged as aforesaid, without any dammage, loss, hinderance, trouble, molestation, or incombrance to befall the said Buyers, or any of them, in as ample and lawfull manner as if the Ships, Goods, Wares, and Merchandise had been come, and gotten by the lawfull Traffique of Merchants, or of just prises in the time of Open Warr. Provided alwayes that all Ships, Goods, and Merchandise taken by virtue of this Our Commission shall be kept in safety, and no part of them wasted, spoiled, or dimi_nished, or the Bulke thereof broken untill Iudgement have first past as aforesaid. That they are the Ships and Merchandises of the States Generall, or some of their Subjects as aforesaid. And if by colour of this Our Commission there shall be taken any Ships, Goods, or Merchandises of any of Our loving Subjects, or the Sub_jects of any Prince, or State in good League, or Amity with Us (except the States Generall) or their Subjects as aforesaid, & the Goods therein laden, sold, & embezelled, or diminished, or the bulke thereof broken in any Place before they shall be adjudged to belong to the States Generall, or some of their Subjects as aforesaid, That then this Commission shall be of no sufficient Authority to take the said Ships, Goods, & Merchandises, or to warrant, or save harmles such as shall receive buy or intermedle therein, but that both the prises so taken, & the said Ship of Warr, shall be confiscated to Our use. And further We do hereby declare that it is Our will and pleasure, that this Our Commission shall remain in full force and power to all intents and purposes, untill the said Sir Edmond Turnor and George Carew their Executors; Admi_nistrators, and Assigns, as aforesaid, shall by vertue thereof have by force of Armes apprehended, taken, seised, recovered, and received from the said States Generall, or their Subjects, one hundred fifty one thousand six hundred and twelve pounds, according to the appraisement to be made by sufficient Appraisers upon Oath nominated and authorised in Our said Court of Ad_miralty, of all such Ships, Goods, Wares, and Merchandises, as shall be taken from the said States Generall, or any of their Subjects, by vertue of this Commission, or shall otherwayes re_ceive satisfaction of the Debt aforesaid, by Composition to be made between those of the East-India Company of the Nether_lands, and the said Sir Edmond Turnor and George Carew their Executors, Administrators and Assigns as aforesaid; Not_withstanding it so happen, the present difference between Us, and the States Generall depending upon generall Reprisalls may be agreed and composed, and that in the interim a Peace and good Correspondence may be renewed between Us and the said States Generall; In which case nevertheless it's Our will and plea_sure, that in the execution of this Our Commission no violence shall be done to the Persons of the said Subjects of the said States Generall, but only in case of resistance, and that after in cold bloud the Subjects of the said States Generall, if hurt or wounded shall be used with all convenient office of humanity & kindess. And further Our wil and pleasure is, that although it shall happen that all hostility between Us, & the States Generall & Our re_spective Subjects shall cease, yet this Our Comission shall remain, & be in full force & power, to the said Sir Edmond Turnor and George Carew their Executors, Administrators, and Assigns, as aforesaid, by vertue thereof to apprehend, take, and seize by force & Armes, so many more of the said Ships and Goods of the States Generall, or any of their said Subjects, as besides the said summ before-mentioned shall cuntervaile, satisfy, & pay all such Costs and charges as the said Sir Edmond Turnor and George Carew their Executors, Administrators, or Assigns, as afore_said, shall from time to time make proof to have disbursed & paid towards the equipping, manning, paying, furnishing, & victual_ing of the said Ships, so licenced and Authorised as aforesaid, by this Our said Commission to be equipped, manned, paid, furnished and victualled by the said Sir Edmond Turnor and George Carew their Executors, Administrators, and Assigns as aforesaid for the purpose aforesaid. And our will and pleasure is, and We do hereby require Our Judge or Judges of Our High Court of Admiralty for the time being, and all other Offi_cers of the Admiralty, and all other Our Iudge or Iudges, Officers, Ministers, and Subjects whatsoever to be aiding and assisting to the said Sir Edmond Turnor & George Carew, their Executors, Administrators, and Assigns, as aforesaid, in all points in the due Execution of this Our Royall Commission, and to proceed to ad_judication and adjudge all Ships, Merchandises, Monyes, and Goods by vertue hereof to be taken according to Our Princely in_tention hereby signifyed and expressed, and to take care that this Our Royall Commission be duely executed, and favourably interpreted and construed in all respects to the benefit and best advant_age of the said Sir Edmond Turnor and George Carew their Executors, Administrators and Assigns, as aforesaid. In witnesse whereof We have caused these Our Letters to be made Patents. Witness Ourself at Westminster the 19. day of May in the 17. Year of Our Reign.

BY THE KING. &horbar

TO make a retrospect into all the former proceedings of this case, or to doubt the validity of the grant, af_ter all matters were brought into a solemn Act of Letters Patents under the great Seal of England; were not only to question his Majesties Soveraign Power, and Prerogative Royall in the protection of his Subjects, but to arraign the Judgements and opinions of all the Kings Ministers of State, Judges and publique Persons; that debated this business in Councells, in Treatyes, in Parliament, and inferior Courts of Judicature, before this speciall Comission was granted.

As the King cannot be deceived in his grant, so he cannot do his Subjects any wrong, wherefore in most Pattents the Clause (quan_tum in nobis) is incerted.

It's a maxime in Law that which belongs to another Man can_not be taken from him without his own consent.

In the Year 1639. Sir William Boswell gave a Memoriall to the States Generall in the Kings name to have satisfaction and repa_ration for the spoils and Dammages done in the East Indies to his Majesties Subjects. And another Memoriall was given at the same time to that purpose in England, unto Mr. Albertus Joachymy the States Ambassador then Resident in ordinary there, unto both which Answers was given, that then could not treate with the King for the Damages done to the East India Company of Eng_land, who might question them for the same herafter, so the mat_ter rested in statu quo.

This Pattent was not made underhand as Mr. Pergens (who had no right) made the agreement with the East India Company of the Netherlands. Neither was the Company ignorant of the precedent grants to Sir Edward Littleton and Sr. Paul Pindar before they treated with Mr. Pergens any more then they were of this Pa_tent when they treated at Breda. Yet they had the confidence by advice of Iohn de Wit to frame their Articles rencounter to the Lawes of God and nature, impertinently using the words of morti_fying, obliterating, extinguishing, and disannulling all offen_ces, dammages, losses and injuries whatsoever sustained by the Subjects of either side, at any time whatsoever before that treaty: And that all actions, pretentions, and grants whatsoever for the same should be voyde, and for ever renounced, and revoaked, giveing every man liberty to take advantages of his owne wron_ge, which treaty was soone cancelled by new breaches, and his Majestie lest at liberty as if the treaty at Breda had never bin made.

What is repugnant to reason and Justice is voyde in it selfe, as (felo de se) and distructive to all Civill Society and being. Iohn de VVit and his Brother were the first that used the words mortifi_cation and extinguishment in any Treaty of State, which God himselfe abhors in such cases, having decreed that the offendor shall restore three fould for what is wrongfully taken, which im_plyes the dammages sustained for want of that which was taken away from the Persons injured.

Those, two Wits were mortified and extinguished not only for u_sing such Arrogant expressions, but as a just reward to such Per_sons that indeavored to add force to violence, and fraude to oppres_sion, and treachery to both.

No man will deny but that the King of Great Brittain in diverse cases may suspend the Execution of Law in his own Kingdoms, but in no case can give or take away any mans right without a com_pensation.

The Hollanders have a great power beyond the Cape Bon Espe_rance; and have lately had the boldness to affront his Majesty in his own Seas, but to strike at the Laws and Customs of England, threatnes not only his Majesties prerogative, but shakes the very foundation and common Interest of every individuall Subject, which is nearer and dearer to them then their lives and fortunes.

IT's necessary now to shew what Presidents there are in former Treatyes, between the Belgick Provinces and the Crown of England, concerning spoyls, dammages and losses before the seaven United Provinces were a Common-wealth; and since they have been made a Republique.

In the xxix. Article of the Treaty made between King Henry the seaventh, and Philip Duke of Austria and Burgundy concluded at London the 24. of February 1495. it was agreed that all and singular Letters of Reprisall marke and countermarke which were granted by the said Princes or their Predecessors, either out of their high Courts of Chancery or other inferior Courts should be held in suspension without further Execution to be done thereupon nisi super earum meritis habita cognitione indicta, ad hoc per ipsos Principis specialiter deputandum, alitur fuerit ordinatum. So that there was no mortification or extinguishment of the right, only a suspension of the execution, but yet if there were spetiall matter in the merits of the cause made knowne to the Princes respectively they ordered it otherwise untill satisfaction was given to the parties greeved:

ANd if either of those Princes had had the like occasion given as his Ma_jesty (in this case) they would have entayled a Commission to Eternity if reparation were not found, or the matter composed.

Charles the first (of that name) King of Great Brittain, granted a speciall Commission for Reprisall, under the Great Seal of Eng_land, unto Mr. Pawlet on the behalfe of himselfe and other Mar_chants of London who had sustained losses by the Spanjards to the value of 30000. pounds Sterling in time of Peace; which Commission was to continue untill satisfaction of the debt and Dammages: And at the Treaty concluded betweene the King of Spaine and the King of England at Madrid in the Year 1630. Ca_re was taken by the Spagniards to satisfie the remainder of the debt not recovered by reprize, as appeares by the accounts stated in th' Admiralty and the recorde there of inrolled in the Chancery.

In the xxx. Article of Oliver Cromwels Treaty concluded with the States Generall in the Yeare 1654. which was made in confor_mity to the Treaty with the Archduke of Austria aforesaid. It was agreed that at the delivery of the Ratefication of the said Treaty foure Commissioners should be nominated on both sides to meete at London the 10. May 1654. to examine and determine all diffe_rences and injuries committed from the Year 1611. to the 18. of May 1652. as well in the East Indies, as in Greenland, Mus_covia, and Brazill, or in any other place. All the said particulars of losses to be delivered in writing to the said Commissioners before the 18. of May and none after. And that what shall not be con_cluded within three moneths by the said Commissioners shall be re_ferred to the Protestant Cantons of Switzerland which were to be Arbitrators and to conclude the business within six moneths follo_wing, the forme of an instrument being agreed upon for that purpo_se: Nevertheless there was only 80000. pound Sterling paid to th' East India Company of England for the spoyles and Damma_ges at Amboyna and 3650. Pounds to the widdows and Orphants of the English Factors murthered there.

And in the xxij. Article of the Pyrenean Treaty concluded be_tween France and Spain on the 7. of November 1659. it was a_greed that all debts and Dammages contracted before the warre which upon the said day of the Publication of this Treaty shall be found not to have bin actually paid unto others by vertue of Jud_gements given upon Letters of confiscation or Reprisall shalbe bona fide satisfied and paid. And upon the demands and persuites that shall be about them, the said Lords and Kings shall give or_der unto their Officers to render as good and speedy Justice unto the Forraigners as unto their owne Subjects without any distinc_tions of Persons.

By all which it appears there was no such words Mortification or extinguishment used, or others to barr any mans right of action for any things done or committed before the warre.

In the xb. Article concluded at Whitehall between the King of Great Brittain and the States Generall on the 4. of September 1662. John de Wit and his Faction, insisted and indeavored to have all the Dammages, Spoyles, and depredations in th' East Indies mortified and extinguished to that day, Argueing that the Treaty with Oliver Cromwel and the Treaty betweene Sir George Downing and the East India Company at the Hage in the Year 1659. whereby they paid the further summe of 50000. pounds ster_ling for the Shipps the Pellican, the Fredrick, Francis & John taken from English Marchants since Olivers Treaty should excuse them for the Dammages they had done to Courten and his Partners Anno 1643. yet nevertheless a particular exception and provision was made in the said 15. Article, that satisfaction should be given for the Ships Bona Esperanza and Henry Bonadventura, according to his Majesties speciall recommendation as aforesaid, being a distinct matter from all other spoyles and depredations committed by th' East India Company of the Netherlands.

In persuance whereof the two following Yeares being spent in fresh applications and addresses to the States Generall, the States of Holland, the Directors of th' East India Company and to severall Participants without effect.

All Circumstances then considered there was one stepp further made in this speciall case, more then was in the Amboyna business to intayle the clayme by Letters Patents for a perpetuall Reprisall untill satisfaction and reparation should be recovered for the debt and Dammages sustained, which if it had not bin granted his Ma_jesty had lessened his owne honor and greatnes, as well as his po_wer and prerogative for the protection of his Subjects in their Just right, as also in assisting them in recoverie of the same.

From whence this Conclusion naturally follows the premises, that there is no Appeale, Manifesto, Treaty Guifte, or reward whatsoever, or any other way or meanes under Heaven to mortifie, extinguish and discharge the debt and Dammages concerning the Bona Esperanza and Henry Bonadventura, but by satisfaction and reparation given to the persons interessed and injured, whe_reby a suffitient discharge may be had. &horbar &horbar |CLA |Y1680 THE English-mans RIGHT. A DIALOGUE BETWEEN A BARRISTER at LAW, AND A JURY-MAN: Plainly setting forth, I. The Antiquity of JURIES, II. The excellent designed use of JURIES, III. The Office and just Priviledges of JURIES, By the Law of England. &horbar LONDON: Printed for Richard Janeway, in Queens_head Alley in Paternoster-Row. 1680. The English-mans RIGHT, &c. The Introduction. Barrister.

MY old Client! a good morning to you, whither so fast? you seem intent upon some important affair?

Juryman.

Worthy Sir! I am glad to see you thus oppor_tunely, there being scarce any person that I could at this time rather have wisht to meet with.

Barr.

I shall esteem my self happy, if in any thing I can serve you. &horfill; The business I pray?

Jurym.

I am summon'd to appear upon a Jury, and was just going to try if I could get off. Now I doubt not but you can put me into the best way to obtain that favour.

Barr.

'Tis probable I could. But first let me know the reasons why you desire to decline that service.

The Reasons why fit men endeavour sometimes to avoid serving on Juries. Jurym.

You know, Sir, there is something of trouble and loss of time in it; and mens Lives, Liberties, and Estates (which depend upon a Jury's Guilty, or Not guilty, for the Plaintiff, or for the Defendant) are weighty things. I would not wrong my Conscience for a world, nor be accessary to any mans ruin. There are others better skill'd in such matters. I have ever so loved peace, that I have forborn going to Law, (as you well know many times) though it hath been much to my loss.

Not sufficient. Barr.

I commend your tenderness and modesty; yet must tell you, these are but general and weak excuses. As for your time and trouble, 'tis not much; and however, can it be bet_ter spent than in doing justice, and serving your Country? To withdraw your self in such cases, is a kind of Sacriledg, a robbing of the publick of those duties which you justly owe it; the more peaceable man you have been, the more fit you are. For the office of a Jury-man is, conscientiously to judg his neighbour; and needs no more Law than is easily learnt to di_rect him therein. I look upon you therefore as a man wellqualified with estate, discretion, and integrity; and if all such as you, should use private means to avoid it, how would the King and Country be honestly served? At that rate we should have none but Fools or Knaves intrusted in this grand con_cern, on which (as you well observe) the Lives, Liberties, and Estates of all Englishmen depend.

Your Tenderness not be accessary to any mans being wrong'd or ruin'd, is (as I said) much to be commended. But may you not incur it unawares, by seeking thus to avoid it? Pilate was not innocent because he washt his hands, and said, He would have nothing to do with the blood of that just one. There are faults of Omission as well as Commission. When you are legally call'd to try such a cause, if you shall shuffle out your self, and thereby persons perhaps less conscientious happen to be made use of, and so a Villain escapes justice, or an innocent man is ruined by a prepossest or negligent Verdict; can you think your self in such a case wholly blameless? Qui non prohibet cum potest, jubet: He abets evil, that prevents it not when he may. Nec caret scrupulo societatis occult� qui evi_denter facinori defenit obviare: He deserves not to be free from the suspition of a close society, or underhand conspiracy in the mischief of subverting the fundamental Laws and Liberties of the Nation, who ceases to obviate and oppose it.

Jurym.

Truly I think a man is bound to do all the good he can, especially when he is lawfully call'd to it. But there sometimes happen nice cases, wherein it may be difficult to discharge ones conscience without incurring the displeasure of the Court, and thence trouble and damage may arise.

Barr.

That is but a vain and needless fear. For as the Ju_rors priviledges (and every English-mans in and by them) are very considerable; So the Laws have no less providently guarded them against Invasion or Usurpation. So that there needs no more than first understanding to know your duty, and in the next place courage and resolution to practise it with impartiality and integrity, free from accursed bribery and ma_lice, or (what is full out as bad in the end) base and servile fear.

Jurym.

I am satisfied, that as 'tis for the advantage and ho_nour of the publick, that men of understanding, substance, and honesty should be employ'd to serve on Juries, that justice and right may fairly be administred; So 'tis their own interest when called thereunto, readily to bestow their attendance and ser_vice, to prevent ill presidents from men otherwise qualified; which may by degrees fatally, though insensibly, undermine our just Birth-rights, and perhaps fall heavy one day upon us, or our posterity. But for my own part, I am fearful lest I should suffer through my ignorance of the duty and office of a Jury_man, and therefore on that account principally it is, that I de_sire to be excused in my appearance, which if I understood but so well as I hope many others do, I would with all my heart attend the service.

Barr.

You speak honestly, and like an Englishman. But if that be all your cause of scruple, it may soon be removed, if you will but your self a very little trouble of inquiry into the necessary provisions of the Law of Engl. relating to this matter.

The Antiquity of Trials by Juries.J.

There is nothing (of a temporal concern) that I would more gladly be inform'd in, because I am satisfied, 'tis very ex_pedient to be generally known. And first I would learn how long trials by Juries have been used in this Nation?

Even time out of mind; so long, that our best Historians cannot date the Original of the Institution, being indeed cotem_porary with the Nation it self, or in use as soon as the people were reduced to any form of Civil Government, and admini_stration of Justice. Nor have the several Conquests or Revo_lutions, the mixtures of Foreigners, or the mutual feuds of the Natives, at any time been able to suppress or overthrow it. For,

Amongst the Britains. 1. That Juries (the thing in effect and substance, though perhaps not just the number of Twelve men) were in use amongst the Britains the first Inhabitants of this Island, ap_pears by the Ancient Monuments and Writings of that Na_tion, attesting that their Free holders had always a share in all Tryals and determinations of differences.

Amongst the Saxons. Lamb. p. 218. Cook 1. par. Institutes, fol. 155. 2. Most certain it is, that they were practised by the Saxons, and were then the only Courts, or at least an essential, and the greater part of all Courts of Judicature: For so (to omit a multitude of other Instances) we find in King Ethelreds Laws, In singulis Centuriis, &c. In every Hundred let there be a Court, and let Twelve ancient Free-men, together with the Lord, or rather according to the Saxon, the Greve, i.e. the chief Officer amongst them, be sworn, That they will not condemn any person that is Innocent, nor acquit any one that is guilty.

Continued by the Normans. See Spelmans Glossar. in the word Jurata. 3. When the Normans came in, William, though common_ly called the Conquerour, was so far from abrogating this Pri_viledg of Juries, That in the 4th year of his Reign, he con_firmed all King Edward the Confessors Laws, and the ancient Customs of the Kingdom (whereof this was an essential and most material part). Nay, he made use of a Jury chosen in every County, to report and certifie on their Oaths what those Laws and Customs were; as appears in the Proem of such his Confirmation.

Confirmed by Magna Charta. 4. Afterwards when the Great Charter, commonly called Magna Charta, (which is nothing else than a recital, confir_mation and corroboration of our Ancient English Liberties) was made and put under the Great Seal of England in the 9th year of King Henry the 3d (which was Anno Domini 1225.) Then was this Priviledg of Tryals by Juries in an especial manner confirmed and establisht, as in the 14th Chapter, That no Amercements shall be assessed, but by the Oath of good and honest men of the Vicinage. And more fully in that Gold_en Nine and twentieth Chapter &horfill; No Freeman shall be taken, or imprisoned, nor be disseized of his Freehold or Liberties, or free customs, or be out-law'd, or exil'd, or any other way destroy_ed, nor shall we pass upon him, or condemn him, but by the law_ful judgment of his Peers, &c. Which Grand Charter having been confirmed by above thirty Acts of Parliament, the said right of Juries thereby, and by constant usage, and common custom of England, which is the common Law, is brought down to us as our undoubted Birth-right, and the best inhe_ritance of every English man. For as that famous Lawyer Chief Justice Cook in the words of Cicero, excellently avers, Major Hereditas venit unicuique nostrum a jure & legibus quam a pa_rentibus2. Institutes, fol. 36. 'Tis a greater inheritance, and more to be valued, which we derive from the fundamental constitution and Laws of our Country, than that which comes to us from our respective Parents. For without the former, we have no claim to the latter.

But has this method of Trial never been attempted to be invaded or justled out of practice?

Essays made to overthrow Trials by Ju_ries, always unsuccessful, and severely punisht. B.

'Tis but rarely that any have arrived to so great a con_fidence: For 'tis a most dangerous thing to shake or alter any of the rules or fundamental points of the common Law, which in truth are the main pillars and supporters of the fabrick of the Commonwealth. These are Judg Cooks words. 2. Institutes, pag. 74. Yet sometimes it has been endeavoured. But so sacred and valuable was the Institution in the eyes of our Ancestors, and so tenacious were they of their Priviledges, and zealous to maintain and pre_serve such a vital part of their Birth-right and Freedom, that no such attempts could ever prove effectual, but always end_ed with shame and severe punishment of the rash under_takers. For example,

1. Andrew Horn an eminent Lawyer, in his Book Entituled, The Mirrour of Justices, (written in the Reign of K. Edw. I. now near 400 years ago) in the fifth Chapter, and first Secti_on, records, That the renowned Saxon King Alfred caused four and forty Justices to be hang'd in one year as murtherers, for their false Judgments. And there recites their particular Crimes, most of them being in one kind or other Infringe_ments, Violations and Encroachments of and upon the Rights and Priviledges of Juries; amongst the rest, that worthy Au_thor tells us, he hanged one Justice Cadwine, because he judged one Hackwy to death without the consent of all the Jurors; for whereas he stood upon his Jury of twelve men, because three of them would have saved him, this Cadwine removed those three, and put others in their room, on the Jury, against the said Hackwy's consent. Where we may observe, that though at last twelve men did give a Verdict against him, yet those so put upon him, were not accounted his Jurors; by reason all, or any of them, who were first sworn to try him, could not (by Law) be removed, and others put in their stead. And that such illegal alteration was then adjudged a Capital Crime, and forth_with the said Cadwine was Hang'd.

2. A second instance I shall give you in the words of the Lord Chief Justice Cook. Cook 2. part of Institutes, fol. 51. "Against this ancient and funda_mental Law (and in the face thereof) there was in the 11. year of King Henry 7. cap. 3. an Act of Parliament obtain_ed (on fair pretences, and a specious preamble, as to avoid divers mischiefs, &c.) whereby it was Ordain'd, That from thenceforth, as well Justices of Assize, as Justices of the Peace, upon a bare Information for the King before them made, with_out any finding or presentment by the Verdict of Twelve men should have full power and authority by their discretions to hear and determine all offences and contempts committed or done by any person or persons against the Form, Ordinance, or effect of any statute made and not repealed, &c. "By colour of which Act (saith Cook) shaking this Fundamental Law (it means, touching all Trials to be by Juries) it is not credible what HORRIBLE OPPRESSIONS and EXACTIONS, to the undoing of MULTITUDES of people, were commit_ted by Sir Richard Empson Knight, and Edmund Dudley, Esq; (being Justices of the Peace) throughout England, and upon this unjust and injurious Act (as commonly in like cases it falleth out) a new Office was erected, and they made Masters of the Kings Forfeitures.

But not only this Statute was justly soon after the decease of Hen. 7 repealed by the Statute of the 1 Hen. 8. cap. 6. but also the said Empson and Dudley (notwithstanding they had such an Act to back them, yet it being against Magna Charta, and consequently void) were fairly executed for their pains; and several of their under agents, as Promoters, Informers, and the like, severely punisht, for a warning to all others that shall dare (on any pretence whatsoever) infringe our English Liberties. See Sir Rich. Bakers Chron. p. 273. For so the Lord 4. part Instit. fol. 41. Cook having (elsewhere) with detestation mentioned their story, pathetically concludes, Qui eorum vestigiis insistant, exitus perhorrescant: Let all those who shall presume to tread their steps, tremble at their dreadful end. Other Instances of a latter date might be given, but I suppose these may suffice.

The benefits of being tri_ed by Juries. J.

Yes surely; and by what you have discoursed of the long continued use of Juries, and the zealous regards our An_cestors had, not to part with them; I perceive that they were esteemed a special priviledg. Be pleased therefore to ac_quaint me wherein the excellency and advantages to the people by that method of trial above others, may consist?

See all this excellently made out, and more at large by the L.C.J. Fortescue, af_terwards Chancellor to K. Hen. 6. in his Book, De laudibus Legum Angli�. cap. 26,27,28, & 29. B.

This question shews you have not been much conver_sant abroad, to observe the miserable condition of the poor people in most other Nations, where they are either wholly sub_ject to the despotick arbitrary lusts of their Rulers; or at best under such Laws as render their Lives, Liberties, and Estates, liable to be disposed of at the discretion of strangers appoin_ted their Judges, most times mercinary, and Creatures of Pre_rogative; sometimes malicious and oppressive, and often par_tial and corrupt. Or suppose them never so just and upright yet still has the Subject no security against the attacks of un_conscionable Witnesses; yea, when there is no sufficient Evi_dence, upon bare suspicions they are obnoxious to the Tor_tures of the Rack, which often make an innocent man con_fess himself guilty, meerly to get out of present pain. Is it not then an inestimable happiness to be born and live under such a mild and righteous Constitution wherein all these mischiefs (as far as humane prudence can provide) are prevented; where none can be condemn'd, either by the power of supe_rior enemies, or the rashness or ill will of any Judg, nor by the bold Affirmations of any profligate evidence; But no less than Twelve, honest, substantial, impartial men, his neighbours (who consequently cannot be presumed to be unacquainted either with the matters charged, the Prisoner's course of life, or the credit of the Evidence) must first be fully satisfied in their Consciences, that he is guilty, and so all unanimously pronounce him upon their Oaths. Are not these, think you very material priviledges?

Yes certainly, though I never so well consider'd them before. But now I plainly see our forefathers had, and we still have all the reason in the world to be zealous for the mainte_nance and preservation thereof from subversion or encroach_ments, and to transmit them intire to posterity. For if once this bank be broken down or neglected, an ocean of oppressi_on, and the ruins of infinite numbers of people, (as in Empson and Dudley's days) may easily follow, when on any pretence they may be made Criminals, and then fined in vast sums, with pretext to enrich the Kings Coffers, but indeed to feed those insatiate Vultures that promote such unreasonable Prosecuti_ons. But since you have taught me so much of the antiquity and excellency of Juries, I cannot but crave the continuance of your favour to acquaint me somewhat more particularly of their office and power by Law. The Office and power of Juries.

I shall gladly comply with so reasonable and just a re_quest. A Jury of twelve men are by our Laws the only proper Judges of the matter in issue before them. See Cook, 4th part of Instit. fol. 84. As for instance,

1. That Testimony which is delivered to induce a Jury to believe, or not to believe the matter of Fact in issue, is called in Law EVIDENCE, because thereby the Jury may out of many matters of Fact, Evidere veritatem, that is, see clearly the truth, of which they are proper Judges.

2. When any matter is sworn, Deed read, or offered whe_ther it shall be believed or not, or whether it be true or false in point of Fact, the Jurors are proper Judges.

3. Whether such an act was done in such or such a manner, or to such or such an intent, the Jurors are Judges. For the Court is not Judg of these matters, which are evidence to prove or disprove the thing in issue. And therefore the Wit_nesses are always ordered to direct their speech to the Jury, they being the proper Judges of their Testimony. And in all Pleas of the Crown (or matters Criminal) the Prisoner is said, to put himself for trial upon his Country, which is explained, and referred by the Clerk of the Court, to be meant of the Jury, saying to them, Which Country you are.

The office of the Court in Trials. J.

Well then, what is the part of the Kings Justices, or the Court? what are they to take cognizance of, or do, in the Trials of mens Lives, Liberties, and Properties?

Their office in general is to do equal justice and right: particularly,

1. To see that the Jury be regularly return'd and duly sworn.

2. To see that the Prisoner (in cases where 'tis permittable) be allowed his lawful challenges.

3. To advise by Law, whether such matter may be given in evidence or not, such a writing read or not, or such a man admitted to be a witness, &c.

4. Because by their learning and experience they are pre_sum'd to be best qualified to ask pertinent questions, and in the most perspicuous manner soonest to sift out truth from amongst the tedious impertinent Circumstances and Tautologies; they therefore commonly examine the Witnesses in the Court, yet not excluding the Jury, who of right may, and where they see cause, ought to ask them any necessary questions, which undoubtedly they may lawfully do with modesty and discre_tion, without begging any leave. For if asking leave be ne_cessary, it implies in the Court a right when they lift to deny it; and how then shall the Jury know the truth? And since we see that Council, who too often (&horfill; Pudet h�c opprobria nobis) for their fees strive only to baffle Witnesses, and stifle Truth, take upon them daily to interrogate the evidence, 'tis absurd to think that the Jurors should not have the same priviledg, who are upon their Oaths, and proper Judges of the matter.

5. As a discreet and lawful Assistant to the Jury, they do often recapitulate and sum up the heads of the Evidence; but the Jurors are still to consider whether it be done truly, fully and impartially, (for one mans memory may sooner fail than Twelve's.) Vaughan's Reports in Bush_ell's Case. fol. 144. He may likewise state the Law to them, that is, deliver his opinion where the case is difficult, or they de_sire it. But since Ex facto jus oritur, all matter of Law arises out of matter of Fact, so that till the Fact is setled there is no room for Law, therefore all such discourses of a Judg to a Jury are or ought to be Hypothetical, not coercive; conditional, and not positive; viz. If you find the fact thus or thus, (still leaving the Jury at liberty to find as they see cause) then you are to find for the Plaintiff. But if you find the Fact thus or thus, then you are to find for the Defendant, or the like, Guilty, or not guilty, in cases Criminal.

Lastly, They are to take the Verdict of the Jury, and there_upon to give judgment according to Law. For the office of a Judg (as Cook well observes) is jus dicere, not jus dare; not to make any Laws by strains of wit, or forced Interpretati_ons; but plainly and impartially to declare the Law already establisht. Nor can they refuse to accept the Juries Verdict when agreed: For if they should, and force the Jury to re_turn, and any of them should miscarry for want of _modation it would undoubtedly be murder; and in such case the Jury may without crime force their liberty, because they are illegally confined, having given in their Verdict, and thereby honestly discharged their office, and are not to be starv'd for any mans pleasure.

How Jurors are judges of Law as well as Fact. J.

But I have been told, That a Jury is only Judg of na_ked matter of fact, and are not at all to take upon them to meddle with, or regard matter of Law, but leave it wholly to the Court.

'Tis most true, Jurors are Judges of matters of Fact, that is their proper Province, their chief business; but yet not ex_cluding the consideration of matter of Law, as it arises out of, or is complicated with, and influences the Fact. For to say, they are not at all to meddle with, or have respect to Law in giving their Verdicts, is not only a false position, and contradicted by every days experience; but also a very dan_gerous and pernicious one, tending to defeat the principal end of the Institution of Juries, and so subtilly to undermine that which was too strong to be batter'd down.

1. It is false: for though the direction as to matter of Law separately may belong to the Judg, and the finding the matter of Fact does peculiarly belong to the Jury, yet must your Jury also apply matter of Fact and Law together; and from their consideration of, and a right judgment upon both, bring forth their Verdict: For do we not see in most General issues, as upon not guilty, pleaded in trespass, breach of the peace, or Felony, though it be matter in Law whether the party be a trespasser, a breaker of the Peace, or a Felon; yet the Jury do not find the Fact of the case by it self, lea_ving the Law to the Court; but find the party guilty, or not guilty, generally. So as though they answer not to the question singly, what is Law; yet they determine the Law in all matters where Issue is join'd. So likewise is it not every days practise, that when persons are Indicted for murther, the Jury does not only find them guilty or not guilty, but many times upon hearing and weighing of circumstances, brings them in, either guilty of Murther, Manslaughter, per Infortu_nitus, or se-defendendo, as they see cause. Now do they not herein complicately resolve both Law and Fact? And to what end is it that when any person is prosecuted upon any Sta_tute, the Statute it self is usually read to Jurors, but only that they may judg. Whether or no the matter be within that Statute? But to put the business out of doubt, we have the suffrage of that Oracle of Law Littleton, who in his Tenures, Sect. 368. declares, That if a Jury will take upon them the knowledg of the law upon the matter, they may. Which is agreed to, likewise by Cook in his Comment thereupon. And therefore 'tis false to say, That the Jury hath not power, or doth not use frequently to apply the Fact to the Law; and thence taking their measures, judg of, and determine the crime or issue by their Verdict.

2. As Juries have ever been vested with such power by Law, so to exclude them from, or disseize them of the same, were utterly to defeat the end of their institution. For then if a person should be Indicted for doing any common innocent act, if it be but clothed and disguised in the Indict_ment with the name of Treason, or some other high crime, and prov'd by Witnesses to have been done by him; the Jury though satisfied in Conscience, that the Fact is not any such offence as 'tis called, yet because (according to this fond opinion) they have no power to judg of law, and the fact charged is fully prov'd, they should at this rate be bound to find him guilty. And being so found, the Judg may pronounce sentence against him, for he finds him a convict_ed Traytor, &c. by his Peers. And thus as a certain Phy_sician boasted, That he had kill'd one of his Patients with the best method in the world; So here should we have an in_nocent man hang'd, drawn, and quarter'd, and all according to law.

God forbid that any such thing should be practised; and indeed I do not very fully understand you.

I do not say it ever hath been, and I hope it never will be practised: But this I will say, that according to this Doctrine, it may be; and consequently Juries may thereby be rendred rather a snare or engine of oppression, than any advantage or Guardian of our Legal Liberties against Arbitrary Injustice, and made meer properties to do the drudgery, and bear the blame of unreasonable Prosecutions. And since you seem so dull as not to perceive it, let us put an Imaginary case, not in the least to abet any irre_verence towards his Majesty, but only to explain the thing, and shew the absurdness of this opinion. &horfill; Suppose then a man should be Indicted, For that he as a false Traytor not having the fear of God before his eyes, &c. did trayterously, presumptuously against his Allegiance, and with an intent to affront his Majesties Person and Govern_ment, pass by such or such a Royal Statue or Effigies with his hat on his head, to the great contempt of His Majesty and his Authority, the evil example of others, against the Peace, and his Majesties Crown and Dignity. Being hereupon ar_raigned, and having pleaded Not guilty, suppose that suffici_ent evidence should swear the matter of Fact laid in the In_dictment, viz. That he did pass by the Statue or Picture with his hat on; now imagine your self one of the Jury that were sworn to try him, What would you do in the matter?

Do? Why I should be satisfied in my Conscience, That the man had not herein committed any crime, and so I would bring him in not Guilty.

You speak as any honest man would do: But I hope you have not forgot the point we were upon; suppose therefore when you thought to do thus, the Court, or one of your Bre_thren, should take you up and tell you, That it was out of your power so to do; An ordinary Jury-man's wise Speech. For look ye (saith he) my Masters! we Jury-men are only to find matter of Fact, which being fully prov'd as in this case before us it is, we must find the party Guilty; whether the thing be Treason or not, does not belong to us to in_quire; 'tis said so here, you see in the Indictment; and let the Court look to that, they know best, we are not Judges of Law: shall we meddle with niceties and punctilio's, and go contrary to the directions of the Court? So perhaps we shall bring our selves into a pr�munire (as they say) and perhaps never be suffered to be Jury men again. No, no, The matter of Fact you see is proved, and that's our business, we must go according to our Evidence, we cannot do less: truly 'tis something hard, and I pity the poor man, but we cannot help it, &c. After these notable documents, what would you do now?

I should not tell what to say to it; for I have heard se_veral Ancient Jury-men speak to the very same effect, and thought they talk'd very wisely.

Well then, would you consent to bring in the man Guilty?

Truly I should be somewhat unwilling to do it; but I do not see which way it can be avoided, but that he must be found guilty of the Fact.

God keep every honest body from such Jury-men; have you no more regard to your Oath? to your Conscience? to Justice? to the Life of a man?

Hold! hold! perhaps we would not bring him in Guilty generally, but only Guilty of the Fact, Finding no more but Guilty of passing by the Statue with his Hat on.

This but poorly mends the matter, and signifies little or nothing; For such a finding hath generally been refused by the Court, as being no Verdict, though 'tis said it was lately allowed somewhere in a Case that required favour. But sup_pose it were accepted, what do you intend shall become of the Prisoner? must not he be kept in Prison til all the Judges are at leisure and willing to meet and argue the business? Ought you not, and what Reason can you give why you should not absolutely acquit and discharge him? Nay, I do aver, you are bound by your Oaths to do it, by saying with your mouths to the Court, what your Consciences cannot but di_ctate to your selves, Not Guilty: For pray consider, Are you not sworn, That you will well and truly Try, and true deliverance make? There's none of this Story of matter of Fact, distinguisht from Law in your Oath. But you are, Well, That is, Fully and Truly, that is Impartially, to try the Prisoner. So that if upon the Consciences, and the best of the Understanding by what is proved against him, you find he is guilty of that Crime wherewith he stands charg_ed, that is, deserving Death, or such other Punishment as the Law inflicts upon an Offence so denominated; then you are to say, he is Guilty. But if you are not satisfied, that either the Act he has committed was Treason, or other Crime, (though it be never so often called so) or that the Act it self, if it were so cri_minal, was not done, then what remains but that you are to ac_quit him? For the end of Juries is to preserve Men from op_pression, which may happen as well by imposing or ruining them for that as a Crime, which indeed is none, or at least not such or so great as is pretended, as by charging them with the Commis_sion of that which in truth was not committed. And how do you well and truly Try, and true Deliverance make, when indeed you do but deliver him up to others to be Condemned, for that which your selves do not believe to be any Crime?

Jurym.

Well; but the supposed Case is a Case unsupposable. It is not to be imagined, that any such thing should happen, nor to be thought, that the Judges will condemn any Man, though brought in Guilty by the Jury, if the Matter in it self be not so Criminal by Law.

Barr.

'Tis most true, I do not believe that ever that Case will happen. I put it in a thing of apparent Absurdity, that you might the more clearly observe the unreasonableness of this Do_ctrine; but withal I must tell you, That 'tis not impossible that some other Cases may really happen, of the same or the like na_ture, though more fine and plausible. And though we apprehend not, that during the Reign of His Majesty that now is, (whose Life God long preserve) any Judges will be made that would so wrest the Law; Yet what Security is there, but that some Suc_cessors may not be so cautious in their Choice? And though our Benches of Judicature be at present furnish'd with Gentle_men of great Integrity, yet there may one day happen some Tresi_lian, or Kinsman of Empsons, to get in, (for what has been, may be) who Empson-like, shall pretend it to be for his Masters Service, to encrease the number of Criminals, that his Coffers may be fill'd with Fines and Forfeitures. And then such mis_chiefs may arise. And Juries having upon confidence parted with their just Priviledges, shall then, too late, strive to re_assume them, when the number of Ill-presidents shall be vouch_ed to inforce that as of Right, which in truth was at first a Wrong grounded on Easiness and Ignorance. Had our wise and wary Ancestors thought fit to depend so far upon the Contin_gent Honesty of Judges, they needed not to have been so zea_lous to continue the usage of Juries.

Jurym.

Yet still I have heard, that in every Indictment, or Information, there is always something of Form or Law, and something else of Fact; and it seems reasonable, that the Jury should not be bound up nicely to find every Formality therein expressed, or else to acquit (perhaps) a notorious Criminal. But if they find the Essential Matter of the Crime, then they ought to find him Guilty.

How far ag_gravating words, or those of course in In_dictments or Informations, are to be re_garded. Barr.

You say true, and therefore must note, that there is a wide difference to be made between Words of Course, rais'd by Implication of Law, and Essential Words, that either make, or really aggravate the Crime charged. The Law does suppose and imply every Trespass, Breach of the Peace, every Felony, Murder, or Treason to be done Vi et Armis, with Force and Arms, &c. Now if a Person be Indicted for Murder by Poison, and the Matter proved, God forbid the Jury should scruple the finding him Guilty upon the Indictment, meerly because they do not find that part of it, as to Force and Arms, proved. For that is implyed as a necessary or allowable Fiction of Law.

But on the other side, when the Matter in Issue in it self, and taken as a naked Proposition, is of such a Nature, as no Action, Indictment, or Information will lie for it singly, but it is work'd up by special Aggravations into Matter of Damage or Crime; as that it was done to scandalize the Government, to raise Sedition, to affront Authority, or the like, or with such or such an evil intent. If these Aggravations, or some overt Act to manifest such ill Design or Intention be not made out by Evidence, then ought the Jury to find the Party Not Guilty; for example.

Bishop Latimer, (afterwards a Martyr in bloody Queen Maries days, for the Protestant Religion) in a Sermon preach_ed before the most excellent King Edward the sixth delivered these words. See Latimers Sermons fo. 41. the se_cond Sermon before King Edward the sixth. "I must desire your Grace to hear Poor Mens Suits your self; the Saying is now, That Money is heard e_very where; if he be Rich, he shall soon have an end of his Matter, others are fain to go home with weeping Tears for any help they can obtain at any Judges Hand. Hear Mens Suits your self, I require you in Gods behalf, and put them not to the Hearing of these Velvet-Coats, these Up-skips. Amongst all others, one especially moved at this time to speak; This it is, Sir! A Gentlewoman came and told me, that a Great Man keepeth certain Lands of hers from her, and will be her Tenant in spight of her Teeth. And that in a whole Twelve-month she could not get but one day for the Hearing of her Matter, and the same day, when it should be heard, the Great Man brought on his side a great sight of Lawyers for his Counsel, the Gentlewoman had but one Man of Law, and the Great Man shakes him so, that he cannot tell what to do; for that when the Matter came to the Point, the Judge was a means to the Gentlewoman, that she should let the Great Man have a quietness in her Land: I beseech your Grace, that ye would look to these Matters. And you proud Judges! Hearken what God saith in his Holy Book; Audite illos ita parvum ut magnum, Hear them (saith he) the Small as well as the Great, the Poor as well as the Rich, regard no Person, fear no Man. And why? Quia Domini Judicium est, The Judgment is Gods. Mark this Saying, thou proud Judge, The Devil will bring this Sentence against thee at the Day of Doom. Hell will be full of these Judges, if they repent not, and amend, they are worse than the wicked Judge that Christ speaketh of Luke the 19th, that neither feared God nor the World. Our Judges are worse than this Judge was; for they will neither hear Men for God's sake, nor fear of the World, nor Importunateness, nor any thing else; yea some of them will command them to ward if they be importunate. I heard say, That when a Suiter came to one of them, he said, What fellow is it that giveth these folks counsel to be so importunate? he deserves to be Punished and Committed to Prison! ward. Marry sir! punish me then, It is even I that gave them Counsel, I would gladly be punish_ed in such a Cause, and if you amend not, I will cause them to cry out upon you still, even as long as I live. &horfill; These are the very words of that good Bishop and Martyr Father Latimer.

Jurym.

Truly they are somewhat Bold, but I think very Honest ones. But what signify they to our discourse?

Barr.

Only this, suppose the Judges of those times, think_ing themselves agrieved by such his Freedom, should have brought an Indictment against him, setting forth, that falsly and maliciously intending to scandalize the Government and the Administration of Justice in this Realm, and to bring the same into Contempt, he did speak, publish and declare the false and scandalous words before recited.

Jurym.

I conceive the Judges had more Wit than to trouble themselves about such a Business.

Barr.

That's nothing to the purpose, but suppose I say by them or any body else, it had been done, and his speaking the words had been proved, and you had then been Living and one of the Jury.

Jurym.

I would have pronounced him not Guilty, and been starv'd to Death before I would have consented to a contrary Verdict, Because the words in themselves are not Criminal, nor reflecting upon any particulars, and as for what is supposed to be laid in the Indictment or Information, that they were published or spoken to scandalize the Government and the Administration of Justice, or to bring the same into Contempt, nothing of that appears.

Barr.

You resolve as every Honest, Understanding, Consci_entious man would do in the like Case, for when a man is Prosecuted for that which in it self is no Crime, how dreadfully so_ever it may be set out, as the Inquisitors in Spain use to Cloath Innocent Protestants, whom they Censure to the flames, with Sambenito's (Garments all over bepainted with Devils) that the people beholding them in so Hellish a dress, may be so far from pitying them, that they may rather Condemn them in their thoughts as Miscreants not worthy to Live, though in truth they know nothing of their Cause, yet I say notwith_standing any such Bugg-bear Artifice, an Innocent man ought to be Acquitted, and not he and his Family ruined and perhaps utterly undone, for words or matters harmless in them_selves, and possibly very well intended, but only rendred Cri_minal by being thus hideously dressed up, and wrested with some far-fetch'd, forced and odious Construction.

Jurym.

This is a matter well worthy the Consideration of all Juries, for indeed I have often wondred to observe the Adverbs in Declarations, Indictments and Informations in some Cases to be harmless Vinegar and Pepper, and in others Hen_bane steep'd in Aqua fortis.

Barr.

That may easily happen, where the Jury does not di_stinguish Legal Implications, from such as Constitute, or ma_terially Aggravate the Crime, for if the Jury shall honestly re_fuse to find the latter in Cases where there is not direct proof of them, viz. That such an Act was done Falsly, Scandalously, Maliciously, with an intent to raise Sedition, defame the Go_vernment, or the like, their mouths are not to be stopt, nor their Consciences satisfied with the Courts telling them &horfill; You have nothing to do with that, its only matter of Form or matter of Law, you are only to examine the Fact, whether he spoke such words, writ or sold such a Book or the like; For, now if they should ignorantly take this for an Answer and bring in the Prisoner Guilty, though they mean and intend of the naked Fact or bare Act only, yet the Clerk Recording it, demands a further Confirmation, saying to them thus, well then you say A.B. is Guilty of the Trespass or Misdemeanour in manner and form as he stands Indicted and so you say all, to which the Foreman Answers for himself and his fellows Yes. Whereupon the Verdict is drawn up &horfill; Juratores super Sacramentum suum dicunt, &c. The Jurors do say upon their Oaths, that A.B. ma_liciously, in Contempt of the King and the Government, with an intent to scandalize the Administration of Justice, and to bring the same into Contempt or to raise Sedition &c. (As the words before were laid) spake such Words, publisht such a Book, or did such an Act, against the Peace of our Lord the King his Crown and Dignity.

Dictum Thus a Verdict, so called in Law, quasi veritatis, because it ought to be the Voice or Saying of Truth it self, may be_come composed in its material part of Falshood. Thus Twelve men ignorantly drop into a Perjury. And will not every con_scientious man tremble to pawn his Soul under the sacred and dreadful solemnity of an Oath, to attest and justifie a Lie up_on Record to all Posterity; besides the wrong done to the Prisoner, who thereby perhaps comes to be hang'd (and so the Jury in foro conscienti� are certainly guilty of his Mur_ther) or at least by Fine or Imprisonment) undone with all his Family, whose just Curses will fall heavy on such unjust Jurymen and all their Posterity, that against their Oaths and Duty occasion'd their causeless misery. And is all this think you nothing but a matter of Formality?

Jurym.

Yes really, a matter of Vast Importance and sad Consideration; yet I think you charge the mischiefs done by such Proceedings a little too heavy upon the Jurors; Alas good men! They mean no harm, they do but follow the di_rections of the Court, if any body ever happen to be to blame in such Cases it must be the Judges.

Barr.

Yes, forsooth! That's the Jury-mens common-plea, but do you think it will hold good in the Court of Heaven? 'Tis not enough that we mean no harm, but we must do none neither, especially in things of that moment, nor will Igno_rance excuse, where 'tis affected, and where duty obliges us to Inform our selves better, and where the matter is so plain and easie to be understood.

As for the Judges they have a fairer plea than you, and may qickly return the Burthen back upon the Jurors, for we, may they say, did nothing but our duty according to usual Pra_ctise, the Jury his Peers had found the Fellow Guilty upon their Oaths of such an Odious Crime, and attended with such vile, presumptions, and dangerous Circumstances. They are Judges, we took him as they presented him to us, and according to our du_ty pronounced the Sentence, that the Law inflicts in such Cases, or set a Fine, or ordered Corporal punishment upon him, which was very moderate, Considering the Crime laid in the Indict_ment or Information, and of which they had so sworn him Guil_ty; if he were innocent or not so bad as Represented, let his De_struction lye upon the Jury &c. At this rate if ever we should have an unconscionable Judge, might he Argue; And thus the Guilt of the Blood or ruin of an Innocent man when 'tis too late shall be Bandyed to and fro, and shuffled off from the Jury to the Judge, and from the Judge to the Jury, but really sticks fast to both, but especially on the Jurors; because the very end of their Institution was to prevent all dangers of such oppression, and in every such Case, they do not only wrong their own Souls, and irreparably Injure a particular Person, but also basely betray the Liberties of their Countrey in General, for as without their ill-complyance and Act no such mischief can happen; so by it, ill precedents are made, and the Plague is encreased, honester Juries are disheartned or se_duc'd by Custome from their Duties, just Priviledges are lost by disuser, and perhaps within a while some of themselves may have an hole pickt in their Coats, and then they are Try_ed by another Jury just as wise and honest, and so deserved_ly come to smart under the Ruinating Effects and Example of their own Folly and Injustice.

Jurym.

You talk of Folly, and blame Jury-men, when in_deed they cannot help it, they would sometimes find such a Person Guilty, and such an one Innocent, and are perswaded they ought so to do, but the Court over-rules, and forces them, to do otherwise.

Barr.

How I pray?

Jurym.

How? Why, did you never hear a Jury threatned to be Fined and Imprisoned, if they did not comply with the Sentiments of the Court?

Barr.

I have Read of such doings, but I never heard, or saw it done, and indeed I do not doubt but our Seats of Ju_stice are furnisht with both better men, and better Lawyers, than to use any such Menaces or Duress, for undoubtedly 'tis a base and very Illegal Practise. But however will any man that fears God, nay that is but an honest Heathen debauch his Conscience, and forswear himself, do his Neighbour Injustice, betray his Countreys Liberties, and consequently enslave him_self and his Posterity, and all this meerly because he is He_ctor'd and threaten'd a little?

Jurym.

I know it should not sway with any, but alas, a Prison is terrible to most men, whatever the Cause be; And the Fine may be such, if one shall refuse to comply, as may utterly ruin ones Family.

Jurors cannot be Fined or Imprisoned in any case for giving their Verdict ac_cording to their Consci_ences, though contrary to the direction or sense of the Court. Barr.

Fright not your self, there is no cause for this Ague_fit, to shake your Conscience out of Frame; if you are Threat_ned tis but Brutum Fulmen, Lightning without a Thunder_bolt, nothing but big words, for it is well known That there is never a judge in England that can Fine or Imprison any Jury-man in such a Case.

Jurym.

Good Sir! I am half asham'd to hear a Barrister talk thus; have not some in our memory been Fin'd and Impri_son'd? And sure that which has actually been done is not al_together Impossible.

Barr.

Your Servant Sir! Under favour of your mighty Wisdom and Experience, when I said no Judge could do it, I spake the more like a Barrister, for tis a Maxim in Law &horfill; Id possumus quod Jure possimus. A man is said to be Able to do only so much, as he may Lawfully do. But such Fining or Imprisoning cannot Lawfully be done; the Judges have no Right or Power by Law to do it, and therefore it may well be said, they cannot, or are not able to do it.

And whereas you say, that some Juries in our Memory have been Fined and imprisoned, you may possibly say true, But tis as true that it hath been only in our Memory, for no such thing was practised in Antient times, for so I find it asserted by a late Learned Judge Lord Chief Justice Vaughan in his Reports. fol. 146 in these possitive words; No case can be offered, either before Attaints granted in General, or after, that ever a Jury was punisht by Fine and Imprison_ment by any Judge, for not finding according to their evidence and his direction, until Pophams time, nor is there clear proof, that he ever Fined them for that Reason, separated from other Misdemeanours. And Fol, 152 he Affirms &horfill; That no man can shew, that a Jury was ever punisht upon an Information either at Law or in the Star-Chamber, where the Charge was only for finding against their Evidence, or giving an untrue Verdict, un_less Imbracery, Subornation, or the like were joyn'd. So that you see, the Attempt is an Innovation as well as unjust, a thing unknown to our Fore-fathers and the Antient Sages of the Law; and therefore so much the more to be watcht a_gainst, resisted and suppressed, whilst young, lest in time this crafty Cockatrices Egg hatcht and fosterd by Ignorance, and pusillanimous Compliance, grow up into a Serpent too big to be master'd, and so Blast and destroy the First-Born of our English Freedoms. And indeed (Blessed be God) it hath hitherto been rigorously opposed as often as it durst Crawl abroad, being Condemned in Parliament and knockt o'th head by the Resolutions of the Judges upon solemn Argu_ment. As by and by I shall demonstrate.

Jurym.

Well, but are Iurors not liable then to Fine or Im_prisonment in any Case whatsoever.

Juries Office partly Ministe_rial, partly Judicial.Barr.

Now you run from the Point; we were talking of giving their Verdict, and you speak of any Case whatsoever. Whereas you should herein observe a necessary distinction, which I shall give you in the words of that Learned Iudge last Cited Vaughan Rep. fo. 152. Much of the Office of Jurors in order to their Verdict is Ministerial; as not withdrawing from their Fellows after they are Sworn, not receiving from either side Evidence not given in Court; Not eating and drinking before their Ver_dict; Refusing to give a Verdict, &c. Wherein if they Transgress they may be finable. But the Verdict it self, when given, is not an Act Ministerial, but Judicial and (supposed to be) accord_ing to the best of their Judgment, for which they are not Fi_nable, nor to be punisht but by Attaint; that is, by another Jury, in Cases where an Attaint lies, and where it shall be found that Wilfully they gave a Verdict false and Corrupt.

Now that Iuries otherwise, are in no Case punishable, nor can (for giving their Verdict according to their Consciences and the best of their Judgment) be Legally Fined or Impri_soned by any Iudge on Colour of not going according to their Evidence, or finding contrary to the directions of the Court, is a truth both founded on unanswerable Reasons and Con_firmed by irrefragable Authorities.

Jurym.

Those I would gladly hear.

Barr.

They are many, but some of the most evident are these that follow.

As for Reasons.

1. A Iury ought not to be Fined or Imprisoned, because they do not follow the Iudges directions, for if they do fol_low his direction, they may yet be Attainted, and to say they gave their Verdict according to his directions is no Barr, but the Iudgment shall be revers'd and they punisht for doing that, which if they had not done, they should (by this O_pinion) have been Fined and Imprisoned by the Iudge, for not doing it. &horfill; Which is Unreasonable.

2. If they do not follow his direction, and be therefore Fined, yet they may be Attainted, and so they should be doubly punisht by distinct Iudicatures for the same Offence, which the Common Law never admits.

3. To what end is the Jury to be return'd out of the Vi_cinage (that is, the neighbourhood) whence the issue ariseth? To what end must Hundredors be of the Jury, whom the Law supposeth to have nearer knowledge of the Fact than those of the Vicinage in general? To what end are they challeng'd so scrupulously to the Array and Pole? to what end must they have such a certain Freehold, and be Probi & legales homines, and not of Affinity with the Parties concerned? &c. If after all this they implicitly must give a Verdict by the Dictates and Authority of another Man, under pain of Fines and Imprison_ment, when sworn to do it according to the best of their own knowledge; a Man cannot see by anothers Eye, nor hear by anothers Ear, no more can a Man conclude or infer the thing to be resolved by anothers understanding or reasoning, unless all Mens understandings were equally alike; and if meerly in compliance because the Iudge says thus or thus, a Iury shall give a Verdict, though such their Verdict should happen to be right, true, and just, yet they being not assured it is so from their own understanding, are forsworn, at least in Foro Con_scienti�.

4. Were Jurors so finable, then every Major and Bailiff of Corporations, all Stewards of Leets, Justices of Peace, &c. whatever Matters are try'd before them, shall have Verdicts to their minds, or else Fine and Imprison the Jurors till they have; so that such must be either pleased, humored, or grati_fied, else no Justice or Right to be had in any Court.

5. Whereas a Person by Law may Challenge the Sheriff or any Jury-man, if of Kin to his Adversary, yet he cannot chal_lenge a Major, Recorder, Justice, &c. who 'tis possible will have a Verdict for their Kinsman, or against their Enemy, or else Fine and Imprison the Jury till they have obtained it; so that by this means our Lives, Liberties, and Properties shall be solely tryed by, and remain at the Arbitrary dispose of eve_ry mercenary or corrupted Justice, Major, Bailiff, or Recor_der, if any such should at any time get into Office.

6. 'Tis unreasonable that a Jury should be Finable on pre_tence of their going against their Evidence, because it can ne_ver be Tryed whether or no in truth they did find with or a_gainst their Evidence, by reason no Writ of Error lies in the Case.

7. Were Jury-men liable to such Arbitrary Fines, they should be in a worse condition than the Criminals that are tryed by them; for in all Civil Actions, Informations, and Indict_ments, some Appeals, or Writs of false Judgment, or of Er_ror, do lie into Superior Courts to try the regular Proceedings of the Inferior. But there can be no After-Tryal or Examina_tion, but the Jury-man (if Fining at all were lawful) must either pay the Fine, or lie by it, without remedy, to decide whether in his particular Case he were legally Fined or not.

8. Without a Fact agreed, it is as impossible for a Judge or any other to know the Law, relating to that Fact, or direct con_cerning it, as to know an Accident that hath no Subject; for as where there is no Law, there is no Transgression, so where there is no Transgression, there is no place for Law; for the Law (saith Divine Authority) is made for the Transgressor. And as Cook tells us, Ex facto Jus oritur, upon stating the Fact or Trans_gression matter of Law doth arise, or grow out of the Root of the Fact. Now the Jury being the sole Judges of Fact, and Matter in Issue before them, not finding the Fact on which the Law should arise, cannot be said to find against Law, which is no other than a Superstructure on Fact; so that so say they have found against the Law, when no Fact is found, is absurd; an expression insignificant and unintelligible; for no Issue can be joyned of matter in Law, no Jury can be Charged with the Tryal of matter in Law barely, no Evidence ever was, or can be given to a Jury of what is Law, or not. Nor can any such Oath be given to, or taken by a Jury to try matter in Law, nor does an Attaint for such Oath, if false, &c. But if by find_ing against the Direction of the Court in matter of Law, shall be understood, that if the Judge having heard the Evidence given in Court, (for he can regularly know no other, though the Jury may) shall tell the Jury upon this Evidence, the Law is for the Plaintiff, or the Defendant, and the Jury are under pain of Fine and Imprisonment to Find accordingly; then 'tis plain the Jury ought of Duty so to do. Now if this were true, who sees not that the Iury is but a troublesome Delay, of great Charge, much Formality, and no real use, in determining right and wrong, but meer Ecchos to sound back the pleasure of the Court; and consequently that Tryals by them might be better abolish'd than continued? which is at once to spit Folly in the Faces of our Venerable Ancestors, and enslave our Posterity.

9. As the Iudge can never direct what the Law is in any Mat_ter Controverted, without first knowing the Fact, so he can_not possibly know the Fact but from the Evidence which the Iury have; but he can never fully know what Evidence they have, for besides what is sworn in Court, (which is all that the Judge can know) the Jury being of the Neighbourhood, may, and oft-times do know something of their own knowledge, as to the Matter it self, the Credit of the Evidence, &c which may justly sway them in delivering their Verdict, and which self knowledge of theirs is so far countenanced by Law, that it supposes them capable thereby to try the Matter in Issue, (and so they must) though no Evidence were given on either side in Court. As when any Man is Indicted, and no Evidence comes against him, the Direction of the Court always is, You are to acquit him, unless of your own knowledge you know him Guilty; so that even in that Case they may find him Guilty without any Witnesses. Now, how absurd is it to think, that any Iudge has power to Fine a Iury for going against their E_vidence, when he that so Fineth knoweth perhaps nothing of their Evidence at all, (as in the last Case) or at least but some part of it? For how is it possible he should lawfully punish them for that which it is impossible for him to know.

Lastly, Is any thing more common, than for two Lawyers or Iudges to deduce contrary and opposite Conclusions out of the same Case in Law? And why then may not two Men infer distinct Conclusions from the same Testimony? And consequent_ly may not the Judge and Jury honestly differ in their Opinion or Result from the Evidence, as well as two Iudges may, which often happens; and shall the Jury-men meerly for this diffe_rence of Apprehension merit Fine and Imprisonment, because they do that which they cannot otherwise do, preserving their Oath and Integrity? especially when by Law they are presum'd to know better and much more of the Business, than the Judge does as aforesaid.

Are not all these gross contradicting Absurdities? and un_worthy (by any Man that deserves a Gown) to be put upon the Law of England, which has ever own'd Right Reason for its Parent, and dutifully submitted to be guided thereby?

Jurym.

If the Law, as you say, be Reason, then undoubt_edly this Practice of Fining of Juries is most Illegal, since there cannot be any thing more unreasonable; But what Authorities have you against it?

Barr.

You have heard it proved to be a Modern up-start en_croachment, so you cannot expect any direct or express Con_demnation of it in Ancient Times, because the thing was not then set on Foot. And by the way, though Negative Arguments are not necessarily conclusive, yet that we meet with no Prece_dents of old of Iuries Fined, for giving their Verdict contrary to Evidence, or the Sense of the Court, is a violent presump_tion, that it ought not to be done; for it cannot be supposed, that this latter Age did first of all discover, that Verdicts were many times not according to the Iudges Opinion and Liking. Undoubtedly they saw that as well as we; but knowing the same not to be any Crime, or punishable by Law, were so Mo_dest and Honest as not to meddle with it. However, what en_tertainment it hath met with when attempted in our Times, I shall shew you in two remarkable Cases.

1. When the late Lord Chief Iustice Keeling had attempted something of that kind, it was complained of, and highly re_sented by the then Parliament; as appears by this Copy of their Proceedings thereupon taken out of their Journal, as follows.

Die Mercurii 11. Decembris 1667.

The House resumed the Hearing of the rest of the Report touching the matter of Restraint upon Juries, and that upon the Examination of divers Witnesses in several Cases of Re_straints put upon Iuries by the Lord Chief Iu_stice Keeling, and thereupon Resolved as followeth.

First, That the Proceedings of the said Lord Chief Iustice in the Cases now Reported are Innovations in the Tryal of Men for their Lives and Liberties. And that he hath used an Arbitrary and Illegal Power, which is of dangerous Conse_quence to the Lives and Liberties of the People of England, and tends to the introducing of an Arbitrary Government.

Secondly, That in the Place of Iudicature the Lord Chief Iu_stice hath undervalued, vilified, & contemned Magna Charta, the great Preserver of our Lives, Freedom, and Property.

Thirdly, That he be brought to Tryal in order to condign Punishment, in such manner as the House shall judge most fit and requisite.

Die Veneris 13. Decembris 1667.

Resolved, &c.

That the Precedents and Practice of Fining or Imprison_ing of Iurors for giving their Verdicts, is Illegal.

Here you see it Branded in Parliament: Next you shall see it formally condemn'd on a solemn Argument by the Judges. The Case thus.

The Sum of the Case of Bushel, and the rest of Mr. Pen and Mr. Meads Jury. At the Sessions for London Sept. 1670. William Pen, and William Mead (two of the People commonly called Quakers) were Indicted, for that they with others, to the number of 300, on the 14th Aug. 22. Regis, in Gray-Church-Street, did with Force and Arms, &c. unlawfully and tumultuously assemble and congregate themselves together to the distur_bance of the Peace; and that the said William Pen did there Preach and speak to the said Mead and other Persons in the o_pen Street; by reason whereof a great Concourse and Tumult of People in the Street aforesaid then and there a long time did remain and continue, in contempt of our said Lord the King, and of His Law, to the great disturbance of his Peace, to the great Terror and disturbance of many of His Liege People and Subjects, to the ill example of all others in the like Case Offenders, and against the Peace of our said Lord the King, His Crown and Dignity.

The Prisoners Pleading Not Guilty, it was proved, that there was a Meeting at the time in the Indictment mentioned, in Gray-Church-Street, consisting of three or four hundred People, in the open Street, that William Pen was Speaking or Preaching to them, but what he said the Witnesses (who were Officers and Soldiers sent to disperse them) could not hear. Note, that the Qua_kers have a Meeting_house in that Street, out of which they were then kept by Sol_diers, and therefore they met as near to it as they could in the open Street. &horfill; This was the effect of the Evidence; which Sir John Howel, the then Recorder, (as I find in the Print of that Tryal P. 14) was pleased to sum up to the Iury, in these words.

"You have heard what the Indictment is, 'tis for Preaching to the People in the Street, and drawing a Tumultuous Com_pany after them, and Mr. Pen was speaking; if they should not be disturb'd, you see they will go on, there are three or four Witnesses that have proved this, that he did Preach there, that Mr. Mead did allow of it. After this you have heard by substantial Witnesses what is said against them; Now we are upon the Matter of Fact, which you are to keep to, and observe, as what hath been fully sworn, at your peril.

This Tryal begun on the Saturday; the Jury retiring, after some considerable time spent in debate, came in, and gave this Verdict, &horfill; Guilty of Speaking in Gray-Church-Street. At which the Court was offended, and told them, they had as good say no_thing; Adding, &horfill; Was it not an unlawful Assembly? you mean he was speaking to a Tumult of People there. But the Foreman saying, what he had delivered was all he had in Commission, and others of them affirming, That they allowed of no such word as an unlawful Assembly in their Verdict, They were sent back again, and then brought in a Verdict in writing, subscri_bed with all their Hands, in these words.

We the Jurors hereafter named do find William Pen to be Guil_ty of Speaking or Preaching to an Assembly met together in Gray-Church street the 14th of Aug. 1670. And William Mead not Guilty of the said Indictment.

Note, though this Jury for their excellent example of courage and constancy de_serve the commendation of every good English-man, yet if they had been better advis'd, they might have brought the Prisoners in Not Guilty at first, saved themselves the trouble and inconvenien_ces of these two Nights Restraint. This the Court resented still worse, and therefore sent them back again, and Adjourned till Sunday morning, but then too they insisted on the same Verdict, so the Court Adjourned till Monday morning; and then the Jury brought in the Prisoners generally Not Guilty, which was Recorded, and allowed of. But immediately the Court fined them Forty Mark a Man, and to lie in Prison till paid.

Being thus in Custody, Edw. Bushel, one of the said Iurors, on the 9th of Nov. following brought his Habeas Corpus in the Court of Common-Pleas. On which the Sheriffs of London made Retorn, That he was detained by vertue of an Order of Sessions, whereby a Fine of forty Marks was set upon him and eleven others particularly named, and every of them be_ing Iurors sworn to try the Issues joyned between the King, and Pen, and Mead, for certain Trespasses, Contempts, unlaw_ful Assemblies and Tumults, and who then and there did ac_quit the said Pen and Mead of the same, against the Law of this Kingdom, and a_gainst full and manifest Evidence, and against the direction of the Court in matter of Law and upon the Premises openly in Court to them given and declared; and that it was ordered they should be imprisoned till they several_ly paid the said Fine, which the said Bushel not having done, the same was the cause of his Caption and Detention. See Bushels Case in Vaughans Re_ports at large.

The Court coming to debate the validity of this Retorn, ad_judged them same insufficient; for 1. The Words, &horfill; Against full and manifest Evidence, was too general a Cause; the Evi_dence should have been fully and particularly recited, else how shall the Court know it was so full and evident; they have now only the Iudgment of the Sessions for it, that it was so; but, said the Iudges, Our Judgment ought to be Grounded upon our own Inferences and Understandings, and not upon theirs.

2. It is not said, that they acquitted the Persons Indicted a_gainst full and manifest Evidence, corruptly and knowing the said Evidence to be full and manifest, for otherwise it can be no Crime; for that may seem full and manifest to the Court, which does not appear so to the Iury.

3. The other part of the Return, viz. That the Iury had ac_quitted those Indicted, against the direction of the Court in matter of Law, was also adjudged to be naught, and unreasona_ble, and the Fining of the Juries for giving their Verdict in any Case concluded to be illegal, for the several Reasons before re_cited, and other Authorities of Law urged to that purpose; and all the Precedents and Allegations brought to justify the Fine and Commitment solidly answered; whereupon the Chief Iustice delivered the Opinion of the Court, That the Cause of Commitment was insufficient; and accordingly the said Bushel, and other his Fellow-prisoners, were discharged, and left to the Common Law for Remedy and Reparaton of the Damages by that tortious illegal Imprisonment sustained.

Which Case is (amongst others) Reported by that Learned Iudge Sir John Vaughan, at that time Lord Chief Iustice of the Com_mon-Pleas, setting forth all the Arguments, Reasons, & Authorities on which the Court proceeded therein; from which I have extra_cted most of the Reasons which before I recited for this Point, & for the greatest part in the very words of that Reverend Author.

Jurym.

This Resolution hath, one would think (as you said) knock'd this Illegal Practice on the Head, beyond any possibility of Revival, but may it not one day be denied to be Law, and the contrary justified?

Barr.

No such thing can be done without apparent violating and subverting all Law, Justice and Modesty; for though the Precedent it self be valuable, and without further inquiry is wont to be allowed, when given thus deliberately upon solemn debate by the whole Court; yet 'tis not only that, but the sound substantial and everlasting Reasons, whereon they grounded such their Resolves, that will at all times Justify Fining of Iuries in such Cases to be Illegal; besides, as the Reporter was most con_siderable, both in his Quality as Lord Chief Justice, and for his Parts, soundness of Iudgment, and deep Learning in the Law; so such his Book of Reports is approved and recommended to the World, (as appears by the Page next after the Epistle) by the Right Honourable the present Lord Chancellor of Eng_land, Sir William Scroggs, now Lord Chief Iustice of England, my Lord North, Chief Iustice of the Common-Pleas; and in a word, by all the Iudges of England at the time of Publishing thereof; so that it cannot be imagined how any Book can challenge greater Authority, unless we should expect it to be particularly confirm'd by Act of Parliament.

Jurym.

You have answered all my Scruples, and since I see the Law has made so good Provision for Jury-mens priviledges and safety, God forbid any Jury-man should be of so base a temper, as to betray that (otherwise) impregnable Fortress wherein the Law hath plac'd him, to preserve and defend the just Rights and Liberties of his Country, by treacherously surrendering the same into the hands of Violence or Oppressi_on, though maskt under never so fair Stratagems and Pre_tences; for my own part, I shall not now decline to appear according to my Summons, and therefore (though I fear I have detained you too long already) shall desire a little more of your direction about the Office of a Jury-man, in particu_lar that I may uprightly and honestly discharge the same.

Barrist.

Though I think from what we have discours'd be_ing digested and improv'd by your own Reason, you may suf_ficiently Inform your self, yet to gratifie your request, I shall add a few brief Remarques, as well of what you ought cauti_ously to avoid, as what you must diligently pursue and regard if you would justly and truly do your duty.

First, as to what you must avoid.

1. I am very Confident, that you would not willingly vi_olate the Oath which you take, but 'tis possible that there are such who as frequently break them, as take them, through their careless custome on the one hand, or slavish fear on the other, against which I would fully caution you; that you may defend your self and others, against any Enemies of your Countreys Liberties and happiness, and keep a good Conscience towards God and towards man.

2, 'Tis frequent, that when Juries are withdrawn that they may consult of their Verdict, they soon forget that Solemn Oath they took, and that mighty Charge of the Life and Liberty of men, and their Estates, whereof then they are made Judges, and on their Breath not only the Fortunes of the particular Party, but perhaps the preservation or Ruin of several Numerous Fa_milies does Solely depend, now I say without due Conside_ration of all this, nay sometimes without one serious thought, or Consulted Reason offered Pro, or Con, presently the Fore_ man or one or two that call themselves Antient Jury-men (though in truth they never knew what belongs to the place more than a common School-Boy) rashly deliver their Opinions and all the rest in respect to their supposed Gravity and Expe_rience, or because they have the biggest Estates, or to avoid the trouble of disputing the Point, or to prevent the spoiling of Dinner by delay, or some such weighty Reason, forthwith a_gree blind fold, or else go to holding up of hands or telling of Noses, and so the Major Vote carries away Captive both the Reason and Consciences of the rest. Thus trifling with Sacred Oaths, and putting mens Lives, Liberties and Proper_ties (as it were) to the hap-hazard of Cross or Pile; This Practise or something of the like kind, is said to be too Custo_mary amongst some Jurors, which occasions such their extraordinary dispatch of the weightiest or most Intricate matters, but there will come a time when they shall be called to a severe Account for their Hast and Negligence, therefore have a care of such Fellow-Jurors.

3. Such a Slavish Fear attends many Jurors, that let the Court but direct to find Guilty, or not Guilty, though they themselves see no just Reason for it, yea oft-times though their own Opinions are contrary, and their Consciences tell them it ought to go otherwise; yet, right or wrong accordingly they will bring in their Verdict; and therefore many of them never regard seriously the course and force of the Evidence, what and how it was delivered more or less to prove the In_dictment, &c. But as the Court Sums it up, they find; as if Juries were appointed for no other purpose but to Eccho back, what the Bench would have done; such a base temper is to be avoided, as you would escape being Forsworn, even though your Verdict should be right; for since you do not know it so to be by your own Judgment or Understanding, you have abused your Oath and hazarded your own Soul as well as your Neighbours Life Liberty or Property, because you blindly depend on the opinion or perhaps passion of others, when you were Sworn well and truly to try them your selves. Such an implicite Faith is near of Kin to that of Rome in Religion, and (at least in the next degree) as dangerous.

4. There are some that make a Trade of being Jury-men that seek for the Office, use means to be constantly continued in it, will not give a disobliging Verdict lest they should be discharg'd and serve no more, these standing Jurors have cer_tainly some ill game to play, there are others that hope to Signalize themselves to get a better Trade, or some Prefer_ment by serving a Turn; there are others that have particu_lar Piques and a humor of Revenge against such or such Par_ties, if a man be but miscall'd by some Odious name, or said to be of an exploded Faction &horfill; streight they cry hang him, Find him Guilty, no punishment can be too bad for such a Fellow, in such a case they think it merit to Stretch an Evi_dence on the tenter-hooks, and strain a Point of Law because they fancy it makes for the Interest of the Government. As if Injustice or Oppression could in any case be for the true In_terest of Government when in truth nothing more weakens or destroys it, but this was an old stratagem, if thou suffer this man to escape, thou shalt not be C�sars Friend. When C�sar was so far from either needing or thanking them for any such base Services, that had he but truly understood them, he would severely have punisht their Partiality and Tyranny.

All these and the like pestilent Biases are to be avoided and abominated by every honest Jury-man.

But now as to the positive Qualifications requisite.

1. You that are Jury-men should first of all seriously re_gard the weight and importance of the Office; your own Souls other mens Lives, Liberties, Estates, all that in this World are dear to them, are at Stake, and in your hands; therefore consider things well before-hand, and come substantially fur_nished and provided with sound and well-grounded Conscien_ces, with clear minds, free from malice, fear, hope, or favour; lest instead of Judging others, thou shouldest work thy own Condemnation, and stand in the sight of God our Creator and Judge of all men, no better than a Murtherer, or Perjur_ed Malefactor.

2. Observe well the Record, Indictment or Information that is read, and the several parts thereof, both as to the mat_ter, manner, and form.

3. Take due notice and regard to the Evidence offered for Proof of the Indictment, and each part of it, as well to man_ner and form as matter; and if you suspect any Subornation, foul Practise, or tampering hath been with the witnesses, or that they have any malice or sinister design, have a special regard to the Circumstances or Incoherencies of their Tales, and endeavour by apt Questions to sift out the truth, or dis_cover the Villainy. And for your better satisfaction endeavour to write down the evidence or the Heads thereof that you may the better Recall it to memory.

4. Take notice of the nature of the Crime charged, and what Law the Prosecution is grounded upon, and distinguish the supposed Criminal Fact which is proved, from the aggra_vating Circumstances which are not proved.

5. Remember that in Juries there is no Plurality of Voices to be allowed; 7 cannot over-rule or by vertue of Majority Conclude 5. no, nor 11, 1. But as the Verdict is given in the name of all the 12, or else it is void: So every one of them must be actually agreeing, and satisfied in his par_ticular Understanding and Conscience, of the truth and Righ_teousness of such Verdict, or else he is forsworn; and there_fore if one man differ in Opinion from his fellows, they must be kept together, till either they by strength of Reason or Argument can satisfy him, or he convince them. For he is not to be Hecktor'd, much less punisht by the Court into a Compliance; for as the L. Ch. Justice Vaughan says well, if a man differ in Judgment from his Fellows whereby they are kept a day and a night, though his dissent may not in truth be as reasonable as the Opinion of the rest that agree, yet if his Judgment be not satisfied, one disagreeing can be no more Cri_minal than four or five disagreeing with the rest. Rep. fol. 151. Upon which occasion the said Author recites a remarkable Case out of an antient Law-Book 41 Iss. p. 11. a Juror would not agree with his fellows for two days, and being demanded by the Judges, if he would agree, said, he would first die in Prison, whereupon he was Committed and the Verdict of the eleven taken, but upon better Advice, the Verdict of the eleven was Quasht, and the Juror discharged without Fine, and the Justices said the way was to carry them in Carts (this is to be understood at Assizes where the Judges cannot stay but must remove in such a time into another County) until they agreed, and not by Fining them. And as the Judges err'd in tak_ing the verdict of Eleven, so they did in Imprisoning the Twelve. And there_fore you see on second thoughts Releas'd him.

6, Endeavour as much as your Circumstances will permit at your spare Hours to Read and Understand the Fundamental Laws of the Country; such as Magna Charta, the Petition of Right, the late excellent Act for Habeas Corpus's, Horns Mirrour of Justices, Sir Edw. Cook in his 2d 3d and 4th parts of the Institutes of the Law of England, and Judge Vaughans Reports, these are Books frequent to be had, and of excellent use to in_form any Reader of Competent Apprehension, of the true Liberties and Priviledges which every English man is Justly Intituled unto, and Estated in by his Birth-right, as also the nature of Crimes and the punishments severally and respectively Inflicted on them by Law, the Office and du_ties of Judges, Juries, and all Officers and Ministers of Justice, &c. Which are highly necessary for every Jury-man in some Competent measure to know, for the Law of England hath not placed Tryals by Juries to stand between men and Death or Destruction to so little purpose as to Pronounce men Guilty, without regard to the nature of the Offence, or to what is to be Inflicted thereupon.

For want of truly understanding and considering these things, Juries many times plunge themselves into lamentable perplexities; as it befel the Jury who were the Tryers of Mr. Udal a Minister, who in the 32d year of Q. Eliz. was Indicted and Arraigned at Croydon in Surry, for High_Treason, for defaming the Queen and Her Government in a certain Book Intituled, A Demonstration of the Discipline, &c. And though there was no Direct, but a scambling Shadow of Proof, and though the Book duly con_sidered contained no matter of Treason, but certain words which by a forced construction were laid to tend to the defamation of the Govern_ment, and so the thing prosecuted under that Name; yet the Jury not thinking that in pronouncing him Guilty, they had upon their Oath pro_nounced him Guilty of Treason, and to die as a Traitor; but supposing that they had only declared him Guilty of making the Book, hereupon they brought him in Guilty, but when after the Judges Sentence of Death a_gainst him (which they never in the least intended) they found what they had done, they were confounded in themselves, and would have done any thing in the world to have Revok'd that unwary pernicious Verdict, when, alas! it was too late. Dr. Fuller has this witty note on this witty Gen_tlemans Conviction, that is was Conceived rigorous in the greatest, which at best (saith he) is Cruel in the least Degree. And it seems so Queen Elizabeth thought it, for she suspended Execution, and he dyed natural_ly. But his Story survives to warn all Succeeding Jury-men to endea_vour better to understand what it is they do, and what the Consequences thereof will be.

7. As there is nothing I have said intended to encourage you to partiali_ty, or tempt any Jury-man to a Connivance at Sin and Malefactors, whereby those Pests of Society should avoid being brought to condign punish_ment, and so the Law cease to be a terror to evil-doers; which were in him an horrible Perjury, and indeed a foolish Pitty, or Crudelis misericordia, a Cruel Mercy; for he is highly injurious to the Good that absolves the Bad, when real Crimes are proved against them; so that I must take leave to say, That in Cases where the matter is dubious, both Lawyers and Di_vines prescribe rather favour than rigour; an eminent and learned Judge Fortescue, ca. 27. of our own has in this Advice and Wish gone before me, Mallem rever� viginti Facinorosos mortem pietate evadere, quam justum unum injuste condem_nari. I verily (saith he) had rather twenty evil-doers should escape death through Tenderness or Pitty, than that one Innocent Man should be unjustly con_demned.

I shall conclude with that excellent Advice of my Lord Cook, In the Epilogue of his 4th Part of Institutes. which he generally addresses to all Judges, but may no less properly be applyed to Jurors. &horfill;

Fear not to do Right to all, and to deliver your [Verdicts] justly accord_ing to the Laws; for Fear is nothing but a betraying of the Succours that Reason should afford; and if you shall sincerely execute Justice, be assured of three Things.

1. Though some may malign you, yet God will give you his Blessing.

2. That though thereby you may offend Great Men and Favourites, yet you shall have the favourable Kindness of the Almighty, and be his Fa_vourites.

And lastly, That in so doing, against all scandalous Complaints and pragmatical Devices against you, God will defend you as with a Shield.

&horfill; For thou Lord wilt give a Blessing unto the Righteous, and with thy favou_rable Kindness wilt thou defend him as with a Shield. Psal. 5.15.

FINIS. |CLA |Y1694 A TREATISE, SHEWING How Usefull, Safe, Reasonable and Beneficial, the Inrolling & Registring Of all Conveyances of Lands, may be to the Inhabitants of this KINGDOM. &horbar By a Person of Great Learning and Judgment. &horbar LONDON, Printed for Mat. Wotton, at the Three Daggers near the Inner-Temple-Gate in Fleetstreet, 1694. &horbar &horbar A TREATISE Concerning Inrollment of DEEDS.

IN the Business in Agitation touching Inrolling of Deeds, These things considerable.

1. The Mischief propounded, to be reme_died. 2. The Remedy to be applyed.

The Mischiefs at present to be remedied are,

1. The great Deceit committed by Persons by se_cret Judgments, Mortgages, Conveyances, and Set_tlements; whereby Purchasers are oftentimes de_ceived, and Creditors defeated. And this the more considerable in England, because indeed the great Inland_Trade we have, is the Trade of Buying and Selling of Lands, and the great Security that is ordinarily given to Creditors and Lenders of Money is by Security of Land. 2. The Multitude of chargeable and difficult Suits in Law, occasioned by Preconveyances, secret Mortgages and other Incumbrances, which probably would be avoided and lessened, if all Mens E_states lay open to the View of others.

The Remedy propounded is, by an Office of In_rollment, or Registry of Conveyances.

In this, as in all other Applications of Remedies to any Mischiefs, these things must be considered.

1. How and by what means the Remedy may be commensurate to the Mischief? 2. Whether the Remedy or the Application there_of in such manner as it may be commensurate to the Mischief, be feasible or not? 3. Admit it be, Then what Inconveniencies may otherwise be introduced by the Application of the Remedy. 1. If the Inconveniencies introduced by it be greater than the Benefit it gives, the Reme_dy is to be rejected. 2. If the Inconveniencies thereby occasioned be over-weighed by the Benefit, Then it may be Entertained.

But with due Consideration or Provision that those Inconveniencies introduced by the Remedy, may with as much Prudence as may be, be obviated, prevented, removed, or very much allayed by suita_ble Provisions against them.

The first of these Considerations, namely the Ap_plication of the Remedy in a due Commensurateness, to the Mischief, must needs be by taking Care that there be no Room or Inlet for any such Deceit by secret Conveyances or Incumbrances of Estates: For if any one Leak be left unstopt, the Vessel will sink as well as if more were open. And if any one Device be left unprovided for, thither will fraudulent Persons betake themselves, and get out of the Remedy in_tended.

Therefore,

1. All Judgments, Statutes, and Recognizan_ces, must lye open to view, either by Inrol_ling or Registring them, because those charge Lands. Trusts. 2. All Trusts touching Estates must be Inrolled or Registred, for now by the Power of Courts of Equity, these do charge Lands, and some_times in the hands of the Fourth or Fifth Pur_chasor, if there be proof of notice. 3. All Mortgages, as well for_feited as not forfeited, Defeazances in Nature of Mortgages, must be Inrolled. 4. All Powers of Revocation and limitting of new Uses, Powers of Letting or Charging Estates, must be Registred or Inrolled; for these may alter the Title of Lands, and are some_times contained in distinct Deeds, from the Deed whereby the Estate is setled. 5. All Declarations of Uses and Trusts upon Fines, Recoveries, and other Assurances. 6. All Grants of Rents, Commons, Profits, all Conditions and Reservations of Rents. 7. All Leases, for Years or Lives, made by any Person either with Rent, or without it. 8. In brief, All Feoffments, Grants, Releases, Confirmations, Wills, Forfeitures, Escheats, Commons, or whatsoever other Estate or In_terest in them.

For if any of these be not Inrolled or Registred, or some way rendred open to the view of every Per_son, a Man may be cheated or deceived. And what is odds, whether a Man be deceived by a secret Mortgage or Judgment? or by a secret Lease for Lives or Years, or by a secret Settlement, or Devise or Will? And all these must be secret to him that hath no ready means to discover them: The Reme_dy whereof is designed in this publick Registry.

And yet further, If the Remedy be intended as large as the Disease, this Registry must not only look forward, but it must look backward, (viz.) That all Estates and Incumbrances now in Being, as well as those that shall be hereafter, must be laid o_pen to the View, otherewise the Provision is not commensurate, there being in all probability a Stock of latent Incumbrances and Charges upon Lands, which may serve at least to deceive and cheat this pre_sent Age, and the next also. Therefore unless there be some Notification of present Incumbrances as well as future, we but lay up a Security, that it may be of use an Hundred Years hence, and leave the pre_sent and intervening Ages in as bad, if not worse Condition, than we find them.

Therefore a Remedy commensurate to the Mis_chief must needs provide for the Registring all Estates and Interests, and Charges of Lands, and that as well for the time past, as time to come; otherwise the Plaister is too narrow for the Sore.

2. The second Consideration is, Whether this be possible to be done? Indeed it is a fine thing in the The_ory and Speculation, and a Man that fixeth his Thoughts upon the good that might come by such an Expedient, without troubling himself with the Dif_ficulties that lie in the way to it, may drive it on very earnestly; but he that shall consider the Difficulty of it, will easily see that it is but a Notion and Specula_tion, and cannot be effected or reduced into practice, at least not without immense Confusion.

The Difficulties that attend this Design, are either such as relate to the Inrolling of Estates now in Be_ing; or secondly, The Inrolling of Estates hereaf_ter to made or granted; or Thirdly, Such Difficul_ties as relate to both.

Liberty. Penalty. 1. The Difficulties that attend the Inrolling of E_states now in Being, or past, these seem insuperable. In order to the discovery hereof, we must suppose, that either every Man shall be at Liberty to Inroll or Register his Estate, or it must be under his Penalty, that if he fail herein, he must lose his Estate. If we suppose the former, then every Man is still at Liber_ty, as he was before, and nothing is effected by it.

If the Latter, (viz) That he shall lose if he do not Inroll the Estate he hath, or which is all one, it shall be in the power of him that Inrolls a Subsequent Title to make the former, not Inrolled, void; Then either that Inrollment or Registry must be barely of his Claim, or some Abstract of his Ti_tle; or he must Inroll the Tenor of the Deed, or Evidence by which he Claims.

If we shall suppose the former, then these things will be Considerable. Mistakes. First, What if he doth in some things mistake his Claim? It may be, he thinks he has an Estate in Fee-Simple, when it is but in Tail, It may be an Estate Absolute, when it is Conditio_nal; Abstracts. Certainly he that Claims by an Abstract, had need of a very good Counsel at his Elbow, to give him sound and uncontroulable Advice, in drawing it up; otherwise he that hath a good Title may lose it for want of a right Abstract of his Title by which he Claims. Surely therefore every Man that hath a good Title, and can possibly come by the Deed or Evidence by which he Claims it, will Inroll his Deed at large, for fear he should omit any thing essential to his Title. Deed at large. Secondly, Or else it is intended, that though he mistake his Title, yet if he enter as much as he thinks fit, it shall be sufficient to preserve his Estate. And if this be intended, the whole design of Registring and Inrolling will End in a publick Deceit and Insecurity, when perchance in the Event, the Estate or Interest Claimed, doth materially and substantially vary from what is Registred. Claims en_tred. Thirdly, Again, if such an uncertain Claim shall be allowed, not made good by Deeds or Evidences, this Office will breed more Disturbance in many Estates, than any imaginable Deceits or Frauds besides can equal: Suits increa_sed. For any Man shall at a venture make what Claims, and set up what Pretences he pleases to any Mans E_state in England, and shall be admitted to Enrol them in the Registry, and the Person injured shall be either remediless, or driven to more Suits and Ex_pences, to vindicate his Title, than now he is necessi_tated unto, to discover a Fraud in a Seller.

It remains therefore necessary, that whosoever will Inrole any thing in being, he must produce some Authentick Deed, or other Record, to warrant what he would have Inrolled, and then there must be Inrolled at least so much of the Deed, or Evidence that concerns, First, The Parties, Grantor and Grantee. Secondly, The things Granted. Thirdly, The Estate Granted. Fourthly, All those parts of the Deed, or Evidence, that have any Influence upon the Estate: as Rent reserved, Conditions, Powers of Revocation, of Alteration, of Leasing, the Trust, &c. and those other things that have an Influence upon the Estate; and without all this done and truly done, the Pur_chaser or Lender, is as much in the Dark as before, and Cheated under the Credit of a Publick Office Erected to prevent it.

This being the State of the Business in relation to Inrolling of things past; there follows next, those Difficulties that render the Design either Impossi_ble or Fruitless.

1. Many Persons that have Titles, have them by Livery without Deed, or cannot bring the Deed to the Office to be Registred, or Inrolled, because the Deed it self is not, nor by Law cannot be in their Custody, at least de facto is not in their Custody: Remainders. Wills. as they that Claim Remainders where the Custody of the Deed belongs to others, those that Claim by Wills, either concealed, or in the Hands of Executors, and many have lost their Deeds in the late Trou_bles, and to compel Possessors, especially Purchasors of Lands, to discover the Deeds, which possibly they have for the Security of their Title, or to discover the defects of their own Assurances to make others Mens Title appear; and this under a Penalty or Action were an unreasonable thing, and would create a gene_ral insecurity of Purchasors. Purchasors.

If (44 Eliz.) A. Conveyed his Land to B. and 12. Ja. 1. B. Conveyed it to C. and 3. Car. 1. C. conveyed it to D. and 20. Ca. 2. D. Con_veyed it to E. must all these Conveyances be In_rolled or only the last? Mean Con_veyances. If all must be Inrolled, then if any one Mans Conveyance be omitted, suppose it from A. to B. then the omission of the Inrollment thereof, will give a Title to A. or his Heir, to make a Claim to this Land, if only that from the last Seller, then is the Purchaser in the Dark still, what Estates were in the antecedent Owners, and how Derived, and so the Design ineffectual to the end proposed.

3. If all the mean Conyeyances of Mens Estate, should be Inrolled, Westminster-Hall would not hold the Inrollments, and the Charge thereof would be above two Millions of Money; nay, if we should sup_pose the present Estates of the present Owners of Lands in any considerable County, were to be Inrolled, the Charge would be intollerable, and the Bulk it self would be utterly useless: Suppose in Lon_don, 20000. Houses, and each House to have but two Titles, that is, that of the Owners of the Inheritance, and that of the present Lessee, (tho' some have many more concurrent and coincident Titles to recompence those that may have possibly less) this would bring to the In_rollment Office 40000. Deeds, the Inrollment of every Deed at least 10s. would produce 20000 Pound and about 200. Volumes of Velum Books, which would take up the Imployment of ma_ny Clerks, and when the work was done, the Volumes too vast and numerous to be made use of; and what would be done then with the many Leases of Western Mannors, which yet have many under Ti_tles derived under them?

4. But how shall these Deeds come to be Inrol_led? he that made them perchance is Dead, or at lest will not come to acknowledge it, and if every Man that brings a Deed should have it Inrolled without acknowledging it by him that made it, any forg_ed Deed may be Inrolled, and Men in a little while, may lose their Estates, by the Countenance that a forged Deed shall receive, by being Inrolled among the publick Records of the Office; for the Officer can never examine the Truth or Reality of the Deed, or if he could, it would not be reasonable that Mens Estates should depend upon the Judgment of any Ignorant Clerk, or Officer.

2. As for the Inrollment of all Conveyances and Deeds for the time to come, this labours under great Difficulties also, though not so many and so great as the Inrollment of things past; Acknowledgment. because here the Persons that make the Deed may possibly come to acknowledge them before some Persons publickly intrusted, as two Justices of the Peace, or the Master of the Office; yet this has also great Difficulties.

1. Many Mens Estates are by Will, where the Proprietors of the Estates have not the Custody of the Will to produce. Wills. 2. How shall the Officer before whom the Will is produced, if it be produced, know whether the Will be true or forced, or re_voked? since the Devisor is now Dead, that made it; and surely it can't be intended that every Man that makes his Will of Land shall Inroll it in his Life-time, since he may often change, revoke, and alter it. Trusts. 3. Although it is a very great Inconvenience and fit to be remedied by Act of Parliament, that many times in Courts of Equity, Trusts are averred without and contrary to Deed, yet certainly so long as that Usage is allow_ed, all Trusts of Estates cannot be Inrolled because they be oftentimes in Averment and Proof without Writing, and so do often_times the uses of Fines, which as yet have in_fluence into the Estates of most Men, and yet as the Law now stands are averrable without Deed. See Act of Fraud and Perjuries. 4. The Charge of Inrollment of all Incumbrances and Estates of Land, even for the future will, in the space of few Years, grow vast, and the Registry or Inrollment-Office will grow so Voluminary in seven or eight years in most Countries, that they will become useless and unmanageable to the Ends pro_pounded, as would easily appear upon a Me_dium or Estimate of the Estates, Convey_ances, Leases, Judgments, and other Incum_brances that grow up in one County, in one Year.

3. These Difficulties that are common both to Inrollment of things past, and to come, are princi_pally these:

Ubi. 1. The Place where this Registry shall be kept, if in London; all Men must come up thi_ther to Inroll their Deeds, which will be in_tollerable: If in the Countries where the Lands lye, then London being the Great Cen_ter of Buying and Selling, a Man that deals here at London, must be forced to send into Cornwall or Northumberland, to search the Re_gistry there. Several Counties. Again, What shall be done, where one Convey_ance comprizeth Lands in several Counties? or where a Man, having Lands in several Countries, Acknowledgeth a Judgment or Statute, shall this be Registred in every County? And if it shall, how shall the Com_missioners know all the Counties where his Land lieth? and how shall the Deed in one County be transmitted to another, or must it be acknowledged in every several County, and by the Party there Inrolled? Judgments. &c. 2. Again, How shall Judgments that Charge Lands or Statutes, Merchant, or the Staple, be authentickly Registred in every County? and what Warrant shall be sufficient for it, especially since there be so many Courts of Record in England, wherein Judgments giv_en, will charge Lands in other Counties, as in the Courts at Westminster, the Courts of Grand-Sessions, &c.

So that as to Estates and Incumbrances already before this time created, the propounded Register seems utterly impossible and unpractical: Compul_sion. As to E_states and Incumbrances for the time to come, tho' more practical, yet very difficult, cumbersome and chargeable, and scarce applicable to the End design_ed, if it be compulsary upon all to do it.

3. As to the Inconveniencies, I shall mention some, and of those, some applicable to both Proposals, both of Registring things past, and to come, tho' far greater in relation to the time past.

1. Whereas many Men perchance, for many years have quietly enjoyed their Estates, although per_chance some little Defects there might be in their E_vidences, as for want of some Ceremonies, Circum_stances or Words: Now by Inrolling of these Deeds, these Defects will be exposed to the View, Obser_vation and Search, and Discovery of others; where_by busie Projectors will be picking holes in the Titles and Estates of many Men, which are now quiet and at rest. Suites mul_tiplied. This will discover the Flaws and Defects of all Mens Assurances, and multiply Suits and Questions. 2. Whereas it many times moves great Distem_pers in Families, when Children shall see and know how their Parents dispose of their Estates among them in their Life-time. This Course will force the Fa_ther to Enroll all his Settlements, whereby all his Intentions will be discovered in his Life-time, which may breed great Unquietness and Animosity; or o_therwise, it will put it in the Power of the Heir if the Deed be not Inrolled, to sell the Land, and so defeat all his younger Brothers and Sisters. 3. Whereas some are desirous that the Greatness of their Estates may not be known, to expose them to Envy and Detraction; Others are desirous that the Weakness of their Estates may not be known, to expose them to Contempt or Question. This Registring of Men's Estates and Interests, disap_points both, even where there is not occasion for a Purchasor to be concerned, nor any Design of Fraud in either. Charges and Mis_chiefs. 4. It is worth Enquiry, whether the Prospect of this Business is not so much to remedy old In_conveniencies, as to introduce new, by Erection of new Offices and new Officers, Salaries, Fees, which will bring in an excessive Charge upon the Peo_ple, and is always accompanied with further Ex_actions; sometimes for Expedition, sometimes for preference of one Man's Inrollment before ano_ther, which will certainly be found together with great Delays, especially where the Business of the Office is like to be very great.

Against Compul_sion. Upon the whole matter, I think that the Compul_sion of every Man to Inroll or Register his Wri_tings and Evidences of his Land, whether past, or future, under any Penalty, is unpractical, and utter_ly inconvenient and dangerous to Men's Estates.

And now if it be Objected, That these Difficul_ties and Inconveniencies be but imaginable, or ea_sily superable by prudent Provisions, and all the Incon_veniencies objected, may be in like manner remedied, since we daily see in Copyhold Mannors, and in some great Precincts, as for Instance, in Taun_ton Mannor, all Men's Estates are Inrolled, or so Registred, that it prevents all possible Fraud by Pre_conveyances, and hath brought great Quiet and Se_curity to Men's Estates, without the least Sence of any of the objected Difficulties or Inconveni_encies.

I Answer.

1. That the Cases are not alike Inrollments of Co_pies of Court-Roll, or within a private Mannor serves but a small Precinct, but the thing in proposal inten_ded for a great Kingdom. 2. There it hath been long since begun, and so hath been carryed down in Succession of Time, and rendered Familiar, and Custom and Usage hath ac_comodated the Practice: But if it were now to be begun, and take in, especially all former Estates, it would be very difficult to be put in ure, even in a considerable Mannor or Burrough; much more in a great Kingdom.

It is true, That if all Conveyances of Lands were for the time to come Registred, it would in process of time do much good, and prevent many Suits and Frauds, tho' perchance the present Age may not find the Advantage of it. 27. H. 8. And certainly, it was the great Design of the Statute of the 27. H. 8. of Inrollments to have brought up that Method of Assurances, and had it been pursued, it had before this time been brought to great Perfection, and done much of that Good which is now intended by it.

But to make the Design at this day Practical and Useful, these things must be observed.

1. In reference to Deeds of all sorts. 2. In reference to Wills. 3. In reference to Judgments, Statutes and Re_cognizances.

1. Therefore in relation to Deeds, these things are necessary to make the Design Practical and Useful.

Act of Frauds. 1. That it be Enacted that no Estate pass from Man to Man (by Act executed in Life_time, other than by last Will) for above &horfill; Years, without Deed 2. That no Use or Trust of any Estate be rai_sed, but by Deed expressing the same. Words to mean more. 3. That to prevent the extream length of Co_venants in Deeds, there be thought of cer_tain Words that may carry in them the Strength of Covenants or Warranty's; As for Instance, [Dedi, or Give,] to include a Warranty and Covenant against all Men, and also for further Assurance, [Grant] to include a Warranty and Covenant against the Party, and all Claiming under him, and for further Assurance within Seven Years, [Deliver] to include a Warranty and Co_venant against the Party and his Ancestors, and all Claiming under that, and for fur_ther Assurance, within seven Years; and di_vers Instances of this kind might be contri_ved by short Words to include Large Sen_tences: Thus it was done by the Statute of Bigamis, and this would shorten Deeds, and abridge their Charge of Enrolling. Stat. of Bi_gamis. Feme Co_verts. 4. That all Deeds to be Inrolled be Ac_knowledged before a Judge of Westminster_Hall, Master of the Chancery, as now; or before two Justices of the Peace in the Coun_ty, and they to have Power to examine Feme Coverts to prevent the Charge of Travel, and of Commissions to take Acknowledg_ments. 5. That all such Deeds as are to be Inrolled, be Inrolled either in the Courts at Westmin_ster, or in the Counties, before the Clerk of the Peace of that County where the Land lies, or in Cities, according to the Stat. of 27. H. 8. Offices. This will prevent the needless multiplying of new Offices, and the gaping of People after them, and perform the Business according to the known and settled Usage already Established by Law, without introducing Novelties more than need. Inrollment at Westmin_ster. 6. That if the Land lye in several Counties, the Inrollment at the Courts at Westminster to suffice: If Inrolled in one County, it may be sufficient for the rest, only a short Ab_stract or Certificate thereof to be sent at the desire of the Party to the Clerk of the Peace, of the other Counties, subscribed by him, to be Entred with the Clerk of the Peace of the other Counties where the Lands lie. Time when. 7. That no Deed be Inrolled after &horfill; Months, from the time of the Caption. Relations. 8. That the Relation of the Inrollment of Deeds to bind or prevent mean Incumbran_ces, relate only to the time of the Cap_tion at farthest. 9. That twice in every Year at least, there be transmitted from the Office of Inrollments in Chancery, Abstracts or Certificates of In_rollments to the several Clerks of the Peace of those respective Counties where the Lands lie, under Seal, and so from the Clerks of the Peace of the several Counties, to the Clerk of the Inrollments in Chancery, that they may be reciprocally Entred: Pecuniary Penalty. This to be done under a pecuniary Penalty, but not to invalid the Inrollments. Fees. 10. That some settled easie Fees may be Esta_blished by Act of Parliament, for the Cap_tion, Inrollment, and Certificates. 11. That no Penalty lye upon any Party for not Inrolling his Deeds, farther than by Law is Established already, but only by Act of Par_liament, a considerable Advantage to him that Inrolls. This will invite Men to do it volun_tarily, and in a little time will carry the greatest Course of Assurance in this Method, without any Grievance or Inconvenience.

12. That the Advantages propounded be such as these:

Common Recoveries, and Fines. 1. That whatsoever Estate, Reversion, Re_mainder, or Contingent Remainder, or Uses, a Man may barr, by Fine or Common Recovery, with single or double Voucher, he may barr by a Deed enrolled; except as to the Point of Nonclaimes, Provision for Infants and Ideots. 2.That a Deed Inrolled may supply the defect of Livery and Seisin, and Attournment: But not as to forfeiture of the Estate of him that makes it. This is partly done already by Law. Uses on Deed en_roll'd. 3. That Uses may be as well created and executed upon a Deed Inrolled, as upon a Fine or Feoffment, or Release.

It is True, That by those Advantages, and some others that may be added, most of the Assurances in England will run this way; and thereby,

1. The Offices of Clerks of the Peace, and In_rollments in Chancery will grow to be great and beneficial Offices. 2. The Offices relating to Fines and Recoveries, will sink very Low, as the Prothonotaries, the Chyrographers, Custos brevium, Clerk of the King's Silver, Clerk of the Inrollments, and the Practice of many Clerks that usually deal in Fines and Recoveries. 3. The King's Fines upon Originals, and the Commissioners for the Composition of Post_Fines, will decay in time; which will be a Loss to the King; The Keeper of the Great Seal, the Master of the Rolls, and Cursitors, and Lords of Liberties.

But to this I say,

1. The swelling of these Offices may be corre_cted to the publick Benefit, by making the Rates of their Fees lower. 2. The Offices, that will by this means be im_paired, may be considered, if it be thought fit, by some Allowances out of the Offices of Inrolments, though the Officers of the Court of Wards found no such Provision for them: Common_Pleas. And if some Counties were alloted to the Common-Pleas for Inrollments, that might easily be applied, and distributed so as to countervail the Loss. 3. The Loss of Fines, and Post-Fines, may be a_bundantly recompenced by a very small Allowance upon every Deed inrolled; and yet the Subject be a Gainer by it.

And as these small Difficulties may be easily recovered, so these great Conveniencies would ensue.

1. No Man would be compelled to Inroll his Deeds, and yet every Man might take the Ad_vantage of it that pleased. 2. The old Course of Fines and Recoveries, not taken away, but left for every Man to use that would, though a cheaper and readier Course of Assurances be substituted. Vacation time. 3. Whereas now no Fine, or Recovery can be had in Vacation time, whereby many Men, before they can settle their Lands by this means, Entailes and Feme Coverts may be barred, and settle their Estates as they have occasion. 4. It would take away the Charges of Travel to London, by Persons living remote; the Charges of Commissions, Dedimus potesta_tem, Warrants of Attorney, and all those in_cident Charges of Fines and Recoveries: Cheapness. So that a Man that is necessitated to sell his Land, though it be but an Acre, cannot do it, by Fine or Recovery, under Fifty Shil_lings, may be able, by this means, to per_fect his Assurance for Ten Shillings. 5. It will, in few Years, carry the whole Track and Current of Assurances in a way that may be open to all Men, and yet without Com_pulsion to any. 6. It will prevent those many Defects in Assu_rances by Fines and Recovery; which con_sisting of so many Parts, and passing through so many Hands, are subject oftentimes to be Reversed: It may be, for the Loss or Mistake of an Original Writ, or some Defect. And thus far for Inrolling of Deeds.

2. Touching Judgments and Statutes. 27. Eliz. The Sta_tute of 27. Eliz. hath provided in a good Measure for the Inrolling of Statutes: But as for Judgments it is a Business of great difficulty how to Inroll them especially because it cannot.

1. Be readily known where the Party lives, or where his Land lies by the Ministers of that Court where the Judgment is given, and so it will be difficult to transmit the same into the Countries where the Land lies. 2. If that were all known, yet it might be hard that a Copy of a Judgment, in Paper, should be a sufficient Warrant to enter it with the Clerk of the Peace in the County.

But all the way that seems to be practical in this kind, were for the Clerks of the several great Courts, to extract out of the Rolls, the Abstracts of the Re_cognizances and Judgments, for four or five Years past, or more; and also for the time to come, as they are entred, and to digest them in Alphabet, accor_ding to the Surname of him that acknowledgeth them, &c. and so to preserve them for publick Inspection, this might be easily done, and a Sal_ary or Fee setled by Act of Parliament for the respective Offices employed therein. Only there are these Inconveniences which must be remedi_ed.

1. The Retrospect of a Judgment to the begin_ning of a Term, though acknowledged, it may be, long after. 2. The late Inrollment of Judgments confes_sed, so that there is little appears of Record, but only in private Remembrancers. 3. The keeping of Paper Recognizances ac_knowledged in Courts for many Days and some Months, without Inrolling them as they ought, and yet by relation to the time of the Caption, many times over-reach Men's Pur_chases and Securities: These might be reme_died by the Orders of several Courts with_out an Act of Parliament, if strictly enjoyn_ed and observed, though a short Act would easily make the Remedy universal.

3. And lastly, Touching Wills, the Difficulty will be very great to put them into better Or_der, than they are at present, abating some few things.

For the Devisor himself must not Inroll his Will, for the Reasons before given, and especially for that it is alterable every Hour, and many times made in Extremity, when there can be no authentick Officer to Re_ceive or Attest it.

And when he is Dead, the Will comes to the Hands of the Executors, and it may be controvertible, and if the Entry then of it by an Executor, or one that pretends to it, should render it Authentick, it may prejudice the Just Right of others.

And on the other side, oftentimes the De_visee of Lands hath not the Custody of the Will, and it would be unreasonable that the Executor's Neglect should prejudice the Devisee's Interest.

I know not how the Case of Wills can be made much safer or better than it is, at least unless the Insinuation thereof were un_der the Examination of Temporal Courts; but that perchance would be thought too great a Charge.

Stat. Fraud. Only it were well, if some greater Solem_nity were required by Law in Wills, where_by Lands are devised; for ever since the Stat. of 34. H. 8. more Questions, not on_ly of Law, touching the Construction of Wills, but also of Fact, arise, than in any five General Titles or Concerns of Lands besides. As, Whether a Will were made or not? Whether revoked or not? Whether the Party that made it were of a dispo_sing Memory, or not? which multiplies Suits, and makes great Uncertainties.

London Burnt. But an Act may be necessary to prefix a Time and Order for Claims to burned Houses in London, and a Judicatory settled for the de_termining thereof summarily; because other_wise, possibly Latent Incumbrances may a_rise upon those that have been at great Charges in Building.

But it were far better, that there might be an Act to quiet the Enjoyment of those that have built according to the Degrees, and under the Rules already decreed, be_cause their Charge hath made the Improve_ment, and saved it from the Forfeiture which would otherwise have happened; therefore no Reason their Possession should be disturb_ed. And besides, all Persons that had any pretence of Claim, either have made it, and their Claims examined by a publick Judica_tory, or might have done in so long a space, which they have neglected, and it hath been their own faults.

Therefore this Case touching the burned Houses being particular, in a particular Precinct, and thus circumstantiated, will not make any Parallel Case to Universal Registers.

&horbar |CLA |Y1703 A True and Exact ACCOUNT OF MANY Great Abuses Committed in the VICTUALLING Her Majesties Navy, From February 3, 1702/3. to July 1703. As appears by the Informations and Depositions of several Wit_nesses, with the Proceedings thereupon, both at the Admiralty Office, Hicks's-Hall, and Elsewhere. &horbar For the Information of the Parliament and Publick. &horbar LONDON, Printed in the Year, MDCCIII.

&horbar &horbar The INTRODUCTION.

CHarles Hore, the Complainer in the following Case, did in the Year 1701 make Complaint to the House of Commons, of a great Abuse Com_mitted in Her Majesty's Brew-house at St. Katharines; which Complaint was Referr'd to the Consideration of a Committee, who consider'd the matter of Fact, and Reported in special to the House, as follows;

Mercurij 18. Die Martij, 1701.

Mr. Edward Harley, according to Order, Reported, from the Committee ap_pointed to Examine into the Matter of the Complaint of a great Abuse Committed in Her Majesty's Brew-house at St. Katharines, the matter of Fact as it appeared to them; which they had directed him to Report to the House, which he Read in his place, and afterwards Delivered it in at the Table, where the same was Read.

Resolved,

That it appears to this House, That there hath been a great Abuse Committed in Her Majesty's Brew-house at St. Katharines, by Drawing off the first Worts, to the Defrauding of Her Majesty, and Prejudice of the Seamen.

Resolved,

That the pretence of taking Perquisites in Her Majesty's Office of Victu_alling, tends much to the Prejudice of Her Majesty's Service.

Ordered,

That the said Resolution be laid before Her Majesty (by way of Ad_dress) by such Members of this House, as are of Her Majesty's most Honourable Privy Council.

The Nature of this Complaint was, That the Officers and others belong_ing to the Brew-house, did take from the several Guiles of Sea Beer, Brewed for the Service of the Navy, large Quantities of the strongest and best Worts, for their own Use, and by the Addition of Water, made up the number of Barrels in each Guile; so that the Sailors had their full proportion of Drink, but the Strength and Heart of the Beer was left behind in the Officers Cellars.

Hore made this Complaint in the first place to the Commissioners of Excise, who laid the same before the Commissioners of Victualling, as also sent their Officers to Enquire into the Fraud, who found it matter of Fact: And Mr. Denniston, a General Surveyor of the Excise, and several of his Officers, plainly proved the Fraud before the Committee of Parliament from their own Books; and gave the Committee a particular Account of the Strong Beer thus Embezell'd from the Sailors; which they found Con_ceal'd in the Officers Cellars, and in private Ware-Houses, in the Brew_House.

Note, That notwithstanding this Complaint was laid before the Com_missioners of Excise and Victualling, as also before the Admiralty, no Justice was done the Nation in this particular, till such time as the Complaint had pass'd the Examination of Parliament; but on the Contrary, the Persons Complained against, were continued in their several Employments in the Brew-House.

Note also, That by this Complaint, Hore saved the Nation at least Ten Thousand Pounds per Ann. by the Redress of the Complaint in the Brew_House, and by taking away the illegal Perquisites of the Officers by Vote of Parliament; for which Service he had only the Sum of One Hundred Pounds given him by the Lord High Treasurer; which Sum he had Ex_pended in the Prosecution of the Complaint in the several Offices, and at Parliament, besides his Loss of Time; all which did not Discourage him from making the following Complaint for the good of his Country.

&horbar &horbar To His ROYAL HIGHNESS, &c. The Humble Petition of Charles Hore.

Sheweth,

THAT there coming to Your Petitioners Knowledge, considerable Frauds, and Mis_managements in the Victualling of Her Majesty's Navy, by which the Health and Lives of the Seamen are in Danger, and any Expedition of the greatest Consequence, may thereby miscarry.

That without a speedy and direct Inspection into the Matter of Fact it will be im_possible to detect all the Abuses complain'd of; Or prevent the dangerous Effects of passing over a Matter of this Importance to Her Majesty's Service; Your Petitioner being ready and able by sufficient Evidence to prove his Charge.

Therefore most humbly Prays, Your Royal Highness, will please to order than an immediate Survey of the Provisions for the Fleet be made by proper and fitting Persons, who have no De_pendence on the Navy or Victualling Office, and make Re_port to Your Royal Highness of the State of the Victual_ling: And that Your Petitioner may have Your Royal Highness's Protection for his Witnesses, till heard; a List of whose Names he is ready to deliver, they being daily threatned to be Prest into the Service, in order to stifle this Complaint.

Febr. 3. 1702/3.And Your Petitioner shall, &c.

After the Delivery of the above Petition, the following Letter was sent to Hore.

Admiralty Office, Feb. 8. 1702/3. Mr. Hore,

YOU will herewith receive the Prince his Directions for the several Persons to at_tend his Councel on Wednesday Morning next, who you intend to make use of, to Prove what you have Alledged, relating to the Naval Provisions. I am

Your humble Servant, J. Burchet. Admiralty Office, the 11th of Feb. 1702/3. Sir,

SIR Cloudesly Shovel, and Sir Richard Haddock, having appointed to Morrow Morning to begin to Survey the Sea-Provisions and the Victualling Office; and desiring therefore that you may attend them with such Persons as you shall judge most proper, in regard there is a Necessity to send the Provisions down to the Fleet with all the Dispatch that may be, I give you this Notice thereof, that you may order Matters so as to be able to attend those Gentlemen to morrow morning accordingly. I am

Your humble Servant, J. Burchet.

Mr. Hore received this at 6 at Night.

The following Letter was sent in Answer to the former.

Right Honourable,

I have spoken to Mr. Cock, Mr. Gibson, and Mr. Tutchin, in Relation to the Survey of Her Majesty's Provisions, appointed by Order of His Royal Highness; and I find them all unwilling to go in that Service, unless they know their Business, and are impower'd by His Royal Highness to act in that Affair; an immediate Survey being necessary in this Affair, I beg Your Honours speedy Resolution, and Answer herein, who am,

Right Honourable, Your most Humble Servant, Charles Hore.Feb. 15 1702/3.

To this Letter Hore received the following Answer.

Admiralty Office, the 15th of Feb. 1702/3. Mr. Hore,

YOUR Letter was this Morning read to the Councel to His Royal Highness, by whose Di_rections I am to acquaint you, that Sir Cloudesly Shovel, and the rest of the Gentlemen, who are appointed to Survey the Naval-Provisions, upon the Complaint you lately made, are particularly directed to admit not only your self to the said Survey, but all such Persons as you shall judge necessary in Order to the making out your Charge. And therefore if Mr. Tutchin, Mr. Gibson, and any other will voluntarily accompany you on this Service, they will certainly meet with Assistance and Countenance: But the Coun_cel do not think themselves impowered to oblige them to do it. I am

Sir,Your Humble Servant, J. Burchet. Right Honourable,

I Received a Letter just now from Mr. Burchett, wherein he says your Honours are not Impowered to Oblige my Friends to go on the Survey; which I knew before; but my Friends are willing to go, and only want his Royal Highnesses Com_mission, which I leave to your Honours Consideration. I am,

Right Honourable, Your humble Servant, Charles Hore. February 15. 1703. Admiralty Office, the 17th of Feb. 1702/3. Mr. Hore,

HIS Royal Highness having appointed some particular Business on Wednesday Mor_ning next, I send you this Notice thereof, and am to desire that your self, and Witnesses, will attend the Prince's Council this Afternoon, about Five a Clock.

I am Your humble Servant, J. Burchet.

The 18th of February, the said Hore attended his Royal Highnesses Council, with his Witnesses, and as many of them as their Honours thought necessary, were Examin'd, but they not being Examin'd upon Oath, the said Hore desir'd that Affidavits might be taken of their several Depositions, which was Granted by the Council, and are as followeth.

Middlesex and Westminster.

The Information of Richard Parrot, of Swedeland Court, upon Tower-Hill, near the Victualling Office, Butcher, taken upon Oath before me, one of Her Majesty's Justices of the Peace for the said County and Liberty.

Sweareth,

THAT from Bartholemew Tide 1701. to January following, this Informant was Imployed by the Purveyors, Mr. Wright of Mile-End, and Mr. Nunnery, to Kill Oxen and Hogs in Her Majesty's Victualling Office upon Tower-hill, in which said time this Informant Kill'd a very great number of Measled Hogs, which he carried to the Cutting House, where he saw them Weighed for the Sea Service; and as he verily Believes, were Cut, Salted, and Pack'd up for the same Service; and this Infor_mant Deposeth, that in the same time there were several Dead Hogs brought into the aforesaid Office, which this Informant helped to Dress, and particularly one Night this Informant helped to Dress Seventeen, most part of which said Hogs Stunk so much, that this Informant was scarce able to Dress them, which he helped to carry to the Cutting House, where he saw them Weighed for the Sea-Service; and as this Informant verily believes, were cut, salted, and pack'd for the same Service; And this In_formant further deposeth, that he was imployed as a Cutter from the said Month of Jan. 1701. till the middle of Novemb. last, in which said time this Informant did cut a great Number of measled Hogs, and Hogs that were brought in dead that stunk, which he saw salted and pack'd up for the Sea-Service. And this In_formant further deposeth, that with_in the last mention'd Jan. 1701. to the middle of Novemb. following, Paul Dewy, Ran_dal Rench, Thomas Winfield, John Misson, and William Ravenscroft, Master Butchers, came in the Name of Mr. Crawley Head Clark of the Cutting-House, very frequently for the best part of the Hogs and Oxen, which they themselves cut off, and carry'd away, and at divers other times commanded this Informant and other Cutters to cut off for them, which they carry'd away; some parts whereof were put in their Aprons, and other parts in their Breeches. And this Informant further deposeth, that it was the con_stant Custom of most of the Butchers and Salters that were imploy'd in the aforesaid Offices, during the time this Informant was there, to cut several pieces of Beef and Pork, which they carry'd away, and as he verily believes for their own use. And this Infor_mant further dep_oseth, That he hath seen William Lawes, belonging to the Pickle-Yard in the aforesaid Office, several times to take and carry away several Mess-pieces of Pork, when they were packing of them up, and hath afterwards seen such like pieces Roasting in the aforesaid Lawes Kitchen, which he believes to be the same that he saw him take and carry away. And this Informant hath seen Mr. Tompian, who sells Brandy near the said Office, several times come to the said Cutting-House, and take and carry away with him several Mess-pieces of Pork. And this Deponant further deposeth, That one Thomas Lamb, Servant to William Wright Esq.; one of the present Commissio_ners for Victualling Her Majesty's Navy, came in his Masters Name, to the Cutting_House for a Mess-piece of a Rump of Beef; which he had, and carry'd away. And this Informant further deposeth, That the aforesaid Paul Dewy, for encouraging this In_formant to cut measled and stinking Hogs, that they might not be discovered, hath very often had given him (by the said Paul Dewy) Hog's-heads, Herslets and Tayls. And this Informant further saith not.

Subscribed Richard Parrot. Jurat. 11. die Febr. 1702. Coram me Rich. Rider. Vera Copia.

Middlesex and Westminster.

The Information of Thomas Mattocks at the White Lyon on Little Tower-Hill, in the Parish of Aldgate, London, ta_ken upon Oath before me Richard Rider one of Her Ma_jesty's Justices of the Peace for the said County and Liberty.

Sweareth,

THAT from about the beginning of October last, till the seventeenth Day of De_cember following, this Informant was employ'd as a Salter in the Cutting-House, in the Victualling Office upon Tower-Hill. In which time this Informant deposeth there were several measled Hogs, and stinking Hogs, cut, salted, and packt up for Her Ma_jesty's Service at Sea; which said Hogs were cut up by Thomas Dadly, and John Footing: Salted and packt up by several others. And that the best parts of several wholesome Hogs, and Oxen were taken away, and the Remaining part was cut and packt up for the Sea-Service, which said best parts at several times were carry'd away by John Bull, and John Hoskins, Salters, and George Price an Helper to the said Salters, Thomas Win_field, William Ravenscroft, and Paul Dewy, Butchers, and Randal Rench another Salter.

And this Informant further deposeth, That betwixt the Sixteenth of July last, and the beginning of October following, one Jeremiah Eaton came in the Name of William Wright, Esq; one of the present Commissioners for Victualling Her Majesty's Navy, for four Mess-pieces of Beef, and four Mess-pieces of Pork, which were delivered to him, and he carry'd them away; all which Pieces aforesaid, were taken away after they were weighed to the Queen.

Subscribed, Tho. Mattocks. Jurat. 10. die Febr. 1702. Coram me Rich. Rider. Vera Copia

Middlesex and Westminster.

The Information of John Weaver of St. Johns-street, in the Parish of St. Sepulchers in the said County, Butcher. Taken upon Oath before me one of Her Majesty's Justices for the said County and Liberty.

Sweareth,

THAT from Aug. 1701, to about Easter following, this Informant was imploy'd as a Butcher, both in the Slaughter-House and in the Scalding-House, in Her Majesty's Victualling Office upon Tower-Hill, between which said times, there were a considerable Number of measled Hogs kill'd, and as he verily believes were cut, salted, and pack'd up for Her Majesty's Service at Sea, because he saw them weighed to the King. And this Informant further deposeth that during the said time, several Hogs were brought in Dead, and several others alive, and died there, which were drest by this Informant, by Order, they not being sweet. And further deposeth, That he hath seen several Hams of Pork cut out and carry'd away: But by whose Order this Informant knows not. And that from the latter end of August last past, to the latter end of October following, This Informant was imploy'd as aforesaid, in which time there were a considerable Number of Hogs kill'd that were measled, which said Hogs were weighed to the Queen; and as this Informant verily believes, were cut, salted, and pak'd up for Her Majesty's Service at Sea.

And this Informant further deposeth, That Paul Dewy, one of the Master Butchers under the Purveyor, gave this Informant Directions, that when he carry'd a Measled Hog to be weighed at the Cutting-House, he should not carry it to the Lower Cutting-House, but to the Upper, because as this Informant verily believes, if it had been carry'd to the Lower Cutting-House, it had been returned.

Subscribed, John Weaver. Jurat. 10. die Febr. 1702. Coram me Rich. Rider. Vera Copia.

Middlesex and Westminster.

The Information of John Baldwin, of Spittle-Fields, in the Parish of Stepny, Labourer, taken upon Oath before me, one of Her Majesty's Justices of the Peace, for the said County and Liberty.

Sweareth,

THAT the Months of October, and November, last past, this Informant was imploy_ed as a Servant to several of the Salters, in Her Majesty's Victualling Office on Tower-Hill; in which said time, this Informant helped to Salt and Pack up several Meazled Hogs, and one very Stinking Hog, which did Stink to that Degree, that this Informant was not able to hold his Head over it, while he was Salting and Packing it up: And further Deposeth, that in October aforesaid, one Jeremiah Eaton, came to the Cutting House, and ordered Richard Cook, to Cut a Surloyn of Beef out of a Quarter which he himself Pitched upon, and it was accordingly Cut, and Carried away by the said Eaton, as this Informant verily believes.

Subscrib'd, John Baldwin. Jurat 10. die Feb. 1702. Coram me Richard Rider. Vera Copia.

Middlesex and Westminster.

The Information of Mary Merryman, Wife of Henry Merryman of St. Katharines-street, in the Parish of St. Katharine's Shoe_maker. Taken upon Oath before me, one of Her Majesty's Justices of the Peace for the said County and Liberty.

Sweareth,

THAT about Christmas last past this Informant was told by one Ann Wakefield, a Ser_vant to Mr. Randoff, belonging to the Queen's Victualling Office, that her Master had an Hogshead of Pork brought home by two Labourers to his House, between twelve and one a Clock in the Day time, from the Yard to which her said Master belonged, and after they had boyl'd two or three pieces of the Pork, found it not good, therefore her said Master ordered it back again to the said Yard.

Subscribed Mary Merryman. Jurat 10. die Feb. 1702. Coram me Rich. Rider Vera Copia.

Middlesex and Westminster.

The Information of Thomas Pinfold, of Grayhound-Court in the Precincts of St. Katharines near the Tower, Labourer. Taken upon Oath before me, one of Her Majesty's Justices of the Peace for the said County and Liberty.

Sweareth,

THAT in the Month of Octob. last past, this Informant was standing by the Block in the Upper Cutting-House in Her Majesty's Victualling Office upon Tower-hill, one Henry Lowe desired this Informant to hold an Hog whilst he cut him up; And when the said Hog was cutting, this Informant told the said Lowe, that the said Hog was measled, whereat he shaked his Head; but yet cut it up. And the said Hog was cut into Mess_pieces, salted and pack'd in the Presence of this Informer. And this Informer further deposeth, that he saw several Mess-pieces of Pork drawn out of the Brine, which stunk and were pack'd up in the Cask. And this Informant further deposeth, That he hath se_veral times seen Thomas Winfield a Master Butcher, cut several of the best pieces of Pork, and carry'd them away with him. And this Informant further deposeth, That about the Month of May or June last Ann, Wakefield, Servant to Mr. Randoff, belonging to the Queen's Victualling Office, came into the Coopers Yard in the said Office, to this Informant and his Brother, and desired them in her Master's Name to come to her said Master's House, and help carry down two Cask of Beer into his Cellar, which having done, Mr. Randoffs Sister and his said Servant desired them to help down with a Hogshead of Pork, which then lay in Mr. Randoffs-Yard, which they accordingly did; which at first they refus'd to do, thinking the same too heavy for them; whereupon Mrs. Randoff and the said Servant told this Informant and his Brother, they might well do it, for two Men brought it from the Office. And this Informant adds, that after they had got it into the Cellar, Mrs. Randoff desired to open the Head of the said Hogshead to see if the Pickle was not run out of it, which when open'd, they found the same to be full of Mess-pieces of Pork, and further saith not.

Sic Subscribed Thomas Pinfold. Jurat 11. die Feb. 1702. Coram me Rich. Rider Vera Copia.

Middlesex and Westminster.

The Information of John Watts of Long-lane in the Parish of St. Mary Magdalen, Southwark, Gardiner. Taken upon Oath before me one of Her Majesty's Justices of the Peace for the said County and Liberty.

Sweareth,

THAT in the Month of May last, past this Informant was a Tun-Man in Her Maje_sty's Brewhouse, called the Hartshorn Brew-house in St. Katherine's, that Richard Warren Miller to the said Brew house, by Order of Mr. Croker Workman Brewer, did at each Brewing, after the second Running, take out of the Mash-Tun, two Bushels at least of Goods, and carry'd them away. And this Informant further saith, that during the time he work'd in the said Brewhouse, which was about six Weeks, there was at least twelve Tun of Beer, Drank, Spilt, and Imbezel'd. And further saith not.

Subscribed John Watts. Jurat 11. die Feb. 1702. Coram me Rich. Rider Vera Copia.

These Affidavits being taken were delivered to the Princes Council, in whose Office they now are: The Parties accused, by Collusion with some others, procur'd one Jery Jones, an ignorant Fellow, that keeps a publick House near the Victualling Office, to appre_hend Richard Parrat (one of the Evidences on Oath for the Queen) upon the Affidavit of Thomas Wingfield, and Paul Dewey, and others against whom the said Parrat had given Information upon Oath, and Evidence before the Prince's Council, upon which the said Parrat was committed to Prison, and Bailed out by Hore, and afterwards a Bill was found against him for Fellony at Hickes's-Hall, only upon the foresaid Evidence, who were accused as Criminals by the said Parrat: It is here to be noted the Management of those who would ruin England by the Destruction of the Navy, by letting the Criminals pass with Impunity, and be at Liberty to Swear against such as had made Affidavit against them.

Hore finding that the Criminals were countenanced, he was resolved to prosecute them, and in order thereunto, took up by Warrant Thomas Wingfield, and Paul Dewey, and they were bound over to the next Sessions at Hicke's-Hall, where they were found guilty of a Misdemeanour only: It is here to be noted, that Jery Jones publickly said, that he prosecuted Parrat by Order of the Princes Council, and that he would if he pleas'd, prosecute all the Queen's Evidence, of which Mr. Tutchin acquainted the Prin_ce's Council, who never made any publick Vindication of their Honour in that respect.

After this the said Hore took up by Warrant William Ravenscroft, and Randolph Rench, who were bound over as follows.

Middlesex et Westm. ff. To all Constables, Headboroughs, and others, Her Maje_sties Officers, whom these may Concern.

WHereas Information hath been given upon Oath unto me, one of Her Majesties Justices of the Peace for the said County and Liberty, by Tho. Mattocks, and Richard Parrot, that William Ravenscroft and Randal Rench, Persons belonging to Her Majesties Victualling, hath of late Defrauded and Cheated Her said Majesty, by taking and bearing away several pieces of Beef and Pork out of Her Majesties Cutting-House, in manifest breach of their good Behaviour:

These are therefore in Her Majesties Name, to Will and Require you, upon sight hereof, to take and bring before me, or some other of Her Majesties Justices of the Peace for the said County and Liberty, the Bodies of the said William Ravenscroft and Randal Rench, of whom you shall have Notice to Answer to the Premises: Thereof fail not. Given un_der my Hand and Seal, this 25th Day of March 1703.

Richard Rider. March 26. Balr. Cod. Robert Bateman. April 3. 1703. Right Honourable,

MY Humble Request to Your Honours, for the Queens Interest is, That you will be pleased to Order Your Sollicitor to attend at Hicks's-Hall with the Original Affi_davits; and that Your Secretary, or other Person, as Your Honours shall think fit, do attend at the Sessions-House in the Old-Bayly, with the Minutes and Proceedings of Your Board, in relation to the Victuallers. I am forced to be at the Charge of Prosecution, finding the Commissioners of the Victualling encourage the Poysoners of our Seamen, by continuing them in their Employments. I shall Prosecute all the rest in due time; and had Prosecuted Commissioner Wright this Sessions; but my Counsel tells me, that is to be done, only by Your Honours, he being the Queens Officer under you. I am

Right Honourable, Your Honours most Humble Servant, Charles Hore. April 13. 1703. Right Honourable,

I Thought it adviseable to Acquaint Your Honours of my Proceedings in the Prosecu_tion of the Criminals in the Victualling Office. I got Bills found against eight of them for a high Misdemeanor this Sessions; and I intend to Try them the next; and am now Prosecuting the rest of the Criminals. Your Honours are sensible of the great Charge I have already been at in this Affair, in which I have spent my own Money, and have been forced to Borrow of Friends. I therefore humbly Beg Your Honours to take my Case into Consideration, and to Order me a supply for further Prosecution, that Her Majesties and the Nations Cause may not be starv'd for want of Money: In which Your Honours will do a singular Service to Her Majesty, to Your Country, and will highly Oblige,

Right Honourable, Your Honours most humble Servant, Charles Hore. April 17. 1703. Honoured Sir,

I Was Yesterday to wait on the Attorney General, in Order to the Clearing of Richard Parrat. The Attorney General said it was a very ill thing the Queens Evidence should be used at that rate, and said if the Prince's Council would signifie to him, That the said Parrat was the Queens Witness, and that his Discharge was necessary for the Service, he would immediately clear him, notwithstanding the Indictment against him. I would therefore beg You to move the Council in this Affair. I having great Occasion for his Evidence in that Service. I am

Your most humble Servant, Charles Hore. April 17. 1703. Honoured Sir,

I Sent a Letter to the Board this Day, relating to the Discharge of Richard Parrat; but having no Answer, and Mr. Baker telling me I cannot speak with the Board. I beg the Favour of you to move the Council for an Answer; the Affair requiring Expedition. I am

Sir, Your most humble Servant, Charles Hore.

The Answer given to Hore by Mr. Clark, was, That their Honours could do nothing in the matter, and the Law must have its course.

April 19. 1703. Right Honourable,

I Received Your Honours Answer to my Request for the Discharge of Richard Parrat, whom Your Honours were pleased not to Discharge, tho' he is the Queens Evidence, and is Malitiously Prosecuted for being so. It seemed very odd to some true English Gentlemen, that the Criminals in the Victualling, and such as have Endeavoured to poy_son the Sailors of England, with Meazly and Stinking Hogs, should be continued in their mischievous Employment, after Affidavit was made against them by Your Honours Or_der. I now acquaint Your Honours that some, if not all of the Persons, against whom Bills were found the last Sessions, are still Employ'd in the Victualling. I leave it to Your Honours Consideration whether This be a Practice suitable to the true Service of our Country, and whether it be not a great Encouragment to Criminals. I am,

Right Honourable, Your Honours most humble Servant, Charles Hore. Admiralty Office 26 Feb. 1703. Mr. Hore,

I Send this to acquaint you, that His Royal Highness has given Orders to Sir Cloudsley Shovel, and Sir Richard Haddock, to go on with the Survey of the Sea Provisions at the Victualling Office; in case you do not, with such Persons as you think proper to attend them in Four Days. I am

Sir, Your humble Servant, J. Burchet.

For the Reason before mentioned in Hores Letter he could not go on this Survey.

Navy Office 28. April. 1703. at Two in the Afternoon. Mr. Hore,

HIS Royal Highness, upon a Petition of yours setting forth several Frauds and Abuses in the Victualling-Office, with Respect to the Badness of Provisions Killed for the Seamen of the Fleet, and other particulars; having Commanded us, whose Names are here under Subscrib'd, strictly to Examine into the same, and with all Expedition return to His Highness a true and perfect Account what we find relating to your said Petition: That our Report accordingly may be more satisfactory to His Highness, and in Justice to your self: We do therefore hereby Advertise and Desire you, pursuant to His High_nesses Order, to meet us at the Victualling-Office on Tower-Hill to Morrow Morning, being the 29th Instant; precisely at Nine of the Clock, with all such Persons you shall think proper or necessary to be with you at the same time on this occasion.

Your Friends Carmarthen, Henry Greenhill. April 29. 1703. My Lord,

I Receiv'd a Letter from Your Lordship, Intimating Your Lordship, and Others, were going to a Survey of the Provisions at Tower-Hill, according to the Prayer of my Pe_tition. I humbly Conceive my self not concerned in the Survey; my Petition, praying for a Survey of three Months ago; and I know not upon what Reasons it has been so long Neglected. Mr. Tutchin Survey'd the Pickle near that time, and Engages to prove from the Quantity of the Pickle, that the Meat is not fit for the Service. I would not have Your Lordship imagine I do not attend Your Lordship on this Occasion out of any Dis_respect. Your Lordship may at any time, for the Service of our Country, Command the Person of

My Lord, Your Lordships Most Humble Servant Charles Hore. April 29. 1703. Right Honourable,

I Receiving a Letter from my Lord Marquess of Carmarthen, importing that Himself and several others were, by Order of the Prince's Councel, to Survey the Provisions of the Fleet, on the 29th of April; I went that Day to the Red-House at Deptford, where most of the Bad Provisions has been Laid, but found none of the said Survey_ors there, but I found there Jeremy Eaton, (One of the Persons against whom the Bill was found last Sessions) Employed; I don't say in Poisoning the Provisions for the Fleet. I have further to Signify to Your Honours, that I have Information of two Galleons Laden with Flesh for the Fleet, which are now in long Reach, which Provisi_ons are said to be Bad. This is all from,

Right Honourable, Your most humble Servant Charles Hore. The Report of the Surveyors. Sir,

IN Obedience to the Command of His Royal Highness, Dated the 23d of April past, and of the Order of His Highnesses Council, of the 30th of Decem. sent us with Your Letter of the said Date.

We, whose Names are hereunto Subscribed, have this Day carefully Inspected into Her Majesties Provisions, both at the Victualling-Office at Tower-Hill, and at the several Store-Houses by the Brew-house; as also at the Victualling-Office at Deptford; in all which Offices and Store-Houses we Promiscuously Examin'd into a great Number of Casks both of Beef and Pork, as the Inclosed will particularly inform you, and finding it ex_traordinary good, and a great Stock of it, therefore 'tis our Opinion, having made the strictest Enquiry we could into the Particulars of the Frauds and Abuses in the Victu_alling-Office, mentioned in Mr. Hore's Petition, that there is no Ground for the Com_plaint made by him: But on the contrary, we found the Provisions in each Spiece we Survey'd, not only extreamly good, but all things relating to the said Office in the greatest Order imaginable; which, with all Duty and Respect, we Pray may be hum_bly Represented to His Royal Highness. We are

Sir, Your very Humble Servants Carmarthen, R. Haddock, Tho. Hobson, Henry Greenhill, Henry Risbe, Samuel Atkinson, John Hazlewood, B. Allen, Lewis Hughes, William Beanes.

Hore having a Copy of this Survey, drew up the following Protest, and Delivered it to the Princes Council.

Gentlemen,

HAving Read a Copy of the Survey, made by the Marquess of Carmarthen, and Others at Her Majesties Victualling-Office; and finding the same highly Prejudi_cial to Her Majesties Service, the Welfare of the Navy, and the Interest of the Realm. I do hereby Protest against the said Survey for the Reasons Following.

1. Because the Prayer of my Petition, desired a Survey of the said Provisions about Three Months ago, during which time the Defective Provisions were issued; and the Survey not made till the beginning of May; so that the Victuallers had time to New Pickle and put the Stores in Order for a Survey.

2. Because the Survey was made by Persons not Skilled in the Pickling, and Curing of Provisions; as having been never Exercised in that Service.

3. Because in their Report, they only give their Peremptory Opinion, without any Reason thereof drawn from the Nature of the Pickle and Packing the Meat: Whereas I can prove that the Pickle used in the Service this Season, hath sometimes been two Degrees and an half too Strong, and at other times three or four Degrees too Weak.

4. Because they did not Survey the Provisions in all the Store-Houses.

5. Because they Report, that they have made the Strictest Enquiry into the Frauds and Abuses in the Victualling-Office, mentioned in my Petition; that it is their Opi_nion, that there is no Ground for the Complaint made by me: When as I never knew the merit of my Complaint was Refer'd to their Consideration; And if so, they heard the Cause Ex Porte, against the Queen, as having not Examined my Evidence, as to the Embezelments of the Stores. All which I Humbly Conceiving does tend to the Prejudice of Her Majesties Service, and the Stifling of the Complaint made by me: I do therefore Protest against the said Survey for the Reasons above, and desire that the said Protest may be delivered to His Royal Highness, and Entred in the Books of the Admiralty,

Charles Hore.

The said Hore being resolv'd to Prosecute the aforesaid Criminals, they made Interest to the Attorney General, to procure a Noli Prosequi for themselves, as appears by the following Summons.

LET Mr. Charles Hore, the Prosecutor, on three several Indictments, Prefer'd at the Sessions in Hick's-hall, in April last, viz. One against Paul Dewey and others; Ano_ther against Randolph Rench, and a Third against John Bull and others, for Imbezel_ling Her Majesties Stores and Victualls. Attend me at my Chambers in the Temple onMonday the Tenth Day of this Instant May, at Four of the Clock in the Afternoon, to shew Cause why a Noli Prosequi should not be Granted to stay all further Proceed_ings on the said Indictments. Dated this Sixth Day of May 1703.

Edward Northey. May 8. 1703. Right Honourable,

I Being Summoned to attend the Attorney General on Monday next, at Four of the Clock in the Afternoon, I desire Your Solicitor may Attend at that time with the Original Affidavits relating to my Complaint against the Victuallers; as also, That Your Honours will be Pleased to Order me a Copy of the Report of the Survey made by my Lord Carmarthern and Others.

To the Right Honourable the Council, to His Royal Highness. Right Honourable, I am Your Honours most humble Servant Charles Hore.

The said Hore percieving by these Measures that the Intent of some People was to stifle the Complaint, by clearing the Criminals without Trial, and believing that nei_ther the Queen nor His Royal Highness were throughly Inform'd of the Merits of his Cause, and the Nature of his Complaint, he Petitioned Her Majesty as follows,

To the QUEENS most Excellent Majesty in Council. The Humble Petition of Charles Hore.

Sheweth,

THAT your Petitioner some time since made a Discovery of great Frauds and Abuses in the Victualing your Majesties Navy, by Embezelling the Provisions, and Applying the best of the Meat to Private Uses: As also by Cutting and Packing up great Numbers of Meazled Hogs, and Hogs brought Dead and Stinking into the Office, contrary to the Rules of the Navy, and Laws of the Land; all which fully appeared by the Depositions of several Witnesses now remaining at the Admiralty Office.

That to prevent the Discovery and Punishments of the said Frauds, some Ill Affected Persons to Your Majesties Government caused one Richard Parrot, (who is a very Material Witness, and hath given Evidence for Your Majesty before the Prince's Council) to be taken up and Prosecuted upon pretence of Imbezelling Your Majesties Stores, upon the Information of two of the Persons, against whom the said Parrot had before given Evidence at the Admiralty Board.

That Your Petitioner hath at his own proper Charges Prosecuted several Offenders, and Indictments were found against Eight of them the last Sessions, (Two of them be_ing the same Persons on whose Information the said Parrot was taken up.)

That Your Petitioner doubts not to Convict the said Offenders, and Divers others, who he intends to Prosecute for the said Crimes, if the Evidence of the said Parrot, (whom at present is forced to Abscond, by Reason of the said Malicious Prosecution against him) be not Supprest and Stifled.

That without a speedy and Effectual Examination into, and Exemplary Punishment of the Offenders for the said Crimes (which Your Petitioner hath great Cause to believe, hath Cost the Lives of Thousands of Seamen in Your Majesties Service) it will be Im_possible to prevent the like Evil Practices for the Future; which being a Matter of great Importance to Your Majesties Service.

Your Petitioner therefore Humbly Prays that Your Majesty will be Graciously Pleased to Grant a Noli Prosequi for the said Parrot, that he may be Enabled to appear and give Evi_dence upon the said Tryal of the said Offenders, at the next Ensuing Sessions (whereby Your Petitioner will be Encourag'd to make further Discoveries of many other Frauds and Abuses in the Victualling Your Majesties Navy.) And that Your Petitioner may be heard by His Councel before this Honourable Board Touching the Premises.

And Your Petitioner, as in Duty Bound, shall ever Pray. Charles Hore.

At the Court at St. James's, the 8th of May, 1703. Present The QUEENS most Excellent Majesty in Council.

UPon Reading this Day, at the Board, the Petition of Charles Hore, relating to the Discovery of the great Frauds and Abuses in the Victualling of Her Majesties Navy; humbly Praying a Noli Prosequi, for Richard Parrot, whom the Petitioner alledges to be a very Material Witness in the Case, and is taken Up and Prosecuted for Pretence of Imbezzelling Her Majesties Stores, to the end he may appear and give Evidence upon the Tryal of the Offenders, at the next Ensuing Sessions: It is Ordered by Her Majesty in Council, that it be, as it is hereby referr'd, to Mr. Attorney General and Mr. Solicitor General, to Examine the matter of the said Petition; a Copy whereof is hereunto An_nexed, and to report to this Board how they find the same, together with their Opi_nion thereupon.

John Povey.

PUrsuant to Her Majesties Order, in Council, of the 8th of May, Instant. We do appoint to Consider of the matter of the Petition of Charles Hore, (relating to a Discovery of Frauds and Abuses in the Victualling of Her Majesties Navy) and Praying a Noli Prosequi for Richard Parrot, therein mention'd, to us thereby refer'd, upon Tuesday the 25th Instant, at Six of the Clock in the Afternoon, at Mr. Attorney Generals Chamber in the Temple, at which Time and Place we will consider also of the several Indictments against Randal Rench, and against John Bull, John Hoskins, and others, and also against Paul Dewey, alias Dewell, Thomas Wingfield, and William Ravenscroft, for Imbezzelling Her Majesties Stores and Provisions; whereof let the Parties Concerned have Notice, and let Notice be also given to the Commissioners for Victualling the Na_vy, or their Solicitor, of the said Appointment. Dated the 21st of May 1703.

Edward Northey. Simon Harcourt.

Hore and the Parties mentioned in this Summons, appear'd according to Order, and what pass'd at that time, being too tedious to mention in this place, yet it is worthy the Enquiry of our Representatives. But thus much may be said, That notwithstand_ing the strictness of Her Majesties Order for a Report of this Affair to be made to the Council Board, That no Report has as yet been made by the Attorney and Sollici_tor General.

The said Hore observing that the said Marquis of Carmarthen and others, had Re_ported, That they, Pursuant to the Order of His Royal Highness, had Survey'd the Stores belonging to Her Majesties Victualling-Office: And he, that said Hore, understanding that a considerable quantity of the Queens Provisions was Conceal'd in a Ware-House at Cuckolds-Point, not belonging to Her Majesties Victualling-Office, and Suspecting the same to be Embezzeled, he procured the following Warrant for Securing the said Provisions.

To all Headburroughs and Others of Her Majesties Officers, whom these may Concern.

WHereas Complaint, upon Oath, hath been this Day made unto me, One of Her Majesties Justices of the Peace for the said County, by Henry Broom, that he saw this Day in a Ware-House, at Rotherhith in this County, divers Casks wherein is Contained (as he supposes) a Considerable Quantity of Her Majesties Stores, that were Embezzeled, Contrary to the Statutes in that Case made and Provided.

These are, therefore, in Her Majesties Name, to Will and Require you, or some one of you upon sight thereof, to make Diligent Search in the Day time for the said Stores: And if upon your Search, you find any of the said Stores, or any Person or Persons, of whom you shall have just Cause of Suspicion, that then you secure the said Stores, and the Person or Persons, in whose Custody the same shall be so found; and him, or them bring before me, or before some other of Her Majesties Justices of the Peace for the said County, to be Examined Touching the Premises; and further to be Dealt withall ac_cording to the Law. Hereof fail not at your Perils. Given under my Hand and Seal the 18th, Day of June 1703.

Ralph Hartley.

The said Hore, having served the said Provisions for the Use of Her Majesty, He Wrote the following Letter to the Prince's Council.

June 19. 1703. Gentlemen,

I Thought fit to signifie to Your Honours that I have caused to be seized several Hun_dred Tuns of the Queens Provisions in Ware-Houses at Cuckolds-Point, which I suppose are Imbezzel'd; because they did not appear in the late Survey; I only Intimate this for Your Honours Consideration, who am

Your Honours Most Humble Servant, Charles Hore.

The said Hore being resolved throughly to acquaint Her Majesty with these Evil Pra_ctices, he again Petitioned Her Majesty as follows.

To the QUEENS Most Excellent Majesty. The Humble Petition of Charles Hore.

Sheweth,

THAT Your Petitioner some time since presented to Your Majesty a Petition rela_ting to a Discovery of Sinister Practices in the Victualling-Office, to the prejudice of Your Majesties Government, and the Abuse of Your Seamen; which said Petition Your Majesty was Graciously pleased to refer to the Consideration of the Attorney and Solicitor General: And Your Petitioner having since that Time seized a vast Quantity of Your Majesties Provisions concealed in private Ware-Houses, which said Provisions are Stinking and unfit for the Nations Service, and supposed to be Imbezzel'd. And Your Petitioner having Notice of several other of Your Majesties Stores belonging to the Vi_ctualling, which are after the said manner concealed; as also of a Galleon Laden with Tainted and Defective Provisions for the use of Your Majesties Navy.

Your Petitioner humbly prays Your Majesties Countenance, Power, and Direction to pro_ceed in the Premises, for the Good of Your Majesties Navy, and the Welfare of the Kingdom.

And Your Petitioner shall ever Pray, &c. Charles Hore.

At the Court near Hampton-Court, the 24th Day of June, 1703. Present The QUEENS Most Excellent Majesty in Council.

UPon Reading this Day at the Board, the Humble Petition of Charles Hore, setting forth that he formerly made a Discovery of Sinister Practices in the Victualling-Of_fice to the prejudice of Her Majesties Government, and the Abuse of the Seamen; and hath lately seized a vast Quantity of Her Majesties Provisions belonging to the Victual_ling-Office, concealed in private Ware-Houses, which is supposed to be Embezzelled; and hath Notice of several other Stores concealed after the same manner; and therefore praying Her Majesties Countenance, Power, and Direction therein; It is ordered by Her Majesty in Council, that it be, and it is, hereby referred to His Royal Highness, Lord High Admiral, to cause the Petitioners Allegations to be Examined, and to Re_port to Her Majesty in Council how He finds the same, with His Opinion thereupon.

John Povey.

It is here to be Noted, that tho' Hore Petitioned the Queen for the good of the Pub_lick; yet he was forced to pay the full Charge for all the Orders of Council, as if he had Petitioned on his own private Account.

The said Hore believing himself not fairly Treated in his Discovery by the Prince's Council, he Petitioned His Royal Highness to be heard by himself, as follows.

To His Royal Highness Prince George of Denmark, Lord High Admiral of England, Ireland, &c. The Humble Petition of Charles Hore.

Sheweth,

THat after Sir Richard Haddock, and Mr. Henry Greenhill, and others, by Order of Your Royal Highness, had Surveyed Her Majesties Stores and Provisions at the Victualling-Office, and in and about the Port of London; and a Report was given in to Your Royal Highnesses Council, that the said Stores were Extreamly Good, and fit for Her Majesties Service: Your Petitioner being assured of the Contrary, the said Surveyors having not Examined into all Her Majesties Stores, but that Considerable part of the said Stores were Concealed in Private Ware-Houses, did protest against the said Survey, a Copy whereof he delivered in at the Admiralty Board, to be Trans_mitted to Your Royal Highness.

Your Petitioner afterwards Petitioned Her Most Excellent Majesty in Council, set_ting forth several great Hardships to Her Majesties good Subjects, who had given In_formation in Relation to several Discoveries of several Frauds and Abuses Committed in Her Majesties Victualling Office: And Her Majesty was Graciously Pleased to Refer the Petition aforesaid, to the Consideration of the Attorney and Solicitor General, who, upon hearing the whole matter, Declared, the Allegations in the Petition were fully proved; tho' not yet Reported to Her Majesty in Council.

Your Petitioner in the mean Time (being Zealous and Resolute in Her Majesties Service) Procured a Warrant from a Justice of Peace to Seize, and accordingly hath Seized several Hundreds of Tuns of Her Majesties Provisions in Ware-Houses, at Cuckolds-Point: Supposed to be Concealed and Embezzel'd.

Whereupon Your Petitioner again Petitioned Her Majesty in Council for Her Power, Countenance and Direction in the Affair: And Her Majesty was Pleased to Refer the whole to Your Royal Highnesses Consideration, which Order of Reference is herewith Humbly Presented to Your Royal Highness.

Your Petitioner therefore most Humbly Prays, that Your Royal Highness will be Pleased to Hear the Matter of the said Complaint Personally; and Grant Your Petitioner Full Power and Authority to Seize other suspected Stores, and Examine those already Seized without Disturbance or Peril, that speedy Justice may be done Her Majesty and Govern_ment in this Particular.

And Your Petitioner shall ever Pray, &c. Charles Hore.

The Commanders of the Victualling Office, having appointed a Day for Surveying the Provisions at Cuckolds-Point. The said Hore, with some Friends, attend at the Sur_vey, and found the Provisions Stinking and unfit for Service, as appears by the follow_ing Report.

The Report of us, whose Names are hereunto Subscribed, being Inhabitants within the City and Liberty of Westminster, Touching a Survey of Sea Provisions (in_tended for Her Majesties Ser_vice) made on the 17th and 19th of July, 1703. In a Private Ware-House, at or near Cuckolds-Point, which Provisions were seized (as supposed) to be Embezzel'd from Her Majesties Stores.

THat upon Inspection of the Provisions aforesaid, the Major Part of them Appeared to us, to the best of our Judgement and Knowledge, to be killed since Michaelmas last, (tho' at this time they are Stinking) and are altogether unfit for Her Majesties Service; for this Reason, that upon opening the Casks, the Pickle appeared to be in a manner all Blood, which was Stinking and very Offensive; and the Flesh appeared to be Fresh, as if it had not been Salted above two Months: The Dammage of which Provisions is Occasioned for want of due care in Salting and Packing them; the Blood never having been Drained, nor the Salt ever Penetrated the Flesh: Whereas every Cock-Wench knows, that Flesh not mov'd or Repackt out of the Bloody Pickle, can never keep sweet six Months.

We further declare that during the time of the said Survey, one Skipper Holman pre_tended he had bought the said Provisions and said that all were Rogues who came there, especially Mr. Hore, whose Ears he swore he would cut off, and Arrest him for five_Pound a Day, for every Day he waited there, being so much out of his way, and was very Impertinent and Troublesome. And one Mr. Cole, the Master Cooper of the Victua_ling Office; and likewise Mr. Jennings, one of the Commissioners, pretended the said Provisions were Condemned at Portsmouth, and sent up hither, and Repackt out of good Husbandry, to serve as petty Warrant Provisions for new Imprest Men Aboard the Tenders, with such like Various Discourses. But we Humbly Presume, stinking Pro_visions are never designed by Her Majesty and Government, or Imprest Men, or the West-Indies, or to destroy any of Her Subjects, in any of Her Majesties Dominions, Here or Elsewhere.

Charles Hore. Charles Read, William Eastiss.

The said Hore Understanding that the Prince's Council had made a Report of this Survey to Her Majesty, without Examining the said Hore, and his Friends that were present at the Survey; and he the said Hore, not being able by any means to procure a Copy of the said Report to Her Majesty: He delivered a third Petition to Her Majesty at Hampton-Court, as follows.

To the QUEENS Most Excellent Majesty in Council. The Humble Petition of Charles Hore.

Sheweth,

THat Your Petitioner some time since presented to Your Gracious Majesty a Petition, Relating to a Discovery of Sinister Practices in the Victualling Office, to the pre_judice of Your Majesties Government, and the Abuse of Your Seamen; which was Referr'd to the Attorney and Solicitor General, who Owned the Allegations proved; yet no Report was given by them, as was Ordered by Your Majesty in Council; where_upon a second Petition was preferr'd, concerning an Imperfect Survey made by Sir Richard Haddock, and others; as also setting forth the seizing some Private Ware-Houses, and Requesting Power and Protection to seize others, which said Petition Your Maje_sty was Graciously pleas'd to Refer to the Consideration of His Royal Highness, Lord High Admiral; and Your Petitioner upon Enquiry at the Admiralty Board, what they had done with the Reference to His Royal Highness; was answered by the said Board, that they would give in their Report in two or three Days, and your Petitioner Replyed, who could their Honours give their Report, having not heard any Evi_dences since February last, to which the Board answer'd, it was no matter; Your Petiti_oner notwithstanding Resolved to proceed to take an Account of one of the Warehouses he had seized at Cuckolds-Point by Virtue of a Warrant from a Justice of Peace and up_on strict Survey found the Provisions stinking and unfit for Your Majesties Service, tho' not Kill'd above six Months, as appears from the Report hereunto Annext, and Your Petitioner has good Grounds to believe that several other of Your Majesties Stores be_longing to the said Office would be found as Defective upon a new Survey made by fit_ting Persons. And if Your Petitioner might be heard by Council before Your Majesty in Council, all his Allegations would plainly appear touching the Abuses and Misma_nagement in the Victualling Your Majesties Navy.

Wherefore Your Petitioner most Humbly Prays that Your Majesty will be Graciously Plea_sed to admit the whole matter to be heard by his Council before Your Majesty in Coun_cil that the full Discovery of the said Abuses and Mismanagements of the Victualing_Office may be no longer stiffled, but made Clearly and Evidently appear to Your most Gracious Majesty for the Good of Your Majesties Navy, and the Welfare of the King_dom.

And Your Petitioner shall ever Pray. Charles Hore.

To this Petition was Annexed the abovesaid Report; but the said Hore never had any Answer thereunto.

Now in all Humility he lays this whole Proceeding before our Representatives in Par_liament, to be Considered as in their great Wisdom they shall think fit.

FINIS. |CLA |Y1716 THE WHOLE PROCEEDING TO JUDGMENT UPON THE Articles of Impeachment OF HIGH TREASON Exhibited by the Knights, Citizens, and Burgesses in Parliament Assem_bled, in the Name of Themselves and of all the Commons of Great Britain, against James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, Robert Earl of Carnwath, Wil_liam Viscount Kenmure, and William Lord Nairn, In Westminster-Hall, on Thursday the Ninth Day of February, 1715. &horbar Published by Order of the House of Peers. &horbar LONDON: Printed for Jacob Tonson at Shakespear's-Head, over-against Katharine-Street in the Strand. MDCCXVI. &horbar &horbar THE WHOLE PROCEEDING In WESTMINSTER-HALL, UPON THE IMPEACHMENT AGAINST James Earl of Derwentwater, William Lord Wid_drington, William Earl of Nithisdale, Robert Earl of Carnwath, William Viscount Kenmure, and Wil_liam Lord Nairn.

Die Jovis 9 Februarii, 1715.

ABOUT One a Clock the Lords came from their own House into the Court erected in Westminster-Hall, to pass Sentence upon James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, in the manner following.

The Lord High-Steward's Gentlemen Attendants, two and two. The Clerks Assistant to the House of Lords, and the Clerk of the Par_liament, with the Clerk of the Crown in the Court of Chancery bearing the King's Commission to the Lord High-Steward. The Masters in Chancery, two and two. Then the Judges. The Peers Eldest Sons, and Peers Minors, two and two. Four Serjeants at Arms with their Maces, two and two. The Yeoman Ushers of the House. Then the Peers, two and two, beginning with the youngest Barons. Then four Serjeants at Arms with their Maces. The Serjeant at Arms attending the Great-Seal, and Purse-Bearer. Then Garter King at Arms; and the Gentleman-Usher of the Black Rod, carrying the White Staff before the Lord High-Steward. The Lord High-Steward alone, his Train born.

When the Lords were placed in their proper Seats, and the Lord High_Steward upon the Wooll-Pack,

The Clerk of the Crown, in the Court of Chancery, standing before the Clerk's Table, with his Face towards the State, having his Majesty's Com_mission to the Lord High-Steward in his Hand, made three Reverences towards the Lord High-Steward; and, on his Knee, presented the Com_mission to the Lord High-Steward; after which, and usual Reverences, the same was carried down to the Table: And then Proclamation for Si_lence was made in this manner;

O Yes, O Yes, O Yes! Our Sovereign Lord the King strictly charges and commands all manner of Persons to keep Silence, upon Pain of Im_prisonment.

Then the Lord High-Steward stood up, and spoke to the Peers.

Lord High-Steward.

His Majesty's Commission is going to be read; your Lordships are desired to attend.

All the Peers uncovered themselves, and they and all others stood up uncovered while the Commission was reading.

GEORGIUS R.

GEORGIUS, Dei Gratia, Magn� Britanni�, Francia & Hiberni� Rex, Fidei Defensor, &c. Pr�dilecto & Fideli Consiliario nostro Willielmo Domino Cowper, Cancellario nostro Magn� Britanni�, Salutem. Cum Jacobus Comes de Derwentwater, Willielmus Dominus Widdrington, Willielmus Comes de Nithisdale, Georgius Comes de Winton, Robertus Comes de Carn_wath, Willielmus Vicecomes Kenmure, & Willielmus Dominus Nairn, co_ram Nobis in pr�senti Par_liamento, per Milites, Cives & Burgenses in Parliamento nostro Assemblat' de alta Proditione per ipsos Jacobum Comitem de Derwentwater, Willielmum Dominum Widdrington, Willielmum Comitem de Nithisdale, Georgium Comitem de Winton, Robertum Comitem de Carn_wath, Willielmum Vicecomitem Kenmure, & Willielmum Dominum Nairn, com_miss' & perpetrat' in nomine ipsorum Militum, Civium & Burgensium, & nomi_ne omnium Communium Regni nostri Magn� Britanni� impetiti & accusati existunt; & ipsi pr�dict' Jacobus Comes de Derwentwater, Willielmus Domi_nus Widdrington, Willielmus Comes de Nithisdale, Robertus Comes de Carn_wath, Willielmus Vicecomes Kenmure, & Willielmus Dominus Nairn, co_ram Nobis in pr�senti Parliamento de Proditione pr�dict' se esse culpabiles seperatim cognoverunt: Nos considerantes quod Justitia est Virtus excellens & altissimo complacens, Volentesque quod pr�dict' Jacobus Comes de Derwent_water, Willielmus Dominus Widdrington, Willielmus Comes de Nithisdale, Robertus Comes de Carnwath, Willielmus Vicecomes Kenmure, & Willielmus Dominus Nairn, de & pro Proditione unde ipsi ut pr�fertur impetit' accusat' & convict' existunt coram Nobis in pr�senti Parliamento nostro, secundum Le_gem & Consuetudinem hujus Regni nostri Magn� Brittani�, & secundum Con_suetudinem Parliamenti audiantur, sententientur & adjudicentur c�teraque omnia qu� in hac parte pertinent debito modo exerceantur & exequantur, ac pro eo quod Proceres & Magnates in pr�senti Parliamento nostro assemblat' Nobis humilime supplicaverunt ut Senescallum Magn� Britanni� pro hac vice constituere dignaremur. Nos de fidelitate, prudentia, provida circumspectione, & industria vestris plurimum confidentes, Ordinavimus & Constituimus vos ex hac Causa Senescallum Magn� Britanni� ad Officium illud, cum omnibus eidem Officio in hac parte debit & pertinen' (hac vice) gerend' occupand' & exercend' Et ideo vobis Mandamus quod circa pr�missa diligenter inten_datis, & omnia qu� in hac parte ad Officium Senescalli Magn� Britanni� pertin' & requiruntur hac vice faciatis, exerceatis, & exequamini cum effectu. In cujus rei Testimonium has Literas nostras fieri fecimus Pa_tentes, Teste me ipso apud Westm' Nono Die Februarii, Anno Regni nostri Secundo.

Per ipsum Regem propria Manu Signat' Wrighte. Serjeant at Arms.

God save the King.

Then the Herald and Gentleman Usher of the Black Rod, after three Reverences, kneeling, presented the White Staff to his Grace; and then his Grace, attended by the Herald, Black Rod and Seal-Bearer (making his proper Reverences towards the Throne) removed from the Wooll-Pack to an armed Chair, which was placed on the uppermost Step but one of the Throne, as it was prepared for that purpose, and then seated himself in the Chair, and delivered the Staff to the Gentleman Usher of the Black Rod on his Right Hand, the Seal-Bearer holding the Purse on the Left.

Clerk of the Crown.

Serjeant at Arms make Proclamation

Serjeant at Arms

O Yes, O Yes, O Yes! Our Sovereign Lord the King strictly charges and commands all manner of Persons to keep Silence, upon Pain of Imprisonment.

Then another Proclamation was made, as follows.

O Yes, O Yes O Yes! Lieutenant of the Tower of London bring forth your Prisoners to the Bar, according to the Order of the House of Lords to you directed.

Then James Earl of Derwentwater, William Lord Widdrington, Wil_liam Earl of Nithisdale, Robert Earl of Carnwath, William Viscount Ken_mure, and William Lord Nairn, were all brought to the Bar by the De_puty Governour of the Tower, having the Ax carry'd before them by the Gentleman Jaylor, who stood with it on the Left Hand of the Prisoners, with the Edge turned from him. The Prisoners when they approach'd the Bar, (after kneeling,) bowed to his Grace the Lord High-Steward, and to the House of Peers; which Complement was returned them by his Grace, and the House of Peers.

Lord High-Steward.

Read the Articles of Impeachment.

ARTICLES of Impeachment of High Treason exhibited against James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn.

WHEREAS for many Years last a most wicked Design and Contri_vance has been formed and carried on, to subvert the ancient and established Government, and the good Laws of these Kingdoms; to extirpate the true Protestant Religion therein Established, and to de_stroy its Professors; and instead thereof, to introduce and settle Popery and Arbitrary Power; in which unnatural and horrid Conspiracy great Numbers of Persons of different Degrees and Qualities have concerned themselves and acted; and many Protestants, pretending an uncommon Zeal for the Church of England, have joined themselves with professed Pa_pists, uniting their Endeavours to accomplish and execute the aforesaid wicked and traiterous Designs:

And whereas it pleased Almighty God in his good Povidence, and in his great Mercy and Goodness to these Nations, to Crown the unwearied En_deavours of his late Majesty King William the Third of ever glorious Me_mory, by making him the Instrument to procure the Settlement of the Crown of these Realms in the Illustrious House of Hanover, as the only Means under God to preserve our Religion, Laws and Liberties, and to secure the Protestant Interest of Europe; since which happy Establishment the said Conspirators have been indefatigable in their Endeavours to de_stroy the same, and to make Way for the vain and groundless Hopes of a spurious Impostor and Popish Pretender to the Imperial Crown of these Realms.

And to accomplish these Ends, the most immoral, irreligious and un_christian-like Methods have been taken, but more particularly in the last Years of the Reign of the late Queen Anne, during which time all imagi_nable Endeavours were used by the said Conspirators to prejudice the Minds of the Subjects of this Realm against the Legality and Justice of the said Settlement of the Crown: And for that Purpose the Holy Scriptures were wrested, and the most wholsome Doctrines of the Church of England per_verted and abused by Men in Holy Orders, in the most publick and scan_dalous Manner, in order to condemn the Justice of the late happy Revo_lution; and thereby to sap and undermine the Foundation of the said hap_py Establishment; and the most notorious Instruments of these wicked Purposes were countenanced by particular Marks of publick Favour and Distinction; false and dangerous Notions of a sole Hereditary Right to the Imperial Crown of these Realms were propagated and encouraged by Per_sons in the highest Trust and Employments, contrary to the ancient, un_doubted and established Laws of these Kingdoms; jesuitical and scandalous Distinctions were invented and publickly inculcated, to enervate the Force and Obligation of those Oaths which had been contrived in the plainest and strongest Terms by the Wisdom of Parliament for the Security of the said Establishment; and to conceal their Designs, and thereby the better to en_able them to carry on the same, great Numbers of the said Conspirators of all Ranks and Conditions, pretending a Zeal for the Protestant Succession, openly and voluntarily took the said Oaths; groundless Fears of the Dan_ger of the Church of England were fomented throughout these Kingdoms, to disorder the Minds of well-disposed Protestants.

By all which and many other such ungodly Practices of the said Conspira_tors, the most causeless and dangerous Jealousies and Dissatisfactions were created in the Minds of the good People of this Kingdom, and great Num_bers of well-meaning, but deluded Protestants were much disquieted.

But nevertheless these dishonest Methods were pursued by the said Con_spirators with indefatigable Industry, as the only Means to weaken the Foundations of the said happy Establishment.

And whereas the Dissolution of the late glorious Confederacy against France, and the Loss of the Ballance of Power in Europe, were further Steps necessary to compleat the Designs of the said Conspirators; And the same being effected by the late ignominious Peace with France, the French King was rendred fomidable, and the Protestant Succession was thereby brought into the most imminent Danger; And by these and other pernici_ous Measures, the Destruction so long intended by the said Conspirators for these poor Nations seemed near at Hand.

At which Time, and under which most deplorable Circumstances, it pleased Almighty God in his infinite Wisdom to call to himself the late Queen Anne, and by a Concurrence of many most wonderful Providences to give a quiet and peaceable Accession to his present most Gracious Ma_jesty to the Throne of his Ancestors, to which he was received with one full Voice and Consent of Tongue and Heart, and the united Joy of every good Subject and good Protestant, as their only lawful and rightful Liege Lord; and altho' from the Moment his Majesty Ascended the Throne to this Day, his Reign has been one Series of Wisdom, Justice and Clemency; his Labours Constant, Unwearied and Successful to retrieve the Honour and Re_putation of these Nations; to re-establish the Trade and recover the Wealth of his Kingdoms; and although all imaginable Encouragement has been given to the Church of England, and all Tenderness shewn even to his Popish Subjects, and his constant Care has been to procure the universal Good of his People; ne_vertheless the said Conspirators have, by the most vile and impious Methods, re_newed their Endeavours to throw these Kingdoms into the utmost Confusion, and to entail endless Miseries on us and our Posterities: For these Ends many of the above-mentioned most wicked and dangerous Practices have been repeated with the utmost Industry and Inveteracy, to delude, disorder, and corrupt the Minds of his Majesty's good Subjects; the most groundless Jealousies have been fomented against his wise and happy Administration, and in many Parts of his Kingdoms the most unnatural, unexampled Riots and Tumults, by the secret and malicious Endeavours of the said Conspirators, have been procured, stirred up, and encouraged against his peaceable Protestant Subjects, under false Pre_tences of Zeal for the Church of England, and thereby more effectually to de_lude his good Subjects, and seduce them from their Allegiance, and prepare them for an open Rebellion.

And the said Conspirators having at length resolved to deprive these Nations of the invaluable Blessings which they now enjoy under the wise and gentle Reign of His present most Gracious Majesty King George, and of the certain Prospect of Happiness which they have for their Posterity, in a Succession of Princes derived from himself; did contrive, confederate and resolve to put their most malicious wicked and traiterous Designs into immediate Execution; for which purpose, James Earl of Derwentwater, William Lord Widdrington, Wil_liam Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, Wil_liam Viscount Kenmure, and William Lord Nairn, together with Thomas For_ster, Jun. the Lord Charles Murray, Edward Howard, Thomas Errington, John Clavering, William Shaftoe, Sir Francis Anderton, Ralph Standish, Richard Townly, Thomas Butler, Thomas Walton, Gabriel Hasket, Richard Gascoigne, and diverse other Persons, as false Traytors to His present most Sacred Majesty King George, the only lawful and undoubted Sovereign of these Kingdoms, having with_drawn their Allegiance, and cordial Love, and true and due Obedience, which they as good and faithful Subjects owed to His said Majesty, did, in or about the Months of September, October, or November 1715, most wickedly, maliciously, falsely and traiterously imagine and compass the Death of His said most Sacred Majesty.

And for the Accomplishing and Executing their said Traiterous Purpose, they the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, did, in or about the said Months or some of them, and at diverse other Times, and in diverse Places within this Kingdom, wickedly and traiterously agree, confederate, conspire, and resolve together, with many other evil-disposed Persons, to raise, excite, and levy within the Counties of Teviotdale, Northumberland, Cumberland, and the County Palatine of Lancaster, and elsewhere within this Kingdom, a most Cruel, Bloody, and De_structive War, against his Majesty, in order to depose and murther his Sacred Majesty, and to deprive him of his Royal State, Crown and Dignity.

And the said James Earl of Derwentwater, William Lord Widdrington, Wil_liam Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, William Lord Nairn, their Accomplices and Con_federates, in or about the Months aforesaid, in the Counties aforesaid, or some of them, did gather together great Numbers of His Majesty's Subjects, and with them did assemble in a warlike and traiterous Manner, in order to raise Tumults and Rebellion within this Kingdom; and having procured great Quantities of Arms, Ammunition and warlike Instruments, at the Times and Places aforesaid, or some of them, did form and compose, or did assist in the Forming and Com_posing an Army of Men, consisting of his Majesty's Liege Subjects, in order to wage War against his said Majesty, for and in behalf and in favour of the said Pretender to the Crown of these Realms; And the said last mentioned Conspi_rators, their Accomplices and Confederates, at the Time and Times and Places aforesaid, and at divers other Times and Places within this Kingdom, did ma_liciously and traiterously make, levy, and raise War and Rebellion against His most Sacred Majesty, and in a warlike and hostile Manner did march thro' and invade several Parts of this Kingdom, and did unlawfully take and seize the Horses and other the Goods and Chattels of many of the peaceable and good Sub_jects of His Majesty, and in other Places did take and seize, from his Majesty's faithful Subjects, Guns, and other warlike Instruments, for the carrying on their traiterous Purposes.

And the said last mentioned Conspirators, their Complices and Confederates, during their March and Invasion aforesaid, in open Defiance of His most Sacred Majesty's just and undoubted Title to the Imperial Crown of these Realms, did wickedly and traiterously Cause and Procure the said Pretender to be proclaimed, in the most publick and solemn Manner, as King of these Realms; and in se_veral Places in the Counties aforesaid, or some of them, did unlawfully take and seize from His Majesty's Officers of the Revenue the publick Mony, for the Use and Service of the said Pretender; and tho' many of the Conspirators are avowed Professors of the Popish Religion, yet the more effectually to cover and disguise their most wicked and traiterous Designs, and to delude His Majesty's Subjects, they did prevail on and procure several Men in Holy Orders, Ministers of the Church of England, and who had before that time abjured the said Pre_tender, to Accompany, Countenance and Abet the said most traiterous Enter_prize, and in several Places in the Counties aforesaid, where the said Conspira_tors, their Complices and Confederates then were, to pray for the said Preten_der in the publick Churches, as King of these Realms.

That the said last mentioned Conspirators, their Accomplices and Confederates, did, on or about the Ninth, Tenth, Eleventh, Twelfth or Thirteenth of No_vember aforesaid, Traiterously seize and possess themselves of the Town of Preston in the County Palatine of Lancaster a_gainst His Majesty, and did then and there in a warlike and hostile Manner levy War, Oppose, Engage and Fight against His Majesty's Forces; and did then and there cause and procure a Mise_rable and horrid Slaughter and Murther of many of His Majesty's faithful Subjects.

All which Treasons and Crimes abovementioned were Contrived, Committed, Perpetrated, Acted and Done, by the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, William Lord Nairn, and o_ther the Conspirators aforesaid, against Our Sovereign Lord the King, His Crown and Dignity; and contrary to the duty of their Allegiance, and against the Laws and Statutes of this Kingdom.

Of all which Treasons and Crimes, the Knights, Citizens and Burgesses in Parliament Assembled, do, in the name of themselves and of all the Commons of Great Britain, Impeach the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, William Lord Nairn, and every of them.

And the said Commons by Protestation saving to themselves the liberty of ex_hibiting at any time hereafter any other Accusations or Impeachments against the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, or any of them; and also of Replying to the Answers which the said James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, or any them, shall make to the Premisses, or any of them, or to any Impeachment or Accusation that shall be by them Exhibited according to the course and pro_ceedings of Parliament; And do pray that the said James Earl of Derwentwa_ter, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, be put to Answer all and every the Premisses; And that such Pro_ceedings, Examinations, Tryals and Judgments may be upon them and every of them had and used as shall be agreeable to Law and Justice.

Lord High Steward.

Read the Orders of the House of Lords of the Nine_teenth of January last.

&horbar

Die Jovis 19 Januarii, 1715.

THE Order of the Day being read, for bringing James Earl of Derwentwa_ter, William Lord Widdrington, William Earl of Nithisdale, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, to this House, in order to their putting in their several Answers to the Articles of Impeachment of High Treason Exhibited against them by the House of Commons:

The said Earl of Derwentwater was brought to the Bar by the Gentleman Usher of the Black-Rod, where he kneeled until the Lord Chancellor directed him to rise; and his Lordship acquainted him with the abovementioned Order, and demanded of him if he was ready to put in his Answer, which he said he was, and delivered the same at the Bar.

Which Answer of the said Earl of Derwentwater was read, and is as follows.

The Answer of James Earl of Derwentwater, to the Articles of Impeach_ment of High Treason exhibited against him by the Honourable the Knights, Citizens, and Burgesses of Great Britain in Parliament Assembled.

TO a Charge of so high and heinous a Nature the said Earl cannot Answer without the deepest Concern and Affliction, which becomes more weighty from the Share the Honourable House of Commons have been pleased to take in the Accusation; He assures himself however, that Great Assembly doth not engage in the Prosecution of an Offence, so open to Conviction in the ordi_nary Course of Law, with design to intercept that Mercy which the Earl, from the Report of His Majesty's natural Goodness, had reason to expect. It would be a Thought unworthy any Member of that August Body, to imagine he could have the least desire of spilling the Blood of any of his Fellow-Subjects, whom his Majesty's great Wisdom should think a fit Object of his Mercy; the said Earl therefore hopes that his Prosecution is taken out of the common Course of Justice, with Intentions that if in his particular Case there shall appear any Circumstances inducing Favour or Compassion, both your Lordships and the Commons may be Intercessors with his Majesty for Grace towards him; where_by the Exercise of the Royal Mercy, upon which the Earl depended (which a_mongst all the Virtues of the Crown most endears a Monarch to the Love and Affection of his People) may be extended in such Manner as may demonstrate that Clemency for which his Majesty is so greatly renowned, and not encou_rage any to Offend upon the Presumption of it for the future. The said Earl Acknowledges, with a real Sorrow, that at the time in the Articles mentioned he was in Arms, and with others did March through and invade several Parts of this Kingdom; and Confesses he is thereby guilty of the Offence wherewith he is charged in the said Articles. But if any Offence of that kind was ever at_tended with Circumstances which might move Compassion, the said Earl hopes he may be intitled to it: He begs Leave to inform your Lordships, That his Temper and Inclination disposed him to live peaceably under His Majesty's Go_vernment, and he never had the least Prejudice or Malice against his Person, nor was he ever heretofore concerned in or privy to any Design or Contrivance to subvert or disturb the Established Government, the Laws or Religion of this Kingdom; and if any Methods were taken by others to accomplish any of those Ends, he was absolutely a Stranger to them; nor did he now Engage in this Unhappy Undertaking upon any previous Concert or Contrivance for any such purpose; but being Young and Unexperienced, he rashly, and without any De_liberation, engaged himself to meet at Plainefield in Northumberland, on Assu_rance that many of his Relations and Acquaintance would appear there; that his Undertaking was sudden, appears in that he engaged in it without any pre_vious Preparation of Men, Horses, Arms, or other Warlike Accoutrements; and as the said Earl cannot be justly reproached with any Cruel, Severe, or Harsh Action during the Continuance in Arms, so he took the first Opportunity that offered of submitting to the King's Mercy. After the sudden Skirmishes at Pre_ston, the said Earl, with others, was sollicitous to prevent any further Destru_ction of the Lives of his Majesty's Subjects, and instrumental to induce all in Arms to submit themselves to the King, provided they might be secured of their Lives. One of his Majesty's Officers, sent from the General, gave them Encou_ragement to believe, that the Surrender of themselves would be the ready way to obtain the King's Mercy: In Confidence whereof, when a Cessation was agreed on, the said Earl offer'd himself to become one of the Hostages for them till the next Morning, in which time he received further Assurances from the Offi_cers, that the King was a Prince of known Clemency; that this was a distin_guishing part of his Character, and that the free Surrender to Mercy would be the most proper means to obtain it. The said Earl believes his Majesty's Offi_cers were very sensible, and will be so just as to acknowledge, that it had not been impracticable for many of those at Preston to make their way through his Ma_jesty's Forces; but this Attempt must have occasioned the loss of many Lives, and might have been productive of ill Consequences to the Government, which the said Earl was desirous to prevent; and when the time agreed on for the Ces_sation was near expired, and General Wills seemed uneasie in not having received any Message from those in the Town, the said Earl writ a Letter to exhort them to surrender to the King's Mercy; and at the same time declared to the said Ge_neral, and other Officers, that whatever happened, he was determined to conti_nue with them, and rely entirely on his Majesty's Clemency and Goodness, which he had Encouragement to expect; and in such Circumstances the said Earl cannot distrust your Lordships or the Commons readiness, to use their Me_diation for Mercy on his behalf, which will lay him under the highest Obliga_tions of Duty and Affection to his Majesty, and perpetual Gratitude to both Houses of Parliament.

Derwentwater.

The Material Words of which Answer appearing not to be sufficiently express and clear, the Lord Chancellor asked the said Earl if he meant by the said An_swer to plead Guilty to the said Articles of Impeachment.

He said he did, and submitted to the King's Mercy, and humbly desired their Lordships Intercession to his Majesty; and his said Answer and Plea was Recorded accordingly.

And he withdrew.

Then the Lord Widdrington was brought to the Bar, and having there also kneeled, was acquainted by the Lord Chancellor with the aforementioned Or_der, and ask'd the same Question as the Earl of Derwentwater; and he likewise delivered in his Answer, which was read as follows:

The Answer of William Lord Widdrington to the Articles of Impeachment of High Treason Exhibited against him by the Honourable the Knights, Citizens, and Burgesses of Great Britain in Parliament assembled.

IT is with inexpressible Concern and Affliction the said Lord appears before this August Assembly charged with Crimes of the most heinous Nature; and though it is Natural to Mankind to endeavour to conceal their Guilt, and make use of all manner of Defence, especially in the case of Life, yet as he sur_rendred himself at Preston, intirely relying on his Majesty's Mercy, so he is now resolved not to take any Measures which may argue the least Diffidence of that Mercy, or of your Lordships Goodness; and therefore the said Lord confesses he is Guilty of the Treason wherewith he is charged in the said Articles; and after having thus freely acknowledged his Offence, he begs leave to lay his Case before your Lordships, and humbly hopes when the particular Circumstances are considered, it will not be thought to Merit the most rigorous Punishment, but that both your Lordships, and the Honourable House of Commons, will look upon him as a proper Object of his Majesty's Clemency; and he humbly hopes he may not be thought the less unworthy of Favour, in that he never before Offended, nor was at any time privy to, or acquainted with any Design or Con_trivance to destroy or disturb the Established Government, the Laws or Reli_gion of this Kingdom, but came unawares into this sudden and unpremeditated Action; for although he had met with Publick Rumours and Reports of intended Invasions from Abroad, and Insurrections at Home, yet he never knew, or any other way heard of any formed Design against the Government, till he was told the Night before of a Meeting intended at Plainfield in Northumberland on the Sixth of October last; and being soon after informed, that almost all his Neigh_bours and Acquaintance had there met in Arms, he took a hasty and inconside_rate Resolution of joining them; nor was he in any sort prepared for such an Undertaking, having only some of his own Family with him, no Arms but his common Fowling-Pieces and wearing Swords, and fewer Horses than he had constantly kept for several Years before; and nothing but the Report of so many of his Friends being engaged could have hurried him on to an Enterprize so unaccountably Rash and Unjustifiable; and he is willing to hope your Lordships will esteem it some Alleviation of his Crime, that in a Commotion of that Na_ture there was so little Violation of the Rights and Properties of those who op_posed them; for he believes few Instances can be found, where such a Multitude continued so long in Arms without doing greater Acts of Violence and Injustice. The said Lord cannot charge himself with any injurious Acts to the Property of his Fellow-Subjects, and endeavoured to prevent them in others; and hopes it was thence owing in some Measure, that there was shown all along greater Marks of Moderation and Humanity, than is common in such a Warlike and Hostile Proceeding. The Suddenness of the Attack at Preston, without any previous Sum_mons, admitted no time for mediating a Submission before the loss of that Blood which was there unfortunately spilt; but after the Heat and Surprize of the first Action was over, a Cessation of Arms was desired, and upon the mutual Messages which then passed, the Officers sent from the General encouraged them to be_lieve the surrendring themselves would be the ready way to obtain the King's Mercy, and gave them repeated Assurances, that they submitted to a Prince of the greatest Clemency in the World: Upon these Hopes and Assurances they made a general Surrender of themselves to the King; and the said Lord may justly take notice to your Lordships, that as he was the last who took up Arms, so he was the first who procured a Meeting of the Chief Persons among them, in or_der to lay them down; and cannot doubt but your Lordships, and the Honoura_ble House of Commons, will think it equitable to make some Distinction between an obstinate Resistance and an early and humble Submission, whereby the Peace and Tranquility of this part of his Majesty's Dominions was intirely restored. Nature must have started at yielding themselves up to a certain and ignominious Death, when it must be acknowledged that it was not impracticable for many of them to have escaped; and it was possible so great a Number grown desperate might have obtained further Success, and thereby prevented the so speedy sup_pressing that Insurrection; but the said Lord, and the rest, having with the ut_most Confidence relied on the Assurances of his Majesty's great Clemency, and the hopes of Mercy, which had been given them from the Officers who commanded the Royal Forces, he is encouraged with great Earnestness to implore the Intercession of your Lordships, and the Honourable House of Commons, with his Majesty, for that Mercy on which they wholly depended; and as he doth not know where Mercy was refused to those who so early and with so much Resignation sub_mitted to it, so he humbly hopes your Lordships may be induced to think, that the Exercise of this Divine Virtue by his Majesty towards those who cast them_selves at his Royal Feet upon the sole Prospect and Expectation of it, will appear no less Glorious to his Majesty, and prove no less Advantageous to the future Quiet and Tranquility of his Government, than any Examples of Justice in such a Case can be likely to do: And whatever Marks of Goodness and Favour his Ma_jesty shall vouchsafe to the said Lord, will not fail to engage him by the strongest Tyes of Gratitude, to demonstrate in the future course of his Life the most con_stant and inviolable Duty to his Majesty, and the most real Esteem and Venera_tion for your Lordships and the Honourable House of Commons.

Widdrington.

And the said Lord Widdrington being asked if he had any thing further to say, he begg'd to be excused all Imperfections in his said Answer, said he had been indisposed with the Gout in his Stomach, and was not able to employ him_self in preparing his Answer till last Night, and finished it but this Morning, and humbly implored their Lordships Intercession to his Majesty for Favour and Mercy; and his Answer and Plea was Recorded accordingly.

And he withdrew.

Then the Earl of Nithisdale was brought to the Bar, and having there like_wise kneeled was acquainted with the forementioned Order, and asked the same Question as the Earl of Derwentwater; and he also delivered in his Answer, which was read as follows.

The Answer of William Earl of Nithisdale, to the Articles of Impeach_ment of High-Treason Exhibited against him by the Honourable the Knights, Citizens, and Burgesses of Great Britain in Parliament As_sembled.

IT is with the utmost Confusion the said Earl appears at your Lordships Bar, under the Weight of an Impeachment by the Commons of Great Britain for High Treason; he humbly begs Leave, in Extenuation of his Crime, to assure your Lordships that he was always a zealous Asserter of the Liberties of his Country, and never engaged in forming or carrying on any Design to subvert the ancient Established Government and the good Laws of this Kingdom; but being Summoned by those entrusted with the Administration of the Govern_ment in Scotland to appear at Edinburgh, and being assured if he went thither he should be made close Prisoner, he did not obey the Summons; but in all humble Manner applied for their Indulgence in dispensing with his being com_mitted to Goal, offering to give any Bail for his peaceable and quiet Behaviour; which being refus'd, and being at that time in so ill a State of Health, that a Confinement in Edinburgh Castle would have endangered his Life, he was forced to abscond, and kept private 'till several of the Persons mentioned in the said Impeachment, with many other of his Neighbours, appeared in Arms very near the Place where the said Earl lay concealed; and then he inconsiderately and unfortunately (with four of his Domesticks and no other Person whatso_ever) joined them, and proceeded in their Company to the Places in the said Articles of Impeachment mentioned; but he knew nothing of the in_tended Insurrection 'till they were actually in Arms. The said Earl is deep_ly sensible of his great Offence, and not affecting Delay, nor being willing to give your Lordships or the Honourable House of Commons any unneces_sary Trouble; He does with a Sorrow, equal to his Crime, confess that he is Guilty of the Treason in the said Articles of Impeachment contained, and throws himself at his Majesty's Feet, imploring his Royal Mercy; and to incline His Majesty thereto, and induce your Lordships to recommend him as an Object thereof, he begs Leave to inform your Lordships, that when he, and the rest that were with him at Preston, had engaged in a Battle, a Cessation of Arms being agreed to, they had Intimations from His Majesty's Officers, that if they submitted, they might expect the King's Mercy; and History abounding with Instances of Conditions stipu_lated with Generals, even with Rebels, and afterwards agreed to, and con_firmed by their Sovereigns, they were prevailed on by such Encourage_ment, together with the Consideration of His Majesty's known Clemency, to surrender themselves Prisoners, whereby the Lives of great Numbers of His Majesty's good Subjects were saved, which by an obstinate Resist_ance would inevitably have been destroyed; and therefore he most humb_ly begs your Lordships would be pleased to represent his Case to his Ma_jesty in the most favourable Manner; not doubting but by your Lordships powerful Intercession, he shall find, that as he performed the Duty of a good Christian, in concurring to prevent the Effusion of Blood; so he acted the Part of a wise Man in relying upon a Mercy so extensive as that of his Majesty: And he presumes, when the Honourable House of Commons are apprized of the Nature of his Case, they will not interpose to prevent him from having a Share in the Benefit of that Mercy.

Nithisdale.

And the said Earl of Nithisdale being asked if he had any thing further to say, he said he had nothing, but to implore the King's Mercy; and his Answer and Plea was recorded accordingly. And he withdrew.

Then the Earl of Carnwath was brought to the Bar, and having there likewise kneeled, was acquainted by the Lord Chancellor with the fore_mentioned Order, and asked the same Question as the Earl of Derwent_water.

He said he had no Answer in Writing, but desired to throw himself on the King's Mercy, and humbly implored their Lordships Intercession to his Majesty on his behalf; and assured the House, if the same were granted, he should think himself obliged to live under the strictest Tyes of Loyalty to his Majesty; and as to the said Articles, he said he was Guilty of the High_Treason contained in the said Articles of Impeachment against him; and the said Plea was recorded accordingly. And he withdrew.

Then the Viscount Kenmure was brought to the Bar, and having there kneeled also, was acquainted by the Lord Chancellor with the fore_mentioned Order, and asked the same Question as the Earl of Derwentwater.

He said he had no Answer in Writing, but was Guilty of the Charge of High-Treason contained in the Articles of Impeachment against him, and begged the House would intercede with his Majesty for Mercy; and his Plea was recorded accordingly. And he withdrew.

Then the Lord Nairn was brought to the Bar, and having there also kneeled, was acquainted by the Lord Chancellor with the forementioned Order, and ask'd the same Question as the Earl of Derwentwater.

He said he threw himself upon the King's Mercy, and begged the Inter_cession of this House to his Majesty; and as to the Articles of Impeachment exhibited against him, he said he was Guilty of the High-Treason con_tained in the said Articles; and his Plea was recorded accordingly.

Then he delivered in a Petition at the Bar, and the same was read as follows.

To the Right Honourable the Lords Spiritual and Temporal in Parliament Assembled. The Humble Petition of William Lord Nairn,

Sheweth,

THAT your Petitioner was educated, and hath always continued a Protestant, according to the Discipline of the Church of England; and tho', by reason of some mistaken Principles he unwarily imbibed in his tender Years, he did not in all respects conform to the late Revolution, lying under the less Necessity, for that he had married an Heiress, in whom all the Right of your Petitioner's Estate is invested; and tho' he ne_ver took the Oaths, yet he always peaceably submitted to, and lived qui_etly under the Government as by Law Established, until the breaking out of this Rebellion, in which your Petitioner was inadvertently involv'd, but not before the Lord Mar, and his Adherents, had for a considerable time made themselves Masters of Perth and Dunkeld, and thereby sur_rounded your Petitioner's whole Estate, and came to your Petitioner's House, lying in the middle between those places.

Your Petitioner heartily repents of this rash Undertaking, and solemnly declares he knew nothing of any previous Consultations, or Conspiracies, in favour of the Pretender, before he actually appear'd in Arms; nor knew any thing about crossing the Forth, until the Morning he was sent over under Macintoch's Command; and then was so far from approving of that Expedition, that tho' to avoid the Imputation of Cowardice he wou'd hazard his own Person therein, your Petitioner ordered back all his De_pendents, and was only attended by his Son, and four Servants, who would not leave him in a time of Danger, tho' often desired; nor was your Petitioner privy to any Designs of Marching into England, for having been bred a Seaman, he had no Pretensions to Knowledge in the Land Service.

Your Petitioner being now sensible of his Errors, hath pleaded Guilty to the Articles of Impeachment of High-Treason exhibited against him by the Honourable House of Commons, and thrown himself at his Majesty's Feet; humbly beseeching your Lordships, in Commiseration of the deplo_rable Circumstances of your Petitioner, and his Twelve Children, to re_commend him to his Majesty for that Mercy, which at the time of his Surrender he was made to believe he might reasonably expect.

This will lay your Petitioner and his Posterity under the greatest Obli_gations of Duty and Gratitude to his Majesty, and bind them for ever to bless your Lordships as the merciful Instruments of procuring such a Gra_cious Deliverance.

And your Petitioner shall ever pray, &c. NAIRN.

And being asked if he had any thing further to say, he said he had not, and withdrew. &horbar

Lord High-Steward.

My Lords, that are the Prisoners at the Bar, I am to acquaint your Lordships, that upon any Occasion which shall be offered you to speak for your selves, you are to direct your Speech to the Lords in general; and so is any other Person that shall have occasion to speak to this Court.

Lord High-Steward. James

Earl of Derwentwater, William Lord Wid_drington, William Earl of Nithisdale, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, You stand Impeached of High-Treason by the Commons of Great-Britain in Parliament assembled; which Treason is contain'd in the Articles that have been lately read; to this you have severally pleaded Guilty, and are thereby Convicted. What say you, James Earl of Derwentwater, why Judgment should not pass upon you according to Law?

Earl of Derwentwater.

I Only humbly beg leave of my Noble Peers to re_peat a few Circumstances mentioned in my Answer to the Articles of Impeachment exhibited against me by the Honourable House of Commons.

But the Terrors of your Lordships just Sentence, which at once deprive me of my Life and Estate, and compleat the Misfortunes of my Wife and innocent Children, are so heavy upon my Mind, together with my Unex_perience, that I am scarce able to alledge what may extenuate my Offence, if any thing can do it I have confest my self Guilty; but, my Lords, that Guilt was rashly incurred without any Premeditation, as I hope your Lord_ships will be convinced by one Particular: I beg leave to observe, I was wholly unprovided with Men, Horses, Arms, and other Necessaries, which in my Situation I could not have wanted, had I been privy to any formed Design: As my Offence was sudden, so my Submission was early; when his Majesty's Generals thought fit to demand Hostages for securing the Terms of the Cessation, I voluntarily offered my self, without which the Cessation might possibly have proved ineffectual: And whilst I continued Hostage, the great Character of his Majesty's Clemency, and the repeated Encouragement I had to hope for Mercy, by surrendring to it, soon de_termined me, and I accordingly declared my Resolution to remain with his Majesty's Forces, and from that time submitted my self to his Good_ness, on which I still entirely depend. I humbly hope to obtain the Me_diation of your Lordships, and of the Honourable House of Commons, in my behalf; solemnly protesting my future Conduct shall show me not al_together unworthy your Generous Compassion for my Life, which is all I can beg of his Majesty.

Lord High-Steward.

My Lord Derwentwater, your Lordship's Voice hath not been perfectly heard to this end of the Court, therefore I ask you whether you have pleaded any thing in Arrest of Judgment.

Lord Derwentwater.

No, my Lords.

Lord High-Steward.

Lord Widdrington, what have you to say for your self why Judgment should not pass upon you according to Law?

Lord Widdrington.

MY Lords, I have abandoned all manner of Defence ever since I first surrendered my self to his Majesty's Royal Clemency, and only now beg leave to repeat to your Lordships some Circumstances of my unhappy Case, which I have already set forth in my An_swer.

Your Lordships see before you an unfortunate Man, who after leading a pri_vate and retired Life for many Years, has by one rash and inconsiderate Action exposed himself and his Family to the greatest Calamities and Misery, and is now upon the point of receiving the severest Sentence directed by any of our English Laws.

I do protest to your Lordships, that I was never privy to any concerted Measures against his Majesty's Royal Person, or the established Government: As to the Insurrection in Northumberland, I only heard of it accidentally the Night before it happened, and being soon after informed that all my Neigh_bours and Acquaintance had met in Arms, a crowd of confused and mistaken Notions hurried me at once into a precipitate Resolution of joyning them; a Resolution, which, I must own, I could never since calmly reflect upon with_out part of that Confusion I find my self under in the publick Acknow_ledgement of so much Rashness and Folly. After thus plunging out of my Depth, as unprepared for such an Enterprize as the Action was unpremedi_tated, I cannot for my own particular, upon the strictest Recollection, charge my self with any Violation of the Properties of my Fellow-Subjects: But on the contrary, I always endeavour'd to encourage Humanity and Moderation during the whole course of our miserable Expedition; and in order to make the best Atonement in my Power for the great Fault I had been Guilty of, I can justly say, that I was in no small Degree instrumental in procuring a general Submission to his Majesty. But, my Lords, however willing or desirous, either I or any others might be to put a speedy End to those unfortunate Troubles; Self-preservation, the first and most powerful Law of Nature, would have rendred the Proposal vain and fruitless, had not the Offi_cers who commanded the Royal Forces given us Hopes of Mercy, and assured us we submitted to a Prince of the greatest Clemency in the World. These Hopes, and this Assurance, answered the strongest Objections, overcame all remaining Difficulties, and gave the finishing Stroke to a general Surrender, whereby the further Effusion of British Blood was prevented, and a perfect Tranquility restored to these Parts of his Majesty's Dominions.

My Lords, as this my first Attempt was rash and unpremeditated, as I always used and promoted Moderation and Humanity towards my Fellow-Subjects, and as I did not obstinately persist in my Fault, but was the first who proposed an early Submission to his Majesty, I humbly hope my unhappy Case, and the de_plorable Condition of my unfortunate Children, already deprived of their tender Mother, will raise a generous Compassion in your Lordships, and the Honoura_ble House of Commons; and I most earnestly entreat both your Lordships, and that Honourable House, to become Intercessors with his Majesty in my behalf, for that Mercy which I was encouraged to hope for when I first sur_rendred, and which I have ever since with the utmost Confidence relied upon.

I have only to add my most Solemn Assurance before this August Assem_bly, that no future time shall ever find me wanting in the most inviolable Duty and Gratitude to that merciful Prince who gives me my Life, and re_stores a Father to five miserable and distressed Orphans; and I shall always re_tain the highest Esteem and Veneration for your Lordships and the Honoura_ble House of Commons.

Lord High-Steward.

Lord Widdrington, for greater certainty I ask your Lordship whether you have pleaded any thing in Arrest of Judgment.

Lord Widdrington.

No, my Lords, I have not.

Lord High-Steward. William

Earl of Nithisdale, what hath your Lord_ship to say for your self why Judgment should not pass upon you according to Law?

Lord Nithisdale.

MY Lords, I have confessed my self Guilty, relying on_ly on His Majesty's Mercy; and I beg leave to as_sure your Lordships I was never privy to any Plot or Design against His Majesty's Person or Government, and was unprovided with any Necessaries for such a Purpose; but rashly and inconsiderately, with only four of my Ser_vants, joined those who appeared in Arms in my Neighbourhood, and was one of the last who went unto them.

At Preston, my Lords, His Majesty's Generals gave great Hopes and En_couragement to believe that Surrendering to His Majesty's Mercy was the ready way to obtain it, with repeated Assurances that His Majesty was a Prince of the greatest Clemency.

Upon those Hopes and Assurances I submitted my self, and still entirely depend on His Majesty's Goodness, earnestly beseeching your Lordships and the honourable House of Commons, to intercede with His Majesty on my Behalf.

And I solemnly promise your Lordships I shall, during the remainder of my Life, pay the utmost Duty and Gratitude to His Most Gracious Majesty, and the highest Veneration and Respect to your Lordships and the honourable House of Commons.

Lord High-Steward.

I must also ask your Lordship (your Lordship's Voice not reaching thus far) whether you have pleaded any thing in Arrest of Judg_ment.

Lord Nithisdale.

No, my Lords, I have not.

Lord High-Steward.

Lord Carnwath, what have you to say for your self why Judgment should not pass upon you according to Law?

Lord Carnwath.

MY Lords, I shall not trouble this Great Assembly with a Repetition of what I said, when formerly before your Lordships and his Majesty's Council.

I hope these Noble Lords entertain that favourable Opinion of my sincere Dealing then, as to believe that want of Experience and Knowledge of the Laws was the great Inducement of engaging me in this fatal and unhappy Undertaking.

The only thing I can hope or wish for is his Majesty's Mercy; He has the Character of a merciful Prince: Should it please him to think me a proper Ob_ject for it, (tho' I must confess my self a very unworthy one) all I can say, my Lords, is, that the Remainder of my Life shall convince his Majesty, and all the World, of my true Penitence and Gratitude.

My Lords, I am yet an unworthy Member of this great Body, the Peer_age, now expecting your Lordships Judgment as to Life or Death: Should it be for Life, my Demeanour and Carriage for the future will be such, as none of your Lordships shall be asham'd of having shew'd me Compassion; But shou'd it be for Death, God's Will be done; To my last Hour I shall pray for the Nation's and your Lordships Prosperity; having this Comfort in my present Distress, that your Lordships are my Judges at this Tribunal: And yet a greater Comfort have I, that I am soon to appear before a Greater, where I can't despair of finding Mercy and Forgiveness for all my Sins.

I beg God Almighty's Pardon for them: I have already ask'd his Majesty's, and I do it now; And I do humbly beg leave, once more, and perhaps the last Occasion that ever I shall have, to desire that your Grace, this noble House, and the honourable Commons of Great Britain, who are now here, would intercede with his Majesty for me.

I take my Leave of your Lordships, _And wish you all Happiness.

Lord High-Steward.

Does your Lordship offer any thing in Arrest of Judgment?

Lord Carnwath.

No, my Lords.

Lord High-Steward.

Lord Kenmure, what have you to say for your self why Judgment should not pass upon you according to Law?

Lord Kenmure.

MY Lords, I am truly sensible of my Crime, and want Words to express my Repentance. God knows I ne_ver had any personal Prejudice against his Majesty, nor was I ever accessary to any previous Design against him. I humbly beg my noble Peers and the honourable House of Commons to intercede with the King for Mercy to me, that I may live to show my self the dutifullest of his Subjects, and to be the Means to keep my Wife and Four small Children from starving; the Thoughts of which, with my Crime, makes me the most unfortunate of all Gentlemen.

Lord High-Steward.

My Lord, your Voice not being heard to this End of the Court, I would know whether in what you have said you have offered any thing in Arrest of Judgment.

Lord Kenmure.

No, my Lords.

Lord High-Steward.

Lord Nairn, what have you to say for your self why Judgment should not pass upon you according to Law?

Lord Nairn.

I Am very sensible how unfit I am to plead my own Cause before your Grace (my Lord High-Steward) and this August Assembly, and therefore, tho' I could say much to extenuate the Crime for which I stand Impeached, yet I chuse rather to lay my whole Stress upon the King's Mercy for which he is so renowned, and which I was put in hopes of at the time of my Surrender. In Consideration where_of, and in Compassion to an afflicted Wife and Twelve Children, I still hope, by the Mediation of your Grace, my noble Lords, and the honourable House of Commons, I may obtain it, solemnly protesting, that in Gratitude for so signal a Deliverance, I will, to the End of my Life, remain a dutiful and obe_dient Subject to His most Gracious and Sacred Majesty King George.

Lord High-Steward.

My Lord, for greater Certainty, I ask your Lordship whether you have offered any thing in Arrest of Judgment.

Lord Nairn.

No, my Lords.

Serjeant at Arms.

O Yes, O Yes, O Yes! Our Sovereign Lord the King strictly charges and commands all manner of Persons to keep Silence up_on Pain of Imprisonment.

Lord High-Steward.

JAmes Earl of Derwentwater, William Lord Wid_drington, William Earl of Nithisdale, Robert Earl of Carnwath, William Viscount of Kenmure, William Lord Nairn,

You stand Impeached, by the Commons of Great Britain in Parliament assem_bled, of High Treason, in Traiterously imagining, and compassing the Death of his most Sacred Majesty, and in conspiring for that end to levy a bloody and destructive War against his Majesty, in order to Depose and Murder him; and in levying War accordingly, and proclaiming a Pretender to his Crown to be King of these Realms.

Which Impeachment, though one of your Lordships, in the Introduction to his Plea, supposes to be out of the ordinary and common Course of the Law and Ju_stice, is yet as much a Course of Proceeding according to the Common Law, as any other whatsoever.

If you had been Indicted, the Indictment must have been removed and brought before the House of Lords (the Parliament sitting). In that case you had ('tis true) been accused only by the Grand Jury of one County; in the present, the whole Body of the Commons of Great Britain, by their Representatives, are your Accusers.

And this Circumstance is very observable (to exclude all possible Suppositi_on of Hardship as to the Method of proceeding against you), That however all great Assemblies amongst us are apt to differ on other Points, You were Im_peached by the unanimous Opinion of the House of Commons (not one contra_dicting).

They found themselves, it seems, so much concern'd in the Preservation of His most truly Sacred Majesty, and the Protestant Succession (the very Life and Soul of these Kingdoms) that they could not omit the first Opportunity of taking their proper part, in order to so signal and necessary an Act of his Ma_jesty's Justice.

And thus the whole Body Politick of this free Kingdom has in a manner rose up in its own Defence, for the Punishment of those Crimes, which, 'twas rightly apprehended, had a direct Tendency to the everlasting Dissolution of it.

To this Impeachment you have severally pleaded, and acknowledged your selves Guilty of the High-Treason therein contain'd.

Your Pleas are accompanied with some variety of Matter, to mitigate your Of_fences, and to obtain Mercy.

Part of which; as some of the Circumstances said to have attended your Sur_render, (seeming to be offer'd rather as Arguments only for Mercy, than any thing in Mitigation of your preceding Guilt) is not proper for me to take No_tice of.

But as to the other part which is meant to extenuate the Crimes of which you are convicted, it is fit I should take this Occasion to make some Observations to your Lordships upon it; To the end that the Judgment to be given against you may clearly appear to be Just and Righteous, as well as Legal; and that you may not remain under any fatal Error in respect of a greater Judicature, by re_flecting with less Horror and Remorse on the Guilt you have contracted than it really deserves.

It is alledg'd by some of your Lordships, that you engaged in this Rebellion without previous Concert or Deliberation, and without suitable Preparations of Men, Horses and Arms.

If this should be supposed true, on some of your Lordships averring it; I de_sire you to consider, that as it exempts you from the Circumstance of contri_ving this Treason, so it very much aggravates your Guilt in that part you have undoubtedly born in the Execution of it.

For it shows, That your Inclinations to Rebel were so well known (which could only be from a continued Series of your Words and Actions) that the Contrivers of that Horrid Design depended upon you, and therein judg'd right_ly: That your Zeal to engage in this Treason was so strong, as to carry you into it on the least Warning, and the very first Invitation: That you would not excuse your selves by want of Preparation, as you might have done; And that rather than not have a share in the Rebellion, you would plunge your selves into it, almost naked and unprovided for such an Enterprize: In short, That your Men, Horses, and Arms were not so well prepared, as they might, and would have been on longer Warning; but your Minds were.

It is alledg'd also as an Extenuation of your Crime, that no cruel or harsh A_ction (I suppose is meant no Rapine or Plunder, or worse) has been committed by you.

This may, in part only, be true. But then your Lordships will at the same time consider, that the laying waste a Tract of Land bears but a little proportion in point of Guilt, compared with that Crime of which you stand convicted; an open Attempt to destroy the best of Kings, to ruin the whole Fabrick, and raze the very Foundations of a Government, the best suited of any in the World, to perfect the Happiness, and support the Dignity of Human Nature: The former Offence causes but a Mischief, that is soon recover'd, and is usually pretty much confin'd; the latter, had it succeeded, must have brought a lasting and uni_versal Destruction on the whole Kingdom.

Besides, much of this was owing to Accident; your March was so hasty, partly to avoid the King's Troops, and partly from a vain Hope to stir up Insur_rections in all the Counties you passed through, that you had not time to spread Devastation, without deviating from your main, and, as I have observ'd, much worse Design.

Farther. 'Tis very surprizing that any concern'd in this Rebellion should lay their ingaging in it on the Government's doing a necessary, and usual Act in like cases, for its Preservation; the giving Orders to confine such as were most likely to join in that Treason: 'Tis hard to believe that any one should Rebel, merely to avoid being restrain'd from Rebelling; or that a gentle Confinement would not much better have suited a crazy State of Health, than the Fatigues and Inconveniencies of such long and hasty Marches in the depth of Winter.

Your Lordships rising in Arms therefore, has much more justify'd the Pru_dence and Fitness of those Orders, than those Orders will in any wise serve to mi_tigate your Treason. Alas! happy had it been for all your Lordships had you fallen under so indulgent a Restraint!

When your Lordships shall in good earnest apply your selves to think impar_tially on your Case, surely you will not your selves believe, that 'tis possible, in the nature of the thing, to be engaged, and continue so long engaged, in such a dif_ficult and laborious Enterprize, through Rashness, Surprize, or Inadvertency: Or that, had the Attack at Preston been less sudden, (and consequently the Rebels better prepared to receive it) your Lordships had been reduced the sooner, and with less, if not without any Bloodshed.

No, my Lords; these, and such like, are artful Colourings proceeding from Minds fill'd with Expectation of continuing in this World; and not from such as are preparing for their Defence before a Tribunal, where the Thoughts of the Heart, and the true Springs and Causes of Actions, must be laid open.

And now, my Lords, having thus removed some false Colours you have used; To assist you yet farther in that necessary Work of thinking on your great Of_fence as you ought, I proceed to touch upon several Circumstances that seem greatly to aggravate your Crime, and which will deserve your most serious Con_sideration.

The Divine Virtues ('tis one of your Lordships own Epithets) which all the World as well as your Lordships acknowledge to be in His Majesty, and which you now lay claim to, ought certainly to have with-held your Hands from en_deavouring to depose, to destroy, to murder that most Excellent Prince; so the Impeachment speaks, and so the Law construes your Actions; and this is not only true in the Notion of Law, but almost always so in Deed and Reali_ty: 'Tis a trite, but very true Remark, That there are but few Hours between Kings being reduced under the Power of Pretenders to their Crown, and their Graves. Had you succeeded, His Majesty's Case would, I fear, have hardly been an Exception to that general Rule, since 'tis highly implorable, that Flight should have saved any of that Illustrious and Valiant Family.

'Tis a farther Aggravation of your Crime, that his Majesty, whom your Lord_ships would have Dethron'd, affected not the Crown by Force, or by the Arts of Ambition, but succeeded peaceably and legally to it; and on the Decease of her late Majesty without Issue, became undoubtedly the next in course of De_scent capable of succeeding to the Crown, by the Law and Constitution of this Kingdom; as it stood declared some Years before the Crown was expresly limited to the House of Hanover. This Right was acknowledg'd, and the Descent of the Crown limited or confirmed accordingly, by the whole Legislature in two successive Reigns; and more than once in the later, which your Lordships Ac_complices are very far from allowing, would biass the Nation to that side.

How could it then enter into the heart of Men, to think that private Per_sons might with a good Conscience endeavour to subvert such a Settlement, by running to tumultuary Arms; and by intoxicating the dreggs of the People, with contradictory Opinions, and groundless Slanders; or that God's Provi_dence would ever prosper such wicked, such ruinous Attempts?

Especially if in the next place it be consider'd, that the most fertile Inventions on the side of the Rebellion, have not been able to assign the least shadow of a Grievance as the Cause of it: To such poor Shifts have they been reduced on this Head, that for want of better Colours, it has been objected, in a solemn manner, by your Lordships Associates, to his Majesty's Government; That his People do not enjoy the fruits of Peace as our Neighbours have done since the last War: Thus they first rob us of our Peace, and then upbraid us that we have it not. 'Tis a Monstrous Rebellion that can find no fault with the Go_vernment it Invades, but what is the Effect of the Rebellion it self.

Your Lordships will likewise do well to consider what an additional Burthen your Treason has made necessary on the People of this Kingdom; who wanted, and were about to enjoy some Respite: To this end, 'tis well known, that all new, or encrease of Taxes, were the last Year carefully avoided, and his Ma_jesty was contented to have no more Forces than were just sufficient to attend his Person, and shut the Gates of a few Garrisons.

But what his Majesty thus did for the Ease and Quiet of his People, you most ungratefully turn'd to his Disadvantage, by taking Encouragement from thence, to endanger his and his Kingdoms Safety, and to bring Oppression on your Fellow-Subjects.

Your Lordships observe I avoid expatiating on the Miseries of a Civil War, a very large and copious Subject; I shall but barely suggest to you on that Head, that whatever those Calamities may happen to be in the present case, All who are at any Time or in any Place Partakers in the Rebellion (especially Persons of Figure and Distinction) are in some degree responsible for 'em: and therefore your Lordships must not hold your selves quite clear from the Guilt of those Barbari_ties which have been lately committed, by such as are engaged in the same Treason with you, and not yet perfectly reduced, in burning the Habitations of their Countrymen, and thereby exposing many Thousands to Cold and Hun_ger in this rigorous Season.

I must be so just to such of your Lordships, as profess the Religion of the Church of Rome, that you had one Temptation, and that a great one, to engage you in this Treason, which the others had not; in that 'twas evident, Success on your part must for ever have establish'd Popery in this Kingdom, and that pro_bably you could never have again so fair an Opportunity.

But then, good God! how must those Protestants be cover'd with Confusion, who enter'd into the same Measures, without so much as capitulating for their Religion (that ever I could find from any Examination I have seen or heard) or so much as requiring, much less obtaining a frail Promise, that it should be Preserv'd, or even Tolerated.

It is my Duty to exhort your Lordships thus, to think of the Aggrava_tions as well as the Mitigations (if there be any) of your Offences; and if I could have the least Hopes, that the Prejudices of Habit and Educati_on would not be too strong for the most Earnest and Charitable Entrea_ties; I would beg you not to rely any longer on those Directors of your Consciences, by whose Conduct you have, very probably, been led in_to this miserable Condition; but that your Lordships would be assisted by some of those Pious and Learned Divines of the Church of Eng_land, who have constantly bore that infallible Mark of sincere Christi_ans, Universal Charity.

And now, my Lords, nothing remains, but that I pronounce upon you, (and sorry I am that it falls to my Lot to do it) that terrible Sentence of the Law, which must be the same that is usually given against the meanest Offender in the like Kind.

The most ignominious and painful Parts of it are usually remitted by the Grace of the Crown to Persons of your Quality; but the Law in this Case being deaf to all Distinctions of Persons, requires I should Pro_nounce; and accordingly it is adjudg'd by this Court,

That you, James Earl of Derwentwater, William Lord Widdring_ton, William Earl of Nithisdale, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, and every of you, return to the Prison of the Tower from whence you came; from thence you must be drawn to the Place of Execution; when you come there, you must be hang'd by the Neck, but not till you be Dead; for you must be cut down alive, then your Bowels must be taken out, and burnt before your Faces; Then your Heads must be sever'd from your Bodies, and your Bodies divided each into four Quarters; and these must be at the King's disposal.

And God Almighty be Merciful to your Souls!

Serjeant at Arms.

O Yes! Our Sovereign Lord the King strictly Charges and Commands all manner of Persons to keep Silence, upon Pain of Imprisonment.

Then the Lord High Steward stood up uncover'd, and declaring there was nothing more to be done by Vertue of the present Commission, broke the Staff, and pronounced it dissolv'd: And then leaving the Chair, came down to the Wooll-Pack, and said, Is it your Lordships Pleasure to Adjourn to the House of Lords?

Lords.

Ay, Ay.

And then the House Adjourn'd to the House Above, and the Lords and others returned in the same Order they came down. &horbar

FINIS. |CLA |Y1723 BY Vertue of an Order of the House of Lords of the 24th of April Instant, I do appoint Edmund Parker and Jacob Tonson to Print the Report, Appendix, and other Proceedings hereunto annexed; and that no other Person do presume to Print the same. Macclesfield C. A REPORT FROM THE LORDS COMMITTEES TO WHOM THE REPORT and ORIGINAL PAPERS Delivered by the HOUSE of COMMONS at several Conferences were Referred, And who were Impowered by the HOUSE of LORDS TO EXAMINE Christopher Layer, and such other Persons as they from time to time should think proper; and to whom several Informations and Papers laid before the House by His Majesty's Command relating to the Conspiracy mentioned in His Majesty's Speech at the Opening of this Parliament, to be carrying on against his Person and Government, were referred. Which REPORT was made by His Grace the DUKE of DORSET On Tuesday the Twenty Third of April, 1723. Together with the APPENDIX, containing Examinations, Letters and other Papers referred to in the said Report. AS ALSO The RESOLUTION of the House thereupon, and the Thanks given to the Lords Committees by the Lord Chancellor by Order of the House. &horbar Publish'd by Order of the House of Lords. &horbar London: Printed for Edmund Parker in Lombard-Street, and Jacob Tonson in the Strand. MDCCXXIII. &horbar &horbar

Die Mercurii 24� Aprilis 1723.

THE House (according to Order) took into Considera_tion the Report from the Lords Committees, to whom the Report and Original Papers delivered by the House of Commons at several Conferences, were referred; and who were Impowered by this House to Examine Christopher Layer and such other Persons as they from time to time should think proper: And the said Report being read, It is resolved by the Lords Spiritual and Temporal in Parliament Assembled, That this House is fully satisfyed and convinced, That a Detestable and Wicked Conspiracy has been formed and carried on, for solliciting a Foreign Force to Invade these Kingdoms, for Raising a Rebellion, and inciting Insur_rections in London, and divers other Parts of Great Bri_tain, and even for laying Violent Hands on the Sacred Person of His Majesty, and on His Royal Highness the Prince of Wales, in Order to Destroy Our Religion and Happy Constitution, by placing a Popish Pretender on the Throne.

Ordered, by the Lords Spiritual and Temporal in Parlia_ment Assembled, That the Thanks of this House be given, by the Lord Chancellor, to the said Lords Committees, for their having Discharged the Trust in them Reposed, with great Exactness, Care, Fidelity, and Candor. There_upon,

The Lord Chancellor addressing himself to the Lords of the said Committee, (viz. Duke of Montrose, Duke of Dorset, Earl of Lincoln, Earl of Scarborough, Earl of Islay, Lord Viscount Lonsdale, Lord Viscount Torrington, Lord Bishop of Sarum, Lord Bishop of Lincoln) gave them the Thanks of the House in the following Words:

My Lords who were of the Committee,

I Am commanded by the House to give your Lordships the Thanks of this House, for your having discharged the Trust reposed in you, with great Exactness, Care, Fide_lity, and Candour.

My Lords,

The Trust was as great as ever was reposed by this House in any of its Members. The Subject Matter of your Inquiry, a Conspiracy the most Dangerous as well as Detestable, big with Mischiefs of all kinds, and destructive of every thing that is valuable amongst us; carried on and managed in a new devised Method, with the utmost Cunning as well as Wickedness, and covered with all the Disguises the most art_ful Dexterity could contrive: and which therefore required the greatest Penetration and Skill to lay open. And the Papers, some of them of such Nature, that it was thought fit to refer them to your Lordships, lock'd up as they were, without reading them in the House.

My Lords,

Your Lordships have fully answer'd the Expectations the House entertained, when they pitched upon you for this Trust.

Your Application in going thro' so many Papers of af_fected and studied Obscurity; your Candour and Exact_ness in Examining the Persons concern'd, or any way ca_pable of giving any Satisfaction, and in representing what they said; the Accuracy and Judgment of your Remarks; the Light you have so happily given to several Passages in the Report of the Committee of the Commons, which, tho' in themselves just, were yet liable to Cavils, by such as were loath to have the Truth found out, give, I dare say, a sensible Pleasure to every Lord here, that has heard your Report read, and finds himself thereby enabled to form a Judgment with so entire Satisfaction to himself, concerning this abominable Work of Darkness, which the Actors have endeavoured to surround with impenetrable Obscurity.

This noble Pleasure, of seeing the Truth, notwithstand_ing so many Contrivances to hide it, and of being thereby enabled to come to right Resolutions in a Matter of such Importance, has very naturally and agreeably broke out into so unanimous a Resolution of returning the Thanks of this House to your Lordships, to whom they so much owe it. And in Obedience to their Commands, I do, with par_ticular Pleasure, give your Lordships the Thanks of this House, for your having discharged the Trust in your Lordships reposed, with great Exactness, Care, Fidelity, and Candour. &horbar

ORdered, by the Lords Spiritual and Tem_poral in Parliament Assembled, that the said Report from the Committee, and the Appendix thereunto; together with the Resolution of this House upon Considera_tion of the said Report, and the Order for giving the Thanks of this House to the said Lords Committees, and the Thanks given by the Lord Chancellor to their Lordships pur_suant to the said Order, be printed and pub_lished; and that the Lord Chancellor do give Order for forthwith Printing and Publishing the same, and that no Person do presume to print the same but such as shall be appointed by his Lordship.

Wm. Cowper, Cler' Parliamentor' &horbar &horbar A REPORT FROM THE Lords Committees, to whom the Report and Original Papers delivered by the House of Commons at several Conferences, were referred; and who were impowered by the House of Lords to examine Christopher Layer, &c.

[N. B. The Numbers with Letters before them refer to the Appendix to the Re_port of the Committee of the House of Commons, and those without Letters refer to the Appendix to this Report.]

THE Committee to whom the Report and Original Papers relating to the Conspiracy, delivered by the House of Commons at several Conferences, were referred; and who were impowered by your Lordships to examine Christopher Layer, and such other Persons as they from time to time should think proper; having carefully compared the said Report with the Original Papers referred to them, and having examined several Persons in relation to the Treasonable Practices and Cor_respondences therein set forth, are fully satisfied and convinced, That a detestable and wicked Conspiracy has been formed and carried on for sol_liciting a Foreign Force to invade these Kingdoms, for raising a Rebellion and inciting Insurrections in London, and divers other Parts of Great Britain, and even for laying violent Hands on the Sacred Person of His Majesty, and on His Royal Highness the Prince of Wales, in order to destroy our Religion and Constitution, by placing a Popish Pretender on the Throne.

And the Lords Committees think themselves obliged in Justice to ob_serve, that the extraordinary Vigilance and Application which has been shewn by the House of Commons in detecting this Scene of Iniquity, and laying its most hidden Springs in so full and clear a Light, as it has greatly contributed to the Publick Safety, by opening the Eyes, and awakening the just Resentment of an injur'd Nation; so it cannot fail to excite a propor_tionable Zeal and Emulation in your Lordships, for concurring with that House in the no less necessary Work of bringing the Authors of these wicked Designs to such exemplary Punishment as may be a lasting Ad_monition to Posterity, that Artifice and Disguise can no more lessen the Danger, than mitigate the Guilt of Treason, and that they act under a fatal Delusion, who hope to abuse the Lenity of our Laws to the Ruin of our Constitution.

The Lords Committees think it a strong Confirmation of the Truth and Exactness of the said Report, that several material Observations which are there advanced as grounded on probable Conjectures only, have since been amply verified and supported by fresh Discoveries arising from the Papers lately referr'd to them by your Lordships; which Papers are contain'd in an Number'd from 1 to 48 Inclusive. Appendix annex'd to this Report.

The Intelligence sent by Colonel Stanhope, and Sir Anthony Westcombe, in Relation to the Pretender's Ships under Morgan, as well as the Explication given by the Committee of the House of Commons to several of the ficti_tious Names in the intercepted Correspondence, is very much illustrated and confirmed by Papers seized on Board the Revolution, and by the Exami_nations of some of the Prisoners belonging to that Ship.

It appears by 17--48. those Papers and Examinations, that Morgan, who went by the Name of Walton, and Gallwey (an Irish Roman Catholick) who went by the Name of Gardiner, with others acting under their Direction, have for several Years past been employ'd in fitting out Ships under English Colours, which were ready on all Occasions to attend the Motions of the Pretender, who in 19,20,21,25. several of the Letters is stiled their King, and their Royal Master. That the Money for these Ships was supply'd 23,29,31. partly by Persons in England, 17,21,22. partly by Waters the Banker at Paris, and 17. partly the late Duke of Ormonde; that one of these Ships, in the Year 1719, 36. was sent by Morgan to the Groyne, with an Express to fetch the late Duke of Or_monde to England; at which time it appears, 23. that Morgan and Gallwey were promis'd a Supply of Fifty Thousand Pounds from Friends in En_gland; that others of these Ships lay hovering about the Coast of Britanny, from the Year 1718, to 1721, 22,24,27,31,32,34. expecting to be employed either by Cane and Chivers (General Dillon) or 27,31,32. by Hore, (Sir Harry Goring) in what they call their Home Trade. That in the Year 1721, despairing of any Em_ployment of this kind, on account, as is express'd in 32. one of their Letters, of Hore and his Partners being Cowards in Trade, they engaged themselves in the Service 17. of the Swedish Madagascar Company, and in December 1721 rendezvouz'd in the Bay of Cadiz for this Purpose; but this Project like_wise failing, on account of some Deficiency on the Part of the Swedes, Morgan waited on the late Duke of Ormonde at Madrid, and was by him supplied with Twelve Thousand Pieces of Eight, for fitting out the Ships Lady Mary and Revolution 47,48. for the Pretender's Service; 17. soon after Morgan's Return to Cadiz, the Arms and Ammunition which had been prepared for the Madagascar Voyage, consisting of Two Thousand Muskets, Two Thousand Bayonets, One Thousand Carbines, Four Hundred Barrels of Powder, and a proportionable Quantity of Match, Flints, &c. were consign_ed to Morgan, and by him put on Board the Pretender's Ship, called the Lady Mary; and Morgan having embarked on Board the said Ship with several Irish Officers, set Sail from the Bay of Cadiz the latter End of April 1722, and went first 47,48. to Sancto Antonio, and then to Sancto Andero in the Bay of Biscay.

The Committee having sent for Mr. Gustavus B�hr, formerly a Captain in the Swedish Service, who being at Cadiz on account of the Madagascar Expedition, had Occasion to transact several Affairs with Morgan, and the other Officers of the Pretender's Ships, they were informed by him that the Arms above-mentioned were brought, part of them from Gottenburg, and part from Hamburg, by one of the Pretender's Ships, named the Fortune, commanded by one Butler. That two thousand of the said Arms be_longed to the Swedish Madagascar Company, and were delivered by him, B�hr, to Morgan.

That the Remainder, which belonged to Count Rhenstierna a Sweed, were also purchased by Morgan, but not till some Weeks after the first two thou_sand. That Morgan went to Madrid, and returned with twelve thousand Pieces of Eight in Bills and Money, which Sum, he, B�hr, saw in Mor_gan's Hands. That Baron Seebach, and one Osthoff (who are frequently mentioned in Morgan's Letters) as also Count Rhenstierna's Agent, who de_livered the Arms to Morgan, declared to him, B�hr, since his Return to Gottenburg, That Morgan was supplied with these twelve thousand Pieces of Eight from the late Duke of Ormonde, and that the Arms were paid for out of the said Money. And Morgan's Son being examined by the Committee, owned that his Father went at that time to Madrid, that the late Duke of Ormonde was then there, and that his Father did there receive Bills for fitting out the Ships, but from whom he cannot tell.

B�hr farther declared, That all the Swedish Officers at Cadiz looked on Morgan's Ships as belonging to the Pretender, and spoke of them in all Conversations as such, which was confirmed to him expresly by Baron Seebach and Osthoff; and one of the Sailors of the said Ships owned to the Committee, That they went from Port to Port without taking in any Cargo; That they had sometimes but sixty, and sometimes one hundred and thirty Men on board the Revolution, and often received Orders for Sail_ing with all possible Expedition, which Orders were afterwards counter_manded, without any apparent Reason for one or the other, and that this unaccountable Proceeding satisfied him, the said Ships were engaged in some unwarrantable Design. B�hr farther declared, That Osthoff told him, the Ship Revolution was at first purchased in England, for transporting the late King of Sweden in Person, in his projected Descent on Scotland; and that he, B�hr, saw the Name Carolus still standing in the Cabin of the said Ship, when he was last on board her. And Morgan's Son owned, That he had observed the Arms of the Crown of Sweden in the said Cabin, which he supposed were placed there as a Token that the said Ship was engaged in the Service of the Swedish Madagascar Company, tho' he owned that the other Ships engaged in the same Service had no such Token.

Some of the Particulars above-related, do very much explain and con_firm AA 5. O&horfill;'s Letters to L&horfill; of the 27th of April, as also AA. 4,6. those to Dunville and Dodsworth, in which it is said, That the Hopes of Remit_tances from Persons in England had induced O&horfill; to supply M&horfill; (which appears to be Morgan). That O&horfill; could depend on two thou_sand Arms from M&horfill; (which appear to be the two thousand Arms de_livered to Morgan by B�hr 17. before the Date of O&horfill;'s Letter. That M&horfill; had writ from C&horfill; (which appears to be Cadiz) that he could get more Arms if he had more Money; and accordingly the Committee find that a second Supply of Arms was purchased by Morgan from Count Rhen_stierna's Agent. O&horfill; in his AA. 5. Letter to L&horfill; dated the 27th of April, says; 'I have order'd M&horfill;'s Ship to come to A&horfill;,' and it 17. appears that Morgan did at that very time embark on board the Lady Mary, with the Arms above-mentioned, and 47,48. went first to Sancto Antonio, and soon after to Sancto Andero.

The Sailors on their Examination having mentioned one Hilton, as com_manding a Ship under Morgan, and the Committee finding a 27. Letter from Morgan, directed to Don Nicholas, which in a subsequent 28. Let_ter is mentioned to have been writ to the said Hilton, they thought it probable Hilton might be a fictitious Name for Nicholas Wogan, in the same manner as Walton was for Morgan, and Gardiner for Gallwey; having accordingly examined the Sailors as to this Particular, one of them said, he believed Hilton was a fictitious Name, and Morgan's Son owned that Hilton's true Name was Nicholas Wogan, and that he had been confined in England on account of the Preston Rebellion, as he was told by Nicholas Wogan, Jun. who went by the Name of Paterson: and one of the Sailors declared that the said Wogan, Sen. obtained the Command of one of the Ships under Morgan, after their Arrival in the Bay of Cadiz.

These Particulars agree with Glascock's E. 31. Letter to George Kelly of the 24th of April, O. S. in which he mentions Nicholas Wogan by the Name of Xoland, as being to have the Command of a Vessel at Cadiz, to Cruise against the Turks, or for other Views, on which he will not pretend to de_cide; and Kelly E. 35. answering this Letter, wishes Wogan's Chief may suc_ceed in his Journey. The same Particulars confirm Mr. Crawfurd's A. 30,31. Let_ters of the 18th and 25th of July, by which it appears, that the two Ni_cholas Wogan's were at that time come to Morlaix, expecting Morgan's Ships to follow them to that Port in order to their setting Sail for Eng_land; that the eldest of them was to have been Captain, and the other Lieu_tenant of one of those Ships, and that they owned the Project in Spain, by what they had learnt of it, was for the late Duke of Ormond to have landed in the West with Irish Officers and Arms.

On the 8th of June, N. S. Colonel Stanhope A. 15. writ Word that the late Duke of Ormonde was preparing to Embark with Arms and Officers for England. And your Committee find, that 47,48. about that time the Ship Re_volution set Sail from the Bay of Cadiz; That the Sailors knowing the Madagascar Voyage to be dropped, refused to do their Duty till they were satisfyed as to the Place they were designed for. That hereupon Gallwey assured them it was to Gibraltar, in order to clean the Ship; but having got them under Sail, and satisfyed them about their Wages, they proceeded to the Bay of Biscay; That they put in at Sancto Antonio to take Morgan on Board, and then joyned the Lady Mary at Sancto Andero. That upon their Arrival at this Place, the common Report on Shoar was, That the late Duke of Ormonde and four Companies of Soldiers were to be taken on board the Revolution; That Corn and Cattle were provided for the said Soldiers; and that the late Duke of Ormonde was within a short Day's Journey of Sancto Andero; That hereupon the first and second Mate of the said Ship, suspecting Gallwey to be engaged in some unwarrantable Design, agreed not to serve any longer, unless Gallwey would give them a Note under his Hand, that they were forced into the Service, and would also declare whither they were bound, and give them Security that they should not be employed in any other Voyage than such as he should de_clare to them; whereupon one of them was confined, and the other dis_countenanced by Gallwey.

But that Gallwey's real Expectations were to have come over with the late Duke of Ormonde, appears to the Committee most evident from the 39. Copy of a Letter of his, dated the 16th of June, the Day before he set Sail from Cadiz, in which are these Words, "I hope the &horfill; will sail To-morrow; your not repeating Orders and Advice concerning the Business in Hand gives me a thousand Apprehensions; God send our Bankers and the rest of our Friends are safe, and stand their Ground. I intend to Embark my-self on Board the &horfill; for fear my Dear Aunt should have any Occasion for Assistance, of whom I am so tender that I would not if possible have the Care of her put into any other Hands.

The Committee observe that the same Expression of My Aunt is used in the Letter to Dodsworth with such Circumstances as make it highly pro_bable that in that AA. 6. Letter, as well as this of Gallwey's, it denotes the late Duke of Ormonde. They likewise observe, that the Names of Manfield and Medley are used in Morgan's and Gallwey's Letters in such a Manner, as confirms those Names to mean the late Duke of Ormonde, agreeable to the Explication given them in the Report of the Committee of the House of Commons.

Gallwey in his 42. Letter of the 3d of November 1722, says, He has a couple of fine Grey-hounds, a Dog and a Bitch, for Mr. Freeman; the same Dogs are mentioned in 19. another Letter and in the 47,48 Depositions of two of the Sailors to have been a Present from the late Duke of Ormonde, to the Pretender; which confirms the Explication of the Name of Freeman, men_tioned in the said Report, to be true.

There was likewise seized on board the Revolution, a 26. Letter to Gall_wey, signed John Obrien, which appears to be in the same Hand-writing with the F. 14.28. Letters signed Gerrard and M. Digby taken among Mr. Dennis Kelly's Papers, and confirms Gerrard to mean Sir John Obrien, one of Dil_lon's Secretaries, agreeable to the Conjecture in the said Report.

Gallwey, in a 40. Letter dated from Alicant Bay, the 13th of September last, expresses his Concern for Kelly's Confinement, but hopes that is the worst that can befall him; and a 46. Letter in Kelly's Hand-writing signed Jo. Johnson, directed for Gardiner, but enclosing a Note for twenty Guineas payable to Gallwey, was found on board the Revolution, as also a Direction entred with Kelly's own Hand in a 45. Pocket-Book, supposed to belong to Morgan. Kelly in his Letter acknowledges the Receit of one from Sir John (which is probably their common Correspondent, Sir John Obrien) and says their Friends in Spain are well, as one of the Family writes him Word: which shews how extensive Kelly's Correspondencies were.

Gallwey in a 42. Letter from Genoa of the 3d of November, 1722, (which appears to have been writ to one of the Pretender's Family) says he has acted for many Months past under the Direction of Medley (Ormond) who, he makes no doubt, has mentioned him to Mr. Freeman (the Pretender); yet in his A. 45. Letter to Lord Carteret, after his Ship was taken, he has the As_surance to affirm that he never saw the late Duke of Ormond since he left England, nor ever corresponded directly or indirectly with him or the Pre_tender, or any of their Adherents at home or abroad, but was always zea_lously well affected to His Present Majesty and our happy Establish_ment.

Gustavus B�hr abovementioned 17. deposes among other Particulars that he has been informed the Pretender's Agents had Arms for three thousand Men, lodged at a House belonging to the late Duke of Ormond, near Morlaix in Britanny; which Port the Committee observe was one of the usual Stations of the Pretender's Ships under Morgan; and it appears pro_bable that these three thousand Arms made part of the ten thousand men_tioned in O&horfill;'s AA. 5. Letter to L&horfill; as provided by D&horfill;, who is supposed to be Dillon.

Robert Franklyn, second Mate of the Ship Revolution, 48. deposes, that Letters directed to John or James Jacobs, at Genoa, were taken up at the Post-house by Gallwey. The Committee observe, that Jones in his D. 10. Let_ter to Chivers, mentions his having communicated the Copies of Mansfield's and Jacobs's Letters; and Glascock in his E. 37. Letter to George Kelly of the first of May, says; "He hopes Money is sent to pay for the Barrels, which Jacobs has at his Disposal:" In both which Places it is probable that Ja_cobs means Gallwey; and that Barrels mean Stands of Arms, is confirmed by a 27. Letter of Morgan's, in which speaking of that very Ship that brought the Arms above-mentioned from Gottenburg and Hamburg to Cadiz, he says, "She had received Orders for taking in nineteen Barrels, with every thing necessary to make use of them:" Which last Words seem to refer to the Bayonets, Flints and Powder. A. 9. The Intelligence sent by Mr. Crawfurd, on the 27th of May, That Gordon of Boulogne was to have a Ship ready to transport some of the Chiefs of the Conspiracy to England, is confirmed by the Deposition of Roger Garth (already published) who de_clares, "That the said Gordon (whom he had good Reason to believe to be an Agent of the Pretender's) did some time last Summer endeavour to en_gage him to ply off of that Station with his Sloop, in order to carry over such Persons as he the said Gordon should recommend to him, pro_mising him that he should have Employment enough.

The Lords Committees conceive, that the several Particulars above re_lated, will appear to the House very much to corroborate the Accounts received from Abroad of Ships provided for transporting the late Duke of Ormond to England, with Arms and Officers, the beginning of last Summer; and that they also confirm the Decyphering of the Letters, and Expli_cation of the Names, contained in the Report of the Committee of the House of Commons.

The Lords Committees observing that some Paragraphs of the Letters referr'd to them were writ originally in Cypher, thought it proper to call the Decypherers before them, in order to their being satisfied of the Truth of the Decyphering. The Account they receiv'd from those Persons, was, that they have long been versed in this Science, and are ready to produce Witnesses of undoubted Reputation, who have framed Letters in Cy_pher, on purpose to put them to a Tryal, and have constantly found their decyphering to agree with the Original Keys which had been concealed from them; it was likewise confirmed to the Committee, that Letters decyphered by one or other of them in England, had exactly agreed with the decyphering of the same Letters performed by Persons in foreign Parts, with whom they could have no Communication; and that in some In_stances after they had decyphered Letters for the Government, the Keys of those Cyphers had been seized, and upon comparing them, had agreed ex_actly with their decyphering.

With respect to the intercepted Letters in Question, they alledged that in the Cypher used by George Kelly, they find the Words ranged in an alphabetical Order, answering the progressive Order of the Figures by which they are expressed, so that the farther the initial Letter of any Word is removed from the Letter A, the higher the Number is by which such Word is denoted; that the same Word will be found to be constantly denoted by one and the same Figure, except in the Case of Particles or Words of very frequent Use, which have two or three Figures assign'd to them, but those always following one the other in a progressive Order. They likewise set forth, that in the Cypher above-mention'd a certain Order is constantly observed as to the placing of the Words made use of, that under each Letter of the Alphabet the first Cyphers are allotted to the proper Names of Places, the next to the proper Names or Titles of Persons, the next to whole Words in common Use, and the last to denote single Letters.

As to the Truth of the Decyphering, they alledged that several Let_ters written in this Cypher had been decyphered by them separately, one being many Miles distant in the Country, and the other in Town, and yet their decyphering agreed; that Facts unknown to them and the Govern_ment at the time of their decyphering had been verified in every Cir_cumstance by subsequent Discoveries, as particularly that of H&horfill;'s Ship coming in Ballast to fetch O&horfill; to England, which had been so decy_phered by them two Months before the Government had the least notice of Halstead's having left England: That a Supplement to this Cypher ha_ving been found among Dennis Kelly's Papers the latter end of July, agreed with the Key they had formed of that Cypher the April before: That the decyphering of the Letters signed Jones, Illington, and 1378, being afterwards applied by them to others written in the same Cypher, did im_mediately make pertinent Sense, and such as had an evident Connexion and Coherence with the Parts of those Letters that were out of Cypher, tho' the Words in Cypher were repeated in different Paragraphs and dif_ferently combined. And they insist that these several Particulars duely weighed amount to a Demonstration of the Truth of their decyphering.

As to the other Cyphers made use of by Jernegan, Stanley, and Walter Grahame, they consist only of twenty four Figures , for the twenty four Letters of the Alphabet, and some other Figures for proper Names or whole Words, in the placing of which Names a certain Order is also ob_served.

These several Particulars they declared themselves ready to attest upon Oath, and to produce sufficient Witnesses to their Character and Integrity as well as their Skill.

The Committee being empowered by your Lordships to examine Chri_stopher Layer, did accordingly spend some time in the said Examination, which produced a tedious Repetition of the Particulars contained in his Ex_amination before the Committee of the House of Commons, and some few Circumstances which they found he had recollected by reading the printed Report and Appendix.

All that he confessed to them which is new, was, that he did before his setting out for Rome acquaint Plunket with his Intentions of carrying over a Note of the Names of the Tory Gentlemen of Norfolk, if Plunket thought it would be acceptable; that during his Stay at Rome, Sir William Ellis told him, that he had formerly corresponded with Plunket at the Request of the Lady Middleton, but that he had not for some time past corresponded with Plunket, or any one else, in relation to the Pretender's Affairs; for that from the time of the Action at Dumblain so many Scottish Noblemen and Gentlemen had come over to the Pretender, that he and all the rest of the old Servants had been forbid all Correspondence in England, or elsewhere. Upon Layer's desiring leave to correspond with him if it were practicable, he told Layer, that on Condition he would promise to write nothing but what might be shewn to the Pretender himself, he would settle a Corre_spondence with him; for that tho' he had followed the Fortunes of the late King James and his Family, ever since the Revolution; and had always been faithful to the Pretender, and for many Years his Cashier, yet if any of the Scottish Gentlemen that were about the Pretender should know he received a Letter without communicating it to him, it would cost him his Place, and he should be in utter Disgrace: That Layer promising to write nothing but what might be shewn, Ellis gave him a Cypher of his own Hand-writing, as also another Cypher of cut Paper for carrying on the Corre_spondence; that he Layer likewise settled a Cypher of fictitious Names with Mrs. Hughes, Nurse to the Pretender's Child, and received a Letter from her in relation to the Christening of his Daughter. He would not own that he knew of any other Cypher, and persisted that Mrs. Kin_der meant the said Mrs. Hughes, tho' in Ellis's Cypher it stands for Mrs. Fox. He said that the Paper which he desired a Copy of from Sir William Ellis, and which is referred to in BY. 38. Ellis's Letter of the 30th of January, was a short Scheme relating to the Preston Affair shewn him by Ellis while he was at Rome, of which he remembers no other Particulars, but that Insurrections were to be begun in several Counties in a dark Night. That when he made Application to Plunket for the fictitious Names of Bur_ford, Steele, &c. he was forced to acquaint Plunket with his having settled a Correspondence with Ellis, which Plunket resented, and said he thought Ellis had been forbid all Correspondence with Persons here. That the Reason of his asking Plunket for a fictitious Name for Lord Orrery, was that he had occasion to mention to Ellis a Club which Plunket had often told him of; That Plunket once shewed him a List of this Club of his own Hand-writing, which he read over two or three times, but that Plunket talk_ed so inconsistently of them, that he Layer verily believes it was a mere Fi_ction of his own, and that there never was any such Club. That he Layer thinks Lord Orrery mentioned to him Lord Strafford, as one of those who, with Lord North, Sir Harry Goring, and others, were (as Lord Orrery was informed) going to do a rash thing in favour of the Pretender; but that he cannot be positive as to Lord Strafford. That he Layer wrote himself to the Pretender, concerning the Difference of Opinion which he observed in Lord North and Lord Orrery about the Means of restoring him and the Necessity there was that the Regent should permit General Dillon to come over here with some foreign Forces. That he also drew up a Scheme of a Lottery to have been opened here in favour of the Pretender, and en_closed the said Scheme in a Parcel with some Silk Stockings which he sent as a Present to the Pretender and his Spouse, by Andrew Haye, who travelled to Italy with Alderman Barber. That he delivered this Parcel to Haye with his own Hands, who promised to convey it to Ellis, and said he could do it with Safety. That Haye, as he believes, understood the Stockings to be for the Pretender and his Spouse; That he likewise had some Discourse with Haye about getting Copper Plates engraved at Rome in Eng_lish and Italian for the Tickets of the said Lottery, and desired him to re_ceive Sir William Ellis's Directions about it, which Haye promised to do. That while he Layer was at Rome, Haye asked him whether he would not see the King, meaning the Pretender; and that the said Haye went fre_quently to the Pretender's Family in the way of his Business, and was, as he believes, present while the Pretender's and his Spouse's Pictures were drawn.

Haye being examined by the Committee, owned the Receit of the Stockings, but denied their being delivered to him by Layer, or that he knew who they were for. He likewise owned the carrying a Packet to Belloni, the Banker at Rome, which was brought to him by a Porter from Layer, as he supposed.

Layer owns, that Haye told him Belloni was the Pretender's Banker, but denies his sending any such Packet by Haye; and in several other Particu_lars of their Examinations they contradicted each other.

1. A Scheme of the Lottery above-mentioned (for raising 225,000 Pounds Sterling) having been found among the Papers of Walter Jefferyes, now in Custody, the Lords Committees thought proper to examine him now he came by it; he owned his being acquainted with Layer and Plunket, that he saw Layer about the time of his going abroad, and helped him to a Bill on a Banker at Antwerp; but he denied his knowing from whom he received the said Scheme, or his having had any Conversation with any one about it, and said it might be put into his Hands by Plunket, for ought he knew, but that he was not sure he had ever read it, and if he had known such a Paper had been in his Custody he should have destroyed it.

The Lords Committees being informed that Layer, between the time of his delivering the larger and lesser Bundle of Papers to Mrs. Mason, had deliver'd to her a large Parcel covered with blue Paper and sealed in several Places, and that he did within a few Days after take it back again, telling her he wanted to carry it to Lord North and Grey's, they examined Layer particularly on this head, but he denied that he ever delivered her any such Bundle.

The Lords Committees next proceeded to the Examination of John Plunket, who began with large Protestations of his Innocence, and offered of himself to account for three Facts charged upon him in the Report, and to shew they were great Mistakes. The first was, his receiving a Let_ter from George Kelly; the second, his receiving the Letter at Antwerp, signed Dixwell; and the third, his receiving the Letter from the Pretender, taken at Mrs. Creagh's. And as in his Examination before the Committee of the House of Commons he had fallen on the Expedient of substitu_ting Hugh Thomas to personate Rogers, so now they found he had fur_nished himself with three different Persons, at different Places, all of the Name of Plunket, to whom he would have it believed these Letters were written, without offering any the least Proof or Circumstance of Pro_bability to shew that such Persons were at all concerned in those Letters, or that there ever were any such Persons in being.

The Letter from George Kelly, he said was not writ to him, but to one Harry Plunket, who delivered it to him at Will's Coffee-House, Covent_Garden, and that it related to some Money that was to be raised on a Secu_rity of Mrs. Barnes's.

As to the Letter signed Dixwell, he said, there were two Clergymen of the Church of Rome, one or both of which travelled with him and Layer, from Dover to Antwerp; that one of them went by the Name of Loyd, but his real Name was Plunket. That this Man dropped the Letter signed Dixwell, at a Coffee-House, and he John Plunket taking it up with a design of restoring it to him in Lorrain, (to which place sometimes one and some_times both of these Clergymen were gone) shewed it to Layer, who took it into his Head that this Letter had been writ to him John Plunket.

The Letter from the Pretender, he said, fell into his Hands much in the same manner; that there is one Father Plunket at Rome, to whom the Pretender always writes when any Body is to be introduced to him. Being asked whether Father Plunket travelled with Layer to Rome, (because mention is made in the Pretender's Letter of a Companion of Plunket's) he said the Pretender always called the Person that was to be introduced by Father Plunket, his Companion. That this Father Plunket happening to shew him this Letter, and commending the Hand , he John Plunket said he had a Friend at Rome, that would be glad to see the Pretender's Hand writing. And Father Plunket having accordingly left the Letter with him, he shewed it to Layer, and forgot to return it to Father Plun_ket, who never called for it, having fifty more Letters of the same kind by him.

Upon the Lords Committees asking him whether he went by the Name of Rogers, he said he went by several Names in his Travels, that he might not be imposed upon in his Reckonings, as the English generally are. Being asked whether he took the Name of Rogers to prevent his be_ing thought an Englishman, he said that in Italy he was called Ro_gieri.

They farther asked him, whether he had dictated any fictitious Names to Layer, or had mentioned any thing to him of a Club; to which he answered, that he had given Layer the fictitious Name of Bedford or Bur_ford, for Lord Orrery, which Name he had from Neynoe. That one Night being in Company with Layer, and some Clergymen whose Names he has forgot, the Discourse turning on the Protests of the Lords, and the Names that were subscribed to them, one of the Company said, These are a Loyal Club; another said, They are Jacobites; and that he Plunket said there was a Loyal Club of eighty or ninety Lords who would stand in Defence of their Country.

He farther observed to the Committee, that in the Bill now depending before your Lordships, he is not mentioned by the Name by which he was baptized and confirmed; he said his Sirname was Plucknet, but his Christian Name he declined telling; and seemed to place some Hopes and Confi_dence in this Subterfuge.

The Committee finding him trifle with them in this egregious manner, asked him in general, whether he had ever been in Conference with the Pretender, or had corresponded with him, or any of his Agents; to which he answered in the Negative.

The Committee next sent for George Kelly, who told them that the Af_fair being soon to be brought before your Lordships, he desired to be excused from answering any Questions; so that they had no Opportunity of examining him as to the new Matters alledged against him in the De_positions of Mr. Philip Caryll and others.

However they thought it proper to send for the said Mr. Caryll, and to ask him whether he had any thing to add to or retract from his former Accounts. His Depositions being read over to him, he expressed himself very Angry and Uneasy at their being made Publick, and told the Com_mittee he was not disposed to answer any farther Questions, being sorry for what he had said already; he likewise insinuated, that what he had said had not been taken down exactly as he dictated it, and seemed appre_hensive that he was called upon to accuse himself of Matters that might be prejudicial to him. But upon the Committee's telling him that the most effectual way he could take to do himself Service, was to make a candid and ingenuous Discovery of the whole Truth, he said he had already given a candid Account, and hoped he should not have been a Sufferer for his Candour. Being asked whether his Depositions had not been read over to him before he signed them, he said they were; but that he was in a great Confusion at the time they were taken: Being then required by the Committee to read them over himself, and to shew in what Particulars they vary from his Sense and Meaning, he grew more composed; and ha_ving read over the first, dated the 27th of March, said, he believed it was right enough; in reading over the second (dated the 29th of March) he said it was not strictly true that Sir Harry Goring had told him what is there related, concerning an Invasion, Commission, &c. but that it was true, he had heard Sir Harry Goring say so; that as to Lord Lansdown's being to Land in the West, he could not be positive, but he thinks Sir Harry Go_ring said so; he said, it was but a Supposition of his own, that the Discourse which occasioned the Bishop of Rochester's taking Sir Harry Goring by the Collar, related to the Pretender's Affairs; but that he remembers very well, Sir Harry Goring did affirm, that on his saying the Words there re_cited, this is Rocking the Cradle indeed) the Bishop did take him by the Collar, and that he, Caryll, did Apprehend the said Discourse to have Relation to the Pretender's Affairs. He said it was about two Years ago that being at Sir Harry Goring's he saw a Letter lye on his Scrutore, directed to Mr. Hore, and upon his asking Sir Harry who the said Letter was for, Sir Harry told him it was writ to himself; he said that the Words in his Deposition which Import, that he, Caryll, had Reason to believe Kelly and Sir Harry Goring were settling together a Key at his House at North, by which they might Correspond, are too strong; for that he, Caryll, did not see any such Key, only it was his Suspicion and Thought at that time that they were framing such a Key.

He likewise said, that what relates to Boyce in the said Deposition is rather stronger than he meant it, for that Boyce only told him he was afraid the Servant he Caryll had sent to him to help off was Sample, alledging this Reason, that he had observed he was disguised, and that he was afraid he was somewhat like the Description given of Sample in the Proclamation. All the other Particulars of his Depositions he averred to be true, but said, he had nothing farther to add, and that he would rather a thousand times die in Newgate, than be an Evidence.

Boyce, being examined by the Committee, owned that Sir Harry Goring went to France in his Yatch, and that a Servant went over with him in a Black Whig, whom he had never seen with Sir Harry Goring before; but he utterly denyed his having conveyed over any Person sent to him by Mr. Caryll, or his having had any Discourse with Caryll about any Per_son's answering the Description of Sample.

The Committee having summoned before them William Beasing, of Horn Dean, and having read to him his former Depositions, find that he retracts what he had there deposed on Oath, ofCaryll and Sir Harry Gorring's being in Company at his House with the Person who had but one Hand; he says, such a Person was at his House with two other Gentle_men, but that he now recollects Caryll and Sir Harry Goring were not there at that time. Being asked whether he had received any Letter or Message, since his being in Custody, which had helped to set him right in this Particular, he answered in the Negative.

The Committee observe from the Parts of Mr. Caryll's Depositions which he affirmed, that the Explication given to the Name of Hore, in the Report of the Committee of the House of Commons, as also the De_cyphering of that part of Kelly's E. 35. Letter which mentions Hore's Com_mission, and the Conjecture of Goring's having carried over a new Cypher from Kelly to France, are very much confirmed. They likewise ob_serve that what is said in Glascock's E. 79. Letter to Kelley of the 20/31 of October, concerning the Arrival of the little French Merchant, mentioned by Kel_ly, and the Precaution they intend to use in relation to him till some other appears with whom they may talk of Business more to the Purpose, has probably relation to Sample's being got safe to France. And the Letters signed Fra. Phillips, which Caryll owns he received from Kelly, not not only confirms Kelly's writing by fictitious Names, but is a strong Argument of his being the Person that writ the E. 75. Letter to Bonnaville of the 27th of September, and consequently the other Letters charged upon him, in the Report. For as in his Letter to Caryll, he says: "I have never heard a Syllable from your other Lawyer, (Sir Harry Goring) since you and I were with him, which you'll say is pretty surprizing and am afraid very Detrimental. &horfill; so in that to Bonnaville (writ within five Days of the other) he says, I have not heard a Syllable from D. Gainer, or G. Roberts, since Mr. G. Sampson went, which has been a great Surprize, and I may say no small Detriment, to some of their Friends."

This Identity of Expression, in two Letters writ so near the same time, appears to be a farther Confirmation that the same Person writ them both, and confirms G. Sampson to be the same with the other Lawyer, which Caryll has explained to mean Sir Harry Goring.

The Lords Committees also find in the Papers referred to them new Evi_dence of Kelly's visiting, writing to and receiving Letters from the Bishop of Rochester, as appears by 13,14. Affidavits from the Persons who carryed Kelly to the Bishop's House, and who also delivered Letters from him to the Bishop, and brought back the Bishop's Answers; and Mrs. Levett 11. deposes on Oath, that Mrs. Barnes has told her Kelly received in one Day as many Letters from abroad as came to fourteen or fifteen Shillings, the Directions of which she Barnes saw, but they were in such odd fictitious Names, as no one could find out but Kelly, who had the Key; that among these Letters there was one for the Bishop of Rochester, (as Kelly told her) which he was at that time, gone to deliver to the Bishop. And John Malone 12. deposes, that among the Letters which he carryed from Kelly to the Post, there were some directed to Waters the Banker at Paris, under whose Cover it appears that most of the Treasonable Letters were sent, and the original E. 21. Letter in Kelly's own Hand stopt at the Post-Office was inclosed in a Cover so directed. Mrs. Levett farther 11. deposes, that Mrs. Barnes told her, under Secrecy, that the Dog sent from France was a Present from the late Lord Marr, to the Bishop of Rochester's Lady; which is in some mea_sure confirmed by the Draught of the Affidavit prepared for Birming_ham at Paris, in which he is desired to swear that Lord Marr knew nothing of any such Dog; and though this Affidavit does not appear to have been sent over by Kelly directly, yet express Mention is made in the Letter to Gordon, that the said Affidavit is the Copy of a Note from the Person concerned, with the Substance of what he thinks requisite. This Circumstance of the Dog's having been sent by the late Lord Marr, which is not expresly alledged in any part of the Report of the Com_mittee of the House of Commons, is a new Confirmation that the E. 32. Letter signed 918, which mentions the sending the Dog, is from Marr; and that Musgrave, to whom the Receipt of the Dog is acknowledged in E. 35,42. two several Letters, is likewise a Name denoting Marr, agreeably to what is asserted in the said Report.

The Committee find by 15,16. two Affidavits referred to them, that George Kelly, the last time he was taken into Custody, offered the Woman of the House a Gold Watch, forty Guineas in Money, and a Note for forty Pounds more, to let him escape.

The Committee have laid the Substance of these several Examinations together, as having some Reference to George Kelly.

They likewise examined Mr. Dennis Kelly, who utterly denied his be_ing advised with, or knowing any thing relating to any Conspiracy. Se_veral Papers found in his Custody being shewn to him, he denied his having ever seen them before, except when some of them were shewn to him at former Examinations.

They next sent for Captain Pancier, and having ordered his D. 1,2. former De_positions to be read to him, ask'd him whether he had any thing to Add, or Retract; he affirmed every Part thereof to be true, and said he had only this farther Particular to add, That having lately seen George Kelly, as he was brought down to the House of Commons, he recollects that he has of_ten seen him at the Gaming-Tables with Skeene, and that Skeene and the said Kelly were intimately accquainted, as he is able to prove by several Wit_nesses of Credit. Skeene being call'd in, and having heard Pancier's Depositi_ons read over to him, own'd, That he was acquainted with Pancier, and had been in Company with him at several of the Times and Places menti_on'd in the said Depositions; That he was taken Prisoner in the Preston Rebellion, but is not related to Marr, nor has ever seen Mackintosh since he parted from him at High-gate: He own'd he had had general Discourse with Pancier relating to a Plot, and that Pancier had ask'd him several Questi_ons about it, to some of which he (Skeene) assented, and to others not; but he deny'd his having told Pancier any farther Particulars than were in the News Papers, or in the Current Report of the Town. As for Instance, when Pancier asked him where the late Duke of Ormond was, he told him the News-Papers said he was at Corunna; but he positively de_nied his having ever mentioned to Pancier any Particular Persons as con_cerned in the Conspiracy, or any of the Particular Facts specified in his Depositions.

He farther said, he had reason to believe that Pancier had sent to him since his being in Custody, to advise him to make his Escape, for that one Gerrard Fitzgerald having been walking with Pancier in the Park, came di_rectly from thence to him, Skeene, at the Messenger's House, and advised him to make his Escape; tho' he owned that Fitzgerald made no mention of Pancier's having sent him any such Advice.

Fitzgerald being sent for by the Committee, owned he had been to see Skeene, and finding no body at that time in the House but a Woman, told Skeene it would be an easy Matter for him to escape; but he cleared Pan_cier from having sent any such Intimation or Advice. He farther said, that Skeene told him he did not know but he might have talk'd foolishly to Pancier, but that if he had, Pancier was but a single Evidence, or to that effect.

The Committee find, among the Papers referred to them, a 7. Copy of the Orders which Arnold received from the Owners of the Ship Phineas, requiring him to follow the Directions of Roger Nowell (Halstead) during the Voyage; as also an 8. Affidavit, by which it appears, That the said Halstead was to visit the Bishop of Rochester, and staid an Hour at his House, a few Days before his setting out for Bilboa.

They also find a very remarkable 6. Letter to one of the Secretaries of State, by an unknown Hand, dated the 12th of February, 1721-22, and inclosed in 5. one, dated the 31st of March; which first appears to be the Letter referred to in E. 9. one of Neynoe's Examinations, as drawn up by Kelly and himself, and brought back to him corrected, as he believ'd, by the Bishop of Rochester.

They likewise find a 2. Paper taken in Lord North and Grey's Study at Catlige, which contains several very extraordinary Reasonings on the Nature of Oaths; tending to prove, That the Oaths to the present Government are not Obligatory, and that tho' the taking such Oaths is in its self un_lawful, and a grievous Sin, as being inconsistent with Prior Oaths, or Obligations, yet neither the taking nor breaking them can in strictness fall un_der the Denomination of Perjury.

This is the Substance of what the Committee have been able to collect from a careful Perusal of the Papers referred to them and a long Exami_nation of several of the Persons concerned, in some of whose Power they have Reason to believe it was to have made ample Discoveries, if they had been disposed to speak the Truth.

And tho' the Lords Committees cannot reflect, without Pity and Com_passion, on the misguided Zeal, and wretched Infatuation of those Men, who rather chuse to expose themselves to the greatest Dangers, than to discover the Authors or Accomplices of their Treasons; thereby declaring to the World, that the Leagues and Confederacies of private Villany are dearer and more sacred to them than the strongest Tyes and Obligations of Society; yet the Committee make no doubt but the Matters contained in the Report referred to them, and corroberated by the Result of their pre_sent Enquiry, will appear to your Lordships so clearly made out, that the Conspirators, sooner or later, will have leisure to repent of the rash and impious Choice they have made, of being rather true to one another, than to God, their Consciences, and their Country.

FINIS. |CLA |Y1732 THE Rights and Liberties OF SUBJECTS Vindicated: IN ANSWER TO THE Adjuster of the Dispute About the PROPER TIME of Applying for a Repeal of the Corporation and Test Acts. &horbar attingo; sed nisi tacta tractataque sanari non possunt. Liv. &horbar LONDON: Printed for J. Roberts, near the Oxford-Arms, in Warwick-lane 1732. Price Four Pence. THE Rights and Liberties OF SUBJECTS Vindicated.

THAT Happiness is infi_nitely preferable to Misery, is a Truth, which every intelligent Being will al_low, and every good Be_ing will prove by Action. However differently Men may conceive about other Things, in this they will all unanimously agree, as a Point that ad_mits of no Debate. The various Methods they take to procure Pleasure demonstrably shew they love it above Pain. And though they may mistake in their Choice of Objects, yet none choose the latter for its own Sake.

For this Reason it is, that God be_ing infinitely Wise and Good, and uncapable of erring in his Judgment of Things, could form Mankind for Happiness only; and could have no other View in creating them, than to diffuse Bounty and Goodness among them, and communicate such a Va_riety of Pleasures, as might be suita_ble to their compound Nature. To say that he formed any of them for Misery, is to say he is neither Bene_volent nor Wise, since that of itself, could answer no wise End. Or to af_firm that he works upon them like Machines, and determines them always in their Choice of Things, is to deny they are indued with Reason or Un_derstanding, or subject either to Re_wards or Punishments.

That there can be no true Happiness but in the Way of Liberty, is a Truth, I believe, next to Demonstration. And that there can be no Liberty without Free-agency, is as certain and evident, as that Liberty is Freedom. The Plea_sure we receive from external Objects, must be suited to the Appetite we in_tend to gratify. And that which re_sults from the Actions of our Lives, whenever we would have it intense or durable, must be supposed adapted to our reasonable Faculties, and to spring from a Consciousness of having done well. But, if we had no Liberty to choose in either respect, we could have no Relish of Pleasure or Happi_ness.

Upon these Accounts the Divine Being, through his innate Wisdom and Goodness, formed Mankind naturally free, that they might perceive the Dif_ference between Good and Evil; and that the Happiness he designed them, here and hereafter, might, in some Measure, depend upon the right Exer_cise of their Faculties, and the wise Choice they made of such Objects, as they might be conversant among. And therefore as he formed them after such a Manner, they must all have a natural Claim to Liberty, an equal Right to persue Happiness, and to take such Methods for the Security of both, as in their own Nature are equitable and just.

Hence it is, that they being sensible of this Truth, and knowing the kind Intentions of the Deity concerning them, have commonly formed them_selves into Civil Societies, that they might secure the Privileges of their Free-born Nature, from all Attempts that might be made to Invade them. And knowing that these might be im_proved to Advantage, have generally elected some proper Person or Persons, to whom they commit the Government of their Affairs; whom they intrust with their common Power, and sup_port out of their common Expences, for their general Advantage and Wel_fare.

Every Society thus formed, is to be considered as a Body Politick, wherein all the Members are to consult the Good of the Whole, and not do any thing might damage any Part, how_ever it might tend to their own private Benefit. And as each one may be supposed to have a Share in the Choice of such Person or Persons as by publick Consent are authorized to Govern; as he trusts them with his Power, and contributes to their Sup_port; he has, in Consequence of that, while he behaves well, a Claim not on_ly to Protection and Defence, and to be secured from Injury, Violence and Oppression; but also to partake of all such Advantages, as accrue from the Government so erected and maintain_ed; and as are common to others of the same Society. Nor is there any thing, but an Evidence of an injuri_ous Behaviour, can cut him off from it, or, justly deprive him of it.

Mean time we are not to imagine, that every individual Person, who is a Member of the Community, and a Good Subject, must be preferr'd to Posts of Honour or Profit, or intrust_ed with the ordering of publick Affairs; for that, in the Nature of Things, is not possible; or if it were it might sometimes be imprudent, since Honesty alone is not a sufficient Qualification; and since it is not material to a So_ciety, whether a Man through Indolence or Design mismanages a Trust, providing in Reality he does not ma_nage it. That there should be some inferiour Stations in Life, is as reason_able and fit, as there should be others superiour. Persons in both need each others Assistance; and their Interests ought not to be looked upon as opposite. And, as Government is necessary to the Welfare of a People, it is requi_site there be different Classes of supreme and subordinate Rulers in it, for the better accomplishing the Designs of it, and facilitating the Management of publick Affairs, which, otherwise, could not be done to Advantage. But all cannot be Magistrates; nor ad_vanced to Offices of Dignity and Ho_nour. To suppose such a thing would be as absurd, as to expect or look for it, would be ridiculous, The Princi_ple, then, which I have laid down, will not, I believe, be understood in such a large and unlimited Sense, as if every Citizen or Member of a So_ciety, who behaves well or does the Duty of a Subject, should, for that ve_ry Reason, be preferred or advanced. But only, that no one in it, who answers this Character, whose Capacity is equal to his Neighbour's, and who is well qualified for serving his King and Country, should be debarred or excluded from it, for his Religious Sentiments, unless they are dangerous to the Publick Welfare: But he ought to have an equal Chance with others, as he stands upon the same Founda_tions of Claims.

The Rights of Subjects to their temporal Interests are natural, be_cause the Lord of Nature allows them. And their Rights to those which are spiritual, are natural, because the same Indulgent Parent grants them. Neither of them owe their Original to the Decisions of the Majority; be_cause Nature is prior to any Civil Con_stitution, and Men are first in their natural Capacity, before they incor_porate in Neighbourhood and Com_merce, or form any Scheme of Go_vernment among them.

The Primary Design of Authority and Laws, is to maintain the Privileges of the Society, who associate on the Foundation of natural Equality; and either to advance each Member to, or secure him in the Possession of his Rights. So that if any Person invades another's Property, whether by Ra_pine or Violence, Oppresion or Fraud, or by any other unwarrantable Me_thods; the same Authority can punish him for it: And this very Punishment is founded in Justice; as 'tis intended to secure the Happiness of the whole Body, which all it's good Members have a natural Claim to, and for the Preservation of which they unite their respective Interests. But the Rights themselves are centred in E_quity (which is an independent thing,) and can only receive a Sanction from the Civil Power, so far as they appear to be valid in themselves. And with_out this Concession, it would neces_sarily follow, either that no Laws or Statutes could be just, though they might bear the Stamp of Authority; or else, that all enacted by a former Authority, be they ever so pernicious in their Nature and Tendency, should be looked upon as sacred and immu_table, and incapable of being repeal_ed by a subsequent Legislature. Both which would not only reflect upon the best Government in the World; but would also so limit them in the Exercise of their Power, that they could not employ it for the Publick Good.

Hence it follows, that Government is not (as the Author of The Dispute Adjusted, foolishly asserts) founded on the Abridgment of natural Rights, but upon these considered in their full Extent, it being the Right of every good Subject to bear a Part in erecting it; as he discovers no Designs, and maintains no Principles that are de_structive to the Society. Whereas if any one discovers such Designs, or maintains such Principles, or gives Oc_casion to suspect his Capacity for Ser_vice, he cannot possibly have any such natural Right, but is cut off from it by the Laws of Equity, and therefore may be incapacitated by the Laws of the Community. And this is the Reason why a Papist is disabled from enjoying such Privileges as are common to o_thers. It is not merely because he is not a Churchman, but because his Prin_ciples make him a professed Enemy to the Society, and prove him no Subject, but rather a Rebel. And therefore as he has no Claim to a Subject's Right, it is just in the Law to deny it him un_til his changing his Principles entitles him to it. And this is the Reason too, why some Protestants, are disqualified for being Representatives of their Country. It is not, sure, because they are Protestants, but because their low Circumstances incapacitate them for Service, and render them obnoxious to Bribery and Corruption, and liable to betray, or at least to mismanage a Trust, which they have no Right to dispose of as they please, when it might vast_ly prejudice those they would represent. And therefore they are cut off by the Law of Equity, which the Civil Pow_er might inforce by Authority. Nor is there any Abridgment of natural Rights in either of these. Much less are they Cases in the least parallel to what the Adjuster compares them, as any un_prejudiced Person will easily perceive. For the not receiving the Sacrament in the Church, cannot incapacitate any Man from serving his Country; nor deprive him of any natural Right. Whereas either his being a Papist, or being in low Circumstances, may unfit him for several Offices or Posts, and cut him off from any Claim to them, until he is possessed of such Qualifica_tions as in the Nature of Things put him into a Capacity of managing them.

I must assure this Author (who ap_pear to be a Papist, or something worse) that on these Principles, which I have advanced, our present Constitution is entirely founded, is built as on the firmest Basis, and rests as safe as it is happy and glorious.

To these (maintain'd under God) are owing our Prosperity and Free_dom, and all the Advantages we en_joy beyond other Nations, which make us the Envy of all Europe, and a Terror to the whole World about us.

Nay, to these (asserted by brave and magnanimous Heroes) not only our own publick and private Felicity is to be attributed; but that also which the World partakes of. All it's Inha_bitants taste the Fruits of our Liber_ty, subsist, in some measure, by our extensive Freedom, which we im_prove into Principles of Generosity and Benevolence, and diffuse among them with a bounteous Hand.

And, therefore, I think we may justly infer, (let the Adjuster think what he pleases) that, if ever there should be a Change of Government, and the Papists should gain the Ma_stery over us, obliging us to unreaso_nable Terms of Communion, as a Test of Orthodoxy, or a Civil Qua_lification, without complying where_with we must forfeit our Immunities, and be looked upon as having no Claim to them; their Methods of treating us would be very unfair, and contrary to all the Rules of Justice. And,

Yet, if ever they got uppermost they would undoubtedly take such Methods with us, make a Monopoly of Common Rights, and confine them wholly to their own Party, because they reckon themselves the Church. Now would not this be very unreaso_nable in them and contrary to every Thing that is Civil or Humane? Most certainly it would. For why should they imagine that we must think or believe just as they do, or that our Principles should exactly chime with theirs? There is no Reason, sure, to expect it from us. Nor can any of them, even the Pope himself, have a Right to demand it. Our Under_standings are as much our Property as our Estates; and they might as well pretend to deprive us of the Use of the latter, as of the former. And therefore their proposing publick Or_der and Peace, and the Advancement of Religion in their National Church, could never justify them in establish_ing it, upon Terms which would de_stroy our proper Privileges; because these can no more depend upon a Conformity of our Sentiments (while they are innocent) to those of a Ma_jority or a Party, than they can upon the Resemblance of our Faces, or the Similarity of our Noses with their's. This the Adjuster might easily see, if he regarded any thing that is just or honourable.

As every Man receiv'd his Being from God, and was distinguish'd by him from the brutal World, he's ac_countable to him for his whole Con_duct, and answerable to him alone for his Religion. Upon the good or bad Improvement he makes of his Facul_ties, his Happiness or Misery, hereaf_ter, must depend. And accordingly as he obeys the Voice of Reason and Conscience, so must it eternally fare with him. But as God alone will be his Judge; as future Happiness is of the highest Importance to him, and infinitly preferable to all temporal In_terests; therefore Religion must be his chief Concern, and shou'd be always allowed him as a Matter of free Choice; since it is as much his Claim, as any other thing he can, possibly, be inti_tled to, or possess'd of. And conse_quently it would be ungenerous, to say no worse, to force or even tempt him either to give up one right, or to de_prive him of another.

'Tis possible, they might tell us, that Religion ought to be their princi_pal care, the Church of God always protected, and the Laws of the Land on its Side, and in its Favour. And this is really no more than Truth, and what many of us would frankly allow. But certain it is, at the same time, that Persons of every Denomi_nation whatever, whether Christians or Infidels, who are sincere in their Sentiments, unbiass'd in their Judg_ments, and virtuous in their Practice, do all belong to the Church of God, and in some Sense might be said to be Believers. And my Reasons for this Assertion are, that they, who live up to this good Character, make the best Use of their own Understandings they can, which the Gospel was intended to bring them to, and which could be the only Design of any Revelation; and withall they act agreeably to their Belief of Things, which are the Terms of Acceptance required in the Gospel, and the only Qualification for the Di_vine Favour. And as the Scriptures allow a bare Belief to be of no Impor_tance, without a Conversation answer_able to it, therefore it must be a Man's Practice that chiefly recommends him. Consequently, every one who acts an honest Part, who rationally and impartially judges of Things, and lives a good Life, is equally with others in_titled to the Favour of God, since he believes all that any Being could re_quire of him.

Besides, the Church and Religion, in this Respect, are one, though Mens private Sentiments be ever so diffe_rent; since every Person acts accord_ing to his own Judgment, which could only be the Case, if all were of one Mind, or were ever so Unanimous in their Way of Thinking. And for these and other Reasons, that I could mention, it is strange and surprizing, methinks, that the Adjuster, and o_thers of the Papists who live among us, and have so great Opportunities of Improvement, should entertain so unworthy Notions of the Deity and Religion, as to imagine the Church is confined to a Party. What is this but making an Idol of Stone, and worshipping the Works of their own Hands? We are now, blessed be God, free from their Iron Yoke, not sub_ject to their Authority; but are esta_blished on Principles of genuine Li_berty, which makes us the Glory of the whole Universe, and our OEconomy to bear the nearest Resem_blance to Heaven's. Nor is there, scarce, any Thing wanting to com_plete our Felicity, but that which I shall now briefly mention, and which, if rectified, would perfectly finish it.

We have, for a considerable Time, even since the Twenty-fifth Year of King Charles II, been under Obliga_tions which tho' design'd for our Good, do really tend to our Disad_vantage upon the whole, and are a sort of Embarrassments upon the best Subjects. I need not be more parti_cular in my Account of this Affair, because, I am persuaded, every one understands it.

How lamentable is it, that a Cler_gyman who may be supposed to un_derstand his Master's Will, and know Christ's End in dying for the World, is obliged, against Reason and Con_science, to give the Sacrament to Re_probates, purely because he is ordered to do it? Or how great a Profanation must it be of the Ordinance that he must be bound to administer it to a downright Unbeliever, when he thinks he ought not to be admitted to it? Must it not be a deadly Sting to his tender Con_science, and rob him of his inward Peace and Repose; nay, of all the Happiness and Liberty, which by the Laws of Nature and of God, he is in_titled to? Undoubtedly it must. For tho' I am of Opinion, (and say it for the Good of Christians in gene_ral, and the poor Clergy in particu_lar) that any Person who desires the Sacrament at their Hands, be he ever so immoral in his Life, should have it given him, the principal Intent of it being to perpetuate the Memory of the Death of Christ, who died to con_firm the Revelation he gave us, and suffered in the Cause of Virtue for our Imitation of his Example, which a wicked Man has most Reason to imi_tate; yet as every one cannot, per_haps, have the same Faith with me, nor the same Clearness to do what I could, 'tis pity he should be obliged to obey a Diocesan contrary to his own Persuasion of the Thing. It were bet_ter for him there were no Establish_ment, than thus to be establish'd in Con_finement and Misery. And I wonder indeed, that the Clergy in general (at least the inferiour Part of them) do not give in their humble Petition, that the Test Act may be repealed, and that they may be freed from the great In_cumbrances and Uneasinesses they suf_fer by it. But,

It is still more deplorable, that a Person who is a Christian by Profes_sion, a Protestant in Principles, and dissents from the Church, only, for her Ceremonies, which he cannot safely comply withall, shall for that very Reason be cut off from his Share of Common Rights, or be marked with a Stigma of Disloyalty, when he is a Staunch Friend to the present Constitution. This cannot be con_formable to the Religion of Jesus, nor agreeable to that Justice and Cha_rity, Lenity and Forbearance, which it earnestly recommends; and that gentle and good Spirit which it every where breaths. On the contrary 'tis punish_ing Persons for acting according to their Consciences, which no Power in Hea_ven or Earth can warrant. But,

Perhaps it will be said, that they who dissent from the Church or don't conform to her rules are not punish'd; but all good Subjects are allow'd Liber_ty of Conscience, and to think and speak their own Sentiments without being, in the least molested, or disturb'd for it.

And, in answer to this, we may ob_serve; it is as true and certain, that a Man suffers by an absent Pleasure as well as by a present Pain, as that the latter is the Privation of the former. Remove the one and you give him the other, or give him one, and you take away, t'other. This, I believe, can admit of no dispute. But every Re_trenchment of common Rights, or the monopolizing them to one Party, is a Kind of Punishment which the De_prived suffer. It prevents them from enjoying that Pleasure and Happiness which they might receive by them, or, even, by the Hopes of them, both which such Retrenchments entirely frustrate. And if they do nothing at all to for_feit them, then, such Punishment is very unjust. Now, this is exactly the Case of the Dissenters at present; and a melancholy Case it is, upon several Accounts. They are excluded the Benefit of some natural Rights, because they will not consent to part with o_thers; which, they imagine, is not a_greeable to the Laws of Equity, e_specially when it throws such gla_ring Reflections on them and singles them out as Enemies to the State. And though I love the Establish_ed Church as well as any Man, yet I cannot but say, the Dissenters have some Ground for Complaint. They have always behav'd like Good Sub_jects, and been active and cordial in the Cause of Liberty, which is the grand Support of our present Con_stitution: And therefore it is pity they should be so stinted in the Fruits of their own Labour, or taste so little of the Hapiness we enjoy. If Clarke or Woolaston were living, they would say this is acting contrary to Reason and Truth; (And tho' they are dead they yet speak it to us) because 'tis treating those like dangerous and profess'd Enemies, who should be valued, and esteem'd, and encourag'd as, in truth they are, the firmest Friends we have.

I know it has been alledged, that the Test Act has been the Security of the Church; and whenever it is repealed, the Church will be in Danger. But this cannot possibly be made appear to be true. On the contrary, it will be found to be the Discredit and Ruin of it. And by the Church here, I shall, for the Sake of one Party mean, only, the Establish'd Church. And what Service, I pray, has the Test Act done it? Has it not crowded it with Num_bers of Persons, like the Adjuster, with popish Souls in protestant Bodies, who could see it sunk down the Stygian Lake; and who make no Scruple of conforming to her Rules, because they believe they at any time have an Indulgence for it? And does it not make the Dissenters on some accounts prejudic'd against her, and look upon her as an unchari_table Body, that denies Liberty and Property to her Neighbours? For tho' it might be said, that the Church is not so Chargeable with it, and that is the Civil Power has order'd things to be as they are; yet while there are so many B--ps in P---t whose Power and Influence are so extensive the Church (tho' the best part would rejoyce at the News of a Repeal) will always bear the blame of it; and the Dissenters will think they suffer by her. Whereas if their grievances, in this respect, were redress'd, they woud not only have a better Opinion of the Church, but wou'd Love her Ministers as they do their own, and make very little distinction between them.

After all, it is a melancholy Reflecti_on that the Christian Sacrament, which was intended to mind us of our Obli_gations to the Deity, and to improve us in the Practice of Moral Virtue, should be prostituted to the low Pur_poses of secular Interests. This is very contrary to the Institution of it. It is inverting the very Order and Nature of Things; making the future World subservient, or rather inferiour to the present; and Heaven itself a Handmaid to Earth.

The greatest Enemy to the Christian Religion (which I firmly believe of divine Original) is the great Profana_tion of this Ordinance. It causes ma_ny, when they see it used as a Test, imagine it nothing but a political En_gine, no ways binding the Consciences of Men, but as their temporal Interest leads them. Nay, it is certainly the Occasion of the Growth both of Popery and Deism; because wherever Men see it thus prostituted to every mean and common Use, it confirms them in their Belief there is nothing in Reli_gion; which makes them take up with any Scheme of it, when they have a Prospect of Pleasure or Gain. And this leads them on to a Dissolution of Man_ners, Contempt of moral Obligations, and all the Wickedness which destroys Society, to the great Dishonour of Al_mighty God, and the vast Discredit of the Gospel of Christ.

And now let any Man judge, if such a Thing can be the Security of a Church, which is so destructive of Virtue and Happiness: Which tempts some Men to sin against Light, others to violate the Laws of Conscience; some to contemn every thing that is sacred, others to believe there is no Religion. Let him divest himself of all Prejudices of Bigotry and Party, Education and Interest, and let him judge impartially of the Nature and Consequences of it; and, I am per_swaded, he will find it the Bane of Christianity.

For these Reasons which I have (and others I might have) advanc'd, many in the Church desire the Repeal of it. They see the several Grie_vances which now attend it; and are under no Apprehensions of Danger, in case it were null'd. They know our Lawgivers to be Men of Renown, and sufficiently qualified to defend them from Popery, by substituting a_nother Act in lieu of the Test.

And, therefore, I think it need be no Dispute with any Man, or Society of Men, whether or no they should push for the Repeal of it; or whe_ther now is a proper Time for it. Of this the Legislature are the best Judges, and can only know it when it comes before them. Yet, some Men are al_ways as timorous of Pushing, as if they had a desperate Adversary before them, and dreaded the Danger of a Home-thrust. But

If ever there can be a proper time for the Tryal of this affair, 'tis certainly now, when we are not disturb'd with the noise of War abroad, nor with a facti_ous and Party Spirit at home, but en_joy perfect Tranquillity and Peace, and are easie and quiet among ourselves. And when, besides, we have such Noble and Illustrious Senators who are as Remarkable for their Love of Liber_ty, as they are Celebrated for their Consummate Wisdom and Vigilance, and hearty concern for the Publick Welfare.

So that there can be no excuse for now deferring it, but what will eter_nally appear as plausible as Now. Let us therefore stand fast in this true faith; quit ourselves like Men when we are call'd to it; and be strong in a Cause on which so much depends.

FINIS. |CLA |Y1649 A Legall Vindication Of the Liberties of England, Against ILLEGALL TAXES And pretended Acts of Parliament Lately enforced on the People: OR, Reasons assigned by William Prynne of Swainswick in the County of Sommerset, Esquire, why he can neither in Conscience, Law, nor Prudence submit to the New illegall Tax or Contribution of Ninety Thousand pounds the Month; Lately imposed on the Kingdom, by a pretended Act of some commons in (or rather out of) Parliament. &horbar Esay 1.7. He looked for Judgment, but behold Oppression; for Righteousness, but behold a Cry. Psal. 12.5. For the Oppression of the poor, for the Sigh_ing of the needy; now will I arise (saith the Lord) and will set him in safety from him that would ensnare him. Exod. 6.5,6. I have also heard the groaning of the chil_dren of Israel, whom the �gyptians keep in bondage; and I have remembred my Covenant. Wherefore say unto the children of Israel, I am the Lord, and I will bring you out from under the Burdens of the �gyptians; and I will rid you out of their Bondage: and I will redeem you with a stretched out arm, and with great Judgments. Eccles. 4.1,2. So I returned and considered all the Op_pressions that are done under the Sun, and beheld the tears of such as were oppressed, and they had no Comforter; and in the hand of their Oppressors there was power, but they had no Comforter: Wherfore I praised the dead which are already dead, more then the living which are yet alive. &horbar London, Printed for Robert Hodges, and are to be sold by him, 1649.

Reader, Think it not strange to see this in the Front, printed before the Title; for the Author being far distant, and his Servant negligent, and the Copy coming by the lame Post; this Objection could not come in the right place; Therefore insert and read as here is noted.

The Objection in page 44. is to be inserted and read in pag. 10. immediately before, Secondly, should I voluntarily submit, &c. p. 44 does not exist

REASONS Assigned by WILLIAM PRYNNE, &c. &horbar

BEing on the 7 of this instant June 1649 informed by the Assessors of the Parish of Swainswicke, that I was assessed at 2l. 5.s. for three months Contribution, by vertue of a (pretended) Act of the Commons assembled in Parlia_ment, bearing date the 7 of April last, assessing the Kingdom at ninty thousand pounds monthly, beginning from the 25 of March last, and continuing for six months next ensuing, towards the maintenance of the forces to be continued in England and Ire_land, and the paying of such as are thought fit to be disbanded, that so Free-quarter may be taken off; whereof 3075l. 17s. 1 d.ob. is monthly imposed on the County, and 2l. 5s. 3d. on the small poor Parish where I live; and being since on the 15 of June required to pay in 2l. 5s. for my proportion: I returned the Collector this Answer, That I could neither in Conscience, Law, nor Prudence in the least measure submit to the voluntary payment of this illegal Tax, and unreasonable Contribution, (af_ter all my unrepaired losses and sufferings for the publick Li_berty) amounting to six times more then Ship-money (the times considered) or any other illegall Tax of the late beheaded King, so much declaimed against in our three last Parliaments by some of those who imposed this. And that I would rather submit to the painfullest death and severest punishment the Imposers or Ex_actors of it could inflict upon me by their arbitrary power (for le_gall they had none) then voluntarily pay, or not oppose it in my place and calling to the uttermost, upon the same, if not better reasons as I oppugned See my hum_ble Remonstrance against Ship_money. Ship-money, Knighthood, and other unlawfull impositions of the late King and his Councel, hereto_fore. And that they and all the world might bear witnesse, I did it not from meer obstinacy or sullennesse; but out of solid reall grounds of Conscience, Law, Prudence, and publick affection to the weal and Liberty of my native Country (now in danger of being enslaved unter a new vassalage, more grievous then the worst it ever yet sustained under the late, or any other of our worst Kings) I promised to draw up the Reasons of this my re_fusal in writing, and to publish them so soon as possible to the Kingdom, for my own Vindication, and the better information and satisfaction of all such as are any wayes concerned in the imposing, collecting, levying, or paying of this strange kinde of Contribution. In pursuance whereof, I immediately penned these ensuing Reasons; which I humbly submit to the imparti_all Censure of all conscientious and judicious Englishmen; de_siring either their ingenuous Refutation, if erronious; or candid Approbation, if substantiall and irrefragable, as my conscience and judgment perswade me they are, and that they will appear so to all impartiall Persons, after full examination.

First, By the fundamental Laws, and known Statutes of this Realme, No Tax, Tallage, Ayd, Imposition, Contribution, Loan or Assessment whatsoever may or ought to be imposed or levied on the free men and people of this Realm of England, but by the WILL and COMMON ASSENT of the EARLS, BARONS, Knights, Burgesses, Commons and WHOLE REALM in a free and full PARLIAMENT, by ACT OV PARLIAMENT: All Taxes &c. not so imposed, levyed (though for the common defence and profit of the Realm) being unjust, oppressive, inconsistent with the liberty and propertie of the Subject, Laws and Statues of the Realm; as is undeniably evident by the expresse Statues of Magna Charta, cap. 29. 30. 25. E. 1.c.5,6. 34. E. 1. De Tallagio non concedendo c.1. 21. E. 3. Rot. Parl. n. 16. 25. E. 3. c.8. 36. E. 3. Rot. Parl. n. 26. 45. E. 3. Rot. Parl. n. 42. 11. H. 4. Rot. Parl. n.10. 1. R. 3. c. 2. The Petiti_on of Right, and Resolutions of both Houses against Loans, 3. Ca_roli: The Votes and Acts against Ship-money, Knighthood, Ton_nage and Poundage, and the Star-chamber this last Parliament, 17. & 18 Caroli. And fully agreed and demonstrated by Mr. William Hackwell in his Arguments against Impositions; Judge Hutton and Judge Crook in their Arguments, and Mr. St. John in his Argument and Speech against Ship-money, with other Arguments and Discourses of that subject: Sir Edward Cook in his 2 Instit. (published by Order of the Commons House) pag. 59. 60. &c. 527. 528. 529. 532. 533, &c. with sundry other Records and Law-books cited by these great Rabbies of the Law, and Pa_triots of the Peoples Liberties. But the present Tax of Ninety Thousand pounds a Month, now exacted of me, was not thus imposed. Therefore it ought not to be demanded of, nor le_vied on me; and I ought in conscience, Law, and prudence to withstand it as unjust, oppressive, inconsistent with the Liberty and Property of the Subject, Law and Statutes of the Realm.

To make good the Assumption, which is onely questionable.

First, This Tax was not imposed in, but out of any Parlia_ment, the late Parliament being actually dissolved above two months before this pretended Act of these Tax-imposers taking away the King by a violent death, as is expresly resolved by the Parliament of 1. H. 4. Rot. Parl. n. 1. by the Parliment of 4. H. 4. and 1. H. 5. Rot Parliam. n. 26. Cook 4 Institutes p.46.and 4.E.4.44.b. For the King being both the Head, beginning, end and foundation of the Parliament (as Modus tenendi Parlia_mentum: and Sir Edward Cooks 4. Instit. p. 3. resolve) which was summoned and constituted only by his Writ now See 1 E. 6. cap. 7. Cook 7. Report. 30. 31. Dyer 165. 4. E. 4.23.44. 1 E. 5.1. Brook Commission. 19.21. actu_ally abated by his death: and the Parliament (as is evident by the clauses of the severall Writs of Summons to Cromptons Jurisdiction of Courts, fol. 1. Cook 4. Instit. p. 9.10. the Lords, and for the election of Knights and Burgesses, and levying of their wages) being onely PARLIAMENTUM NOSTRUM, the Kings Parliament that is dead, not his heirs and Successors; and the Lords and Commons being all summoned and authori_zed by it to come to HIS PARLIAMENT, there to be present, and conferre with HIM (NOBISCUM, not his Heirs and Successors) of the weighty and urgent affairs that con_cerned (NOS) HIM and HIS KINGDOME of Eng_land; and the Knights and Burgesses receiving their wages for, Nuper ad NOS ad PARLIAMENTUM NOSTRUM veniendo, &c. quod sommoneri FECIMUS, ad tractandum ibidem super diversis & arduis Negotiis NOS & Statum REGNI NOSTRI tangentibus, as the tenor of the 5. Ed. 3. 6. part. 2. Dors. Claus. Regist. f. 192.200. Writs for their wages determines. The king being dead, and his Writ and Authority by which they were summoned, with the ends for which they were called (to confer with HIM, about HIS, and HIS KINGDOMS affairs &c. being thereby absolutely determined, without any hopes of revivall; the Par_liament it self must thereupon absolutely be determined like_wise (especially to those who have disinherited HIS HEIRS and SUCCESSORS, and voted down our Monarchy it self) and these with all other Members of Parliament, cease to be any longer Members of it, being made such onely by the King's aba_ted Writ; even as all Judges, Justices of peace, and Sheriffs made onely by the Kings Writ or Commission, not by Letters Patents, cease to be Judges, Justices and Sheriffs by the Kings death, for this very reason, because they are constituted Justici_arios & Vicecomites NOSTROS ad Pacem NOSTRAM &c. custodiendam; and he being dead, and his Writs and Commis_sions expired by his death, they can be his Judges, Justices and Sheriffs no longer to preserve HIS Peace &c. (no more then a wife can be her deceased Husbands Wife, and bound to his obedience, from which she was losed by his death, Rom. 7.2.3.) And his Heirs and Successors they cannot be, unlesse he please to make them so by his new Writs and Commissions, as all our 4 Ed. 4.44. 1 E. 5.1. Brook Commissions. 19.21. & Offi_cer, 25. Dyer. 165. Cook 7. Report. 30.31. 1 E. 6. c.7 Dal_tons Justice of Peace. c. 3. p. 13. Lambert p. 71 Law-Books and Judges have frequently resolved upon this very reason, which equally extends to Members of Parliament, as to Judges, Justices and Sheriffs, as is agreed in 4 E. 4.43.44. and Brooke, Office and Officer, 25. Therefore this Tax being cleerly imposed not in, but out of, and after the Parliament end_ed by the Kings decapitation, and that by such who were then no lawfull Knights, Citizens, Burgesses or Members of Parlia_ment, but onely private men, their Parliamentary Authority expiring with the King, it must needs be illegall, and contrary to all the fore-cited Statutes; as by the Convocations and Cler_gies Tax and Benevolence granted after the Parliament dissolved in the yeer 1640, was resolved to be by both Houses of Parlia_ment, and those adjudged high Delinquents who had any hand in promoting it.

2. Admit the late Parliament stil in being, yet the House of Peers, Earles and Barons of the Realm were no ways privy nor concenting to this Tax, imposed without, yea against their con_sents in direct affront of their most ancient undubitable Parlia_mentary Right and Priviledges, (these Tax-masters having pre_sumed to vote down and nul their very House, by their new encroached transcendent power) as appears by the title and body of this pretended Act, intituled by them, An Act of THE COMMONS assembled in Parliament: Whereas the House of Commons alone, though full and free, have no more lawful Authority to impose any tax upon the people, or make any Act of Parliament or binding Law without the Kings or Lords con_currence, then the man in the moon, or the convocation Anno 1640. after the Parliament dissolved (as is evident by the ex_press words of the forecited Acts, the Petition of Right it self; Acts, for the Trienniall Parliament; and against the proroging or dissolving this Parliament, 17. Caroli: with all our printed Statutes, 14. R. 2. n. 15. 11. H. 4. n. 30. 13. H. 4. n. 25. Parliament Rolls, and 4. H. 7.18. b. 7. H. 7. 14. 16. 11. H. 7. 27. Fortescue c. 18. f. 20. Dyer 92. brook Parlia_ment. 76. 197. Cooks 4. Insti_tutes p. 25. Law-Books:) they nei_ther having nor challenging the sole Legislative power in any age; and being not so much as summoned to, nor constituting mem_bers of our See the Freeholders grand inquest, and my Plea for the Lords. ancient Parliaments (which consisted of the King and Spiritual and Temporal Lords, without any Knights, Citizens, or Burgesses as all our Histories and Records attest) til 47 H. 3. at soonest; they having not so much as a speaker or Commons House til after the beginning of King Edward the third his reign, as never presuming to make or tender any Bils or Acts to the King or Lords, but Petitions only for them to redress their grie_vances and enact new Laws, til long after Rich. the seconds raign, as our Parliament Rolls, and the printed prologues to the Sta_tutes of 1. 4. 5. 9. 10. 20. 23. 36. 37. and 50. Ed. 3. 1. Rich. 2. 1. 2. 4. 5. 7. 9. 11. 13. Hen. 4. 1. 2. 3. 4. 8. 9. Hen. 5. 1. 2. 3. 4. 6. 8. 9. 10. 11. 14. 15. 29. 28. 29. 39. Hen. 6. 1. 4. 7. 8. 12. 17. 22. Ed. 4. and 1. Rich.3. evidence (which run all in this form. At the Par_liament holden &c. by THE ADVICE and ASSENT OF THE LORDS SPIRITUAL and TEMPORAL and at THE SPECIAL INSTANCE and RE_QUEST OF THE COMMONS OF THE REALM, (BY THEIR PETITIONS put in the said Parliament, as some Prologues have it.) Our Lord the King hath caused to be ordained, or ordained CERTAIN STATUTES &c.) where the advising and assenting to Lawes is appropriated to the Lords; the ordaining of them to the King; and nothing but the requesting of, and petitioning for them both from King and Lords to the Commons, in whom the Legislative power princi_pally if not solely resided; as is manifest by the printed Prologue to the Statute of Merton. 20. Hen. 3. The Statute of Morte_man. 7. Ed. 1. 31. Ed. 3. De Aspertatis Religiosorum. There_fore this Tax imposed by the Commons alone without King or Lords, must needs be void, illegal, and no ways obligatory to the subjects.

3. Admit the whole House of Commons in a full and free Par_liament had power to impose a Tax, and make an Act of Parlia_ment for levying it without King or Lords; (which they never did nor pretended to in any age) yet this Act and Tax can be no ways obliging, because not made and imposed by a full and free House of Commons, but by an empty House, packed swayed, over_awed by the chief Officers of the Army, who have presumed by meer force and armed power, against law and without president, to seclude the Major part of the House, (at least 8 parts of 10) who by Law and custome are the House it self, from sitting or voting with them, contrary to the Freedom and Priviledges of Parliament; readmitting none but upon their own termes. An usurpation not to be paralleld in any age, destructive to the very being of Parliaments; Cooks 4. Institutes p. 1. Where all Members ex debito Justici_�, should with have equal Freedom meet and speak their mindes: inju_rious to all those Counties, Cities, Boroughs, whose Knights, Citizens and Burgesses are secluded, and to the whole Kingdom; yea contrary to all rules of reason, justice, policy, conscience, and their own Agreement of the people, which inhibit the far lesser part of any Councel, Court, or Committee, to over-sway, se_clude or forejudge the major number of their Assessors and fel_low Members, over whom they can no wayes pretend the least jurisdiction, it being the high way to usher Tyranny and confu_sion into all Councels and Realms to their utter dissolution, since the King alone without Lords and Commons, or the Lords alone without King or Commons, may by this new device make them_selves an absolute Parliament to impose Taxes and enact Lawes without the Commons, or any other forty or fifty Commoners meeting together without their companions do the like, as wel as this remnant of the Commons make themselves a compleat Parliament without King, Lords, or their fellow Members, if they can but now or hereafter raise an Army to back them in it, as the Army doth those now sitting.

4. Suppose this Tax should bind these Counties, Cities, and Boroughs, whose Knights, Citizens and Burgesses sat and con_sented to it when imposed, (though I dare sware imposed against the mindes and wills of all or most of those they represent; (who by the Declarati_on on Nov. 28. & 30. 1948. Armies new Doctrine, may justly question and revoke their authority for this high breach of Trust; the rather, because the Knights and Burgesses assembled in the first Parliament of E. 3. rot. Parl. n. 8. Did all refuse to grant a great extraordinary Subsidie then demanded of them (though not comparable to this) for the necessary defence of the Kingdom against Forraign enemies, till they had conferred with the Counties and Burroughs for which they served, and gained their assents:) Yet there is no shadow of reason, Law, or Equity, it should oblige any of the secluded Members themselves, whereof I am one; or those Counties, Ci_ties, or Burroughs, whose Knights, Citizens and Burgesses have been secluded or scared thence by the Armies violence, or setling Members illegall Votes for their seclusion; who absolutely dis_avow this Tax and Act as un-Parliamentary, illegall, and never assented to by them in the least degree; since the only 39. Ed. 3. 7. 4. H. 4. 10. Brook Parlia. 26. 40. Cook 4. Instit. p. 1. 25. 26. 1. Jac. ch. 1. reason in Law or equity, why Taxes or Acts of Parliament oblige any Member, County, Burrough, or Subject is, because they are parties and consenting thereunto either in proper person; or by their chosen Representatives in Parliament; it being a received Maxime in all Laws, Quod tangit omnes, ab omnibus debet approbari. Upon which reason it is judged in our 49. Ed. 3. 18, 19.21. H. 7. 4. Brooke customs 6. 32. Law-books, That By-Laws oblige only those who are parties, and consent unto them, but not strangers, or such who assented not thereto. And (which comes fully to the present case) in 7 H. 6. 39. H. 6. 34. Brooke An_cient Demesne 20. & Parl. 17. 101. It is resolved, That Ancient Demesne is a good plea in a Writ of Wast upon the Statutes of Waste, because those in Ancient Demesne were not parties to the making of them, FOR THAT THEY HAD NO KNIGHTS NOR BURGESSES IN PARLIAMENT, nor contributed to their expences. And Judge Brook Parliament 101. hath this observa_ble Note. It is most frequently found, that Wales and County Pa_latines, WHICH CAME NOT TO THE PARLIAMENT (in former times, which now they do) SHALL NOT BE BOUND BY THE PARLIAMENT OF ENGLAND: for ancient De_mesne is a good Plea in an action of wast, and yet Ancient Demesne is not excepted: and it is enacted, 2. Ed. 6. c. 28. that fines with Proclamation shall be in Chester, for that the former Statutes did not extend to it: and it is enacted, That a Fine and Procla_mation shall be in Lancaster. 5. & 6. E. 6.c.26. And a Procla_mation upon ita exigent is given by the Statute in Chester and Wales, 1. E. 6. 20. and by another Act to Lancaster, 5. &. 6. E. c. 26. And the Statute of Justices of Peace extended not to Wales and the County Palatine; and therefore and Act was made for Wales and Chester, 27. H. 8. c. 5. who had Knights and Burges_ses appointed by that Parlia_ment for that and future Parliaments by Act of Parliament, 27. H. 8. cap. 26. since which they have continued, their wages being to be levyed by the Statue of 35. H. 8. c. 11. Now, if Acts of Parliament bound not Wales and County Palatines, which had anciently no Knights nor Bur_gesses in Parliament to represent them, because they neither personally nor representatively were parties and consenters to them; much lesse then can or ought this Leavie, Tax and ille_gall Act to binde those Knights, Citizens and Burgesses, or those Counties, Cities and Burroughs they represented, who were forcibly secluded, or driven away from the Parliament by the confederacy, practice, or connivance at least, of those now sitting, who imposed this Tax, and passed this strange Act; e_specially, being for the support and continuance of those Offi_cers, and that Army who trayterously seised and secluded them from the House, and yet detain some of them Prisoners, against all Law and Justice. The rather, because they are the far major part (above six times as many as those that sate and shut them out) and would no wayes have consented to this illegall Tax, or undue manner of imposing it, without the Lords concurrence, had they been present. And, I myself, being both an unjustly imprisoned and secluded Member, and neither of the Knights of the County of Somerset, where I live, present or consenting to this Tax or Act, one or both of them being forced thence by the Army, I conceive neither my self, nor the County where I live, nor the Burrough for which I served, in the least measure bound by this Act or Tax, but cleerly exempted from them, and ob_liged with all my might and power effectually to oppose them.

Object. If any here object, That by the custome of Parliament 40 Members onely are sufficient to make a Commons House of Parliament, and there were at least so many present when this Tax was imposed: Therefore it is valid and obligatory both to the secluded absent Members, and the Kingdom.

Answ. I answer, First, That though regularly it be true, that forty Members are sufficient to make a Commons House to begin prayers, and businesses of lesser moment in the beginning of the day, till the other Members come, and the House be full; yet forty were never in any Parliament reputed a competent num_ber to grant Subsidies, passe, or record Bils, or debate or con_clude matters of greatest moment; which by the constant Rules and usage of Parliament, were never debated, concluded passed, but in a free and full House, when all or most of the Members were present, as the Parliament Rolls, Journals, Modus tenen_di Parliamentum, Sir Edward Cooks 4. Institutes, p. 1. 2. 26. 35. 36. Cromptons Jurisdiction of Courts, f. 1 &c. 39. E. 3. 7. Brook Parliament. 27. 1. Jacobi, c.1. and the Records I have cited to this purpose in my Levellers levelled, my Plea for the Lords, and Memento, p. 10. abundantly prove beyond contradiction; for which cause the Members ought to be fined, and lose their wages, if absent without special Licence, as Modus tenendi Par_liamentum, as 5. R. 2. Parl. 2. c. 4. 9. H. 8. c. 16. and A collection of all Orders, &c. of the late Parliament, pa. 294. 357. with their frequent summoning and fining absent Members, evidence.

Secondly, Though forty Members onely may peradventure make an House in cases of absolute necessity, when the rest through sicknesse, and publick or private occasions, are voluntarily or negligently absent; and might freely repair thither to sit or give their Votes if they pleased: yet forty Members never yet made a Commons House by custome of Parliament (there being never yet any such case till now) when the rest (being above four hundred) were forcibly secluded, or driven thence by an Army, through the practice or connivance of those forty sitting, of pur_pose that they should not over nor counter-vote them; much lesse an House to sequester or expell the other Members, or im_pose any Tax upon them. Till they shew me such a Law, Custom, or President of Parliament (not to be found in any age) all they pretend is nothing to purpose, or the present case.

Thirdly, Neither forty members, nor a whole House of Commons were ever enough in any age, by the Custom of Parliament, or Law of England, to impose a Tax, or make any Act of Parliament, without the King and Lords, as I have See my Plea for the Lords, and Levellers levelled. already proved; much lesse after they ceased to be Members by the Parlia_ments dissolution through the Kings beheading: Neither were they ever invested with any legall power to seclude or expell any of their fellow-Members (especially, if duly elected) for any Vote wherein the Majority of the House concurred with them, or differing in their consciences and judgments from them; nor for any other cause, without the Kings and Lords concurrence (in whom the ordinary judicial power of the Parliament resides) as I have undenyably proved by presidents and reason in my Plea for the Lords, p. 47. to 53. and Ardua Regni, which is fur_ther evident by Claus. Dors. 7. R. 2. m. 27. and Mr. Seldens Ti_tles of Honour, p. 737. Baronet Camoyes Cafe, discharged from being Knight of the Shire by the Kings Writ and Judgment, be_cause a Peer of the Realm; the practice of sequestring and ex_pelling Commons by their fellow-Commons onely, being a late dangerous, unparliamentary usurpation (unknown to our An_cestors) destructive to the priviledges and freedom of Parlia_ments, and injurious to those Counties, Cities, Burroughs, whose Trustees are secluded; the House of Commons it self being no Court of Justice to give either an Oath or finall Sentence, and having no more Authority to dismember their fellow-Mem_bers, then any Judges, Justices of Peace, or Committees have to dis-judge, dis-justice, or dis-committee their fellow Judges, Ju_stices and Committee-men, being all of equall authority, and made Members onely by the Kings Writ and Peoples Election, not by the Houses, or other Members Votes; who yet now pre_sume both to make and unmake, seclude and recall, expell and restore their fellow-Members at their pleasure, contrary to the practice and resolution of former ages, to patch up a factious Conventicle in stead of an English Parliament. Therefore this Objection no ways invalids this first Reason; why I neither can nor dare submit to this illegall Tax in Conscience, Law, or Pru_dence, which engage me to oppose it in all these respects.

Secondly, Should I voluntarily submit to pay this Tax, and that by vertue of an Act of Parliament made by those now sit_ting, (some of whose Elections have been voted voyd; otheres of them elected by new illegall Writs under a new kind of Seal, since the Kings beheading, as the Earl of Pembroke, and Lord Edward Howard, uncapable of being Knights or Burgesses by the Common Law and Custome of Parliament, being Peers of the Realm (if now worthy such a Title) as was adjudged long since in the Lord Camoyes case. Claus. Dors. 7. R. 2. m. 32. and asserted by Master Selden in his Titles of Honour: part. 2. cha. 5. p. 737. Seconded by Sir Edward Cook in his 4. Institutes. p. 1. 4, 5. 46, 47, 49.) As I should admit these lawfull Members, so I should ther_by tacitly admit, & ex post facto assent to some particulars, against my knowledg, judgment, conscience, Oaths of Supremacy, Allegi_ance, Protestation, and Solemn League and Covenant, taken in the presence of God himselfe, with a sincere heart and reall intention to per_form the same, and persevere therein all the dayes of my life, without suffering my selfe directly or indirectly, by whatsoever Combination, perswasion or terrour to be withdrawne therefrom. As First, That there may be and now is a lawfull Parliament of England actu_ally in being and legally continuing after the Kings death, consi_sting only of a few late Members of the Commons House, with_out either King, Lords or most of their fellow Commons: which the very Consciences and judgments of all now sitting, that know any thing of Parliaments, and the whole Kingdome if they durst speak their knowledg, know and beleeve to be false, yea against their Oaths and Covenant. Secondly, That this Parliament (so unduly constituted and packed by power of an Army combining with them) hath a just and lawfull Authority to violate the Privi_ledges, Rights, Freedoms, Customes, and alter the constitution of our Parliaments themselves; imprison seclude, expell most of their fellow Members for voting according to their consciences; to repeal all Votes, Ordinances and Acts of Parliament they please, erect new Arbitrary Courts of war and Justice to arraign, condemn, execute the King himself, with the Peers and Com_mons of this Realm by a new kind of Martiall Law, contrary to Magna Charta, the Petition of Right, and Law of the Land: dis_inherit the Kings Posterity of the Crowne, extirpate Monarchy and the whole House of Peers, change and subvert the ancient Government, Seals, Laws, Writs, Legall proceedings Courts, and coyne of the Kingdome; sell and dispose of all the Lands, Revenues, Jewels, goods of the Crowne, with the Lands of Deans and Chapters, as they think meet; absolve themselves (like so many antichristian Popes) with all the Subjects of England and Ireland, from all the Oaths and engagements they have made TO THE KINGS MAJESTY, HIS HEIRS AND SUCCESSORS: yea, from their very Oath of Allegiance, nothwithstanding this express clause in it (which I desire may be seriously and conscienciously considered by all who have sworne it) I do beleeve and in Conscience am resolved, that neither the Pope, NOR ANY PERSON WHATSOEVER HATH POWER TO ABSOLVE ME OF THIS OATH, OR ANY PART THERE_OF, which I acknowledge by good and full Authority to be law_fully ministred unto me, and DO RENOUNCE ALL PAR_DONS AND DISPENSATIONS TO THE CONTRARY: dispense with our Protestations, Solemn League and Covenant, so lately zealously urged and injoyned by both Houses on Mem_bers, Officers, Ministers, and all sorts of People throughout the Realme: dispose of the Forts, Ships, Forces, Officers, and Places of Honour, Power, Trust or profit within the Kingdom to whom they please; to displace and remove whom they please from their Offices, Trusts, Pensions, Callings, at their pleasures with_out any legall cause or tryall: to make what new Acts, Lawes, and reverse what old ones they think meet, to insnare inthrall our Consciences, Estates, Liberties, Lives: to create new monstrous Treasons never heard of in the world before; and declare reall treasons against King, Kingdome, Parliament, to be no treasons, and Loyalty, Allegiance, due obedience to our knowne Lawes, and consciencious observing of our Oaths and Covenant (the breach whereof would render us actuall Traytors and perni_cious persons) to be no lesse then High Treason, for which they may justly imprison, dismember, disfranchise, displace and fine us at their wills (as they have done some of late) and confiscate our per_sons and lives to the Gallowes, and our estates to their new Exche_quer; ( a Tyranny beyond all Tyrannies ever heard of in our Nati_on, repealing Magna Charta, c. 29. 5. E. 3. c. 6. 25. Edw. 3. cap. 4. 28. Ed. 3. c. 3. 37. E. c.18. 42. E. 3. cap. 3. 25. Ed. 3. cap. 2. 11. R. 2. c. 4. 1. H. 4. c. 10. 2. H. 4. Rot. Par. 11. N. 60. 1. E. 6. c. 12. 1. m. c. 1. The Petition of Right, 3 Caroli, and laying all our Laws, Liberties, Estates, Lives in the very dust after so many bloody and costly years wars to defend them against the Kings invasions) rayse and keep up what force they will by Sea and Land, to impose what heavy Taxes they please, and renew, increase, multiply and perpetuate them on us as long as they please to support their own encroached more then Regall, Parliamentall, Super-transcendent Arbitrary power over us, and all that is ours or the Kingdoms, at our private and the publique charge, against our wills, judgments, consciences, to our absolute enslaving, and our three Kingdoms ruine, by engaging them one against another in new Civill wars, and exposing us for a prey to our Forraign Enemies. All which with other particulars lately acted and endowed by the Imposers of this Tax, by colour of that pretended Parliamentary Authori_ty by which they have imposed it, I must necessarily admit, ac_knowledge to be just and legall by my voluntary payment of it, of purpose to maintaine an Army to justify and make good all this, by the meer power of the Sword; which they can no wayes justify and defend by the Laws of God or the Realm, before a_ny Tribunall of God or Men when legally arraigned as they shall one day be. Neither of which I can or dare acknowledge with_out incurring the guilt of most detestable Perjury, and Highest Treason, against King, Kingdom, Parliament, Laws and Liberties of the People: and therefore cannot yeeld to this Assessement.

Thirdly. The principall ends and uses proposed in the preten_ded Act and Warrants thereupon for payment of this Tax are strong Obligations to me, in point of Conscience, Law, Prudence, to withstand it; which I shall particularly discusse.

The First is, the maintenance and continuance of the present Army and forces in England under the Lord Fairfax. To which I say, First, as I shall with all readinesse, gratitude and due respect acknowledg their former Gallantry, good and faithfull Services to the Parliament and Kingdom, whiles they continued dutiful and constant to their first Engagements and the ends for which they were raised by both Houses, as far forth as any man; so in regard of their monstrous defections and dangerous Apostacy from their Primitive obdience, faithfulnesse and engagements in disobeying the Commands and levying open warre against both Houses of Parliament, keeping an horrid force upon them at their very doors, seising, imprisoning, secluding, abusing and forcing away their Members, printing and publishing many high and treasonable Declarations against the Institution, Priviledges, Members and Proceedings of the late, and being of all future Parliaments; imprisoning, abusing, arraigning, condemning and executing our late King, against the Votes, faith, and engage_ments of both Houses, and disinheriting his Posterity, usurping the Regal, Parliamental, Magistratical, and Ecclesiastical power of the Kingdom to their Generall Councel of Officers of the Army, as the supreme swaying Authority of the Kingdom, and attempting to alter and subvert the ancient Government, Parlia_ments, Laws, and Customs of our Realm: And upon serious consideration of the ordinary unsufferable Assertions of their Officers and Souldiers uttered in most places where they quar_ter, and to my self in particular, sundry times. That the whole Kingdom, with all our Lands, Houses, goods, and whatsoever we have, is theirs, and that by right of conquest, they having twice conquered the Kingdom: That we are but their conquered slaves and Vassals, and they the Lords and Heads of the Kingdome: That our very lives are at their mercy and courtesie. That when they have gotten all we have from us by Taxes and Free-quarter, and we have nothing left to pay them, then themselves will seise upon our Lands as their own, and turn us and our Families out of doors, That there is now no Law in England (nor never was if we beleeve their lying Oracle Peters) but the sword; with many such like vapouring Speeches and discourses, of which there are thousands of witnesses: I can neither in Conscience, Law nor Prudence assent, much lesse contribute in the least de_gree, for their present maintenance, or future continuance, thus to insult, inslave, and tyrannize over King, Kingdom, Parliament, people at their pleasure, like their conquered vassals. And for me in particular to contribute to the maintenance of those, who against the Law of the Land, the priviledges of Parliament, and liberty of the Subject, pulled me forcibly from the Commons House, and kept me prisoner about two months space under their Martiall, to my great expence and prejudice, without any parti_cular cause pretended or assigned, only for discharging my du_ty to the Kingdom, and those for whom I served in the House, without giving me the least reparation for this unparallell'd in_justice, or acknowledging their offence (and yet detain some of my then fellow-Members under custody by the meer power of the Sword without bringing them to tryall) would be not onely absurd, unreasonable, and a tacite justification of this their horrid violence and breach of priviledge, but monstrous unnaturall, perfidious, against my Oath and Covenant.

2. No Tax ought to be imposed on the Kingdom in Parlia_ment it self, but in case of necessity, for its common Good, as is cleer by the Stat. of 25. E. 1. c. 6. and Cooks 2 Instit. p. 528. Now it is evident to me, that there is no necessity of keeping up this Ar_my for the Kingdoms common Good, but rather a necessity of disbanding it, or the greatest part of it, for these reasons: 1. Be_cause the Kingdom is generally exhausted with the late 7 years Wars, Plunders and heavie Taxes; there being more moneys levied on it by both sides, during these eight last years, then in all the Kings Reigns since the Conquest, as will appear upon a just computation: all Counties being thereby utterly unable to pay it. 2. In regard of the great decay of Trade, the extraordi_nary dearth of cattel, corn, and provisions of all sorts; the charge of relieving a multitude of poor people, who starve with famine in many places, the richer sort eaten out by Taxes and Free-quarter, being utterly unable to relieve them. To which I might add the multitude of maimed Souldiers, with the wi_dows and children of those who have lost their lives in the Wars, which is very costly. 3. This heavie Contribution to support the Army, destroys all Trade, by fore-stalling and engrossing most of the moneys of the Kingdom, the sinews and life of Trade; wasting the provisions of the Kingdom and enhansing their prices, keep_ing many thousands of able men and horses idle, only to consume other labouring mens provisions, estates and the publick Trea_sure of the Kingdom, when as their imployment in their trades and callings, might much advance trading, and enrich the King_dom. 4. There is now no visible Enemy in the field or Garisons, and the sitting Members boast there is no fear from any abroad, their Navie being so Victorious. And why such a vast Army should be still continued in the Kingdom to increase its debts and payments, when charged with so many great Ar_rears and debts already, eat up the Country with Taxes and Free-quarter, only to play, drink, whore, steal, rob, murther, quarrel, fight with, impeach and shoot one another to death as Traytors, Rebels, and Enemies to the Kingdom and Peoples Liberties, as now the Levellers and Cromwellists do, for want of other imployments, and this for the publick good, transcends my understanding. 5. When the King had two great Armies in the Field, and many Garisons in the Kingdom, this whole Ar_my by its primitive Establishment, consisted but of twenty two thousand Horse, Dragoons, and Foot, and had an Establishment only of about forty five thousand pounds a month for their pay; which both Houses then thought sufficient, as is evident by their Collect. &c. pag. 599. 8m76. Ordinances of Febr. 15. 1644. and April 4. 1646. And when the Army was much increased without their Order, sixty thousand pounds a month was thought abundantly sufficient by the Officers and Army themselves to disband and reduce all su_per-numeraries, maintain the Established Army and Garisons, and ease the Country of all Free-quarter; which Tax hath been constantly paid in all Counties. Why then this Tax to the Army should now be raised above the first Establishment, when redu_ced to twenty thousand, whereof sundry Regiments are designed for Ireland, (for which there is thirty thousand pounds a month now exacted besides the sixty for the Army) and this for the common good of the Realm, is a riddle unto me, or rather, a Mystery of iniquity, for some mens private lucre, rather then the publick weal. 6. The Militia of every County (for which there was so great contest in Parliament with the late King) and these persons of livelihood and estates in every Shire or Corpo_ration who have been cordiall to the Parliament and Kingdom heretofore, put into a posture of defence under Gentlemen of quality and known integrity, would be a far better Guard to se_cure the Kingdom against forraign Invasions or domestick In_surrections, then a mercinary Army of persons and souldiers of no fortunes, and that with more generall content, and the tenth part of that charge the Kingdom is now at to maintain this Ar_my, and prevent all danger of the undoing pest of Free-quarter. Therefore there is no necessity to keep up this Army, or impose any new Tax for their maintenance, or defraying their pretend_ed arrears, which I dare averr, the Free-quarter they have taken in kinde, and levied in money, if brought to a just account, as it ought, will double if not treble most of their Arrears, and make them much indebted to the Country. And no reason they should have full pay and Free-quarter, too, and the Country bear the burthen of both, without full allowance of all the quarters levied or taken on them against Law, out of their pretended arrears.

Object. And if any of the sitting Tax-makers here object, That they dare not trust the Militia of the Cities and Counties of the Realm with their own or the Kingdoms defence: Therefore there is a necessity for them to keep the Army, to prevent all dangers from abroad, and Insurrections at home.

Ans. I answer, 1. That upon these pretences these new Lords may intail and enforce an Army, and Taxes to support them, on the Kingdom till Dooms-day 2. If they be reall members who make this objection, elected by the Counties, Cities and Bur_roughs for which they serve, and deriving their Parliamental Au_thority onely from the people (the only new fountain of all Power and Authority, as themselves now dogmatize) then they are but the Servants and Trustees, who are to allow them wages, and give them Commission for what they act. And if they dare not now trust the people, and those persons of quality, fidelity, and estate, who both elected, intrusted and impowred them, and are the primitive and supreme Power; it is high time for their Electors and Masters the people, to revoke their authority and trusts, and no longer to trust those with their purses, liberties, safety, who dare not now to confide in them, and would rather commit the safeguard of the Kingdom to mercinary, indigent soudiers, then to those Gentlemen, Free-holders, Citizens, Bur_gesses, and persons of Estate who elected them, whose Trustees and Attourneys only they professe themselves, and who have greatest interest both in them and the Kingdoms weal, and those who must pay these Mercinaries, if continued. 3. The Gentle_men and Free-men of England have very little reason any longer to trust the Army with the Kingdoms, Parliaments, or their own Liberties, Laws, and Priviledges safeguard, which they have so oft invaded; professing now that they did not fight to preserve the Kingdom, King, Parliament, Laws, Liberties. and Proper_ties of the Subject; but to conquer and pull them down, and make us conquered slaves instead of free-men: averring, that all is theirs by conquest. And if so, then this Army is not, cannot be upheld and maintained for the Kingdoms and peoples com_mon good and safety, but their enslaving, destruction, and the meer support of the usurped Power, Authority, Offices, Wealth, and absolute Domination only of those who have exalted them_selves for the present above King, Parliament, Kingdom, Laws, Liberties, and those that did intrust them, by the help of this trust-breaking Army, who have stained all the glory of their for_mer Noble Victories and Heroick Actions, by their late dege_nerous unworthy practices, and are become a reproach to the English Nation in all Christian Kingdoms and Churches.

The second end of this heavie Tax, is the support and mainte_nance of the Forces in Ireland, for which there was onely twen_ty thousand pounds a month formerly allowed, now mounted unto thirty thousand.

To which I answer in the first place, That it is apparent by the printed Statutes of 25. E. 1. c. 6. 1. E. 3. cap. 5.7. 18. E. 3. c. 7. 25. E. 3. c. 8. 4. H. 4. cap. 13. Cooks 2 Institutes p. 528. and the Protestations of all the Commons of England in the Parliaments of 1 H. 5. nu. 17. and 7. H. 5. n. 9. That no freeman of England ought to be compelled to go in person, or to finde Souldiers, Arms, Conduct-money, Wages, or pay any Tax for or towards the main_tenance of any forreign War in Ireland, or any other parts be_yond the Sea, without their free consents in full Parliament. And therefore this Tax to maintain Souldiers and the War in Ireland (neither imposed in Parliament, much lesse in a full and free one, as I have proved) must needs be illegall, and no ways obli_gatory to me, or any other. 2. Most of the ancient Forces in Ireland (as the Brittish Army, Scots, and Inchiqueen's) towards whose support the twenty thousand pounds a month was de_signed, have been ever since declared Rebels, Traytors, Revol_ters, and are not to share in the Contribution: and those now pretending for Ireland, being members of the present Army and to be paid out of that Establishment, there is no ground at all to augment, but decrease this former monthly Tax for Ireland, o_ver what it was before. 3. Many of those now pretending for Ireland, have been the greatest obstructers of its relief hereto_fore: and many of those designed for this Service by lot, have in words, writing, and print protested they never intend to go thither, and disswade others from going, yet take free-quarter on the Country and pay too under that pretext. And to force the Country to pay Contribution and give Free-quarter to such Cheaters and Impostors, who never intend this Service, is both unjust and dishonourable. 4. If the Relief of Ireland be now really intended, it is not upon the first just and pious ground, to preserve the Protestant party there from the forces of the bloo_dy Popish Irish Rebels, with whom (if report be true) these sitting Anti-Monarchists seek and hold correspondence, and are now actually accorded with Owen Ro-Oneal and his party of blodiest Papists; but to oppose the Kings interest and title to that Kingdome, and the Protestant remaining party there adhering to and proclaiming, acknowledging him for their Soveraign; least his gaining of Ireland should prove fatall to their usurped soveraignty in England, or conduce to his enthroning here: And by what Authority these now sitting can impose, or with what conscience any loyall Subject who hath taken the Oaths of Supremacy, Allegiance, and Covenant can voluntarily pay any con_tribution to deprive the King of his hereditary right & undoubt_ed Title to the Kingdoms and Crowns of England & Ireland and alter the frame of the ancient Government & Parliaments of our Kingdoms See a Col_lection p. 94, 95.99.698.700.877.878. Remonstrated so often against by both Houses, and ad_judged High Treason in Canterburies and Straffords cases, for which they were beheaded and by themselves in the Kings own case, whom they decolled likewise) without incurring the guilt of Perjury and danger of High Treason, to the losse of his life and e_state, by the very laws and statuts) yet inforce, transcends my un_derstanding to conceive: VVherefore I neither can nor dare in conscience, law or prudence submit to this con_tribution.

Fourthly, The coercive power and manner of levying this con_tribution, expressed in the Act, is against the Law of the Land, and Liberty of the Subject, which is threefold.

First, Distresse and sale of the goods of those who refuse to pay it; with power to break open their Houses (which are their Castles) doores, chests, &c. to distrain; which is against Magna Charta, cap. 29. The Petition of Right; The Votes of both Houses in the case of Ship-mony; 1 R. 2. c. 3. and the resolution of our Judges and Law-books 13. Ed. 4. 9. 20. E. 4. 6. Cook 5. Report. f. 91.92. Se_maines case, & 4. Inst. p.176,177.

Secondly, Imprisonment of the body of the party till he pay the contribution, being contrary to Magna charta; The Petition of Right, The resolution of both Houses in the Parliament of 3 Caroli in the case of Loanes; and 17 Caroli, in the case of Ship-mony, the judgment of our Judges and Law-Books collected by Sir Edward Cook in his 2 Inst. p. 46. &c. and the Statu. of 2 H. 4. Rot. Par. n. 6. unprinted, but most expresse in point.

Thirdly, Levying of the contribution by souldiers and force of arms, in case of resistance, and imprisoning the person by like force: ad_judged High Treason in the cases of the Earl of Strafford, and a levying of war within the Statute of 25.Ed.2. by the late Parlia_ment, for which he lost his head: and so proved to be at large by Master St. Iohn in his Argument at Law at the passing the Bill for his attainder, Printed by Order of the Commons House.

Fourthly, (Which heightens the illegality of these illegall means of levying it) if any person whose goods are destrained, or person imprisoned for this illegall tax, shall bring his Action at Law, or an Habeas corpus for his relief. The Committee of Indemp_nity will stay his legall proceeding, award cost against him, and commit him anew till he pay them, and release his suits at Law, and upon an Habeas corpus, their own Sworn Judges created by them, dare not bayle but remaund him against Law. An oppression and Tyranny, far exceeding the worst of the Behead_ed Kings; under whom the Subjects had Free-Liberty to sue and preceed at Law both in the cases of Loanes, Shipmony and Knight_hood, whithout any Councel Table, Committee of Indempnity to stop their suits, or inforce them to release them; and therefore in all these respects (so repugnant to the Laws and Liberty of the Sub_ject) I cannot submit to his illegall Tax, but oppugn it to the uttermost, most invasive on our Laws and Liberties, that ever was.

Fifthly, The time of opposing this illegall Tax, with these un_lawfull ways of levying it, is very considerable and sticks much with me; it is (as the Imposers of it declare and publish in ma_ny of their new kind of Acts and devices) in the first yeare of Englands Liberty, and redemption from thraldom. And if this unsup_portable Tax, thus illegally to be levied, be the first fruits of our first years Freedom, and redemption from thraldom, how great may we expect our next years thraldome will be, when this little finger of theirs is heavier by far then the Kings whole loynes, whom they be_headed for Tyranny and Oppression?

Sixthly, The Order of this Tax (if I may so term a disorder) or rather newnesse of it, engageth me, and all overs of their Countries Liberty, unanimously to withstand the same. It is the first, I finde, that was ever imposed by any who had been Members of the Commons House after a Parliament dissolved; the Lords House voted down, and most of their fellow-Commoners secured or secluded by their connivance or confederacy with an undutiful Army. VVhich if submitted to, and not opposed as illegall, any forty or fifty Commoners, who have been Members of a Parliament, gaining Forces to assist and countenance them, may out of Parliament now, or any time hereafter, do the like, and impose what Taxes and Laws they please upon the King_dom and the secluded Lords and Commons that once sate with them, being incouraged thereto by such an unopposed prece_dent. VVhich being of so dangerous consequence and exam_ple to the constitution and priviledges of Parliament, and Liber_ties of the people, we ought all to endeavour the crushing of this new Cockatrice in the shell, lest it grow to a fiery Serpent, to consume and sting us to death, and induce the Imposers of it, to lade us with new and heavie Taxes of this kinde, when this expires (which we must expect, when all the Kings, Bishops, Deans and Chapters Lands are sold and spent) if we patiently submit to this leading Decoy; since Matt. Paris, p. 517. Bonus Actus inducit consuetudinem, as our Ancestors resolved, Anno 1240. in the case of an universall Tax demanded by the Pope; whereupon they unanimously opposed it at first;Ovid. de Re_med. Amoris. Opprime dum nova sunt subiti mala femina morbi: Principiis obsta; ser� medicina paratur Cum mala per longas invaluere moras, being the safest rule of State-physick we can follow in such new desperate Diseases which endanger the whole Body-politick. Upon which grounds the most consciencious Gentlemen and best Patriots of their Country opposed Loans, Ship money, Ton_age, Poundage, Knighthood, and the like late illegall Impositi_ons of the King and his Councell in the very beginnings of them, and thought themselves bound in Conscience, Law, Prudence so to do, though there were some colourable reasons and prece_dents of former times pretended to countenance them. And if these VVorthies conceived themselves thus obliged to oppose those illegall Impositions of the King and his Councel, though countenanced by some Judges opinions as legall, to their im_mortall honour, and high esteem both in Country and Parlia_ment, who applauded them as the principal maintainers of their Countries Liberties; then much more ought I, and all other tenderers of their own and Countries Freedom, to oppose this illegall dangerous Contribution imposed on us by a few fellow_Subjects only, without, yea against all law or Precedent to coun_tenance it, being of greater consequence, and worser example to the Kingdom, then all or any of the Kings illegall projects of Taxes.

Seventhly, the excessivenesse of this Tax, much raised and encreased, when we are so exhausted, and were promised and expected ease from Taxes, both by the Army in their Remon_strance, November, 20. 1648. and by the Imposers of it, a_mounting to a sixt part, if not a moiety of most mens estates, is a deep Engagement for me to oppose it; since Taxes, as well as Mag. chart. c. 14. 14. E. 3. c. 6. Cook 2. Instit. pag. 26. 27. 169. 170. Fines and Amerciaments ought to be reasonable; so as men may support themselves and their Families, and not be undone, as many will be by this, if forced to pay it by Distresse or Imprisonment. Upon this ground, in the Parliaments of 1 & 4 Edward the Third we find divers freed from payment of Tenths, and other Taxes lawfully imposed by Praliament, because the People were impoverished and undone by the Warres, who ought to pay them. And in the printed Statues of 31 Henr. 6. c. 8. 1 Mari� c. 17. to omit others, we find Subsidies mitigated and released by subsequent Acts of Parliament, though granted by precedent, by reason of the peoples poverty and inability to pay them. Yeah, som_times we read of something granted them by the King, by the way of aide, to help pay their Subsidies, as in 25. E. 3. Ra_stal, Tax 9. & 36 E. 3. c. 14. And for a direct president in point: When Matt. Paris, p. 516. Peter Rubie the Pope's Legat in the year 1240. exacted an excessive unusuall Tax from the English Clergie; the whole Clergy of Berk-shire (and others) did all and every of them una_nimously withstand it, tendring him divers reasons in writing of their refusall, pertinent to our time and present Tax; whererof this was one, That the Revenues of their Churches scarce sufficed to finde them daily food, both in regard of their smal_nesse, and of the present dearth of Corne; and because there were such multitudes of poore people to relieve, some of which dyed of Famin, so as they had not enough to suffice themselves and the poore. Whereupon THEY OUGHT NOT TO BE COMPELLED TO ANY SUCH CONTRIBUTION: which many of our Clergy may now likewise plead most truly, whose Livings are small, and their Tythes detained; and divers people of all ranks and callings, who must sell their stocks, beds, and all their houshold-stuffe, or rot in prison, if forced to pay it.

Eightly, the principall inducement to bring on the payment of this Tax, is a promise of taking off the all-devouring and undoing Grievance of Free-quarter: which hath ruined many Countreys and Families, and yet they must pay this heavy Tax to be eased of it for the future, instead of being paid and allowed for what is already past, according to A Colle_ction, &c. pag. 771. former engagements. Against which I have these just exceptions,

1. That taking of Free-quarter by Soldiers in mens Houses, is a Grievance against the very Common-Law it self, which de_fines every mans House to be his Castle and Sanctuary, into which none ought forcibly to enter against his will; and which with his goods therein he may lawfully See Cook, 5. Report. fol. 91, 92. Semans Case. 7 Rep. Sendels case. Lambert f. 179. Daltons Justice of Peace, 224. 24 H. 8 c. 5. fortifie and defend against all intruders whatsoever, and kill them without any danger of Law: Against all the Statutes concerning See Rastal Title Purvey_ers. Purveyors, which pro_hibit the taking of any mens goods or provisions against their wills, or paiment for them under pain of Felony, though by Commission un_der the great Seal of England. Against the expresse Letter and Provision of the Petition of Right; 3. Caroli. Condemned by the Commons House in their An exact Collection, p. 7. Declaration of the state of the Kingdome of the 15. December, 1641. and charged as an Article against King Richard the second when deposed, in the Parliament of 1. H. 4. nu. 22. Yea, it is such a Grievance, as exposeth the houses, goods, provisions, moneys, servants, children, wives, lives, and all other earthly comforts we enjoy, to the lusts and pleasure of every domineering Officer, and unruly common Souldier. And to impose an unjust, heavy Tax, and induce peo_ple to pay it upon hopes of freeing them from Free-quarter, is but to impose one grievance to remove another.

2. There have been many promises, Declarations and Orders of both Houses and the Generall, for taking off Free quarter heretofore, upon the peoples paying in their Contributions before-hand, as now: and then none should Free-quarter on them, under pain of death; Yet no sooner have they pay'd in their Contribution, but they have been freequartered on as much or more then formerly: the Souldiers, when we tell them of any Orders against Free_quarter, slighting them as so many wast papers, and carrying themselves more unruly: And when complaint thereof hath been made to the Officers, Members, or the Committee for the Army, or in the House; answer hath still been made, That as long as there is an Army on foot, there will be freequarter taken, and there can be no prevention of it, there being a necessity of it: and when any have craved allowance of it; they have found so many put-offs and delayes, and such difficulties in obtaining it, that their expences have equalled their allowance; and after allow_ances made, the moneys allowed have been called for again. So as few have had any allowance for quarters, and given over suing for them, being put to play an after-game to sue for them after all their contributions first paid, and not to deduct them out of their Contributions, which they are still put to do. This pre_text therefore of taking sway Free-quarter, is but a shoo-horn to draw on the payment of this Tax, and a fair pretext to delude the People, as they finde by sad experience every-where, and in the County and Hundred where I reside. For, not to look back to the last yeers free-quarter taken on us (though we daily paie our Contributions,) In April and May last past, since this very Tax imposed for taking away Free-quarter, Colonel Harrisons Troopers under the command of Captain Spencer, (who quar_tered six days together in a place, and exacted and received most of them 3s. others 3s. 6d. and the least 2s. 6d. a day for their Quarters, telling their Landlords, that their Lands, and the whole Kingdom was theirs) have put Bathwick, Bathford, Claverton, Combe, Hampton, Toustock, Walcot, and Wedcombe, small parishes in our Hundred and Liberty, as they will prove upon Oath, and given it me under their hands, to 94li. 4s. 3d. charge; beside what quarters in other parishes of the Hundred Sir Hardresse Wallers Souldiers upon pretext of collecting arrears of Contri_bution not due from the hundred, put it to at least 30l. charge more for free-quarter, they being very rude and disorderly; and no sooner were we quit of them: but on the 22 and 23 of May last, Col. Hunks his Foot under the conduct of Captain Flower and Captain Eliot pretending for Ireland, but professing they never intended to go thither, marching from Minehead and Dun_ster (the next Westerne Ports to Ireland further from it to oppresse the Country, put Bathwick, Langridge, Witty, Beatheaston, Eu_therin and Ford to 28l. 7s. and Swainswicke, where I live, to about 20l. expences for three dayes Freequarter (by colour of the Generals Order dated the first of May) being the rudest and deboistest in all kinds, that ever quartered since the Warrs, and far worse then the worst of Goring's men, whereof some of them were the dreggs; and their Captain Flower, a Cavalier hereto_fore in arms (as is reported) against the Parliament. Their car_riage in all places was very rude, to extort money from the peo_ple, drawing out their swords, ransacking their houses, beating and threatning to kill them, if they would not give them two shillings six pence, three shillings, three shillings six pence, or at least two shillings a day for their quarters, which when extortet from some, they took free-quarter upon others, taking two, three, and some four quarters a man: At my house they were most exorbitant, having (as their Quarter-Master told me, who affirmed to me they had twice conquered the Kingdom, and all was theirs) direction from some great ones above, from some others in the Country (intimidating some of the Committee) and their own Officers (who absented themselves purposely, that the Souldiers might have none to controll them) to abuse me. In pursuance whereof some thirty of them coming to my house, shouting and hollowing in a rude manner on May 22, when their Billet was but for twenty, not shewing any Authority, but only a Ticket [Mr. Prynne &horfill; 20] climbed over my walls, forced my doors, beat my servants and workmen without any provocation, drew their swords upon me (who demanded whose Souldiers they were, by what authority they demanded free quarter, my house being neither Inne, nor Alehouse; and Free quarter against Law and Orders of Parliament, and the Generals) using many high provoking Speeches, brake some of my windows, forced my stong-beer cellar door, and took the key from my servant, ran_sacked some of my chambers under pretext to search for Arms, taking away my servants clothes, shirts, stockings, bands, cuffs, handkerchiefs, and picking the money out of one of their pock_ets; hollowed, roared, stamped, beat the Tables with their Swords and Muskets like so many Bedlams, swearing cursing, and blashpeming at every word; brake the Tankards, Bottles, Cups, Dishes, wherein they fetched strong beer against the ground, abused my maid-servants, throwing Beef & other good provisions at their heads, and casting it to the dogs, as no fit meat for Soul_diers, and the Heads and Conquerors of the Kingdom, as they called themselves; searched the out-houses for Turkies, which they took from their eggs and young ones, Veal and Mutton being not good enough for them: They continued drinking and roar_ing before, at, and after Supper, till most of them were mad_drunk, and some of them dead-drunk under the Table. Then they must have 14 beds provided for them (for they would lie but two in a bed) and all their linnen washed: My Sister answering them, that there were not so many beds in the house, and that they must be content as other Souldiers had been, with such beds as could be spared; they thereupon threatned to force open her chamber door, and to pull her and her children out of their beds, unlesse she would give them three shillings a peece for their beds, and next dayes quarters; and at last forced her for fear of their vio_lence (being all drunk) to give them eighteen pence a peece, assoon as they were forth of doors, and six pence a peece the next day, if they marched not; whereupon they promised to trouble the House no more. Upon this agreement all but eight (who were gone to bed) departed that night, and the rest the next morning. But I going to the Lecture at Bath, some thir_ty of them in my absence came about ten of the clock, not_withstanding the moneys received of my Sister for their Quar_ters, re-entered the house, and would have Quarters again, un_lesse she would give them three shillings a peece; which she re_fusing, they thereupon abused and beat the servants and work_men, forced them to drink with them all that day and night, swearing, cursing, roaring like so many Furies and Divels, brake open my Parlour, Milk-house, and Garden-doors, abused my Pictures and brake an hole in one of them; hacked my Table_boards with their swords from one end to the other, threw the chairs, stools, meat, drink about the house; assaulted my Sister, and her little children and Maid-servants with their naked swords, threatning to kill them and kick them to gelly, shot at them with their Muskets, forced them out of the House to save their lives: which I hearing of, repaired to my house, and finding them all so Bedlam mad, and that they would not hearken to any reason, nor be quieted, I thereupon rode to seek their Captain and Officers at Bath, who purposely absented them_selves; and not finding them till the next morning, I acquaint_ed the Captain then, (as I had done the first night by Letter) with all these unsufferable outrages of his Souldiers (contrary to the Generals Orders to carry themselves civilly in their quarters, and abuse none in word or deed) which would render him and them odious, not onely to the Country and Kingdom, but all Of_ficers and Souldiers who had any civility in them, and be a dis_paragement to the Generall, by whose Proclamation he ought to be present with his Company to keep them in good order, un_der pain of cashiering: And therefore I expected and required Justice and Reparations at his hands; the rather, because I was informed by some of his own Souldiers and others, that they had not been so barbarously rude, but by his incouragement, which if he refused, I should complain of him to his Superiours, and right my self the best way I might. After some expostulations, he promised to make them examples, and cashier them, and remove them forthwith from my house: But the onely right I had, was, that more of his company repaired thither, ma_king all the spoil they could, and taking away some brasse and Pewter, continuing there till neer four of the clock; and then marched away onely out of fear I would raise the Country upon them; many of whom profered me their assistance; but I desi_red them to forbear till I saw what their Officers would do; who in stead of punishing any of them, permitted them to play the like Rex almost in other places where they quartered since, marching but three or four miles a day, and extorting what mo_neys they could from the Country by their violence and disor_ders. Now, for me or any other to give moneys to maintain such deboist Bedlams and Beasts as these (who boasted of their vil_lanies and that they had done me at least twenty pounds spoil in Beer and Provisions, drinking out five barrels of good strong Beer, and wasting as much meat as would have served an hundred civill persons) to be Masters of our Houses, Goods, Servants, Lives, and all we have, to ride over our heads like our Lords, and Conquerours, and take Free quarter on us, amounting to at least a full yeares contribution, without any allowance for it, and that since the last Orders against Free-quarter, and warrants for paying in this Tax to prevent it for the future, issued; is so far against my reason, Judgement and conscience, that I would ra_ther give all away to suppress, discard them, or cast it into the fire then maintain such graceless wretches with it to dis_honour God, enslave, consume, ruine the Country and King_dome; who everywhere complain of the like insolences; and of taking free quarter since the 9 of June, as above two hundred of Colonel Coxe his men did in Bath the last Lords day; who drew up in a body about the Majors House, and threatned to seise and carry him away prisoner for denying to give them free quarter, con_trary to the New Act for abolishing it. Lastly this pretended Act implies, that those who refuse to pay this contribution without distress or imprisonment shall be stil oppressed with freequarter: And what an height of oppression and injustice this will prove not only to distrain & imprison those who cannot in conscience, Law, or prudence submit to this illegall Tax, but likewise to un_doe them by exposing them to free-quarter, which themselves condemne as the heighst pest and oppression; let all sober men consider; and what reason I and others have to oppose such a dangerous destructive president in its first appearing to the world.

Ninethly, The principal end of imposing this Tax to main_tain the Army and forces now raised, it not the defence and safe_ty of our ancient and first Christian Kingdom of England, its Par_liaments, Laws, Liberties, and Religion, as at first, but to disin_herit the King of the Crown of England, Scotland, and Ireland, (to which he hath an undoubted right by common and Statute Law; as the Parliament of 1 Jacobi. ch. I. resolves) and to levy war a_gainst him to deprive him of it: To subvert the ancient Monar_chical Government of this Realm, under which our Ancesters have always lived and flourished, to set up a New republick, the oppressions and greivances whereof we have already felt (by in_creasing our Taxes, setting up arbitrary Courts and Proceedings to the taking away of the lives of the late King, Peers, and other Subjects against the Fundamental Laws of the Land, creating new monstrous Treasons never heard off in the world before, and the like) but cannot yet enjoy or discern the least case or advan_tage by it; To overthrow the ancient constitution of the Parlia_ments of England, consisting of King, Lords, and Commons, and the Rights, and Priviledges thereof. To alter the fundamental Laws, Seales, Courts of Justice of the Realm, and introduce an arbitrary Government at least, if not Tyrannical, contrary to our Lawes, Oathes, Covenant, Protestation, See an Ex_act collection: and a collecti_on of publick Orders and p. 99.698.700.877.878. publick Remon_strances and Engagements to the Kingdom and forraign States, not to change the Government, or attempt any of the premises. All which being no less then High Treason, by the Laws and Sta_tutes of the Realm, (as Sir Edward Cook in his 4 Institutes ch. 1. and Mr. S&tsup;. John in his Argument at Law, upon passing the bill of Attainder of the Earl of Strafford (both printed by the Com_mons special order) have proved at large by many presidents, Reasons, Records; and so adjudged by the last Parliament in the cases of Strafford and Canterbury, who were condemned and executed as Traytors by judgement of Parliament, and some of these now sitting, but for some of those Treasons, upon ob_scurer Evidences of guilt, then are now visible in others:) I cannot, without incurring the Crime and Guilt of these ge_neral High Treasons, and the eternal, if not temporal pu_nishments incident thererunto, if I should voluntarily con_tribute so much as one peny or farthing, towards such Trea_sonable and disloyal ends as these, against my Conscience, Law, Loyalty, duty, and all my Oathes and obligations to the con_trary.

Tenthly, The payment of this Tax for the premised pur_poses, will (in my poor judgment and conscience) be offen_sive to God and all good men, scandalous to the Protestant Religion, dishonourable to our English Nation, and disadvan_tagious and destructive to our whole Kingdom, hindering the speedy settlement of our Peace, the re-establishment of our Laws and Government, establishing of our Taxes, disbanding of our Forces, revivall of our decayed Trade, by the renewing and perpetuating our bloudy uncivill Warrs; engaging Scotland, Ireland, and all forreign Princes and Kingdoms in a just War against us, to avenge the death of our late beheaded King, the dis-inheriting of his posterity, and restore his lawfull Heirs and Successors to their just, undoubted Rights, from which they are now forcibly secluded; who will undoubtedly molest us with continuall Warrs (what-ever some may fondly conceit to the contrary) till they be setled in the Throne in peace upon just and honorable terms, and invested in their just possessions. And there_fore I can neither in conscience, piety nor prudence, ensnare my self in the guilt of all these dangerous consequences, by any sub_mission to this illegall Tax.

Upon all these weighty Reasons, and serious grounds of Conscience, Law, Prudence, (which I humbly submit to the Consciences and Judgments of all conscientious and Judi_cious persons, whom they do or shall concern) I am re_solved by the assistance and strength of that Omnipotent God (who hath miraculously supported me under, and carried me through all my former sufferings for the Peoples publick Li_berties with exceeding joy, comfort, and the ruine of my grea_test enemies and Opposers) to oppugne this unlawfull Con_tribution, and the payment of it to the uttermost, in all just and lawfull wayes, I may; And if any will forcibly levie it by di_stresse or otherwise, without Law or Right (as Theeves and Robbers take mens goods and Purses) let them doe it at their own utmost perill. And I trust God and men will in due season doe me justice, and award me recompence for all the injuries in this kinde, and any sufferings for my Countries Li_berties. How-ever, fall back, fall edge, I would ten thousand times rather lose life, and all I have, to keep a good consci_ence, and preserve my native Liberty, then part with one farthing, or gain the whole world with the losse of either of them; and rather die a Martyr for our Ancient Kingdom then live a Slave under any new Republick, or remant of a broken, dismembred, strange Parliament of Commons, with_out King, Lords, or the major part of the Knights, Citizens, and Burgesses of the Realme, in being subject to their illegall Taxes, and what they call Acts of Parliament, which in reali_ty are no Acts at all to binde me, or any other subject, to obedi_ence, or just punishment for Non-obedience thereunto, or Nonconformity to what they stile the present Government of the Armies modeling, and I fear, the Jesuites suggesting, to effect our King_doms and Religions ruine.

William Prynne.

Swainswick, June 16.1649.

&horbar

Psal. 26.4,5.

I have not sate with vain persons, neither will I go with Dis_semblers: I have hated the Congregation of evill doers, and will not sit with the wicked.

FINIS. |CLA |Y1659 ENGLANDS SAFETY IN THE LAWS SUPREMACY. &horbar &horbar LONDON: Printed in the Year 1659. ENGLANDS Safety, IN THE Laws Supremacy. Being an Humble Advice presented to the People, Parliament, Army, in order to a good settlement and making this a happy and flourish_ing Nation.

WHen a Ship is in imminent and evident dan_ger of Shipwrack, every man engaged in her bottome, or in how small a proportion soever, part-owner. not onely justifia_bly may, but is much to be blamed if he do not, give the utmost assistance he can towards her preservation.

This being the Case of this Common_wealth apparent not onely from the hopes and expectations of her Enemies, but the feare and Concessions of her Friends, it is high time for every man to look about him, and not to think it sufficient that it is not through his default that she miscarries; but whether it be by reason of the headiness, im_prudence, rashness of the Marriners, indiscretion and want of skill in the Pilots, or any other as dangerous over-sights in the Master, he is concerned to suggest the danger, and to offer the best he can towards prevention.

'Tis hard to find out, and peradventure not so safe to mention all the failings and miscarriages that have reduced us to these exigents; I purpose but favourably to touch upon them, as aiming not at exasperation, but recovering our selves into a better and more hopefull progress towards settlement.

First, then, I crave leave to express something of a generall vice, with which all of all parties are in some measure tainted: it is an Epedemical fault that we all love our selves too well to the de_triment of others, and though self-love be natural, and in its fit bounds and measure allowable, yet is it in its inordinary, and when the eye of affection is bent all inward, condemnable, and the occasion of all the evils that are in the world: and therefore hath Christian Religion so well qualified it, as to make it compa_tible and coordinate with love of others, and by express pre_cept so enjoyn'd it; yet how contrary is our practice, our great business being not to further an establishment good for all, but to supplant one another: The Kingly party whilst in power, villified, and rendred contemptible, yea very much uncapable of any publick employment, and gave all disturbance they could contrive in the enjoyment of propriety, and exercise of private industry, to all such as were not forward to support and plead for Prerogative: the Presbyter has done much the same in stick_ling for his government: the Independent and Anabaptist are in this point equally guilty, as Ireland some late years past can testify insomuch that the quarrell is justly said to be, who shall enjoy Power and Office, and every party hunts after this train, to have the disposall to himself and his relations of all gainfull imploy_ments, and publick countenance, to the exclusion and subjection of others; a most unreasonable and much more unchristian fault; this, which eates out all friendship, natural affection, compassi_on, and plants instead of them, hatred, malice, discontent, re_joycings at one anothers Calamities; let every man lay his hand upon his heart, and conclude with himself, that so much as he has of this unjustifiable self-love, by so much he is disabled from truly serving his Country, in this time especially of its ex_treame exigence, and let him then seriously weigh the following motives and arguments against this general vice, the source of all failings in the management of both publick and private affaires.

The Arguments and Motives against this so general vice are,

1. It frustrates the good end of Law and Government: the reason why people united under Government, was that a few of the more strong and most subtile should not abuse and domineer over the rest, this was to be restrained by agreement to Lawes and equall Government; if then the Government it self, which was intended as a defence and protection to all shall, be enjoyed by a part, and made use of, not to distribute equall Justice, but to curbe and subject the rest: it is much one, as if the people had no Law nor Government.

2. Who ever is touched with this kinde of self-love, hath no_thing to say against the justice of his being a slave; for what measure he would mete unto others, he deserves himself.

3. Whosoever swayed by this self-love, runs the indirect paths of State policy, and makes use of what the support of his Pride and Ambition inforces him too; is guilty not onely of his own evils, but whatsoever in others are thereby occasioned, either in those that take part in his tyranny, or in the struglings of the people sensible of their oppression, and laboring for relief.

4. It is not fit that any man, the current of whose actions are guided by self-love, should assume to himself the appellation of Christian: For it is not onely taking that name in vain, but highly dishonoring it, and the Author thereof our Lord Christ, as if it were consistent with his Precepts; whereas the badge of his Profession, the practice of Himself and his Disciples, and the basis of all their practical Doctrines, is self-denial.

The remedy as to every one personally, is for every one to search his own heart, and to pluck out from thence the whole of this leaven; for if but a little be left behinde, it will leaven the whole lump.

The remedy as to the publick, is for all to concenter in some_thing that is good for all; that is; in such a settlement where eve_ry man may be as to Law and publick Countenance, in an equal capacity (except by past actions for a time disabled) and alike protected in the enjoynment of propriety and exercise of honest Industry.

A word to the Members of Parliament.

HAving done with all, I come in the next place to you, who represent all; in whose hands God hath once again pla_ced the opportunity of well setling this Nation. I will not say, how deservedly before displaced, but if you consider how long a time you had to perform Promises, and center in a good Esta_blishment, and how faint the expectations thereof at length grew in all good men, you will not wonder that none of them opened their mouths at your interruption, how illegal soever they understood it to be, nor blame the Justice of God in per_mitting such a violence.

But you are now replanted; take heed you say not, My arm hath done this, my wit and contrivance, and thereupon use this power to the inriching your selves and friends, and keeping others in subjection; and by spreading your interest, entertain a vain hope of perpetuating your Authority. Let the fatal down_fall of the King, and his numerous dependents (a dreadful ex_ample of Gods vengeance) deter you; or, as a latter instance of Gods detestation of those, however esteemed, prudential designs, his snatching away the late Protector in the heighth of all his hopes; and when there wanted but the putting out his hand to grasp a Crown, which all the toils and uncessant contrivances of twenty years, had with infinite turmoil to himself and others, labored for: Observe Gods dislike thereof in the last change, after all the fine arts that had been used in procuring Addresses, that seemed to import a general liking and assent, and all the pompous ways contrived to adde esteem and lustre to the idol of a single person; yet see how suddenly all vanished, as if the Almighty had determined, that nothing should take root, or be permanent in this Nation where so much profession hath been, and so many appeals made, but what is grounded upon equal Justice, and the stability of impartial Laws.

It is therefore kicking against the pricks to attempt further, or to think that any person or party can establish it self upon the narrow interest of a few: And therefore if any amongst you have any such rising thoughts, be pleased in the most seri_ous time of your retirement, to weigh well these following con_siderations.

First, That the mysteries of Machiavels art have been too far discovered to be of much use in this Nation for the future: The cloak of formal godliness, which the Florentine would have Polititians wear without the substantial lining, as being too cum_bersome, is now worn thred-bare; and almost every man sees it to be but a cloak; experience and often being deceived, hath made almost every body able to look upon, not the colours and pretext, but the depth and secret motive of every design: So that men talk upon the Exchange, and in common conferences, what is in the Cabinet, and all the fine devices appear now to be but like Flock-work upon Canvas, scattered over with glister_ing Copper or Tinsel: And therefore hereafter, the more manly and substantial way of plain and just dealing, is like to thrive best.

Secondly, Weigh well the improbability of effecting and go_ing through with such a design, in regard of enemies and diffi_culties: What they are like to be abroad, cannot be ascertained, but unless you settle well upon good foundations, contentful to the people, they are like to be very numerous. Charles Stuart and his Friends are watchful and hopeful of an opportunity, which cannot but offer it self, unless the people taste the sweets of a good Government. The Presbyter's discontented, your best friends justly jealous, that you will rather relie upon the broken Reed of some prudential contrivance, then the retrival of the antient Government and good Laws of England, cleared from Prerogative usurpations, and whatsoever for indirect ends hath been innovated upon them. If you center in any thing less, you stop all your friends mouths; the objections of your and our Adversaries, will be too hard for us; you weaken our hands, and droop our hearts: So that if any trouble should offer it self from abroad or at home, with what courage can it be ex_pected we should oppose it; when if victors, our case will be little better then if overcome: Whereas on the contrary, the good Government of England being by you established accord_ing to the exact Rules of a Commonwealth (the Maximes of Monarchy having been in several Kings Reigns, by force or fraud obtruded upon it, and therefore justly to be expunged) you may assuredly expect, and will certainly finde an unani_mous complacency in the people, their heats and animosities from difference in opinion gradually decaying, all sorts of them, yea, even your Adversaries will from the contentful sweetness thereof, soon judge it better to acquiesse, and sit still under such an establishment, then to run the hazard of any change: Your Neighbors abroad will seek your peace and friendship, and then you will have all the opportunities of ad_vancing Trade, and making easie the publick charge; and after you have well setled successive Parliaments with a fixt day for their Conventions, and secured the peace of the Nation, you may return with joy and lasting honor to your habitations, be_loved of all good men.

Whereas thirdly, if you should propose preheminence to your selves, and retention of power, you know not to how many evils you would in time be necessitated: For in this course of policy, Nemo repent� fit turpissimus, you would every day grow worse and worse, one irregularity necessitating another, until at last no evil would be blenched at: You would then be forced to check the peoples freedom of speaking and writing; to discountenance all good men that stand for the Law and their antient Government; to straiten by degrees Liberty of Con_science, be necessitated to use Guards, and erect high Courts of Justice; to employ and encourage Informers, Intelligencers, Pursuivants, Gaolers, Flatterers, and all kinde of Projectors that can furnish with any ginn or snare for the people: All cor_rupt interests you must side with, and support; practise dissimu_lation, called in a more courtly phrase, The art of obliging; tire and wear out your selves with never failing and anxious business, attended with a thousand fears, doubts, dangers, diffi_culties; and in conclusion, if you should prosper in such practi_ces, you would but leave your posterities partakers of the bondage you entail upon the people, or engaged in the laborious task of holding up the Tyranny.

If then looking upon the dispensations of Justice, God hath in late years afforded, and weighing the force of these Arguments, and such other as your own hearts can suggest to your selves; you do resolve upon the safer and better way, that is, to settle the Government according to the antient Laws and free Customs of England, freed from the entanglements of Kingly and Lordly power: It will be requisite that you give time, and make diligent search, what the antient and fundamental Govern_ment of England is; for it were strange to suppose, as divers men have suggested, that we have no such Government or Laws; that were the greatest imputation upon your honor that could be, that a war should be by you commenced for preserving and vindicating the Fundamental Laws, and divers persons of high_est quality executed as Traytors for subverting the Fundamental Laws, if no such Laws be, and the discourse of them but chy_merical; it is rather to be supposed, that those persons who so suggest, have either not taken pains, nor used honest diligence to finde them out; or are thought full of erecting an interest against those good and equal Laws; and therefore be neither you, nor any good men, discouraged in his endeavors of finding them out.

It is true indeed, it is not like to be an easie task, because the Monarchical interest from its first forcing it self upon our An_cestors, could not but design their obscuring, embezlement, and subversion; which sometimes it did openly vi & armis, some_times more clandestinely and fraudently, insomuch, that no Prince, but more or less, attempted it, and entertained as their fittest and ablest Counsellors, such as had most ability for such a work, two whereof besides the late King, were deposed from their Regal Dignities for subverting or embezling them, namely, Edward the Fourth, Richard the Second. So that after the so many hundred years diligence of such persons as were every way furnished both with power and all circumstantial helps, to extirpate the best of our Laws, and the wholsomest part of our Government: It is a wonder that any of it should remain, and not be swallowed up in the Monarchical gulf of Prerogative, but that every age hath produced some able and active men, who have by constant claim and sometimes open contest with Princes, kept alive the knowledge of many of our good Laws, and the particulars of our Government: And therefore you have good encouragement for further search; in doing whereof, be plea_sed to cast an eye upon these following considerations.

First, Inasmuch as you have already cleared the Government from the Dominion of a single Person, and the Pillars of Mo_narchy a House of Lords; in evincing the antient Laws, it is but consonant to what you have already done, to clear them from all branches of Usurpation, induced at any time or times by that interest, in order to its sustentation; for why should the tail be left, when the Dragon is taken away? And this is to be hoped you will do, because in your Answer to the Bucking_hamshire Petition, you say you will endeavor to settle a Common_wealth as well in Nature as in Name. A Commonwealth then being a Government directly opposite to Monarchy; this being the Off-spring of force, obtruded at first upon the people, with which they are through the continuance of time, pleased as a Bird with her Cage, because she hath forgot the sweetness of her liberty and open air, and scarce knows how to live a_broad, long used to her bondage; the other natural, and where enjoyed infinitely contentful. The Monarchy an interest within and distinct from the peoples, where the Prince and his depend_ents may be rich, and the people poor, and in necessity: The other an interest of the peoples, where the Law-makers and su_pream Authority, partake of the good or evil of their own Or_dinances; and therefore are concerned to be gentle in all taxes and publick impositions, since they themselves must bear their proportion. Since then the Governments are thus distinct, and that you have exploded the Monarchical, you are to retain no Law as connatural with the Government, but what is agree_able and fully consistent with a free Commonwealth; which is the onely just and natural Government in the World; since as the people are the original of all just power (according to what you have declared) so are they no longer themselves, and free, unless they retain that power in their own hands, or transfer it for a short time by way of deputation or trust to some of them_selves chosen by themselves, for the conservation of peace, and their Laws. And therefore be pleased to annul all those Laws, and other props and branches of Monarchy, that no hopes may be left to reverse it again, but the mindes of the people quieted in the permanent establishment of a free Common_wealth.

Secondly, In finding out the Original Laws, be pleased to cast your eye upon this Rule: That no Law be esteemed such, but what is of a large and diffussive extent, good for all, and at all times good, inasmuch as our dividing into parties hath been but in some of the last Centuries, a matter the Antient Law takes no cognisance of, that being one to all, inflexible and inexora_ble, regarding no man, no quality of men, no sect, no opinion, but enjoyning universal obedience for common peace and safety, and providing that one injure not another, dispencing upon default equal punishment. So that the way of reconcilement and uniting the spirits of the divided people, is to let them see that they are alike in respect of the Law, but as they become guilty upon the breach of any part of it. It being one of the arts of Monarchy, according to one of its Maximes, Divide and Reign, to give greater countenance to one or two sorts or sects of men, then to the rest, that so by the assistance of some, the whole may be kept in subjection. But in a free Commonwealth, there is neither Flatterer nor Favorite, the Laws bears Rule, and all are alike dear to it. If then you shall expunge all Laws of a narrow and contracted aspect, your building will be lasting as not standing upon a point, but grounded upon the basis of the People, every man being concerned with heart and hand to maintain that Government which gives him protection and e_quall respect.

Let me subjoyn this therefore as an humble caution, That it is a short and low consideration to think to satisfie the people with giving them only Liberty of Conscience: the whole is their right, and freedom in matters of religion is but a branch there_of, which is therefore not to be owned or accepted as a favour or indulgence to some persons, but the due right of all; not granted in policy to oblige a party, but published as a parti_cular not submitted to trust; no man in Religion being a capable Judge for another, since every man must be fully perswaded of the verity of the way wherein he serves the Lord. The business of the Magistrate in this particular being to conserve the Peace, and to see that no man offers injury or violence to another, or upon pretence of his liberty disturbs the tranquility of the pub_lick, or intrenches upon any mans propriety: let not therefore liberty of conscience be used as a sweet bait or morsell to some dissenting men, thinking by that means to stop their mouths, and with the addition of an office make them serve you in restraining other rights and freedomes, or establishing any other Power or interest then that forementioned; but doe all things with that freedome of mind, as becomes members of a Commonwealth. There is not to the soule of man, any thing more pleasing and permanently contentfull, then to discharge all duties with an upright and sincere heart, it leaves behind it a name sweeter then pretious Odours, and establishes a family beyond the favor of Kings, or success of battails.

Thus precautioned, you will be the better fitted to make search what the most antient government of England is; for your fur_therance wherein, I have taken the boldness to suggest unto you an essay at a modell thereof, cleared from regall and lordly usurpations, with the additions of some circumstances that makes it more practical at this time, and answering all occasions that the present condition of affairs requires, which in most humble ma_ner presented, will at least give some light to your future disqui_sitions.

1. THat a Parliament be called once every year by writs in course to be issued out upon a fixed day, and that the day also of their convention be assertain'd, that they adjourne from time to time as they see cause, not disolving untill at the years end in course they give place to the succeeding Parlia_ment.

2. That it consist only of the representatives of the people annually chosen, without a house of Lords, the superintendency or coordination of any person or persons whomsoever.

3. That the Power of the Militia, the Power of making Peace or Warr, the raising of Money, and disposing the same, be solely in the Parliament, and such as by them deputed shall be accoun_table to them.

4. That the power of making occasional laws be solely in them, reserving to the people untoucht and inviolable their funda_mental laws, according to indenture at elections.

5. That a Councel of Safety be annually chosen by the Parlia_ment out of themselves, consisting of one and twenty persons, accountable to Parliament: that they receive Commissions and instructions from Parliament, with the particulars of their trust; that so all matters though provided for by law, may not be brought as formerly to the Council board, to the awe and deba_sing of the spirits of the people; that they have a yearly allow_ance sutable to the dignity of the Nation.

6. That all the great and publick Officers, as well Civil as Mi_litary, be chosen by the Parliament, and continued but for one year.

7. That the Members of Parliament do take their provision allowed by the Law, and that during the time of their Member_ship, they neither directly nor indirectly (as being Members) enrich themselves, or dispose to one another the publick offices.

Laws including the Peoples Liberties.

THat no man be adjudged of Life, Limb, Liberty, or Estate but upon presentment by the unanimous judgment or ver_dict of twelve sworn men of the Neighborhood, grounded upon the testimony of faithful witnesses.

II.

That every person at the time of Tryal, in all Cases, have liber_ty of challenge or exception against his Tryers, or Jurors, as by right to the number of Thirty and six, without shewing cause; and of as many more as he shall shew cause for.

III.

That no man be amerced, fined, or otherwise punished, but in an equal manner proportionable to the offence; and none of the amercements, fines, or punishments, be imposed but upon Oath of good men of the Neighborhood.

IV.

That no man be imprisoned in any place, but whereunto there belongeth Goal-delivery, and not to be continued beyond the second Goal-delivery: That every prisoner be furnished with food and other necessaries, during his continuance there: That the Goaler have no Fee but Four pence of the Prisoner at his acquitment: That Bail be not refused, if the person be bail_able.

That no man be imprisoned for Debt, but that all Estates real and personal be liable for discharge of debts: That the Laws be revised concerning double Sales, fraudulent Concealments, and whatsoever indirect practise may arise upon the aforesaid Law, that so by severe penalties they may be prevented.

VI.

That no man be put to his Law, nor to an Oath, upon any ones bare saying, but upon the Oath of credible witnesses for the same.

VII.

That all Officers be annually chosen by the people, amongst whom the office or jurisdiction is to be administred, as well Sheriffs and Justices, as all other inferior Officers; likewise all Officers of Assizes and Courts of Justice; and also all Officers of the Trained Bands.

VIII.

That no man be compelled in matters of Opinion or Religi_on, but left free to observe the publick established Religion, or what other may seem in his Conscience to be more agreeable to the Word of God; and answerable to the Law onely for in_juries between party and party, or for crimes against the Com_monwealth.

IX.

That no moneys be raised upon the people, but by their con_sents in their great Council (the more antient appellation of the Assembly of their Deputies, then Parliament;) and that it be done by the good old way of Subsidies, which is both the most equal way, and of least charge in collecting.

That considering the people are grown much more numerous then heretofore, and that places have been made capable of chusing Parliament-men according to the interest or concern_ment of Princes, whence hath arisen a very great inequality in the distribution: It is thereupon necessary, that a new division be made in each County, that so there may be a more equal and perfect Representation of the people in their Great Coun_cil.

XI.

That the people in each County divided into Hundreds and Tythings, may be disposed into Bands of Horse and Foot, accord_ing to the different quality of the inhabitants; and that they may be at set times trained and disciplined for War, under Offi_cers and Commanders chosen by themselves; that so the whole Nation may be ready to appear in a few hours in arms, for de_fence of their Laws, and whatsoever is dear to them, against any enemies from abroad, or insurrection at home.

This Model is humbly presented to the consideration of all the good people of England, especially to the Members of Par_liament; in drawing up whereof all particular interest is dis_avowed, no way of Union (that necessary means of safety) be_ing possible, but by the concentration of all parties in something that is good for all, and hurtful to none; and as such, this is presented.

As every man is free to deliberate upon them, so is it humbly desired, That no man will suffer that freedom to be taken from him, by the inordinacy of any passion, by his engagement to any interest narrower then the publick; by the potent witch_crafts captivating, in common repute, the wisest, the love of Honor or Preeminence, and Profit: But rather let these few considerations take place in your hearts, and then a universal assent is not to be despaired.

1. THat it is better for any man to leave his Children guard_ed in their estates or labors by the Laws of their Coun_trey, then (though rich, and in the favor of a ruling party) liable to the slippery changes, that must ever attend those structures that are not built upon the sure basis of standing Laws. This is a truth, That no man who is not blinded by be_ing indirectly engaged, but will give his ready assent to.

2. The Laws presented, are all of them, except in some cir_cumstances, the most antient and radical Laws of this Na_tion.

3. They are conceived to be good for all, and in all times good; all parties are secured and supported by them; all per_sons intrusted, are so fairly and reasonably limited by them, as to prevent the employing their power to the prejudice of any particular, or of the publick; as when occasion of further de_bate thereupon is offered, shall be endeavored to be clear_ed.

4. It is humbly conceived, that such an establishment will re_compence all the miseries of the late War, as being hopeful, not onely to invest the people of this Nation with the present pos_session of their Laws, and just Liberties, but secure them for the future against all violences and usurpations whatsoever. The Model presented, does not probably comprehend the whole of what is the peoples right, and necessary for their se_curity, but is intended as an occasion and ground work of your Debates, who have the command of all helps, a view of all Laws and Records, and so the advantage of making a further discovery of many of our Rights and Customs, conducing much to the better establishment and security of the Govern_ment.

It is in the last place offered, That when the Laws and Liber_ties of the people are evinced and ascertained by your selves in Parliament, That a Model thereof fairly Printed be affixed in every Church, Hall, place of Assize, Market place, or where there is any usual Convention of people; and that at Assizes they be publickly read once every quarter, or oftner as shall seem good: That so the people bred up in the knowledge there_of, may be sensible when any violation or intrenchment is offer_ed thereunto. And for their further security it is likewise ten_dred, That after election of any persons to serve in Parliament, in the audience of each person so chosen, and of all the people, the Laws be solemnly read by a publick Officer thereunto ap_pointed; and an Oath taken of the person elected to preserve the same.

Be serious in the consideration of these particulars, and upon liking, give what promotion you can towards their settlement.

When the Law is supream, every man is safe and a freemen.

Having thus given my mite of humble Advice in order to a good settlement, let me without offence, and in as humble man_ner present a few considerations referring to several sorts of men and things, that may make the easier way, and prepare all parties for the better admission and establishment of the Go_vernment.

FIrst, As to the Officers of the Army, and others ingaged in many irregular and unwarrantable actions, since your in_terruption in 1653. Whether in order to peace, and the easier admission of what you intend, it be not best to pass over, and wholly forgive by an Act of Amnesty, whatsoever in that time hath been transacted; considering withal, the many temptations that were offered, and that during your former Session you had not established the Government; especially in case a plenal and perfect submission and obedience be hereafter rendred to your just Authority.

Secondly, That you propose some way of encouragement to the inferior Officers and common Soldiers, not onely as to the discharge of Arrears, and constancy of pay, but also some pri_viledges upon disbanding, that may bring them into the condi_tion of Free-Commoners, and settle them in a constant way of livelihood, either here, in Ireland, or in Scotland; that so they may look upon themselves, not as mercenary hirelings, but as Members of the Commonwealth, and propose to spend the re_mainder of their days, as other good men of England, in some vocation. These things will make them unanimous in standing by, and protecting the Parliament during the settlement.

Thirdly, In reference to the Prerogative party; although heretofore you have been necessitated to shew a severe hand to_wards them, they being the Principals in the War against you, and who would, it is to be feared, have been much more severe towards you and your adherents, in case they had prevailed; yet since they are Members of this Commonwealth, Fellow na_tives and Christians with us, and had many temptations to sway them to that party, besides the specious countenance of minorated Law, and the impulsion of education; it is humbly offered, Whether it be not best for the future, to let them see a willing_ness in you, to receive them to favor and publick countenance, so far as may stand with the safety of the Government: And although some restrictions are of necessity to be laid upon them, because of their aptness to revolt, and readiness to assist the interest of the Stuarts, and reverse the Monarchy; yet that those restrictions be but temporary, and taken off as soon as they shall give some signal testimonies of their reclaimer, and appro_bation of the Democratical Government, without a King or House of Lords. You may be pleased to consider, that there hath not much been done hitherto to reform and rectifie their understandings and many things, rather to confirm them in the equity of their own cause, especially in late actions: But when they shall see the excellency of a Commonwealth, in the esta_blishment of the good antient Laws freed from those powers and intanglements that rendred them useless, when they shall finde every man protected by them in his life, limb, liberty, estate, and no man by vertue of his authority extending his power to anothers prejudice, but at his own peril, in case he exceeds the express limits and bounds thereof; when every man under their tutelage shall enjoy the fruits of his Fathers labor, or his own industry, without the numerous ways of Court-arts, to molest and impoverish him. When those of that party shall see this blessed time, it is not to be doubted, but they will soon throw off their expectations from abroad, and blame themselves for giving any stop or impediment to so blessed a Reforma_tion.

As to the Ministry, and that form of Church-Government the Parliament shall think fit to commend to publick observati_on, it is offered, Whether it be not the better way, that the per_sons officiating therein, be paid out of the publick Treasury, more or less, according to the number of their charge, with certainty of a competent allowance to their Widows and Chil_dren, that so they may be obliged to maintain the Government established, and having no dependance upon the benevolence of the people, be more free to acquaint them with their faults, and avoiding all Polemical Controversies, and drawing them into factions to maintain their several Forms and Tenets, employ their abilities chiefly in furnishing every mans minde with the true knowledge and practice of all Christian precepts and duties, shewing the general disparity of almost all mens conversations thereunto.

Lastly, As to Trade, you cannot but see at how low an ebbe it is at the present, to the extream discouragement, and almost heart breaking of the Merchant, Trades man, and all other in_dustrious manufactures and occupations depending thereupon. It is therefore one of your principal works to set all the Wheels thereof going, both for the revival of those that live upon it, and for the increase of the publick Treasury. As for the means how it may in the best manner, and most contentful to the peo_ple be accomplished, it requires a large discourse, which happily in a short time you will be furnished withal; in the mean time it is best consulting Merchants and Seamen of most fame for honesty, ability, and publick-heartedness, who can give you an account of the state of our several Trades abroad; what clogs and burdens lie upon it; what expedients are left for remedy thereof. Expect not their Addresses, but invite them to you, en_tertain them with candor, and purpose of speedy redress Hear also, what others can say as to Trade within Drapers, Mercers, Clothiers, and bear an equal hand towards all.

Esteem the certain interest of this Nation to be the increase of Trade and the best Maxime of a Parliament to inrich the people, by encouraging all their labors and industry, advancing home-made Commodities, and providing a free course and vent for all manufactures; whereas a single person keeps the people poor and necessitated, that they may be fitted for Soldiers and Plantations, regardless of their penury, anxieties and blood; and proposes by numerous Pipes and Conveyances to drain the wealth of the Nation into the Exchequer; a Commonwealth on the contrary, is to aim at enriching the people, knowing the publick occasions can never want succor, as long as they a_bound.

Let me adde two things more, and I shall crave your pardon for all this trouble.

1. IN the disposal of publick Offices, as it hath been the pra_ctice of Monarchy, depending upon Faction (that is, upon a part of the people moulded to support that interest) to dispence its favors and publick employments onely to such as would flat_ter, and obey whatsoever should be commanded: So will it on contrary, become you rather to seek out those who are most de_serving, of most approved integrity, who are said in Scripture phrase To fear God (for then they will do nothing unworthily, since they know God abhors all that is evil) and hate covetous_ness, the root indeed of all unjust actions. Beware of dispen_sing these by favor, and to relations, because such, however un_deserving: For besides that it will much blemish your proceed_ings, it will also weaken the publick interest, and by degrees induce many corruptions in the Government. Seek out there_fore men able; the most vertuous are the most modest, and least apt to hunt and canvas for employment: Prefer not a Sycophant before a faithful Minister; a man pufft up with undeserved favor, before him that seeketh to purchase Grace by desert; an idle drone before a painful Officer.

2. There is a vice that has almost eaten out all integrity and truth of heart amongst men, which in latter years has been sown and sprung up abundantly in this Nation, Hypocrisie I mean, double dealing concealment of the minde, aptness to be_tray; whereby Faith is almost extinguished, and every man is become afraid of his neighbour: It lies in you to rectifie this, and it is an honorable undertaking; it must be done by plainness and integrity in your selves, according to whose examples all will square their actions, and by countenancing it in others. Let your reputation abroad arise from your reall strength at home, from the union of the People by the means forementioned, endeavored. Be it known by your punctual and just dealing, and scorne the base and unmanly arts of courtly obligings and regal dissimulations. Then will Honesty and Truth come again in fashion amongst us; and as well in publick as private affairs, no man will keep credit, but he that to the utmost of his power keeps his word and faith.

A word to the Officers of the Army.

THough the peoples fears are much upon you, as judging that you intend forcibly to transferre the power upon some of your selves, or return it upon the late Protector, if by no waies you can make the Parliament serve your purposes: yet cannot I give a ready credit to these distrusts, since I cannot think you should so blemish and render fruitless all your memora_ble actions and valiant exploits performed in the late warrs; muchless blot out and deface those glorious expressions in your former Declarations, asserting your care and tenderness of the Fundamental Laws.

The Parliament is now setling the Government of this Nation, and have made by your assistance a good beginning, by freeing it from the arbitrariness of Kingly and Lordly power; they have also promised they will make this a reall Commonwealth, as well in nature as in name: that is, as I humbly conceive, where the Law shall be uppermost, and every man intrusted with the execution of any part thereof, or with any office or pub_lick employment, shall be so bounded with express rules and in_structions, and be so certainly accountable for the discharge thereof, as that no man shall have power to abuse that share of Authority is committed to his management. How blessed a providence will it be to this Nation, and particularly to your selves, to stand by them, encourage and protect them in so good a work! Now is the time, the criticall time, when either we shall by centring upon good and stable foundations, become the happiest people in the world, for true freedom, righteous laws, security, wealth, (assured concomitants one of the other) or the most miserable by being liable upon an unsatisfactory settlement, to future and unavoidable alterations, which in all probability will end in the reduction of that Tyranny your valors are yet famous for exterminating.

And therefore you are most humbly implored by whatsoever is deare to you, your country, your posterities, the peace of your own consciences, as you prize the favor of the Almighty Lord of Hosts, and the universal love of all good men, employ your strength (as of right you ought to doe) in their protection that rais'd you, and first engag'd you in the righteous cause. Let not that cause that God hath so signally blest, become reproachfull, and a byword to the Nation, but evince it, stand by it, see it esta_blished, and then sit down & enjoy the fruits thereof; distinguish not your security from that of other mens, all irregularities in this interval of settlement may be past over; you will deserve not only indempnity but the highest esteem, if when you might hinder, you assist, and keep all other sorts of persons and parties from disturbing the Parliament in the establishment of the govern_ment. If therefore you have entertained any other purpose, give timely check to it, and stop before it be too late; be one with the people, and leave the estates you have by many hazards purchas'd, leave them to your children guarded by the protection of Law, and not liable to the humerous discretion of a single person, or an arbitrary Senate, which is much the same tyranny.

Answer all the scruples and objections of other men, by ap_parent actions of union with the Parliament, which will more then any other thing take off the hopes of all enemies secret, or open, at home or abroad.

&horbar FINIS. &horbar |CLA |Y1661 TWO PETITIONS OF THOMAS VIOLET of London Goldsmith, TO THE KINGS Majestie: I. Seting forth the great abuses practised by the makers of Gold and Silver Thread, Wire, Lace, to the great waste of the Stock and Treasure of the Kingdome, in culling and melting down the heavy currant Silver. II. One hundred & twelve several parcels of course and adulterate Silver Lace, sould for good Silver by several Shopkeepers in London; all these assayes certified under the hands of Mr. Alexander Jackson, who is sworne Assay-Master at Gold_smiths Hall, which Silver was course and adultrate, under Sterling, being all wrought against the Law. III. Ten several Heads or Branches certified by the Committee of Trade the 17&thsup; of June 1657. seting forth the several abuses in making Gold and Silver Lace, Wire, and Thread; and several waies set down for the preventing the same for the future, to which I humbly referre. IV. Thomas Violet's Petition to the Right Honourable, several LORDS of the Privy Council, who are appointed a Committee for the removing the obstructions of the Mint, that their Honours would be pleased to take Order for the Regulating of this Trade, and pre_vent the abuses put upon the wearers of Gold and Silver Lace, and for their fuller information, that an Order may be directed from the Lords of the Council to the Company of Goldsmiths, requiring them for His Maiesties service, that they forthwith take into consideration, to present to your Lordships such Rules, Orders, and Instructions for the due vending, and uttering of the said Manufactures, as they in their great experience shall find most necessary for the ends expressed. &horbar LONDON, Printed Anno Dom. 1661. TO THE KINGS MOST Excellent Majestie: And to the LORDS Spiritual and Temporal; and the Commons Assembled in Parliament. The humble Petition of Thomas Violet Goldsmith.

Humbly Sheweth,

THat your Majesties Royal Father of blessed memory, upon complaint to him made by many Persons, Noblemen, Gentlemen, Goldsmiths, and others; and also to his Majesties Privy Councel, as appears by Or_ders of the Privy Council the 25. of January 1634. shewing,

That much course Gold & Silver Lace, Gold and Silver Thread, Spangles, Oaes and Wyre, was daily in great quanti_ties sould for good Silver, to the great dammage and hinderance of the Mint, in the excessive quantities made for inferior persons. And that great quanities of English heavy Silver money, was culled, and melted down daily, for the making of these Manufactures, to the great wast of the stock of currant Silver, and to the daily deceit of the wearers of Gold and Silver Lace.

And by Order of some of your Majesties Royal Fathers Privy Coun_cil, viz. Mr. Secretary Cook, your Petitioner, and some others, were imployed to buy up several parcels of Silver Lace, in several Silk-men, and Wyerdrawers Shops in London: and thereupon your Petitioner, and some others, brought the said Lace, Spangles, Wyer, Purles, Oaes, to Mr. Alexander Jackson Assay-Master of Goldsmiths-Hall, and he As_sayed about one hundred and twelve several parcels of Gold and Silver Lace, Spangles, Thread, Wyer, &c. as appears under his hand. All these Assaies being by him the sworne Officer appointed for that service, found, and reported to be all made of course and adultrate Silver, mixed with Copper, contrary to the Law, being vended, for good Silver; and the Gentleman is now living, a man of great experience, skill, and credit, that can attest this, to be true to your Majesties Privy Council.

And your Petitioner hath the names of the several mens Houses and Shops of the Silk-men, Wyerdrawers, and others, and the day, and the year, this course adultrate Silver was by them sould: These original Papers your Petitioner hath ready to produce to your Majestie, and your most honourable Council.

Thereupon his late Majesty, and his Privy Council, commanded Sir John Banks, your Majesties Father Attorney General, to put some of the eminent of the Offendors into the Star-Chamber; and thereupon both Refiners and Wyerdrawers petitioned his Majesty for a Corpora_tion, and that they would so order themselves, that these abuses being so many, and fully proved, should all be regulated and prevented for the future. But upon full examination at the Privy Council, his Majesty, and the Lords, being fully possessed what had formerly been acted by the Wyerdrawers for several years. When they had a Corporation, that the abuses continued so notoriously notwithstanding the Wyerdrawers Charter, that their Corporation was damned in Par_liament, about the latter end of King James's time, in a quiet time, this was done, and Sir Giles Montpersons had like to be undone for pro_curing the Wyerdrawers to have a Corporation, as will appear in the Parliament. Records to which I humbly referre.

It was demonstrated in that Parliament, before your Majesties Royal Father, being then Prince, that the Wyerdrawers made Silver Wyer with a core of Copper, and sould the same for fine Silver; your Majesties Royal Father remembring this, was both shewed, and pro_ved in the Parliament House of Lords, he being then present, would not trust the Wyerdrawers with a Corporation, 1635. his Majestie saying, That would give the Gold Wyerdrawers an opportunitie to cozen the King_dome againe; they having cozened the Kingdome of above twenty thousand pounds a year, by deceitful making these Manufactures, and venting the same for good, for these last twenty years.

May it please your Majestie, your Royal Father upon debate, and advice of his Privy Council, taking special notice of your Petitioners activitie and abilitie to discover, and reforme these abuses, in consi_deration of these service, did by his Letters Pattents appoint your Petitioner for three lives, and the longer liver of them, to have, and take the charge and care to be the Surveyers, Tryers, Sealers, As_sayers of all Gold and Silver Wyer, Thread, Purles, Oaes, Spangler, and all other Manufactures of this sort, and to Mark, Register, Seal, or Assay the same, before any of these Manufactures should be ex_posed to saile; with power given to your Petitioner, to search for, and seaze on all course and adultrate Silver, made into any of the aforesaid Manufactures, and to burn, and deface the same, according to the Law, to suffer no Silver to be wrought into any of these Manufactures, or put to saile, but Sterling Silver at the least.

Your Petitioner hath two lives yet in being, his own life, and a_nothers, under the great Seal, for the grant and allowance of one half penny the ounce Troy for all Silver Wyer, Spangles, Purles, Oaes, and four pence the pound Venice, which is one half peny the ounce Troy for sealing or surveying all Gold and Silver Thread, &c.

For the consideration of these Fees, your Petitioner did keep, and is bound to keep at his own charge several persons to give their at_tendance to Survey or Assay all Gold or Silver Wyer, Thread, Spang_les, &c. to pay House-rent, books, wax, fire, coles, &c. and to warrant to all persons whomsoever, that all Gold and Silver Wyer drawn at the Office appointed by your Majesties Royal Fathers Proclamation, should all be made of good Silver, none under Ster_ling, or the Standard.

And if it should chance any person or persons to be wronged in the premises, and buy Gold and Silver Wyer, Thread, or Lace, made and drawn, and sealed in the said Office, by your Petitioner, or his Servants, that then your Petitioner should pay full damages to any Person that could find out, or discover the same.

And your Majesties Royal Father set forth his Proclamation, and appointed by his Commissioners under the great Seal, some of His most honourable Privy Council, his Attorney and Solicitor General, and Masters of Request, and Clarks of the Council, His Officers of the Mint, and some eminent Aldermen to be his Commissioners, giving them instructions under his Majesties sign Manual, this being done 1635. by the advice of His Privy Council, after many daies hearing at the Council Table.

These Gentlemen sate every week one day, and five made a Com_mittee, and sometimes more, to regulate and restrain the abuses, and they caused some of the Offenders to be set in the Pillory, being indi_cted at Newgate; and in the compasse of six years, brought the workmen, and all people trading in this Ma_nufacture, into that good order and decorum, that all Gold and Silver Lace, Thread, Wyer, &c. was as exactly made as the Plate or moneys of the Kingdom, the numbers of Workmen regulated, a due Proportion of Silver to Silk, whereby this Manufacture was made the best in London of any place in Christendom, and your Petitioner seeing all orders and rules setled and made by the Commis_sioners, or any five of them to be duly executed, was the principal cause of that Reformation that followed. This Regulation was complained of in Parliament, 1640. but upon Examination all Parties put to take their Re_medy by the Law, and I have in all times justified the Regulation. Your Petitioner being 1641. first sent by the Par_liament a Prison_er to Peter house then a ship board to the Kings Bench: & in the year 1643. sent close Prisoner to the Tower for near four years, being kept in a dungeon 928 daies of that time, and had my estate plundred, to the valew of eleven thousand pounds, and my damage at this day above twen_ty thousand pounds, and threatned to be sent for a slave to Argier, for bringing from your Majesties Royal Father from Oxford 1643 a Letter for peice to the Ci_ty of London. In all I was a_bout eight years a Prisoner.

But upon the persecution of the long Parliament, your Petition_er went to your Royal Father to York, and the honourable Commission_ers appointed for the regulating this Manufacture, being Privy Counsel_lors, and other eminent Officers of the Kingdom. These Gentlemen, al_most all of them, according to their duties, followed your Majesties Royal Father in all his Troubles, but since, length of Time, fortune of the Warres, and other casualties, almost all of these Honourable Concellors are dead, by whose wisdom and care these abuses were regulated, and this Regulation afterwards neglected, the heavy coines melted, Silver slightly and adulterately made, to the damage of the Kingdom many hun_dred thousand pounds within this twenty years.

In your Petitioners Patent under the Great Seal of England, there is this Provisoe, that if hereafter the Government or Regulation of this Ma_nufacture by Commissioners, be altered or changed into any other form, or any other Proclamation for the regulating this Manufacture, yet your Petitioners Grant, with his Fees and Powers, should be, and continue firme, good and effectual in the Law, as appears by your Petitioners Pa_tent, dated 7 Sept. 14. Car. which Patent taken out of the Rolls, your Petitioner hath left with the Honourable Mr. Attorney General, with a Petition to your Majestie, formerly referred to the Right Honourable the Lords Commissioners of your Majesties Treasury, touching the Regula_tion of this businesse, 15. Sept. 1661.

Your Petitioners humble prayer to your Majestie is, that your Majesty would speedily prevent the great abuses and disorders daily practised, in the undue making of Gold and Silver Thread, Wire, Lace, Spangles, and the unlawful melting of the heavy current silver Coines, there being above twenty thousand pounds a year wasted and bruised away, by thin and slight making of Silver Lace, for the private profit of the Wiredrawers, which if it were duly made, would all be returned to the melting Pot, and avoid that waste of Treasure, that by order of your Majestie and your Privy Councel, all persons as formerly, from 1635. to 1641. be enjoyned to the due essaying of all Silver Wire at the Bar, and the Thread sealed, and true Registers kept of all Gold and Silver employed in this Manufacture, and all Bars and Engines brought into one place, according to the Proclamation of your Majesties Royal Father, in the 11th year of his Reign, that so your Majestie may have a true Accompt what Silver is spent in this Manufacture, and so regulate the Excess, which is to the prejudice of your Mint, that base and inferior persons may not weare the same. I humbly beseech your Majesty to read the Reasons of the Committee for Trade, fol. 11.10 Head. never to trust the wire_drawers with a Corporation, or with the rule & government of this Manufa_cture. And then if your Majesty be pleased to compare what your royal Fa_ther of blessed memory observ_ed of these wire-drawers in the Parliament, when he was Prince, that they had deceived their trust, and he would not trust them again. they have cozen_ed the Kingdome whithin these twenty years of above twenty thousand pounds a year, in slight, course, and deceitful silver lace, and now are endea_voring to get a Corporation, to work in iniquity by a Law, if your Majesty prevent it not.

And that your Peti_tioner may be required to continue his Searches so often as he shall finde just occasion, to seize all course Silver, under ster_ling, made or making into any of these Manufactures, and to deface the same, returning the material to the Owner as soon as they are defaced, according to his Patent, that no Gold or Silver Lace be hereafter mixed in any part with Copper, or made under sterling.

For the better enabling your Petitioner to do this service, your Petitioner humbly prayes your Majestie to renew your Royal Fathers former Commission 1635. with such alterations and additions, as your Majestie and your Privy Councel, with the Attorney General shall judge fit, for the persons and the powers to be your Majesties Commissioners for this business.

Or else if your Majestie and your Privy Councel shall think it meet for your service, and the fuller discovery of these abuses, (never suffer the Gold Wiredrawers to have a Corporation.) But if your Majestie, by advice of your Privy Councel, command the Corporation of Goldsmiths, by reason the regulating of Gold and Silver is a particular branch of their Trade, that they be required by your Majestie to take and view the for_mer regulation of this Manufacture, as it was setled by Commissioners, from the year 1635. to 1641. and to consider of such alterations and ad_ditions for the due Regulation of this Manufacture, that all abuses now practised in the Workmasters, Workmen, Traders and Venders of this Commodity, may for the future be prevented; your Majestie, Nobility, and Gentry duly served with good Silver Lace, which maintaines by Ma_nufacture many thousand people in the City of London.

All Gold and Silver Wire drawn at the Office for any of these aforsaid Manufactures, of Lace, Thread, Embroidery, to the essayed and warrant_ed to be good Silver by your Petitioner, as he hath put in Security into the Exchecquer, or to pay the damage.

That the Company of Goldsmiths, as often as occasion shall require, shall from time to time propound such Rules and Orders, for the due making, vending, and uttering the same Manufactures, as they in their experience shall finde most necessary for the ends expressed, and being required by your Majestie, for their daily assisting, advising, and coun_selling your Petitioner to discharge the Trust and Duty of his Place, ac_cording to his Grant under the Great Seal, that so all the former abuses for the future may be prevented, and the credit of this manufacture restored, and your Petitioner encouraged to do his duty, to discover these abuses, and for to incourage the Goldsmiths Company to look carefully after this businesse, that after the Expiration of your Petitioners Grant, by your Majesties grace and goodnesse, the Powers, Fees and Salaries granted to your Petitioner, to enable him to do this service, may for ever be fixed and annexed to the Company of Goldsmiths and their Successors, they then putting in Security in fifteen hundred pounds into the Exchecquer, as your Petitioner hath done already, for the warranting all Gold and Silver Wire drawn as aforesaid, for making any the aforesaid Manufa_ctures to be good Silver, and that the Company of Goldsmiths by your Majesties Gracious Reference, be commanded to certifie your Majesties Privy Councel, and your Attorney General, of such wayes and Rules they shall find best to prevent these abuses, your Majestie being graci_ously pleased to recommend the same to your Parliament, to have this Re_gulation setled on the Goldsmiths by Parliament. This will perfect the Reformation, and prevent the daily abuses put on the Wearers of Gold and Silver Lace, when the Company of Goldsmiths that are Artists, but no Traders in this Manufacture, shall be bound to warrant the same to all persons, and to survey and see the Gold Wiredrawers do their duty. And your Petitioner shall ever pray, &c. May it please your Majesty, I have spoken with the Compa_ny of Gold_smiths about a month since, who have declared to me, that if your Majesty, or your Privy Council send them your com_mands to set down the waies and rules, to the best of their skil for this Regula_tion, they will withal rediness humbly do it; and if these rules be approved on with such alter_ations as your Majesty, & your Privy Council shall judge fit, and by your Majesty recomend_ed to the Parlia_ment, and by them approved; they tell me this is the only cer_tain and safe way for them to act, to reforme this abuse, which the Goldsmiths have confessed, they know is a great shame to the Kingdome, that the Nobili_ty and Gentry should be so dai_ly deceived as they are, in course slight, a_dulterate silver lace, wyer, spangles, thread, &c. which the Assay_ing of, and Surveying of these Manufactures by your Petitioner, will for the future prevent, and the advice and assistance of the Company of Goldsmiths, will strengthen your Petitioner in this service. At the Court at Whitehall Jan. 25. 1634. Present.

The KINGS most Excellent Majestie. Lord Archb. of Cant. Lord Keeper. Lord Treasurer. Lord Privie Seale. Lord Duke of Lenox. Lord Mar. Hamilton. Earle Marshall. Lord Ghamberlaine. Earle of Dorset. Earle of Carlisle. Earle of Holland. Lord Cottington. Lord Newburgh. Mr. Treasurer. Mr. Comptroller. Mr. Vice Chamberl. Mr. Secretary Coke. Mr. Secret. Windebank.

UPon Complaint made this day to his Majestie, sitting in Counsel by Sir Henry Mildmay, Knight Master of the Jewel-house, that much of his Majesties Plate had bin stollen, and then melted down into Ingots, and unlawfully sold, as well to sundry Goldsmiths as to Refiners. For proof whereof he presented sundry de_positions, of which two were read. And up_on Information given by some of the War_dens and Company of Goldsmiths, (who did this day attend) touching the detriment which ariseth by the undue practices of the said Refiners. Who in stead of selling Silver Bullion to the said Company of Goldsmiths, or bringing it to the Mint, according to the Statute of the fourth year of Henry the seventh, do raise the same in finenesse, and utter it to the Wiredrawers, and others of like Trades, at higher rates, then either the Mint can allow, or the Goldsmiths can give. And do thereby cause the Consumption of a great and excessive mass of gold and silver, in thread, spangles, and other unnecessary things. His Ma_jestie having taken the premisses into consideration, was pleased to order and command (with advice of the Board) that the said Sir Henry Mild_may shall go to Mr. Attorney General, with the said depositions, and what he else can produce to that purpose. And that the Goldsmiths shall likewise attend the said Mr. Attorney, with such informations as they have already, or can recover by further Inquirie, (wherein they are to use all speed and diligence) And that thereupon Mr. Attorney shall pro_secute in a legal way, such as he shall finde to be offendors as well Gold_smiths as Refiners, in any of the particulars beforementioned, And cause the said Statute (against the said Refiners, &c.) to be strictly put in exe_cution. And such course to be presently taken, that the penalties there_upon may be recovered against such as are or shall be found offendors a_gainst the said Statute.

W. BECHER.

IN prosecution of the aforesaid Order, and to bring the Offenders to Justice, by order of Mr. Secretary Cook and others. Mr. Alexander Jackson, the sworne Assay-Master of Goldsmiths Hall, was commanded to make true Assay of an hundred and twelve several parcels of Gold and Silver lace, Spangles, burnt Silver, some of this silver Lace and Thread, holding in Cop_per above foure ounces on a pound Troy, some 6d. 3d. 2d. worse then sterling upon the ounce. This was done in April 1635. And in May 1639. all these parcels of Silver Lace, Purles, Spangles and Thread, made and reported by the abovesaid Mr. Alexander Jackson, for which service I paid him five pounds, as I have his Receipt and Assayes reported under his hand, who is now living, a Gentleman of great experience and credit, and can justifie upon his Oath these several parcels of Silver Lace, being all under sterling; And I have it Attested under several hands, that these parcels of Silver Lace was made, uttered, and sold against the Lawes of the Kingdom, and contrary to the Oath of every Freeman of London, every Freeman work_ing any Gold or Silver, doth or ought to sware to work no Silver in any Ma_nufacture but sterling, nor no Gold in Manufacture under Crown Gold, that by the Law all persons offending ought to be Indited, and stand in the Pillory, and be fined at the Pleasure of the Justices at the Sessions, and find Sureties for their good behaviour.

I caused some of these offendors that made Silver Lace, Wire and Thread, with a Core of Copper, to be set in the Pillory in Cheapside, and fined at the Sessions, and caused twenty men to run out of the City of London, beyond seas, for selling Silver Lace mixed with Copper, This Sir George Sands knoweth to be true, his brother being cozened here in London with a great parcel of Silver Lace mixed with Copper, which he paid for as good Silver.

If your Majestie had not pardoned these Abuses, I could set down the par_ticular names, and mark them to posterity with a black Impression, of both Silkmen, Wiredrawers, and others, with the number of about fifty Shop_keepers, who sold these hundred and twelve parcels of course counterfeit Lace, Spangles, Thread, Wire, for good Silver, and the year and day they did it, with good witnesses to prove it, which had they their due, by the Law they ought to stand in the Pillory, and make fine and ransome to your Majestie. But I hope for their amendment; yet if required, I can produce to your Maje_sties most Honourable Privy Councel their Names with witnesse. &horbar At the Sub-Committeeof Parliament, appointed to take in_to consideration the several petitions of the Refiners of gold and sil_ver, the Gold Wyer drawers, the Hand-Spinners with the Charie and Spindle, and the Wheel-spinners, and of Thomas Violet of London, Goldsmith, for the due regulation of the Manufa_ctures of Gold and Silver wyer and thread, purle, oaes, plated wyer, spangles, and Copper wyer and thread, &c. to prevent the former abuses practised in the said Manufactures: and to prohibit the culling, and melting down the currant Silver coynes of this Nation for the future.

WE have called before us the Petitioners, and have several dayes heard this businesse, and upon consideration had, we do offer as followeth.

1. Forasmuch as it appeared unto us, that several great abuses have been, and are daily committed in the culling, and melting down of the currant silver coynes, of this Nation: It is therefore offered, as our opi_nion, that his &horfill; and the Parliament, take strict order, by Procla_mation, or otherwise, to restrain the melting down of the currant coines of this Nation, for the making of these Manufactures, or any other ma_nufacture whatsoever. We have had presented unto us four Proclama_tions, two of them in the time of the late King James his Reign, and the other two in the time of the late King Charles: which Proclamations we have perused, and do find in all of them, that the melting down of any of the currant Coines of this Nation is forbidden, upon strict penalties to be laid, and inflicted upon the offenders.

2. It is also our opinion, that it would be good and benificial to this Commonwealth, if his &horfill; and the Parliament would be pleased to take order to prevent the daily abuses practised by Artists, in the ma_king of these manufactures aforesaid; And for the discovering of these frauds for the time to come; And for that end and purpose to appoint a sworn Surveyor, with a Seal, for the sealing of all gold and silver thred, and copper thred, and to appoint punchion irons to be made, to mark all gold and silver wyer, that shall be imployed or spent in any the said manufactures: And the Surveyor, Assayer, or Sealer, to put in good se_curity to his &horfill; in the Exchequer, in the sum of 1500l. to warrant all the manufactures sealed, surveyed, and marked, to be good silver and gold, according to the standard, and well and duely made; the silver and gold thred to contain five ounces Troy to a pound weight Venice, which is Eight Ounces Troy, and one fifth part: And that no gold or silver wyer or thread, shall be hereafter made and sold, under ster_ling, or before the said gold and silver thread, or wyer, be viewed, and sealed, or stamped, upon pain of forfeiture of the same to his &horfill;: And that strict order and command be given, that no person, or persons, do counterfeit the aforesaid Seal, or stamps which are to be ap_pointed by his &horfill; or the Parliament. The late King, to prevent the aforesaid abuses, in the eleventh year of his reign, by Proclamation appointed the Rose crowned, to be the seal, for sealing this manufacture of gold and silver thred; and for the copper gilt, and silvered thred, the seal appointed was the Lion crowned.

3. We offer it as our opinion, that all gold and silver thread, which shall be hereafter made, shall hold a due proportion of silver to silk: viz. no gold or silver thread be for the time to come made, under five ounces Troy, of sterling silver, to a pound weight Venice, upon pain of forfeiture of all the aforesaid manufactures, which shall not be wrought according to the aforesaid rule. But every work-master, and other persons whom_soever, are allowed to put in as much more silver as he or they please. And this rule being duely observed, will prevent all slight making of gold and silver thread: which will save the State in the Bullion of this Nation, many thousand pounds a year, which is now brushed and blown away, and comes to nothing.

4. We offer it, as our opinion, that the Office of Surveyor, Sealer, or Assayer, may be in one person, to be responsable to the Common_wealth, for all abuses in sealing sleight and adulterate silver thread, or marking course silver Wyer, under Sterling; to avoid putting and post_ing off one from another, the abuses, when they are found, either of course silver wyer, or of course gold or silver thread, made under Ster_ling, or not justly made, with five ounces of silver, Troy weight, to a pound Venice; That so the office being in one person, all persons wrong_ed may know certainly where, and to whom they may come for their remedy, for all silver thread that is sealed, or silver wyer marked or stamped in the office, & which shall be found course and adulterate, or un_der Sterling, the officer to be bound to make it good, and pay the damage.

5. That the Sealers or Surveyers, shall cause all the silver imployed for these manufactures, to be duely assayed in the Barr, or Ingot, or in the hanck of wyer; and that true Registers and Entries be kept of the same, both of the quantity, and finenesse of every bar of silver, or hanck of Wyer disgrossed for these manufactures. And that the State may have a just account what silver is spent in this manufacture yearly: to that end, all Barrs and Disgrossing Irons, be brought to one place: as the late King by his Proclamation settled this manufacture, in the ele_venth year of his reign.

6. That all gold and silver thread shall be made up in skeynes, and not on quills, according to the rules in the late Kings time; as appeares by the Proclamation in the eleventh year of the late King Charles. And that at one end of the skeyne there be put the workmans mark, and at the other, the Surveyors mark, or seal, to testifie the goodnesse thereof. And that all Master-workmen bring in their names, and their abiding places, and work-houses, and their seals, or marks, to be hung up openly in the office, as was formerly done in 1635. in the Office in Little Brit_tain, upon the penalty and pain of 200l.

And that the Surveyor and his deputies, may be impowered to make searches so often as he shall find occasion, to see all the workers of these manufactures, make good, and warrantable gold and silver thread and wyer, for all the said manufactures; and to seize all course and adulterate and slight manufactures aforesaid, for the use of his &horfill;, where they shall be found false, or adulterate, or not a due proportion of sil_ver to silk; or any person, or persons working these manufactures, whose name is not registred in the Office. We leave it to his &horfill; and the Parliament, to set down what proportion of the seizures shall go to them that discovers the same offenders, for their encou_ragement.

7. Whereas upon hearing all parties concerned in the making of gold and sil_ver thread, and upon due consideration of the same, finding that the use of the Wheeles in making the said Manufacture of gold and silver thread, is of great prejudice to the Commonwealth, in the making of slight, false, and counterfeit ware; and to the utter undoing of ma_ny thousands of poor Hand-spinners, who make the said Manufacture with the Chair and Spindle: It is therefore the opinion of the said Com_mittee, that the making of the said Manufacture by the Wheeles, be totally supprest.

8. Forasmuch as this Committee are satisfied, that a great number of servant Maids leave their services, and betake themselves to the Trade of silver-spinning, lying in private chambers; not only to the impoverish_ing of themselves, but also of those who have been long exercised, and brought up in the said Trade, to the utter ruine of the poor people who have served apprentiships to this Trade, and their families: It is there_fore offered as the opinion of this Committee, that from henceforth no person, or persons, either men or women, exercise the Trade of making this manufacture, but such who shall have served the terme of seaven yeares apprentiship to the said Trade, or have been exercised in the same for the terme of seaven yeares last past.

9. We offer, that no gold or silver lace, or other the manufactures afore_said, be made up, or mingled with any Copper gold or silver thread, wyer, or plate, under the penalty of one hundred pounds, And that no person using, or making any copper gold, or copper silver wyer, plate, thread, spangles, oaes, or any other the manufactures aforementioned, shall at the same time, make, utter, or sell any right gold and silver, under the penalty of one hundred pounds. And we do like_wise think it necessary, that all copper wyer being silvered, or gilt, be disgrossed all at one place: and the copper thread to be sealed with a seal to be appointed by his &horfill; and the Parliament; and the Sur_veyer of the silver thread to be keeper of the seal for the copper; as was formerly done by the Regulation in the 11th. of King Charles.

10. We offer it as the opinion of this Committee, That whereas the Refiners and Wyer-drawers have desired a Corporation, to regulate their their Trade, and the numbers, and that interlopers, and such as have no right to the trade, may not pester their profession; these interlopers working unduely in corners: I humbly beseech your Majestie to mark well this 10. head. We conceive a Corporation granted to them, with several restrictions, for the just, and due Regulation, may be very serviceable to the Commonwealth: and some of these Restricti_ons we here set down, the rest we leave to be added. 1. That this Trade never get a licence to cull, or melt the coynes of the Nation, for making their manufacture. 2. That they may not work any silver under the Standard. 3. That they may not work gold or silver thread with lesse silver then five ounces Troy weight, to a pound Venice; for the thin plate of silver to a great body of silk, being laid on a garment, the silver is brush_ed, and rubbed away, and there remaines very little silver to the melting_pot: and by this fraudulent practice, an incredible sum of silver is wast_ed yearly, as hath been affirmed to us by Artists, above thirty thousand pounds a year, which by this Regulation, of putting five ounces Troy of silver, to a pound Venice, will be saved in the stock of the Nation: and the lace will last four times as long, and the silver will return all to the melting-pot. It is our opinions, that his &horfill; have yearly the weight and true value, and finenesse of the Standard of all gold and sil_ver daily imployed, or spent in this manufacture, as they register in the mint and Goldsmiths-Hall, the true weight of the plate and moneys; and this Register shall be kept and delivered in yearly, by the Sealer and Assayer of this manufacture upon oath. And we offer it as our opini_ons, That if the State will have any good to come of this Regulation, and to be justly and faithfully served; then the place of Surveyer, or Sealer and Assayer, must never be put into the hands of any person that is a trader in these manufactures; but such a one as hath skill, and is no trader in these manufactures, for if he once be a trader, during the time he is Surveyer and Sealer; he will be his own carver, and then he will have a great temptation to be corrupt.

11. We find, upon several dayes examination of this business, concern_ing the Regulation of these Manufactures, Mr. Thomas Violet, who is under sequestration, who formerly was Surveyer and Sealer in the late Kings time, and hath prosecuted this business for many yeares, to have a due Regulation of these manufactures, to be a person very active, and know_ing in every part of the mystery of these manufactures. He hath present_ed unto us by proof, attested under several mens hands, the general a_buse that was in London, in the deceitful making these manufactures, and selling them for good silver, when they were all course and adulte_rate; which caused the late King and his Council in 1635 to settle that Regulation.

And we are all of opinion, that there is an absolute necessity, for the service and advantage of the Commonwealth, to prevent the frauds daily practised in the making these Manufactures, that such an office and Officer, for the sealing, marking, surveying, and assaying all the a_foresaid Manufactures, be appointed, and settled for the time to come: and the said Officer to warrant these manufactures to the wearers, and Nation in general: and to put in good security in the Exchequer for doing the same, in the summe of fifteen hundred pounds, to have this course taken. We hold it very fit and necessary, for the prevention of all the aforesaid abuses, now put on this Commonwealth. And the un_dertaker ought to have all encouragement in this businesse, being a con_siderable service done to the Nation; most especially to such as wear gold and silver lace, All which we submit.

16. June, 1667. This is a true Copy of the several Votes of the Sub_Committee, to whom the Petition of Mr. Tho_mas Violet was referred. Which votes were signed by Mr. Dunce, Mr. Moody, and Mr. Clark. John Martin Clark to the Committe for Trade.

&horbar To the Right Honourable, the Parliament of England, &c. The humble Petition of Thomas Violet.

Humbly Sheweth,

THat your Petitioner represented the 1. April 1659. unto the Parliament then sitting, that daily great quantities of heavy currant Silver Coines of this Nation, were melted down for the making Gold and Silver Wyer, Lace, Thread, Ribbons, Spangles, &c. to the great wast of the stock of the Nation; by which evil practises many mischiefs, cheats, and damages are intruded upon this Common-wealth, which ought strictly to be prevented, and most especially in this conjuncture of time, having wars with Spain, and the springs of Silver which used to flow in to us by Trade, now stopped.

That great quantities of Gold and Silver Thread, and Lace, is slightly, and unduely wrought, to the great deceit of those that weare the same, as your Petitioner hath proved in many particulars to the late Committee of Parliament for Trade, to whom that businesse was referred.

And they upon many daies Examination, and full hearing of all parties, as by their Certificate of the Committee of Trade hereunto annexed, may more fully appear; have certified the daily great abuses by the false, and deceitful making Gold and Silver Thread and Wyer, the wearers being daily cozened, both in putting into their Silver Thread a slight proportion of Silver to silk, whereas they should make good silver Thread to containe six ounces fine silver, and two ounces of silk to one pound Venice of Silver Thread, and five ounces fine silver, and three ounces of silk to the slightest Silver Thread, that ought to be made.

Now great quantities of Gold and Silver Thread and Lace, is dayly sould, which containes five ounces Silk, to three ounces Silver, and four ounces Silver to four ounces silk; and many times this Silver Lace is not onely slightly and deceitfully made with a lesse propor_tion of silver to silk, then it ought to be, but also is made under sterling silver, being mixed with Copper, and the silk false and de_ceitfully dyed, which makes the Lace turne black and tarnish, and spoiles the Garment of all persons that weare the same, assoon as any wet or aire comes to the Lace.

Your Petitioner (the last Parliament in June, anno 1657. produced Mr. Alexander Jackson, the sworne Assay- Master of Goldsmiths Hall, before the Committee for Trade, who being examined, confessed that at one time, in the compasse of a few weeks, he made Assay of above one hundred several par_cels of Gold and Silver Lace, Thread, Spangles, Wyer, which was bought up in several Shops in London, and brought to him by your Petitioner and others; all which silver Manufactures was sould for good Silver, and upon the Assaies every several parsel was found course and adultrate, under the Standard, as is attested under the hand of Mr. Alexander Jackson sworne Assay-Master for the Company of Goldsmiths, which Certificate your Petitioner hath rea_dy to be produced for your Honours view.

It is certified by the Committee of Trade 16. June 1657. that they find it affirmed to them by several Artists, that by the slight making of Gold and Silver Thread and Lace, there is above thirty thousand pounds a year wasted and spent in this Nation, which by a due re_gulation of enjoyning all persons to put at least five ounces fine sil_ver to the pound Venice, this Treasure would all be saved in the stock of this Nation, and the Lace will last four times as long, as it now doth, and not turne black, and the silver return all to the melting Pot; for great quantities of Silver Lace that is now sould, the buyers are cozened both in the finenesse of the silver, being mixed with Copper under Sterling, or paying for silver when they buy silk heavy dyed, having many times a third part silk, more then ought to be put into the silver Thread, were it duely made, according to the former Rules 1635. to 1641. The late Sub-Committee for Trade, made so large a progress into this businesse, finding it to be of great con_cernment, spent many daies to finish their Report, and have certifi_ed the several frauds practised in the making all these Manufactures of Gold and Silver Wyer, Thread &c. And have set down Waies and Rules for the preventing the like abuses for the future.

Your Petitioners most humble prayer is, that this High Court would be pleased to finish so good a work, and perfect the Regu_lation of this Manufacture for the future, and that a Law be made, that none of the currant silver Coines be hereafter melted for the making any of these Manufactures: that no Gold or Silver in Wyer or Lace, be put to saile under Sterling: that no Gold or Silver Thread, hold or containe lesse silver then five ounces silver to be at the least Sterling, upon severe penalties, besides the defaceing of the Materials.

And that your Petitioner be commanded by the Parliament, to see to the due Execution, and to receive such fees and allowances, as he is authorized to take by his Patent under the great Seale of Eng_land.

And your Petitioner shall pray, &c.

This pretended Parliament referred this Petition to a Committee, and shortly after were forced, and dissolved by the Army. The Rump Parliament succeeded them, and promised to reforme these a_buses, but did nothing but promise and delay. His Majesty returning for England, upon whose blessed arival, your Petitioner made this following Petition, and had this gracious Refer_ence to the Right Honourable the Lords Commissioners of the Treasury: The original Petition is in the custody of Sir Philip Warwick, and followes, viz. TO THE KINGS Most Excellent MAJESTY, The humble Petition of Thomas Violet, of London, Goldsmith,

Humbly sheweth,

THat your Petitioner being commanded by your Majesties Royal Father, in 1643. to bring up his gracious letter to his City of London, directed to the Lord Mayor, Aldermen, and all other his well affected Subjects of that City, which letter your Petitioner did bring up to London, and was for so doing, committed to the Tower, by order of Parliament, where he re_mained four yeares, and for 92 dayes of that time, kept close prisoner in a dismal place, little better than a Dungeon: in which time of confine_ment, your Petitioner expended above 700l and the Parliament seque_stred your Petitioner of all his estate they could finger, to the value of 11000l. and being taken out of all his imployment, to his damage of a_bove 20000l. and could never obtain any part of his estate, to his total ruine, without your Majesty in your mercy relieve him. Your Petitioner prostrate at your Majesties feet, presents to your Majestie, the great seve_rity of your Petitioners sufferings, there never being the like sad president in the Nation, during all these distracted times, that a man for bringing up a letter of peace from his late Majesty of glorious memory, should be rui_ned for obeying his Majesties commands; the only cause of your Petitio_ners sequestration and ruine being for so doing.

That upon complaint made by several persons, that great quantities of the currant heavy silver coynes and plate in this Nation is daily melted, and wasted, for the making of the manufacture of gold and silver thread, wyer, and lace, to the great waste and destruction of the stock of heavy English money, and great quantities of gold and silver transported with_out licence.

To prevent these abuses, your Majesties Royal Father, by the advice of his Privy Counsel, did grant unto your Petitioner for three lives, and the longest liver of them, the 7th. day of September, in the 14th. year of his late Majesties reign, a Patent under the great Seal of England, for the re_gulating the aforesaid abuses; and granted to them, and the longer liver of them, a Seal, being the Rose and Crown, with a prohibition to all per_sons, not to presume to counterfeit the same: Which Seal was for the sealing of all gold and silver thread, which they found upon Assay, Survey or Tryal, to be made of good silver, with a due proportion of silver to silk. And your Petitioners had by Patent for two lives, four pence the pound weight Venice, for warranting all the aforesaid gold and silver thread to be good silver, at least Sterling, according to the Standard of this Nation. And thereupon being made up in skeynes, we were to put the aforesaid seal upon it: and by their aforesaid grant, we were upon the drawing and disgrossing of all gold and silver wyer, for the making of spangles, oaes, purle, or gold and silver thread; upon the assaying of the said wyer at the bar, we were to register the weight and finenesse: and thereupon your Petitioner to receive one half penny an Ounce for all wyer employed in any the aforesaid Manufactures; and your Petitioner was impowered to receive all duties imposed, laid, or to be laid upon any the said manufactures. Upon consideration of the said Fees, your Petitioner is bound in the Exchequer with good security in 1500l. that all silver as_sayed, sealed, marked, or surveyed, as aforesaid, was to be fine silver, at the least as good as sterling: Whereas many yeares your Petitioner regula_ted this manufacture, and caused the same to be as exactly made, as the coyne, or plate of this Nation, till these sad troubles, when the Parliament sequestred your Petitioner.

Your Petitioners humble prayer is, That your Majesty would be pleased to recommend to the Parliament, or to your Majesties Commissioners of your Treasury, the restraining of the melting of the currant silver coynes of this Nation, for the making of any the aforesaid manufactures, and against transporting gold and silver, and for the due paying of the duties and fees, according to the aforesaid Letters Patents: Which will prevent the abuses daily practised and committed: and these manufactures shall by your Petitioner for the future, be warranted to be good to the wearers, or to pay all dammages to the parties grieved, according as your Petitioner cove_nanted in the said Letters Patents. And in regard of your Peti_tioners great sufferings and losses, for doing your Royal Majesties Fathers service, as aforesaid; That your Majesty gra_tiously pleased, by patent, to make your Petitioner one of your Ma_jesties Auditors for the impresse, with the same fees as Au_ditor Beale and Auditor Bingly formerly received: or one of the Tellers of your Majesties Exchequer, with the usual fees: or that your Majesty would be gratiously pleased to appoint your Petitioner some Office in the Custome-house, or Excise; your Petitioner (by the blessing of God) and his own industry and ex_perience, will improve your Majesties revenue in the said Offices.

And as in duty bound, your Petitioner shall pray for your Majesties long health and happinesse.

&horbar At the Court at White-Hall, 27. June 1660.

HIs Majesty being very sensible of the Petitioners Loyalty, and suf_ferings, is Gratiously pleased to refer the Consideration and Examination of the Assertions in this Petition, to the Lords Commissioners of his Majesties Treasury, who are accordingly to inform and certifie his Majesty what their Lordships conceive fit for his Majesty to do for relief of the Pe_titioner, as is desired: and then his Majesty will Declare his further Pleasure concern_ing the Petitioners humble request.

ROB. MASON.

This Original Petition and Reference is in the Hands of Sir Phil. Warwick. TO THE Right Honourable the Lord High Chan_cellour of England, the Lord High Trea_surer of England, the Lord Privy Seal; the Lord Ashley Chancellour of the Ex_checquer being all of the Committee for removing the obstructions of the Mint. The humble Petition of Thomas Violet Goldsmith,

May it please your Lordships,

WHen I first left this aforesaid Petition with Sir Philip Warwick, I was commanded by some of your Lord_ships, to bring into the Lords of the Council a draught of a Proclamation against transporting of Gold and Silver, which I did, which begat a di_spute at the Council of Trade, and a Certificate from them, for the Merchants to have free liberty to Export Gold and Silver without Licence, to have a free Market.

Whereupon I thought my self bound by my Allegiance, consider_ing how much it did import the honour, safety, and welfare of his Ma_jesty, and the Lords of His Privy Council, who by the Law can only grant to the Merchants upon their Petition and just Reasons shown, leave to transport Gold and Silver out of the Kingdome; and I know the mischiefs which might come to the Kingdome, if this great trust were left to the Merchants.

I did humbly (according to my best abilities) state the Kings right, and His Privy Councils by the Law, to have the only liberty to di_spence with the Statutes against transporting Gold and Silver; which Reasons was opposed by some Honourable Gentlemen of the Council of Trade, before his Majesty and His Privy Council.

Sir George Downing and others, humbly pressing Arguments for to have that Royal Flower of the Crown, and to leave it free to the Merchants and others, to transport Gold and Silver.

Your Petitioner being commanded by his Majesty to give Sir George Downing an answer, I was necessitated to make a further Reply; and his Majesty was graciously pleased not to part with so great a power and trust to any other, then as the Law had invested it, his Majesty and His Privy Council being soly the Judges to restrain, or licence the trans_porting Gold and Silver, according as they in their wisdoms thought fit.

And since in the persuance of removing some obstructions in the Mint, his Majesty hath set forth three Proclamations, one against transporting Gold or Silver without leave from his Majesty; the o_ther setling the Rule of the currant Gold Coine of this Kingdome; and the third decrying down after a certain Day, all Gold and Silver Coines that have been made in England since 1640. by any authori_ty whomsoever, without his Majesties, and His Royal Fathers War_rant and Proclamation to make them currant. I ever held it my duty to do the Kings Majesties business first, and when that was done, humbly to present that which hath rela_tion to my par_ticular interest; & having obey_ed some of your Lordships com_mands to give the Merchants a reason, why His Majesty could not trust them with the power to transport mo_ny, but with the inconvenience of the whole Kingdom in ge_neral. Having done the Kings business, I now humbly come to your Honours to have the Execu_tion of this a_foresaid office, to Regulate Gold and Silver thread which I have granted unto me under the great Seal of England for two lives.

May it please your Lordships, your Petitioner being intrusted with the Officers of his Majesties Mint, and commanded by some of your Lordships to draw the draft of the Proclamation the 10. of June in the thirtenth year of his Majesties Reign: He intreated the Officers of the Mint to speak with Mr. Attorney General, concerning the great a_buses committed by the Corporation of Wiredrawers, in the adultrate, false, and slight making of Gold and Silver Lace. And so insert it into the Proclamation, that the Kings Majesty, with the advice of his Privy Council, would take speady Order therein. The words are, Viz.

That whereas there is daily a great consumption of the heavy currant Silver Coines of the Kingdome and Bullion, in the unlawful making Gold and Silver Wyer, Thread, Spangles, Ooes, Purles, and Lace of course Silver under Sterling; His Majesty doth intend in due time, to take such strict course, as shall reduce the makers of these Manufactures into such Order, that all the a_buses formerly put on the Subjects, shall for the future be prevented, and these Manufactures of Gold and Silver duly regulated and assayed, according to the Lawes of the Kingdome.

May it please your Lordships, This Clause in his Majesties Procla_mation, gave the Alaram to some persons that are Wiredrawers, to in_gage some worthy Gentlemen to be instrumental to procure the Wire_drawers a Corporation from his sacred Majesty: and a draught of the Corporation being presented to the Wiredrawers by some persons, who do undertake to use their endeavours for to obtain a Corporation for them, the model presented was not liked by the Gold Wiredrawers: Therefore the Gentleman desires the Gold Wiredrawers, that they would alter the model of their Charter of Corporation as they pleased; and he would endeavour to get from his Majesty the Corporation according as the Wiredrawers would have it; for which the Gentleman covenants with the Wiredrawers to have from them one half penny the ounce for all Silver Wire imployed to make Lace or Thread, &c.,

May it please your Lordships, this Gentleman that would be tamper_ing to get a Corporation for the Gold Wiredrawers of London, doth not know the former passages and proceedings in Parliament touching this very Trade, and the Workers, being Gold Wiredrawers.

About the year 1618. one Sir John Michael, and Sir Giles Monpersons together with the then Attorney General, which I take it to be Attorney General Elverton, combined together, and for a some of money, procu_red the Gold Wiredrawers a Corporation by sinester information to King James, which Corporation was complained of the next Parliament as a great abuse, and cozenage of these Wiredrawers of the Kingdome, openly shown to the Prince, and Lords, in the House of Lords, and by Act of Parliament their Corporation was damned, Sir Giles Monpersons, Sir John Michael being sentenced by Parliament for this Corporation, the Attorney General hardly escaped: I humbly referre my self to the Records of Parliament; which may be a warning for any, to have a care what they do, in going about to get these Wiredrawers a Corporation, let them remember Sir Giles Monpersons.

May it please your Lordships, your humble Petitioner hath his Maje_sties Royal Fathers Grant under the great Seal of England, Dated the 7. of Sept. in the fourtenth year of his Majesties Royal Father Reign, for two lives yet in being, his own life, and another, and the longer liver to warrant all these Manufactures to the wearers, and to receive one half penny the ounce upon all Wire Assayed or Sealed; and four pence the pound Venice for Gold or Silver Thread for sealing it, and warrant_ing it to the wearers to be good, with a due proportion of Silver to Silk; which his Majesties Royal Father gave to your Petitioner for two thous_and pounds his Majesty owed your Petitioner, for all his service and charges in spending above two thousand pounds to cause the transporters of Gold and Silver to be fined in the Star Chamber, and sentenced by the Lords, such Persons and such Fines set upon them as followeth, 13. Caroli. in the Star-Chamber. viz,

Charles Frank 4000&lsup; Robert Ellis 4000&lsup; Isaac Romeere 3000&lsup; Jacob Delew 1000&lsup; Roger Fletcher 1000&lsup; Rich. Cockrem 1000&lsup; John Parrat 2000&lsup; Peter Herne 2000&lsup; John Terry 2000&lsup; Timothy Eman 2000&lsup; Isaac Brames 1000&lsup; Henry Futter 500&lsup; Henry Sweeting 500&lsup; John Perrin 100&lsup;

The totall of the said Fines amount to the summe of 24100&lsup;.

At this day there wants a high Court of Star Chamber, to punish the transporters of Gold and Silver, and some Goldsmiths that furnish them with gold. This sentence did this good in the City of London, that for seven years after, from 1635, to 1642. that the Merchants were affraid to transport Gold or Silver; and the Mint constantly was kept on work, till these late troubles that overturned all things. I shall humbly de_sire that your Lord_ship would be pleased to take no_tice, that though his Majesty by his Proclamation hath called upon Gold, a twenty shilling piece to go for 2 l shillings 4 pence, and so ra_tably: yet some goldsmiths do take the bouldness to give 21 shillings 8 pence, 21 shill. 9 pence, and 21 shillings 10 pence. And this Gold is bought up by the Sectaries, either to transport, or else to hoard up for some bad design: His Majestie and your Lordships had need to be vigilent over these Fanaticks, they are daily working & hatch_ing, God grant this; Cockatrise be watched.

Your Petitioners humble prayer is, that by your Lordships Justice for his Majesties service, this Manufacture be put under some strict Rule and Order, and that nothing may passe under your Lordships hands that may prejudice your Petitioners Grant which he hath under the great Seal of England, for the regulateing the said Manufacture.

1. I have humbly to recommend to your Honours great wisdom, the due consideration of these several following Heads, and humbly leave them at your Honours feet; and though they may not please the Wire_drawers, yet I am sure they be for his Majesties service. It is true, there is twenty thousand souls in London, live, and have dependance on this Manufacture, and that made King James and King Charles suffer this Manufacture to be made here.

2. My good Lords, it is worthy of consideration, the great damage his Majesty sustains in the losse of his Customer, the losse and preju_dice of his Majesties Mint, by suffering the Silver after it is imported into this Kingdome, to be made into Silver Lace, &c. to be diverted from Coyn, which would pay a duty of coynage, and augment the stock of the Kingdome, which is now converted into this Manufacture: the valew imployed in Gold and Silver yearly, is about one hundred thou_sand pounds a year in Gold and Silver Lace, Wire, &c. which was it con_verted into Coine every year, and so passed between men, would drive a million for commodities a year in Trade, to the great improvement of the Kingdome by Commerce and Trade.

3. That upon calculation it will be found, the King in point of Customes and other Profits, loses above ten thousand pounds a year, by suffering this Manufacture to be made in England, as will appear upon calculation of his Majesties Book of Rates of his Customes.

4. That at this day there is no Excise laid on this Commodity, which un_der favour, humbly submitting to your great wisdomes, is a Commodity may bear an Excise as well, and better, than almost any thing in the Kingdome: gold and silver Lace is a superfluity, and it is the wearers payes the Excise, not the Silkmen, Wiredrawers, or other Tradesmen: this Trade his Majesty doth allow in favour of the poor women Spinners, and other poor people, that are above twenty thousand souls, who only have their livelyhood from this Manufacture, or else for the reasons aforesaid, it would not be allowed to be wrought in England.

5. Therefore my humble Petition to your Lordships is, in regard your Lordships are of the Committee for the removing the obstructions of the Mint, that your Lordships settle such an Excise on this Manufacture, at the least two pence the Ounce, being so much as his Majesty loseth in the coynage of the same, to be approved and confirmed by the Parliament, for and towards his Majesties losse in His Customes, and in his Coynage, by suffering this Manufacture to be wrought in England.

6. That your Lordship would Order for the future, that no inferiour persons, as Servants, Maids, and other mechanick People, shall weare gold or silver Lace, it being an abuse to persons of honour, men and women, to have mechanick People and Servants to weare Gold and Silver Lace.

7. That your Lordships would be pleased, for the service of his Maje_sty, and good of all the wearers of gold and silver Lace, which are the Nobility and Gentry of the Kingdome, to require the Company of Gold_smiths to consider of such waies and means as they can adde, or alter, either out of the former Regulation setled by his Majesty 1635. or out of their own knowledg and experience by any other Way or Rules, and to use all speed they can therein.

8. The Company of Goldsmiths have declared to me before a Court of Assistants, that they know there is many abuses in this Trade, and if they be required from his Majesty, or your Lord_ships of the Privy Council, they would be very ready and willing, humbly to consider of such Waies for the prevention of these abuses for the future: and upon your Lordships approbation or alteration of what they shall propound, that those Orders and Rules agreed upon by your Honours for the Regulating of this Trade, may be recommended by his Maiesty to be confirmed by Parlia_ment, and this will be a certain way to prevent these abuses for the future, when the restraints and punishments shall be setled by Act of Parliament,

And so as in duty bound, your Petitioner shall daily pray.

&horbar

THat after ages, and all true Englishmen may see the cruel op_pression I sufferd under, for being faithful to his sacred Majesty King Charles the first, for bringing up to London from Oxford to the Lord Mayor and Aldermen of the City of London, by his Majesties especial command to me, 1643. this his Majesties letter: which was, as followeth, To our Trusty and welbeloved, Our Lord Mayor and Aldermen of Our City of London, and all other our well affected Subjects of that City

C.R.

TRusty and welbeloved, We great you well. When we remember the many acts of grace and favour We and Our Royal Predecessours have conferred upon that our City of London,and the many Examples of eminent du_tie and loyalty, for which that City hath been likewise famous, We are willing to believe, notwithstanding the great defection We have found in that place, that all men are not so far degenerated from their affection to us and to the peace of the Kingdome, as to desire a continuance of the miseries they now feel; and there_fore being informed, that there is a desire in some principal persons of that City to present a Petition to us, which may tend to the procuring a good understanding between Us and that Our City, whereby the peace of the whole Kingdome may be procured: We have thought fit to let you know, That We are ready to receive any such Petition, and the persons who shall be appointed to present the same to Us, shall have a safe conduct; and you shall assure all Our good Subjects of that Our City, whose hearts are touched with any sense of duty to Us, or of Love to the Religion and Lawes established, in the quiet and peaceable Fruition whereof they and their Ancestors have enjoyed so great Happinesse, That We have nei_ther passed any Act, nor made any Profession or Protestation for the maintenance and Defence of the true protestant Religion, and the liberties of the Subject, which We will not most strictly and Religiously observe; and for the which we will not be alwaies ready to give them any security can be desired. And of these Our Gracious Letters We expect a speedy Answer from you. And so We bid you farewell.

Given at our Court at Oxford, in the 19. year of Our Reign. 26. De. 1643.

By his Majesties Command. George Digbie.

POSTSCRIPT

LEt any true English man consider of this his Majesties gracious Letter, and then remember the bloudy Tragedies that followed, for the sins of the Kingdome; and every honest man will say, the swaying party in that Parliament in Jan. 1643. were great Tyrants and Oppressers, or else they would never have kept me in a Dungeon, in the Tower, 928 dayes, and plundered and robbed me, to the value of eleven thousand pound, for bring_ing up this Letter from the Kings Majesty from Oxford, to the Lord Mayor and Aldermen of the City of London: but he is well kept, that God keeps. So I have ever just cause to say: and praise God for my miraculous de_liverance from those bloudy men. Thomas Violet. FINIS

|CLA |Y1678 AN Exact Account OF THE TRIALS Of the several Persons ARRAIGNED At the Sessions-house in the Old-Bailey For LONDON & MIDDLESEX. Beginning on Wednesday, Decemb. 11. 1678. and ending the 12&thsup; of the same Month. &horbar Licensed, Decemb. 18th. 1678. Roger L'Estrange. &horbar LONDON, Printed by G. Hills, and are to be sold by L. Curtiss in Goat-Court upon Ludgate-hill. 1678. At the General Sessions of the Peace, Sessions of Oyer and Terminer, and Gaol_Delivery of Nevvgate, holden for the City of London and County of Middlesex, Decemb. 11&th.sup; Anno Regni Caroli Secundi Regis 30. Annoque Dom. 1678.

THe Lord Mayor and three other Justices being sate, two Commissions were read, one of Oyer and Terminer, and the other of Gaol_delivery of Newgate; and after that the usu_al Proclamation for the attendance of those who had any thing to do there was made:

The Jurors for London, that had been Im_pannell'd and Summon'd, were called to appear, and the Defaulters Recorded; and the like for the County of Middlesex.

The Clerk Arraigned some of the Prisoners on London-side, whose Names and Offences were as followeth.

ARRAIGNMENTS.

1. Susan Banster, alias Green, Indicted for stealing of Goods to the value of 13l. To the Indictment she pleaded Guilty. She was one that had been Convicted before of Felony, and was to be Transported; but as she was going, committed this Theft.

2. Stephen Arrowsmith Indicted, for that he, the 7th. of July last, did ravish and abuse one Elizabeth Hopkins, an Infant, of the age of eight years, against the form of the Statute in that case. To the Indictment he pleaded Not Guilty, and put himself on the Countrey.

3. John Baltee Indicted, for that he, the 3. Decem. 1678. at the Parish of St. Bennet Fink, did steal a Silver Tankard of the value of 5l. from one Thomas Browning. He pleaded Not Guilty, and put himself upon the Countrey.

4. James Bateman Indicted, for that he, the 25th. of Novem. 1678. did steal a Silver Tankard of 5l. value, from one Nicholas Jackson. He pleaded Not Guilty, and put himself on the Countrey.

5. Hanna Henman Indicted, for that she, the 12th. Novemb. 1678. at the Parish of St. Edmund the King in Lumbard-street, did steal from Thomas Rutty seventeen yards of Venetian Silk, of 7l. value. She pleaded Not Guilty, and put herself upon the Countrey.

6. William Shakesby Indicted, for that he, the 4th. of Novemb. 1678. at the Parish of St. Sepulchres, did steal and drive away five Bullocks, colour black, of the value each of them 5l. and one Bullock colour Brindle, of 5l. value, of the Goods of William Lord Petr�. He confess'd himself Guilty of that and all other Of_fences within the benefit of Clergy.

Then the Clerk for Middlesex Arraigned some of the Prisoners in that County, viz.

1. Samuel Thompson Indicted, for that he the 4th. Novemb. 1678. did steal a Silver Cup, of the value of 20s from Thomas Halstead. He pleaded Not Guilty, and put himself upon the Countrey.

2. Mary Read Indicted, for that she, the 22 Novemb. 1678. did steal a Gold Ring of the value of 7s. from Stephen Higgins. She pleaded Not Guilty, and put her self upon the Countrey.

3. Margaret Wood, alias Alexander, Indicted, for that she the 7th. Octob. 1678. did steal from one Robert Lambert a Silver Cup, of the value of 9s. She pleaded Not Guilty, and put her self upon the Countrey.

4. Mary Hipkins and Jane Baly Indicted, for stealing some Li_nen of 30s. value, from Thomas Burdekin, 21 Nov. 1678. They both pleaded Not Guilty, and put themselves upon the Countrey.

5. John Leak of White-chappel Indicted, for that he the 16th. Novemb. 1678. did steal two Pieces of Broad-cloth from one Wil_liam Mackham, off the Tenters in Goodmans Fields, &c. He plead_ed Not Guilty, and put himself upon the Countrey.

6. Thomas Napton of Shoreditch Indicted, for that he, the 3d. Decemb. 1678. 40 yards of Broad-cloath, of the value of 16s. per yard, did steal from one Ralph Walford; and 20 yards more from one Anthrobus. To which he pleaded Not Guilty, and put himself upon the Countrey.

7. Anne Moundsel of Holborn Indicted, for that she the 4th. Nov. 1678. a Stuff Gown and Peticoat, and some Linen of small value, did steal from Mary Brasier. To this she pleaded Not Guilty, and put her self upon the Countrey.

8. Margaret Smith Indicted, for that she, the 17th. Octob. 1678. did steal six yards of Silk of a small value, two Silver Caudle Cups 3l. 10s. one Silver Salt-cellar 30s. one Silver Porringer 10s. four Silver Spoons 1l. 4s. a Livery Gown 3l. a Chamlet Cloak 30s. and 15l. in Money, from one Messinger. She pleaded Not Guilty, and put her self upon the Countrey.

9. John Johnson and Thomas Johnson Indicted, for taking away 950l. weight of Lead from off the Parish Church of Stepney, be_ing thereto fastned. To this Trespass they pleaded Not Guilty, and put themselves upon the Countrey.

Then the Grand Jury for London, coming in to bring in their Bills, were sworn anew, to enquire upon the New Commissions. Which being done, the Clerk for London Arraigned another Pri_soner, viz.

10. Joseph Brown, for that he, the 16th. Novem. 1678. at All_Hallows by the Wall, 100 yards of black Worsted Crape, of the va_lue of 8l. of the Goods of Richard Croke, did steal; which he con_fessed himself guilty of, and of all other offences within benefit of Clergy.

The Prisoners for London were called to the Bar to look to their Challenges, and the Petty-Jury were sworn, whose names follow: Francis Kenton, James Lapley, William Howel, Samuel Williams, William Salter, Richard Ketch, Nicholas Ridley, William Standen, Ralph Cook, William Whitwell, Joash Pateman, and Anthony Foster.

These 12 being numbred, Proclamation in the usual form was made for Information against the Prisoners at the Bar, and for Pro_secution from those, who by Recognizance were obliged to it: And those who were Impannelled fo the Jury, but were not sworn, were dismissed.

Then the Jury were charged to enquire of John Baltee, upon the Indictment before mentioned, whether Guilty or Not Guilty of stealing the Tankard of Thomas Browning.

To prove the Charge, one Elizabeth Web gave this Evidence, That the Prisoner at the Bar brought the Tankard to her house, and told her, he would either Pawn it, or sell it: And being asked whose it was, he said, It was not his own, but a Gentlemans hard by, who had sent him with it to Pawn or Sell. She looking upon the Tankard, saw the Name of the Owner, and the Sign where he lived, engraven upon it, to whom she sent immediately to know whether he had given the Prisoner Order to Sell it or Pawn it: and kept the Prisoner till he came, which when he did, he owned the Tankard, but denied the Prisoner had it with his Consent, and so they carried him before the Justice.

Browning the Owner of the Tankard deposed that he was a Cook, living behind the Exchange, that the Prisoner, the third of Decem_ber last, came in there with some other Persons to drink, and stole the Tankard, and confessed the Matter before Sir William Turner.

Sir William Turner's Clerk witnessed his Confession before Sir William, and that he said, he was a poor fellow and in distress, and so took it to relieve his Wants.

The Prisoner being asked what he could now say to it, denied that he took it out of the house; but said that a Man, whose name he could not tell, gave it him to pawn: he confessed his being at that House that day; but was innocent of Stealing the Tankard. But not being able to prove his affirmation, it was left to the Jury to give what Credit they would to them.

The next that was tried, was Hannah Henman for stealing Silk from Mr. Rutty a Mercer in Lumbard-Street.

The Witnesses were Neighbours, who deposed that the Prisoner with another Woman, went into Mr. Rutty's Shop, and there snatch'd up the Silk and went away. They followed them, and laying hold on the Prisoner, the other slipt from them and ran for it; but they found the Silk about her; upon which they carried her before the Magistrate, who Comitted her. She being asked what defence she could make, said the other Woman told her she had bought it, and gave it her to carry away; but could not produce the Woman, nor would tell the Name. Whereupon the Judge di_rected the Jury to find it according to so plain an Evidence; but because the man had his Goods again, left the Value to their Con_sideration.

The Jury then without coming from the Bar, agreed of their Verdict, which they gave in thus.

That, John Baltee was guilty of the Felony he was indicted for, And

That Hannah Henman was guilty of the Felony she was indicted for; but they found the Value to be but 9s.

After which they were discharged, and to appear at Three aclock in the afternoon, in their Gowns.

Then the Prisoners of Middlesex-side, were called to the Bar, and bid to make their Challenges if they pleased. The Jury then were Sworn, whose Names were, John Cane, James Sutton, James Harper, William Rider, William Hardy, Charles Pickering, William Thomson, Thomas Phelps, Stephen Lawrence, Thomas Cox, George Calcott, and John Burt.

Proclamation for Information, and Prosecution being made as before, they went on to the Trials of the Prisoners. And the first was Samuel Thomson, indicted for stealing a Silver Cup from Hal_stead, and Thomas Halstead the Owner of the Cup gave this Testimony against him.

That there came a Boy and the Prisoner together, and were walk_ing up and down the Street, and he sent the Boy into the Shop where no body was; the Boy takes the Cup which was in the Shop, and coming to the Door gives it to the Prisoner. And one that was com_ing by, seeing the Boy give the Man something, Cri'd out, upon which the Master of the House came forth, and being told what was done, run after them and took the Prisoner with the Cup, but the Boy was lost in a Croud of Twenty Boys more. That the distance of the Place where he was taken, from the House whence the Cup was Stollen, was about twice the Length of the Court. That he did not carry the Cup openly, but hid it under his Coat.

To this, the Prisoner said, he was coming by there, and the Boy (whose name he could not tell, nor had he ever seen him be_fore,) gave it him, saying he had taken it up by the Dust Cart, and that was all he could say for himself. Being asked what Pro_fession he was of, he answered a Shoomaker. Upon which weak defence the Judge told the Jury, they were to consider of the Fact and the Value, the Party having his Cup again.

The next with whom the Jury was charged was

Mary Read, for Mr. Higgins's Ring, against whom Stephen Higgins deposed thus.

That the Prisoner had been a Customer to the Shop for near a Twelve Month, and used to come with a high Crownd Hat co_vered with an Oyld Case like a Country Market Woman, and would ask for Rings of Just such a Value, and would have them no more nor no less. She said she lived at Holloway, and came almost every week to the Shop; but yet she never bought about two in all, she only would cheapen, and he lost a great many, which he believed she stole from him. The Saturday before this Ring was gone, she came to buy a hollow Ring, which she had, and paid for, all but nine pence, and then he lost a Ring. Upon Thursday following when she came, having a suspicion of her, he resolved to lay wait for her. She came and asked for a Ring of such a Value: He reach'd down a Box, in which there were Rings upon every Pin, and laid it before her, she pitch'd upon one, which being weigh'd, she said was too heavy. He, to give her an Opportunity, turn'd his Back, and she took hold on it, and put one into her Bosom. When he turn'd about he presently miss'd the Ring, and affirming the Box was full, tax'd her with it; but she denied it, and offer'd to be Searched. A Gentlewoman who was by, and had seen her put it in her Bosom, told her so, and she offering to undress her Self, they carried her into the Kitchin, and there opening her Bosom the Ring drop'd upon the Bricks in the Floor. And he said it was the Fifth Ring she had Stole from him.

The Woman testified her seeing the Prisoner put her hand to her Bosom, and that she heard it fall upon the Bricks, but did not see it fall. The Value of the Ring was Sworn to be Seven Shillings.

The Prisoner with a great deal of whining denied the thing, and that it was but a Trick of the Goldsmiths to make her pay for Rings he had lost. But the Court told the Jury, the Witnesses Othes were to outway her bare Allegations, and left the Matter to them, for the Value.

Then was tried John Leake, for the Cloth of William Mackham, stoln off the Tenters, against whom the Witnesses gave this Evi_dence.

Mackham Swore that he lost two and Twenty Yards of Cloth off his Tenters, part of which was found in the hands of Susan Rey_nolds, who said she had it from the Prisoner Leake, and other parts of it were found at the Dyers. He knew it to be his Cloth, and it was of a Popinjay Green Colour.

Susan Reynolds attested that he brought the Cloth to her, and desired her to lay it up for him till he called for it. That she knew him, because he had been with her Brother six or seven times at her house. That he told her he took up the Cloth to carry to Sea with him, and he found it in Good-mans Fields, he desired her to lay up part, which was found in her house, and to carry part of it for him to the Dyers.

The Prisoner, who was a Lusty Fellow and an able Seaman, said nothing; but that he found it, and being asked why he did not Cry it, he said he did not understand the way of it, but could give no Evi_dence that he found it. Therefore it was left to the Jury.

Thomas Napton was the next Prisoner, who was indicted for stealing Cloth from Walford, and Anthrobus, against whom this was the proof.

Ralph Walford testified that the Prisoner was a Polisher of Look_ing-Glasses, and wrought and lodged in a place adjoyning to the Room where their Cloth lay. One morning about five of the Clock he comes to Walfords house, and said that he had been Rob'd, that they had bound his feet with a Neckcloth, and his hands behind him with a Linen Stockin, and that after they were gone, he un_loosed himself, and unbound his feet, and rising, look'd what Cloth was gone, and went to the other man Anthrobus, and brought him to see what was lost; and there were found missing 2 Cloths of Wal_fords worth 8s. odd Money, and a long Merchants Cloth of An_throbus worth 9s. odd Money; that he let the Thieves in upon their knocking, thinking they had been the Persons belonging to the Warehouse; that he was not intrusted with the Custody of the Cloth, but permitting him to have a Key to it, and passage through it, they thought their Cloth securer for his lying there. That he would take a thousand Oaths, the Cloth was there that night. That he confessed he made no Outcry when he was before Sir William Turner.

Anthrobus swore he made such a like story to him, and said it was his weakness that he did not cry out; that his Wife was gone out that morning by Three aclock to washing, as she was indeed, and that the Thieves came about Four, and he came to them about Five; That he said, he himself had lost nothing unless 3 or 4s. of his Wives, and his Kettle, which Kettle he had lent to his own Son in Law, 2 days before.

The Son in Law to Walford speaks to the same effect, that he said they nubled him about the Head, and bid him go to bed, you old Dog, and then bound him; that being told by Walfords wife, it was more like to be Evenings Work to take away the Cloth, than Mornings, he reply'd, for ought he knew it might be so, for he was out in the Evening, but when he came in, he did not miss any of the Cloth, because he knew not what was there. And afterwards said, he blest be God he got no hurt, but they did beat their Pistols about his head; and before had said, he was almost killed. And the same Evidence the Woman gave. And upon these Circumstances, they suspected the Prisoner.

He denied the Felony, and told the story in Court himself; and being asked whether they could not have found Rope, or any more likely thing to bind him with, than the Stockin and Neckcloth, he said there was Rope enough, but it was not in the Room he lay in, but in the Warehouse: he confessed he said it might be the Evenings work, because he had been forth, and did not see what the Thieves carried away. That it was his weakness he did not pursue them, and for fear he durst not (though he could have done it) unbind himself till they were gone. That he appealed to the very Prosecutors, he had behaved himself honestly, wrought hard for his living, and was never taxed with the wronging any man of the worth of a Farthing. Which was acknowledged by the Witnesses.

Hereupon the Court left it to the Jury, whether upon these Cir_cumstances the Prisoner was guilty or not.

Jane Baley and Mary Hipkins, were next tried for stealing linnen from Mr. Burdekin.

Mr. Burdekin swore that he lost the goods out of his house where his Family is constantly in Seacoal-Lane. That his Maid could tell how.

She deposed, That she went out of her Masters house to fetch home a Child from School, and by a hole broken in the Window laid the key there, after she had locked the door; and she suppo_seth the door was opened by some that took the key out of the window, for she found it open when she returned, and that it was about four or five in the evening: and her Mistris told her, the little Dog barking very much, made some that were above-stairs come down, who found the door open, but no body there; and about half an hour after they missed the things in the Indictment. That the reason of their accusing these Women was, because one of the Shirts was offered to be pawn'd by Jane Baley at Cow-cross; and she being examined, said, she bought it of Mary Hipkins; whom also they took upon suspicion, but she would confess nothing to them.

Jane Baley the Prisoner said, That the other Prisoner Hipkins sold it her at a house called the Two Brewers, for 4s. and being af_terwards in want of money, would have pawn'd it. She could not produce any person that see her buy it, but she brought one Mary Burket to testifie, that Hipkins had said to her in her hearing, If she did not like her bargain, she would give her the money again upon her complaint it was too dear. And upon other discourse, Hipkins also was heard by her to say, That had it not been for a whiffling little Cur, she would have done her work better than she did.

All which the other Prisoner Hipkins denied, but had not the good hap to bring Evidence to disprove it, but had offered the Pro_secutor a Bond for Composition. Upon which the Court left them both to the Jury.

Anne Mounsdel was the next, who was accused for stealing the Goods of Mary Brasier, and thus it was proved.

Mary Brasier testified, That the Prisoner was by her permitted to lodge in her Room for 6d. a week; and one day pretending to send her out of a false Errand, with a feigned Letter into the Strand, to a person whom she could never find, and in the mean time robb'd her of a Gown and some Linen, and had got them quite away, if the Landlady of the house in which they both lodged had not stopp'd her, and taken her.

Eleanor Hasset, the Landlady, related her part of the Story thus, That the Prisoner got her Daughter to write her a Letter, upon promise of a Reward: That the Child told her, She suspected the Prisoner was a Thief, and that she her self thought so too; and thereupon watched her, and saw her put on the Gown, after she had sent the Woman out, and was going away with the Linen in her Lap. She went after her, and fetch'd her back, though she ran from her twice, and had her before the Justice, who committed her.

The Prisoner denied the Letter, or that she sent her out on her Errand; and said, That the Woman had lent her the Gown, and the Linen she was to have mended. But against the Positive Oaths of two Witnesses, her bare word the Court thought not a sufficient Counter-proof; however they left it to the Jury.

The next was Margaret Smith, for robbing one Messenger of some Sarsnet, and Plate, and Goods, to a very great value, and Money. Messenger, the Party robbed, deposed, That she lodged in his house, and in the time of Southwark-Fair last desired him, and his Wife and Kinswoman, to go with her to the Fair, where she would make them merry, and left her Maid at home; who when they were all gone, got the Apprentice to go for a Peck of Oysters, and in the mean time stole away the other things, all but the Silk. When they came home again, she asked for her Maid; and being told she was not within, she cried out, I pray God I be not robbed; and so going to look, they found they were indeed robbed, and so she pretended she was too. The next morning she would have gone out, but the Kinswoman would not let her go alone, because she had some jealousie of her; and so went with her up and down where she pretended to go see for her Maid, and to see among the Brokers Shops for the Goods: At last, when she was in a House at Houndsditch, she slipt from her, and was not seen, till a Friend of hers coming to Messengers house, undertook to find her out, and met with her. She led them another dance, by pretending to go and receive money, which she would fain have been per_mitted to do alone; but the Kinswoman telling her, she would not leave her, she continued with them, and brought them to a Pewterers shop, where being sate down to drink, the young Woman pull'd off her shoe to ease her foot, and the Prisoner took advan_tage of it, and ran away; but being overtaken, was committed to Prison. And as to the Silk, she had it on now at her Trial, which was left at the time of the Robbery.

The Prisoner denied any hand in the Robbery, and said, that she run away, because being not very rich, she was afraid of a Prison, which they threatned her with. That for the Silk, she did think it had been a Piece she had sent by her Maid to be Died, but could not prove it; nay had, after she came from the Fair, ac_knowledged to the Kinswoman, it was none of hers, but the Maids.

The Court examined her about her Quality and Estate. She said, She had a Brother, a Gentleman in the Countrey, allowed her 20l. a year, with which, and working to the Exchange, making Mounteer Caps, she maintained her self. But the Court asking her about her acquaintance with one John Spittle, now in Newgate for Felony, she could give no good account of it, which rendred them suspicious of her. However, not finding any thing sufficient to prove her Guilty of the Robbery, except as Accessory, they so directed the Jury, and that as to the Silk, of which there was ma_nifest proof, they should consider the value, being Dy'd Silk.

With the Charge of these Prisoners the Jury went out, and had an Officer sworn to keep them.

Then the Clerk for London Arraigned another Prisoner.

The Clerk for Middlesex Arraigned these following.

Edward Preston of Hamwel Indicted, for that he, the 6th. of Octob. 1678. did steal a Mare, colour black, of the price of 3l. from one Edward Mullet; to which he pleaded Not Guilty, and put himself upon the Countrey.

Anne Harris Indicted, for that she, the 17th. Septemb. 1678, did steal Goods of 10s. value from John Jones. She pleaded Not Guil_ty, and put herself upon the Countrey.

Richard Symel and Margaret Hutton Indicted; he, for that, the 2d. of August 1678. he did steal from Elizabeth Horner Goods to the value of 10l. and she as Accessory. Both pleaded Not Guilty, and put themselves upon the Countrey.

Then the Middlesex Jury return'd, and being agreed of their Verdict, the Fore-man gave it in thus:

That Samuel Thompson was guilty of the Felony, but the Goods were but to the value of 10d.

That Mary Read was guilty, but the Goods were but of the value of 10d.

That John Leak is guilty of stealing the Cloth off the Tenters.

That Thomas Napton is not guilty of stealing the Cloth of Mack_ham and Anthrobus, nor did flie for it.

That Jane Bailey is not guilty, nor did flie for it.

That Mary Hipkins is guilty of the Felony, but the Goods were but of the value of 10d.

That Anne Mounsdel is guilty of the Felony whereof she was Indicted.

That Margaret Smith is guilty of stealing the piece of Silk, which was but of the value of 10d. as to the rest not guilty; whereupon the Court ordered an Indictment to be drawn up against her, as Accessory to the other Felony, of which there was strong suspicion.

The Verdict being Recorded, the Court Adjourned till 3 a Clock in the Afternoon.

Post Merid. eodem Die.

After Proclamation for attendance, the London Jury were called, and the Prisoners to their Challenges; which being none, the Jury were sworn as before: And Proclamation for Information and Pro_secution being made, they were charged to enquire of these Pri_soners. First,

One White, of the Towre-Ward, was Indicted for Burglary; and acquitted.

The next that was tried was James Jackson, for stealing the Tankard from Nicholas Jackson, who deposed thus;

That he did believe that to be the man who came into his house, and called for a Tankard of Ale and a Toste, which when he had eaten and drank up, he called for another; which while I went to draw, the Prisoner clapt down a Pewter Tankard instead of the Silver, and goes away. That he was a Victualler, at the Sign of the Cheshire-Cheese in Thames-street. That he went to sell it to a Gold-smith, who upon examination found that it was his.

Which the Gold-smith attested. But the Prisoner denied that ever he was in his house; and said, That he had bought the Tan_kard five years ago, of one whom he did not know by name, nor could find, in the Minories. The Owner swore it was his Tankard, and that he was in his house that day. And the Court left it as a plain case to the Jury.

The third they were charged with, was Stephen Arrowsmith for the Rape committed on Elizabeth Hopkins. To prove which, a Girl of between 9 and 10 years of Age, gave this Testimony without being Sworn.

That she saw in a Room, the Prisoner lying a top of the little Girl, but what they did she knew not, but the Girls Petticoats were up, nor did she cry out.

The Girl that was ravished, being between 8 and 9, testified that he had had to do with her for half a year together every Sunday, that she was hindred from crying the first time, by his stopping her mouth, and that he gave her money afterwards; and she never discovered it, till some of her friends observing her to go as if she were very sore, examined her, and by telling her she would be in danger of hanging in Hell, got her to confess, that the Prisoner was her fathers Prentice.

One Mrs. Cowel did testifie that upon observing her going, and other Circumstances, she did resolve to examine her, and made her confess, which she did, and being searched, was found shamefully abused, and sent to the Doctors to cure.

The like was attested by one Mrs. Sherwin, and by a Midwife, who said, she had got a very foul disease by it.

The Prisoner with a great many tears denied the Fact, and desired some Witnesses might be called. Among whom there was a maid that lived at the Doctors where the Girl was for Cure, who testified that the Girl upon Taxing her, why she did conceal it, said, she took Pleasure in it, and that upon Examination there were no Symptomes on the Prisoner, as the Doctor said, of any such disease as the Girl had, which was indeed the Pox; which was also attested by one Mrs. Rawlins: and the Prisoner protesting his Innocence, alledged that they offered a Composition.

All which notwithstanding, the Court with great detestation and abhorrence of so Horrid and Vile an Offence, told him the Matter was so plain against him, that he must have as great impu_dence to deny it, as he had wickedness to Commit it; that her con_sent would not save him, for the Statute provides, that a Child under 10 years of age, should not be abused with, or without her Consent. That the First Violence whereby he stop'd her Crying, made the Rape, had it been a Woman above 10; that if the Parents were so wicked, as to offer a Composition, yet that made not him innocent.

The Jury not seeming satisfied with the Evidence, the Lord Chief Justice Scroggs and others were of opinion, that the Girl that was Ravished, might give in her Testimony upon Oath; but it was forborn for the present, and left to the Jury. Who were sent to_gether to consider of their Charge, with an Officer sworn to keep them according to Law.

In the mean time, the Clerk for Middlesex arraigned Mary Hut_chins of Fulham, indicted for that she, the 3d. of Octob. 1678, did steal some Plate and Linen, from one, to which she pleaded not guilty, and putteth her self upon the Countrey.

Elisabeth Gates for stealing a Cup of 14s. Value from one Dennis King, the 14 of Novem. 1678. She pleads not guilty, and put her self upon the Countrey.

After a considerable space of time the Jury returned, and having answered to their Names as called, agreed that the Foreman should speak for them, and gave in this Verdict.

That James Jackson was guilty of stealing Nicholas Jackson's Tankard. And they offered this further.

That Stephen Arrowsmith was not guilty of the Rape: which Verdict Mr. Recorder, not conceiving it to be according to their Evidence, would not take from them without further deliberation, and labour'd to satisfie them of the Manifestness of the Proof. One of the Jury being an Apothecary, said it was his opinion, that a Child of those years could not be Ravished. Which the Court told him was to Elude the Statute, that having provided a Punish_ment, had done it in vain, if there were no offence, and so he did tax the Wisdom of a whole Parliament; Which ought not to be. Others of the Jury, because the Girls were not sworn, doubted of the sufficiency of their Testimony, and they had nothing but hearsay from the other Witnesses. But the Court told them, in regard such Offenders never call others to be by while they commit such actions, they could expect no other Testimony than from the Party injured, which they had, and with it of an eye Witness, both whom they forbore to Swear, because of the tenderness of their Age; but if they insisted upon it, they should be Sworn.

Upon this the Jury went out again, and while they were delibe_rating, information was given to the Court, that they had the two Children with them, which was against the Law. Whereupon the Officer appointed to keep them, was sent for, and it being sworn against him, that he had admitted them in, he was sent to Newgate, though he alledged another Officer brought them to him as from the Court, but that Officer swore the contrary, and therefore the other was detained in Custody. The Jury being sent for about this matter, when they came, said, they sent not for the Children, nor desired to have them: and the Court to give further satisfaction, swore the Children, having examined them, whether they understood the nature of an Oath, and the danger of Perjury, which they gave a Rational account of. And the Jury went away again.

That Stephen Arrowsmith was guilty of the Rape, and they were discharged till the next morning at Ten of the clock: it being late, the Court was Adjourned till Seven.

Wednesday the 12. of Dec. 1678. Nine of the Clock.

Proclamation was first made for Attendance.

Then the Clerk of Middlesex called for John Worsley, who was indicted for seducing the Kings Subjects from their Obedience, and from the Protestant Religion. But when he was brought up, the Court thought fit to defer his Arraignment and Trial till the next week.

He then Arraigned

Nathaniel Russell and John Watson, indicted, for that he the said Russell, 18. Nov. 1678. did voluntarily, and of malice fore_thought, with a Rapier give to William Midley a mortal wound on his Breast, of which he died, and that the said Watson was by, aiding, abetting, comforting, and maintaining. To which indictment both pleaded not Guilty, and put themselves upon the Countrey.

Then the Prisoners were called to their challenges, and the Middlesex Jury sworn; the usual Proclamation made, and the charged upon them in Order.

Mary Hutchins indicted for stealing a Silver Cup and Linen, against whom the Evidence was,

That she was a Servant in the Persons house about a week, from whom the Cup was stolen. That she being gone one morning out of the house, they missed several things. She being suspected for them, and that she was run away, Pursuit was made after her by a young man, who overtook her, and found the things about her; that he charged a Constable with her, and had all the things again.

The Prisoner could not deny her taking the Particulars, but the Owner having them again, the Value was left to the Jury.

Edward Preston, indicted for stealing a Mare from Edward Mullet.

Mullet himself deposed, that the Prisoner was his Servant, and took the Mare out of his Ground, and carried her to Tame, and there sold her for 30s. and about 3 Weeks since he was taken.

The Person that took him, deposed, that he confessed the taking of the Mare out of the Ground, and selling her.

The Prisoner said he took the Mare, to go for a Dragooner, that when he came to Tame, the Troop he thought to go in, was gone; and he being ashamed to carry the Mare back again, and in his distress for money, sold her, but the man had the Mare again. Upon which confession the Court left it to the Jury.

Elisabeth Gates was tried for stealing a Silver Cup, of 14s Value, from one Dennise King.

Who deposed, that she had confessed the Stealing to her, and that a little Girl had seen her in the house that day, but she went away, and on Thursday after was seen, and known by the Girl, Apprehended upon Suspicion, and before the Justice confessed it.

The Prisoner did not deny being at the Womans house, but now denied the taking of the Cup from thence, and that ever she confessed it. Upon which the Jury were directed to consider of the Evidence, and the Value.

Then Richard Symell Indicted for stealing the goods of Elisa_beth Horner, and Margaret Husen, as accessory, after were tried.

Broccas a Constable, deposed, that he took him, and before the Justice he confessed he took the things out of a Trunk and Box, and sold them to the Prisoner Hutton, in whose house we found them.

Symel the Prisoner, for himself said, He indeed did take them, but he thought they had been his Wives, for they were in her Lodging, who was then newly come from Service; and he thought he might make bold with them, being hers, and sold them to the other Prisoners.

Hutton confessed she bought them of the other man, but denied that she knew them to be stoln Goods, or used to be such; that he told her they were his own, and not his Wives.

Anne Harris was the next, who was Indicted for stealing the Goods of John Jones.

Against whom Jane Harris, the Wife of John Harris, swore, that she lost Goods of a considerable value, and that the Prisoner was taken in Southwark selling part of them.

The Woman to whom she offered them to sale attested it, and that she told her she had bought them.

The Prisoner her self saith, she bought them of a man, but his name she could not tell, nor where he lived. So the Court left her to the Jury.

One Wood was Indicted for stealing a Silver Cup of 9s. value, of Robert Lambert, and was acquitted.

Thomas and John Johnson Indicted for the unlawful taking the Lead off from Stepney-Church; the Evidence was this:

Knight, a Head-borough, was with his Watch going the round, saw a Ladder standing on the side of the Church, and enquiring of the Clerk and the Sexton whether it were there by their Order, found it was not; and therefore taking away the Ladder, got up another way to the top of the Leads. But at the side of the wall, they found three parcels of Lead rolled up, and which was thrown down. When they came up, they found these two men there; be_ing asked what they did there at that time, all they would answer, was, It was their fortune to be there. But going onward, they found some more parcels of Lead, which they acknowledged they had cut up with a knife; the whole was about 950l. weight, but none was removed away. They said the Ladder was theirs, which was afterwards found to be another mans, and not lent by him neither.

The Prisoners said, They heard a noise on top of the Church, and went up to see what was the matter; but before they could get down, the Watch had taken away the Ladder: and they denied the taking away of the Lead. The Court left it to the Jury upon the Evidence.

Nathaniel Russel and John Watson Indicted, for the murder of William Midgley, against whom it was thus proved:

Dorothy Midgley, Sister to the Person slain, deposed, that Watson, who was a Bailiff, came with Russell to arrest her for a debt of 3l. which she owed an Aunt of hers. And coming into the room, her Brother stood before, and was stabb'd by one of them immediately; that she thinks it was Russell stabb'd him: That he lived till Thursday, and then died; and that he gave them no ill language.

Elizabeth Symmonds, who was then in the Room, testified, That the Boy did not give them any provocation; That he had a piece of Curtain Rod, which she did not see him lift up against them.

Rebeccah Niccols, who also was by, swore, That Watson, when he came in, run him down into a Chair, and the other run him through. That Russell came in with his Sword drawn, and they were heard from without to swear, they would kill any one that opposed them. Stephens, a Chirurgeon, proved, that he died of the wound.

Russell the Prisoner, in his defence, said, That the Plaintiff in the Action calling them upstairs, told them, they must look to them_selves, for there was a Young man intended to kill them. That upon their coming in, the Young man made at them with a bright thing, like a Spit or a Sword; and in his own defence, he retreat_ing back, doth not know how the Boy was wounded.

Watson for himself said, That being ordered by the Plaintiff to Arrest Dorothy Midgley, when he came to the door, he heard the Boy say, I will run my Spit in some of your guts; but putting him aside, he Arrested his Prisoner, and heard some body cry out, I am killed; upon which he run to him, and opening his breast, there he found a great wound, and gave him some Brandy to drink, and covered him with a warm Napkin. That the Defendant Midgley came to him, and cut him over the face with a Pot, and asked him what he staid there for, he had been the death of her Mother and her Brother. That about five years ago he had arrested her Mother, and she died in Execution; but he denied any hand in this Murder.

The Plaintiff in the Action said, She did employ Watson to Ar_rest Dorothy Midgley, and that he went streight forward to her, her Brother being by; and that a Fellow came in and wounded the Boy, and run out again before he could cry out he was wounded: but who he was she knew not; but she did not see nor hear the Boy make resistance, or give any provocation. That it was onely a piece of Curtain Rod the Boy had in his hand, but neither struck stroke with it, nor run at them.

Then the Writ and Warrant to justifie the Arrest were read, whereby upon the Return it was found, that they had returned a Rescous by the Party that was killed, which the Court told Watson was a great Evidence against him. Whereupon directing the Ju_ry, they were told, that there being no provocation, the Law im_plied the malice to make it murder. But how far the persons ac_cused were guilty, was left to them to consider upon the Evidence.

Then the Jury withdrew to consider of their Charge.

The Clerk for London Arraigned these Prisoners.

William Lucas Indicted, for that he, Decem. 2. last, did steal a Tankard of 6l. value; confessed the Indictment, and himself to be guilty of that offence, and all within Clergy.

John Macarty, for stealing the same Tankard, pleaded Not Guilty, and put himself upon the Countrey.

George Cletheroe Indicted, for stealing some Linen from one John Delavier, he pleaded Not Guilty, and put himself upon the Countrey.

Ralph Leech Indicted, for that he, the 9th. of Octob. 1678. did steal from Henry Wood nine pair of Silk Stockings. He pleaded Not Guilty, and put himself upon the Countrey.

A Lieutenant and some Soldiers were Indicted for misdemeanor committed by them, in endeavouring in a riotous manner to take away a Prisoner, the 16th. of November last, out of the Custody of one Newton, a Serjeant in London. They all confess'd themselves guilty of the offence, and submitted to the Mercy of the Court.

Whereupon Mr. Lane, Comptroller of the Chamber of London, being of Counsel for the King, opened the Cause, to give the Court satisfaction in the matter: That one Sparks being Arrested by Newton, told the Officer, he ought not to be Arrested, because he was a Soldier. The Officer told him, he had some reason to doubt it, because he had not on the Kings Cloathing; but he should have the liberty to send to such of his Officers as he thought fit. Upon which he sent a Porter to the Serjeant of the Company of Granadiers, who not being met with, the Note was delivered to the Lieutenant; which when he had read, with great Passion and Swearing he demands to know the Officers name, and cursing himself, said, If he could meet with him, he would cut off his ears. He then gets his Company together, acquaints them with the business, leaves the main body of the Company in Cheapside, over against Woodstreet, selects a dozen out of them, and coming down Woodstreet with Muskets, and Daggers in them, and with Oathes and Arms would have stormed the Counter, demanding the Prisoner. It was with great difficulty that they persuaded him he was not in the Counter, but in a House near by. Thither he goes cursing and swearing he would pull the House down, fire the House, and make that Rogue the Officer an Example for daring to Arrest a Soldier. The Serjeant told him, Sir, I am not throughly satisfied he is a Soldier, and desired to see the Muster-Roll: But he would not vouchsafe to let him have that favour; take him away he would, and did, in triumph to the Offenders, and to the terror of all Civil Justice. The Lord Mayor and Court of Aldermen be_ing acquainted with the matter, order Mr. Recorder and the two Sheriffs to wait on the Lord General the Duke of Monmouth, to let him know the whole business, and to desire him to deliver up the Offenders to be punished. His Grace did immediately concur to it; and having Casheer'd them from the King's Service, hath sent them hither, where, said he, we hope they will be satisfi'd now, as we are all well assured that, by the blessing of God, and the care and courage of our Magistrates, Soldiers, though they may and ought to assist, yet they shall never be permitted to be Arbiters and Comptrollers of Publick Justice.

The Lieutenant would have excused and palliated the matter; but the Council having Affidavits, and Viva voce to prove his Ac_cusation, and it having been examined before the Lord Mayor and Court of Aldermen, they were committed to the Gaol in order to their Judgment.

Then the Jury for Middlesex returned with their Verdict, which the Foreman gave in thus:

That Mary Hutchins is guilty, but the Goods were but to the value of 10d.

That Edward Preston is guilty of stealing the Mare.

That Elizabeth Gates is not guilty.

That Richard Symel is guilty, but the Goods were but to the value of 10d. Whereupon Margaret Hutton, Indicted as Accessory, was discharged.

That Anne Harris is Guilty, but the goods were but to the Value of 10d.

That Margaret Wood is not guilty of the Felony, &c. And

That Thomas and John Johnson, are guilty of the Trespass, in taking away the Lead from Stepney Church.

That Nathaniel Russel, is guilty of Murder, in killing William Midgley. And

That John Watson is not guilty of that Felony, and Murder.

An Officer of the Court, gave information upon Oath, that a Souldier leaning over the Bail Dock was spoke to come down, but refusing, was pulled by him, whereupon he laid his hand to his Sword, and swore if he had him out, he would kill him: upon which information, the Court committed him to the Goal.

The Clerk for London called the Prisoners to their Challenges, Swore the Jury, and made Proclamation for Information and Pro_secution, in usual Form. The first Prisoner tried was,

Ralph Leech, Indicted for stealing the Silk Stockins to the Value of 4l. 10s. Against whom, one

Summer deposed, that he knew the Prisoner very well, and that the first of Octo. last, he saw him steal from Mr. Woods Shop 9 Pair of Silk Stockins. That he is a Workman to the Shop, as he is to other Hosiers Shops; where coming in a morning betimes, he had Opportunity to look over the Silk Stockins, and sometimes would buy. That this day looking over two Boards of Hose, he would now and then put a pair in his Breeches, till he had put in 9 Pair. Another Person being by, he desired him to go for a Constable. Then the Prisoner offering to go away, he stay'd him, and asked him how many Pair he had bought, he answered, None. But, said he, I must speak with you Mr. Leech, and having him up stairs, told him he had something more then was his own, he was in such haste to be gone, and urging him with it, he did desire him to be mercifull to him, or his Wife and Children were ruined, and pull'd out the Stockins 9 Pair in all, which when he was carried before Sir John Frederick, were produced against him, and he confessed it, saying, The Devil owed him a Shame.

The other Witness affirmed the same, and had seen something before, which he did not like, but durst not venture upon him, because he was a great man in the Trade; and would have ruin'd him.

The Prisoner who was an old Man, with a very gray head, by Trade a Silk Stockin Trimmer, and of a plentifull Fortune, had nothing to say for himself, but that he took them for money they owed him, which poor excuse was not accepted by the Court, but they directed the Jury to find him Guilty, upon so plain an Evi_dence.

Then Richard Bradshaw was Indicted for High Treason, in clipping the Kings Coyn. To prove which, one

Brauthwayt, a Linnen Draper in Newgate Street, gave Evi_dence, that the Prisoner was his Apprentice, and that he heard he had given a neighbours boy, one John Jolliffe, some pieces of Silver, which being brought to me, he did acknowledge he had clipped them with a pair of Scissors, that were in Court. That he did use to trust him, with receiving, and paying Money for him, but never knew any ill of him, nor found much clipped money among his Cash. That he had taken him Apprentice without money.

Another Witness swore that he confessed it before Sir William Turner. And a Goldsmiths Boy shew'd some Ingots, which he had from that Jolliffe, who said he had them from the Prisoner, but he was not to be found.

The Prisoner now had nothing to say for himself, but that he had the Silver from that Jolliffe. Upon which he was left to the Jury.

The next was John Macarty, for stealing a Silver Tankard, out of a house behind the Exchange.

The Boy of the House testified that he, with William Lucas, who confessed the Felony, came to his Masters house, who is a Cook; and while the Boy went down for a Pot of drink they called for, they step'd into the Kitchen where the Tankard was, and taking it thence, away they went, before he came up again. That the Tan_kard was there before he went down to draw the drink. That they came in friendly together, and went both away. That they had the Tankard again by means of a Woman, with whom Lucas left it to keep till he came out of Prison, where he was, being taken that night by the Watch.

The Woman testified the delivery of it by Lucas, but she saw not the other Man.

The Prisoner, for himself, said he was pushed and josled by the other man Lucas, whom he had never seen before in his life, and that upon their Fighting, the other invited him to drink, and when the Boy was gone down to draw the drink, Lucas went into the Kitchin, and came out again, and called him out to go away with him, which he did, having no business there. The credit of which story, upon the Boys positive Testimony, was left to the Jury.

Then Hannah Downes was tried, for stealing 4l. in money, from Thomas Goddard in the Vintry. The Evidence was,

That she being a poor Girl, was by them taken up, and upon recommendation, by a Letter from a Quaker, entertained in the house where she lived about two Months, and then was bound Apprentice to the Woman: that the man leaving of his Britches, in which was the Key of the Ware-house, where the money was, she had taken it, and taken away about 4l. at several times; as she confessed that she run away to Rochester, and there was taken, and before the Justice confessed the thing.

The Prisoner said, she run away because they abused her, and beat her, and pinched her in her Victuals, but denied she stole any Money, or that she did confess it. Which was submitted to the Jury.

The next was George Hunt, for stealing Brass Buckles, and some small things. But it appeared upon the Evidence, a Prosecution out of Malice, because of an Action of slander, by the Prisoner commenced against the Prosecutor. And there being no colour for the Accusation, the Court directed the Jury to find the Prisoner not Guilty.

The last for London was George Cletheroe, Indicted for stealing the goods of John Delavier.

One Burbeck deposed, that about six of the clock in the Evening, the Prisoner came into the house, and going out, he saw him; and asked him what he did there; but received no answer. That he cried stop Thief, and upon that Outcry he ran, but was overtaken. That the Linnen which he is Indicted for, was taken out of the house, and dropt 4 or 5 houses from that house.

Another man Witnessed, that upon the cry of Stop Thief, he made towards the Prisoner, who to save himself, cry'd Stop Thief too, and when the Witness came up to him, Struck him; but he was Apprehended, notwithstanding his resistance. And one that saw the Linnen in that place, and took it up, attested it.

The Prisoner denied being in the house, and said, that he was pursuing one that came out thence: but the first man affirmed positively that he was there, and that his Wife three days after his Commitment came to entreat him not to prosecute him.

The Jury, after a short recess, did give in this Verdict of the Prisoners under their charge.

That Ralph Leech was guilty of the Felony he was Indicted for.

That Nicholas Bradshaw was guilty of High-Treason.

That John Mackarty was guilty of stealing the Tankard.

That Hannah Downs was guilty of the Felony to the value of 9s.

That George Hunt was not guilty of the Felony he stands Indi_cted for: And the Court taking notice of the malicious prosecu_tion, gave him leave to take a Copy of the Indictment.

That George Cletheroe was guilty, but the Goods were but to the value of 10d.

Then the Court Adjourned till 3 of the Clock in the afternoon.

Post Meridiem eodem die.

Proclamation of Attendance being made, the Lord Chief Baron called for the Granadiers, who were in custody, and told Mr. Re_corder, That he being, by the custom of the Court, to give Sen_tence upon Offenders there, the Judges did give him their advice. That the Peace of the Kingdom was so nearly concerned in this Cause, that it deserved an exemplary Punishment; and the lowest Fine they would counsel him to set, was 200l. upon the Lieute_nant, 50l. upon the Serjeant, and 20l. a piece upon the Common Soldiers. Which was by Mr. Recorder Sentenced accordingly, with this Reproof.

YOu that are the Prisoners at the Bar, the Court and the Government are sensible of the great af_front by you put upon the Authority of the Nation in general, and this City in particular, and what danger you might have brought your selves into: For you gave such a Provocation, at such a time, within the very heart of the City of London, that might have prov_ed the occasion not onely of bloodshed to others, but utter ruine to your selves. The Court, I say, and the Government, and your own General being sensible of this, and satisfi'd of your Guilt, have brought you hither, where being under the Power of Justice, you ought to receive the Sentence of Justice for your great Offence; and because your Crime is great, such must be your Judgment. For though you are Soldiers, Gentlemen, and ought to have all due encouragement, yet you must not think, by the Authority of your Arms, to control the Authority of the Civil Magistrate. And because the Lieutenant should have known better his duty, and taught it to them under his care, his Fine must be the greatest, because his Knowledge was, or should have been so, and deserves the highest resentment. The Ser_jeant, who should have also known better, must receive a Punishment according to his Degree. And the Com_mon Soldiers, though under their Command, yet being great Offenders, must receive an exemplary Punish_ment. And I do in the name of the Court, and the Court doth Order, That the Lieutenant pay for a Fine 200l. the Serjeant for his Fine 50l. and each Common Soldier 20l. to the King; and that they be Committed till they pay these several Fines.

Then the Clerk for Middlesex Arraigned

Thomazine Davies, alias Sparks, alias Bailey, Indicted, for that she, the 8th. of Decemb. 1678 an Indian Gown, and other things, to the value of 4l. and 18s. of money, did steal from Lewis Gastring. To which she pleaded Not guilty, and put her self upon the Countrey.

William Baker Indicted, for having two Wives, against the form of the Statute. Pleaded Guilty.

Judith Smith Indicted, for that she, the 29th. of Octob. did steal some Linen of a small value from John Smith. She pleaded Not guilty, and put her self upon the Countrey.

James Furner of White-chappel Indicted, for that he, the 12th. of Novemb. 1678. did steal a Mare, colour brown, from one He pleaded Not guilty, and put himself upon the Countrey.

James Smith Indicted, for that he, the last of Octob. 1678. did steal three Hogs, colour white, of the value of, every one of them 35s. from Leonard Sanders. He pleaded Not guilty, and put him_self upon the Countrey.

William Brayn Indicted, for that he, the 6th. of Septemb. 1678. did steal one Gelding, colour brown, from Ambros Galloway. He pleaded Not guilty, and put himself upon the Countrey.

Matthew Momford Indicted, for that he, the 23d. of Novemb. 1678. being a Soldier in the Company of John Drew Esq. a Ca_ptain in the Service of the King, there was a certain discourse had between him and one Thomas Topping, and one James Sanders, concerning our Sovereign Lord the King, and the Religion in the Kingdom established; he the said Matthew Momford said he was a Papist: Upon which the said Topping and Sanders told him, he was not fit to be a Soldier then in the Kings Service. He re_pli'd, I hope to see you all burn'd, and to be at the burning of you. To this Indictment for a Contempt and Misdemeanor, he pleaded Not guilty, and put himself upon the Countrey.

Then the Prisoners were called to look to their Challenges, the Jury sworn, and Proclamation being made for Information and Prosecution, as before, they were charged to enquire, First, of

William Brayn, for stealing a Gelding from Ambros Galloway; against whom

One testifi'd his knowledge, that it was Ambros Galloways Horse; and another, that he bought it of the Prisoner. But Am_bros himself, being a Quaker, would not, for Conscience-sake, as he said, swear, and so could give no testimony about his losing him. Upon which the Court directed the Jury to find the Prisoner Not guilty for want of Evidence, and committed the Quaker, as a con_cealer of Felony, for refusing an Oath to Witness for the King.

Thomazine Davies, for stealing an Indian Gown and other goods, to the value of 4l. and 18s. in Money, from Lewis Ga_string.

Mary Gastring, the Wife of Lewis, swore, That going out to a Neighbours house, she then lost those goods, and found them with the Prisoner at the Bar; that the things were in several Boxes and Trunks, but none broken open.

Walter Turner deposed, That on Sunday 8th. Decemb. 1678. in the afternoon, walking in the Alley where his house was, he did see the Prisoner pass by him with an Apron full of things; and that Mrs. Gastring coming out, and complaining of her loss, he told her what he had seen, and overtaking the Prisoner, upon pur_suit these things were found with her.

The Prisoner said that another woman, with whom she was drinking a pot of drink, gave them her, and desired her to carry them for her to such a place; which she was going to do with the things in her Apron, but not telling the womans name, nor pro_ducing any Witness to prove it, the Court left it to the Jury.

Then Judith Smith was tried, for stealing the Goods of John Smith. Against whom,

John Smith, deposed that he had lost the Goods, in the Indict_ment, that she confessed the selling of some part to the Brokers, and named many particulars, that he could not say, they were taken all at one time, but being his Servant, she had opportunity to convey them away as she pleased, and that he did not miss them, till a fortnight after the time she confessed of taking them.

The Prisoner for her self only said, that her Master charged her with more than she had. Upon which confession of part, and the things being taken at several times, and not all, the day laid in the Indictment, The Court left the Value to the Jury.

James Turner for a Mare, colour Brown. Upon whose trial, it appearing that he had been Auterfoits acquit, the Jury were dis_charged of him.

James Smith was next, for stealing three white Hogs from Leonard Sanders, who deposed,

That he, the last of October, i.e. Allholland Eve, lost two great Hogs, and a little one, worth 5l. that he pursued them by the Track, but at last lost his intelligence.

Another Witness swore, that he met the Prisoner Smith in the morning of that day, when he said, he was going to buy Calves, and after, met him driving three Hogs, a little one, and two great ones, which he said he drove for another, not for himself. Sanders not seeing the Hogs in Smiths possession, nor the other Witness not minding them, could tell the marks, and therefore the Court asked the Prisoner, whose Hoggs they were that he drove that day, he denied he ever had any, or saw any. Which Evidence being un_certain as to the particulars charged, the Court left to the discretion of the Jury.

Matthew Momford, for his contempt and misdemeanor, in speaking the Words.

One of the Witnesses swore, that the Prisoner being at his house to drink, upon some discourse said, he had been a Papist seaven years: then said he, you are not fit to stand Sentinel where the King passeth, for you may kill him as he goes by you. Then in a fume he replied, I hope to see you burned, and be at the Burning of you.

The other said, that Momford said he was a Staffordshire man: then said the other, you must be a Papist, for all the Momfords in Staffordshire are Papists, he replied so was he. Then you are not fit to be a Souldier; he in a passion cri'd out, he hoped to see us all burnt, and be at the burning of us. They both said he was in drink, with which the Prisoner would have excused the matter, but the Court told him it was no excuse, but an aggravation. And left him to the Jury.

The last was John Spittle, for stealing the goods of Humphrey Wych. Against whom

Wych gave Evidence that he lost such goods as are charged in the Indictment, and found them in the Custody of the Prisoner, and that the value was 7s. And one Bayley deposed, that being a neigh_bour of Mr. Wych, and sitting in his Shop, he saw two Women and a Man, standing at Wych his door, first one woman went in, then both, and went away, and the man went in, and coming out with something under his Coat, he went and follow'd him, telling him what he had was not his own, and called to the man of the house, who coming out owned the things.

The Prisoner said he found them at the door, but the Constable upon his Oath testifi'd that he confessed at his taking, that the had them out of the Drawer. The Court left it to the Jury, who after a little recess being agreed of their Verdict concerning these Pri_soners, brought it in thus.

That Thomazine Davies, is guilty to the value of 10d.

That Judith Smith, is guilty to the value of 10d.

That Willaim Brayne, is not guilty.

That James Smith, is not guilty.

That Matthew Momford, is guilty.

That John Spittle, is guilty to the value of 8s.

The Petit Juries for London and Middlesex were discharged.

Then the Court proceeded to Judgment upon the Prisoners, according their Convictions.

Those to whom the benefit of Clergy, as Men, and the punishment of Branding, as Women, was allowed, were.

Joseph Brown, Wiliam Shakesby, John Baltee, Thomas Jackson, William Lucas, John Macarty, Hannah Kinman, & Hannah Downes,

In all 8. in London.

In Middlesex.

William Baker, and Anne Mounsdell.

Ralph Leech for respect to his age, the Court took time to consider after a very severe check, and having craved the benefit of his Clergy.

John Spittle, who desired transportation, was set aside for it.

John Paine, who had confessed himself guilty of Felony upon his Arraignment, for marrying a second Wife, the first being alive, did desire the benefit of his Majesties late Gracious Act of Par_don. Which the Court upon perusal of the Act thought fit to grant him, but told him that he ought to make a recompence to the par_ties injured, which were both his Wives, for Pœna potest dirimi, culpa perennis erit.

The Persons ti'd up by the Executioner for judgment of Death were these Six.

Susan Banster, for stealing goods of 13l. value, and who had been sentenced to be transported before.

Stephen Arrowsmith, for a Rape committed upon Elisabeth Hopkins, an Infant of 8 years of Age.

Nicholas Bradshaw, for high Treason, in clipping the Coyn of this Kingdom.

John Leak, for stealing Cloth off the Tenters, contrary to the Statute in that case provided.

Edward Preston, for stealing of a Mare. Which by Statute also is deprived of benefit of Clergy. And,

Nathaniel Russell, for the Murder of William Midgley.

These Persons being severally called to the Bar, and told of their Convictions, were demanded of, what they could say to arrest the judgment of Death: they could alledge nothing, and therefore

Proclamation being made for Silence, while judgment was in giving, the Recorder spoke to them thus.

YOu that are the Prisoners at the Bar have been severally Indicted of several Offences, and upon your Trials, you have had the benefit of the best of Laws, because you have had the liberty of making your defence to the several Accusations whereof you have been accused. You have been fully heard, and by Persons of known integrity, who have been Triers of the Fact, and Countrey-men of your own, sworn to do you Right; you have been Convicted of the several Offences wherewith you stand Charged, and nothing re_mains, save onely for the Court to do that Duty which the Law requires of them, to give Judgment upon those Verdicts by which you stand Convicted.

This is a Duty incumbent on the Court, though a sad one; and I must confess, I cannot but be much trou_bled to see Youth arrived to that heighth of Debau_chery, notwithstanding the frequent Examples that are found in this Place. So that I must say, and I tremble to think I am obliged to say, That the frequent Examples of this Place seem rather to be Examples to some to out_do the Villanies that are punished here, than to deter them from the commission of them.

When I see some among you there, that now seem mighty full of grief, and sense of the deplorable con_dition you have brought your selves into; who have had Mercy shewn them here, and yet continue to offend so gracious a King; when nothing will work upon you, but you will persist in so vile an habit of wicked_ness; it seems to me, that absolutely necessary Judg_ment be speedily executed upon you, there being so small hopes of Reformation. I speak this to let the World know, Mercy is not to be shewn to such, as after forgivness sin yet worse.

And in as much as you have received fair and full Trials, upon which you have been Convicted, you have by your own vile carriages forfeited that Life, which you might else have happily enjoyed; and shorten'd that, which by your own industry you might have pre_serv'd and lengthen'd, to the comfort of your selves and Friends, and the good of your Generation. And now it remains onely for you to take care of that little, very little time that is left you, to improve it to the utmost, for the advantage of your immortal Souls. For having by your great wickedness and publick affronts to the Justice of the Nation forfeited your lives, it will be needful for you to employ the minute of breathing time to prepare for Eternity. For though the Law do inflict the punishment of death on you here, you have God in Heaven, and a blessed Saviour and Redeemer, to whom, upon Confession and Repentance, you may with hopes apply your selves for mercy in the World to come.

And it will be the duty of every good Christian, not onely to take care, that being warned by your Examples, they avoid the mischiefs you have run into, but also to joyn their Prayers, and all the assistance they can contribute, to the saving of your Souls, who by your Crimes have thus destroyed your Bodies.

Some of your Offences are of a more vile, more black, and more dangerous nature than others; one of you stands Convicted of that most horrid Crime, Murder, blood which cries out to Almighty God for vengeance; Murder, I cannot but say, without any provocation; which is not onely an offence against the Law of God, but even against Nature, for one man to destroy another without a provocation. If there were no such thing as a God in Heaven, or Justice upon Earth, Nature it self teacheth a man not to be barbarous to his own likeness. Therefore it will become thee to use all the tears thou canst shed, to wash away the blood thou hast spilt, and that will not be enough to take off thy guilt; for nothing but the precious blood of our dear and blessed Lord and Saviour, the Lord Jesus Christ, can save a man that is guilty of so great and horrible a wickedness as shedding innocent blood.

And for the rest, their offences have been such, as by the Law are to be punished with death. It will become you to betake your selves to Repentance; and I expect it from him whose proper business it is, that he give you all the assistance he can to promote so good a work, by helping you to spend your little time well, in order to a happy Eternity. This I have spoken in charity to your Souls. I do therefore in the name of the Court pronounce this Judgment upon you all, save onely the Youth that is convicted for clipping the Kings Coin, That you shall go from hence to the place from whence you came, and from thence to the place of Execution, where you shall severally be hanged by your necks till you be dead; and Jehovah the Lord of Heaven and Earth have mercy upon your Souls.

Then he applied himself to the Young Man for Treason, thus:

YOu the Prisoner at the Bar, have likewise been Arraigned and Tried for an Offence, that by the Law is made High Treason, the Clipping of the Kings Coin. I am sorry, heartily sorry, and very much lament to see a Youth, in whom there seems to be so much modesty, far from persuading any one to believe, that any manner of Villany should lurk underneath so promising and so good a Face, come under the guilt of so great an Offence. But the truth of it is, the Appren_tices of London have got such a Trade of abusing their Masters by Clipping, and such tricks, which they are encouraged to by a pack of Goldsmiths Men, who are fit for their purpose, that if some of them be not made Examples, it will be the ruine of many. It is a disease that will run through the whole Flock. And I am sorry to see you the first sad lamentable instance of that Ju_stice, which must pass against Offenders of that kind, whose modesty should have prevail'd upon you, not one_ly to look like a vertuous Boy, but so to have acted.

But in as much as thou hast offended the Law, it will become thee also, if thou hast offended thy Master or any body else, to make them what reparation thou canst, by making confession of the offence, and disco_vering the Parties that were concerned with thee, who_ever they are. For there can be no better means for Sal_vation in the next World, nor hopes of Mercy in this World, than by confessing thy Crimes, and telling the Accomplices, and 'tis my advice, Tell all thou knowest. But I must declare the Judgment of the Law, which is this, and the Court doth award it,

That you are to go from hence to the place from whence you came, and from thence be drawn on a Hurdle to the place of Execution, where you shall be hanged by the neck till you be dead, and the Lord have mercy upon your Soul.

Then Susan Banster being asked what she could say in delay of Execution, she desired to be Transported.

Then the Prisoners Convict for Petty Larceny, who were these, George Cletheroe, Samuel Thompson, Mary Read, Mary Hipkins, Margaret Smith, Mary Hutchins, Richard Symell, Thomazine Davies, Judith Smith, and Anne Harris, in all, Ten: whose Sentence was delivered thus:

YOu the Prisoners at the Bar, I have observed in the time that I have attended here, that your Pick-pockets, Shop-lifters, and you other Artists, which I am not so well acquainted with, which fill up this place, throng it most with Women, and generally such as she there, Mary Hipkins, with whom no admonitions will prevail. They are such, whose happiness is placed in being thought able to teach others to be cunning in their wickedness, and their Pride is to be thought more slie than the rest: A parcel of Sluts, who make it their continual study to know how far they may steal, and yet save their necks from the Halter, and are as per_fect in that, as if they had never been doing any thing else. But take notice of it, you that will take no warn_ing, I pass my word for it, if e'er I catch you here again, I will take care you shall not easily escape.

And the rest of those Women, that have the impudence to smoke Tobacco, and gussle in Ale-houses; pretend to buy Hoods and Scarfs, onely to have an opportunity to steal them, turning Thieves to maintain your luxury and pride: So far shall you be from any hope of mercy, if we meet with you here for the future, that you shall be sure to have the very rigour of the Law inflicted on you. And I charge him that puts the Sentence in Execution, to do it effectually, and particu_larly to take care of Mrs. Hipkins, scourge her sound_ly; and the other Woman that us'd to steal Gold Rings in a Countrey Dress; and since they may have a mind to it this cold weather, let them be well heated.

Your Sentence is this, That you be carried from hence to the place from whence you came, and from thence be dragg'd ti'd to a Carts-tail through the streets, your Bodies being stript from the Girdle upwards, and be Whipt till your Bodies bleed.

John Leak, who was found guilty of stealing Cloth off the Tenters, and received Sentence of death for it, according to the Act in that case, which also gives the Court power to Transport the Party, if they see fit, was by the Court Reprieved in order to Transportation, being an able Sea-man, and one that had done the King good service at Sea.

The Prisoners Fined for Trespass and Misdemeanor, were Mat_thew Momford, Thomas Johnson, and John Johnson.

To Matthew Momford, who was the Soldier that had spoken such bad words, Mr. Recorder gave this Admonition:

YOu the Prisoner at the Bar, see now the great In_convenience that comes upon the debauchery of some People; you that seem to have no Religion in the World but when you are drunk. But you must not think, drunk or sober, to revile the Protestant Religion, and go unpunished for it. Let the times be thought ne_ver so dangerous, yet I hope it will be always seen, that the Magistrates of this City and Kingdom dare tell all Mankind, They do and will own the Protestant Religi_on, and dare curb the proudest He, who shall presume to transgress our Laws, or offer to reproach our Religi_on. And all the Priests and Jesuits they have shall never blow up any man to that heighth of Impudence, as to dare do any thing in contempt of the Government, or affront to our Religion, but we will be sure to take down his pride, and make him know that he shall be subject to Justice. And so shall you find, who when you were drunk, could brag you were a Papist, and hoped to see Protestants burnt. You are an excellent man no doubt at a Faggot. Your contempt is very great, and the Court is very sensible of it; and that all the World may take notice how sensible they are, and of their resolution, that such Offendors shall not go unpunished; and that you may see, it shall not be a suf_ficient excuse to say, You were drunk when you did it, and pretend to repent of it now you are sober, and to turn Protestant again, We do think fit to lay a Fine of 100l. upon you, and commit you in Execution till such time as you pay it; and upon your Enlargement, you are to find Sureties for the Good Behaviour for seven years.

To Thomas and John Johnson, who stole the Lead off the top of Stepney-Church, he spoke thus:

YOu are Brethren in iniquity, Simeon and Levi. I find you are not Church-men the right way. But you are mightily beholding to the Constable, so much, that I think you ought to own it to him as long as you live; for if he had given you but half an hours time longer, you had been in a fair way to have been hanged. Your zeal for Religion is so great, as to carry you to the top of the Church. It is but a Trespass, it is true, but I assure you one of the rankest that ever I heard of, it is Cozen-German to Felony. If that be your way of going to Church, it is fit you should be taken no_tice of. Are you not ashamed to have offered at the commission of such an offence, in a Place whereto, if you were men that had any regard to a future state, you would pay a great reverence, because good men meet there to pray against such offences, not to commit them, as you did. The offence being so great, and the Trespass so rank, the Punishment must bear some proportion to it, which is this, The Court doth set a Fine upon you of 20l. apiece, and commit you till you pay it to the Common Gaol of Newgate; and you are to find Sure_ties for the Good Behaviour before you be discharged.

The Calling over the Gaol was left till the end of the Sessions.

Then the Court was adjourned till Tuesday morning next, being Decemb. 17. at seven of the clock.

&horbar FINIS. &horbar |CLA |Y1688 A SHORT ACCOUNT OF THE Authorities in LAW, UPON WHICH JUDGEMENT Was given in Sir EDW. HALES HIS CASE. &horbar WRITTEN BY Sir EDW. HERBERT, Chief Justice of the Common Pleas, In Vindication of Himself. &horbar Licensed and Entered according to Order. &horbar LONDON: Printed for M. Clark, and are to be sold by most Booksellers in London and Westminster. 1688. &horbar &horbar A short ACCOUNT OF THE Authorities in Law UPON WHICH JUDGEMENT Was Given in S&rsup; EDW. HALES's Case.

HAving been call'd to a place of Judicature in difficult times, and after my most sincere Resolutions and uttermost Endeavours of discharging the Duty of that place with a good Conscience, having yet had the hard Fortune to fall under the greatest Infamy and Reproach that is pos_sible for any man to lie under, of Perjury and Breach of Trust, in giving a Judgment in Sir Edward Hales his Case contrary to Law, and contrary to my Knowledg and Opinion (for that only can make it Criminal;) and which, they say, tends to the Sub_version of all our Laws; contrary to the Oath that every Judge takes, and to that high Trust repos'd in him to judge, to the best of his understanding, according to Law: Although I cannot hope to wipe off that universal ill Impression that the Ma_lice of some People who understand the nature of this Case very well, has made upon most men who do not understand it; yet in order to clear my self to all just and dis-interested Persons who are only my Enemies by mistake, I think my self obliged to give some short Account of that Judgment, and the Grounds upon which it was given; and this I will do, not by making an elaborate and legal Ar_gument, to make out by Reasons of my own, that the Judgment then given is consonant to Law, which whether it be or no, is like to be considered in Parliament, and to whose determination I shall as intirely and as chearfully submit as any other Person in the Nation: But I shall set down, not all the variety of Cases that we meet with in our Books touching the Kings Power of Dispensing with Acts of Parliament, for that would swell this Paper to an unreasonable length, and discourage many from reading any part of it; but only some few of the chiefest and plainest Authorities in Law, upon which the Resolution in the Case of Sir Edw. Hales was grounded. I shall not only cite the Books and Pages where those Cases are to be found, but transcribe the very Words, that every body may be convinced, that if we were in a Mistake, it was no Wilful Mistake, but that we had the Au_thority of former Judgments given by great Men that went before us (and for which they were ne_ver question'd) to lead us into it.

The Case (for I must state it upon my Memory, not having any Copy of the Record by me) was shortly this.

An Action Popular was brought against Sir Edw. Hales, upon the Statute 25. Car. 2.c.2. for the Pe_nalty of 500l. wherein the Plaintiff declares, That whereas it was provided by the Statute, &c. setting forth the Statute: Notwithstanding which, the Defendant having a Commission to serve the King as a Colonel of Foot, and not having received the Sacrament, nor taken the Oaths and Tests, &c. within the times prescribed by the Act, and after the times expired wherein he ought to have received the Sacrament and taken the Oaths and Tests as a_foresaid; he did execute the said Office, and con_tinued to act by colour of the said Commission, of which he was Indicted and Convicted at the Assizes in Kent, &c. whereby the Action accrues to the Plaintiff for the Penalty of 500l. The Defendant pleads that before the times expired, &c. he had a Dispensation under the Broad Seal to act Non obstante that Statute.

To which the Plaintiff demurres.

And Judgment was given for the Defendant that his Plea was good.

And first it will be necessary to shew what the Nature of this Dispensing Power is, which is war_ranted by our Judgment; and that will best ap_pear by the Definition of it which is given in the 11. Report of my Lord Coke, p. 88 in the Case of Monopolies. Dispensatio mali prohibiti est de jure Domino Regi concessa propter inpossibilitatem pr�viden_di de omnibus particularibus; & dispensatio est mali pro_hibiti provida relaxatio, utilitate ceu necessitate pensat�. "For true it is (says the Book) that inasmuch as an Act of Parliament, which generally prohi_bits any thing upon a Penalty that is Popular, or only given to the King, may be inconvenient to divers particular Persons, in respect of person, time, or place; for this purpose the Law gives a power to the King to Dispense with particular Persons." And in the Seventh Report, pag. 63. in the Case of Penal Statutes, which was the opi_nion of all the Judges of England, 2. Jacobi, It is re_solved, That the King may Dispense with any par_ticular Person, that he shall not incur the Penalty of the Statute, tho it be an Act made Pro bono publico, and that this is a Trust and Confidence inse_parably annex'd to the Royal Person of the King. I cite these two first Cases chiefly to shew that a Dispensation in its nature is particular, and given to particular Persons by Name; which is all the Power that is attributed to the King by our Judg_ment. And this I mention because of an unrea_sonable mistake of most People that talk of the Dispensing Power, as tho the Kings Declaration of Liberty of Conscience, whereby all the Laws that concern Religion are at once totally suspended and laid asleep, were warranted by it: Let that Decla_ration stand or fall upon its own bottom, I am sure the Case I am now speaking of has nothing to do with it. And having by these Cases cleared the nature of all Dispensations, which are always granted to particular Persons (as Sir Edw. Hales his was in our Case, who was the first, and I think the only Person who then had such a Dispensation,) I shall now cite some of the chief Authorities upon which our Judgment was given in that Case; and the first and great Case that I cite, wherein the Kings Dispensing Power is described and limited, is in the Year-Book of Hen. 7. fol. 11. & H. 7.f.12. in these words, "There is a diversity (says the Book) between malum prohibitum and malum in se, as a Statute forbids any man to Coin Mony, and if he does, he shall be hanged; this is malum prohibitum, for before the Statute, Coining Mony was Lawful; but now it is not so, and therefore the King can Dispense with it. So if a Man Ship Wooll in any place but Calice, it is malum prohibitum, because it is prohibited by Act of Parliament, and the King can Dispense with it, and so in like cases: but that which is malum in se, the King nor no other person can dispense with, as if the King would give a Man power to kill another, or License one to make a Nu_sance in a High-way, this were void; and yet the King can pardon these things when they are done. These are the very words of that Book: and my Lord Vaughan discoursing of, and explain_ing this Case of Thomas and Sorrell in his Reports, p. 333. First, shews how a Dispen_sation differs from a Pardon. For a Dispensation does jus dare, and makes the thing prohibited (to all others) lawful to be done by him that has it: And therefore the King cannot dispense with mala in se because they never were, and can never be made lawful; but even these, says the Year_book, may be pardoned after they are done.

From these Cases, results this plain Syllogism. Whatever is not prohibited by the Law of God, but was lawful before any Act of Parliament made to forbid it, the King, by his Dispensation granted to a particular person, may make lawful again; to that person who has such Dispensation, though it continues unlawful to every body else.

But to execute any Office without taking the Oaths and the Tests antecedent to any Acts of Parliament made to forbid it, was lawful.

Therefore the Dispensation granted to Sir Ed_ward Hales did make it lawful for him to do so, though it continued unlawful for any body else.

In this Argument the premises are none of our own, we have them out of our Law-books; and the Authority of those books have never yet been questioned. I appeal then to any indifferent per_son, whether it can be Criminal in Judges, to draw a necessary Conclusion from Premises and Book-Cases that have been taken for Law for so many Ages together.

The next great Case is the Resolution of all the Judges of England, in the 2. of Henr. 7. in the Ex_chequer Chamber, upon the Kings Power of Dis_pensing with the Statute of 23 Henr. 6. cap. 8. That no Man should be Sheriff for above one Year. The recital in the preamble, and the whole pur_view, if compared with our Statute of 25 Car. 2. cap. 2. equals it in every particular, and in some goes beyond it: for the mischiefs recited in this latter Statute are only in these words, for prevent_ing dangers which may happen from Popish Recusants, and quieting the minds of his Majesties good Subjects. The Cause of making the Statute of 23 Hen. 6. is for preventing the Importable damage of the King and his People, Perjury, Manslaughter and great Oppression. The Purview Enacts,

1. That no Man shall be Sheriff for above a Year.

2. That all Letters Patents made for Years or Lives, shall be void.

3. That no Non obstante shall make them good, (which shews that the Parliament thought the King could otherwise have dispens'd with this Act by a Non obstante.)

4. Whoever acts by colour of such Letters Patents, shall forfeit 200l.

5. He shall be utterly disabled to bear the Office of Sheriff in any County of England.

6. That every Pardon for such offence shall be void.

Notwithstanding all this, it was adjudged in that Case before-cited by all the Judges of England (who were at that time as learned as ever sate up_on the Bench,) I say it was adjudged by all the Judges in the Exchequer-Chamber, that the Kings Dispensation with that Statute was good.

Having then this Case before us, if we should have judged the Dispensation not good in Sir Ed_wards Hales's Case, it must have been upon one of these two grounds: that is, either,

1. In the first place, we must have found some difference between the Kings power in that Case, and in this, which I confess, after the nicest inquiry, does not appear to me, and I wish any man would shew me any such difference if he can: or else,

2. We must have adjudged that Solemn Reso_lution given in the Exchequer-Chamber by all the Judges of England so long ago, and which has been taken for good Law for ever since, we must adjudge no Law: whereas the known Rule is, that after any point of Law has been solemnly setled in the Exchequer Chamber by all the Judges, we never suffer it to be disputed or drawn in que_stion again.

But our Enemies seeing the force of this Argu_ment have had the Confidence to say, that that point is not resolved in that Case, they might with as much modesty affirm, Thou shalt not bear false witness against thy Neighbour, to be none of the Ten Commandments; we can only reply in this case as in that, that if we have eyes to read, and common sense to judge, it is there resolved. Indeed there is another point about the Sheriffs passing his Accounts, which the Judges were di_vided in: but in the point of the Dispensation they all agreed, or else that other point could ne_ver have come in question.

But to put this beyond all Controversie, we have two things to offer.

1. First, That it has been cited as adjudg'd in several books of great Authority.

2. Secondly, It has been the constant practice to have such Dispensations in all Kings Reigns ever since that Resolution.

As to the first, Though I might cite many books, yet I will only cite three or four of the clearest and greatest Authorities: and the first shall be Fitzherbert, in his Abridgement of this very Case, Tit. Grant. 33. who lived near this time, and could not easily be mistaken in the sense of the Year-book; The Patent, says he, was ad_jugded good by all the Justices; but the Statute says expresly it shall be void, therefore it is only made good by the Kings Dispensing.

2. Next to him shall be Plowden, who, as all Lawyers will confess is as little like to be mi_staken in the sense of the Year-books as any Re_porter we have; and he in his Commentaries, p. 502. in the Case between Greendon and the Bi_shop of Lincoln; after citing the Case both out of the Year-book, and out of Fitzherbert's Abridg_ment, has these words where the Statute was, That the Kings Grant to any Man to be Sheriff of any County for longer time than a Year shall be void, not_withstanding any Clause of Non obstante to be put into the Patent, , there it is held, that the Kings Grant to the Earl of Northumberland, to be Sheriff during life must have a Clause of Non obstante, because of the precise words of the Statute before mentioned; and with such a Clause of Non obstante, the Patent to the Earl was good.

3. Next is my Lord Coke, who asserts the Kings Prerogative touching this matter in much higher terms than we would presume to do, in giving judgment in Sir Edward Hales his Case, for in his Twelfth Report, pag. 18. he has these words. No Act can bind the King from any Prerogative which is sole and inseparable to his person, but that he may dispense with it by a Non obstante, as a Sove_reign Power to command any of his Subjects to serve him for the publick weal; and this solely and inse_parably is annext to his Person: and this Royal power cannot be restrained by any Act of Parliament, neither in Thesi nor in Hypothesi, but that the King by his Royal Prerogative may dispense with it: For upon the Commandment of the King, and Obedience of the Subject does his Government consist: as it is provided by the Statute of 23 Hen. 6. cap. 8. That all Patents made or to be made of any Office of a Sheriff, &c. for term of Years for life in Fee-simple or intail, are void and of none effect, any Clause or Paroll de non ob_stante, put or to be put into such Patents to be made notwithstanding: And further whosoever shall take upon him or them, to accept or occupy such Office of Sheriff, by Vertue of such Grants or Patents shall stand perpetually disabled to be, or bear the Office of Sheriff within any County of England; by the same Authority, and notwithstanding that by this Act, First, The Patent is first made void. Secondly, The King is restrained to grant Non obstante. Thirdly, the Grantee disabled to take the Office, yet the King by his Royal Sovereign Power of Commanding, may Command any man by his Patent (for such causes as, he in his wis_dom doth think meet and profitable for himself and the Common-Wealth, of which he himself is solely Judge) to serve him and the weal publick as Sheriff of such a County for years, or for life, &c. And so it was re_solved by all the Justices of Englandin the Exchequer Chamber, 2 H. 7. And after some other cases to this point of the Kings Prerogative, he has this farther (says he) see 4 Hen. 4. cap. 31. In which it is Or_dained that no Welshman be Justice, Chamberlain, Treasurer, Sheriff, Steward, Constable of a Castle, Escheator, Coroner or chief Forester, nor other Of_ficer whatsoever, nor Keeper of Records, &c. in any part of Wales, notwithstanding any Patent made to the contrary, with Clause of Non obstante licet sit Wallicus natus: and yet without question the King may grant with a Non obstante. Thus far that Book, and I have transcribed the Book at large, that every body may see that the Kings Power of Dispensing with such Acts of Parliament as restrain his granting Offices, stands upon a peculiar reason besides the general one; upon which his power of Dispensing with other Penal Laws is founded. And that if this be a pernicious Opinion, we are not to suffer as the first Authors of it. But lest it should be Objected, that this is my Lord Cokes single Opinion; or that the twelfth Report is not of so great Authority as the rest of his Reports are: The same is Resolved by all the Judges of England, (if my Lord Coke be a faithful Reporter) in Calvin's Case in the seventh Report, p. 14. in these words: Every Subject is by his Natural Allegi_ance bound to serve and obey his Sovereign, &c. It is Enacted by the Parliament of 23 H. 6. That no Man should serve the King as Sheriff of any County above one Year, and that notwithstanding any Clause of Non obstante to the contrary; that is to say, Notwith_standing that the King should expresly Dispense with the said Act; howbeit it is agreed 2 H. 7. that against the Express Purview of that Act, the King may by a special Non obstante Dispense with that Act, For that the Act could not bar the King of the service of his Subjects, which the Law of Nature did give unto him. This is Reported (unless my Lord Coke had a mind to deceive the succeeding Judges, and draw them in, to give pernicious Opinions) as the sense of all th Judges of England in King James his time, in the Exchequer Chamber.

And now I would ask, these Cases thus sol_emnly resolved, are they Law? Or are they not? If it shall be said that they are not Law? What Foundation have the Judges to stand upon? Or what certain Measures can they take in giving Judgment, either between the King and his Sub_jects, or between Party and Party: If so many solemn Resolutions by all the Judges of England in the Exchequer Chamber, are not to be relied upon? If they are Law; then I appeal to all man_kind whether our Case does not come up in every tittle to the reason of those Resolutions: Whether the Act. of 25. Car. 2. do not bar the King of the service of some of his Subjects; and whether therefore for great Reasons, and in particular Cases he may not dispense with it.

But besides the Authority of this Case, we have the constant practice, that this Statute of Sheriffs has been constantly dispensed with ever since it was made; and if those Dispensations weer not good, then all persons Convicted upon Indictments found by Grand Juries, returned by such Sheriffs, are illegally Attained; then all Pannels of Juries returned, and other Process executed in Civil Causes, by such Sheriffs, was altogether erroneous, and it is strange that no body in so long a time should hit that blot.

Obj. The only Objection, that I hear, is made to this, by eminent men of our Profession, (who freely acknowledge the Authority of these Cases, and the Resolution in them, that no Act of Par_liament can debar the King of the service of his Subjects, which the Law of Nature gives him, to be good Law;) is this, that say they, It is not the Act of Parliament that debars the King of the service of his Subjects in this Case, but it is the default of those Subjects, who will not qualifie themselves for his service, by doing those things that the Statute requires. But for a full and plain Answer to this, I say,

1. First, We are not now considering these Grants of Offices, as they are beneficial to the Subjects, on whom they are conferred, but as the King has an interest in the service of those Subjects; and it is a known Rule in Law, that among common persons, no man shall suffer by the default of another; much less shall the King be prejudic'd by the default of any of his people.

2. But Secondly, Pray where is the difference between an Act of Parliaments barring the King directly of the service of his Subject, and doing of it by necessary and inevitable Con_sequence? As, if an Act of Parliament were made that no Man that is Lame or Deaf should serve the King in any Office, though they were otherwise well qualified for it; the King were as ef_fectually debarred of the service of such Subjects, as though they had been expressed by Name. I know it will be said, that these are Natural defects which the Subjects cannot help, but the others are Wilful Impediments, that may be removed, if they please.

But to prove that this is not so: I ask, Whe_ther when the Act requires Declarations and Subscriptions to be made, it should be done con_trary to a Mans Opinion, or according to it? Certainly no Man will say, contrary to a Mans Opinion, for that would be high Dissimulation, and more elude the ends of the Act, than not do_ing it at all. If then it must be done according to a Mans opinion, it is no more in any Mans power to change his Opinion, than to cure him_self of Deafness or Lameness. Every Man be_lieves, not because he will, but because he must believe. Error is a Disease of the Mind, as much as those beforementioned are of the Body. It is true, a Man may seek for Instruction, and use all means to be better informed; and so may a Man, in the other Case, try all proper Reme_dies to Cure his Distempers; but proper Reme_dies do not always effect the Cure, and often when they do, there is much time taken up in the Operation: and the King, who is in no de_fault at all, loses the service of his Subject in the mean time: And if this Prerogative be, as my Lord Coke says, Proprium quarto modo, and that it belongs to our Kings, as he says Omni, soli & semper: The King can be no more debarred of the service of his Subject for a month, or a year, than he can be debarred of it for ever; especially since in that month, or year, may happen such occasions, which afterwards during the joint Lives, of the King that is to command, and of the Subject to be commanded, may pro_bably never happen again.

Many other Cases of Acts of Parliament might be cited, as 8. R. 2.2. That no Man should go Judge of Assize into his own Country. And 10. E. 3. 3. That whoever has a Pardon of Felony, shall find Sureties of the Good Behaviour, or his Pardon shall be void; which Statutes have been constantly Dispensed with ever since they were made: but I resolve not to heap up all the Cases of Dispensations, but to confine my self to those that were, as they are before cited, the principal ground of our giving Judgment in Sir E. Hales his Case. Only after I have answered some Objections, I have two Authorities more to offer, which I take to be of greatest weight in this Case, and that is two Concessions of the Commons of England in Parliament, acknowledging this power of Dispensing to be in the King.

But first, To answer an Objection or two that I hear is made:

1. Obj. This Act was made pro bono publico, and in the Case before-cited, of 11. H. 7. The King cannot Dispense with a common Nusance; and this Case Dispensed with, would be as bad as Dispensing with a common Nusance.

Answ. Tho this will receive an easie Answer, yet I shall avoid giving it in words or reasons of my own (as I do all along, because I know they would be suspected and misconstrued) but in the words of my Lord Vaughan; whom I cite the oftener, because every body remembers him, and it is very well known, he was never guilty of straining the King's Prerogative too high. In Thomas and Sorrel's Case: The chief Reason why the King can't dispense with a publick Nusance, is said by him to be, because every particular person that has received damage by it, may have his Action, which the King cannot bar. Nor see I any reason, says he, page 335. Why the King may not Dispense with those Nusances by which no Man has right to a particular Action, as well as he may with any other offence against a Penal Law, by which no third person has cause of Action: from whence it follows, that if an Act of Parliament call an Offence a Nusance, from whence no particular damage can arise to a particular person to have his Action, the King may Dispense with such a nominal Nusance.

Now to apply this to our Case, for exercising an Office without taking the Test, no particular person can have an Action, because no particular person can have any Damage by it, (for an Action, as an Informer, is not meant, that being the Case of all popular Statutes) and therefore the King may Dispense with it, before the Acti_on brought: and in page 341. he explains this very well. No Offence, says he, against a Penal Law could be Dispensed with, if the reason of not Dispensing, were because the Offence, is contra bo_num Publicum, for all Offences against Penal Laws are such, p.342. though such Laws are pro bono publico, they are not Laws pro bono singulorum Populi (which are the Laws which the King can_not Dispense with, as will appear at large in the Concession of the Commons, 3 Caroli, which I will cite by and by) but pro bono Populi compli_cati, as the King in his Discretion shall think fit to or_der them for the good of the whole. In this Notion the Estate of every Pater-familias may be said to be pro bono communi of his Family, which yet is but at his discretion, and management of it; and they have no Interest in it, but have Benefit by it.

Obj. 2. But it is again Objected, that in Sta_tutes that are pro bono Publico, in a less degree, the King may Dispense. But this Statute was so highly necessary for the Publick, that it could not be Dispensed with.

Answ. To which my Lord Vaughan Answers in the Case before-cited. p. 344.

1. All Penal Laws, when made, and in force, are equally necessary, and in things necessary, there is no gradation of more or less necessary. 2. If any Penal Laws were possibly less Dispensible than others, those capitally Penal were less Dispensible than those less Penal. But it is not so: for Coining Mo_ney of right Alloy in imitation of the Kings Coin, is capi_tally Penal without licence, but it may be licensed, &c. It is capital to multiply Gold or Silver, by the Statute 5 Hen. 4. c. 4. but may be licensed, as was done to John Faceby, tempore H. 6. The Dispensation with a Non obstante to that Statute may be seen, Coke, Placita Coron� fol. 74. cap. 20.

Obj. 3. But if the King have a Power to dispense with one, he may dispense with twenty, with an hundred, and so the Statute may become of little force.

Answ. From the Abuse of a thing to draw an Argument against the thing it self, is no Conse_quence at all; it is, as is resolved in the Cases above cited, a high Trust reposed in the King, and if the King violate his Trust, there is never a one of his Prerogatives but may be abused, to the ruin of his People. To instance in one or two.

1. Every body will grant, that the King can pardon Murther and Robbery, yet if he should par_don every Murther and every Robbery that is com_mitted, it were better to live with the Cannibals in America, than in our Native Country; and the Human Laws that are made to punish those Crimes, would be rendered of as small force and effect, as it is objected the Law in our Case would be by frequent Dispensations.

2. There is no doubt, but the King may create any Man a Peer of England, and thereby give him a Vote in Parliament; yet if the King should abuse this Power so far as to create ten thousand Peers, or confer this Honor upon every body that asks it, no doubt it were a total Destruction of the Legislative Power of the Nation. And yet in either of these Cases, (or in any other branch of the Kings Prerogative) if the Judges should judge the King had such a Prerogative, it were an unreasonable Ob_jection, to say, These Prerogatives may be abused; Ergo the Judges have given a pernicious Judgment.

When we were to give Judgment in Sir Edward Hales his Case, we could neither know, nor hin_der if we did, any ill use the King might make of this Power, we were only to say upon our Oaths, whether the King had such a Power or no, and for that we had the great Authorities above-cited, and two much greater than those; I mean two se_veral clear Concessions of all the Commons of England in Parliament assembled, of this Dispens_ing Power to be in the King; and that not in a sub_miss complying temper, but when they were in a high Debate with the Crown (especially in the latter Case) about the Violation of other Laws.

And the first of these is Rot. Parl. 1. Hen. 5. n. 15. and it is printed in Rolls Second Abridgment, Tit. Prerogative 180. the Record is in these words, The Commons pray that the Statutes for Voiding of A_liens out of the Kingdom, may be kept and executed: To which the King agrees, saving his Prerogative, that he may Dispense with whom he pleases; and upon this the Commons answered, that their intent was no other, nor never shall be by the Grace of God. There were as great apprehensions of Dangers and Inconvenien_cies from Aliens then, as there is from Roman Ca_tholicks now.

And afterwards, in the same Parliament, [Rot. Parl. 1 Hen. 5. n. 22] when the Commons pray that the Statutes of Provisors, Statutes of the same Nature with this in our Case; (for they were made against the Court of Rome's encroaching Jurisdi_ction in England;) I say when they make the like Prayer, that these may be put in execution, being admonished by the Kings Answer in the former Case, they themselves insert in their very Prayer, a Saving for this Prerogative of the Kings, and then the King agrees to it.

But the plainest Concession of the Commons of England assembled in Parliament, was that 3 Caroli, upon a Debate between the Two Houses, upon the Petition of Right; it is in Rushworth's Collections, First Part, as it was deliver'd by Mr. Glanvill, in a full Committee of both Houses of Parliament, 23. May 1628. in the Painted Chamber: and that what he says as to this matter, may not pass for the single opinion of Mr. Glanvill, (tho he was a Learned Man) he in the presence of the Commons, addresses himself to the Lords in these words, p. 571. Having thus reduced to your Lord_ships Memory the effects of your own Reasons; I will now with your Lordships favour, come to the points of our Reply, wherein I most humbly beseech your Lordships, to weigh the Reasons which I shall present, not as the sense of my self, the weakest Member of our House, but as the genuine and true sense of the whole House of Commons, conceived in a business debated there with the greatest Gravity and Solemnity, with the greatest con_currence of Opinions, and Unanimity that ever was in any business maturely agitated in that House. And then coming to speak of the Point in question, he delivers the sense of the Commons in these Words: There is a Trust inseparably reposed in the persons of the Kings of England, but that Trust is regulated by Law; for example, when Statutes are made to prohibit things not mala in se, but only mala quia prohibita, under certain forfeitures and penal_ties accrue to the King, and to the Informers that shall sue for the breach of them: the Commons must, and ever will acknowledge a Regal and Soveraign Pre_rogative in the King, touching such Statutes, that it is in his Majesties absolute and undoubted Power, to grant Dispensations to particular persons, with the Clauses of non obstante, to do as they might have done before those Statutes, wherein his Majesty con_ferring Grace and Favour upon some, doth not do wrong to others; but there is a difference between those Statutes and the Laws and Statutes whereon the Petition is grounded: By those Statutes the Subject has no Interest in the Penalties, which are all the Fruit such Statutes can produce (that is, to such Informer) until by Suit or Information commenc'd, he become intitled to the parti_cular Forfeitures; whereas the Laws and Statutes men_tioned in our Petition, are of another Nature; there shall your Lordships find us to rely upon the good old Sta_tute called Magna Charta, which declareth and confirm_eth the ancient Common Laws of the Liberties of Eng_land. There shall your Lordships also find us to insist upon divers other most material Statutes, made in the time of King Edward III. and King Edward IV. and other famous Kings, for explanation and ratification of the Lawful Rights and Privileges belonging to the Sub_jects of this Realm: Laws not inflicting Penalties upon Offenders in malis prohibitis, but Laws declarative or positive, conferring or confirming ipso facto, an inhe_rent Right and Interest of Liberty and Freedom in the Subjects of this Realm, as their Birthrights and Inhe_ritances descendible to their Heirs and Posterity: Statutes incorporate into the Body of Common Law, over which (with reverence be it spoken) there is no trust in the Kings Sovereign Power or Prerogative Royal to enable him to Dispense with them, or to take from his Subjects that Birthright or Inheritance which they have in their Liberties, by virtue of the Common Law and of these Statutes.

I have the rather cited this at large, because it is a clear acknowledgment of the Kings Dispensing Power in as large a manner as we have adjudged it, and does at the same time vindicate it from one of the most clamorous, the most malicious, but withal, the weakest Objections that ever was made against it. By this Judgment say they, you have cancell'd all our Laws, and given up our Lives, Liberties and Estates, to be disposed of at the Kings pleasure. It is plain, that this is no Conse_quence at all; for the Commons here in Parliament, at the same time that they expresly grant that the King has undoubted Power of Dispensing with Laws prohibiting things that are not mala in se, but only mala quia prohibita, Laws that are made, as my Lord Vaughan expresses it, pro bono populi com_plicati; yet they utterly deny, as they had good reason to do, that the King can Dispense with one tittle of Magna Charta, or any of those other Laws whereby the Lives, the Liberties, the Inter_ests of any of the Subjects are conferr'd upon, or confirm'd to them; for these are Laws pro bono sin_gulorum Populi, which the King never can Dispense with. And as to this matter, I do not know whe_ther it will be proper, but any man so sensibly touch'd in his Reputation, may be provok'd to commit some Indecencies. I must appeal to all men that have observed my Actions and Behaviour since I have had the Honor to sit upon the Bench, whether I use to be guilty, in Laws of this kind, to strain the Constitution of them for the Kings In_terest. First, in such Laws wherein the Lives of men have been concerned, I confess, I have been scrupulous even to a Fault; for in some Cases upon Statutes that had been adjudged Felony by wiser and better Judges than my self, and it was highly for the Kings service they should be so, yet I could never give Judgment of Death, because I could not satisfie my own Conscience that those Statutes were now in force. And in other Cases wherein the Rights of the Subjects have brought in question, how strictly I have kept to that substan_tial difference taken by the House of Commons, that though the King in Laws of Government, in Pe_nal Laws of a publick nature, has a power to Di_spense in particular Cases; yet he cannot Dispense with Laws which vest any the least right or pro_perty in any of his Subjects; will appear by the Opinion I gave in the Case of Magdalen Colledge, (for the truth of which, I appeal to all that know any thing of the Transactions in that Case) where_in, when the Kings Right against the Colledge, was endeavour'd to be asserted by a Dispensation granted by himself, I utterly denied that Dispen_sation to be of any force at all, because there was a particular Right and Interest vested in the Mem_bers of that Colledge, as there is in the Members of many other Corporations, of Choosing their own Head. So far have I been from giving up all Mens Lives, Liberties and Properties to the Kings pleasure.

I had forgot to take notice of two or three Ob_jections more that are usually made.

Obj. First, here is a Disability, and the King cannot dispense with a Disability. As the Statute against buying Offices, the King, say they, can_not Dispense with, for that reason.

Answ. There is the same Disability in the case of Sheriffs, and yet resolved that the King can Dispense in that Case, and the reason in the Statute of buying Offices, or sitting in Parliament with_out taking the Oaths, is because there is a Disabi_lity actually incurr'd, and when any person is actually disabled, he cannot have his disability taken off but by Act of Parliament. But in the Statute dispens'd with, in the Case of Sir. E. Hales, there is no Disability actually laid upon any man; but certain things are required to be done, and as a penalty for disobeying the Act, and omitting the doing those things required by it, the Disability with the other Forfeitures are to be incurr'd after Conviction. Now the nature of Dispensations be_ing, as was shewed before, to make the thing Law_ful to him that has it, which is unlawful to every body else; it does plainly prevent the committing any offence by that person, and consequently the incurring any Penalty or Disability at all. But in the case of buying Offices the person is disabled before the Dispensation comes, for he is disabled ipso facto by contracting or dealing for the Office. So the true difference between the Case of Sheriffs, and the Case of buying Offices is this, That the King in the one Case can prevent the incurring a Disa_bility, but cannot purge it in the other after it is incurr'd. To illustrate this by a Case of the like nature, The King may prevent an Attainder, but he cannot purge an Attainder. If a Man has committed Treason or Felony, the King by granting his Pardon may in_fallibly prevent the Offenders ever being Attainted, but after he is once actually Attainted, the King can by no means take off that Attainder, or purge the Corruption of Blood, but by Act of Parliament; provided the Judge_ment by which he is Attainted be not Erroneous.

Obj. But it is Objected, that these Laws were made for the Interest of Religion, and all Offen_ces against Religion are mala in se, and there_fore not to be Dispensed with.

Answ. I Answer that true it is, all Offences that are directly against Religion, and as it is Consti_tuted such by the Divine Law, are mala in se, and not to be Dispensed with; and in this Case the Parliament is bound as well as the King; for an Act of Parliament made against Religion in that sence is utterly void, as is instanced in Doctor and Student, of an Act, That should forbid the giving of Alms upon any occasion, &c. But Humane and Poli_tick Constitutions, though made for the Interest of Religion, as they had a beginning, so they are alterable by the same power that made them; and therefore the breaches of them are in their nature mala prohibita, as was Resolved in the great Case of Dispensations, in 11 H. 7. above_cited, and instances given; as the King may dispense with a Priests holding of two Benefices: though the Laws a_gainst Pluralities were made for the Interest of Religion, and the better Edification of the people. So the King may dispense with a Bastards entring into Priests Orders, &c. These instances are taken for Law in that Year-Book.

But to all this I know it is said, that these high Trusts and Prerogatives might be always safe, and sometimes useful, in a Protestant Princes hands, who would faithfully discharge the duty of one that ought to be Custos utriusque tabul�; but when these Prerogatives are asserted to a Prince who is of a contrary Religion to that Establish'd by Law, there would be always danger of their being abused to the prejudice or destruction of the Establish'd Religion.

To which I answer, that it cannot be forgot_ten that the Promoters of the Bill of Exclusion used the same Argument: If you leave him King, say they, he will have all the Prerogatives of a King, and those Prerogatives may be made instrumen_tal to the ruin of your Religion; which could not be denied by the Gentlemen on the other side, who oppos'd that Bill. Their only Reply was, Fiat Justitia ruat Cœlum, it is his right, and we must not do evil that good may come; we must not do wrong, no not to promote the Interests of Religion its self. The same Argument that weigh'd with them to assert the right of Succession to the Crown of England, and consequently to all the Prerogatives together, was the Rule we had to guide us in giving Judgment in this Case con_cerning a particular branch of them. We must not break our Oath, nor give Judgment contrary to what seem'd to us to be Law, let the Consequence be what it will.

But it has been farther Objected to me, by some of my Friends, that, though I could not in Con_science have given Judgment against the King, being of the Opinion that I was, yet I should ra_ther have parted with my Place, than to have gi_ven a Judgment even according to Law, which might be so prejudicial to that Excellent Religion that I profess; and of which when I cease to be, let me cease to be at all.

I Answer that neither in Prudence nor in Con_science I could have taken that course.

First, Not in Prudence; for I confess, that saying Omnia dat qui Justa negat; had great weight with me in the Case, and that I was of opinion since an incroachment of Jurisdiction was fear'd, there could not be a greater, nor more dangerous provocation to it, than for Protestant Judges to refuse to give Judgment for a Prince of a diffe_rent perswasion, in that which we could not deny to be his Right.

And next in Conscience, I could not decline gi_ving Judgment in this Case; for by our Oaths we are as much obliged to give Judgment one way or other, as we are to give what we think a righteous Judgment in all Cases that come be_fore us.

It hath been Objected that all this was a Contrivance, an Informer set up, and all but a feign'd Action.

As to this matter, I can truly say that I don't re_member that I ever heard of this Action, till af_ter it was actually brought: but in this there seems to be no hurt or inconvenience at all. The Law is as well tryed, and settled in a Feigned Action, as in a True. There are Feigned Actions directed every day out of Chancery, to this very purpose, that great and difficult Points of Law may be settled by them; and why the King might not direct such an Action to be brought, to satisfie himself whether he had such a Power, and if he had, that the people might be satisfied, and acquiesce in it; I confess I see no difference at all. If there were indirect means used for pro_curing Opinions, or the like, I have nothing to say to it. I stand upon my Innocence, and chal_lenge all the World to lay any thing of that kind to my charge. My part was only to give my own Opinion, in which, if either by misunderstanding the Books that I have cited, or by drawing weak Conclusions from them, I have erred in the Judgement that I gave; how can I for this be charged as a Criminal? The Law neither sup_poses, nor requires an Infallibility in any of his Majesties Courts of Justice; it were very unea_sie Sitting in them, if it did. We can but judge according to the Books that lie before us, and according to the measure of our understanding of those Books: we have not always so much light to guide us, as we thought we had in this Case. We often meet with Cases new and rare, and very ill settled by former Judgments, where we are forced to dig Truth as it were out of the Mine; to compare and distinguish, to skreen and sift, and gather the sence of the Law out of the confusion of disagreeing, and very often contra_dictory Opinions, as well as we can; and if af_ter all our Labour and our Pains, we happen to be mistaken, it was never yet imputed as a Crime. The Judgment is Reversed in a Writ of Error, not only without any Accusation, but without the least Reflection upon him that gave it. Nor can a mistake in Judgment be more Criminal in a matter of a greater Concernment, than it is in matters of the least Consequence. It would be very mischievous, and very dangerous if it should: for if in questions of Prerogative, any mistake shall be made Capital on the one hand, when Judgment is given for the King; why succeeding Princes may not be as angry at any mistakes on the other hand, I cannot ima_gine. And when once affairs are come to that pass, there will be great encouragement for any Man, that can make the least shift to live with_out it, to undertake those very necessary, but very difficult, and very troublesom Imploiments; great freedom for Men to give Judgment accord_ing to their Opinion, and their Conscience, and great reliance upon the resolutions of those, who know they shall be sure to pay with their Lives and Fortunes, for any mistake of theirs, either to the King or the People, as either of them shall happen to get the upper Hand. For my own part I thank God I can say these two things: First, That for these ten years together, wherein (with very little intermission) I have Sate a Judge in several Courts, though I may be justly accused of my weaknesses and mistakes, yet I have ne_ver given Judgment in any one Case against the clear Dictates of my Reason and my Consci_ence. And the second thing is, That I never gave Judgment in any controverted Point, where_in I had so many, and so great Authorities to warrant it; as I have to warrant that Judgment which was given in Sir Edw. Hales his Case. And this I say, not to set up that Opinion again in a Pamphlet, which was so ill relished in a Court of Justice, nor to oppose my Sence to the Judg_ment of the Nation; for I think it is very fit that this dark Learning, as my Lord Vaughan calls it, of Dispensations, should receive some Light from a determination in Parliament, that Judges for the time to come, may Judge by more certain Rules, which Acts of Parliament the King may, and which he may not Dispense with; but I have cited those Authorities at this time in my own Defence, and for these particular purposes: in the first place, to shew,

1. That we are not the first Inventers of this Dispensing Power, but that it has been allowed without Controversie, to the Kings of England in all Ages, that they might Dispense with ma_ny Acts of Parliament.

2. That if our Judgment was erroneous, and that the King could not Dispense with that Act of Parliament, yet that Error was but an Error in that single Case, and had no such large and mischievous Consequences as is pretended. For that, because we Judged that the King could Dispense with that Statute, for others to conclude from thence, that therefore he had a Power to Dispense with all other Statutes, especially such as confer or vest in any of the Subjects any manner of Interest whatsoever, in their Lives, Li_berties, or Estates; or that, because the King may Dispense with a Penal Law, wherein a dis_ability is annexed to the breach of it as a Penalty, and that Penalty not to be incurred before a Le_gal Conviction, and where the Kings Dispensa_tion makes the thing Dispensed with Lawful, and consequently prevents any Conviction or Penal_ty at all: for others to conclude from thence, that therefore the King may Dispense with such Statutes, where a precedent disability is actually laid upon any Man, as there is upon the Mem_bers of both Houses, till they have taken the Oaths and Tests prescribed, and therefore with_out question is not in the Kings power to Dis_pense: I say, these are Consequences which may flow from the heated imaginations of an_gry Men, but have no warrant or foundation at all, from the Judgment given by us.

I have one thing more to say in my Justifi_cation, which is, that if I have been guilty of so hainous Offences as I am accused of, where is the Temptation or the Reward? If it was to keep in my Judges Place, which otherwise I might have lost; I can only answer, that if that were the Case, I then became the worst Man in the World, only to keep that, which, it is pretty well known, I was with much difficulty, by the persuasion of my Friends, prevailed with to ac_cept: and for any other Reward, whoever is ac_quainted with the circumstances of my Fortune, will, I am confident, notwithstanding the false and idle reports, of I know not what great Re_versions lately fallen to me, as easily acquit me of having been corrupted by the King, to give a pernicious Judgment in this Case, as of having enriched my self by taking Bribes in Cases between party and party.

All that I have to add more, is, that howsoever this that I have said in my Defence, may happen to be understood at present: yet I could not de_ny my self the satisfaction of having put in a Plea of Innocence at least; that whatsoever shall happen to me now, may perhaps meet with a more equal Judgment in after-times, since it ought to be much less uneasie to me to lose my Life, if any body be very fond of taking it, than to let the aspersions that are every day cast upon me, to pass in silence, or suffer my self to be transmitted to Posterity, under the Character of a Betrayer of my Religion, or a Subverter of the Laws and Liberties of my Country.

FINIS. &horbar |CLA |Y1697

ERRATA's.

A LETTER TO A FRIEND, IN Vindication of the Proceedings AGAINST Sir JOHN FENWICK, BY Bill of Attainder. With some Remarks on his Printed Paper. &horbar &horbar LONDON, Printed for Samuel Heyrick, at Grayes-Inn-Gate in Holborn. MDCXCVII.

&horbar &horbar TO THE READER.

I Was never a very great Friend to Apologies; yet I find it necessary, at this Time, to make use of them. I do it for the satisfaction of such who may ask, why this Paper came out no sooner? and, why, after such a Delay, it came out at all? seeing the Business of it, as they conceive, is blown over, and the Town has fresh Subjects to talk of.

For the First, the Delay; a desire of seeing some Memorials not to be immediately had, and of discoursing with some Persons not every day to be met with; a great deal of other Business, and an expectation of something of this Nature from other hands; as they are true Suggestions, so, I presume, they make up a just Excuse.

Concerning the Second, the Unseasonableness of this Account, I take the confidence to say that it seems to me to be a very great Mistake. For there is a Party, (who know better what they are against, then what they are for) whose Heat, tho' very violent, is yet perpetual. This is evident to all who are either so curious as to enquire after the Papers they Spread abroad, or so unhappy as to engage with them in Discourse. The Matter is by no Means over with this sort of Men: The Bill of Attainder is their daily Subject. They are Transported with so great a rage against it, that for the sake of it, they declaim against all Acts of Attainder. Tho' the Memory of Queen Elizabeth is not, upon other accounts, much valued by them; yet, in this Point they represent it as the Glory of her Reign, that no Act of Attainder passed in it. I am not going about to justify all such Acts, or to plead for the frequency of them. But I would, upon this occasion, observe to the Men of this Faction, that Queen Eliza_beth did pass such Acts; and that the last, which the late King James passed, was very far from the Reasonableness and Justice of either those in Her Time, or of this in King Wil_liam's. Queen Elizabeth did, in Ireland, pass many Acts of Attainder; and, in some of them, great Numbers of Persons were included. Act of Irel. 11 Eliz. c. 3. 13 Eliz. c. 5,7. 27 Eliz. c. 1. 28 Eliz. c. 7,8. And I cannot but take notice, that in the last Act, here cited, for the Attainder of John Brown of Knockmontin, and very many others; (I think in some of the rest too) the Stile runs thus: "It may please your High_ness for the good preservation of Your most Excellent Majesty's Government, and of the good Peace, Unity, and Rest of all Us Your most bounden and obedient Subjects thereof, the Lords Spiritual and Temporal, and the Commons in this Parliament Assembled, that it may be enacted by the Autho_rity of this present Parliament, that the said John Brown, John Bradah, &c. be, and shall be, by the Authority of this present Act, Convicted and Attainted of High_Treason." So that, in the Judgment of those Times, such an Act was not reckoned, Inhumane and Unmerciful, and of very ill Consequence to the Publick; but, a present Means to the Common Good. That Excellent Queen, who was always the same, could not look upon an Act of Attainder, as mer_ciful in one Country and unmerciful in another.

The late King James, by an Act of a pretended Parlia_ment, assembled at Dublin, May the 7th, 1689, Attainted of High-Treason, above Two Thousand Four Hundred, of the Nobility, Gentry, Clergy, and Commonalty of England and Ireland (amongst whom as there were several Women and Children, so there were some Great Persons, now sitting here in the House of Lords, viz. James Duke of Ormond, Robert Boyle Earl of Cork, John Earl of Mulgrave); the List of whose mere Names fill no less than Thirty Pages in Quarto, close printed in Columns. Where now is the Im_partiality of those Men, who will not suffer one hard Word to fall, which may censure King James's Act: whilst with all Bitterness they arraign this of King William? Yet in This the Legislative Power found it necessary (at least in one Instance) to exert it self; that Conspirators might not for the future, learn a Method of escaping from Justice, by taking off a Se_cond Witness, by Bribery, Poyson, or other evil Means. The Consequence of such Encouragement would be, the en_dangering of our Religion and Property, and the bringing us to Wooden Shoes, and Deities, of a like Insensible Sub_stance. To me it is manifest, that the Legislative Power pro_ceeded upon the truest, and noblest Principles; I mean those of Justice to the Person and Charity to the Publick. These are founded on true, unbias'd, and (as I may call it) dry Reason; which is the Soul of Law: whereas the Pity which would save from Punishment such particular Persons as are Enemies to the Kingdom, and rather justify then acknowledg their Crimes, proceeds from a Judgment so macerated in Bodily Passion (as a great Man speaks) that it is both un_manly and mischeivous. The Mercy of such a Passion is cruel. It says, in effect, to the Chirurgion, You Bloody and Barbarous Man, will you be so unmerciful as to cut off the Gangreen'd Arm? Rather then be so Inhu_mane to it, let the Body perish.

I hope, that notwithstanding the Clamour of Men, trans_ported with the Heat of Popish Zeal; the Legislative Power will always prefer the publick before the private Good: And the Character of this Reign will be true Clemency; which is on one side fenced against Rigour, and against Remisness, on the other.

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

SIR,

I do not wonder to find you concerned to know upon what grounds the Act of Attainder was lately carried. The De_bates were long, and the contradiction was great. Every thing that is unusual, and that in the first appearances, seems a strain upon Justice as well as Law, needs a Commen_tary. A short prejudice does sometimes seize one so strongly, that a long Discourse will be necessary to settle his judgment aright: and therefore I shall endeavour to give you as full an account of that whole matter as I have been able to collect, ei_ther from what I learned from the Bar of both Houses when all were permitted to come in, or from discourse in Conver_sation afterwards; which, I hope, will serve, without any ad_ditions or observations of my own, to help you to see this mat_ter in a clear light, and to take off from your self or others, any Impressions that flying Reports or some short Papers may have made. It has been the more easie for me to procure you such an Authentical Relation of that matter as will satisfie you, because both Houses of Parliament did, upon this occasion, slacken their otherwise necessary Rules of having all their Debates with shut Doors, and only among themselves. They seemed in that to comply with the Methods of the Justice of this Kingdom; in which Judges argue and give their Opinions in Open Courts, and in the hearing of all: So, since they brought a Gentleman to a Tryal, they not only hear Councel and Wit_nesses with open doors; but, in most of their deliberations, they acted like a Judicature that was neither afraid nor asha_med to own what they did. But, to bring those Debates, of which I was so lucky as to hear a great deal, under some Form, I shall lead you, as they proceeded, by these steps.

I shall show you on what reason they proceeded by Bill in this Case.

2. On what reason they went out of the Common forms of Law in Inferior Courts, in some steps that they made.

3. Upon what grounds it was that they judged this Unfor_tunate Gentleman Guilty: and then,

4. I shall acquaint you with some passages before and at his Execution.

In stating these matters to you, I shall comply faithfully with your desire of knowing what was said of both sides, for, and a_gainst every step that was made: as far as I was able to collect from what was said.

It was in general objected that there were Laws, and Courts of Law where Offenders were to be tryed.

It was thought a thing of dangerous consequence to proceed against any by Bill, which might have fatal effects, even to the subversion of the Laws of the Kingdoms; which (if in any thing) ought to be observed most sacredly in what relates to the Lives of the Subjects.

It was said, that Factions might prevail in Parliament as well as elsewhere, and what was done at one time would be made a Rule or Precedent to warrant the like at another time.

It was alledged, that Subjects knew the Laws, and how to govern themselves by them, or when they must fall under them; but no Man could know what a Parliament might call or make a crime, and so no man could be safe.

It was yet more necessary that this should be certain in Ca_ses of Treason, where the Punishment went not only to life, but to the corrupting the Blood.

By the great Statute of Edward III. the Overt Act must be proved. By that of Edward VI. there must be two Witnesses brought face to face: and all these securities were of late re_inforced by the New Act of Tryals in Cases of High Treason; but all these would signifie nothing, if this Method were taken of attainting men by a Law. This was inforced with a variety of Topicks, as you see the Subjects can well bear them.

But in opposition to all this, it was said, that the Parliament had often proceeded in this method. Very many Precedents were cited of Ancient times; some of these were indeed after_wards condemned, but so were also the Proceedings at Com_mon Law: for partial Juries and corrupt Judges are plagues that have visited us but too often. Therefore it was no dero_gation from Parliamentary Proceedings, to confess that in bad times they have been unjust and extreme.

Still the Authority was kept up, as that which had been re_served by the Proviso in the Statute of 25 of Edward III. and though that Proviso had not been made, the Nature of this Go_vernment of ours in England makes it.

It was indeed seldom to be made use of; but when enormous crimes broke out, against which no Provision had been made, Then a Law, as they thought, might declare the Nature of such crimes and apply a proportioned Punishment to them; so in King Henry VIII. time, when a Pot full of Pottage was poisoned in the Bishop of Rochester's Kitchen, of which some eating of it had died; poisoning was declared by an Act to be High-Trea_son, and the Punishment of it was to be boiled alive, and the Cook suffered by that Law; which was never censured by any.

When the Nun of Kent pretended to Visions, that revealed to her the unlawfulness of that King's purpose of Divorce and of a second Marriage, and that if he did go on to it, he should dye a Villains Death; the Parliament adjudged this to be the Crime of Treason against the King's Life and Crown, and con_demned some to be attainted of Treason, and others of Mis_prision, for the share they had in it. This Sir Thomas Moore justified.

It is true, Attainders grew to be much in use during the rest of that Reign which was much and justly censured. These things ought not to come too often; the crimes ought to be enormous, and the Evidence ought to be so full that no doubt can remain of it: Many were then attainted upon Depositions produced with_out bringing the Witnesses themselves to be examined; the crimes objected were slight matters, some passionate words, some Coats of Arms, some pieces of Embroidery, as in the Case of the Countess of Salisbury and the D. of Norfolk; but the chief injustice of all was that Prisoners were attainted without being brought to answer for themselves, or to object to the Evidence laid against them. A Parliament was certainly under the eternal Laws of Justice, and therefore it was an injustice never to be excused not to admit men to speak for themselves. One Attain_der past in Edward VI. Reign, when tho' the party was not heard, the Witnesses were heard; but when the D. of So_merset came to be Tryed both for Treason and Felony, he had not the benefit of the Accusers being brought face to face, but was proceeded against upon Depositions read in the Court; he was acquitted for the Treason but cast for Felony, and that occasio_ned the Act which the Commons Grafted upon a Bill sent down by the Lords in the subsequent Session.

In Queen Elizabeth's long Reign there was indeed no Attainder, but there was a very extraordinary proceeding supported by a Parliamentary Authority in a famous tho' invidious Case; and if a Parliament may supersede any of the common Forms of Law they may carry that as far as they see good cause.

In Kings James's time those who had been concerned in the Gun-Powder-Treason were by Act of Parliament attainted after they were dead, which was plainly against the Law; for when a Man dies, by our Law all his crimes dye with him.

In King Charles the First time the much talked of Attainder of the Earl of Strafford has been generally ill represented; he was attainted upon the Evidence of one Witness, who deposed that he had offered an advice to the King to bring in a Forreign Force to subdue the Kingdom; whereas all the other Witnesses said that by this Kingdom they meant no other but the Kingdom of Scotland then in Rebellion, no discourse being of England; so whether he said this Kingdom or not they could not say, but they understand it all to relate to Scotland. Now since the Re_lative this, tho' in general it belongs to the place where one is, yet may well belong to that which was the subject of the dis_course, tho' this Kingdom in general is certainly this Kingdom, yet these words this Kingdom may be understood of that King_dom of which they were speaking. The Execrableness of that pro_ceeding was the attainting a man upon single Evidence when the sense of them was so doubtful, or rather on the contrary when it was so certain that those words were to be understood in another sense. It was therefore the injustice of the proceeding that is here to be accused, and not the procee_ding by Bill. For it is hard to tell what any Parliament would do, or rather what it would not do against a Minister who upon their refu_sing to give all the supplies that were asked, should tell a King that he was absolved from all the Rules of Government, and might bring in a Forreign Army to subdue his People.

In King Charles II. time, some of the chief Regicides were at_tainted after their deaths and their bodies were raised and expo_sed to infamy, tho' no Law could reach that.

And in King James II. time, the D. of Monmouth was attain_ted in absence without assigning him a day to come in, and that upon a Slender proof. By this, not to run backward to ancien_ter Precedents, it is clear that Parliaments are in the constant practise of Bills of Attainder.

But to justifie such a way of proceeding two things are ne_cessary. 1. The Crime ought to be of a high nature in it self; who will say but a Conspiracy to blow up the House of Com_mons, to blow up the Magazins in the Tower, or to burn the Fleet of England, tho' in themselves but misdemeanors, may be raised by a Parliamentary authority to be Crimes of a higher nature and so be punished accordingly, as poisoning was from being but Felony declared to be high Treason. 2. Another thing is that the Evidence must be certain, so certain that none can doubt of it. When these two are observed no injustice can be done; and certainly tho' forms are necessary for all the Infe_riour Courts of Justice, yet the Supreme Authority is above them, and is under no other rules but the rules of Justice and Equity.

This Government has a peculiar felicity belonging to it, that it admits of no Torture; every one will acknowledge that it is a felicity, and it is so peculiar to us that no Government now in the World, the freest not excepted, has shut it out, but this only. But to ballance this when Cases happen of great consequence, and notoriously evident, in which all the ordi_nary forms of Law cannot be observed, the legislative Authority may and must interpose, otherwise the Publick might be endan_gered by too scrupulous an adhering to forms.

The Romans who of all Nations both understood Liberty the best, and liked it the most, reckoned that sort of Justice was in_deed never to be departed from; but their Laws might be su_perseded; sometimes they put all in the power of the Consuls with a viderint Consules, &c. when the danger was more ex_treme a Dictator was made in whose breast all the Laws were lodged. In great Cases the People judged and sometimes in a very summary way with great regard to Justice, but little to Law, when it seemed to stand in the way of Justice: And yet in all the time of liberty, there were not above three condemned for affecting to make themselves Masters of their Liberties.

The Portian Law had secured all the Roman Citizens from Capital Punishments, yet a few years after it had passed, a whole legion having perfidiously fallen in upon Rhegium, the Romans without regard to that Law put them all to death, such regard had they to Justice.

In all free Governments, there are extraordinary methods for extreme Cases, and tho' Courts are justly put under Rules yet that superiour authority is above all. Such were the Dictators at Rome, such are the Inquisitors at Venice (not the Eccle_siastical but Civil Inquisitors) such are the Chambers of Justice among the Grisons, and among all out of England upon a cre_dible tho but single Evidence Torture is made use of.

In England Tryals of Treason went at first at large by the Common Law, till the Statute of Edward III. hath both limi_ted the Crimes and the Evidence. This had still a reserve in it for a Parliamentary proceeding, which amounts to this, that as to Evidence, Parliaments may proceed as Juries do in case of Felony to cast the Party upon a single Evidence with strong Presumptions, and that as to the Nature of Crimes such actions as do in their own nature tend to the destruction of the Govern_ment, tho' not enumerated in that act, may by them be decla_red to be High Treason. There is no occasion for this in the present case; that is, for declaring it by any new Act to be Treason; The inviting of a French Army into England being certainly High Treason.

As for its being a Precedent, it is, only a Precedent to a Parlia_mentary proceeding. When any Parliament has a mind to proceed in this way, they have already Precedents enough: A new one after so many does not make the matter much stronger. If they had none at all, their supreme power sets them above all forms and rules except that of real Justice. They must take care of the publick, and secure it from danger. They must not put an innocent man to death upon no account whatsoever, that were murther in them. The greater their power is the more careful they ought to be in the use and application of it. England is safe while in the hands of a Parliament. They are in their own hands, in the hands of their Representatives. But if ever the Nation is so unhappy as to make a very bad choice, it must perish, whether a body so ill composed had Precedents or had them not for what they were about to do. This great Au_thority must be applyed with great care and caution. The na_ture of the fact must be enormous, and highly so (as has been before observed) otherwise it does not deserve their regard, even tho' it might be very criminal: And what can be more enormous than to treat and send Messages to invite over a French Army? It were invidious as well as it is needless to aggravate this which carries in it all the miseries imaginable that can hap_pen to a Nation, and that from our being the happiest would soon render us the miserablest Nation upon Earth. We have all seen during the progress of the War, a Body of unnatural men among us that were visibly favouring our Enemies in instances that have been too publick and scandalous to need to be insisted on. To these we may justly impute both the length of the War, and the dangers we have been in, of being twice sur_prized by Forreign Invasion from La Hogue and Dunkirk. To this all the dangers the King's Person has been in of Assassinations may be also ascribed; and with respect be it said, the assassina_ting the Kingdom, to which the other was to make way, was much the blacker Crime. Confusions among our selves, tho' they may throw us into great Convulsions, in which our Kings may have a very dismal share, as happened in the late Wars, yet they may have their Crisis. The Nation came again to it self in the year 1660. and all things returned to their former State. But a Forreign Conquest enslaves us and our Posterity for ever. And whereas it was said by the Councel for the Pri_soner, that this Gentleman was not so considerable that the safety of the Government could be in danger by his means, and that therefore it was not necessary to proceed against him in so extraordinary a manner; which was urged in words not very decent, expressing a contempt of a man of Birth and Qua_lity: But to this it was answered, that the Crime and not the man were to be considered. The inviting over a French Army was so heinous a thing, that on whomsoever it fell it must fall with all its weight. It must not pass over as a slight matter. besides that; he at the Head of the 2000 Horse that were promised was not so inconsiderable. If such Invitation had encouraged the French to undertake the Invasion last year, that was so near proving so fatal to England, such a Crime being of the highest nature is very proper for the Supreme Authority to proceed in; sure they may be defects in the Evidence, which the Courts of Law cannot and ought not to supply. And, as to the evidence, this ought to be laid down for a foundation, that it ought to be certain, such as no man doubts of, or can well make himself doubt of; for if there appears no more but a just suspicion af_ter the whole is taken altogether, certainly in that case the Prisoner ought to be acquitted. But if the Evidence comes so home, that if a Jury were to try one for Felony upon such proof, it cannot be supposed that they would go from the Bar, then, tho' there should be such de_fects in it, that by the rules of Inferior Courts, and by the Law lately passed, a man could not be reached upon it; here would be a strange return to the Crown for passing such a Law, in which a particular Exception was made as to proceedings upon Impeachments, or other proceed_ings in Parliament, if upon new and strange Emergencies, and when we were so lately in such visible and imminent danger, the Parliament would not proceed according to that power, that was inherent in it, and had been ever reserved to it. They were to arrive at Justice whatsoever might lie in their way. Justice was still to be sacred: God forbid an innocent man should suffer; but he was a wise King as well as an inspired Writer, who had made the acquitting the Guilty, a Crime equally odious with the condemning the Innocent.

Thus I have given you as fully as I could gather it, the summ of the Argument as to the matter in general. This was the finest part of the debate, and that of the most lasting use; here it was (as far as I could collect) that the much greatest part of those that liked not the Bill did stick: for besides the aversion that all men have for medling in Blood, many thought this might be made a common practice. They could not see how far it might go; and therefore thought it safer to let the Bill fall, then to revive, or, at least, fortifie that which might become very dangerous in its consequences. For I am apt to think they had no concern for Sir John Fenwick, and did not doubt of his guilt, only they had an aversion to the Precedent: And of those who argued for it, I know diverse, who had great tenderness for the matter, and much for Sir John in particular: But since they thought the thing just in it self, the circum_stances of Affairs both at home and abroad, made them conclude it to be necessary to pass a Bill of that nature when it was once moved; since the rejecting it would have given great Cause of Triumph to our Enemies, and must have very much disheartened our Friends and Allies. This was not to be considered, 'till the Justice of the point was first setled; for that would be, as if a man were to die, because it was expedient he should die: but if it appeared to be just, then the expediency of it had great weight as to the passing the Bill.

The second Head of which I promised to give you an ac_count, is the reasons on which some steps were made out of the common Forms of Law. It was first in general urged, that here in a matter of Judicature the Commons assumed an equal share with the Lords, and more particularly, that they who could not so much as tender an Oath had yet jud_ged a man Guilty of Treason, which seemed contrary to natural Equity. To this it was answered, it was certain that in the way of Judicature the Commons could only be the Accusers, and the Lords were the only Judges; but when they proceeded in the way of Legislation, both Houses must concur. This was the fate of all Bills of Attainders; some of these Bills were begun in the House of Commons. In Henry VIII. time, tho the Bills began in the House of Lords, yet several persons names were added by the Com_mons, which was the beginning of it as to those persons. That of the E. of Strafford was begun by the Commons, so was also the latest Precedent, that of the D. of Monmouth. It is true the Commons cannot tender an Oath, yet matters of Justice do oft pass upon a bare deposition where the Law do's not suffer an Oath to be tendred. So the acquittal in Tryals of Felony, and, till the late Act was past, in Tryals of Treason, was upon Depositions that could not be upon Oath: Yet they might be believed, and Juries must give their Verdicts upon them if they believe them; so the Commons believing the Depositions might upon these pass the Bill, tho no Oath could be tendred.

Another step to which great exception was made, was the reading of Goodman's Deposition. It was said this could not be admitted by Law. The Prisoner could not have the advantage of cross examining him, since he did not ap_pear face to face as is required by Law; nor was it proved that Sir John Fenwick, or any impoyed by him, had any way persuaded Goodman to withdraw himself: It would be of very consequence if a man so accused should be condemned; for by this means a Witness, who, if pro_duced Viva voce to accuse a man, could not hurt him, being found insufficient to convict him, yet should have more power to hurt him by his absence than if present.

To this it was Answered, that it was a known maxime, that the Practice of Parliament was the Law of Parliament: and the constant practice anciently had been to read Depo_sitions. It is true, they were afterwards to consider of what importance such Depositions were, and what stress was to be laid on them; therefore there was Precedent enough for reading them, yet in Justice they ought to weigh every thing that could be offered to derogate from their credit: as they were to hear every thing that was offered to defame him or to lessen his credit. Might it not be urged as well against the Attainting men after they were dead, that they could not cross interrogate Witnesses, nor offer Proofs for their own justification. In such Cases there must indeed be such a fulness of proof, that it may appear that all exceptions are vain allegations, and no great weight was to be laid on such objections.

Another step was the examining the Grand Jury_men, who had found the Bill against Sir John Fenwick, as to the Evidence, that Goodman had given before them against him. Those who had been of Mr. Cook's petty Jury were also examined as to the Evidence that Goodman gave in that Tryal. The Kings Council moved this, that by it, it might appear that Goodman had been always constant in his Evidence.

But to this it was objected, that it was against the Law: Those of the Grand Jury were under an Oath not to reveal the secrets that were before them; whatsoever was sworn be_fore them was all to be examined over again in the Tryal; so, that could not be brought as part of the Evidence, and those who had tried another man were not to be brought as Evi_dence, as to what had passed in a Tryal to which Sir John Fenwick was not a party. It was also observed that those Jury-men varied in the report they gave of Goodman's Depositions.

But to all this it was answered, that Evidence might be brought to prove a presumption as well as to prove the main thing in issue. For since Goodman was gone, if any use was to be made of his Evidence, it was a strong pre_sumption either for or against it, if it should appear that he was constant or, that he varied in it. The Parliament was now searching to find out truth: so every thing was to be followed what might help towards that. They were after_wards to consider what use they might make of it; so tho' it might be against the Forms of Law, yet in the way in which they proceeded at present, it was very proper for them to examine into it. As for the Oath of the Grand Jury to keep the Evidence secret, it was an Oath in fa_vour of the King; that so the Evidence might not be known to the Prisoner , till he should be brought to his Tryal. Since therefore this was an Oath to the King, they who were brought thither by his Council were freed from the obligation of it; and since this was indeed Sir John Fenwick's Tryal, the end of the Oath was already Answe_red, so that it did not bind them to conceal the Evidence that had been given before them.

As for those who had been of Mr. Cook's Jury, their Oath was not to be Evidence against another Person; It was only a Circumstance that might direct them to judge what value they ought to set upon Goodman's De_positions. As for the diagreement that might be among them, the Jury-men themselves, when first called in, de_clared they could not be positive in it as to the particulars; because it was a good distance of time, and they had not sufficient notice to think and recollect. And as to the dis_agreement, it was not in the charge it self, nor the matter alledged against Sir John Fenwick, but it was only in some small circumstances, in which men might vary who had heard the Deposition but once; and so, are not like a Witness to a fact, that he has seen or known, which he is supposed to reflect oft upon; nor do they consider more upon such occasions, than whether the Evidence is so well made out, that they can give a general Verdict upon it.

They therefore might misremember themselves as to some particulars which were of less consequence, that would undoubtedly be observed when it came to be debated how far Goodman's Evidence was to be made use of, or to be depended on; which was afterwards little insisted on, and seemed rather to be brought to shew the fairness of the proceeding in the whole matter, than to draw any Inferen_ces from it to hurt the Prisoner.

I come in the next place to tell you what the Evi_dence was, upon which Sir John Fenwick was believed Guilty. I need not report Captain Porter's Evidence, it being so oft in Print, as to this particular, both in Sir John Friend's, in Sir William Parkin's, and in Peter Cook's Tryal. All that was special here was, that he said that the Lords left the rest of the Company about Five of the Clock, but he could not tell whither he went when he left the House, nor whether he went home that or some following Nights. All the People of the House where they dined were examined, who all deposed, that they were often coming to the Room where that Com_pany was, the Doors being all the while open; that they saw not Goodman there, nor had ever seen him there, as they remembered at any time; they believed he could not be there at that time. They also said that the Lords went away about Four of the Clock, and to that particular di_vers others Witnesses were examined, who all agreed that it was about Four; so tho' some of these Witnesses were not much considered, yet that matter seemed to be a_greed on, that they left the House about Four of the Clock; whereas Porter sware it was about Five. A Re_cord of Man-slaughter was also brought to lessen Porter's credit; and whereas he said he could not tell when he went home, it was urged, that from thence it must be concluded he was drunk, and so could be no proper Evi_dence to what past when he was in such a condition; some disagreement was also observed in the Printed Try_als between the Evidence he gave as to Charnock's com_ing to him after his return from France; in one it being that he came to him after his Confinement to Newgate, and the other after he was freed from his Confinement. This was much insisted on, and upon this it was said, that as he was the single Evidence, so he was a very doubtful one. To all this it was opposed, that by one unquestionable Evidence it appeared, that Goodman had once dined in the House with Sir John Friend, so he was known to the House; and by another it was proved that he had given direction to call for him that very day at that House, so little credit was due to the People of the House. As for the hour of their parting, when the days are so long as in May, no man can be positive to an hour except some circumstance oblige him to attend to it. A man may think it is Five, when it is but Four; time seemed to move quicker or slower as People were in hast or weary; so no stress should be laid on that. It is but an Inference that he was Drunk, because he did not re_member when he went to his Lodgings; other considera_tions besides that might make a man, who was too much a libertine, not be able to give an account of himself. The record of Man-slaughter did not at all af_fect his fame or credit in what he Deposed upon Oath.

The varying in the Tryals was occasioned by the dif_ference between the Short-hand-writers, one had Writ all the Depositions one way, another had varyed in some. The Witnesses had complained to my Lord Chief Justice, after the Tryals came out, that their Depositions had been wrong taken; one of the Short-hand-writers was not placed so advantageously as the other; besides that the mark in Short-hand-writing that distinguishes between these two after he was confined, or after his confinement was over was so inconsiderable, that the exactest Writer might mistake; so the insisting so long on this was much wondred at.

Upon the whole matter it was said, that though a bad man was at first a doubtful Witness, yet after so many Tryals, so great a canvassing find matter to ob_ject against him, and that not one point he had sworn was ever disproved, or so much as denied, by any who had died upon his Evidence; all this confirmed his credit beyond the possibility of calling it in que_stion.

They who had suffered, had studied to cover the Late King all they could, and denied that they had seen any Commission from him for Assassinating the King; but in this they did not contradict Mr. Porter, he spoke not a word of a Commission to assassinate the King, but only of a Commission to attack and seize his Person, which none of them denied.

If in any circumstances he had sworn wrong, they to discredit him, and to save their Friends, could not have omit_ted to deny and contradict it. This not one of them has done: Sir J. Friend and Sir W. Parkins had this very matter objected to them, it was a part of the Evidence against them, yet they died without denying it; which is not possible to sup_pose they would or could have done, if it had been False; since it would have discredited the Evidence, and so have been a means to save their Friends. This is the nature of a violent Presumption, which really goes further, to satisfy a Man's Mind, than ten Witnesses; for one may suspect them all how full or home soever they may swear: but this forces it self so upon a Man, that it determines his Assent, he believes it be_cause he cannot doubt of it; and therefore they concluded that Capt. Porter was not a doubtful Witness, but an undoubted one, since his Evidence was fortified with so many violent Pre_sumptions as every one of the dying Men had given to it; but most particularly by what Friend and Parkyns had said, who justified themselves in what they had done, but denied no part of that which was objected to them. This is more than any Jury in Cases of Felony would require to determine them to bring in their Verdict, and so must be enough to determine the Houses of Parliament.

Goodman's Evidence was not much insisted on. It was pro_ved that he had been a common High-way-man; a Record was brought of designing to murder two of the Dutchess of Cleveland's Sons; besides most horrid Blasphemies, that could scarce be heard with Patience. It was not proved that any in Sir John Fenwick's Name had practised with him to with_draw, so it might be presumed that Horror for his false swear_ing might have been his Motive. To all this it was said, that tho it appeared that he was a very wicked Man; yet since these Persons, as it was proved, had kept him Company much, they made him a more creditable Witness against them_selves, than he could be against any other Person. The con_curring Circumstances in this Matter gave Credit to his Te_stimony; for as to Black Things, very wicked Men, when sup_ported by other Presumptions, must be credited, since such Persons are the only proper Tools to be imployed on such occa_sions. It is true, it was not proved, that any in Sir John Fenwick's Name had practised on him to go out of the way: But a Practice of corrupting Porter to go out of the way had been fully proved; in which Lady Mary Fenwick, and Sir John's Sollicitor, had been concerned; which gave a strong Presump_tion against him, and a just cause of Suspicion, that he was also concerned in the withdrawing the other Witness: But that was only a Suspicion.

Another Practice that was proved to be carried on to discredit his Evidence was also brought as a Presumption; but that gave only occasion to another Suspicion as to the with_drawing of Goodman: So the Business of Goodman was little insisted on.

Another Matter was more urged; when Sir John was first taken, he writ a Letter to his Lady (which was taken from the Person to whom the conveying it was committed); in it, besides many other Directions, (by all which it appeared he looked on his own Cause as desperate) he advised her to try, by Money, to gain some of the Jury, to starve the rest; and added, that or nothing must save me. This was then brought to the Lords Justices, (as was testified at the Bar of the House of Lords): And upon his first Examination before them, in which he denied every thing, they told him he was not of that Mind when he writ that Letter, which was then shewed him; to which he said nothing, but laid it down, and was silenced by it: That was considered as an implicit confessing of it.

Some thought to have taken off this, by saying it was like the proceeding in Col. Sidney's Case, upon the Similitude of Hands; but the barbarousness of that Case was, that a Book found lying in a Man's Study, writ many Years before, was brought to supply the want of a Second Witness, of a Treason of a few Months standing. It could not have been denied, but that if there had been Witnesses against Sidney, tho doubt_ful Ones, it was a violent Presumption to support their Credit; If it appeared by a Book of his own writing that he thought Kings might lawfully be put to Death. This was not urged as an Evidence but as a violent Presumption, that Sir John knew himself Guilty, and such certainly it was. But as Sidney's Case was urged, so the Lord Russell's Case was also insisted upon, which had been ever thought hard that upon some transient Discourses he had been condemned, and it was alledged that these were only Discourses at a Tavern; But there was a vast Difference between the one and the other. In the L. Russell's Case there were only Discourses of the feasibleness of Seizing the Guards, but nothing was resolved on: And not one word was sworn to have been spoken by him. Whereas, here, a Messen_ger was agreed on, a Messenger was sent to invite over a French Army; which were plainly Over't Acts.

The last thing I shall take notice of is, the Delay used by Sir John, after his Apprehension; According to the Contents of the Letter to my Lady Mary (which was talk'd of in Kent soon after 'twas written), very Sedulous Endeavours were used to have his Tryal postpon'd; That seem'd to be upon some Design, which he trusted to more then his Innocence. Goodman having been Apprehended, and Evidence having been given by him a_gainst Sir John Fenwick before a Justice of Peace, the Grand Jury; and Petty Jury, upon the Tryal of Mr. Peter Cooke, who was Con_demned upon that Evidence: They saw that what was suffici_ent to Convict Mr. Cooke was sufficient to Convict Sir John; the Evidence being as strong against the one as the other.

Now what Course could be taken? One was a Pretence to make a Discovery, and to get time by sending a Letter over Sea to the King; in which ('tis said) he informed against se_veral, both Lords and Commons, only upon Hear-say: In the mean while saying little that, after the Act of Grace, could touch his own Party, tho it might be presumed he knew more of them then others.

Another Artifice (and which all this Train seemed to lead to) was to prevail with one of the Witnesses to withdraw. Porter was first tryed; but he was not to be dealt with (as they perceiv'd): No Money would buy him off, nor was he to be wheedled, or frighted.

But at length, by some Means (and what they were, we may guess by their Attempt upon Porter); Goodman went out of the way.

Which being effected, Sir John was safe (since the late Act requires two present Witnesses) for without a Bill of Attainder it was impossible he could fall under the Sentence of Death, as he sayeth in his Last Paper.

This was a more effectual Course then to get Two or Three who could starve the rest of the Jury: So he gives Direction in his Letter to my Lady Mary, if my Memory does not extream_ly fail me; adding, That or nothing can save me.

This, Sir John depended so much upon, that, upon Good_man's Absconding, he let fall his Pretences of making a Dis_covery for the present.

But this Bill having passed the Commons, was brought up to the Lords; where after a full and long Debate, and before the Third Reading, Sir John was askt what he had to say; he desired (as I was informed) three Things.

1. That (according to what had been at first promised by the Lords) what He should say in that Court might not be made use of against him in any Inferiour Court; and also that he might have an Assurance of it from the King (for so he all along called him, tho the Paper-writer gives Him no other Title then Prince of Orange)

2. That he might have a Pardon before he Confessed.

3. That he might not be made use of as an Evidence after it.

The King was Petitioned by the Lord for the First, and it was granted.

The Second (it seems) was thought unreasonable; but yet (as I have heard) so far complyed with, that he was told, If he made such a Confession as would be satisfactory to that House, they would therein also intercede with the King; and bid him rest assured that they did not then doubt of the King's Favour, as to both the Last.

But he did not think himself Secure, as he said, and so the Bill passed.

Thus I have given you, in as few Words as I could, the summe of this long Evidence: What remains but to consider the Circumstances relating to it, so far as I was enabled to learn.

One main part of which was a Petition delivered by the Lords, at the Lady Mary's Request to the King, for a Suspension of the Execution for eight Days to which the Narrative was annexed, signifying that when time was he had saved the King's Life; and besides it was alledged that he wanted the Assistance of a Divine. The Former was of no force, for this Act (which he now challengeth to himself the benefit of) was a Year be_fore the last intended Assassination, and the Assassines were such as he freely and intimately Conversed with afterward; and yet he gave no Notice of it to the King nor to any one else that I could hear of; which if he had, Sir John would most certain_ly have made use of this Pretence in the Paper delivered to the Lords, and at his Death have justified himself upon it. The Neglect of which before, and the Omission of it afterwards, gave too great reason to suspect that it might be with him as it was with Lowick and Rockwood, who abhorred the Fact, but thought themselves however obli_ged, contrary even to their own Sense, to obey Orders; Vid. Rockwood's Tryal, pag. 52. according to the Commission which Crosby assured them he saw Signed by King James at St. Germains, and was sent away for England before he came from thence.

So Knightly abominated the Thing as much as any Man Living; yet under some honourable and fair Pretence became so far engaged, that by a mistaken Notion of Honour he thought he could not retreat without the Infamy of Cowardise; to use his own Words which were read in Court, when he came to be tryed.

The latter Pretence is frivolous [That he had no Ministers,] for (I have been credibly informed) that he had first of all the offer made of any of the Clergy that had taken the Oaths; and among the Bishops, such as had dissented about the Bill of Attainder. And when that was not accepted, he had his choice of three or four Non-jurants; and by their Refusal had made it neces_sary to the Government to permit none at all, or the late Bishop of Peterborough only; since the others that were Non_jurants refused to attend him; upon pretence that they might have the Oaths tendred them, and so stand convicted: A Pre_tence that Dr. White and all the Non-jurants were alike liable to: But surely when they might have had leave from the Go_vernment to go, they might as well rely on the Justice and Honour of the Government as live under the Protection of it.

I come now to the last part, which I promised, which is to make some Reflections upon the Paper which he delivered to the Sheriff.

Of what stamp this writing is we may easily judg. The Ar_tificial Contrivance of it, the little Avoidances, and Cautions stuck in every where, shew that they are not the words of one that had no Talent in writing, nor the free and undisguised thoughts of one that was immediately to dye. He professes to dye in the Communion of the Church of England; but whether this Paper be consistent with the Simplicity and Candour taught and required by that Church, especially in our last Hours, let the Reader judg.

It doth not mightily concern the World to know what Re_ligion Sir John Fenwick was of. I know no Perswasion over zealous to challenge him as theirs. I fear he was rather of a Party than of a Religion; and that was the Cause he died in. I acknowledg there was a Design of a Party to have made him a Martyr, as they had contrived it: If the Second Petition offer'd to the Lords had been received without Alterations, and when presented to the King, had been entirely complied with. If he had been respited for eight Days, according to the Petition, he had then suffered on the 30th of January, the Anniversary of a Noted Martyr of Blessed Memory; with whom he was not fit to be so much as named the same Day.

He saith, My Religion taught me my Loyality, which, I bless God, is untainted: And I have ever endeavoured, in the Station wherein I have been placed, to the utmost of my Power, to support the Crown of England in the True and Lineal Course of Descent without Interruption.

Now I would know what is meant by the True and Lineal Course of Descent? If he means thereby the next in Blood with_out any Interruption, where is this always to be found? not in our Histories, nor in our Laws. Edward the Confessor (whose Cross was some years since so much reverenced by the late King, and who himself was esteemed a Guardian Saint) broke that Lineal Descent both in taking the Crown and leaving it at his Death; and whatever is due to the Blood, was never thought absolutely due to the Person, nor to the next in this Lineal Course of Descent.

Neither our Religion nor our Law teaches such a kind of Loyality. It is not our Religion but the Law that determines our Loyalty as to the particulars of it; and so far, such as our Law determines our Loyalty to be, such doth our Religion determine it. Now what Law is there to keep a Prince by violence from leaving his People? That requires us to support the Crown on him, that will hold it upon no other Terms, than that his Will and Pleasure may be above it? What Law that obliges us to adhere to and assist Him, that, contrary to our Oaths of Allegiance and Supremacy, as well as those at his own Coronation, will Subjugate his People to a Forreign Pre_late or Potentate? And that would put himself wholly in the Power of such a Prince, whom above all in the World his People had no reason to expect Favour from? I know no such Law, nor any such Church of England that teaches such Loy_alty, in any of those Books that are the Standard of it. And yet this is the Loyalty he (as he professes) dies Innocently for, and which he endeavoured to the utmost of his Power to support.

But farther, who is concerned in this True and Lineal Course of Descents? it is, in his opinion, the pretended Prince of Wales; whom he prays for in the Conclusion, and of whom he saith, it is impossible the Nation should prosper, till the Government is settled upon his right Foot. A Pretence which their way of Proof made at the best very doubtful. And we know, who once said it, that in dubiis melior est conditio possidentis. Certainly we shall be upon a very wrong Foot if we depart from the Act of Settlement.

He goes on, As for what I am now to dye, I call God to witness, I went not to that Meeting in Leadenhall-street with any such intention, as to invite King James by Force to invade this Nation; nor was I my self provided with either Horse or Arms, or enga_ged for any number of Men, or gave a particular Consent for any such Invasion, as is most falsely Sworn against me.

But what is become of the other Meeting at Mrs. Montjoy's? that's perfectly dropp'd. And as for this at Leadenhall-street, that he cannot deny; nor doth he venture to call that part of the Evidence in question, which speaks to the Time or Persons, or the Matter then discoursed upon.

But what hath he then to say? He came not thither with any intention to invite King James by Force to invade this Nation. Was this sworn against him? It was not the intention before hand, but the Subject matter of the Discourse that was proved upon him; if there was nothing of that Kind, no Design for_med, no Message or Messenger sent to invite King James, that is as soon denied as the Intention. But of that not a word.

But, however, he betakes himself to another Shift, viz. He was not himself provided with either Horse or Arms, or enga_ged for any number of Men. A very doubtful way of Expression. He was not himself provided; but what need was there of a pre_sent Provision, when the Service was to be at some Months di_stance? or what if he was not himself provided, if it was to be provided for him? What need of any such Provision, when (as it was confessed) they were upon the Instant to seize Horse and Arms when occasion should be. And so it was formerly in the Gunpowder-Treason.

He saith, he was not engaged for any number of Men; but was he not one of those that were to raise 2000 Men in the gross, and it was not necessary the Quota of each particular Person should at that Meeting be set out.

He goes on, Nor did I give particular Consent for any such In_vasion; that is not so charg'd upon him. All rose up and said to Charnock, Yes you may. Whether it was general, or whether it was a particular Consent, is not the Point. The Consent it seems is not denyed; And then where the Perjury is we are yet to seek.

He proceeds, and I do also declare, in the presence of God, That I knew nothing of King James's coming to Calais, nor of any In_vasion intended from thence, till it was publickly known: And the only Notion I had that something might be attempted, was from the Thoulon Fleet coming to Brest.

If this is true, it is evident the English were trusted with no more of the Secret than was absolutely necessary. It was found fit that the Assassination should lye upon them; it was a de_sperate piece of Service, and if those forlorn Wretches perish in it, let them perish.

But as to the Invasion, the when, and the whence, it was lodged with others, to whom the Profits and Advantages of a Conquest were reserved. It was sufficient that when these Conspirators heard the Thoulon Fleet was come to Brest, then upon this Signal, they were to be in readiness, and with the Horse they had or could seize, were to make their way as they could to the Coast, when they heard their Friends were land_ed. This, it seems, was the only Notion Sir John and the rest (I suppose with him) had of the Invasion; and he saith, he knew it not till it was publick.

The Information he gave, he is willing to make the best of in the next Paragraph; for, saith he, I also call God to witness that I receiv'd the knowledg of what is contein'd in those Papers, that I gave to a great Man that came to me in the Tower, both from Letters and Messages that came from France; and he told me when I read them to him, that the Prince of Orange had been acquainted with most of those things before.

This was what he himself did not believe when he talk'd of it long before (as one has affirm'd), but yet was pleased with it, because it would create Suspicions and Jealousies.

He acquaints us with another part of the Secret, that the Great Man, to whom he imparted it, could tell him the Prince of Orange had been acquainted with the most of this before. But what was it? Not that the Great Man knew of these Lords and Commons he accused, but of an Intelligence in general that passed between England and France.

As for his Expectation of Mercy from that Prince whose Life he pretended to have sav'd, it has been already consider'd.

He goes on, as he began, with a profession of his Innocence, the accusing others of seeking his Blood, and charging the guilt of it upon the whole Nation; for saith he, I beg of God to par_don those who with great Zeal have sought my Life, and brought the Guilt of my Innocent Blood upon this Nation; no Treason be_ing proved upon me.

Other Malefactors may as well accuse the Judges and Juries, and Courts of Justice for seeking their Life, when they are Convicted, Condemned, and to be Executed for their Crimes: But why doth he thus arraign those that were concern'd in the Bill? Was he indeed Innocent? Was no Treason proved upon him? This he saith, and saith it when he comes to die. And yet if we believe, not the Evidence of others only, but himself, it is plainly otherwise. What was the meaning of his Confu_sion in his Letter to his Lady?

What becomes of his Privity to the first Design of the Assassi_nation which he did not discover? What of his Offers to confess again and again? What of his owning the Meeting, the De_sign, &c. How then is he Innocent? No, saith he, no Treason be_ing prov'd upon me. Was there no Treason in inviting a Forreign Force? no Treason in joyning with it? no Treason in holding a Correspondence with the greatest Enemies of the Govern_ment and Nation? The matter of Fact was too plain to be denied? And it was of that Nature which in the ordinary con_struction of the Law is Treason.

Here then was Guilt, here was Treason. And how then can there be Innocent Blood, and of that Malignity as to lie upon the Nation?

It must wholly rest then upon the Proof; No Treason being proved upon me. So that let the Malefactor be never so guilty, he may protest his Innocence, and charge the Guilit of Innocent Blood upon the Nation, if it is not in every Punctilio proved upon him. And yet this is all his Innocence is supported upon, as appears by what follows, viz. I return my most hearty Thanks to those Noble and Worthy Pesons who gave me their Assistance, by opposing this Bill of Attainder; without which it had been im_possible I could have fallen under the Sentence of Death.

Why Impossible? Might he not expect as much Justice from both Houses of Parliament, as from the Ministers of Justice, and the Juries, in the Inferiour Courts? Had he not the Privilege of being heard by his Counsel, and the Favour of all that could be said in his behalf by those Noble and Worthy Persons that in both Houses were against the Bill? Was he not himself heard and re-heard to the very utmost, and had all the Advantages al_lowed that one that stood thus accused could, and more then he could reasonably, expect? Why was it then Impossible? The reason is evident, because the other Witness was withdrawn; and according to the late Act, one, in the ordinary Course of Law being not sufficient, how clear soever the proof otherwise was; therefore without the Bill of Attainder it was Impossible. And thus we see at last upon what point his profession of Inno_cency turns, and that he dies with the charge of guilt of his Innocent Blood upon the Nation; and that is, because of the Attainder: and then all Attainders must be condemned; and if so, he is Innocent; but if that Course of Law is to be justified, as surely it is, (and has been before shewed) then he is guilty, and the Treason clearly and sufficiently proved upon him. So that upon the Whole, there is little else then Reservation and Equivocation; the Defence of which we leave to another Church, for that belongs not to the Church he professes to dye a Member of.

If we were to construe his words (if this they were, otherwise then he made them such by his owning of them) according to the Contrivance of the rest, which are so full of Ambiguity and abstruse and doubtful Meaning; those Noble and Worthy Persons who have his Thanks, are no more beholding to him, then the others he Charges with seeking his Life, when he saith of them, I am fully satisfied they pleaded their own Cause when they pleaded mine. But what ever he meant, those Noble and Worthy Persons have given too great Assurances of being otherwise in_clined, to have any thing of that Nature made use of to their Disadvantage.

He concludes with a Prayer; but it is too, a fixing upon him_self the Fact he stood charged with and died for; it is for the Abdicated King, and the Spurious Prince; that is, for the main_taining of that Cause, which, he saith, he endeavoured to his utmost Power to promote.

Upon the Whole, it appears by his and his Friends Conduct, as well as by his Treasonable Practises, he had made it neces_sary to the Government to let the Sentence take effect. It was the Clemency of the Government that has emboldned the Enemies of it to proceed the more confidently in these Pra_ctises; and at length to conclude, that because it did not, that it therefore durst not punish them.

I know not how to conclude better then in the Words of Parliament, in their Late Act for better Security of His Majesty's Royal Person and Government; it saith, They have been delivered from the Bloody and Barbarous Attempts of Traitors and others His Majesty's Enemies, who, there is just reason to believe, have been in great measure encouraged, to Undertake and Prosecute such, their wicked Designs, partly by His Majesty's great and undeserved Clemency towards them, and partly by want of a sufficient Provision in the Law for the securing Offices and Places of Trust to such as are well affected to His Ma_jesty's Government, and for the repressing and punishing such as are known to be disaffected to the same.

The End.

|CLA |Y1704 AN ARGUMENT OF A Learned JUDGE IN THE EXCHEQUER-CHAMBER UPON A Writ of Error Out of the KING'S-BENCH, In a CAUSE, Wherein Sir Samuel Barnadiston was Plaintiff against Sir Wil_liam Soame, Sheriff of the County of Suffolk, Defendant, Wherein the Privilege of the House of Commons, in Determining Matters relating to the Right of Elections of their own Members, is justified. Necessary for all Persons that have any thing to do with ELECTIONS. &horbar From the Original MS. &horbar London: Printed for Geo. Sawbridge at the Three Flower-de-luces in Little-Brittain, and Sold by J. Nutt near Stationers-Hall. 1704. Price Six-pence &horbar &horbar THE Argument, &c.

THE Plaintiff brings an Action upon the Case in Banco Re_gis against the Defendant, late Sheriff of Suffolk, setting forth, that a Writ issued for Choosing of a Knight for that County to serve in the then Parliament instead of Sir Henry North, deceased, That at the next County Court the Freeholders proceeded to an Election; and altho' the Plaintiff was duly chosen per majorem numerum Gentium tunc resident. infra dictum Comitatum, quorum; tunc quilibet expendere potuit 40s. lib. Tenement. & ultra per Annum infra Comitat' illum, ac licet pr�dictus. Willielmus premissa satis sciens postea Breve. pr�dict. in Cur' Cancellar' retornavit, simul cum quadam Indentura int' ipsum Vicecomitum & pr�dict. Electores ipsius Samuelis de pr�dicta Electione ipsius Samuelis fact' sec' exigentiam Brevis pr�dict. Pr�dict. tamen Williel_mus ad hunc Vicecomes Officii sui debitum minime ponderans, sed Machinans & Malitiose intendens ipsum Samuelem in hac parte minus rite per pr�_gravare & eundem Samuelem de fiducia unius Mil. Com' pr�dict. in dict. Par_liamento exercend' omino frustrare & deprivare, & pr�dict Samuelem ad diversas magnas & grandes Pecun' Summas expendend' causare contra Debi_tum Officii sui pr�dict. Falso, Malitiose & Deceptive ad tunc in eadem Cancellar. apud Westm. pr�dict. retornavit una cum Indentura pr�d. quandam al' Inden_tur' eidem Brevi scilicet annex. specifi_cans illam forefact int' pr�fat Willielm' &c. ex una parte & diversas al' personas dict' Comitat' in Indentur' ill' specifi_cat' & content' qd. dict. al' person� & Major pars totius Com' pr�d. in pr�d. pleno Comitat' elegerunt quendam Lionellum Tallmash Bar al' dict. Dom. Huntingtowr in Regno Scoti�. Henrici North un' Mil. Com. Suff. pr�dict. pro Parliament. pr�dict. adveniend. eidem Parliamento pro Com. illo. Ubi re_vera pr�dictus Lionellus non fuit Electus per Majorem partem prout per ult. Indentur' falso supponitur Ratione cujus quidem falsi retorn. de pr�dict. al In_dentur' &c. idem Samuel. in domum inferiorem pro Communitat. hujus Regni Angl. &c. Assemblat. admitt' non potuit, quousq; idem Samuel. per Petitionem suam Communitat. dict. Parliamenti pro remedio congruo exhibit. & post diversas ingentes denar' Summas in & citra manifestationem & verificationem dict. Electionis coram dict. communitat. expendit. & diversos labores in ea parte sustent. postea scil. &c. communitat. in domum communit. pr�dict. admissus fuit & Elect. ipsius Samuel per communitat. declarat. fuit fore bona unde deteriorat, est & damn. habet. ad valen. 3000l.

There is a Verdict for the Plaintiff, and Damages found to the value of 800l. and Judgment thereupon, and a Writ of Error is brought to Reverse that Judgment.

I have but little Time left to say what I have to offer, it being very Late; and yet I must desire leave to produce those Reasons, I have in Maintenance of my Opinion; I will be careful not to detain you lon_ger than will be necessary.

And therefore I will not trouble you with Stating the Case again, nor will I speak of any Exceptions that have been made to the Decla_ration, for I love not the Niceties of the Law in Cases where they do prevail; And in this Case I have only considered the Foundations of the Action; which if I had found well established upon Reason, or the Grounds of the Law, I would have examined what has been objected to the Forms of Declarations, which must have brought great Weight to have over-turn'd these Proceedings.

But as to the Point of the Action, upon the most serious Consideration I would have of it, and weighing what hath been before now, and also at this time, said in support of it; I am of Opinion that the Judgment ought to be Reversed; for that no such Action as this, at Bar, does lye by the Common-Law

Because this is a Cause of considerable Value, great Damages being Recovered; because it is a Judgment of great Authority, being upon a Cause Tryed at the King's-Bench-Bar, and given upon Deliberation there; because it is a Case of an extraordinary Nature, and of great Import, each Party pretending Benefit to the Parliament; because it is an Action Prim� Impressionis, that never was before Adjudged, the Report of which will be listned after; I have taken Pains to collect and set down the Reasons, that I must go upon in determining this Case; that as the Judgment had the Countenance of some Deliberation in the Court where it was given; so the Reversal being with greater Deliberation, may appear grounded upon Reasons that ought to prevail.

I can say with my Brother Wyndham, that I love rather to affirm Judgments, then to reverse them; but I can attribute nothing of Au_thority to the Judgment, tho' it were given in a Superior Court, and upon Deliberation. I must Judge of it as if the Case came to be Judg'd originally by me: The Argument to support a Judgment from the Authority of it self, is, Exceptio ejusdem rei cujus petitur Dissolutio, which ought not to be admitted in Cases of Writs of Error. We are intrusted to Examine and Correct the Errors of that Court, and for that purpose we are made Superior to it; we must proceed according to our own Knowledge and Discretion, or else we do not perform the Trust Repo_sed in us.

I must needs say this is a Cause that imports it more then any Cause I have known to come before us, for it is a Cause Prim� Impressionis; and the Question is, whether by this Judgment a Change of the Common_Law be introduced. It is the Principal Use of Writs of Error, and Appeals to hinder the Change of the Law; therefore do Writs of Er_ror in our Law, and Appeals in the Civil Law, carry Judgments and Decrees to be Examin'd by Superior Courts until they come to the high_est, who are entrusted that they will not change the Law.

Therefore do Writs of Error lye from Ireland, which is a Subordinate Kingdom to England, by whose Laws it is governed; that they might not be able to change the Law by their Judgments, and not so much for the particular Right of the Party.

For otherwise it wou'd be very easy for Judges by Construction and Interpretation to change even a Written Law, and it would be most easy for the Judges of the Common-Laws of England, which are not Written, but depend upon Usage to make a Change in them, especially if they may justify themselves by such a Rule as my Brother Atkyns lays down to support this Case; viz. That the Common-Law complies with the Genius of the Nation. I admit that the Laws are fitted to the Genius of the Nation; but when that Genius Changes, the Parlia_ment is only intrusted to Judge of it, and by changing the Law to make it suitable to it: But if Judges shall say it is Common-Law be_cause it suits with the Genius of the Nation; they may take upon 'em to change the whole as well as any part of it, the Consequence whereof may easily be seen; I wish we had not found it by sad Experience.

If the Case at the Bar be a Change of the Law, it is happy it comes to be question'd in the first Instance; for if this Cause had been any way agreed and quieted, and a second Case of this Nature had been questio_ned, there wou'd have been a President urg'd, which cannot be spoke of here; for this Case hath no Fellow, there never having been the like Judgment before.

The Method I shall take in what I have to say shall be,

1st, To Remove some prejudice the Case is under.

2dly, Give my Reasons against the Action.

3dly, Weigh what hath been said to maintain the Action.

1st. The Case is under this Prejudice, That an Action of the Case lyes for false Returns of Sheriffs; and why should it not lye in this Case as well as any other.

To Remove this Prejudice I shall shew some material Differences be_twixt the Nature of Ordinary Returns and this Return.

In Ordinary Returns the Party is Concluded, and absolutely with_out Remedy; for the Court must take the Return as the Sheriff makes it. In Ordinary Cases the Sheriff may, and frequently does, take Se_curity of the Plaintiff, or the Sheriff hath means by Law to be Secure; as if he doubts the Property of the Goods, he may return upon a fieri facias, Nullus venit ad monstrandum bona. In some Cases he may for his safety, Impannel a Jury, as upon an Elegit, or he may Resort to the Court, and pray reasonable Time to prepare his Return, if the Matter be difficult; and hath other shelters, that if he be wary, will save him from Danger.

But in this Case the Party is not Concluded, for upon a Petition to the Parliament, if they see it Just, they will cause the Return to be alter'd by the Clerk of the Crown, if the Sheriff be not in the Way; in this Case the Sheriff may not take Security, it were Criminal in him to make such a Return by Compact, nor can the Sheriff make a Fruitless Return, or obtain Delay to consult his Safety.

These Differences are of that Nature, that they change the Case in the Reason of it, as I shall hereafter make appear: And no Man can infer because an Action lyes for false Returns in Ordinary Cases; there_fore it lyes in Case of a Return to Parliament, where the Sheriff is clearly upon Terms.

My Reasons against this Action are applicable to this Case, and make it different from all the Cases that have been put by my Brothers that Argued for the Action: I observe they Argued only upon Generals, without any other Application to this Case than by the Topick of con_cluding a Minori ad Majus, because Actions lay in Cases of Inferiour Nature, therefore it will lye in this; which Rules hold not in diverse Cases where there are particular Reasons to the contrary, as I shall by and by shew to be in this.

2dly, I shall give you my Reasons against this Action, which are as follow.

1st. My first Reason is this, because the Sheriff as to the declaring the Majority is Judge, and no Action will lye against a Judge; for what he does Judicially, tho' it should be laid Falso, Malitiose & Scienter, as appears in Co. 12 Rep. fol. 24. They who are intrusted to Judge, ought to be free from Vexation, that they may Determine without Fear; the Law re_quires Courage in a Judge, and therefore provides Security for the Support of that Courage. But,

1. Is the Sheriff a Judge in this Case? And

2. Is there the same Reason he should be freed from all Actions?

As to the First, it is of Necessity, that as to the declaring the Majo_rity, he should be the Judge upon the Place, in other Cases in the County Court; the Free Suiters are the Judges, and he is the Minister: When we say the Free Suiters, we mean the Major part of them is to Judge; but when the Question is, which is the Major Part, they can_not Determine the Question; but of Necessity the Sheriff must determine that, the Nature of the thing speaks it.

Therefore it was held rightly in Letchmer's Case, 13 and 14 Car. 2. that as to the Election of Knights to the Parliament, the Court is properly the Sheriff's Court, and the Writ is in the nature of a special Commis_sion, Elegi facias.

I know a Judge may have many Ministerial Acts Incumbent upon him, as the Chief Justices have to certifie Records upon Writs of Error; Therefore it is necessary for me to observe, that the Suit here is for what he does as a Judge, and not for any thing Ministerial that ap_pears by the Averment, that the Sheriff annexed another Indenture, specifying to be made by the Major part of the Freeholders, and containing that the Lord Huntingtowr was Chosen, Ubi re vera, The Lord Huntingtowr was not Chosen by the Major part of the Freeholders. If it had been said ubi re vera, the Freeholders supposed to Seal the same, never did Seal the same, there had been a falsity in his Ministerial part of sending in the Indenture; but his sending Two Indentures, which were really Sealed by the Freeholders, as they import; wherein the Freeholders of each Indenture (and not the Sheriff) say that they are the Major part, is no falsity in his Ministerial part, but only de_fering to Judge between them, which is the Major part, or more pro_perly judging that they are both equal in Number.

They Object that the Matter of this Question is not matter of Judg_ment, 'tis but counting the Poll, which requires Arithmetick, but not Judgment; but certainly if it be rightly consider'd, it will be thought this Question of Majority is not barely a Question of Fact, but a Questi_on of Judgment, a Question of Difficult Judgment, there are so many Qualifications of Electors.

1. They must have 40s per Annum, there the Value must be judged.

2. It must be Freehold; there the Title

3. It must be their own; there colourable and fraudulent Gifts made many times on purpose to get Voices, must be Judged.

4. The Electors must be Resident; there the Settlement of the Party must be Determin'd.

5. There are many things that incapacitate Voices, as Bribery, Force, &c. and many other Questions arise, that are of such Difficulty, that in Debate of them, much time is spent in Parliament; and sometimes a Committee Determines one way, and the House ano_ther. Is not this then a Question that refers to Judgment?

They Object again, the Sheriff may give an Oath concerning all the Qualifications, and he is to look no further.

I Answer, The Statute has given the Sheriff Power to give an Oath in Assistance of him; but the Statute does not say that whosoever takes that Oath shall have a Voice: Neither does the Statute 23. H. 6. say that the Sheriffs shall not be charged with a False Return that pursues that way; so that altho' he may use those Means for his Direction, yet he must consider his own Safety, and not make a False Return; if a Man upon taking such an Oath, give the Sheriff a special Answer, or it should be known to the Sheriff he Swears False; the Sheriff must De_termine according to his own Judgment, and not by what is Sworn.

It may hence be concluded that the Sheriff, as to declaring the Ma_jority, is a Judge; and if so, my next Assertion is, That there is the same Reason he should be free from Actions, as any Judge in Westmin_ster-Hall, or any other Judge. Does it not Import the Publick that the Sheriff should deal uprightly and impartially? Ought he not to have Courage, and for that End should not the Law provide him Security?

Consider his Disadvantages, what a Noise and Crowd accompany such Elections; what Importunity, nay what Violence there is upon him from the Contesting Partys.

We may say no other Judge has more need of Courage and Resolu_tion to manage himself, and Determine uprightly, than he. No o_ther Judge Determines in a Case of greater Consequence to the Publick, or Difficulty than he; Expose him to such Actions, and in most Ele_ctions he must have Trouble; for commonly each Party is Confident of his Strength, his Conduct and his Friends; that let the Sheriff Return never so uprightly, the Party that is Rejected will Revenge it by such, especially if he may Sue at Common-Law, to have boundless Damages, without running any Hazard himself, but of the Loss of his Costs.

If we Judges that find our selves Secure from Actions, should not be tender of others, that are in the same Circumstances. It may well be said, Wo unto you, for you impose heavy Burthens upon others, but will not bear the least of them your Selves.

2. My Second Reason is, because it is alieni fori, either to examine the Right of the Election, or Behaviour of the Sheriff; both which are Incident, and indeed the only Considerations that can guide in the Tryal of such Causes, if they be allowed.

It is admitted that the Parliament is the only proper Judicature, to determine the Right of Election, and to censure the Behaviour of the Sheriff. How then can the Common-Law Try a Cause, that can_not Determine of those Things, without which the Cause cannot be Try'd?

No Action upon the Case will lie for Breach of the Trust, because the Determination of the Principal Thing, the Trust, does not belong to the Common-Law, but to the Court of Chancery: Certainly the Rea_son of the Case at Bar is Stronger, as the Parliament ought to have more Reverence than the Court of Chancery.

They Object that it may be Tryed after the Parliament hath Decid_ed the Election; for then that which the Common-Law could not try is Determined, and the Parliament cannot give the Party the Costs he is put unto.

Then I perceive they wou'd have the Determination of the Parliament binding to the Sheriff in the Action, which it cannot be; for that is be_tween other Parties to which the Sheriff is not call'd: It is against the Course of Law, that any Judgment, Decree or Proceeding betwixt other Parties should bind the Interest of, or any way Conclude a Third Person; no more ought it to do here, it may be easy for Parties combining to repre_sent a Case so to the Parliament, that the Right of Election may appear either way as the Parties please. It is fit the Sheriff, who is not admitted to con_trovert such Determination, should be Concluded by it, in an Action brought against him to make him pay the Reckoning.

Did the Parliament believe, when then they Determined this Election, that they pass'd Sentence against the Sheriff, upon which he must pay 800l. Sure if they had imagin'd so they would, nay in Justice they ought to have heard his Defence before they Determin'd it?

And yet that was the Measure of this Case, the Sheriff was not heard in Parliament, indeed he was not blam'd there, and yet upon the Tryal which concern'd him so deeply, he was not allow'd to defend himself by any Majority or Equality of Voices, the Parliament hav_ing Determin'd the Election.

I do not by these Reflections Tax the Law of Injustice, or the Course of Parliament of Inconvenience; I am an Admirer of the Methods of both, it is from the Excellency of them I conclude this Proceeding in this new fangled Action, being Absurd, Unjust and Unreasonable, can_not be Legal.

To Answer the other Branch of this Objection, I say it does not follow; that because the Parliament cannot give Costs; therefore this new devised Action must lie to help the Party to them.

For then such an Action might as well lie in all Cases, where there is a Wrong to be Remedyed by Course of Law, and no Costs are given for it.

At the Common-Law no Costs were given in any Case, and many Cases remain at this Day where the Statutes have given no Costs, as in a Prohibition, Scire facias, and quare impedit, and divers other Cases; and yet no Action will lie to recover those Costs, and why should it lie in the Case at Bar?

In this Case the Parliament have already had it under their Conside_ration in the Statute 23. H. 6 and have appointed what shall be Paid by the Sheriff that offends, viz. 100l. to the Party, 100l. to the King, and Imprisonment; the Parliament have Stated what shall be paid for Com_pensation, and what for Punishment, and would have provided for Costs if they had thought fit.

3. My Third Reason is, because a Double Return is a lawful Means for the Sheriff to perform his Duty in doubtful Cases.

If this be so, then all Aggravations of Falso Malitiose & Scienter will not make the thing Actionable; for whatever a Man may do for his Safety cannot be the Ground of an Action.

There is sometimes Damnum absq; Injuria, tho' the thing be done on purpose to bring a Loss upon another, without any Design of Bene_fit to himself; as if a New House be Erected Contiguous to my Ground, I may Build any thing on purpose to blind the Lights of that New House, and no Action will accrue, tho' the Malice were never so great; much less will it lie where a Man acts for his own Safety.

If a Jury will find a Special Verdict; if a Judge will Advise and take time to Consider; if a Bishop will Delay a Patron, and Impan_nel a Jury to enquire of the Right of Patronage, you cannot bring an Acti_on for these Delays, tho' you suppose it to be done Maliciously, and on purpose to put you to Charges; tho' you suppose it done Scienter, knowing the Law to be clear; for they take but the Liberty the Law has provided for their Safety, and there can be no Demonstration that they have not real Doubts, for they are within their own Breasts: It would be very Mischievous that a Man might not have leave to Doubt without so great Peril.

The Course of Parliament makes out the Ground of this Reason to be true in Fact, so that a Double Return is lawful when the Sheriff Doubts; for if the Parliament did not allow a Double Return in Doubtful Cases, they ought never to accept a Double Return: If it were in it self a void and unlawful Return, they ought not to endure it a Moment, but send for the Sheriff and compel him to make a single Return; but we see where there is Doubt, the Parliament sends not for the Sheriff be_fore they have Examin'd the Case, and give particular Directions.

And it must of Necessity be the Course, for suppose the Voices are Equal; suppose the Election is Void for Force; Suppose the Sheriff Doubts upon the Validity of some Voices, shall he Transmit his Doubts, specially to the Parliament? Was there ever any such thing done? Was there ever any other way but to make a Double Return, and leave it fairly to the Decision of the Parliament?

It was said by my Brother Ellis, that if the Sheriff had Return'd in the Nature of a Special Verdict, the Special Matter, and had conclud_ed in this manner, (viz.) If the Parliament shall Adjudge Sir Samuel Bernardiston to be Chosen, then he Returns him, and if the Parliament shall Adjudge the Lord Huntingtowr to be Chosen, then he Returns him, that such a Return as this had been Safe, and cou'd not have born an Action.

This is a pretty Invention found out for Argument sake, but methinks it Furnishes no Force at all to the Part for which it is brought, but rather shews the Right to be the other way; for let any Man of Rea_son say, whether a Double Return, as it is now used, be not the same thing in Consequence; Is not a Double Return as if the Sheriff should say to the Parliament (the Right of Election is between these Two, I am in Doubt which of them I shall Reject, and expect your Directions) this is the Import of a Double Return, and is the same in Effect, as if it had Concluded in a Special Verdict, and so my Brother Ellis's In_stance should not be Actionable tho' he Concluded otherwise.

That other new fangled could not be receiv'd. &horfill; For,

1. The Freeholders would never joyn in such a Return.

2. Such a Return is not capable of being Amended by the Sheriff.

But the Judgment of the Parliament must be Enter'd upon Record to make it any Return, it concluding nothing of it self, as a special Ver_dict concludes, till the Judgment of the Court be Enter'd upon the Roll.

3. The Parliament will not, as I believe, admit of new Devices in the Course of their Proceedings, whatever we do at Law.

But the Double Return is Practicable in the Country, for the Free_holders of each Part will Tender their Indentures; and it is easily Amended in Parliament by Rejecting the Indenture of those Freeholders that were not the Major Part, which way has been Practis'd in doubt_ful Cases for many years.

So that I apprehend the Case at Bar to be more regular and favou_rable, than that Case which my Brother Ellis put as a Case that would not bear an Action.

Again; Suppose the Sheriff had inform'd the Parliament of his Doubts, and that he could not readily determine where the Majority was, but it was betwixt two Persons, A. and B. and thereupon de_sir'd their Favour either to grant him Time to Determine it, if they pleas'd to Command him so to do, or else, that they would Decide it themselves, and he would obey what Directions they should make in it, and thereupon the Parliament had taken upon themselves to determine it.

This most clearly had not been Actionable, for it is not Actionable to delay a Return, to any Court of Justice, where the Sheriff hath Leave from the Court so to do.

A double Return, in my Understanding speaks the same thing, to the Parliament, and upon it they may either direct the Sheriff to make a single Return, which is to cause him to decide it, or they may do it themselves.

And here I must needs reflect upon the second Reason I have against this Action, that the Matter of it is alieni fori; I find my self and my Brothers that Argued for the Action, engag'd in a Discourse of the na_ture of a double Return, and the Course of Parliament upon it, which, as a Judge I cannot so well speak to; I had the Honour to be of this House of Commons, and whilst I was there, I considered as well as I cou'd the Course of the Proceedings of the House, and am therefore able to speak something of them, and I am brought into this Discourse ne_cessarily by this Action; But I must needs say it is an improper Dis_course for Judges, for they know not what is the Course of Parliament, nor the Privilege of Parliament. When the Lords in Parliament, whom they are bound to assist with their Advice, ask the Juges any thing con_cerning the Course or privilege of Parliament, they have answer'd, that they know them not, nor can advise concerning them.

If in Parliament we do not know nor can advise concerning these things, How can we judge people upon them out of Parliament, we ought to know before we judge, and therefore we cannot judge of things we cannot know.

Our being engag'd in a Discourse improper for Judges, shews the A_ction to be improper, as much as any other Argument that can be made, and this Argument arises from my Brothers that argued for the Action.

But now I am in this Discourse, I must go a little farther; My Ob_servation from the Course of Parliament has been, that they will not permit the Sheriff to delay his Return, to deliberate, and he cannot take Security of either Party; and if a single Return be not justified by the Committee of Elections, he is danger of the Statute of 23. H. 6.

It follows that there is no ways for an innocent Sheriff to be safe, where he conceives Doubt, but in making a double Return, and if that should be Actionable too, the Service of the Parliament would be the most ungrateful Service in the World.

It seems ridiculous to me that it should be objected, that this Course of Law is necessary to prevent the great Mischief arising from double Returns, when, as if it be a Mischief, or dislik'd by the Parliament, ei_ther in General or any Particular Case; they may Reject them when they please, and Command the Sheriff to make a Single Return; so they may Remedy it by their Practice, without their Legislative Power.

Their Practice hitherto hath been to receive Double Returns, which therefore in some Cases must be lawful, and in this very Case the Dou_ble Return was accepted, and the Sheriff no way Punish'd for it; which he ought to have been, if he had been Blameable.

If Double Returns are accepted by Parliament, they are allow'd, and we must say they are lawful, which is the Ground of my Third Rea_son; for which I hold this Action not Maintainable,

4. My Fourth Reason is, That there is no Legal Damages occasion'd by the Sheriff. The Damages laid in the Declaration are,

1. Being kept from Sitting in the House.

2. The Pains and Charges he was put unto to get his Admittance into the House.

1. That of his being kept from Siting in the House, is as much every Man's Damage in the whole County, nay in the whole Kingdom; and any Man else might as well have an Action for it as the Member Chosen.

To Sit in Parliament is a Service in the Member, for the Benefit of the King and Kingdom; and not for the Profit of the Member.

It is a Rule in Law, that no particular Man may bring an Acti_on for a Nusance to the King's High-way; because all the Men in En_gland might as well have Actions which would be Infinite; and there_fore such an Offence is Punishable only by Indictment, except there be Special Loss occasion'd by that Nusance.

For the same Reason, the Exclusion of a Member from the House be_ing as much Damage to all Men in England as to himself: He nor any Man else can have an Action for it, but it is punishable upon the Pub_lick Score, and not otherwise.

For this Reason was the Statute 23. H. 6. wisely consider'd, by that Statute the Action is not given to the Party for his particular Damage; but the Action given is a Popular Action, only the Party Griev'd hath a Preference for Six Months; but if he do not Sue in that time, every Man else is at Liberty to recover the same Sum.

2. The other Point of Damage is the Pains and Charges he was put unto, and that is not occasion'd by the Sheriff, but by the Deliberation of the House. Why should the Sheriff Pay for that? It may be if the Parliament had sent for the Sheriff the first Day, and blam'd the Dou_ble Return, he would have ventur'd to Determine the Matter speedily, and there should have been no Cause of Complaint for Delay; but the Parliament saw so much Cause of Doubt, that they think it not fit to put the Sheriff to Determine, but to resolve to examine the Matter, and give him Directions that may guide him in mending his Return; there_upon they give a Day to the Parties on both Sides, and finding the Matter of long Examination, and withal Difficult, they Deliberate upon it.

It seems very unreasonable the Sheriff should be made Pay for this, which he did not occasion; but was a Course taken by the Parliament for their own Satisfaction, who found no fault in the Sheriff for put_ting them to all that Trouble.

Suppose Sir Samuel Barnardiston had been Return'd alone, and the Lord Huntingtowr had Petitioned against that Return, there had been the same Charge to have defended that Return; so that it was the Contest of the opposite Party that occasioned the Charge, the Deliberation of the Parliament that occasion'd the Delay; but neither of them can be im_puted to the Sheriff.

I cannot difference this Case from the Case of bringing an Action a_gainst a Jury, for maliciously, knowingly, and on purpose to put the Party to Charges, finding a Matter specially whereby great Delay and great Expences were, before the Party could obtain Judgment; and yet I think no Man will affirm that an Action will lie in this Case.

In this Case the Damages are found Entire, so that if both Parts, viz. the not Sitting in the House, and the Pains and Charges are not Action_able Causes of Damages; it will be Intended the Jury gave for both, and so the Judgment is for that Cause Erroneous.

I suppose the Wages of Parliament will not be mention'd for Dama_ges, for in most Places they are only Imaginary, being not Demanded; but if there were to be any Consideration of them, it will not alter this Case; for upon this Return they are due as from the First Day, and so no Damage can be pretended upon that Score.

5. My Fifth Reason is drawn from the Statute of 23. H. 6. which has been so often mention'd; that Statute is a great Evidence to me, that no Action lay by the Common-Law against a Sheriff, for a False Re_turn of a Writ of Election to the Parliament; and this Evidence is much strengthned by the Observation that hath been made, that never any Action was brought otherwise than upon that Statute.

I must admit, that if an Action lay by the Common-Law, this Sta_tute hath not taken it away, for there are no Negative Words in the Statute; but it is not likely the Parliament would have made that Law, if there had been any Remedy for the Party before.

The Statute observes that some Laws had been made before for pre_venting False Returns, but there was not convenient Remedy for the Party griev'd, and therefore gives him an Action for 100l. If the Courts of Justice had by the Common-Laws Jurisdiction to examine Misdemean_ors concerning the Returns of Sheriffs to the Parliament: What needed the Parliament to be so Elaborate to provide Law after Law, to give them Power therein, and at last to the Griev'd an Action? Can any Man imagine but that the Parliament took the Law to be that the Party was without Remedy? I know Preambles of Acts of Parliament are not al_ways Gospel, but it becomes us, I am sure, to have Respect to them, and not to impute any Falsity or Failing to them, especially where constant Usage speaks for them.

It has been Objected that in those Times it was Reckon'd a Damage, to be Return'd to serve in Parliament, which is the Reason that no Man then did bring his Action against the Sheriffs for Returning another in his stead. This cannot be true, for the Statute calls him the Party Griev'd, and is Elaborate in providing Convenient Remedy for him; and we see by the many Statutes about those Times, that it was Mis_chief very frequent, and there wanted no Occasion for those Actions; which does extreamly strengthen the Argument of the Non-User of this pretended Common-Law.

An Action upon the Case, where it may be brought, is a Plaister that fits its self for all Times and all Sores; and if such an Action might then have been brought, there was no need for the Parliament to provide a Convenient Remedy.

By Littleton's Rule, often mention'd by my Brothers, we may con_clude this Action will not lie; for if such an Action had lain, it would have been brought before this time.

In the Case of Buckley against Rice Thomas, in Plowden's Commentaries, 118, which appears to be so elaborately Argued both at Bar and Bench; if this Common-Law had been thought upon, they might have prevent_ed the Question, whether the Sheriffs of Wales were bound by the Sta_tute 23. H. 6?

It seems plain to me that the Makers of the said Statute were Ignorant of this Common-Law, and yet my Brother Thurland observes the Judg_es in those Times, usually assisted in the Penning of the Laws.

The Judges and Councel in the time of Buckley's Case, were ignorant of this Common-Law, else it would have been mention'd in the Argu_ment of that Case.

This Common-Law was never Reveal'd, that I find, until a Time there were divers other New Lights: I mean these Times, when Nevil brought an Action for a False Return against Stroud, during the late Troubles; but in those Times it could never obtain Judgment. I have heard that the Court of Common-Pleas sent the Record to the Parliament, as a Case too Difficult for the Courts of Common-Law to Determine.

The Statute of 23. H. 6. is not only Evidence that no such Action lay at the Common-Law; but in my Opinion is not consistent with any Remedy at the Common-Law, unless it be allow'd that the Party shall be doubly Punished,

If the Party Griev'd has brought his Action upon the Statute and recovered, it was admitted by the Councel, that no Action can be brought at the Common-Law, nor E' Contra can he Recover by the Statute, after he has Recovered by the Common-Law, because Nemo bis punitur pro eodem delicto.

So far it stands well, but suppose the Party Grieved has let slip his time of Three Months, and then a Third Person bring a Popular Action, and Recovers 100l. upon the Statute, there is nothing can barr the Party Grieved from his Action at the Common-Law, for his Sitting still will not Conclude him; no Statute of Limitations extending to this Case, and if it be so, then must the Party, besides his Fine and Imprisonment, be doubly punished by this Statute; which was made as the Letter of it Imports, because there wanted Convenient Remedy.

And now I am Discoursing of this Statute, I must observe the great Wis_dom of the Course of Parliament in these Cases, which hath in great Mea_sure prevented the bringing Actions against Sheriffs, even upon this Statute.

Where the Sheriff mistakes the Person in his Return, he incurrs the Penalty of 23, H. 6. tho' it be without any Malice; and it may hap_pen that were 21 Electors, and 20 of the other; the Sheriff Returns him that hath 21, and the Parliament adjudging an Incapacity of 2 of the 21, may Determine that he that had the 20 Voices was duly Cho_sen; in such Case the Sheriff hath made a False Return within the Pe_nalty of the Statute 23. H. 6. and no Evidence shall be given against the Determination of the Parliament.

This was a very hard Case for the Sheriff, and if we were lyable to such a Mischief, many a past Sheriff might be awaken'd that takes him_self to be secure.

But the Course of Parliament prevents this as it is Reason, for im_mediately upon their Determination, they send for the Sheriff, and cause him to amend his Return; and thence forward the amended Re_turn is the Sheriffs Return, and there is no Record that can Warrant any Action to be brought for a False Return: As when the Marshal of the King's-Bench or Warden of the Fleet have made an Improvident Return, omitting some Causes wherewith the Prisoner stood Charg'd in their Cu_stody, whereby they became lyable to Action; they frequently move the Court to amend the Return, and when the Return is Amended, all is set Right, for there is no Averring against a Record: In like manner, when the Sheriff hath Amended his Return, he is secure from any Action upon that Occasion.

By this means there has of late years been no recovery upon the Statute, because all Persons choose rather to compel the Sheriff to a_mend his Return, that they might be admitted to sit in the House, than to take their Remedy upon the Statute, and no man can recover upon the Statute first, and have afterwards their Return amended, for I have been told, that by the Course of Parliament, unless the Petition be lodg'd within in some few days after the Return, it cannot be received afterwards. So that a Man cannot upon that Statute have Remedy at Law, and also in Parliament which seems to be wisely provided to prevent any Contra_riety of Determinations.

This Statute of 23. H. 6. furnish'd those that Argued for this Action with one Argument, which doth now vanish; they said that all the In_conveniencies that could be objected to this Action, were the same upon the Statute of 23. H. 6. viz. That upon that Statute the Right Election must be examin'd upon a Tryal, where there might be a Contrariety of Determinations; for it appears by what I have said, that there can be no Contrariety of Determinations.

And there are other Inconveniences in the Remedy by the Common_Law, which are not in the Remedy given by the Statute, the Sum to be recover'd is Limited, the Informer hath a time prefix'd, so that there are Bounds set which cannot be exceeded; but the Remedy by the Com_mon-Law is without Limitation of Time, which is Considerable; for all Sheriffs that ever made any Return, otherwise than the Parliament Determin'd, will be lyable during their whole Lives, to them that will call them to Account for it; I say this is without Limitation of Time, without Measure of Damages, or any Rules contain'd in a Written Law; it depends upon a general Notion of Remedy, which may be enlarged by Construction, as it is now introduced without President.

To finish my Observation upon this Statute? I say it is great Wisdom in the Parliament to call the Sheriff to Amend the Return, and to pre_vent any Remedy upon the Statute 23. H. 6. for I do not see that the Rules of Law, concerning Elections, are so manifestly clear and known that it is fit that the Sheriff should upon all Returns that are Corrected by the Parliament, pay the Reckoning of the Contest.

6. I have a sixth Reason against this Action, which is because the Sheriff is not admitted to take Security to save him harmless in such Cases, I take this Reason to be Instar Omnium, and there needs no other in the Case.

It were the most unreasonable and grievous thing in the World, that the Sheriffs should be bound to Act without any Deliberation, and not to be allow'd to take any Security, and yet be liable to an Action which way soever he takes, there is no Course can avoid it, but this of a Double Return, as I have before shewn.

It has not been said, by any that Argued the other way, That the Sheriff may take Security; and, I suppose, will not be said, for it would be a dangerous Course for Parliaments, for then the most Litigious Man must be Return'd, and not he which is truly Chosen.

If the Sheriff may not take Security, the Law must be his Security. It was an Argument us'd by my Brother Ellis, That because the Law imposes an Officer, to wit, the Sheriff, there the Law must give the Party an Action against that Officer, if he Misdemean himself, the Ar_gument does not hold Universally, for the Law imposes a Judge, and yet no Action lies against him; but the Reason of that Argument, if turn'd the other way, is Irrefragable, as thus: The Law will not suffer the Sheriff to take a Security, therefore the Law must be his Security, else it were a most unreasonable Law; this Reason of it self is sufficient to bear the whole Case, for no Case can be put in our Law where a Man is compell'd to Judge without Deliberation; he cannot take Secu_rity, and yet shall be lyable to an Action.

I have two more Reasons to add, upon which I lay great Weight, tho' they depend not upon any Particular Circumstances of this Case, but the general Consideration of it.

1. That it is a New Invention.

2. That it Relates to the Parliament.

I. As it is a New Invention it ought to be Examin'd very strictly, and have no Allowance of Favour at the End, and it will have the same Fortune that many other Novelties heretofore attempted in our Law, have had.

Actions upon the Case have sometimes been revived in new Cases, where it stands with the Rules of Law, and no Inconvenience appears, but they have been more often Rejected: I shall Instance some Cases that have been Rejected, because it will be Manifest by them, that all the Arguments and Positions laid down by my Brothers that would support the Action, are as well applicable to several Cases that have been already rejected, as to the Case at Bar.

An Action upon the Case was brought against a Grand Jury-Man, for fals_ly and maliciously conspiring to Indite another, and adjudged it would not lie.

Against a Witness for Testifying falsly and maliciously.

Against a Judge for Acting falsly and maliciously, but Adjudged that no Action wou'd lie in those Cases.

These Three Instances are applicable to every Argument urg'd for this A_ction: The Arguments my Brothers made in depressing Falsity and Ma_lice, those which they made from the Comparison of other Actions upon the Case of Minore ad Majus; the Argument that because the Law Imposes the Of_ficer, it will punish the Malice, has the same Force in the Case of a Judge, Indictor or Witness, and yet my Brothers admit in those Cases an Action will not lie, which shews the Invalidity of those Arguments.

Now I shall give other Instances, where Actions upon the Case have been Rejected for Novelty, and Reasons of Inconvenience.

An action of the Case was brought against the Lord of a Mannor for not admitting a Copy-holder, and it was adjudg'd it would not lie. Cro. Jac. 368.

There was a Verdict found, and Damages given by the Jury in that Case, the Lord is compellable in Chancery to admit a Copy-holder, and what harm would it have been, if there might have been a remedy given by the common Law, there being a Custom broken, by which the Lord was bound. The Rea_sons of the Book are, because it was a Novelty, and it would be vexatious, if every Copy-holder should have an Action against the Lord, when he refused to admit him upon his own Terms.

It has been adjudged that an Action upon the Case will not lie for the Breach of a Trust, because the Common Law cannot try what a Trust is; but if such Actions were allow'd, the Law might declare that to be a Trust, which the Court of Chancery, which properly Judges of Trusts, might say is none; and where the Common Law cannot examine the Principal Matter, the Da_mages that were but dependant upon it shall not be regarded.

Anthony Maddison brought an Action against Skipwith, for maliciously kill_ing Sir Tho. Wortley, the Case was thus; The Plaintiff was a young Lawyer that had expended all his Gains in the Purchase of a Rent that was determi_nable, upon the Death of Sir Tho. Wortley; Skipwith quarrell'd with Sir Thomas Wortley about a Mistress, and kill'd him, whereby Maddison lost his Rent; it was held the Action would not lie, tho' it were laid to be done maliciously, on purpose to determine the Plaintiffs Rent.

I observ'd in that Case, that altho' Mr. Maddison knew very well that there was a Mistress in the Case, and that the Rent was not aim'd at; yet he would fain try his Fortune in the Suit, thinking, that a Jury perhaps out of &horfill; Compassion to him, or to discourage the like Facts, might make the Manslay_er pay him for his Loss: But the Judges would not suffer it to go on, it be_ing a meer Device and a new fangled Action.

It hath been held that an Action will not lie against a Parson for Suing for Tythes in Kind, knowing that there was a Modus, because it might then be perilous for any Parson to insist upon his Right.

It was held by the Court of Common-Pleas, that no Action will lie for suing an Attorney, knowing in another Court against his Privilege; for his Means to enjoy his privilege is to claim it by Writ of Privilege; and he is not bound to claim his Privilege, nor can his Adversary know he will claim it.

An Action was lately brought in the Kings-Bench (as I have heard) for de_laying a Post-Letter maliciously, whereby the Plaintiff wanted Intelligence that might have been of great Advantage to him. The Court discountenanc'd the Action, so that it proceeded no further. It was then said (as I heard) to this effect, That if such Presidents were admitted, there could hardly be any Dealing or Correspondence but might be matter of Actions at Law; and al_tho' the Case depended upon proof of particular Malice, and the Defendant will be acquitted if his Case be not odious; yet we must consider there, that there is both Charge and Vexation of Mind, that attends the Defence of a just Cause, and we must not subject Men for all their Actions to such Trouble and Hazard.

These Instances shew, that altho' an Action upon the Case be esteemed a Catholition, yet when Actions have been apply'd to new Cases, they have al_ways been strictly examin'd, and upon Considerations of Justice or Inconve_nience they have been many times rejected.

For, tho' the Law advances Remedies, as my Brothers observed, yet it is with Consideration, that Vexation be not more advanced than Remedy.

It is my Opinion that no new Device ever was or can be introduced into the Law, but Absurdities and Difficulties arise upon it, which were not foreseen, which makes me Jealous of admitting Novelties. But,

2. In Matters relating to the Parliament (which is my second ground) there is no need of introducing Novelties, for the Parliament can provide new Laws to answer any Mischief that arise, and it ought to be left to them to do it.

Especially in a Case of this Nature concerning Elections which the Parli_ament have already taken care of, and prescrib'd Remedies by the several Statutes that have been made concerning them, I say, in such a Case, there is little need to strain the Law.

The Judges in all times have been tender of meddling with Matters relate_ing to Parliament. I do not find that ever they try'd Elections, but where Statutes give them express Power; or that they ever examin'd the Behaviour of a Sheriff, or any Officer of the Parliament, but upon those Statutes; and in Brounker's Case, Dyer, 168, the Statute was their Rule in the Star-Chamber, and they inflicted the same Punishment that is appointed by that Statute.

If we shall allow general Cases (as an Action upon the Case is) to be ap_ply'd to Cases relating to the Parliament, we shall at last invade Privileges of Parliament, and that great Privilege of judging of their own Privileges.

Suppose an Action should be brought in time of Prorogation against a Mem_ber of Parliament, for that he falsly and maliciously did exhibit a Complaint of Breach of privilege to the Parliament, whereby the Party was sent for in Custody, and lost his Liberty, and was put to great Charges to acquit him_self, and was acquitted by the Parliament.

If upon such a Case the Jury should find the Defendant guilty, Why should not that Action be maintain'd as well as this at Bar? It may be said for that Action, that the Judgment of the Parliament is follow'd; and the privilege is not try'd at Law, but determin'd. 1. In the House. 2dly, It may be said the Party has no other way to recover his Charges.

It should be dangerous to admit such an Action, for then there would be peril in claiming Privilege; for if the Party complain'd of, had the Fortune to be acquitted by the House, the Member that made the Complaint would be at the Mercy of the Jury, as to the point of Malice and Quantity of Da_mages. Such a President I suppose wou'd not please the Parliament, and yet it may with more Justice be the second Case, than this at the Bar the first.

Actions may be brought for giving Parliament Protections wrongfully. Actions may be brought against the Clerk of the Parliament, Serjeant at Armes, and Speaker, for ought I know, for Executing their Offices amiss with Averments of Malice and Damage; and must Judges and Juries deter_mine what they ought to do by their Officers? This is in effect prescribing Rules to the Parliament for them to act by.

It cannot be seen whither we shall be drawn, if we meddle with Matters of Parliament in Actions at Law. Therefore in my Judgment the only safety is in those Bounds that are warranted by Acts of Parliament or con_stant Practice.

Suppose this Action had been brought before the Election had been decided in the House, and the Jury had found one Way, and the Parliament had De_termin'd contrary, how Inconsistent had this been?

But it was said in the King's-Bench, that the Court would not try it before the Parliament had Determin'd the Election, and then that cannot be Con_tested, but the Judgment of the Parliament must be follow'd; and my Bro_ther Ellis but now said, Surely no Man will be so Indiscreet as to bring such an Action before the Parliament hath Determin'd it, and the Court will not Try it before such time as the Election be Determin'd in a proper Way.

In my Opinion this was not rightly consider'd, for how can the Court stay any Suit to expect the Determination of the Parliament? And what Reason or Justice is there, who is no Party call'd to answer in the Parliament should be concluded in any thing by a Judgment between other Parties, to defend himself from a Demand of Damages in a Court of Law, where Witnesses are not Examin'd upon Oath, which they cannot be in the Commons House?

There is no Reason the Suit of Law should stay till the House have De_termin'd the Election, if the Determination of the House be not Conclusive in that Suit.

And for the Discretion of the Parties that are like to bring such Actions I cannot depend upon it; for I see in this Age, some Men will insist upon their private Rights, to the hindrance of Publick Affairs of higher Consequence than any that come before the Courts in Westminster-Hall.

It may be there will not want Men that will press us to Judge in such Cases, and not only before the Parliament have Determin'd, but against what the Parliament have Determin'd; and will tell us that the Sheriff was no Party, that Witnesses were not there Examin'd upon Oath, and produce Arguments from Antiquity which we shall be loath to Judge of.

I can see no other way to avoid Consequences derogatory to the Honour of the Parliament, but to reject the Action; and all others that shall relate ei_ther to the Proceedings or Privilege of Parliament, as our Predecessors have done.

For if we shall admit general Remedies in Matters relating to the Parlia_ment, we must set bounds how far they shall go, which is a dangerous Pro_vince, for if we Err, Privilege of Parliament will be invaded, which we ought not any way to endamage.

This I speak of general Remedies: Now I will consider this particular Case, which in my Opinion, would bring Danger and Dishonour to the Parliament.

It is Dishonourable to the Parliament that there should be not Protection in their Service; I have shewn that the Sheriff can be safe in no Case, if he shall be Sued in such a Case as this: And can there be a greater Reproach than that there is no safety in their Service? No body can serve them cheerfully and willingly at that Rate.

It has been objected that the Sheriff is not their Officer, but is the Officer of the Court of Chancery, which sends forth the Writs and receives the Returns. The Argument is plausible, but will not pass in the Parliament; for they say the Court of Chancery is the Repository for their Writs, but will not allow them to Issue without Warrant from the House: They will not suffer the Court of Chancery to meddle with the Returns or the Sheriff. The Parliament sends im_mediate Order to the Sheriff, if the Return be too slow, they direct the Sheriff to Amend his Return, and they punish the Sheriff where they find him faulty; so that it appears they exercise an immediate Jurisdiction over the Sheriff. And I suppose they would Judge it very False Doctrine for us to (nor indeed can we any way) meddle with the Returns or the Officer.

Admitting the Sheriff to act in Returns as the Officer of the Parliament; It concerns them that he should be lyable to no other Punishment but what they Inflict, otherwise they cannot expect to be obey'd.

To have others Judge when their Servants do well, will be to have others give Rules to their Servants and Service, which they will think Inconvenient.

Let it be considered how hard a Task Sheriffs have in their Elections of Knights to the Parliament: The Appearance commonly is very Numerous, the Parties Contesting very Violent, the Proceeding Tumultuous, the Polling sometimes is at several Places at once; so that the Sheriff can hardly be a Wit_ness of the Action, and if the Dispute be in the House of Commons he is no Party to it. If after all this the Sheriff, who cannot indemnify himself by Security, shall be lyable to an Action, the Service of the Parliament may be reckon'd a miserable Slavery; which is not for their Honour.

As this is Dishonourable, so it is Dangerous to Parliaments; it concerns the Kingdom that Returns to the Parliament should be upright and impartial, and that they may be so, the Sheriff should be secure from all Fears.

Judges are not lyable to Actions, that they may Proceed uprightly and im_partially; if they were subject to Suits for their Judgments, there is that earn_estness and confidence on both sides, that one side would be dissatisfy'd and trouble them, and they could not discharge their Duty without Apprehensions of Disquiet.

If the Sheriff be dispos'd to Actions thus, let us consider what and whom he is to fear: He may fear the Suit of the Party, and he may fear the Suit of the King. It follows necessarily that if an Action lies, an Information, for the King will also lie for the Misdemeanor of his Office, if it be not a Case privi_leged by the Complexion of it, as Parliamentary from being Examin'd in West_minster-Hall, but that he may be punish'd at the Suit of the Party, he may cer_tainly as well be punish'd at the Suit of the King, If so, where is the Sheriff's Security? Will his own Innocence secure him? That will be Try'd by a Jury of the County where the Parliament sits; who are, it may be, Strangers to him as well as to the Matter, or by a Jury of the Country where the Election was; where, it may be, they will be of an opposite Party, the Plaintiff may wait his opportunity, and question him Twenty Years after: and if he be Condemn'd his Punishment is unlimited, a Fine may be set any height for the King, and Damages may be given to any Value for the Party: Where is his Security upon such Proceedings? Will he not be more afraid of such Punishment out of Parliament than of any Punishment in Parliament? Will not, nay may not his Terror make him desire to please them that can punish him out of Parliament, rather than to do Right? Will not that be dangerous to the Constitution of Parliaments?

As the Punishment out of Parliament may be a Punishment to those who mean well, so colourable Punishments may be as mischievous on the other side; for they may prevent any Punishment, for Nemo bis punitur pro eodem di_licto, they may serve for Protection of Men that do it: When it is seriously weigh'd of what Consequence this may be, the Case at Bar will not be thought a Case fit to be receiv'd by the Judges without the Countenance of Law.

They object here is Malice found by the Verdict, and that there is no Dan_ger or Inconvenience that accrews by reason Malice, but ought to be Punish'd.

This Objection fortifyes my Opinion; for Malice, upon which they would have the Scales turn in this Case is not a thing Demonstrative, but Interpreta_tive, and lies in Opinion, so that it may give an Handle to any Man to punish another by.

The Instance of this very Case shews, that a good Man may reasonably be a_fraid of the Event of his Defence in such a Case.

For altho' the Matter was of great Examination in Parliament, and at last decided but by few Voices, and no observation of the Sheriffs Miscarriage there, tho' it appear'd upon the Tryal (which I may say being present there) that the Sheriff was guided by the Advice of his Friends, of Council and of Parlia_ment Men, that told him the only safe Course was to make a double Return, yet the Jury Condemn'd him to pay 800l. against the Expectation of the Court; for the Judges that were present at the Tryal did all declare publickly that they would not have given that Verdict.

The Jury heard all the Evidence the Jury could go upon, for being of a remote County to the place of Election; the Jury could know nothing of their own knowledge, and yet the Judges concurr'd not with the Jury in their Opinion.

I know we are not to examine the Truth of the Verdict, we must take it for Gospel, neither do any Partiality in this particular lead me in Judgment; but I shew it as an Instance that Malice is not demonstrative; Mens Minds may be mistaken, and Innocent Men may therefore have reason to be afraid, especial_ly in Ill Times, and may use such Means for their Safety as may not be convenient for Parliaments.

But there can be Danger or Inconvenience in the Censure of the Parliament that represents the whole Kingdom, who hitherto have alone exercis'd this Power, and who may at any time Reform the Law, if the present Practice be any way Inconvenient.

Upon these Reasons which I have produc'd I ground my Opinion; Now it will be necessary to weigh what hath been said in Opposition to it.

The Arguments urg'd on the other side, related either to the Ingredients or Circumstances of this Action, or to the Foundation or Substance of it.

I call the Ingredients and Circumstances of the Action, that it is laid with these Words; Falso, Malitiose, Deceptive, Scienter, And that there is a Verdict in this Case, and are Damages found.

The words Falso, Malitiose, & Deceptive, will sometimes make a Thing A_ctionable, which is not so in it self, without Malice prov'd, tho' there be the same Damage to the Party.

As where a Man causes another to be falsly Indicted, yet if it be not Ma_litiose, no Action lies, tho' there be the same Trouble, Charge and Damage in one Case as the other.

But it is only where a Man is a voluntary Agent, for if a Man be Compellable to act, you cannot molest him upon any Averment of Malice; as if a Grand Jury-Man causes another to be Indicted, tho' you aver Malice, you cannot have an Action a_gainst him; so for a Witness that doth testify, or a Judge that judgeth.

In the Case at Bar, the Sheriff is Compellable to act, and not barely as a Minister to send the Indenture; but as a Judge to say which is the Major Part; and if he mistakes, there is no reason it should subject him to an Action upon an Artificial Averment of Malice.

I remember in Shepherd and Wakeman's Case in the Kings-Bench, Mr. Justice Wind_ham said well, that the words Falso & Malitiose were grown words of course, and put into every Action; so that to his knowledge Juries many times had no regard to them, that he look'd upon them as Words of Form.

If we should make the words Falso & Malitiose support an Action without a fit Subject Matter, all the Actions of Mankind would be liable to Suit and Vexation, they that have the Cooking (as we call it) of Declarations in Actions of the Case, if they be skilful in their Art, will be sure to put in the words Falso & Malitiose, let the Case be what it will they are here Pepper and Vinegar in a Cook's hand, that help to make Sawce for any Meat, but will not make a Dish of themselves.

Falso & Malitiose will not enable an Action against a Judge.

Nor against an Indictor or Witness, nor where words are not Actionable, tho' the Plaintiff hath a Verdict and Damages found, nor for a Breach of Trust, which is ali_eni fori.

The reason of every one of these Cases holds in the Case at Bar. Therefore it ought to have the same Resolution.

As to the word Scienter, it hath weight sometimes, as if an Action be brought for keeping a Dog that Worried others Sheep, Sciens Canem ad mordend' Oves cousuetud. or for detaining the Servant or Wife of another; Scienter in these Cases, if the De_fendant hath been told that the Dog did worry Sheep, or that it was the Servant or Wife of another, tho' it may be he did not believe it, yet it was Scienter, for the word implies no more than having Notice; and in those Actions he must inform him_self at his peril, and may if he doubts, avoid Danger, by putting away those things which give Offence. But in this Case he could receive Information by none, and is not to believe or disbelieve any body, but is bound to judge of the thing himself, and to act according to his Judgment, so that no proof could be made of the Scienter, for one side tells him the Election was one way, and the other side tells him it is the other way, but he being present to the whole Action, must follow the Dictates of his own Judgment; Hence it appears Scienter in this Case is an empty word, not referring to Notice of a Fact, but of Matter to Judgment, which cannot any way be prov'd.

It has been often urg'd that this Case is stronger by being after a Verdict and Da_mages found by the Jury, and it has been said that perhaps upon a Demurrer, it might have been found more doubtful.

The Case is the same to me upon a Verdict that it should have been upon a general Demurrer, and no stronger, for a Demurrer is the Confession of the Party of all that can be prov'd, or can possibly be found upon that Declaration.

It is my Lord Coke's Advice in Cromwell's Case, 4th part. 14 a. never to Demur to a Declaration, if there be any hopes of the Matter of Fact; for the Matter in Law will as well serve after a Verdict, as upon Demurrer.

The finding the Plaintiff's Damages adds no strength to the Case, for we see every day upon Actions for Words, tho' the Jury find the Defendant guilty for speaking Words Falso & Malitiose, and find it to be to the Plaintiffs great Damages, yet if the words are not such as will bear an Action, the Court stays Judgment; and if Judg_ment happen to be given, it is reversable for Error, which shews that the finding Damages by the Jury cannot make an Action better than if it were to be adjudged upon Demurrer.

I shall now consider what hath been said to maintain this Action upon the Main Substance and Foundation of it. They say this is a Case within the general Reason of the Common Law, for here is Malice, Falsity and Damage, and where they con_cur, there ought to be Remedy. And altho' this be a new Case, yet it ought not for that Reason to be rejected, for other kind of Actions have been newly introduc'd, and this is fit to be entertain'd as any.

My Brothers that argued even now for the Action shew'd great Learning and great Pains, and certainly have said all that can be invented in support of this Case, but as far as I could perceive, they have spoken upon general Notions to that purpose I just now mention'd: but nothing that I could observe applicable to the Reasons and Dif_ferences I go upon.

As for the Rule they go upon, that where Falsity, Malice and Damage do concur, there must be Remedy; I confess it is true generally, but not universally, for it holds not in the Case of a Judge, nor an Indictor, nor a Witness, nor of Words that import not legal Slander, tho' they are found to bring Damage, as I have shewn before. And the Reasons that exempt these Cases from the general Rule have the same force in the Case at Bar.

I must confess the Judges have sometimes entertain'd new kinds of Actions, but it was upon great Deliberation, and with great Discretion, where a general Conveni_ence requir'd it.

If Slade's Case were new (for my Brother Thurland truly it was said in that Case, that there were infinite Numbers of Presidents) that Case imported the Common Course of Justice. Actions for Words that are said to be new, tho' they have been us'd some hundreds of years, are a necessary Means to preserve the Peace of the Kingdom. The Case of Smith and Craschaw, Cro. Car. 15. was a Case of general Concern, being that Prosecutions for Treasons may be against any Man and at any time.

But in the Case at Bar, neither the Peace of the Kingdom nor the Course of Justice is concern'd in general, but only the Administration of Officers of the Parliament in the Execution of Parliamentary Writs, and can never happen but in time of Parlia_ment, and must of Necessity fall under the Notice of the Parliament; so that if the Law were Deficient it is to be presum'd the Parliament wou'd take care to supply it: Discretion requires us rather to that, than to introduce new Presidents upon such gene_ral Notions that cannot govern the Course of Parliament.

My Brother Atkyns said the Common-Law comply'd with the Genius of the Nation, I do not understand the Argument; Does the Common-Law change? Are we to Judge of the Changes of the Genius of the Nation? Whither may general Notions carry us at this Rate? For my own part I think, tho' the Common-Law be not Writ_ten, yet it is certain and not Arbitrary; We are Sworn to observe the Laws as they are, and I see not how we can Change them by our Judgments; and as for the Geni_us of the Nation, it will be best considered by the Parliament, who have Power of the Laws, and may bring us to a Complyance with it.

In the Case at Bar I look upon the Sheriff as a particular Officer of the Parliament, for the managing Elections, and as if he were not Sheriff: I look upon the Writ as if it were an Order of Parliament, and had not the Name of a Writ; I look upon the Course of Parliament, which we pretend not to know, to be incident to the Con_sideration of it; so that it stands not upon the General Notion of Remedy in the common Course of Justice.

The Arguments of the falling of the value of Money, whereby the Penalty of 100l. provided by the 23. H. 6. is become inconsiderable, and the increase of the Estimation of being a Member of Parliament, if they were true, are Arguments to the Parliament to change the Law by increasing the Penalty, but we cannot do it.

My Brother Maynard in his Argument wou'd embolden us, telling us we are not to think the Case too hard for us, because of the Name of Course of Parliament, for Judges have punish'd Absentees: They may Determine what is a Parliament, what is an Act of Parliament, how long an Ordinance of Parliament shall continue, and may punish Tresspasses done in the very Parliament.

I will not dispute the Truth of what he said in this, but if his Arguments were Artificial, he might have spared them; for they have no manner of effect to draw me beyond my Sphere.

I will not be afraid to determine any thing that I think proper for to judge, but see_ing I cannot find the Courts of Justice have at any time medled with Cases of this Nature, but upon express Power given them by Acts of Parliament, I cannot con_sent to this President, I am confident when there is need, the Parliament will discern it, and make Laws to enlarge our Power, so far as they shall think convenient.

I see no harm that Sheriffs in the mean time should be safe from this new devis'd Acti_on, which they call the Common Law; if they misdemean themselves, they are answerable to the Parliament, whose Officers they be, or may be punish'd by the Statute made for Regulating Elections.

It is time for me to conclude: which I shall do by repeating the Opinion I at first deliver'd, (viz.) That this Judgment is not warranted by the Rules of Law; That it introduceth novelty of Dangerous Consequence, and therefore ought to be Revers'd.

S�pe viatorem nova non vetas orbita fallit.

Note, The Lord Chief Justice Vaughan and Lord Chief Baron Turner, both deceas'd, who in their Lives were Eminent Members of Parliament, were of the same Opini_on; And the Judgment was accordingly Revers'd.

FINIS. |CLA |Y1715 THE Counsellor's PLEA FOR THE DIVORCE OF Sir G. D. and Mrs. F. George Downing, Mrs. Forrester &horbar By a Free Thinker &horbar LONDON: Sold by R. Burleigh in Amen-Corner. May 1715. Price 6d. &horbar &horbar

TO THE READER.

THE following Plea is to be under_stood as Written by a Gentleman of the Law, very knowing in his own Profession, but more Conversant in Church-Writers than Lawyers generally are, or need to be: This made him more careful to observe what became of the Bill of Divorce, which was lately brought into the House of Lords, on the Behalf of Sir. G. D. and Mrs. F.; and he us'd such Means as to get to be present, and to hear whatever was said for or against that Bill, from the bringing it in, to the dismissing it. We who were his Friends, and knew the Calmness, and the marvellous good Temper of the Man, were much surpriz'd to find him return from Westminster, one Night, in such a fretful ill Mood, that we could hardly get a good Look from him, tho' he loved us all. At last he told us that the Bill of Divorce was thrown out; and then we found the Occasion of his Sul_lenness, upon which we rally'd him hand_somly, and provok'd him, all we could, to tell us how things had gone: But all we could get from him, was , "Learn to De_claim, Friends, learn to Declaim; mind not Reasoning close; nor be concern'd for Consequences; get some good Words in your Mouths, and use them often; Eyes and Hands, and devout Shrugs, will do more Service than you think for." This put us so in mind of Prince Hamlet's way of Talking, in the Play, that we all of us burst into Laughing, and brought our Friend into the same Fit with us. But this Effect it had, that when he was come to himself, he was perswaded by the Company to make a Plea, upon such Topicks as he thought would have been proper for that Great Assembly, where the Cause was to be agitated: And we gave him a Fortnight to do it in, and then to bring and read it to us. This was a Way that half a Dozen of us us'd to take to perfect our_selves in Pleading. Our Friend undertook the Task, and perform'd it in the following Manner; but we never saw the Face of that excellent Man, after we parted with him; a sudden Distemper put a sudden End to his Life, and to the Hopes he had rais'd, in all that knew him, of becoming one of the emi_nentest Men of the Age. We found, by his foul Copy, that he had added a good deal to what is here said, and had fall'n, with some Sharpness, upon the Antient Latin Church_Writers, tho' he had otherwise a very great and true Respect for their Works; but this he had drawn a Scratch over, and so we have left it out. Our Love to our Friend may make us somewhat Partial in his Favour, and over-value his Performance; but nothing can make us believe, that it will not be very acceptable to the Publick; nor hinder us from hoping, that from hence it will be seen, that something more was due to this Unfortunate Pair than the Common Pity.

&horbar &horbar &horbar

THE CASE.

I. G. D. without the Knowledge and Consent of his Father (then alive, but accounted not of sound Judgment) was, at the Age of Fifteen, by the Procurement and Persuasion of those in whose Keeping he was, Marry'd, according to the Church Form, to M. F. of the Age of Thirteen.

II. This young Couple was put to Bed, in the Day time, according to Custom, and continu'd there a little while, but in the Presence of the Company, who all testify they touched not one the other; and after that, they came together no more; the young Gentleman going immediately Abroad, the young Woman continuing with her Parents.

III. G. D. after Three or Four Years Travel, return'd home to England, and being sollicited to live with his lawful Wife, refus'd it, and frequently and publickly declar'd he never would compleat the Marriage.

IV. Fourteen Years have pass'd since this Mar_riage-Ceremony was perform'd; and each party having (as is natural to think) contracted an incura_ble Aversion to each the other, is very desirous to be set at liberty; and accordingly Application is made to the Legislative Power, to dissolve this Marriage, and to give each Party leave, if they think fit, to Marry elsewhere.

The Reasons against such Dissolution, are,

First, That each Party was Consenting to the Marriage, and was Old enough to give such Consent, according to the known Laws of the Kingdom; the Male being Fifteen Years Old, the Female Thirteen; whereas the Years of Consent are, by Law, Fourteen and Twelve.

Secondly, They were actually Marry'd ac_cording to the Form prescrib'd by the Church of England; the Minister pronouncing those solemn Words us'd by our Saviour, Those whom God has joyn'd let no Man put asunder. They are therefore Men and Wife both by the Laws of God and of the Land; and since nothing but Adultery can dissolve a Marriage, and no Adultery is pretended here, the Marriage con_tinues indissoluble.

&horbar &horbar

THE PLEA.

My Lords,

I Intreat You to favour me whilst I speak a few Words to the Bill that is now brought before You, notwithstanding what I hear whisper'd about by the People that stand near me, that this is a Matter proper to the Clergy, and that we are to ac_quiesce in the Judgment and Opinion of my Lords the Bishops, who are agreed that such a Marriage as this is not to be dissolv'd. My Lords, the Bishops themselves are (under fa_vour) not agreed upon this Matter, altho' the Majority of the present Ones is, as I hear, against the Dissolution of this Marriage: But were they all here and all Unanimous in the Point, would that be a binding Argument? I am a little a_sham'd to hear Laymen say that Cases of this Nature fall not properly under their Cognizance and Consideration, but are to be decided by the Clergy only. There are no such Difficulties in the Case before us, as I apprehend it; 'tis what we may all of us understand, and, I be_lieve, we most of us do: And to defer and yield intirely to Authority where we are able to hear Reason and to Judge, is a Submission that is no more due, than, I dare say, it is expected by that Venerable Bench. I will therefore, with your Lordships Indulgence, speak my Mind in this Matter freely.

I hear it is said, my Lords, that a Marriage that was once good and valid, is for ever after that indissoluble, unless in the Case of Adultery. I wonder, by the way, how they came to except the Case of Adultery; for tho' our blessed Saviour has excepted the Case of Adultery, yet the Stream of Authority, the Generality of those Great Men, whom we call the Fathers of the Latin Church, together with the Rabble of School-men and Commentators, have almost all to a Man, deny'd the Innocent Party the li_berty of Marrying again, altho' divorc'd from an Adulterous Partner; and I would fain know how much a Divorce is worth, above Six-pence, without leave to Marry again, if the injur'd Party pleases? But I only mention this, to let your Lordships see, whither the Reverence of Authority alone, and Great Names, may carry those who will be led tamely by them, and will not use the Reason and good Sense which God has given them.

I ask your Lordships Pardon for this Di_gression, and come to the Point. A Marriage, we are told, is good, where the Parties con_cern'd were at Age and liberty to Consent, and actually Consented, and were actually Marry'd by the Form prescrib'd in the Book of Common-Prayer. And such a Marriage, we are also told, is indissoluble by the Law of God. I will not waste the least of your Lordships Time in needless Cavils, but take it for granted, that the Man now concern'd was Fifteen Years of Age, and the Woman Thirteen, which are Years of Consent by the Laws of the Land: And that they were actually Marry'd by the prescrib'd Form. But I deny that the Marriage is therefore indissoluble by the Legislative Power of the Land, and that for many Reasons.

My Lords, The Years of Consent are not fix'd to Fourteen or Twelve either by Nature, Reason, or any Law of God; but purely and meerly by the positive Laws of the Land, which may change them to Morrow; and if they were chang'd to Day, no Man in England would, I dare affirm it, be dissatisfy'd; it seems so senseless and unreasonable to give our Children the Power of disposing of their Persons for e_ver, at an Age when we will not let them dis_pose of Five Shillings, without Direction and Advice. But I insist not upon that at present, the Law is already made, and I consider it as such; but still it is but a Human Law, and the same Power which determines it to bind in the general, may, if it seem fitting, determine it not to bind in this or any such particular Case; and that without Offence either to God or Man. The Laws indeed must fix upon a certain Time, or otherwise the Subject will want Di_rection, and a Rule to go by. And let us take it for granted now, that the Time fix'd by the Laws is a reasonable and fitting Time for 99 People in a Hundred; yet if the Hundredth Person be aggrieved to Death, or worse than Death, by such a Law, what is the Impediment, what the Danger, what the Mischief, of de_claring the Hundredth Person not to be bound by that Law? If it were possible for Human Wisdom to foresee all the Inconveniences and Mischiefs that can arise, would not the Legisla_tive Power provide a Remedy for all? Would it not make its Rules as comprehensive as it could, so that they might comprize and take in all Cases and Persons possible? But this we find was never done, nor ever will be done: No Foresight is sufficient for all Accidents. But there is Room for After-thought; and a Power to Cure the Evils which it could not prevent, because it could not foresee, is lodged in every Government. 'Tis to that Power we have now recourse: We pray Relief against a Law, which however just and fitting it may be thought in itself, and beneficial to Others, binds Us to nothing but Misery; and truly kills, ac_cording to the Letter. The Man and Woman were at Age, according to the Law, but wan_ted that Maturity and Forwardness of Age, which the Law supposes and requires in People of Twelve and Fourteen, when it makes them capable of Marrying at those Years. They gave Consent indeed with their Tongues, and pronounc'd the solemn Words, by which they mutually deliver'd up themselves each to the other, that is, they did as they were bid to do, and said just as the Parents and Priest com_manded them to say. But where was the Consent of Heart? Where was the Knowledge and Understanding that is requisite to the forming a Resolution of this nature, and to the making such a solemn Contract? My Lords, the Children were entirely passive in the Mat_ter, and very obedient to the Orders of those that govern'd them; and would have given a_way their Fortunes and their Liberties, and e_very thing they had, had they been bid to do so, in the same manner. I may affirm, because I have taken great Pains to be inform'd of the Truth, that this young Couple came together to Contract, and to Consent to Marriage, with_out so much as the Desire or Appetite of being Marry'd; without so much as knowing what it was they were to Bargain and Contract for: They consented to give the Use and the Do_minion of their Bodies each to the other, as long as they both should live, without so much as understanding what they meant when they said so; without so much as an Ability of making good their Promises and Engagements.

This, my Lords, is the Consent this Couple of young and thoughtless Creatures gave; and this Consent the Church, it seems, insists upon. The solemn Promise was pronounc'd in solemn manner by the Priest, and the Children were bid to say after him, and said after him, and then the Knot was ty'd, that nothing can loose but Death. Is there any thing in the World so like a Charm as this? My Lords, there is not any Contract in the World but may be utterly dissolv'd, by the free Consent of Parties, if without Prejudice to any Third. I like a Horse that is in any Man's Possession, and he likes the Price I offer for it; we thereupon agree, and pass our Words each to the other: His Promise then gives me a Right to the Horse, and my Promise gives him a Right to the Price agreed upon. But in a little time we each of us bethink ourselves, and each dislikes the Bargain he has made, and each agrees to set the other at his liberty: I have not us'd your Horse, nor have you gotten my Money. Here the Contract is utterly dissolv'd by the Consent of Parties, and no third Man is hurt thereby. Will any Man say that we have done amiss? Will any one say that we have so much as bro_ken our Word each to the other? The Word I gave to him was to secure his Bargain; the Word he gave to me was to secure me mine. If he dislikes the Bargain, he gives me (as it were) my Word again; and so do I to him; and then we are again at liberty. My Lords, If we should carry the Matter farther yet, and to secure the Bargain we seem at first so fond of, should give our Oath to each the other, in Pre_sence of a great Company, and with what So_lemnity besides you will, yet I affirm, (and so do all the Casuists in the World, as I am told by those who know) I say, my Lords, that I affirm, that if in this Case, after this solemn Oath, we should both of us freely consent to break this Agreement off, and no Body else be hurt thereby, we should neither of us be guilty of Perjury, or Breach of Oath. Our Oaths were given to each the other, to secure the Promises that were made; and if we, each of us, see reason to consent, and freely do consent, to release each other of his Promise, the Oath can lay no farther Obligation on us. I promised, and I swore I would perform that Promise to him; he did the same to me; but neither of us, after some time, car'd, or requir'd, to have such Promise made good to him; our Oaths must therefore follow the Nature of our Pro_mises; and when the Promise is releas'd, the Oath is so also. It may be we both of us did amiss in calling God to Witness (as in an Oath Men are presum'd to do) in an Affair of so light Moment; I will not dispute that now, but I maintain that such an Oath obliges not, if the Promise, for whose Security the Oath was given, be mutually releas'd, and no Body hurt thereby. My Lords, I appeal to those who understand these Matters whether what I say be not true.

Whence is it then, that the Marriage-Contract should be indissoluble, when all other Contracts, tho' confirm'd with solemn Oaths, may be dis_solv'd, if the contracting Persons agree to such a Dissolution, and no Third Person suffers by it? How comes a Promise of this Nature to differ from all other Promises whatever? Oh, say the Popish Casuists, it is because this same Matrimony is a great Sacrament. No, say the Protestant Divines with us, it is no Sacrament, but it is the Ordinance of God, instituted in Pa_radice, in the Time of Man's Innocence and signifies to us the mystical Union that is betwixt Christ and his Church; and the Promise is made with all Solemnity, in the Presence of God, in the Church, before the Priest and all the Com_pany, and confirm'd with the Words of Christ: And therefore a Consent and Promise made in such a solemn manner can never be re_tracted or dissolv'd.

My Lords, I intend not to say one Word a_gainst the Dignity of Marriage. But I do not think that the Solemnity of Words, of Place, and Company, in which a Contract is made, adds any Strength or Virtue to such Contract, or makes it more Obliging.

A Man indeed will certainly be more asham'd to break a Promise made at Church, and before a great Company, than he will be to break such a Promise made to his Friend alone, at his own House. But is he more oblig'd in Conscience to keep his publick Promise than his private one? Will any honest Man say that? The Obligation therefore does not arise from the Solemnity of Words and Place, and Company, but from the free and voluntary Promise which a Man makes, and the Right he thereby gives to another. The Scandal also and Offence that is given and taken by a Breach of Promise, made in solemn man_ner, is indeed greater, than is occasion'd by the Breach of a Promise made in private: But the reason of that is, because more People know of it; for if the same People were assur'd that such a Promise was indeed made, altho' in private, they would as certainly condemn the Breach of it, as they would, had it been made before them all; and they would be as much scanda_liz'd at such a Breach, as if they had been Witnesses to the making the Promise: Which is a Proof that a Man's Obligation to keep his Promise arises from his having freely made it, and not from his having made it in such a Place, and before such a Company, and in such a particular Form of Words.

The first Marriage that ever was made, was made without any Words at all, that we know of, expressing their Consent; and it was so Clandestine, that there was not so much as a mortal Man by, no not a Priest to joyn them together: But God who made them, brought the Woman to the Man, and instructed them by Reason and natural Principles, that they were made each for the other. There was Consent of Heart, and Union of Affections. But I insist not upon the Example; it is too singular to be a Rule. Years of Age are necessa_ry; and Consent, in express Words, mutually given and taken, is necessary to make a Mar_riage-Contract good and valid.

This is the Ordinance of God, this is of di_vine Appointment, that one Man and one Wo_man should freely and knowingly give Consent to be each others, to all the Ends and Purposes of Matrimony, as long as they both should live, and should not be allow'd to give themselves to any ones Use besides.

And all that Christ added (if indeed he added any thing, or did any more than revive it) to this original Institution was, That when either of the Parties brake their Contract by Adultery, the innocent Party was at liberty to seperate from the faulty One, and Marry another, if it were thought fitting. Since therefore all that is ab_solutely necessary to the making a Marriage_Contract, is, that a Male and Female, who are at Age, and liberty to Consent, should actually Consent to give the Use and Dominion each of their Bodies, to the other; and, exclusive of all others, to live together faithfully till Death parted them: Since this is so, I do affirm, that Caius and Caia, two Heathens, giving their Con_sent, in the Manner abovemention'd, in their Father's Parlour, are Man and Wife according to God's Ordinance; their Marriage is as true, as good, and as innocent a Marriage, in the Sight of God, as the Marriage of a Jew and Jewess, tho' both in Covenant with God, made before the High-Priest himself, with all the Ceremonies you can imagine, and in what Form of Words you will, before a hundred Witnesses, and at the Altar in the Temple of Jerusalem.

I am, my Lords, so satisfy'd of the Truth of what I say, that I go on to say, with all Assurance, that the Marriage-Contract of this Caius and Caia was as good, as binding, and as innocent as the Marriage-Contract of any Lord in this Assembly, tho' Solemniz'd in the Church of St. Paul's, according to the esta_blish'd Form in the Common-Prayer, by his Grace my Lord Archbishop of Canterbury himself, re_peating those most sacred Words of Christ, Those whom God has joyn'd, let no Man put asunder. And I averr, That God did as surely joyn Caius and Caia, when they Consented to become Husband and Wife for Life, as he has joyn'd any Couple else for these Seventeen hundred and fifteen Years. So that I hope, my Lords, you will not suffer your Eyes to be dazl'd with the Pomp and Glitter of great Words, and aw_ful Sounds, which fly before good Sense, and vanish when you come to look into the Rea_son of Things.

Caius and Caia must express their Consent in Words and Signs appointed by the Laws of their Country; and must be Married by the Persons set apart for such Service, according to the Rites and Ceremonies of their Religion: So must the Jewish Pair, according to theirs; and so must Christians also. But there is something common to them all; and that in which they all unite must needs be that which makes the Marriage_Contract valid and obliging. And what is that, but that a Male and Female should be at Age to Consent, and at Liberty to Consent, and should actually Consent, to give to each the o_ther the Use and Dominion of each others Bo_dy, exclusively to all the World besides, as long as they both shall live?

This is properly the Marriage-Contract, and common to all Nations and Religions; and all beyond this, is Matter of Ceremony, Decency and Prudence; and order'd by the Legislative Powers of different Countries, as they see con_venient. And I do not so much as pretend to dispute the Force and Obligation of these Laws, to such as are subject to these different Powers: They are, and may, and must be binding as to the Dowries of the Wives, and the Legitima_tion of Children, and their inheriting Estates and Honours, and in all such like Cases.

My Lords, so much has been said in favour of the Solemnity of Words, of Place, and Persons, which are, in truth, but Circumstances to a Marriage-Contract, that it has made me spend so much of your time, to try to lay aside that Prejudice, and to consider the present Contract in itself. We were not of Age sufficient for Consent, altho' we were of Age according to the Letter of the Law. We gave our Consent to be Marry'd, but it was not the Consent of Understanding, for we knew not what it was that Marriage meant. We repeated very so_lemn Words, after the Priest, as we were bid_den; but it was but the Labour of the Lips, the Heart did not, the Heart indeed could not go along with them: For whether we take the Heart for Knowledge, or Desire, there was no Heart concern'd in all this Matter: We neither of us knew the Nature of the Contract we were making; we neither of us had so much as the Desire of doing what that Contract both supposes and requires. And now, my Lords, we humbly hope you will not let us be at Age, only to do ourselves irreparable Mis_chief; nor call that a Consent, which is to com_pleat our Ruine, and which can serve no other End.

We do not deny ourselves to have been at legal Age; we do not deny that we have given a verbal Consent; but we deny ourselves to have been at Years of Understanding, to give such a Consent as is reasonable and fitting in a Mat_ter of such Importance. And we appeal to your Lordships Equity, whether this Age and this Consent shall stand good to our Undoing, and to the Advantage of no Creature in the World besides: For who, my Lords, will be the worse for setting us at Liberty, or who will be the better for our being Bound? I am exceedingly sensible, that I have trespass'd much upon your Lordships Patience, but I am bound in Justice and in Conscience to beg a little more of it, to speak a Word or two to the last Part of the Objection, That since the Parties before you, in Petition, are Man and Wife both by the Laws of God and of the Land; and since by the Laws of God nothing but Adultery can dissolve a Marriage, and no Adultery is pre_tended here, the Marriage of Consequence con_tinues indissoluble.

To save your Lordships Time, I will grant every thing that can be granted; I grant, that by the Laws of God, nothing can dissolve a compleat Marriage but Adultery; and I grant, that no Adultery is pretended in the Case; but I deny that this Marriage before you, is there_fore indissoluble, because I must and do deny the Marriage before you to be a compleat Mar_riage, by the Laws of God: And, I hope, with your Lordships Favour and Indulgence, to shew it is not a compleat Marriage, because it never was consummated.

The Love and the Desire that Men and Wo_men have each of the other, is what is implanted in the Hearts of all of them, by God himself who made them; and is therefore as innocent an Appetite as any else they have; and it has (as every other Appetite) its proper Satisfaction provided for it by the good Creator: And when it fixes on its proper Object, is satisfy'd as innocently, as the Desire of Meat, or Drink, or Sleep can be. Marriage, my Lords, is fixing the Desire upon its proper Object: And this Desire is never to be satisfy'd with Innocence, but in the Marriage-Bed. The End of Marriage therefore is the Satisfaction of this Appetite. This is the End and Purpose of God in making them Male and Female; this is the Way, the only Way, of their becoming one Flesh: And therefore till the End is answer'd, where it can be answer'd, Marriage is not perfect and compleat. God cannot properly be said to have joyn'd those together, who never joyn'd them_selves together, in the natural Way, of his Ap_pointment: And therefore, under favour, 'tis a great Misapplication of those sacred Words, to the Case before us, where the two Parties never came together, in the Sense intended by those Words.

What can be plainer than this Proposition?

The End of Marriage, by God's Institution, is, that two should become one Flesh.

The Two before you in the Bill were never yet One Flesh. Your Lordships will make this Conclusion, Those whom God has joyn'd let no Man put asunder.

The Two before you in the Bill were never yet conjoyn'd by God, in the true Meaning of those Words; they may therefore as yet be put asunder by Men; as I hope they will by your Lordships.

My Lords, the Easiness of granting a Di_vorce in Cases of Impotence is a good Proof that Marriage is not compleat and perfect where the Ends of it are not to be obtain'd; nay, 'tis a Proof that it was no Marriage, but a Nullity from the beginning, altho' the Parties were at full Age, altho' they gave a free Consent, and were Marry'd with all Formalities; altho' the Priest pronounc'd them Man and Wife in the Name of the Father, Son and Holy Ghost, and said those sacred Words over their Heads, Those whom God has joyn'd let no Man put asunder, they were not Man and Wife, because they could not become one Flesh: They were not joyn'd by God, because they could not joyn themselves together. Your Lordships will consider there_fore whether a Marriage not consummated (nor ever like to be consummated) be a compleat Marriage in God's Sight; so compleat, I mean, as to be indissoluble. I shall be told, I know, that in the Case before us, there is now no de_fect of Power, no Impotence or Inability to com_pleat the Marriage pretended, but want of Will.

I own it, and I only use the Instance to shew that a Marriage not consummated, is not indis_soluble by the Laws of God; and that an utter Aversion to the Consummation of Marriage, in both Parties, is as good a Reason for a Divorce, as an Inability in one Party, which never fails of procuring a Divorce. In the one Case, the Par_ties are each of them untouch'd, pure and un_sully'd even in Thought; whilst in the other, there must pass such Things, as I have neither Will nor Leave to mention; and yet a Divorce follows of course. My Lords, if ever we had come together in this manner, I had not had one Word to reply on this Occasion; all I have said of our want of Age would have signify'd nothing; all I have said of our giving no Consent had been said to no purpose; had Consummation follow'd any time within these fourteen Years, we must not have appear'd in this Place. But when, to our want of Age, and want of Knowledge to consent to Marriage, we can also add, that we have never come together to compleat this Marriage, and that we are as pure from each the other, as we were when born, we humbly hope your Lordships will deliver us from the Chains which the Laws of our Country only have bound us with.

'Tis said, my Lords, that Consummation is not necessary to compleat a Marriage, because a Man is Master of the Woman's Fortune, and the Woman has right to her Dowry, altho' the Man or Woman should chance to die before the Nuptial-Bed were made ready. My Lords, I grant, that when the Parties who were at Age, and Liberty, have given their Consent, and the Priest has done his Work, according to the Form prescrib'd, the Law is satisfy'd, and looks no farther; and gives each Party a Right to all the Advantages agreed upon, tho' Con_summation follow not: The Laws suppose that what is reasonable and fitting will follow, and only secures legal Advantages that are contracted for. The other is a Point of Duty and of Con_science. I only ask whether there be a Man or Woman in the World, who thinks that the End of Marriage, as it is God's Ordinance, is fully answer'd, 'till it be consummated? My Lords, we come not here to say that a Marriage is not a legal Marriage 'till Consummation; nor to assign a Day, or a Week, or a Month, for such Completion: We presume not to trifle in that manner in such an Assembly as this. We only mean to say, that a Marriage not consummated, nor ever like to be consummated, is dissoluble, without Offence to any Law of God; and that a Marriage of that kind is not a compleat Mar_riage in his Sight; the full Purpose of his Insti_tution is not answer'd 'till they become one Flesh. All that goes before is previously necessary to the making such Conjunction innocent, but it is not what is mainly and principally intended by Him who made them Male and Female. And therefore 'tis but an Impertinence to tell us that Adam and Eve were compleatly Marry'd before they went into the Bridal Bower: 'Tis so with every honest Couple, as well as with our first Parents: But would they have been compleatly Marry'd had they never gone into that Bridal Bower at all, and liv'd for many Years? What Marriage, I pray, would that have been? They might have been good Company and good Friends, but they could no more have been said to be Man and Wife, with respect to what God in_tended by Marriage, than two Men, or two Wo_men, living together in Unity and Amity, may be said to be Marry'd together. I believe it would puzzle the Doctors to prove that Adam and Eve were ever Marry'd at all, any otherwise than by a mutual Consent to go together; for there was no Consent of any Superiour to ask or ob_tain; and there could be no need of promising to be faithful to each other, for there was no Body else to go to. I wonder such an Instance should be pitch'd upon.

But now, my Lords, I come to the great Argument of all which is brought to prove a Marriage compleat, tho' its Effect never follow; and that is, that Joseph and the Blessed Virgin were, and are often call'd, in the Holy Scrip_ture, Man and Wife, altho' we are sure by Scrip_tures they never came together till the Holy Child was born; and, by Tradition, sure they never came together after it was born.

This Example I take to be the Ground and Bottom of all those absurd Doctrines and Propo_sitions that are rais'd, in maintaining a Marriage to be compleat by the Consent of Parties, and the Benediction of the Priest, without any other fruit or effect. Joseph and the Blessed Virgin were certainly Espous'd and Betroath'd each to the other; and he thereby became so much her Husband, that he thought of putting her away, which shews he thought she was his Wife: And he is call'd her Husband by the Evangelist Saint Matthew; and she herself calls Joseph the Father of her Son, Thy Father and I have sought thee sorrowing: And a little before they are call'd his Parents. There is not a Word of all this that I either do, or dare deny. Be pleas'd, my Lords, but to remember and observe, that the same Scriptures that call Joseph the Husband of the Blessed Virgin, do also call Joseph the Father of her Son; and the same Scriptures that call Joseph and Mary Husband and Wife, do also call Joseph and Mary the Parents of Jesus. And he was in truth as much the Husband of the Virgin as he was the Father of her Son; and much in the same Sense, and to the same Purpose. My Lords, I have taken some Pains to understand this Matter, and what I am going to say I have from very good Authority, living as well as dead, for it is something out of the way of my Profession. It was absolutely necessary, by God's Appointment, that the Saviour of the World should be born of a Woman: And it was, by the same Appointment, full as necessary that he should not be the Son of Man, in the common Way. To reconcile these Difficulties therefore, he was Conceiv'd by the Holy Ghost, and Born of the Virgin Mary. But because this Saviour of the World was to be, in especial manner, the Messiah of the Jews, he was to be born a Jew; to descend from Abraham, according to the Pro_mise, of the Tribe of Juda, of the House and Lineage of David. This Messiah of the Jews ex_pected should be born as other Men were born; and they would never have receiv'd him as such, or heard him as a Prophet and Teacher sent from God, unless they had believ'd him to be born in lawful Wedlock; as they certainly did, or else you would have heard of it over and over in the Gospels, which conceal none of the Slan_ders, Contumelies and Reproaches, which the Jews, upon all Occasions, did so plentifully pour upon our Saviour. Had the Blessed Mary not been Marry'd, what would the People have said of her? What would they not have said of her and of her Son? It was therefore absolutely necessary to the Jews receiving Christ for the Messiah, and hearkning to him, that he should be born under the Reputation of Marriage; which could not be unless she took a Husband in the usual manner. You see what Entertainment both his Person and Doctrine found, altho' he was suppos'd to be born in Wedlock, and of honest Parents, only because of their mean and low Condition; but what had been his Fortune, had they thought him Spurious?

I am almost sorry I have occasion to speak of these Matters; and I restrain myself from go_ing on, in hopes that enough is said to shew, that the Marriage of Joseph with the Blessed Vir_gin was all (as I am told the antient Christian Writers call it) according to Oeconomy. It was to save Appearances; to cover both the Mother and the Son from the Reproaches of ignorant malicious People, till it should please God, in his own good time, to manifest the Truth more clearly to the World; and therefore tho' it might be wrapp'd in Prophecies before his Birth, yet it was not till after his Death that it became an Article of Faith, that he was Conceiv'd by he Holy Ghost, and Born of the Virgin Mary. Du_ring the Life of Christ, Joseph was the suppos'd Husband of the blessed Virgin, and the suppos'd Father of her blessed Son; and, under the Cover of that Relation, was to take upon him, under God, the Care and Protection of them both.

Will any Man, after this, pretend to say that this was a compleat Marriage, as Marriage is the Ordinance of God? It was compleat to all the Ends and Purposes that God intended by it: It screen'd the Mother and the Son from Blame and Slander; and it provided for them such Defence and Maintenance as was convenient. But what is this to God's Original Institution? Or how can such a thing be drawn into Example? Joseph and Mary are said to be marry'd, altho' they never did compleat that Marriage, altho' they ne_ver must compleat it, therefore a Marriage_Contract is a Compleat Marriage in any One else as well as them, altho' they proceed no far_ther! That is, (I humbly pray your Lordships to observe) there was a Marriage Contract made, about some 1715 Years ago, betwixt a holy Man and the most excellent and holy Maid that ever liv'd upon the Earth; plac'd in such Circum_stances as never happen'd before, nor ever will happen again; upon an extraordinary and most astonishing Occasion: The Contract was, that this Man should be call'd the Husband of this Virgin, for Reasons that never happen'd before, nor ever will happen again; and this Couple, by God's Appointment, never were to touch each other, in the matrimonial Way, till the Birth of a Child, that was to be call'd (because He truly was) the Son of God. Now this most rare, most singular, most unexampl'd Instance, is brought to convince your Lordships, that a bare Marriage-Contract makes a Compleat Marriage, according to the Laws of God, with_out proceeding any farther, in every other Cou_ple that is Marry'd: And the Parties for whom I now appear are said to be compleatly Marry'd, altho' they never came together, because the blessed Virgin and Joseph were compleatly Marry'd, altho' they went no farther than a Mar_riage-Contract, nor ever could go farther, by God's Appointment. My Lords, if such an Ex_ample as this can operate so extensively and strangely, we must give over making Consequences in the way of Reason, and attend to the Dictates of our Spiritual Masters, without exa_mining what it is they say. I do not know what Form of Words the Jews made use of when they were Marry'd; but I know, methinks, that the Form prescrib'd by the Church of England would have been very odd, improper, and absurd, to have been us'd to that blessed Couple, when it describes the Ends of Matrimony to be, First, For the Procreation of Children; Secondly, For a Remedy against Sin; and, Thirdly, For mu_tual Society, Help and Comfort, that the one ought to have of the other. The Sum of all is this, that the Ends of this particular Marriage, which God intended, were fully answer'd, by a Marriage-Contract only; but the Ends of Marri_age in general, as it is God's Ordinance, neither were, nor might be answer'd by such Contract only; and therefore 'tis an absurd unreasonable thing to argue from the Compleatness of the one, to the Compleatness of any other, that may proceed far_ther, and that ought to proceed farther, and is certainly not compleat till it does proceed farther.

Another Argument to prove a Marriage to be compleat, by a Marriage-Contract only, without proceeding to Consummation, is fetch'd from the Law of Moses, Deut. xxii.23. where a Wo_man, betroath'd or espous'd to a Man, is to be Stoned to Death, as an Adulteress, if she admit another to her Bed; which shews that the Vali_dity of Marriage proceeds from the mutual Co_venant and Consent that two have given to be each others.

My Lords, I yield to every Word of this, and to whatever else can be said of the same kind. A Marriage-Contract does certainly give a Right to every thing contracted for. As soon as we are Marry'd I have a Right to her Person, a Right to her Fortune, a Right to her Reputation; and if any one injure her in any of those Particu_lars, I have a Right to her Vindication; for she is really mine, and I am hers: And I own I am as much Marry'd to her the first Morning, and she to me, as I shall be the Morning or Week after, as to all the Ends and Purposes which Hu_man Laws can propose or take any Cognizance of. And if she Abuses any one the Hour after she is Marry'd, 'tis I must answer for it. If she gives away any of her Goods, which are now become mine, why no Body can receive them; I shall recover them, for they are mine. And if she give away herself, (tho' I have never yet come near her) she is certainly an Adulteress; she has given away what was mine, and broken her Faith and Contract, and is liable to whatever Penalty the Laws of the Country think fit to in_flict upon such Offenders. I could moreover answer this Law of Moses by another Law of the same Moses, which sets a Man at liberty from a Maid he was betroath'd to, if she please him not when the Time of Marriage comes. 'Tis in Exod. xxi.8. And the only Difference is, that the Maid betroath'd in Exodus was not free, but a Servant; the Maid betroath'd in Deuteronomy was a free Woman. But tho' this makes a great Difference in the Laws and Customs of a Coun_try, yet certainly 'tis none in Point of Conscience: The Obligation there is alike to Bond as Free, if other Circumstances make no difference. But the answering one Objection with another clears up nothing. I own that the Validity of Mar_riage proceeds from the mutual Covenant. But pray what is this mutual Covenant? Is it not the Consenting and Agreeing of a Man and Wo_man to give to each other the Use and Domi_nion of their Bodies, exclusive of all the World besides, as long as they both shall live? What is it that the Parties Contract for? What is it People Consent to upon these Occasions? I know it is said by Father Ambrose, Connubium non fa_cit Defloratio Virginitatis, sed Pactio Conjugalis. And it was said before him long by Father Ulpian, Nuptias non Concubitus sed Consensus fa_cit. And certainly every Body will say after them, that the Agreement of a Man and Wo_man to lie together, does not make a Marriage. But will St. Ambrose tell us, that a Pactio Con_jugalis (a Marriage Covenant) can be fully an_swer'd without Concumbency, if the Parties live and are not hindred? In truth I will not answer for the Father, who (as the rest of them) had Joseph and Mary always in his Eye: But I will answer for the Civil Lawyer, who, I am sure, would never say a Marriage was compleat that was not, if it could have been, Consummated. Hear what Modestinus says, Nupti� sunt Con_junctio Maris & F�min�, & consortium omnis vi_t�. 'Tis true he was a Heathen Lawyer, but had he also added, that Marriage was ordain'd to be a Remedy against Sin, he had talk'd the Language of our Common-Prayer-Book. For he says it is for the Procreation of Children, (Con_junctio Maris & f�min�) and for mutual Socie_ty, Help and Comfort, that the one ought to have of the other, and taking each other for better for worse, which is but the English of Consortium omnis vit�. Paulus, another Civi_lian, says, that Nupti� consistere non possunt nisi Consentiant omnes, i.e. Qui coeunt, Quorumq; in potestate sunt. There is no such thing as a right Marriage, where there is not the Con_sent of all Parties, i.e. the Consent of the two qui coeunt, and the Consent of Parents or Guar_dians in whose Power and Disposal the young Ones were. All Writers in the World agree, that Consent, Covenant, Contract, (call it what you will) is so necessary to a Marriage, that it cannot be valid without it; but then they also say, that such a Consent is a Consent to answer the Ends of Marriage; that such a Covenant is a Covenant to live together, according to God's Ordinance; and that such a Contract is a Contract for the Use and Dominion of each others Body; which is, in effect, neither more nor less than what St. Paul has said in 1 Cor. vii.3 and 4, which I repeat not, because it is so well known. But they who think a Marriage is a compleat and perfect Marriage, according to God's Ordinance, (for as to Human positive Laws, I contest it not) altho' it never be Con_summated; they I desire may read that Passage, and consider it.

My Lords, there is another slight Objection which I will but just mention, and that is, That the Church allows the Oldest People that are to be Marry'd, and accounts their Marriage good, altho' there is neither hope nor likeli_hood of having Children; and accordingly ap_points the Prayer for that Purpose to be omit_ted and left out; and therefore a Marriage is compleat by Contract only, without any Con_summation.

The Argument, I think, is this, That be_cause a Marriage is a good Marriage which is not Consummated, because it cannot be by rea_son of People's Age, therefore a Marriage is a good Marriage, tho' not Consummated, which yet may be Consummated any Day in the Year. If this be a right Inference, there is no making a wrong one, for one can never make a worse. My Lords, the Church neither does nor can pretend to determine when People are too Old to Marry: It meddles with no such Matters, but leaves every one to their Discretion. She seems to assign three Ends of Marriage, which I have had occasion to mention before; and if the first cannot be answer'd, the second may, and so may the third, tho' the other two should not.

And now, my Lords, I hope I have shewn that the Bill before you is a good Bill; that the Divorce we sue for is very reasonable and just; and that such a Marriage as ours, made at such an Age, with such a Consent as is indeed no Consent, and never Consummated, tho' Fourteen Years since, is such a Marriage as may very innocently be dissolv'd, without any manner of Offence to the Laws of God. And I desire any Man to assign any one Law of God that would be hurt hereby, unless we are made to believe that every Law of the Church, is also a Law of God; which when I hear affirm'd, I shall not want an Answer to it. But I am sure the Laws of God, which are properly so call'd, are to be found in a Holy Book, where nothing appears against us. For as for those Passages which allow a Man to put away his Wife for no cause but that of Adultery, 'tis certain, to a Demonstration, that they refer to Marriages that have been Compleated and Consummated by Man and Wife. And if your Lordships would indulge me so far, I would venture to say, that no Man of common Sense, can read those Passages, and think otherwise. My Lords, he must be a Scholar that can read that Question of the Parisee's, and the Determina_tion of our Blessed Saviour, about Divorces, and conclude after all, that the Marriages there spo_ken of, might be such Marriages as never were Consummated, as well as such as were. 'Tis impossible to mistake so plain a Case, without a good deal of Learning and Study. My Lords, it stirs me to a little Indignation, and gives me a Concern, somewhat beyond my Fee, to hear this Marriage-Contract of ours treated like a Marriage of Fourteen Years standing, where Man and Wife have all along cohabited, and now are weary of each other, and the com_mon Bed, and seeking to your Lordships for leave to look for more agreeable Companions. Why else are all these Places of Scripture brought against our Bill, when not a single Line of them is pertinent and proper to our Case? If they had brought the Scriptures to prove, that a Boy of Fifteen, and a Girl of Thirteen, not born in Paradise, or in the Gardens of the East, but in a cold and frozen Climate of the North, were of Age sufficient to dispose of their Persons for ever, they had done something to the Purpose, for that, my Lords, was our Age. If they had brought the Scriptures to prove, that a Boy and Girl, of the Years aforesaid, repeating a certain Form of Words, after a certain Person, in a Church, between the Hours of Eight and Twelve, had thereby made a Contract that must stand like Fate, and be irrevocable as the Hours that pass'd a Week ago, by any Power on Earth, they had done something to the Pur_pose, for that indeed we did. I have already own'd, we said what we were bid to say; we did what we were bid to do: We should have done a great deal more, and said a great deal more, had we been order'd so: 'Tis not our Fault that we did not give it under our Hands, that our Marriage was Consummated by the Words we repeated in the Church; had we been ask'd to do so, we had surely done it, such was our Innocence, such was our Ignorance! This, my Lords, had been the Point they should have labour'd most to clear; for this they should have brought their Scripture-Proofs, to shew that the Words of a Marriage-Contract, are, by God's Appointment, as soon as ever they are utter'd, of so binding a Nature, that neither the Con_sent of Parties, nor all the Powers that are on Earth, can make them null and void: That it is proper and peculiar to this Contract never to be dissolv'd, tho' nothing but Words has pass'd. All other Promises, I must say again, all other Covenants, all other Oaths, are own'd to be dis_soluble, by the Consent of Parties, where no Injury is done to any Third. The Marriage_Words, it seems, are the only Words in the World that operate like a Charm, and take ef_fect, in spite of all the Reason, and all the new Necessities, that can arise and be urg'd against it; altho' the Parties should not have so much as touch'd each others Lips, nor ever shall. Here Scriptures would have done exceedingly well, and have obtain'd the Reverence and O_bedience that is due to their Authority, had they but shewn that a verbal Contract, made with Solemnity, answers all the Ends and Pur_poses of Matrimony, as it is God's Ordinance; that it is not only previously necessary, both by the Laws of God and Man, to make the Con_junction of Man and Woman innocent, but the verbal Contract is the thing itself, 'tis Matrimony to all Intents and Purposes; and is no more to be dissolv'd, than it had been had the Fruit and Effect of it been half a Dozen Children now presented at your Lordships Bar. There is no End of the Absurdities that arise from treating a Verbal Contract, that has only pass'd the Lips, just as you would a Mar_riage Consummated, and perfectly Compleat; and therefore, tho' I call for their Scripture_Proofs, yet I am well assur'd none can be brought to prove a Point so unreasonable. But to hear them heap up Scripture upon Scrip_ture, to prove, that a Marriage is God's Ordi_nance; that Marriages are sacred Contracts; that by the Laws of Christ they cannot be dissolv'd but for the Cause of Fornication, is, in my humble Opinion, to hear them say no_thing to the Purpose, unless those Scriptures mean that Marriage not Consummated is God's Ordinance; that Marriage-Contracts are sa_cred, altho' the very End and Meaning of the Contract is not answer'd; and that Marriages which Christ there speaks of as indissoluble (except for the sake of Adultery) are such Mar_riages as never were Consummated. In short, if because the Word Marriage is a Word that is common to a Marriage before it is Consum_mated, and also after, therefore what is applicable to a Consummated Marriage, is al_so applicable to a Marriage not Consumma_ted; if this be a Consequence, a reasonable Man will be asham'd hereafter of making Con_sequences. We may as well conclude that, be_cause Caius is a Man, and Titius is a Man, therefore Caius and Titius are one and the same Man. They tell us also, from the Scriptures, that Matrimony signifies to us, the mystical Union there is betwixt Christ and his Church; but let them say it, if they think fit, that Ma_trimony not Consummated does, or can signify this Union: But in this I spare them, and in_deed myself, not daring to speak with any Free_dom on this Subject; and finding I have alrea_dy transgress'd too far, I humbly desire your Lordships to consider, whether there ever was so equitable a Cause of Divorce within the Walls of this House. It is so singular a Case, that it cuts of all your Fears of its becoming an Example; the oldest Lawyer living never heard the like in all respects; nor will the Youngest ever live to see it made a Precedent: But were there Twenty such like Cases now before you, they are so reasonable and just, that they would every one deserve to be re_liev'd by your Lordships; and 'tis below the Dignity of the Legislative Power to be afraid of making Precedents, where there is Reason, and Justice, and Compassion on their Side: To all which we lay as strong a Claim, as ever Parties did that ever were before this House. &horbar FINIS.

|CLA |Y1723 THE SPEECH OF Mr. George Kelly. SPOKE At the Bar of the House of LORDS, ON Thursday, the 2d of May, 1723. IN His DEFENCE against the Bill then depending, For Inflicting Pains and Penalties upon Him. &horbar Quamobrem � vobis, Judices, ant� qu�m de ipsa causa dicere incipio, hoc postulo. Primum id quod �quissimum est, ut ne quid huic pr�ju_dicati afferatis. Etenim non modo authoritatem, sed etiam nomen judicum amittemus, nisi h�c ex ipsis causis judicabimus, ac si ad causas, judicia jam facta domo, deferemus.Cic. pro Cluentio. &horbar &horbar LONDON: Printed for A. MOORE, near St. Paul's. MDCCXXIII. [Price One Shilling.] THE SPEECH OF Mr. George Kelly.

My LORDS,

SINCE my Council have so fully answered every Article alledged against me, it may seem unnecessary to take up Your Lordships Time, by saying any thing for my-self. And, indeed, it would be so, if my Charge were Ordinary or Particular.

But, my Lords, I have been represented as a Person doubly guilty; First, In transacting Treason for my Self: and, Secondly, In doing it for other People.

These are Crimes of the most heinous Nature; And if they were as clearly proved, as they have been strongly asserted, I should justly merit Your Lord_ships highest Displeasure, and all the Pains and Penalties that You could possibly inflict upon me.

And since my Charge is so very Extraordinary: Since these Proceedings seem to be without any Precedent; and, That the Innocence of other Persons calls upon me for Publick Justice;

I believe Your Lordships will easily allow, That to be silent, in such a Case! would be truly Criminal, and but too justly Censured.

To enter into all the Particulars of my Accusation, would, I fear, take up more Time than is reasonable for me to ask, or for Your Lordships to allow: And though the many Inconsistencies, Contradictions, and false Conclusions which appear in almost every Page of the Printed Reports, plainly shew, The Weakness, Absurdity, and Sophistry of them; however, I shall only beg Leave to touch upon those material Parts, which relate to my-self, and my Defence to them.

And the First Article which I find my-self charged with, is, The Employing of one Neyno to draw up Three Memorials to the Regent of France, to solicite Foreign Forces to invade this Kingdom.

And for Proof of this, the Examinations of the same Person, which are neither upon Oath, nor so much as Signed by him (and whom the Committee of the Honourable House of Commons have represented as a very infamous Fellow) are the only Evidence assigned against me.

This, my Lords, is the Crime! and This is the Proof!

And though the bare mentioning of it, might be sufficient to convince Your Lordships of its Weakness; however, since so great a Weight has been laid upon this Kind of Evidence in another Place, it will be necessary to be a little more particular about it.

The Two first of these Memorials (Viz. Those before and after the South-Sea Scheme) are but slightly mentioned: But the One pretended to be drawn up in December, 1721. (and containing a Demand of 5000 Men) and a Letter said to be written the March after (to amuse the Government into a false Security) are the chief Things upon which any Stress is laid.

And, how False both these Allegations are, has, I don't doubt, evidently appeared to Your Lordships. For,

Had my Accuser been really employed to draw up any such Memorials, it is reasonable to believe, that he would have kept Copies of some, and especially of the Last of them; since a Person who turned Informer so suddenly after, may very well be presumed to have had Thoughts of it for some Time before; and such Papers would, no doubt, give great Weight to his Information.

But the Ministry have produced no such Copies; neither do they pretend to have them: Which is a very great Indication, that there never were any such Memorials at all.

Besides, There are no Two of his Examinations of a Piece. Nay! he contra_dicts himself in almost every one of them. For,

In his Second Examination, he says, That these Memorials were all drawn up by the Order of one Henry Watson (whom he really did not know, but took to be the late Earl Marishall) without making the least Mention of me.

In his Third Examination, he says, They were delivered to me and Watson; And in his Fourth, he says again, They were all drawn up by the Order of Henry Watson Only. And, in a few Lines after, contradicts himself, and says, That the Heads of them were given to him by me and Watson: Which are such Inconsistencies, as (Your Lordships will easily grant) are not to be reconciled: And if his Memorials were no better drawn than his Examinations, I believe, they were not likely to meet with any great Success.

As to the late Earl Marishall, how reasonable it is to believe, that a Person in his Circumstances should venture to come into England, and live so openly here, as to intrust himself, and a Secret of this Nature, to a Fellow, who (by his own Con_fession) did not know him, is humbly submitted to Your Lordships.

And as for my Part, it is very plain, that I could have no Hand in them, since the Minutes in my Pocket-Book (in which I could have used no Disguise) agree_ing with the concurrent Testimony of several Witnesses, plainly shew, That I was not in the Kingdom at the Times in which my Accuser pretends to have been so employed.

For, by those Minutes, and their Testimony, it appears, That I went to France the 23d of November, 1721. and did not return 'till the latter End of the next Month; And my Accuser himself owns, in his First Examination, That he did not see me after my Return, 'till the January following; which makes it im_possible, That he could have been so employed by me in December, since I was most part of that Month out of the Kingdom; and the few Days of it that I was here, he owns, he did not see me.

Nor has the other Part of his Information relating to the Letter (which he pretends to have drawn up in March) better Grounds &horfill; For, by the same Minutes, and by the same Evidence, it likewise appears, That I went to France the 22d of February after, and did not return 'till the middle of April, which makes it as impossible, that he could have been employed by me in March, since I was then likewise out of the Kingdom.

Had this Examination been taken at any Distance of Time, it is possible he might be mistaken in it; but his first Information must have been about the middle of April, soon after my Return from France; For he confessed to the Per_son taken up with him at Deal. That he was the First who set the Ministry upon intercepting Letters. And the first Letters so intercepted, are owned, in the 42nd Page of the Report made to the Lower-House, to have been the 22d of April, 1722. &horfill; And, surely, he cannot be supposed to have forgot so soon, what hap_pened the very Month before; especially, since he has been so particular; as to name the very Day, (Saturday) upon which he says this Letter was so drawn up.

By all which it plainly appears, That this Article is not only Groundless, but evidently False; and likewise, That he had no such Intimacy with me (as the Report pretends) since he has declared, That I never spoke to him of the Con_spiracy; And that I could be a Month at one Time, and Two Months at another, out of Town, without his knowing any thing of it.

As to what is said to his coming sometimes to my Lodgings, I believe it may be true; but it has been fully proved, That his Visits were never to me, but al_ways to another Person, who lodged in the same House.

And, I do solemnly affirm to your Lordships, That I never was acquainted with the late Earl Marishall, or with any such Person who went by the Name of Watson; That I knew very little of my Accuser; so little, That I am confident I never spoke to him Ten times in my Life; nor ever employed him in this or any other Affair whatsoever.

The Second Article Charged upon me, is, The carrying on of a Treasonable Cor_respondence for the Bishop of Rochester.

And, for Proof of this, The Examination of the same Person is the only Evi_dence produced against me, wherein he says, That I frequently told him, the Bishop was concerned in such a Correspondence; and that I managed it for him; with other Particulars not worth mentioning to your Lordships.

How reasonable it is, that I should tell such a strange Untruth to a Person that I knew so very little of; and what Credit ought to be given to his bare Asser_tion, who has affirmed such Gross and Notorious Falsehoods in the former Article, must be submitted to your Lordships.

And, in my present unhappy Situation, I cannot but think it a very great and singular Happiness, to have so Publick and Honourable an Occasion of purging myself from so vile a Calumny, and of doing Justice to that most Worthy and Learned Prelate.

And I do solemnly declare to your Lordships, upon the Faith of a Christian, That I never wrote or received a Letter of any kind for the Bishop of Rochester, or was privy to any Correspondence of his at Home or Abroad: That I never shewed him any Letter that ever I wrote to France, or ever sent one there by his Privity or Direction: That I am very little known to his Lordship; went very rarely to wait upon him; so rarely! That I am confident few of his Servants know either my Name or Face; and have not seen him above Three or Four Times these Two Years past, and not above Eight or Ten Times in my whole Life.

I do farther declare, That my Visits to his Lordship were always Publick; That I never went privately in a Chair to his House; always found other Company with him, who were generally Strangers to me; and never once mentioned his Name, upon this or any other Account, to the Person who has thus accused me. Which, with the Evidence that has been produced of his own Confessions to that Purpose, is, I hope, sufficient to convince your Lordships of the Truth of it.

And as for the Dog, which has been brought as a Circumstance to prove this Matter, I do, in the same solemn Manner, declare, That he was given to me by a Surgeon at Paris (whose Affidavit has been offered to be produced) and who at that Time, I do verily believe, never heard of his Lordship's Name; And that he never was designed for any body but the Person I gave him to.

And I appeal to the very Ministers themselves, if the British Resident at Paris, (who is constantly attended by that very Surgeon, and examined him about it) has not confirmed the Truth of this Account to them.

I do farther affirm, That the Bishop of Rochester never saw him; Never re_ceived any Letter or Message by me, nor (do I believe) by any other Person about him: Neither did I ever know or hear, That his Lordship had any Inter_course or Correspondence with the late Earl of Mar, or any other disaffected Person Abroad.

My LORDS,

It cannot be imagined, that I have any particular Interest or Concern in this Matter; for I never received any Favours from his Lordship; neither do I owe him any Obligations, but those of Common Justice: And those I should perform, where I have so much Truth of my Side, to the greatest Enemy I have upon Earth.

As for the other Circumstances which are brought to strengthen my Accuser's Examinations, and are set forth in one Pancier's Deposition. They will appear, I don't doubt, as Groundless and Inconsistent as the Examinations themselves.

For, This Person swears, That another told him of this Conspiracy; That Six or Eight Battalions or Irish Forces were to come from Spain to assist the Con_spirators. That 200,000l. were raised, and 800 Men regularly subsisted for this Purpose in London.

These, My Lords, are called, in the 38th Page of the Report of the Lower House, The Concurrent and Corroborating Proofs of my Accuser's Examinations: And I humbly appeal to your Lordships, if any one of them carries the least Colour of Reason or Probability with it. For, can it be imagined, That such a Force should come from Spain, when there appears to be so strict a Friendship be_twixt the Two Kingdoms? Or, That 200,000 l. could possibly be raised among all the Disaffected in England, in Case there was a License for it? Or, 800 Men regularly subsisted in this City, without a Discovery?

These are such idle, inconsistent Tales, as (I am persuaded) can never have any Weight with your Lordships.

Besides, my Lords, this is only bare Hear-say; And if the Hear-say of such Infamous Persons (or, indeed, of any Persons) be look'd upon as sufficient Evi_dence, I believe, no Man in England can be sure of his Life or Liberty an Hour, since any Two People may talk him into High-Treason whenever they please; and the greater the Person is, the greater his Danger always will be.

The Third Crime which I stand charged with, is, The Writing of Three Trea_sonable Letters for the Bishop of Rochester supposed to be for the Pretender, the late Earl of Mar, and General Dillon, which Letters are said to have been sent by me to Mr. Gordon at Bologne, with Directions to be delivered to one Mr. Talbot.

And, For Proof of this, the Clerks of the Post-Office are produced, who swear, That those Letters were (to the Best of their Knowledge)written in the same Hand with an Original which was stopt as a Specimen of it: Which Original has been sworn by Two Persons to be my Writing, and, consequently, those Letters must be so too.

My LORDS,

These Letters are dated the 20th of April, and the Specimen so stopt, the 20th of August; Just Four Months after.

And how it is possible for People (who receive such a Number of Letters) to swear to a Likeness of Hand, at such a Distance of Time; and what Weight ought to be laid upon this kind of Evidence; or upon that Modern and Mysterious one given by the Decypherers, in which they don't pretend to a Certainty themselves, must be submitted to your Lordships.

And as to the Persons who have Sworn to my Hand, I hope it will be consi_dered, That one of them is a Messenger, who never saw any of my Writing, but the Superscriptions of a few Letters, which (your Lordships may easily see) do not bear the least Likeness with what he has sworn to.

Besides, this very Person was turned out of his Employment upon my Account, and a few Days after he gave this Evidence in the House of Commons, I saw a Paragraph in the News-Papers, that he was restored to it again.

And as to the other, it is to be hoped, That it will be likewise considered, That he is a Servant, who attended me only about Three Weeks, and was turned off for an Infamous Action, which he has acknowledged himself to have been guilty of: Be_sides, he has confessed, That he never saw me write, but as he went backwards and forwards in the Room; and at such a Distance, as not to be able to distinguish one Character from another: And it has been proved by Two Witnesses, (on of which was a particular Friend of his own) That he declared, He never knew any thing of my Hand; but was Threatned by the Secretary of State into the Affidavit which has been Printed to that Purpose in the Appendix.

And if that Paper had been my writing, it is impossible they could be reduced to a Necessity of making use of such improper Evidence, since no Pains have been spared to procure better; since Numbers of People have been taken up, confined, and examined to this very Point; and Newgate sent to, more than once, for Wit_nesses to it.

And though it might be proved by the very Report of the Lower House, That those Letters could not have come from the Bishop of Rochester; however, my Business is only to convince Your Lordships, That I was not the Writer of them, and of this, I believe, it is impossible to give clearer Proofs than I have done: For if those Letters had been dictated to me the Twentieth of April (as the Report pre_tends) it must have been at his Lordship's House in the Country; since it appears by the Deposition of his Coachman, that he went there the 12th of that Month, and did not leave it till the 5th of May.

But it has been proved, that I was in London ALL that Time; and if it had been permitted, there is not a Person in the Bishop's Family, but would testify, That I was not then at his House in the Country; and, consequently, could not have written any such Letters for him.

Besides, I have brought several Persons of Credit and undoubted Characters, who have all testified, That the Hand in which those Letters are said to be writ_ten, is not mine, nor any thing like it.

An Affidavit has been produced from Mr. Gordon, that he never received any such Letters from me, nor ever had any Correspondence, or even an Acquaintance with me.

And it has been likewise proved, That Mr. Talbot, to whom those Letters are said to be delivered by Mr. Gordon, was in this Town the very Day upon which they are said to have been delivered to him at Bologne: And if I had any such Letters to transmit, can it be imagined, that I would trust them to the Common_Post, when I had so good an Opportunity to send them by, or direct them to Bologne, when the same Post might as well have carried them to Paris.

These are such full, such evident Proofs, as, I hope, cannot fail of giving Your Lordships the utmost Conviction in this Matter; and, consequently, that this Arti_cle is, like the rest, both Groundless and manifestly False.

But, if any Credit is to be given to the Confessions which my Accuser made to the Person taken up with him, it is very plain, that those Letters must have come from another Quarter; and, to say no worse, were at least calculated to carry on his own base and villainous Designs.

For it has been proved to your Lordships, that he Confessed to have been em_ployed by one of the Ministers, received 300l. from him, and was to have 2000l. more.

That this Minister declared a Personal Prejudice, upon some private Account, to the Bishop of Rochester; was resolved to pull down the Pride of that Haughty Prelate, and to squeeze me (as I think the Expressions were) to that Purpose.

My Lords,

I say, if any Credit is to be given to this Confessions, there can be no great Difficulty in tracing out the Source of this Part of the Conspiracy; and I am heartily sorry to say, That there are some Circumstances which seem to give but too great a Countenance to the Truth of it.

For, my Lords, He made this Confession at a Juncture when he may very well be supposed, to have spoken in the Sincerity of his heart; when he saw his Villainy detected; believed himself to be in the greatest Danger, and depended upon the Person's Assistance (to whom he made it) to help him out of his Misfortunes. &horfill; And how particular this Prosecution; is, and how sufficiently I have been Squeezed, are Things but too visible, and too well known to the World.

Besides, the very Cypher by which those Letters were written, (and which he owned to have received from that Minister) was actually caught upon the Person to whom he gave it; and he confessed, That he put a Paper of Directions into one of my Drawers, by which (the Report says) most of the Treasonable Letters were Addressed.

And it has been proved to Your Lordships, That those Drawers were constant_ly open, and that he made some Pretext for being alone in my Lodgings, the very Night before I was first taken up.

And since he was the first that set the Ministry upon Intercepting Letters, which he said were mine; it is very extraordinary, that such a material Part of his Evidence should be omitted in his Examination; or, that the very first Letters so intercepted, should be those alledged against the Bishop of Rochester: And if the Originals of those Three Letters were stopt, I don't at all doubt, but they might be proved to be my Accuser's own Hand-writing.

And how strong a Sense he had of his Guilt, by attempting an Escape, which proved fatal to him, and how visibly the Hand of God has interposed in that Emi_nent Prelate's Favour, by taking one of the Persons (designed for his Destruction) out of the World, and giving the other Grace and Virtue enough to withstand all Temptations to his Prejudice, are Things highly worthy of Your Lordships just and most serious Consideration, and no small Indication of his Innocence.

And as to the Money which my Accuser owned to have received; That there was a very sudden and extraordinary Change in his Condition; That, from the lowest State of Poverty and Want, he soon arrived to that of a Vicious and most Profligate Affluence, is a Truth sufficiently known to all those that were acquainted with him.

But from whence this Change proceeded, or what real Grounds he had for aspersing that Honourable Person, I will not pretend to say: But if those Aspersions be false (as I wish they may) it may be justly inferred, That a Fellow who was capable of vilifying one Person, may very well be judged as capable of doing so to another: And if his Veracity is not to hold good in one Case, there can be no Reason for allowing it in the other.

The Fourth Crime alledged against me, is, A Number of intercepted Letters, supposed to be written to and received from the late Earl of Mar, General Dillon and other Disaffected Persons Abroad.

And for Proof of this, A Frenchman has been produced, who swears, That he once saw me take up a Letter at Burton's Coffee-house, by the Name of Baker, which Name (it is said) some of the Treasonable Letters were addressed by; and was, in a Paper of Directions, found in my Lodgings. &horfill; How that Paper came there, has been already proved to Your Lordships.

And as to the Person who has swore to this Particular, I must observe, That when he gave this Evidence to the House of Commons, he did not know me, tho' he spoke to me, and look'd several times earnestly at me; and for the Truth of this, I can appeal to most of the Members of that Honourable House, who were Wit_nesses of it: And he would still have probably continued in his Ignorance, if some private Hints, (as I have been told) were not given him, or the same Method taken which has been done with a Number of other strange Fellows, who were frequent_ly sent to the Tower, and had no other Business but to take a View of me.

Besides, the People of the Coffee-house have testified the contrary, and that no such Letter ever came to their House. And tho' it be set down in my Examination before the Council, that I confessed to have taken up such a Letter, I humbly appeal to my Lord Chancellor (if it can be worth his Lordship's While to recollect it) If he did not ask me that very Question two or three times? And if I did not as often deny it? Neither is this the only Particular that is falsely set down in that Examination. And I do solemnly affirm to Your Lordships, That I never did receive any such Letter, nor ever saw that Paper of Directions, 'till it was Printed in the Report.

And there is one Circumstance pretty Remarkable in this Correspondence, That as it began with my Accuser's Information, so it ended with his being taken up. For immediately after a new Correspondence is pretended to be discovered; and to fix this likewise upon me, it has been suggested, that I sent Cyphers by Sir Harry Goring to France, and had Letters directed by them to Sturgess's and Slaughter's Coffee-house.

But, my Lords, no such Cyphers were found in my Custody, nor any Papers relating to such a Correspondence, and the People of those Coffee-houses have all sworn, That I never Ordered any Letters of that kind to be taken in, or received one, either by my own or any other Name from them. Nay! one of them has sworn, That no such Letters ever came to his House at all; and the other says, That a Messenger from the Secretary's Office, was the only Person that ever called at his House for those directed to it.

And as to the Printed Examination of one Mr. Caryl, to this Purpose, it were to be wished, That this Gentleman's Reasons had been published, as well as his Accu_sation.

For I am confident, he will not pretend to say, That ever he saw me write a Line in his Life, or give a Piece of Paper of any kind to Sir Harry Goring; and what Reason he could have for believing that we settled a Key for such a Cor_respondence, is very extraordinary: Nor have the other Particulars which he has affirmed, the least Foundation of Truth; For I do solemnly aveir to your Lord_ships, That I never saw Sample in my Life, or gave Captain Bonin any such Letter of Recommendation: Neither had I ever the Honour of speaking to my Lord North and Grey, or of being any ways known to his Lordship; and that I should mention him so familiarly by the fictitious Name of Johnson, (and which, of all Names, I should never make use of in that manner) will, I hope, appear very incredible to Your Lordships; especially since Mr. Caryl himself has furnished so good a Reason for the Disbelief of it.

For he has likewise affirmed, That my Examination before the Council was read at Doctor Yalden's House: The Doctor has indeed already done me Justice in that Point; and Mr. Tucker (who was all the while in Company) will, I am very sure, do the same.

And since Mr. Caryl appears to be so plainly mistaken in this Particular, surely he may very well be supposed to be so in all the rest, especially since he has not assigned the least Reason for any of 'em.

As to the rest of the intercepted Letters, the People of the several Coffee-houses have likewise cleared me from them; and all testify, That they never delivered me any such Letters, or received any Directions from me about them; which, I hope, will be sufficient to convince Your Lordships, That I was not concerned in any such Correspondence, especially since no Letters of this kind were found in my Possession, nor any other Papers relating to the Conspiracy.

There are two other Crimes, in which I most humbly crave Your Lordships Pati_ence to be heard, because they are the blackest that can be imagined, and seem to be Personal.

The First, is a Letter directed to Mr. Gordon at Bologne, with two Affidavits, which have been Printed, and are suggested to be sent by my Directions, in order to have him and one Birmingham perjure themselves upon my Account: &horfill; For in this Letter it is said, That the Inclosed is a Copy of a Note from the Person concerned, with what he thinks requisite.

My Lords,

This Letter is dated the 20th of March, at which Time, and for Five Months before, I never was allowed the Use of Pen, Ink, or Paper, or the Liberty of seeing any Person that could possibly have conveyed such a Note for me; for I have been guarded in a different Manner from other People in the Tower: My Warders were put into the very Room with me, and ordered never to stir a Mo_ment, Night or Day, out of it; which Orders they punctually obeyed, and were constant Witnesses to all my Actions.

And those Warders will depose, That, they believe, it was impossible for me to have written or sent out any such Directions; and the Officers, I don't doubt, will do me the same Justice.

And when my Solicitor was admitted, finding that Mr. Gordon's Affidavit might be of use, if allowed as Evidence, a Person was immediately dispatched, and who brought it in a different Form from those which have been Printed. And my Solicitor can testify, That no Draughts were sent by him; which, with the gross Management of the Persons concerned in this Affair, is, I hope, sufficient to give your Lordships the clearest Conviction of my Innocence in it. And I do solemnly affirm, That I never knew any Thing of them; never heard of the Name of Akenhead before; nor can I find out any Person (besides the Master of that Vessel) that ever did.

The other Crime is set forth in one Levett's Deposition in the Report made to this most Honourable House: Wherein (among a great many other most noto_rious Falsehoods) she swears, That one Mrs. Barnes told her, That I was instru_mental in, or privy to the shutting up of a Person in a Dungeon, for Fear of his turning Informer; and not only of him, but of 200 more upon the same Account. Which, I believe, is the most surprizing Crime that ever yet was alledged against any Christian.

Mrs. Barnes denies every Syllable of this Conversation; and if the Person that swears this against her, had been produced, she would be proved to your Lord_ships, to have been a vile infamous Creature all her Life. And if she is to be believed, or that your Lordships can think it possible there can be the least Truth in her Deposition, it will be a Sin to let me live, and impossible to find out a Punishment too Cruel for me.

These, my Lords, are the Chief Crimes which I am charged with; and very great ones they are, had they been in any Degree made out against me.

I am a Stranger to the Methods of Legal Proof, but have been told by my Council, That the greater a Person's Crime is, the clearer the Evidence ought to be against him; and how weak and insufficient the Proofs produced for this Purpose are, and how clear and convincing those which have been offered in my Justifi_cation, has, I hope, evidently appeared to your Lordships, and given you intire Conviction of my Innocence; and that all the Crimes alledged against me, are without the least Colour or Foundation of Truth.

But how much I have suffered for these supposed Crimes; and what extraor_dinary Means have been made use of against me, are Things much worthier of your Lordships Judicial Consideration.

To be taken up and held to exorbitant Bail, without ever assigning any particular Crime against me; To suffer a Long and Close Confinement, where the Ex_pence bears no Proportion to my Circumstance:

To have Numbers of People, and some of them, Creatures of the meanest Rank and Condition, taken up, examined, and tampered with upon my Account; and Newgate sent to for Witnesses:

To have a Servant (who was turned off for his Ill-Behaviour) brought as an Evidence; and my most intimate Friends Imprisoned for not swearing against me; Are Hardships and Proceedings, I believe, hitherto unheard-of in England; and such as, I hope, your Lordships will, in your great Wisdom and Justice, think fit to redress. All which is of a Piece with an infamous Offer made to myself by one of the Under-Secretaries of State, who, the Morning after I was first examined, came to me with a Message (as he said) from one of his Superiors, to let me know, That I had now a very good Opportunity of serving myself; and that he was sent to offer me my own Conditions.

And when I declared myself an intire Stranger to the Conspiracy, and was sorry to find that Noble Lord have so base an Opinion of me, he seemed to wonder, that I would neglect so good an Occasion of serving myself, especially when I might have any Thing I pleased to ask for.

What Authority that Person had for this Message, or the rest of his After_Proceedings, I will not pretend to say: But as I have been Ruined and utterly Undone by them, I hope your Lordships will take my Sufferings, as well as Cir_cumstances, into Your Consideration; and, instead of Inflicting any farther Pains or Penalties, look upon me (as I really am) a Person highly Injured, and not a Criminal concerned in any Transactions against the Government.

As for my Circumstances, they are but too well known in the World.

And here I cannot omit my Gratitude to the late and present Constables of the Tower; for the late Constable (though I never had the Honour to see his Lord_ship) was, upon a Representation of my Circumstances, so very good, as to pro_cure me the Promise of an Allowance from the Government; and his Lordship, the present, has been so kind as to get it paid: But the Officers of the Place can testify, That this Allowance has not been converted to any Private Use of mine, but constantly given to the Persons appointed to attend me. And I must take Leave to assure your Lord_ships, That it has cost me more since I was sent there, than the Government have now left me really worth in the World; and I must suddenly become a Sacrifice to my Necessities, if not set at Liberty by your Lordships great Clemency and Compassion.

If I have dropped any Expressions which may not be so agreeable to some particular Persons in Power, I could wish that my Defence had not laid me under that Necessity: And I do solemnly protest, That they have not proceeded from any Resentment for my Sufferings; but from a Sincere Endeavour to give your Lordships the clearest Conviction of my Innocence. And since I could not merit their Favour, I shall always endeavour to preserve their good Opinion.

As to the Legality of these Proceedings, and the Danger of making Precedents of this Kind, those are Things which have been already fully set forth by my Council, and must be submitted to the great Wisdom and Jurisdiction of this most illustrious Assembly: An Assembly! which is not only the Highest and most Honou_rable, but the Uprightest and most Impartial, I believe, upon Earth; and whose Justice has ever appeared as extensive as their Power.

The great, and, indeed, the only Argument which I have heard offered for the passing of this Bill, is, That the Occasion is Extraordinary; That your Lordships are in your Legislative Capacity; and though the Proofs may not be so legal, however, In Terrorem, it is necessary to pass it.

But I humbly beseech your Lordships to consider, Where the Extraordinariness of this Occasion lies? &horfill; Has there been the least Commotion in my Part of the Three Kingdoms? Or any Person injured in his Liberty or Fortune, besides those who have been so unhappy as to fall under this Suspicion?

Or, Is this Occasion more Extraordinary than when there was a Publick Insur_rection in the Kingdom? And when the Persons concerned in it, were tried by the Common and Ordinary Courts of Justice?

And because your Lordships are vested with a Supreme Authority, and not tied up to the Common Forms of Law, can that be a Reason for your acting directly contrary to it? And to suppose your Lordships capable of doing so, was not, I must say, so becoming an Argument to have been offered upon this Oc_casion.

And to have a Session, which opened with so mild, so gracious a Speech from the Throne, end in such an extraordinary Manner, must surely be very contrary to the Design and Intention of the Throne at that Time; and is, I hope, so still; especially, since no intervening Accidents have happened to ruffle the Quiet and Tranquility of the Kingdom.

My Lords,

The First extraordinary Bill that, I believe, ever passed in England was that of the Earl of Strafford; and how much Personal Prejudice was in his Prosecution, and how fatal that Bill proved in its Consequences, I need not mention, since the Royal Martyr himself has, in his dying Words, called it, An unjust Sentence, and imputed all his Misfortunes to it. And,

Pray, my Lords, why was that Sentence Unjust, but because it was not sup_ported by Law? &horfill; And, to the Eternal Honour of this House be it said, That when the Proofs upon his Tryal were not found Legal, They refused to find him Guilty.

But when this Extraordinary Method was taken, and the Torrent of the Times bore down their usual Justice, then the Flood-Gates of all those Miseries were opened, which overwhelmed and sunk the Constitution: And of which, some of Your Noble Predecessors had so strong and lively a Sense, as to declare, in this very House, That they would be sooner torn in Pieces, than come into such Illegal Proceedings; And so fell a Sacrifice to the Love and Laws of their Country.

To which I shall only beg Leave to add One Observation, that, I am sure, is but too well known to that Right Reverend Bench: &horfill; "That of all the Prelates who advised his Majesty to the Passing of that Fatal Bill, not One of them escaped the Violence of those very Persons whom they endeavour'd to oblige by that Advice.

These, my Lords, were the Unhappy Effects and Fatal Consequences of One Extraordinary Bill: And what those of Another may prove, the Great Director of All Things only can foresee!

Many are the Arguments which might be brought to shew the great Injustice, as well as Inconveniencies of these Laws in particular: But as my Liberty can be of no great Moment to the World, I shall only beseech Your Lordships, Not through me, to give a Wound to the Constitution, which, perhaps, may not so easily be cured.

The great Characteristick which distinguishes England from the rest of the Neighbouring Nations, is, the Excellency of her Laws, of which Your Lordships are the Great Guardians: And if you suffer those Laws to be broke in upon, and render Life or Liberty so precarious, as to be affected or taken away, by every idle Hearsay, that Excellency must soon disappear, and the Best Form of Government now upon Earth, consequently, sink into Anarchy and Confusion.

My LORDS,

The Words of my Bill are very severe, and do not bear the least Proportion to the Proofs which have been produced against me: And I humbly hope, That my pass'd Sufferings will be look'd upon as a sufficient Punishment; especially, since it is not pretended, that I have transgressed any Law yet in Being.

I propose no great Happiness in this Life, and would willingly avoid as much Misery as I could; And must therefore humbly beseech Your Lordships, To look upon me as a Stranger in Your Kingdom, and a Person (as I really am) Inconsi_derable in my-self; and, consequently, incapable of doing the least Prejudice to any Government.

For my Behaviour, I am willing to give the Best Sureties that I am able: But if that be not approved of, I hope Your Lordships will give me Leave to retire to some other Part of the World, where I may enjoy my Poverty with Freedom.

But, let my Fate be what it will, I shall ever pray for Your Lordships Particular Welfare, as well as the General Prosperity of the Kingdom.

And so resign my-self, with the utmost Humility, to Your Lordships great Cle_mency, Justice, and Compassion.

FINIS. |CLA |Y1738 REMARKS ON THE TRIAL OF John-Peter Zenger, PRINTER of the NEW-YORK Weekly Journal, Who was lately Try'd and Acquitted for Printing and Publishing TWO LIBELS Against the Government of that PROVINCE. &horbar &horbar LONDON: Printed for J. Roberts in Warwick-Lane, MDCCXXXVIII (Price One Shilling.)

Preface.

THE following Remarks were written by two Eminent Lawyers in one of our Colonies in Ame_rica, immediately after the Publication of the Trial of Mr. Zenger, which it seems had been industriously spread over that Part of the World, before it reached England.

As the Doctrines contain'd in that Trial, or rather in the Speech of Mr. Hamilton, are of so new a Cast, and so absolutely contradictory to all the Resolutions and Judg_ments that have been settled and established for so many Ages, and by Judges of the highest Reputation, and most unquestionable Characters, for their Integrity, Virtues and Abilities, it could not be imagined so wild and idle an Harangue, could have had any Weight, or have met with any Reception here, where the Laws relating to Libels have been so often canvass'd, and are generally so well understood; and therefore the Person to whom these Remarks were sent, never thought of making any other Use of them than to satisfy his own Curiosity, and that of his Friends.

But seeing, to his great surprize, that this extraordinary Declamation has been mentioned with an air of Applause and Triumph in the Paper called Common-Sense, as stri_king out some new Lights with regard to the Doctrine of Libels; and upon the credit of that recommendation (as it is to be presum'd) the whole Trial, not only twice printed here, but retailed out in Scraps in the Publick News-Papers, whereby many well-meaning People may be deceiv'd and led into wrong Notions concerning the Laws of their Country in this Point: He has thought fit to commu_nicate these Re_marks to the Publick, in order to remove any Mistakes or Errors that Persons may fall into for want of an adequate Judgment in these Matters; and the rather, because if such false Opinions should happen to in_fluence the Conduct of Practice of any, the Consequences may be very dangerous, it being an establish'd Maxim in our Law, that neither Ignorance nor Mistake, is an Excuse to any one who has broke it, from the Penalty of it.

REMARKS ON THE TRIAL OF John Peter Zenger, Printer.

SIR,

IT has been a common Remark among those who have observed upon the capricious Dispensations of Fortune, that great Events are often produced by Instruments that are not seemingly adequate; nay, that the same apparent Causes have quite contrary Effects; and the Road that leads one Man to Wealth, Honour, and Power, sometimes carries another to Pover_ty, Infamy and Ruin. Hence comes that confused Distribution of Axes and Coronets, Halters and Ribbons, which History dis_plays by numerous shocking Examples; and thus it is, that Fate seems to play at Cross_purposes with Mankind; or to speak in Scripture-phrase, in this Sense as well as many others, the Wisdom of this World is Foolishness.

I find myself drawn into these grave Re_flections, by reading the Trial of John Peter Zenger, at New-York, upon an Information for Printing and Publishing a Libel. This Piece, it seems has been lately printed there, and was put into my Hands, t'other Day, by a Friend who has both a general Ac_quaintance and a Correspondence with the Northern Colonies, as a rare Production, containing many Things new and surpri_sing. And in Truth I must say it affords a lively Specimen, in Miniature, of the Justness of the fore-going Remarks. I mean that Part of it which is attributed to Andrew Hamilton, Esq; of Philadelphia, Barrister at Law; together with the Sequel, describing the munificent Behavior of the Citizens in Common Council assembled, to the learned Gentleman, for his singular Performance on that Occasion.

I must at the same Time assure you, that if Zenger's Trial had been printed by Order of the Court that tried him, or from a Copy taken by a private Hand at the Trial, or by any other Means that excluded Mr. Hamilton's Approbation or Privity, I should have enjoy'd my own Opinion, with_out troubling you or any body else about it, and had the Charity to resolve all the Ex_travagancies that occur throughout his De_clamation, into a right Discernment of the People he talk'd to, and a Dexterity in cap_tivating them, which had its Effect in the acquittal of his Client. But when a Gentle_man of the Bar takes the Pains to write over a long Discourse (he being the only Lawyer of either side who gave the Printer his Notes) in order to send it abroad through the World, as a Specimen of his Abilities, Sentiments and Principles; as a solemn Argument in the Law, fit to see the light and abide the Test in all Places; and, above all, as a Task of Duty, which he thought himself bound to perform, even by go_ing to the utmost Parts of the Land for the Purpose; and all this, without Fee or Reward, under the Weight of many Years and great Infirmities of Body: Zeng. Trial, P. 29, 31, When a Barrister, I say, thus becomes a Volun_teer for Error, and presumes to obrude bad Law and false Reasoning upon the Sense of Mankind, because the sage Magistrates of New-York have put their Seal to it; I think my self at Liberty without using any other Apology, to exercise the judging Pri_vilege of a Reader, since the Gentleman himself has put me into the Possession of it.

In doing this, I shall not in the least gra_tify a vain Itch of Writing, for there are no extraordinary Talents necessary for refuting gross Absurdities; but I shall have the honest merit of endeavouring to undeceive such of my Fellow-Subjects in the Plantations as may, from the late uncommon Success of the Doctrine, mistake the Liberty of the Press for a Licence to write and publish in_famous Things of their Superiours and of all others, at their Pleasure, provided they write and publish nothing but what is true. In the next place, I would preserve, as far as I am able, the Dignity of the Profession of the Law in these remote Parts of the British Dominions; and prevent its learned Pro_fessors in England, who probably will see the renowned Piece above mentioned (if we may judge from the industry used in dispersing it) from suspecting that all their American Brethren use the like Arts to gain Popularity and honourable Rewards. The former, having the Advantage of going daily to the great School of Law at Westmin_ster, are already apt enough to think meanly of the Accomplishments of the latter who are far removed from Instruction; and their Opinion must be strongly confirmed in this Respect, if such a Rhapsody as was utter'd at New-York, should not only be applauded and rewarded publickly there, but printed and scatter'd in Reams through the other Colonies, without being followed by a sui_table Animadversion.

Neither will it be amiss to take some Notice, in this Place, of the Quackery of the Profession in general, without any particular Application, as it has been practised with vast Success in some of our Colonies. You will often see (if common Fame may be trusted) a self-sufficient enterprising Lawyer, compounded of something between a Po_litician and a Broker, who making the Foi_bles of the Inhabitants his Capital Study, and withal taking Advantage of the Weakness of his Judges, the Ignorance of some of his Brethren, the Modesty of others, and the honest Scruples of a third Sort (without having any of his own) becomes insensibly an Oracle in the Courts, and acquires by Degrees a kind of Dominion over the Minds as well as the Estates of the People. An Influence never to be obtained but by the Help of Qualities very different from Learn_ing and Integrity. Wherever such a Man is found, the Wonder is not great, if from a long Habit of advancing what he pleases, and having it received for Law, he comes in Time to fancy that what he pleases to ad_vance is really Law.

I have taken the Pains, during this short Vacation between our Monthly Courts, candidly to examine this new System of Libels lately composed and propagated on the Continent; the Discovery of which cost the good City of New York, five Ounces and a half of Gold, a Scrip of Parchment, and three Latin Sentences. P. 31, 32. My intention is to consider Things, not Persons, having no other Know_ledge of the Gentleman principally con_cern'd than what is deriv'd from the Paper now before me; and being wholly a Stranger to the Merit of those Disputes that gave Rise to the Prosecution of this Printer.

Much less shall I turn Advocate for any Lawless Power in Governors. God forbid I should be guilty of such a Prostitution, who know by Experience of what Stuff they are commonly made; the wrong Impessions they are apt to receive of themselves and others; their passions, prejudices and pursuits; tho' when all reasonable Allowances are made for certain Circumstances that attend their Mis_sion from home and their Situation abroad, a considerate Person may be tempted to think: --- it is well they are no worse than they are.

But to come to my Remarks on Zen_ger's Trial.

IN considering the Defence made for the Defendant (Mr. Zenger) by his Council (Mr. Hamilton) upon not Guilty pleaded to an Information for printing and publishing a Libel, it is not to the purpose to enquire how far the Matters charged in the Infor_mation are in their Nature Libellous, nor whether the Innuendoes are properly used to apply the Matters to Persons, Things and Places. It is only necessary to examine the Truth of this single Proposition, upon which the whole Defence is grounded, and to which the several parts of it refer; namely, that the several matters charged in the In_formation, are not and cannot be libellous, because they are true in Fact.

This is the Cardinal Point, upon which the learned Gentleman's whole Argument turns, and which he lays down over and over, as the first Principle that governs the Doctrine of Libels; Zeng. Trial, p. 12, 13, 22. and accordingly he confesses the printing and publishing of the Papers laid in the Information, and puts it upon the King's Council to prove the Facts contain'd in them to be false; alledging, at the same Time, that unless that were done, the Defendant could not be Guilty; p. 15,16. but if the same were prov'd to be false, he would own the Papers containing them to be Libels. To this, it seems, the Attorney-General answer_ed, that a Negative is not to be proved; and the other replied in these Words, which I chuse to set down, that I may not be thought to do him wrong. p. 19. ------- I did expect to hear that a Negative cannot be proved; but every body knows there are many Ex_ceptions to that general Rule: For if a Man is charged with killing another, or stealing his Neighbour's Horse; if he is innocent in the one Case, he may prove the Man said to be killed to be still alive; and the Horse said to be stolen, never to have been out of his Master's Stable, &c. And this I think is proving a Negative. Now I must think, that it is strange a Gentleman of his Saga_city, who owns he was prepar'd for the Ob_jection, could not yet hit upon some of these many Exceptions which every body knows. For he does no more than give two In_stances of One Affirmative being destroy'd by another that infers a Negative of the first; at which Rate most Negatives may be prov_ed, and then the old Rule may be discard_ed. Thus, if it is shewn that a Man is a_live, it follows clearly that he was not kill'd; and if a Horse is proved to have been always in his Master's Stable (for this is what must be understood of his being never out of the Stable) it certainly follows that he could not be stolen. So that, according to this new Scheme of Proof, he who is accus'd of killing a Man, or stealing a Horse, is to be put upon proving that he did not kill or steal; because it is possible that such Proof may be had sometimes: And so in the princi_pal Case, if a Question arises whether a cer_tain Magistrate has done particular Acts of Injustice of not, the Method is to shew that he did not do such Acts, not that he did them. I have touch'd upon this, not for its import_ance, but as a Specimen of the learned Barri_ster's manner of reasoning, and of the Spirit with which he sets out from the beginning.

At length, however, he takes the Onus probandi upon himself, and rather than the Thing should go un-prov'd, generously undertakes, at his Client's Peril, to prove the Matters char_ged in the Information as libellous, to be true. p. 18. But I would be glad to know, by the way, how this undertaking Gentleman could have proved the Truth of divers Facts contained in the paper which the Defen_dant published, supposing the Court had been so much over-seen as to let him into a Proof of this Sort. Could he prove, for Example, that Judges were arbitrarily dis_placed, and new Courts erected, in the Pro_vince of New-York, without Consent of the Legislature? For I am credibly inform'd, there never was a Pretence or Surmise of more than One Judge being displaced, or more than one Court erected under Mr. Cosby's Administration, both which hap_pen'd upon one and the same Occasion. Now I would not have this esteem'd a cap_tious Exception, when I have to deal with a Man of Law, who must or ought to know, that if such a Justification as he offer'd were at all allowable, it ought to be full and ex_press, so as to leave no Room for the Libeller to multiply and exaggerate Facts, at his Plea_sure, when he is disposed to traduce Persons in Authority; there being a manifest Diffe_rence between a single Act of Power without or against Law (from which perhaps few Governments have been free) and an habitual Abuse of Power in repeated Instan_ces of the same Species. I would further ask, how he could prove that the Law it self was at an End, and that Trials by Ju_ries were taken away when a Governor pleased; for if I mistake not, he was, at that Time speaking to a Jury in a regular Court of Law, and in a Prosecution which the Governor had much at Heart (as the Gentle_man himself insinuates) and would have been highly pleased to convict his Client, yet would not attempt it but in the ordinary Course of Trial by a Jury, and then too could not find a Jury that would convict him. I think I am warranted in putting these Que_stions, even by the Authority of the Barrister himself, who says, &horfill; Truth ought to govern the whole Affair of Libels, and yet the Party accused runs risque enough even then; for if he fails of proving every Tittle he has wrote, and to the Satisfaction of the Court and Jury too, he may find to his cost, &c. p. 22.

But for the present I will suppose Mr. Ha_milton was able to prove all these Things; nay, that the Jury knew them all to be true. I will go farther and allow, that Juries in Criminal Cases may determine both Law and Fact when they are complicated, if they will take such a Decision upon their Consciences (which is almost the only Point in which I can have the Honour of agree_ing with him) yet after all these Con_cessions, the main Question rests still between us, viz. Whether a Writing can be a Libel, in legal Acceptation, if the matter contained in it be true. He is pleased indeed, to ex_press his Dislike of infamous Papers, even when they are true, if levell'd against pri_vate Vices and Faults; and in this Case he calls them base, unworthy, scandalous, un_manly and unmannerly. p. 19, 20. But surely it might be expected, when a Point of Law was in question, that he would have told us whether they were lawful or unlawful, inno_cent or criminal, since these last are the on_ly Epithets that were relative to his Subject, tho' the first might have their Weight in a Sermon or moral Essay. But it is plain, he was aware of the Consequence of being ex_plicit upon this Head, for had he own'd such Writings to be lawful, because true, he would have alarmed the Common Sense of Mankind, by opening a Door for exposing at Mercy, the Frailties, Vices, Defects and Misfortunes of every Person high and low, which must inevitably destroy the Peace of Families, and beget ill Blood and Disorders. If on the other hand, he had acknowledg'd such Writings to be unlawful inasmuch as they concern'd private Miscarriages and Transactions; but that every Man might write as much Truth as he pleased about the Administration of the Government, not only by pointing out Faults and Mistakes, but by publishing his own Comment and Inferences in Order to fill the Minds of the People with all the Jealousies and Appre_hensions his Imagination can form; it must have shock'd Men of Understanding to be thus told, that the Law had provided a_gainst private Quarrels and Breaches of the Peace occasion'd by virulent Writing, but had taken no Care to prevent Sedition and publick Disturbance arising from the same Cause.

His Favourite Position, however, was to be maintain'd at all Events; and there_fore when the Chief Justice right_ly instructed him, that he could not be admitted to give the Truth of a Libel in Evidence, that the Law was clear that he could not justify a Libel; for it is nevertheless a Libel that it is true; p. 16. the discerning Gentleman was pleas'd to understand by the Word justify, a Justification by Plea, as it is in the Case of an Indictment for Murder, or an Assault and Battery; there (says he) the Prisoner cannot justify, but plead not guilty; yet in Murder, he may prove it was in Defence of his Life, his House, &c. and in Assault and Battery, he may give in Evidence, that the other Par_ty struck first, and in both these Cases he will be acquitted.

If the Party in either Case is acquitted, the Reason is I presume, because the Matter given in Evidence amounts to a Justi_fication in Law of the Fact charged on him, and is equivalent to a Confession and Avoi_dance in pleading. In like manner, if Truth be a sufficient Justification of a Libel, the Defendant will be acquitted upon prov_ing the Contents of his Paper to be true. Now let it be observed, that the Words of the Book which the Chief Justice relied on are these. &horfill; It is far far from being a Justification of a Libel, that the Contents thereof are true &horfill; since the greater Appearance there is of Truth in any malicious Invective, so much the more provoking it is. That this is good Law, I hope I shall be able to shew fully hereafter, as I shall shew, in the mean time, that it is an express Authority against the well-read Barrister, who declares, he has not in all his reading, met with an Authority that says, he cannot be admitted to give the Truth in Evidence, &c. p. 16

He seems to take it for granted (and I shall not dispute it with him now) that Mat_ter of Justification cannot, in any Case, be pleaded specially to an Indictment of As_sault or Murder; but the Party is to take Advantage of it in Evidence upon not Guilty pleaded. Let it be so; yet still this Matter must be a sufficient justification, or the Par_ty can have no Benefit from it any way. In an Action of Assault and Battery, where the first Assault must be pleaded specially; the Matter of Justification is just the same, as in an Indictment for the same Offence, where it must be given in Evidence upon the General Issue. I ask then, whether the first Assault is a Justification in an Indict_ment of Assault and Battery? If the Barrister should answer Negatively, such Answer is a_gainst all Sense, for the Party is acquitted by virtue of the Justification only. If he should answer Affirmatively, he is inconsistent with himself, for he has but just affirm'd that when the Book says, Truth is no Justification, it must be understood of a Justification by Plea, by which he must mean that nothing else is a Justification but what is pleaded, or he must mean nothing at all. For the Words of the Book are, &horfill; it is far from being a Justification &c. it is not said, &horfill; you are far from being at Liberty to plead it in Bar. In truth, the Author is not there speaking of the Forms and Rules of Proceedings upon Libels, but upon the Substance and Nature of the Crime, what shall and what shall not ex_cuse or justify it. 1 Hawk. Ch. 73. � 5,6,7. This is manifest from the Reason subjoined to sup_port his Assertion, viz. since the greater Ap_pearance there is of Truth, &c. which is a solid Reason grounded on the Wisdom of the Law, which punishes Libels even against private Persons, as Publick Offences, be_cause they provoke Men to Acts of Revenge and Breaches of the Peace. I hope it will not be said that a Libel is less provoking, because the Truth of it is to be given in Evidence, than if it was to be pleaded in Bar.

But all this is Star-Chamber-Doctrine with the Barrister, and the very mention of that Court serves him for an Answer to every Thing, for which he has no other Answer; because the Memory of that Tribunal is justly detested on account of many illegal and exorbitant proceedings. No; this is the Authority of Mr. Serjeant Hawkins (tho' he uses Marginal References to some Start-Chamber Cases) whose Name is too great to receive any Addition from this Pa_per, and who after a long and studious Search in the Crown-Law, laid down this Proposition for Law at the Time he wrote his Book; and I believe it will appear in the Sequel that he was not mistaken. And now I come to join Issue with the Barrister upon this Point, whether Mr. Serjeant or he is in the right; or in other Words, whether Falsity in Fact be essential to a Libel, so that the Truth of the Fact may be given in Evi_dence to prove Writing to be no Libel.

He maintains the Affirmative of the Que_stion, both from what he understands to be the Authorities in the Case, and from the Reason of the Thing. Zeng. Trial, p. 16. All which shall be consider'd in their Order.

The Authorities cited by Mr. Hamilton to support the Proposition formerly stated consist principally of Four Cases, which I shall consider in the Order as they were pro_duced.

The first is the Case of John de Northampton, 18 Ed. III. 3 Inst. 174. which he ob_serves does not appear to have been a Case upon an Information, but that he has good Grounds to say it was upon an In_dictment. Zeng. Trial, p. 16. This is what I shall not contest with him, because it is not material, or in_deed easy to be determin'd, whithout seeing the Record; tho' I conceive there are Grounds to say it was not upon an Indict_ment, as was the Case of Adam de Ravens_worth, mentioned by LordCoke in the same Chapter. The Case, however, stands thus;

"John de Northampton, an Attorney of the King's Bench wrote a Letter to one Fer_rers, one of the King's Council, that nei_ther Sir William Scot Chief Justice, nor his Fellows the King's Justices, nor their Clerks, any great Thing would do by the Commandment of our Lord the King &c. which said John being called, con_fessed the Letter, &c. Et quia pr�dictus Johannes cognivit dictam literam per se scriptam, Roberto de Ferrers, qui est de con_cilio Regis, qu� litera continet in se nullam veritatem: Pr�textu cujus Dom. Rex erga Curiam, & Justiciarios suos habere posset indignationem, quod esset in Scandalum Justic. & Curi�. Ideo dictus Johannes committitur, &c." Here says the Barrister, by this Judgment it appears the libellous Words were utterly false, and there the Fals_hood was the Crime, and is the Ground of the Judgment. For my own part, I can neither see Truth nor Falshood in the Words at the Time they were wrote, for they refer to a future Contingency that might or might not be as he said; and in this respect, they were the same as if the Man had said, the Roof of Westminster-Hall would fall up_on Sir William Scot and his Fellows. Besides, the Words taken by themselves have no ill meaning; for I imagine it will be allowed that most of the great Things which Judges do, as Judges, are such as ought neither to be done nor left undone by the King's Com_mandment. Where then was the Offence? The Record, I think, shews that in the fol_lowing Words; pr�textu cujus Dom. Rex erga Curiam & Justic. suos habere posset in_dignationem, &c. Ideo dictus Johannes com_mittitur, &c. It is observable, that the Au_thor of this Letter was an Attorney of the Court, and by the Contents thereof he pre_sumes to undertake for the Behaviour of the Judges in some great Matters that concern_ed their Office. The Letter was address'd to a Person who was of the King's Council and might possibly communicate the Con_tents of such a Letter to the King; the consequence of which might naturally be that Dom. Rex habere posset indignationem erga Curiam, &c. for great Things were some times done, in those Days, by the King's Commandment; and the Judges, besides, held their Posts at Will and Plea_sure.

The Words, qu� litera continet in se nul_lam veritatem, were therefore proper for the Judges to insert, in order to acquit themselves to the King; but they are no more the Ground of the Judgment than these other Words, qui est de Consilio Regis; both being only incidental Clauses that some in by way of Description: For it is not said; Quia litera a pr�dicta continet in se nullam ve_ritatem. After all, I would not have this Construction of the Case, plain and natural as it is, pass meerly upon my own Credit; for I shall shew that this Case was so under_stood by one of the greatest Lawyers of his Time, before Lord Coke's 3d Inst. ap_pear'd in the World.

21. Jac. B.R. Tanfield v. Hiron. Godb. 405, 6.

The Plaintiff brought an Action upon the Case against the Defendant, for delivering of a scandalous Writing to the Prince, &c. Noy for the Plaintiff cited, 18 Ed. III. a Let_ter was sent to Ferrers, one of the King's Council, the Effect of which was, that Scot Chief Justice, and his Companions of the same Bench, would not do a vain Thing at the Command of the King; yet because he sent such a Letter to the King's Council, altho' he spake no Ill, yet because it might in_cense the King against the Judges, he was punished. If no Ill was said, will it be pre_tended that the Falshood of what was said could be a Reason for punishing a Man? Is it not ridiculous to say that the Falshood of innocent or insignificant Words can be Criminal? This Book, therefore follows the Record of Northampton's Case, and says; because it might incense the King against the Judges he was punish'd; which is almost a Translation of pr�textu cujus, &c. which was the Ground of the Judgment, Ideo Committitur.

The next Case which the Barrister called to his Aid, is that of the Seven Bishops. State Trials, Vol. 4 and here he relies on a Flourish of one of the Council for the Bishops, and a dubious Expression of one of the Judges, separated from the rest of his Discourse.

Sir Robert Sawyer, 'tis true says, Both the Falsity of it (the Libel) and that it was malicious and seditious, are all Matters of Fact, which they (the King's Council) have offer'd to the Jury no Proof of, &c. This I must confess, proves on Point to which the Barrister adduced it, viz. that he was not the first who insisted, that to make a Writing a Libel, it must be false. p. 17. And when I have allow'd this, I may almost venture to say, it is the only Point he does prove from the Beginning to the Ending of his long, elaborate Speech. Let me how_ever, oppose to this the Reply of Sir Thomas Powis, in these Words; whether a Libel be true or not, as to the Matter of Fact; was it ever yet permitted in any Court of Justice to be made a Question; on whether the Party is punishable for it? And therefore I wonder to hear these Gentlemen say, that because it is not a false one therefore it is not a Libel, fol. 382.

Mr. Justice Powel also does say, that to make it a Libel, it must be false; it must be malicious; and it must tend to Sedition. Upon which Words of this learned and worthy Judge; I would not presume to offer any Comments, except that which other Words of his own afford; that plainly shew in what Sense he then spoke. His subsequent Words are these; they (the Bishops) tell his Majesty, it is not out of Averseness to pay all due Obe_dience; nor want of tenderness to their Dissen_ting Fellow-Subjects; but because they do con_ceive the Thing that was commanded them, was against the Law of the Land; they say, they apprehend the Declaration is illegal, be_cause it is founded on a Dispensing Power; I do not remember in any Case in all our Law, that there is any such Power in the King; and the Case must turn upon that. In short, if there be no such Dispensing Power in the King, then that can be no Libel, which they presented to the King, which says that the Declaration, being founded upon such a pre_tended Power, is illegal. So that the Judge put the whole upon that single Point, whe_ther it be true that the King had such a Dispensing Power, or not; which is a Question of Law, and not of Fact; and accordingly the Judge appeals to his own Reading in the Law, not to Witnesses or other Testimony, for a Decision of it. In truth the Petition of the Bishops is not capable of having Falshood or Truth apply'd to it in any other Sense, there being nothing else affirm'd or deny'd in it, but that they thought they could not do what was commanded them because it was against the Law. This was the Behaviour; these were the Senti_ments of that upright Judge, that gain'd him so much Honour among all good Men, as the Barrister takes Notice; not any Opi_nion of his, that the Contents of a Libel must be false in Fact, to make it a Libel; as he would unfairly insinuate.

Sir Samuel Barnardiston's Case is the third that is touch'd upon; and here too the Gentleman finds nothing that can be strain'd to his Purpose, but the Defendant's Council insisting on the want of proof to the Malice and seditious Intent of the Author. He seems to have forgot that the same Gentleman insisted also to have it proved, that the Defendant was a Person of a turbulent and unquiet Spirit, because these Words were set forth in the Informa_tion,and he takes no manner of Notice how all this was answer'd, which I must now do for him, in the Words of the Court; cer_tainly the Law supplies the Proof, if the Thing it self speaks Malice and Sedition. As it is in Murder; we say always in the In_dictment, he did it by the Instigation of the Devil: Can the Jury, if they find the Fact, find he did it not by such Instigation? No, that does necessarily attend the very Nature of such an Action or Thing. So in Informa_tions for Offences of this nature, we say, he did it falsely, maliciously, and seditiously, which are the formal Words; but if the Nature of the Thing be such as necessarily imports Ma_lice, Reproach and Scandal to the Government, there needs no Proof but of the Fact done; the Law supplies the rest. How shall any Man prove another Person's Malice, which is a Thing that lies only in a Man's mind? How should any Man know that I am malicious against the Government, but by my Actions? These Words, indeed, were pronounc'd by the Chief Justice Jefferies, who was then the Mouth of the Court; but tho' he was really an intemperate Judge (or a Mon_ster, as the Barrister, in his Bar-Language, delights to call him) yet I may safely refer it to all Men of Law, whether these Words could have discre_dited the best Mouth that ever spoke upon that Bench. p. 17. State-Trials, vol. 3. 851.

An Instance of this Sort may not be im_pertinent, where a Chief Justice (who was no Monster) addresses himself to a Jury, that was trying a Libel, in this manner: I will not repeat the Particulars to you, only something to what the Defendant has said, that you may not be misled. He says, it does not appear that he did it maliciously or know_ingly. There are some Things that you that are of the Jury are not to expect Evidence for, which it is impossible to know but by the Act it self. Malice is conceiv'd in the Heart, no Man knows it, unless he declares it: As in Murder, I have Malice to a Man; no Man knows it. I meet this Man and kill him; the Law calls this Malice. If a Man speak scandalous Words against a Man in his Calling or Trade; he lays his Action, Malice; tho' he cannot prove it but by the Words themselves; you may see, there is Malice sup_posed to a private Person in that Slander, much more to the King and the State. State-Trials, vol. 2. 537.

Tuchin's Case, the Barrister does not pro_perly cite, but endeavours to answer as a Case urged against him by the King's Coun_cil; and therefore I shall observe upon it in another Place.

But the Case of Cases is still behind, which he reserved for the last, to make the Point clearer on his side, than all the rest put together could do. p. 17. It is Fuller's Case. State-Trials, vol. 5. 445, 6, 7, 8. And it deserves notice, that altho' Fuller was charged with writing a Libel, yet that was not the Gift of the In_formation. He was, in truth, prosecuted for being a Cheat and Impostor, by Order of the House of Lords, as the King's Council declare in the Opening.

The Information accordingly sets forth, "That W.F. intending the late King William and his Subjects to deceive, and to get several great Sums of Money fraudulently and deceitfully from the said King; con_cerning a Correspondency between di_vers Officers and Subjects of the said late King, and the late King James falsely pre_tended to be had; did write and Print a Libel, intituled, Original Letters, &c. with the Deposition of T.J. and T.F. Esqrs. proving the Corruption lately practised in this Nation; and the said W.F. afterwards did publish, utter, and for Truth affirm the said several false and scan_dalous Libels, without any lawful Autho_rity; whereas in Truth the said T.J. did not depose upon his Oath as is contained in the said false and scandalous Libel; but the said scandalous libels are false, feigned, and altogether contrary to Truth, &c." Here it is manifest he was accused of a Cheat, in Forging the Correspondence and the Deposi_tions just mentioned, with a Design of get_ting Money by his pretended Discovery. And hence it comes, that the Judge very properly asks him, have you any Witnesses? If you take upon you to write such Things as you are charged with, it lies upon you to prove them true, at your Peril. How come you to write those Books that are not true? If you have any Witnesses, produce them. Thus said, and thus did that great Man, Lord Chief Justice Holt; p. 17 but not upon a Trial of the like kind with Mr. Zenger's, as his Council would have it thought. For in this Case the Cheat and the Imposture was the Offence, which consisted wholly in the falsity; that is, in affirming such Things for Realities, when they were nought but Fictions. On the contrary, had he been able to prove those Letters and those Depositions to be authentick, the discovery would have been valuable, and might intitle him perhaps to Favour and Protection in_stead of Punishment; however irregular he was in taking such a Method to publish Matters of that high Consequence. After this, let the learned Barrister, in all his Reading, shew an Information or Indict_ment for a Libel, where the Falsity is assigned in Form with ubi re vera, as the Foundation of the Offence; which is done in Fuller's Case; and then I will acknow_ledge that the Questions put here by Lord Holt, would have been proper upon the Trial of his Client.

This is the Sum of the Barrister's Law-Cases. And is it not high Time to ask, whe_ther such gross Misrepresentations of the Books can proceed from Ignorance or Disingenuity? Be that as it will; it might certainly be expected, that a Proposition ad_vanced with so much Assurance, by a Man of Years and Reading, should have been supported by some One Authority in Point, rather than by a Series of low Prevarication and Quibble. Could he not find in all the Book-Cases and Trials at large concerning Libels (which are sufficient of themselves to make a large Volume) one Example of Proof being received to the Truth or Falsity con_tained in a libellous Writing? Indeed there is nothing like it to be found; tho' the Oc_casions have been many, where such Proof might be had, if it were proper; nay, where the Truth of the Thing was notorious to all Men, and yet no Question ever moved concerning it. This shall fully appear in the Sequel.

If any thing can be necessary further to expose Mr. Hamilton's Doctrine of Libels after answering his own Cases, it is only to subjoin some others that will shew how much he is mistaken in almost every thing he has offer'd on the Subject. I shall there_fore mention a very few, that will bear a particular Application to his crude Notions, without entering into a Multitude of others, to tire the Reader.

16 Car. 2. The King v. Pym. I Sid. 219, B.R.

Pym was indicted at Exeter for a Libel, which he deliver'd to a Parson to be pub_lish'd in Church there, and was to this Ef_fect; you are desired to be wail the Sodomitry, Wickedness, Whoredom, Lewdness, that is of late broken out in this formerly well_govern'd City; that God would turn their Hearts from committing those Wickednesses which go unpunished by the Magistrates. Pym confess'd the Indictment, and was fined 100 l. He afterwards brought a Writ of Error, and assign'd for Error that this was no Offence, because tho' he says, go un_punished by the Magistrate; yet he does not say that the Magistrate knew of it, and Wickedness unknown can't be punished. It was answer'd by the Court, that this con_tains matter of great Scandal to the Govern_ment of the City, for it makes the late Government better than the present, &c. Hide, Twisden, Keelyng, Windham Just.

I have pitch'd upon this Case, because the Barrister is fond of comparing the Plan_tations to large Corporations; and he will find here, that even those are not left to the Mercy of Li_bellers, altho' they do not put in a Claim to the Sacred Rights of Majesty: Zeng. Trial, p. 14. And that a Misbehaviour of this kind to the Magistrates of a Corporation is not entirely innocent, because it is not to be judged of, or punished, as a like Undutiful_ness would be to our Sovereign. p. 14

This Case was adjudged about four Years after the Restoration, when the Memory of the preceding Usurpation was fresh in every body's Mind. It is strange therefore Mr. Pym did not put himself on his Trial at Exeter, for it was evident beyond Contradiction to the People of that Age, from their own knowledge, as it is now to us from History, that the Wickedness specified in the Libel was restrain'd by a stricter Hand before, than after the Restoration. But this noto_rious Truth, it seems, did not avail Mr. Pym.

22 Car. 2. the King v. Saunders. Raym. 201. B.R.

Information for writing a scandalous Libel to H. Rich. who was indebted to him, and kept him out of his Money three Years by obtaining a Protection, and at length getting into the Prison of the King's Bench. Saun_ders wrote him a Letter, wherein he tells him; that if he had any Honesty, Civility, Sobriety or Humanity, he would not deal so by him; and that he would one Day be damned, and be in Hell for his Cheating; and cited several Places of Scripture to make good his Allegations. The Defendant was found Guilty, and moved in Arrest of Judgment, that the Substance of the Letter is not Scan_dalous, but impertinent and insignificant, &c. Cur. The Letter is provocativce, and tends to the incensing Mr. Rich to break the Peace. The Court adjudged the Letter scandalous, and fin'd him 40 Marks. Keelyng, Twisden, Rainsford, Moreton, Inst.

I would entreat the clear-sighted Barrister to look carefully into the Words of this Libel, and try if he can discover any Truth or Falshood in them that was capable of Proof. And I must remark upon both these Cases, that tho' they were adjudged in the Reign of K. Charles II. yet neither of them was upon a State Prosecution, or at a Time when the Spirit of Plots and Facti_ons had infested the Courts of Justice; but they remain unquestionable Authorities at this Day.

State-Trial vol. 5. The Case of Tutchin is strong against him; a Case adjudged since the Revolution, before that learn'd and up_right Judge Sir John Holt, and plainly shews the Fallacy that runs throughout his whole Argument.

The Points insisted on by this Chief-Justice, in his Charge to the Jury, were these; to say that corrupt Officers are appointed to ad_minister Affairs is certainly a reflection on the Government. If People should not be called to an Account for possessing the People with an ill Opinion of the Government, no Government can subsist; now you are to con_sider, whether these Words I have read to you do not tend to beget an ill Opinion of the Administration of the Government; to tell us that those that are employ'd know nothing of the Matter, and those that do know are not employ'd. Men are not adapted to Offices, but Offices to Men, out of a particular Regard to their Interest, and not to their Fitness for the Places. This is the Purport of these Papers. If this was the Purport of the Papers, and so criminal as hath been just said, it is amazing surely that Mr. Tutchin did not offer to prove the Truth of these Allegations, and thereby take out their Sting! Could not he possibly think of as many corrupt or incompetent Officers, Ecclesiastical, Civil or Military in England prefer'd by Interest rather than Merit, as there were Judges dis_placed and Courts erected in New-York? Or if he was restrain'd by the hard-hearted Judge, from desporting himself in this plea_sant and spacious Field; could he not apply to the private Knowledge which the Jurors (as well as the rest of Mankind) had of these Matters? For I imagine it will be allowed, that if no Instances of this sort could be shewn at the Time of Tutchin's Trial, it was the only Period within the Memory of Man, or the reach of History, that wanted the like.

But the misfortune was, the poor Man was not bless'd with such skilful Council as is to be had in Philadelphia, to think of these good things for him; p. 18. otherwise you might have heard an alert Advocate (after returning thanks to his Lord_ship for nothing) address himself to the Jury in this or the like eloquent Strain; then, Gentlemen of the Jury, it is to you we must appeal for Witnesses to the Truth of the Facts we have offer'd, and are deny'd the Liberty to prove; the Law supposes you to be summon'd out of the Neighbourhood where the Fact is alledged to be committed; and the Reason of your being taken out of the Neighbourhood is, because you are suppos'd to have the best Knowledge of the Fact that is to be tried. And were you to find a Verdict against my Client, you must take upon you to say the Papers referr'd to in the Information, and which are proved to be written and published by us, are false, scandalous and se_ditious. You are Citizens of London, honest and lawful Men, and the Facts which we offer to prove were not committed in a Corner; they are notoriously known to be true. And as we are deny'd the Liberty of giving evi_dence to prove the truth of what we have published, I will beg leave to lay it down as a standing Rule in such Cases, that the suppressing of Evidence ought always to be taken for the strongest Evidence, and I hope it will have that Weight with you. Lay your hands upon your Hearts, Gentlemen, and recollect. Do none of you know; nay, do not all of you know certain Persons, who shall be nameless, that have been lately promoted by Favour and Interest, to Places of Trust and Profit both in Church and State, Army and Navy; whom you must know and believe in your Con_sciences to be ill Men and no way qualified for such Preferment; as my sagacious Client has most seasonably remonstrated to the Neigh_bours, by virtue of that right which every free-born Subject hath of publishing his Com_plaints, when the Matters so published can be supported with Truth? p. 12, 22. But is Lord Holt asleep all this Time? Can any reasonable Man, who has but common Notions of Judicature, imagine that this great Judge would suffer such Trash as this to be thrown out in any Court where he sat in Judgment? But what must he have said if the Libeller be_fore him had offer'd to prove, that the Law itself was at an end; that Trials by Juries were taken away when a Minister pleas'd; that no Man could call any thing his own, or enjoy any Liberty longer than those in the Administration would condescend to let him do it? Would he have said that these Things did not tend to possess the People with an ill Opinion of the Government; and that Governments might well subsist, tho' Men should not be call'd to an Account for pub_lishing the like? or would he have said, it was no matter what Opinion the People had of the Government, nor whether it subsisted or not, provided these Assertions were true; and so have discharged the Man as a Pub_lisher of precious and useful Truths to put the Neighbours on their Guard?

But here also the Barrister lays hold of a Random-Question, put by one of the King's Council to Mr. Montague, who was for the Defendant, and was then touching upon the Affairs of the Navy. Saith the former; will you say they are true? now the latter had hinted as much as that these Things were true, but did it with that Caution which a Man of Skill uses, when he would say something in Support of a lame Cause, but don't care to press an Impropriety too far. For that learned Gentleman was very sensible, that if he had presum'd to insist ex_pressly on the Truth of the Matters contain'd in his Client's Papers, a severe Reprimand was the best thing that could have befallen him. His Words are these; no body can say, that we never had any Mismanagements in the Royal Navy; and whenever that has hap_pen'd, the Merchants of Englandin all Pro_bability have suffer'd for it. But does the Judge, in his Charge to the Jury, vouchsafe to give this Matter any Answer, or so much as to mention it? Lord Holt did not usually pass by material Things that were offer'd in Defence of Persons tried before him; yet in this Case he makes no Questions or Scruple about the Truth or Falshood of Tutchin's Papers, altho' they contain'd many Things which his Lordship, the Jury, and all the World knew to be **** This candid Judge, however, puts the merits of the whole upon the Scandal of the Government, and the evil Tendency of such Writings. And therefore I must once more call upon the Northern Barrister to shew a single Instance where Witnesses have been produced by Council, and admitted by the Court to prove the Truth of a Libel. When he does this, it will deserve Consideration; but till then he may talk by the Hour without any Meaning.

I could mention some Cases of a more modern Date, that have been adjudged in Westminster-Hall, when this wild Doctrine was not so much as thought of, and when it would not have been altogether useless had it been practicable; but I have chose to mention such only as are reported, that the Books may speak for themselves, and judge between us.

But this Lawyer seems to be above hav_ing his Points of Law decided by the Au_thorities of the Law; and has something in Reserve, which may serve to overthrow not only what has been offer'd in this Paper, but even all the Books of the Law. This is what he calls the Reason of the thing, but is truly and properly a Sketch of his own Po_liticks; which leads me to shew that the true Reason of the thing here, agrees with the Law, and consequently both these are against this expert Master of Law and Reason.

The Reason of the Thing, as well as it can be collected from a Heap of Particulars huddled together without Order and Method, may be reduced to the three following Heads.

1. The Form of an Information for a Libel, and the Necessity of knowing the Truth of Falshood of its Contents, in or_der to direct the Judges in awarding arbi_trary Punishment.

2. The Right every Man hath of pub_lishing his Complaints, when the Matters so published can be supported with Truth.

3. The Necessity there is of using this Right, in the Plantations especially, by rea_son of the Difficulty of obtaining Redress against evil Governours by any other Means.

1. It will not be improper to premise, under the first Head, that a Gentleman of the Law, who takes upon him to pronounce so magisterially as the Northern Barrister has done concerning Libels, ought to have consider'd well the Nature and Extent of his Subject. It might be expected that he is not unknowing in any Part of Learning necessary to fix his Idea of a Libel. And yet the present Case would appear to be quite different. This learned Gentleman might have inform'd himself by reading some of the ancient Laws before the Conquest, that when the Falsity of virulent Writings and Speeches was taken into the Description of the Crime, there was a specifick Penalty annex'd, viz. Cutting out the Offender's Tongue, Lamb. Sax. Laws. But this Severity seems to have fallen into Disuse under the Norman Kings; and accordingly Bracton, who wrote in the Reign of Henry III. gives a Description of these Offences as they were understood in his Days, wherein Falsity is neither express'd nor imply'd. These are his Words; Fit autem injuria, non solum cum quis pugno percussus fuerit, verberatus, vulneratus, vel fustibus c�sus; verum cum ei Convitium dictum fuerit, vel de eo factum Carmen famo_sum & hujusmodi. Fol. 155. Indeed here is no mention of Libels against the King or the State; the Reason of which seems plainly to be, that Offences of this Sort were considered as a Species of Treason, not only in that Age, but in several Ages after, notwithstanding the Statute 25 Ed. III. and tho' they have by happy Degrees dwindled into Misdemeanours, yet no body except the Barrister will say they are come to have a greater Indulgence from the Law, than the like Offences against private Persons. How far therefore Bracton's Acceptation of a Libel has prevailed ever since, must be submitted upon what has been offer'd in the preceding Part of the Remarks.

Here the Barrister throws in a shrewd Question, arising from the Form of the In_formation which charges the Libel to be false. This Word FALSE, says he, must have some Mean_ing, else how came it there? I hope Mr. Attorney will not say he put it there by Chance; and I am of Opinion his Information would not be good without it. Zeng. Trial p. 15. By way of Answer to this, I must take Leave to put a Question or two in the same Strain. Suppose an Man brings an Action of Trespass, for violating his Wife, and he fairly sets forth the Truth of the Case, viz. That the Defendant by amorous Addresses, Letters, Presents, &c. did gain the Consent of the Plaintiff's Wife, and at length debauched her. I would ask whether an Action of Trespass thus laid can be supported? I fancy not; and yet this is a more just Account of the Matter, than when vi & armis, viz. Swords, Staves, Knives, &c. are introduced as Instruments of invading this tender part of our Neigh_bour's Property. Suppose further, a Man kills another whom he never saw or heard of before; and he is accused of Murdering him of Malice fore-thought. How come such Words to be put into an Indict_ment for a Fact so circumstanc'd? they must have some meaning, surely they are not put there by Chance; and I am of O_pinion the Indictment would not be good without them. Why, there is this short Answer to be given to all these Childish Questions: There are many Words used in Pleadings of most kinds, sometimes for Aggravation, sometimes for Comprehension, often in Compliance with Antient Usage, which are not traversable, and many times are incapable of Proof. The Form of In_dictments and Informations follows the Na_ture of the Fact, and sets it out in its worst Dress; and if the Fact is made appear to be unlawful, all the hard Names are sup_ply'd by Implication of Law.

This is not all quoth the Counsellor; it is said, that Truth makes a Libel the more provoking; well, let us agree for once, that Truth is a greater Sin than Falshood: yet as the offences are not equal, and as the Punishment is arbitrary; is it not absolutely necessary that they should know whether the Libel is true or false, that they may by that means be able to pro_portion the Punishment: for would it not be a sad Case, if the Judges, for want of a due Information, should chance to give as severe a Judgment against a Man for writing or publishing a Lye, as for writing or publishing a Truth? p. 16. Now is it not a sad Case, that he should want to be told, that Human Laws don't strictly regard the moral Pravity of Actions, but their Tendency to hurt the Community, whose Peace and Safety are their principal Objects; so that by this Standard only are Punishments measured. If this profound Sophister is of another O_pinion, let him give a Reason why it should be a greater Crime in our Law, for a Man to counterfeit a silver Shilling than to cut his Father's Throat.

2. The right of remonstrating or pub_lishing just Complaints, the Barrister thinks the Right of all Freemen: and so think I, provided such Remonstrances and Com_plaints are made in a lawful way. But when he comes to explain, it is not a Court of Justice, it is not an House of Representa_tives, it is not a Legislature that is to be troubled (as he phrases it) with these Things. Who then, I pray, is to be troubled with them, for the King it seems is out of the Question? let the Barrister speak for himself; they have a Right (says he) publickly to remonstrate against the Abuses of Power, in the strongest Terms, to put their Neighbours upon their Guard, &c. and in another Place, he speaks of it as a Hardship, if a Man must be taken up as a Libeller, for telling his Sufferings to his Neighbour. Now tho' I wish and hope as earnestly as he can do, that a free People may never want the Means of uttering their just Complaints, and of redressing their Wrongs too, when their Complaints are not heard; yet I al_ways thought these Things were better un_derstood than expressed in a Court of Law; and I shall probably remain in that Opi_nion, till the learned Gentleman can pro_duce something from the Common or Sta_tute Law, to shew that a British Subject has a Right of appealing publickly to his Neigbours (that is, to the Collective Body of the People) when he is injur'd in his Person, Rights or Possessions. When I am assur'd that he can do this, I promise him I shall not grudge a Voyage to that Country, where Liberty is so well understood and so freely enjoyed, that I may receive the important Discovery from his own instructive Mouth. p. 29.

I know the Law-Books assert the Right of Complaining to the Magistrates and Courts of Justice, to the Parliament, to the King himelf; but a Right of Complaining to the Neigbours is what has not occur'd to me. After all, I would not be thought to derogate, by any thing I have said or shall say, from that noble Privilege of a free People, the Liberty of the Press. I think it the Bulwark of all other Liberty, and the surest Defence against Tyranny and Op_pression. But still it is a Two-edg'd Wea_pon, capable of cutting both Ways, and is not therefore to be trusted in the Hands of every Discontented Fool or designing Knave. Men of Sense and Address (who alone deserve publick Attention) will ever be able to convey proper Ideas to the Peo_ple, in a Time of Danger, without running counter to all Order and Decency, or cry_ing Fire and Murder thro' the Streets, if they chance to awake from a frightful Dream. But I must again urge, that these Points are not fit to be discuss'd in a Court of Justice, whose Jurisdiction is circumscri_bed by positive and known Laws. Besides, they take Place properly in a Sovereign State which has no Superiour on Earth; and where an injured People can expect no Re_lief but from an Appeal to Heaven. This is far from being the Case of Colonies; and therefore I come to shew, under the third Head, that the Barrister's Reason of the thingis no other than Reason inverted, which possibly may help the Projects of a Demagogue in America, but can never be reconciled to the Sentiments of a Lawyer, or the Principles of a Patriot; consider'd as a Subject of Great Britain.

3. I have hitherto been taught to believe, that when a brave and free People have re_sorted to Measures unauthoris'd by the or_dinary Course of the Laws; such Measured have been justified by the extraordinary Ne_cessity of the Case, which excluded all o_ther Means of Redress. And as far as I un_derstand the Constitution, and have heard Accounts of the British Colonies, such a Case cannot well hapen and has never yet happen'd among them. But here the Bar_rister is ready to ask, how must we behave when we are oppressed by a Governour, in a Country where the Courts of Law are said to have no coercive Power over his Per_son, and where the Representatives of the People are, by his Intrigues, made Accom_plices of his Iniquity? certainly it can't be a new Discovery to tell this Lawyer; that as the Governour is a Creature of the Crown, so the most natural and easy Course is to look up to the Hand that made him. And I imagine it may be affirm'd (without catch_ing an Occasion of offering Incense to Ma_jesty) that if one half of the Facts contained in Zenger's Papers, and vouched for true by his Council, had been fairly represented and proved at home, Mr. Cosby would not have continued much longer in his Govern_ment; and then the City of New-York might have applied to it self the Inscrip_tion of the Gold-Box; demers� leges, timefacta libertas, h� tandem emergunt; p. 32. with greater Propriety and Secu_rity, than could possibly be derived from the impetuous Harangue of any Lawyer whatsoever. I am the more embolden'd to say thus much, because tho' it is my Lot to dwell in a Colony, where Liberty has not always been well understood, at least not freely enjoy'd, yet I have known a Gover_nour brought to Justice, within these last twenty years, who was not only supported by a Council and Assembly, besides a nume_rous Party here, but also by powerful Friends at home; all which Advantages were not able to screen him from Censure, Disgrace, and a Removal from the Trust he had abu_sed.

It is not always necessary that particular Persons should leave their Affairs and Fa_milies in the Plantations, to prosecute a Go_vernour in Westminster-Hall, unless their Fortunes are equal to the Expence. For it is seldom seen that the Violence of a bad Governour terminates in private Injuries; inasmuch as he can't find his Account in any Thing less than what is of a general and publick Nature. And when this is the Case, I hope none of our Colonies are, even at this time, so destitute, but that they can find the means of making a regular Application to their Sovereign, either in Person or in his Courts at Westminster, as their Case may re_quire.

But the wild Inconsistency that shines through most parts of this O_rator's Speech, is peculiarly glaring in that part of it now before me. p. 20. The Re_medy which he says our Constitution prescribes for curing or preventing the Diseases of an evil Administration in the Colonies, I shall give in his own Words; has it not been of_ten seen (and I hope it will always be seen) that when the Representatives of a free Peo_ple are, by just Representations or Remon_strances made sensible of the Sufferings of their Fellow-Subjects, by the Abuse of Power in the Hands of a Governour, they have decla_red (and loudly too) that they were not obliged by any Law to support a Governour who goes about to destroy a Province or Colony, &c. One would imagine, at first Sight, that this Man had the same Notion, with the rest of Mankind, or just Representations and Re_monstrances to the Representatives of a free People, which has ever been understood to be by Way of Petition or Address directed and presented to them in Form; in which Case it is hoped, that they, being moved by the Complaints of the People will stretch forth their Arms to help them. p. 21. But alas! we are all mistaken; for he tells us, in the same Breath, that the right Way is by tell_ing our Sufferings to our Neighbours in Gazettes and News-Papers; for the Repre_sentatives are not to be troubled with eve_ry Injury done by a Governour; besides, they are sometimes in the Plot with the Go_vernour, and the injured Party can have no Redress from their Hands; so that the first Complaint (instead of the last Resort) must be to the Neighbours, and so come about to the Representatives through that Chan_nel.

Now I would be very glad to know, what the Neighbours can do towards effect_ing the desired Reformation, that will be at_tended with so good Success and so few ill Consequences, as a regular Application to his Majesty would be. I would be plea_sant, doubtless, to hear this Politician speak out and explain himself at large upon this Subject. I confess it surpasses my Com_prehension to conceive what the Neigh_bours inspired with weekly Revelations from the City Journalist, can do with their Go_vernour and Assembly, unless it be to re_form them by those persuasive Arguments which the Major vis never wants good Store of. If this be the Patriot's meaning, his Words may possibly be understood; but without this meaning they are meer Jar_gon.

In a word; I shall agree with the Bar_rister (and so take my leave of him) that the Liberty of exposing and op_posing arbitrary Power is the right of a free People; p. 29. and he ought at the same time to admit, That the Order of Things and the Peace of Society, require that extraordinary Means should not be used for this Purpose, till the ordinary have failed in the Experiment. The supreme Magistrate of an independent Kingdom or State cannot always be controul'd by the one, and then the other is justified by that Consideration. But in Colonies that are from their Creation subordinate to their Mother-Country, there is no Person who is not controulable by re_gular and well known Methods of pro_ceeding; and consequently there can be no absolute Necessity of flying to Extremi_ties, at least in the first Instance. From all which, I conceive, it follows, that local Considerations, upon which the Gentleman lays so great Stress, conclude directly against him; and I hope the Secu_rity which the British Constitution affords to every Man's Person, Property and Reputation, as well as to the publick Tranquilli_ty, is not lessen'd by any Distance from the Fountain of Power and Justice; but that a Libel is a Libel, and punishable as such in America as well as in Europe.

I am sensible, there is a Freedom of Expression used in these Papers, of which I should disapprove in the common Cases of Controversy; but I found my self under a Necessity of shewing no Respect to the Per_formance under Consideration, unless I were to forfeit the little that might be due to the Remarks. For tho' a Lawyer is free, nay oblig'd by the Duty of his Profession, to make the most of the Cause he espouses, (his real Sentiments being suspended for that Time, by reason of the Biass under which he acts) yet when he draws his pri_vate Opinion into the Debate, and interests his Passions in the success of it, he then de_parts from his Character, and becomes a Party rather than an Advocate. In short, there is an Air of Self-sufficiency and Con_fidence mixt with the whole lump, enough to give a disrelish even to good Sense and good Law, but is nauseous beyond all bear_ing, when neither of these is found. A_mong Lawyers, I was sure this Lawyer de_serv'd no Answer, and yet an Answer seem_ed indispensable, not only for the Reasons given at my setting out, but also in order to save many well meaning People from reve_rencing a piece of Buffoonry, that had been thrust into the World with so much florid Conceit and a Gold-Box tagg'd to the End of it. A piece, wherein the whole com_mon-place of popular Declamation (equally adapted to all popular Occasions) is exhausted, and the Holy Scriptures brought in to season his Jokes. p. 27. But as this last seems design'd only for a Sally of Wit and Humour, I shall not offer to detract from its Merit; considering too it had so happy an Effect as to set the good People a laughing, when they heard the Word of God most ingeniously burlesqu'd in a Christian Court. A Piece that hardly shews the Author to have been serious when he pronounc'd it, or his wise Benefactors when they rewarded him; but that his solemn Professions of Prin_ciple and Duty compel a charitable Mind to suspect his Knowledge rather than his Since_rity, and Citizens are ever thought to be in earnest when they part with their Gold and shew their Learning. p. 31;32.

Sir, I ought to make an Apology to you for trespassing so long upon your Patience, which might have been better employ'd; but I flatter my self with the Hopes of having some Allowance made for an honest, tho' weak Attempt to rescue the Profession of the Law, and the Interest of lawful Liberty from the Disgrace thrown upon both in One of our Sister Colonies. Ths is the Truth, and let it be my Excuse.

I am yours, &c. Anglo-Americanus. LETTER II.

SIR,

IT must be mortifying, no doubt, to a Person who has received peculiar Marks of Publick Approbation to be told, that the very Act which procur'd it was so far from being commendable, that it really deserved a severe Censure; and one wou'd the rather decline such an Office, how just soever the Occasion, because it cannot be done with_out condemning at the same Time, the Judgment of those whose Suffrage had been thus unworthily obtain'd. But when the Laws are openly perverted, and Courts of Justice, with an Air of Gravity, droll'd out of their established Rules by such whose Profession supposes them Ministers of Justice, and when this too shall be dignify'd with Applause, and made highly meritorious, I conceive neither Good-nature, nor the Solemnity of Publick Seals shou'd restrain an honest Pen from exploding the Practice, in order as well to stop the Progress of its evil Effects, as to prevent the like Attempts for the future.

Virtue and Merit, it is most certain, ought to be encouraged, especially by all in Au_thority; but when that which is meerly counterfeit shall gain Esteem, stand in the room of what is truly genuine, and be actually loaded with the Rewards thereof, it does not only frustrate the Original Inten_tion of such Rewards, but likewise give Countenance to the Impostor, and furnish him with still further Means of vending his false Wares, in Prejudice of the Publick. Now this, with all due Submission, I take to be the Case of the Corporation in North America, with Regard to the Honours they were lately pleased to confer, on a noted Barrister in those Parts, for his supposed Services in the Affair of Zenger the Printer, whose Trial has been so plentifully dispers'd here, and in other Places. Aggregate Bodies, we find may be mistaken, and too often are, as well as private Men; and when they do err, it is of the more dangerous Conse_quence, on account of the Extent of their Power and Influence. The Province in general of New-York, or the City in parti_cular might, for ought I know, have suf_ficient Cause of Complaint, in some Re_spects, against their then Commander in Chief and his Administration; but it is to be considered that as there never was one absolutely free from Faults, so it is the great Privilege of the Inhabitants of every Bri_tish Government that a proper Channel is chalk'd out, in all such Events, and a Way open for Relief. The Method therefore which the Constitution prescribes ought to be strictly pursued, and any illegal Devia_tion is not only inconsistent and unjustifiable in it self, but has, besides, a Tendency to introduce Mischiefs more to be dreaded even than those that were sought to be re_dress'd. It is the Law which must be the Standard of Right and Wrong; and who_ever has recourse to any other Aid, or knowingly advises thereto, in the Case of particular Grievances, cannot act on a true Principle of Publick Spirit, but must be in_fluenced by unworthy Motives; and is al_ways more or less an Enemy to the Com_munity, according to his Situation, and in proportion to the Talents he happens to possess. If Mr. Zenger then will avowedly publish Seditious Libels against the Govern_ment under which he lives, and his Coun_cil will offer to support him by Artifices un_becoming the long Robe, and advancing Propositions manifestly contrary to Law; as the former deserves to be punished by it, so the latter I humbly presume to say, what_ever he may claim from his Client, ought not to be paid his Wages by any Set of Men who owe their Being to the Law, and cannot exist without it.

But I shall not scruple to acknowledge here, and I do it on no superficial Observa_tion, that there can't be a more pernicious Creature in a distant Colony than that of a Practitioner of the Law, with much As_surance, little Knowledge, and no Morals; a Character not unheard of in more than one of his Majesty's Plantations, and which yet I would by no means apply to Mr. Ha_milton, any otherwise than may appear to be just from the performance he has, it seems, taken so much Pains to publish to the World. The judicious Remarks already made upon it by Anglo-Americanus will hardly leave room for any thing to be added that is very material, and therefore I shall content my self with a few Gleanings only, and make some cursory Reflections thereon, whilst they afford me an Opportunity of bearing my Testimony also against what I think the most indecent Behaviour at least, if it may not be called the boldest Out_rage that ever was exhibited from the Bar without a suitable Chastisement.

Whoever has enquired into the Doctrine of Libels, and the Reason of their Punish_ment, will perceive, that they take their De_grees as they affect private Persons, parti_cular Magistrates, or are aim'd against the Government it self; and I may venture to say, that no Lawyer of Reputation will de_ny but what is set forth in the Information against John-Peter Zenger was of this last Kind, and that too conceived in the grossest Terms, such as will not admit of a diffe_rent Construction, or of any other mean_ing than what is put upon them by the Prosecutor for the Crown. Now I am sensible, that great Allowances are with good Reason made to Council in the Heat of Argument, and when supposed to be ani_mated with a laudable Zeal for their Clients. Nor has it been usual to correct them for every harsh and hasty Expression, provided they keep within Bounds, and stick to that which is their Duty, without running into Matters that have no Relation to the Issue, and cannot fairly serve the Side they es_pouse. Yet, as the Lord Chancellor Not_tingham occasionally said, Council should not speak as if they would abet the Guilt of their Clients rather than advocate for their Innocency. And since your ingenious Cor_respondent has clearly evinced, that the Truth of a Libel cannot be given in Evi_dence, that it is no Justification, on the general Issue, and consequently no proper De_fence to a Charge of that Nature; (of all which Mr. Hamilton could not, or ought not to have been ignorant,) it is worthy of Consideration whether he did not involve himself in his Client's Crime, and partake of his Cuilt, by declaring in the most pub_lick Manner, that the Facts published in the News-Papers, and contained in the Infor_mation, were true, and offering to prove them to be so before a Court which had no Power to redress the Grievances com_plain'd of, 4 Co. 14. Hob. 166,7.

Sir Bartholomew Shower, I remember in his Argument in the Case of the King a_gainst Berchet & al. asserts, that "in all Cases of Contempts to a Court, no Pre_sentment is necessary, no not so much as to convict; for if done in Facie Curi�, a Record may be made of it, and a Punish_ment judicially inflicted, and that exe_cuted immediately, Show. Rep. 110. And agreeable hereto, we find that in a late Case of the King against Thorogood, Trin. 9 Geor. primi, the Defendant having made an Affi_davit in C.B. and appearing on Summons, confess'd that he made it, and that it was false; whereupon the Court recorded his Confession, and ordered that he should be taken into Custody and stand in the Pillory, &c. which was executed accordingly the last day of the Term. Mod. Ca. in Law & Eq. 179, 180. This is the more remark_able, because it was in the Court of Com_mon-Pleas, which has ordinarily no Juris_diction in the Criminal Cases. &horfill; May it not from hence be inferr'd (I hint it with a due saving to all the just Privileges of the Bar) that the Court at New-York might well have recorded some of the most seditious Ex_pressions in Mr. Hamilton's Rhapsody, and committed him for the same, &c.? If they had, I doubt the Blame must have center'd in himself, and his own Conduct; of which therefore he might then have had leisure to repent, as well as of his long Journey to so ill a Purpose.

But it will not be amiss perhaps for Ex_ample sake, to give an Instance of what has been done on the like Occasion with that before us; and to this End I shall cite a Case in the Court of King's Bench many Years after that of the Star-Chamber was at an end, and which the Words of Sir Thomas Raymond was as followeth; "Me_morandum, June 18. 1680, Mr. Natha_niel Reading having been convicted (be_fore Justices of Oyer and Terminer by virtue of a Special Commission) for en_deavouring to persuade Bedlow, who was a Witness against the Noblemen impri_son'd in the Tower of London, to for_bear his Prosecution of them; and he the said Mr. Reading having had Judgment executed upon him by being set in the Pillory, and fin'd 1000l. and imprison'd for the same, but his Fine since pardon'd by the King, came this day into Court, and demanded that an Information which he there brought in his Hand might be received by Mr. Astrey against the Com_missioners who condemn'd him, of which my Brother Jones and Brother Dolben were two, and that the Information may be filed. But the Court did declare that he was in the wrong way to exhibit any Information in this manner, and did cause his Words, whereby he did accuse the two Judges of Oppression, to be recorded; and for these Words, and for that he was infamous by having been on the Pillory, the Gentlemen at the Bar did pray that his Gown might be pull'd over his Ears, he having been formerly a Practiser at the Bar, which was ordered and executed in Court; and he was also condemn'd in Court to pay the King 500l, and to lie in Prison till he paid it, Raym. Rep.376" The Trial of this Gentleman referr'd to here, may be seen in the State Trials, vol. 2 p. 253. on which Occasion the Lord Chief-Justice North made a Speech aggra_vating the Defendant's Offence as he was a Council, one who ought to be a Man of Know_ledge, and a Minister of Justice to assist the Court wherein he pleaded. He said he thought the Court ought to shew a more than ordi_nary Severity against such an one; and that 'tis a great Credit and Benefit to the Pro_fession, that the Members of it for such Of_fences should be dealt with more Severity than we should deal in other Cases. Id. p. 374, 5. Far be it from me to make any invidious Comparison here betwixt the present Prac_tiser in Pensilvania and the quondam one in Westminster-Hall, tho' they are both cele_brated, the one in the Trial of Mr. Zenger, and the other in his own. It may how_ever be noted that the latter was said to be artful, and affectedly eloquent, and to have strove to lead the Judges out of the Way, while he was told by the Chief-Jus_tice that his Defence was artificial, because it was nothing to the purpose; and by another of the Judges, that he disgrac'd his Profession by making so weak a Defence. But without adverting to any particular Beau_ties in the modern Performance, this is certain that Counsellor Reading lost the Bar-Gown by his Art, and Counsellor Hamilton got a Gold-Box of five Ounces, with the Freedom of the City of New-York by his. A pregnant Instance of the Caprici_ousness of Fate, and of the Justness of your late Correspondent's Observation at the En_trance to his excellent Remarks!

The Gentlemen of the Bar (as indeed it might well be expected from their Edu_cation, and the Nature of their Business) have been remarkable for observing the Re_gard that is due to all in Authority with the utmost Delicacy; and in Return, have al_ways been us'd with suitable Respect. But that the Lawyer of Philadelphia may see the Courts of Justice in former Ages, as well as of late Years, did not spare the unruly Members of the Profession, any more than others, for much less faulty Behaviour than that of the leading Councel in Zenger's Trial, I will refer him to a Case which happen'd Mich. 13 Eliz. Rot. 39, when Henry Blaund_ford a Counsellor at Law was committed to the Fleet, and fin'd for falsly reporting the Opinion of the Lord Leicester, and Secretary Cecil with these Words, Humanum est errare. And that even Noblemen met with the like Treatment, on such Occasions, will ap_pear from the Case of the Lord Stourton, who, 19 Hen. VIII. was committed by the Court, and fin'd for saying these Words, I am sorry to see Rhetorick rule where Law should.

Before I proceed, I will mention one Case more, purely to shew how dangerous it is to afford any unlawful Helps to Persons on their Trials in Criminal Prosecutions, even tho' it be merly by way of private In_structions, when such Instructions are to be publickly made use of, and import Scandal to the Government. It is the Case of the King against Aaron Smith, Mich. 35 Car. 2. in B.R. "This Term (says the Book which has the Allowance of all the Judges)Aaron Smith was brought into Court, being for_merly convicted on a Trial at Bar for de_livering to Stephen College, being upon his Trial at Oxford for High Treason, a Pa_per of Instructions, full of scandalous Re_flections upon the King and Government; as that they might as well have hang'd him at Tyburn as he came by, as brought him thither, only to murder him with a little more Formality. For which the Court gave Judgment that he should pay a Fine of 500l. stand upon the Pillory twice, and be of the good Behaviour for a Twelve_month, Skin Rep. 124. I shall only ob_serve this Case was upon an Information, so much inveigh'd against by Zenger's Coun_cel, and yet I never heard it censur'd at all, as was that of poor College, I own, with too good Reason.

It is now time to take notice, that there is, amidst a heap of Jargon and Absurdities, one obvious Mistake which runs throughout Mr. Hamilton's ostentatious Harangue, and that is in Relation to the Court of Star-Chamber. He wou'd suggest that because that Court was abolished by Act of Parlia_ment, on account of some insufferable Abuses that had crept into it, all the Cases that had been adjudged there, on Informa_tions for Libels, were consequently of no Authority. Whereas the Judgments given there, in Matters properly cognizable be_fore them, which Libelling especially was, are allowed to be good Law at this Day, and are constantly quoted, as such, in the Court of King's Bench. Indeed it is said that the Reasons of disallowing the Star-Chamber-Court, was because their Autho_rity was before and now is in B.R. and con_sequently that Court unnecessary, Comb. 36. So the Lord Chief Justice Holt declared that B.R. possest all the Lawful Power the Star-Chamber had, Id. 142. And that the Court of Star-Chamber was taken away, because the Crimes were punishable here, 5. Mod. 464; which is likewise intimated by the Statute itself. Now tho' I am as well satisfied, perhaps, with the taking away of the Court of Star-Chamber, considering the Occasion that had been given, as our Northern Barrister can possibly be, and shou'd equally rejoyce, I hope, at the re_dressing any other publick Grievance; yet I cannot, with him, condemn by the Lump, and argue that because that Court did some_things amiss, therefore it did nothing right. At this rate, every Court that had or has a Being may be in Danger of the same Epi_thets he loves to bestow on that we are speaking of; and it may as well be suppos'd that because a certain Set of Citizens not un_known to Mr. Hamilton, lately did a very silly thing, they therefore never did a wise one. For which Reason I presume it will not be altogether impertinent to produce the Sentiments of that Oracle of the Law, Sir Edward Coke, concerning the Court of Star-Chamber. "It is (says he) the most Honourable Court, our Parliament ex_cepted, that is in the Christian World, both in Respect of the Judges, and of their Honourable Proceedings according to their just Jurisdiction, and the ancient and just Orders of the Court. For the Judges of the same are, the Gran_dees of the Realm, the Lord Chancellor, the Lord Treasurer, the Lord President of the King's Council, the Lord Privy Seal, all the Lords Spiritual and Tempo_ral, and others of the King's most Ho_nourable Privy Council, and the Principal Judges of the Realm, and such other Lords of Parliament as the King shall name. And they Judge upon Confession, or De_position of Witnesses. And the Court cannot sit for hearing of Causes under the Number of eight at the least. And it is truy said, Curia Camer� Stellat�, si ve_tustatem spectemus, est antiquissima, si dignitatem, honoratissima. This Court, the Right Institution and ancient Orders thereof being observed, doth keep all England in quiet." 4th. Inst. p. 64. Confor_mable hereto, a late learned Writer who was advanced to the highest Post in the Law in a Neigbouring Kingdom to that of our Mo_ther Country, and wherein he dy'd, has a Paragraph, which I believe will give us a truer Account of the Court it self, and the Abolishment of it than what is to be learnt from our Barrister's Speech at New-York, and therefore I will insert it here. Disc. concerning Treasons and Bills of Attaind. p. 94. Printed Anno 1716. "The Court of Star-Chamber whilst kept with_in due Bounds, was certainly of the greatest use to preserve the Peace and Security of the Kingdom; and perhaps was the only Court which by its ordinary and proper Jurisdiction, cou'd effectually prevent and punish Riots, Perjuries and other Mis_demeanors of the highest Nature. But being made use of by the Court to sup_port Proclamations and Orders of State, and to vindicate illegal Commissions and Monopolies, that Extension of their Power became a Grievance insupportable, and the Nation was never easy till that Court was entirely suppress'd by Act of Parlia_ment. The House of Commons were so eager in their Zeal to destroy what they call'd a Court of Inquisition, that tho' the Bill was of so great Consequence, yet they sent it up to the Lords, with only once reading it, and without its being ever com_mitted, which was a Thing, perhaps never before heard of in Parliament. Cla. V. 1. 223.

I need only add on this Head that the Crime of Libelling is the same now, as it was while the Court of the Star-Cham_ber subsisted, and the Nature of the Of_fence the same then, as now; a Crime that must necessarily be punished as long as there are States and Communities esta_blished in the World. And our assuming Barrister will not find an Author that treats of the Crown Law since the Statute of 16 Cha. I Ch. 10. any more than before, but makes use of the Cases adjudged in the Star-Chamber generally as good Law, and of equal Authority in those Matters with such as were afterwards adjudged in the King's Bench. Some indeed are justly liable to Exception in the former, as we have also known too many in the latter, particularly during the next succeeding Reign of Ch. II. none whereof are, how_ever, God be praised, to be met with, or heard of since the glorious and happy Re_volution in 1688, which I trust has for ever excluded all Partiality and Oppressi_on from Westminster-Hall.

But the learned Lawyer of Philadelphia declares, that he has not in all his reading met with an Authority that says we can_not be admitted to give the Truth in Evi_dence upon an Information for a Libel. I don't know what this Gentleman's reading may be; but if he had read some of the Cases above-mentioned which could not well escape him, it might reasonably have been expected he would have taken Warn_ing, been a little more cautious, and not have ventur'd to incur the Penalties which others before him had so justly suffer'd. By all his Reading, he would insinuate, I sup_pose, that he had read all; and if that were true, it might well be thought he had read to very little Purpose, who could make so ill an Use of it, or think it a Duty on him to go to the utmost Parts of the Land, to propagate Doctrines and Principles dia_metrically opposite to, and just the Reverse of what he must have read. We shall soon discover that the Barrister's Reading is not quite so extensive as he would have it ima_gin'd. But it is previously to be ovserved, that if there were no such Authority in ter_minis as that he calls for, a Man who reads with any tolerable Understanding would of course infer the same Thing, when all the Books of the Subject of Libels lay it down as a Rule, which they unanimously do, that it is not material whether the Libel be true or false. For if that be not material, to what End should the Truth be offer'd in Evidence? Or, how should it be rejected before it was offer'd which undoubtedly is the Reason that there have been no late Instances of that Sort. It might suffice therefore to undertake as often as this well_read Lawyer produced a Precedent of its being demanded from the Bar to give Evi_dence of the Truth of a Libel, to shew that it was as often deny'd by the Court. And tho' I admit it has been attempted be_fore, on Trials for Libels of the less enor_mous Kinds, yet he is probably the only one that has done it in any Case within these hundred Years. However, if we would find an Instance of that Sort, we must necessarily have Recourse to the Pro_ceedings of the Court where that Crime was usually punished. The Star-Chamber Re_ports then may satisfy Mr. Hamilton, that Term Pasc. 7. Car. I. there was the Case of Coston, Gent. v. Hitcham Mil. Servient. ad legem, as follows. "The Defendent, the Morning before he went to the Sessions, being a Justice of the Peace, received scandalous and libellous Articles against the Plaintiff, carry'd them to the Sessions in his Pocket, and in open Court, in dis_grace of the Plaintiff, pull'd them out and said, you shall see what a lewd Fellow this is, and not fit to speak in this Place, and then caus'd the said libellous Articles to be read in the publick Sessions. And the Plaintiff then desiring a Copy of them, and to be tried upon them, the Witnesses to prove them being noted in the Margin, the Defendant did not suffer him to have a Copy, or to be tried thereupon, nor took any Course that he might at the next Sessions or at any Time after be questio_ned for them, but took the Articles again out of the Sessions and carried them away. And after, further to disgrace the Plain_tiff in his Practice (being an Attorney) sent the said Articles to Mr. Justice Harvey, at the Reference of a Cause to him, which Coston attended; and a Jury having given a Verdict against the Defendant, he sent for the Jurors and question'd them about their Verdict, and told them they were a Company of Fools, and that if there had been but one wise Man among them their Verdict had not been so. And for these Offences he was committed to the Fleet and fined 200l. In this Cause the De_fendant would have had Witnesses to prove the Matter of the said scandalous Articles to be true, but that was disallowed by the Court. Rush. Col. vol. 3. p. 36. in Ap_pend." This I presume the Barrister, when he is serious, will alow to be in Point, tho' it happen'd not to fall in the way of his Reading. He cannot object surely, that it does not appear to be on an Information preferr'd by the Attorney General, since it is a much stronger Case than if it had. For if the Court would not receive such Evi_dence in a Cause depending on the Com_plaint of a petty Sollicitor for being libell'd, and this too preferr'd against a Justice of Peace, a Knight, and a Serjeant at Law; a fortiori, they would never admit it on an Information exhibited by his Majesty's At_torney General, against a private Person for libelling the Government.

There was also as I have learnt divers Years before, viz. Mich. 2 Jac. the Case of Peter Brereton Clerk, for writing a scandalous Letter to Loyd Register of the Bishop of St. Asaph, and sent to himself, who was therein charg'd with Bribery and Extortion in his Office; for which libellous Letter the Defendant was sentenc'd, tho' as the Book has it, he would have undertaken to prove the Contents of the Letter to be true. Here then are two Precedents of what the Bar_rister himself had never met with in all his Reading; the one in a Case for libelling a practising Attorney, and the other of the Register of a Bishop's Court; but I believe I may defy this Gentleman, if he were to read as many more Years as he has done, to produce a third, where the Offence under Prosecution, being of the highest Degree, and levell'd at the Government, like that for which he was so zealous an Advocate, the Council for the Defendant dar'd to of_fer Evidence of the truth of it. On the contrary, if he had dipt into the Lord Chief Justice Keelyng's Reports, fol. 23 (before he left his Chambers) he would have there found it resolved by the whole Court, that tho' a Counsellor at Law may plead his Client's Cause against the King, yet if under Colour of that, he takes upon him to vent Sedition, he is to be punished.

It is no wonder indeed if our Barrister should be unapprized of Brereton's Case, it not being (at least to my knowledge) in Print; and you perceive I was under no necessity of mentioning it, being before provided with an Authority to my purpose. But it is reported as above in Part 2. Consid. 12. Sir Thomas Mallet's MS. Treatise of the Court of Star-Chamber, a Copy whereof has fallen into my Hands by the favour of a Friend. And since I have named this Work, I shall with his leave, take a Paragraph out of it, which I am persuaded will not be deemed unsuitable to the present Debate, after hint_ing that the Book seems to be wrote in the time of James I. when the Doctrine now revived, and so tenaciously advanced by Mr. Hamilton is said to have been long be_fore exploded as a gross Error. <"There are (says Sir Thomas) two gross Errors crept into the World concerning Libels; the one, that it is no Libel if the Party put his hand unto it, and the other that it is not a Libel if it be true; both which have been long since exploded out of this Court. For the first, the Cause why the Law punisheth libels, is for that they tend to raise the Breach of the Peace, which may as well be done, and more easily when the Hand is subscribed, than when it is not. And for the other, it hath been e_ver agreed, that it is not the Matter but the Manner which is punishable. For li_belling against a common Strumpet is as great an Offence, as against an honest Woman, and perhaps more dangerous to the Breach of the Peace; for as the Wo_man said, she should never grieve to be told of her red Nose if she had not one indeed. Neither is it a Ground to exa_mine the Truth or Falsehood of a Libel, because it is sub Judice, whether it be a Libel or not; for that takes away Sub_jectum Qu�stionis, and determines it to be no Libel by admitting the Defendant to prove the Truth, and the Defendant in that Case ought to plead a Justification and Demur in Law. But if he plead not Guilty, the Question is gone whether it be a Libel or not." Thus according to this Author's Opinion, who, if I mistake not, was one of the Justices of the Court of King's Bench in his Time, Mr. Hamilton, cou'd he really have persuaded himself that the Matter charged in the Information were not Libellous, as he insists they are not, wou'd have discovered more Accuracy in his Profession, as well as Candour in his Practice, by advising his Client to Demur to it, whereby he wou'd have admitted no more than what was avowed at the Trial on the general Issue. Then indeed it would have fairly come before the Court to be considered whether the Papers were libellous or not, and he as Council for the Defen_dant might regularly have been heard to it.

He wou'd then have been at liberty to exert his uncommon Talents, manifest his extraordinary Reading, his superiour Genius and great Skill in Language, and in explaining the true import of Words, without so directly flying in the Face of every Autho_rity, and opposing all the Cases that ever were adjudged concerning Libels before he was born and since. But alas! That would not have answered the Intention of our e_loquent Barrister. He would not then have had it in his power to use his Arts, and play his Game with a dozen honest men of as good natural understandings perhaps, tho' not of equal Experience and Cunning with himself. If he had gone that way to work, he would have had no chance for the Prize. Vain had been his Expedition, and lost, en_tirely lost, all his Labour. In a word, if the Learning and Integrity of the Bar only were required, he might as well have stayed at home, where, if I am rightly inform'd, there are Instances in abundance of the blessed effects of Mr. Hamilton's well-known Principles.

This sagacious Gentleman begs leave to observe, that Informations for Libels is a Child, if not born, yet nursed up and brought to full Maturity in the Court of Star-Cham_ber: But what is particularly to be inferr'd from this shrewd Observation, he does not at present tell us. If the Star-Chamber was the Court where Crimes of this Na_ture were generally punished, according to its ordinary and proper Jurisdiction, as it certainly was, how should it be otherwise than that Informations for Libels must be met with there? And considering the Anti_quity of that Court, 'tis more than proba_ble the Crime was first prosectuted and pu_nished in it. But what then? Is the Legi_timacy of the Child (if I may be allowed to carry on the Metaphor) therefore to be called in question? Or its Education the less honourable? I might put our witty Bar_rister in mind, that what I have mention'd is the very Reason why the spurious Brat he is so fond of, which was never brought to full Maturity, nor ever will, first appear_ed in the Star-Chamber, tho' it has not been heard of since in any other Court till very lately at New-York; I mean that of making Falshood to be essential to a Libel, and claiming a Right to give Evidence of the Truth of it by way of Justification.

He must however intend by the foregoing Passage to impeach the Legality of Infor_mations qua such (which by some Words that drop from him many Pages after, would seem to be what he aims at) or as they re_late only to Libels; and in either Case he will again betray the Scantiness of his Rea_ding and Knowledge in the Law. As to Informations in general, it has been incon_testably prov'd that this Method of Proceed_ing is no way contrarient to any fundamental Rule of Law, but agreeable to it. That it was the constant Usage, and had the Appro_bation of the Judges and Lawyers of all Ages, and in all Reigns, Show. Rep. 106, to 125. And in the Case of the Information against Seventy poor Persons for a Riot in pulling down Fences, &c. 2 W. & M. (which probably may be the same) it was said by Lord Chief Justice Holt, that "the Lord Chief Justice Hales complain'd of the Abuse of Informations, but not that they were unlawful; ----- That he shou'd not come now and impeach the Judgment of all his Predecessors; ----- That the Star-Chamber was not set up by the Statute of Hen. 7. but was as Common-Law, and Informations were accordingly brought in that Court and others. And the whole Court were of Opinion that Informations lay at common Law, 5 Mod. 463,4." Now this I take to be as good an Authority as the extrajudicial Opinions of those anony_mous Great Men who Mr. Hamilton says, have boldly asserted that the mode of Prosecution by Information is a National Grie_vance and greatly inconsistent with the Free_dom which the Subjects of England enjoy in most other Cases; nor can one forbear obser_ving, en passant, that he seems much more dispos'd, where there is no Danger at least, to follow the Example of bold than of wise and judicious Men.

This then being a Legal Course of Pro_ceeding in Criminal Cases, and for all pub_lick Offences, it must undeniably be as pro_per in the Case of Libels as in any others. And Sir B. Shower in reckoning up the se_veral Crimes that were cognizable in the Court of Star-Chamber, includes Libels among the rest, for which he says, There were always Informations in the Star-Cham_ber and King's-Bench. Show. 119. I am the more free in borrowing what I do from that eminent Practiser, on the Subject of Informations, because he had studied it well, and taken more than usual Pains therein; and as the Judgment afterwards given by the Court of King's Bench was pursuant there_to, so it seems to have put a Period in West_minster-Hall, to all Cavils against that Mode of Prose_cution.

If the Barister means notwithstanding to suggest moreover, that Informations for Libels are but of modern Date, or little longer Standing than about the Time of the Expiration of that Court, where he supposes they had their Origine, let him be further refuted by the above mentioned Sir Thomas Mallet, who wrote professedly on the Court of Star-Chamber, and may be supposed to be pretty well acquainted with his Subject. He tells us, that Treatise of the Court of Star-Chamber, ubi supra. "In all Ages Libels have been severely punished in this Court, but most specially when they began to grow frequent about 42 and 43 Eliz. when Sir Edward Coke was her Attorney General." And, treating of the Antiquity of that Court, he makes it very probably, that Id. I Part, 4th Consid. It was the most ancient of any Court of Justice, and the Mother-Court of the Kingdom; wherein he does not differ from Sir Edward him_self, in his 4th Inst. 64, already quoted. Now 'twas while this consummate Lawyer, it seems, was Attorney General to the re_nowned Queen Elizabeth, that Informations for Libels began to be most frequent, or in Mr. Hamilton's elegant Stile, when the Child was brought to full Maturity: And it is readily submitted to all who are vers'd in our History and Constitution, whether that Period will be any Disparagement to the Off_spring.

But if Informations for Libels in particu_lar were one of the Grievances of that Court, nay the chief, as the Barrister would labour to make his Hearers believe, how came they to be practis'd after the Abolishment of it? Or what will he say to the Case of the King against Darby, which was an In_formation exhibited against the Defendant, being an Attorney of the Common-Pleas, for defamatory Words only of Sir John Kay a Justice of Peace concerning the Exer_cise of his Office? The Words were, as they are set forth in Comb. 65. Sir John Kay is a Buffle-headed Fellow, (a pretty Thing to be proved in Court!) understands not Law, and is not fit to discourse it with me; he hath not done Justice to my Client. There it was argued for the De_fendant on a Demurrer, (and I chuse to re_cite it because of the Concessions of his Council against our Northern Advocate,) "That an Information would not lie for scandalous Words spoken only of a particular Person, because he might have an Action on the Case to recom_pence him in Damages. &horfill; 'Tis true, such a Proceeding might be warranted for Libels, or for dispersing defamatory Let_ters, because by such Means the publick Peace might be disturbed, and Discords fomented amongst Neighbours, which might at last be a publick Injury: But there is no such Thing alledged in this Case, only Words in common Discourse, for which an Action on the Case might lie, but no Information. On the other Side it was insisted, That this Information was founded on sufficient Matter, be_cause the Prosecution is not only as it re_spects the Person of Sir John Kay, but it relates to him as he is a publick Magistrate, and who is subordinate to the Government, and therefore such defamatory Words are a Reproach to the supreme Governor, by whom Magistrates are intrusted, and from whom they derive their Authority; and it will not be deny'd, but that Words reflecting on the publisck Government are punishable at the Suit of the King by an Information. ----- And for this reason the Court held that an Information would lie, and thereupon gave Judgment a_gainst the Defendant, and fined him an Hundred Marks. Carth. 14, 15.

Mr. Hamilton, who would seem to be more knowing than his Neighbours in ma_ny Things, affects to be more ignorant than every body, of what constitutes a Libel; and therefore altho' he pretends freely to acknowledge there are such Things as Libels, yet he insists at the same Time that what his Client is charged with, is not one; and if it be not, I will as freely acknowledge there can be no such Thing. He desires the Attorney-General to favour them with some Standard Definition of a Libel, by which it may be certainly known whether a Writing be a Libel, yea or not. And what is this for? Why truly to shorten the Dispute. But what Dispute does he speak of? The only Point that could admit of Dispute had been given up before by his confessing the Mat_ters in Issue, and the Prosecutors Witnesses being thereupon discharged. As to what he requires, either there was such a Defi_nition to be met with in the Books, or there was not: if there was, he ought to have known it; if there was not, why should he desire Mr. Attorney to favour him with one? Yet after he had been indulged be_yond measure, and a Definition was produced from a good Author, who besides re_fers to several others that are unquestiona_ble, all which conclude against his Client; is this loquacious Advocate contented? No. There are two Words to that bargain, as he had said before. He makes it a Founda_tion for further Disputes, and according to his wonted Ingenuity and Candour through_out his Reverie calls the concurrent Sense of our Books, Mr. Attorney's Rule, and Mr. Attorney's Doctrine.

"But what certain Standard-Rule, quoth he, have the Books laid down, by which we can certainly know whether the Words are malicious? Whether they are defamatory? Whether they tend to a Breach of the Peace? and are a sufficient Ground to provoke a Man, his Family or Friends to Acts of Revenge? &c." Now these Queries methinks do not so well be_come the Mouth of an Acvocate, as they might that of his Client when abandoned to his own Defence in a desperate Cause. But I answer, no Rules certainly can be of Use to those who are determined to act without any, or in Opposition to all Rules, in which Class our Northern Barrister must be placed, if we are to frame a Judgment of him from the Share he bore in this Trial. The Rule laid down in our Books concern_ing Libels (I speak of Libels in the strict Sense according to the Definition of Mr. Serjeant Hawkins referred to in the Trial, and which alone concerns the present Case) is founded on the Reason of the thing; and is the same which is to be observed in other Matters that depend upon the Construc_tion of Words and Writings, which are Signs only, or Images of Ideas intended to be conveyed to the Understandings of the Reader. There may indeed, be divers Rules applied according to the Circum_stances of the Case; and this among the rest, that where Words are capable of two Sen_ses, the one faulty, the other innocent; the latter is to be taken, provided such a Con_struction may be made without violence to their natural Import and Meaning. From whence it will follow, that the same Cases may happen that are doubtful, and do not come under any Standard-Rule, on all which Occasions honest and upright Judges will incline to the favourable side: There may be others again so clear and evident, that a Man must resign his Reason, or resolve to sacrifice his Conscience that does not dis_cern, or will not allow them to be Libel_lous. But in none of these Cases can it come properly to be a Question before the Jury, whether a libel or not, on the Plea of not Guilty, tho' it might afterwards be so, before the Court in Arrest of Judgment. By what has been said, there appears to be Latitude enough for a skilful Pen, (who notwithstanding must do it at his Peril) to lash publick and private Vices, to caution the People against Measures that may be hurt_ful to them, or to remonstrate against the evil Practices even of those in Power, with_out being always exposed to the Penalties of the Law. Such a Liberty of Writing and Printing, under due Restriction, I own Englishmen ought not, and I hope never will be deprived of; and where this is dextrous_ly done, it would be rediculous for private Persons to put the Cap on their own Heads, and no less impolitick for those in high Sta_tions to apply every thing to their Admi_nistration. When such a Work is under_taken by able Hands, and with a generous View of serving the Publick, it is always laudable, and often very useful; but to suc_ceed herein, requires a Capacity and Ta_lents not to be discovered in Mr. Zenger's News-Papers, or his Council's Speech.

I perceive my Letter is unawares run to a great Length, by the Quotations that are interspers'd, and which yet I am sensible is the least Exceptionable part of it. I shall therefore take notice but of one thing more in this matchless Harangue, which indeed ought not to be forgot because it is made the Basis and Foundation of the whole; and that is concerning the Right of Freemen to complain when they are hurt. This our Lawyer often asserts in general Terms, with some Variation only of the Expression. As to which, I wou'd ask whether by it he means a Right to remonstrate and complain in a Legal way, or a Right in all Cases to appeal to the People by seditious and scanda_lous Libels? If the former, no body ever deny'd it, and what he said was not ad idem; so that he was fighting with the Air, and quarrelling without an Adversary: If the latter, he dishonour'd his Gown by ad_vancing what is notoriously repugnant to all Laws human and divine. It was rul'd in the Court of B. R. Trin. 16 Car. That al_tho' a Bill be prefer'd in the Star-Chamber against a Judge for Corruption, or any other for any great Misdemeanor, yet if the Plain_tiff will tell the Effect of his Bill in a Ta_vern, or any open Place, and by that means scandalize the Defendant, the same is punishable in another Court. March Rep. 76, 77. So in the Case of Hole and Mellers, 28 Eliz. in C. B. it was said by the Court, that altho' the Queen is the Head and Foun_tain of Justice, and therefore it is lawful for all her Subjects to resort unto her ad facien_dam Querimoniam, yet if a Subject, after the Bill once exhibited, will divulge the Matter therein comprehended, to the Disgrace and Discredit of the Person intended, it is good Cause of Action, 3 Leon. 138. And to the same Purpose, in a much later Case, viz. that of Lake and King, reported in many of our Books, to which Mr. Serjeant Haw_kins refers, it seems agreed, as he observes, that whoever delivers a Paper full of Re_flections on any Person in Nature of a Pe_tition to a Committee of Parliament, to any other Person except the Members of Parliament, may be punished as the Pub_lisher of a Libel, in respect of such a dispersing thereof among those who have nothing to do with it. I Hawk. Chap. 74. Sect. 12.

But our forward Barrister, aged and infirm as he represents himself (which compar'd with the Conduct is the keenest Satyr that could be suggested of him) ought to be fur_ther instructed, that even where Complaints are to the King himself, they must be made in a proper and regular Manner, a Decency is to be observ'd, and a Regard always had to the Characters, and Stations of the Per_sons against whom such Complaints are made. In 13 R. II. Rot. Parliament. No. 45, the Commons desir'd they might not be troubled for any Matter that should be con_tained in Petitions to the King; and the King answer'd, let every Man complain, so it be with Law and Reason. It is lawful therefore, no doubt, as it has been resolv'd, for any Subject to petition to the King for Redress, in an humble and modest Manner, where he finds himself aggrieved by a Sentence of Judg_ment; for Access to the Sovereign must not be shut up in Case of the Subjects Distresses. But on the other side, it is not permitted un_der Colour of a Petition and Refuge to the King, to rail upon the Judge or his Sentence, and to make himself Judge in his own Cause by prejudging it before a Rehearing. Hob. 220. Yet Sir Rowland Flaxing was committed and deeply fined for reporting to the King, that he could have no Indifferency before the Lords of the Council. 7 Feb. 18 Hen. 8. So likewise in the Time of Hen. 7 Sir Richard Terrets was committed, fined, sent to the Pillory, and adjudged to lose both his Ears, for his slanderous Complaint ex_hibited to the King in a written Book against the Chief Justice Fitz-James. Which Cases are cited by Chief Justice Montague, in the Case of Wraynham, (who was severely punished for an Offence of the same Na_ture) as reported in the Collections relating to the Life of Lord Verulam, P. 22. To these may be added, Jeffe's Case in the Kings-Bench, Mich. 5 Car. Jeffe was indicted, for exhibiting an infamous Libel directed to the King against Sir Edward Coke, late Chief Justice of the King's-Bench, and a_gainst the said Court, for a Judgment given in the said Court in the Case of Magdalen-College, affirming the said Judgment to be Treason, and calling him there_in Traitor, perjur'd Judge, and scandalizing all the Professors of the Law. He fixed this Libel upon the great Gate at the En_trance of Westminster-Hall, and in divers o_ther Places; and being hereupon arraigned, prayed that Counsel might be assign'd him, which was granted; and he had them, but would not be ruled to plead as they advised, but put in a scandalous Plea; and insisting upon it, affirmed he would not plead other_wise. Whereupon it was adjudged he should be committed to the Marshal, and that he should stand upon the Pillory at Westminster and Cheapside, with a Paper mentioning the Offence, and with such a Paper be brought to all the Courts of Westminster, and be con_tinued in Prison, until he made his Submis_sion in every Court, and that he should be bound with Sureties to be of good Beha_viour during his Life, and pay a thousand Pounds Fine to the King. Cro. Car. 175, 6.

What now shall we say, or what must be thought of one who, while he pretends to great Reading and a thorow Knowledge of these Things, could yet in the Face of a Court, and in Defiance of its Authority, and indeed of all Authority, presume to jus_tify the Publication of the most audacious Libels against that very Government under which he was breathing the Sedition! A Person, who, as a Counsellor at Law, boast_ing at the same time of having seen the Practice in very great Courts, would dare to call such Publication, address'd to the People, The just Complaints of a Number of Men who suffer under a bad Administra_tion! Some of the Words charged in the Information, and which Mr. Hamilton of_fer'd to prove, are, That the Law was at an end. I can't tell what Proof he had to give of this Fact, but surely if his Doc_trine were to prevail, it must soon be the Case; and for my own Part, I will confess, I have not hitherto heard of any Thing in that Province, which look'd so much like it, as that such a Behaviour should not only go unpunish'd, but be attended with pub_lick Munificence and Applause. The Truth is, this Gentleman, tho' stil'd a Barrister at Law in the Order of the Common Council of the City of New-York, and which Title therefore I have likewise given him, seems notwithstanding, instead of maintaining that Character, in the Trial before us, to be ra_ther possess'd with a Fit of Knight Erran_try, and to have sally'd out from Philadel_phia to the other Province, with a full Re_solution to encounter every thing that was Law, and to level all to the Ground that stood in his Way. &horfill; Let the Reader then be Judge upon the whole, whether he comes within the Description of that mischie_vous Animal I mentioned towards the Be_ginning of these Sheets.

After all, I flatter my self it will not be imagined, that I was stimulated to these hasty Animadversions by a Principle of En_vy to Mr. Hamilton, or any Disrespect to those who were pleased to patronize his Performance, since they are utter Strangers to me, and probably will ever remain so. On the contrary, they may believe me, when I declare, that if the one had really merited what the others were of Opinion he did, I should with much more Pleasure have sig_nify'd my Approbation of the Conduct of both, than I now take in shewing my Dis_like. 'Tis on this score, Sir, that I cannot conclude, without publickly returning my Share of the Thanks that are due from the Fraternity to your Friend, the polite Author of the former Letter, who has done Justice to the Bar by his Remarks, which in my humble Apprehension, are worthy of any Gentleman at it, either here or else_where.

I am Yours, &c. INDUS BRITANNICUS.FINIS. |CMS |Y1643 A true and exact RELATION of the Marchings of the Two Regiments of the Trained Bands of the City of London, Being the Red & blew Regiments, As also Of the three Regiments of the Auxiliary forces, the Blew, Red, and Orange, who marched forth for the reliefe of the City of Glocester from August 23. to Sept. 28. Wherein the most materiall passages of every dayes Marchings are briefly delineated. As also a true description of the severall battells and Skir_mishes had against the Enemy at Stow the old Sept. 4. at Aburne Chase September 18. and at Newbery Septem. 20. Set forth for the satisfaction of many who earnestly desired information herein, By Henry Foster, quondam Serjeant to Cap. George Mosse. &horbar This is licensed and entred into the Hall book. &horbar Exod. 15.6,7. Thy right hand, O Lord, is become glorious in power; thy right hand, O Lord; hath dashed in peeces the enemy. And in the greatnesse of thine excellency thou hast overthrowne them that rose up a_gainst thee; thou didst send forth thy wrath, which consumed them as stubble. &horbar London, Printed for Ben. Allen in Popes-head-Alley, Octo. 2. 1643. A TRUE RELATION OF THE Diurnall Marchings of the Red and Blew Re_giments of the Trained Bands of the City of London, as also the three Regiments of the Auxiliary Forces. Wherein the most materiall passages of every dayes Occurrences are briefly delineated.

VPon Wednesday the 23 of August, our red Regiment, of the Train'd Bands marched into the new Artillery ground, and from thence that night wee marched to Brainford, and came thither about one a clocke in the morning; from whence the next day many of our Ci_tizens, who seemed very forward and willing at the first to march with us, yet upon some pretences and faire excuses re_turned home againe hiring others to goe in their roome; others retur_ned home againe the same night before they came to Brainford.

Upon Friday the 25 of August, wee advanced from Brainford to Vx_bridge, where our Regiments were Quartered there that night, and marched away the next morning.

Saterday the 26 of August we advanced to a Towne 6 miles beyond Vxbridge called Chaffan, where wee were quartered that night; at this towne a souldier belonging to Lievtenant Colonell Tompson was acci_dentally slaine by shooting off a musket by one of his fellow Souldiers though at a great distance from him, yet shot him in the head where_of hee died.

Sabbath day 27 August, we advanced from Chaffan neere to a village called Chessun; this day the Blew Regiment of the Trained Bands, and the three Regiments of the Auxiliary forces met us upon a great Common about three miles from Chessun, our whole Regiment was quartered at one Mr. Cheyneys house an Esquire, where we were well accommodated for Beere having great plenty, tow or three hundred of us this night lay in one Barne.

Monday the 28 of August, we advanced from thence to a towne cal_led Asson-Clinton a little village 3 miles from Alesbury, wee continued here one day and two nights.

Wednesday the 30 of August, wee advanced from thence to a village called Clayden; this day the Lord Generalls Army and our Regiments of the Trained Band, together with the Auxiliarie forces met at Alesbury; the great Guns were fired at every Fort about the Towne, as the Lord Generall passed by: This was the Fast day: our Regiment was quartered this night at Sir Ralph Verneys House a Parliament man; his Father the Kings Standart-bearer was slain at Edge hill.

Thursday the 31 of August, wee advanced from thence to a village called Stretton-Araley; this night all our Brigade consisting of six Re_giments; viz: Colonell Manwarings Red Regiment, two Regiments of Trained Bands, and three of the Auxiliary, were all quartered at this little village, it is conceived wee were in all of this Brigade about 5000. here was little provision either for Officers or souldiers, the night before we came hither, the Cavaliers were at Bister two miles from this village and 6 miles from Oxford but were beaten out of it by our soul_diers and the Lord Generall with his army quartered there this night.

Friday the 1 day of September, wee advanced from hence to a place called Bayards-greene in Oxford shire, being three miles distant from Brackley, and eight miles from Banbury, where our Brigade met my Lord Generall with his whole Army; whereat was great shouting and Triumph as he passed by to take a view of our Regiments, the whole Army being drawne up in their severall Regiments, continued there about an houre and then we marched away: It was a goodly and glo_rious sight to see the whole Army of Horse and foot together; it is conceived by those that viewed our Army well, that wee did consist of (to speake of the least) 15000 horse and foot, some speak of many more. This day good newes was brought to us concerning Glocester, and Ex_eter. From hence we marched this day to a village called Souldern, foure miles from Banbury, where our six Regiments that came from London were Quartered; and my Lord Generall and the rest of the Army were Quartered about a little mile from us, at a Market town called Ano on the hill; we were very much scanted of Victualls in this place.

Saterday 2 Septem. wee advanced from hence to Hooknorton, 25 miles from Glocester, at which Village our whole Brigade was quartered. This day the Lord Generals Troops had some skirmish with the Ca_valiers; it is reported there was eight slaine of the enemies party and one on ours. From hence we marched away the next morning.

Sabbath day 3 Septemb. wee advanced from hence to a little Village called Addington about a mile from Stow the Old, the hithermost town in Glocester-shire, and about 20 miles from Glocester; where in our march this day, wee againe met the Lord Generalls Army, upon a great common about halfe a mile from Chippingnorton; at which place also our five Regiments departed from his Army, and marched to the Village aforesaid. The blew Regiment of the Train'd bands marched in the van and tooke up the first quarter in the town; the other 3 Regiments of the Auxiliary forces, were quartered at the adjacent villages; whereupon our red Regiment of the Trained Band was constrained to march halfe a mile fur_ther to get quarter, we were now in the Van of the whole Army, having not so much as one Troope of Horse quartered neer us: but we were no sooner in our quarters , and set downe our armes, intending a little to refresh our selves; but presently there was an Alarme beat up, and wee being the frontier Regiment neerest the enemy, were presently all drawn up into a Body, and stood upon our guard all that night, we were in great distraction, ha_ving not any horse to send out as Scouts, to give us any intelli_gence: my Lord Generall with his Army lay at Chippingnorton, about three miles behind us; who had an Alarm there given by the enemy the same night also: Our Regiment stood in the o_pen field all night, having neither bread nor water to refresh our selves, having also marched the day before without any suste_nance neither durst we kindle any fire though it was a very cold night.

Munday 3 Septemb. we got some refreshment for our souldiers, which was no sooner done, but news was brought to us, that the enemy was within halfe a mile of the Town, which proved to be true, for presently one rid downe to us having his horse shot in the neck all bloody, and told us the enemy was at the towns end; also one Trooper slaine a quarter of a mile above the town, one of our souldiers stript him, and brought his clothes to us: It was a little open Village, the enemy might have come in upon us e_very way, therefore we conceiving it not safe to abide in the town, drew up our Regiment presently in a body, and marched into a broad open field to the top of the hil, the blew Regiment of the train'd Bands were quartered within lesse than half a mile of us, but came not up to us: Being come into the field we saw about 4 or 5000 of the enemies horse surrounding of us, one rid post to my Lord Generall to informe him of it. One great body of their horse stood facing of us upon the top of the hill at our townes end, within lesse than a quarter of a mile from us, another great body of their horse was in the valley, upon our right flank as we stood; and a third great squadron of their horse were going up to the top of a hill, in the reere of us; by all which it appeares, they had an intent to have surrounded our City Regiment, and to have cut us off; we stood and faced one another for the space of halfe an houre; then 6, or 7. of our men who had horses, rod up to them and came within lesse then musket shot, florishing their swords, daring them, and one or two of our men fired upon their forlorne hope: we had lyned the hedges with musketeers, which they perceiving did not move towards our body, but only stood and faced us. Then some of the Auxiliary forces came up to us, at whose coming we gave a great shout: and then by and by after we saw my Lord Generals forces comming down the hill about a mile and halfe behind us: my Lord drevv out the forlorn hope upon the hil as they came dovvn; who fired 3 or 4. Drakes against the enemies horse that were neer them on the top of the hil, that were coming upon the reer of us, and made them retreat to the rest of the body their intent was to have compassed us in on ever_y side, but the Lord prevented them, they might have spoiled our whole Regiment, had they in the morning come down upon us when we were taking a little food to refresh our selves, the enemy being then but a half a mile off; a great many of the Cavaliers lay all night, within lesse then a mile of us, which we perceived in our march the next day, I hope the mercy of that day, wil not bee forgotten.

When this was done, my L. Generals forces marched up to our Brigade: when they were come we drew forth our Forlorn hope, and marched up to the body of their Horse that stood facing us on the top of the hill: we fired some Drakes at them, they retreated: then the Lord Generall drew up his great Guns, they faced us againe, we fired two great Peeces of Ordnance at them, and then they retreated up to the Towne of Stow, and drew up all their horse into a body, and stood upon the side of the hill facing us: then we let flye two or three of our greatest Ordnance at them; they all fled, and wee pursued them and followed them three miles: Then they stood and faced the Lord Generall a_gaine about the going downe of the Sun, we fired at them a great while, marching up towards them five or sixe Regiments together; all in a body, about 800 or 1000 abrest, sixe deep we having roome enough, it being a brave champian country: which goodly shew did so much the more daunt the enemy, that (as it is reported) Prince Rupert swore, hee thought all the Round-heads in England were there.

In the first Skirmish we lost but one man, who was slaine by our owne Cannon through his owne negligence, and another sore burnt and hurt by the same Peece. When we came to Stow, the Cavaleers reported that they had killed twenty of our men, and we two of theirs; but we heare there were sixe of their men slaine, some horses killed, and five prisoners taken. Prince Ru_pert was there, and some say the Lord of Holland also. Our men pursuing them skirmished till nine of the clocke at night; wee marched after them till twelve of the clocke at night: we lay all in the open field upon the plowd-land, without straw, having neither bread nor water, yet God enabled our Souldiers to un_dergoe it cheerfully, there was not one feeble sick person a_mongst us, but was able to march with us the day following.

Tuseday September 25. we advanced from that field neare to a Towne called Prestbury, withing sight of Glocester, about seven miles from it: This day the whole Army marching together, it fell to our red Regiment of the Trained-bands to march in the Reare of the Waggons, and had charge of them: about sixe of the clocke the Lord Generall comming to the top of a high mountaine or hill, called Presbury-hill, where we might see the City of Glocester, he commanded foure or five great Peeces of Ordnance to be fired; some say it was against the Cavaleers, who were about a mile off, in the Towne below the hill: others say it was to give intelligence to Glocester of our approaching to their reliefe. The Army marched downe the hill, and hastened to the adjacent Villages for Quarter, but before the Waggons could come to the top of the hill, night drawing on it began to be very darke, so that our Waggons and Carriages could not get downe the hill, many of them were overthrowne and broken, it being a very craggy steep and dangerous hill, so that the rest of the Waggons durst not adventure to goe downe, but stayed all night there: sixe or seven horses lay dead there the next mor_ning that were killed by the overthrow of the Waggons: our red Regiment having charge of the Waggons, were constrained to lye all night upon the top of this mountaine, it being a most terrible tempestuous night of winde and raine, as ever men lay out in, we having neither hedge nor tree for shelter, nor any su_stenance of food, or fire: we had by this time marched sixe daies with very little provision; for no place where we came was able to releeve our Army, we leaving the Rode all the way and mar_ching through poore little villages: our souldiers in their mar_ching this day would run halfe a mile or a mile before, where they heard any water was such straits and hardship our Citizens formerly knew not; yet the Lord that called us out to doe his worke enabled us to undergoe such hardnesse as hee brought us to. This evening the Lord Generall was faine to fight for his Quarter, and beat the enemy out of it, at a market-Towne called Cheltnam, five miles from Glocester, and two miles from this hill; about midnight we had two Alarms upon this hill, in the midst of all the storme and raine, which together with the dark_nesse of the night made it so much the more dreadfull, which al_so caused a great distraction among our Souldiers, every one standing upon his guard, and fearing his fellow Souldier to bee his enemy. Many other particular sad stories of this tempestu_ous stormy night I leave to the relation of others: one young man of the Colonels company was shot in this confusion upon this hill, whose death will be much lamented by his Parents and Friends, from whom he received a Letter but a few dayes before to returne home.

The next morning, being Wednesday Sept. 26. our Souldiers came downe from that hill into the village aforesaid, being wet to the very skin, but could get little or no refreshing every house being so full of Souldiers: The Cavaleers were in the Towne but the day before. Wee stayed here but two or three houres that morning, and then wee had an Alarm that the Cavaleers were neere the Towne with a great body of horse: We were all presently drawne up into a body in the field; our souldiers be_gan to complaine pitifully, being even worn out and quite spent for want of some refreshing, some complaining they had not eat or drunke in two dayes, some longer time. Yesterday the enemy raised their siege from before Glocester: this day our two Regi_ments of the Trained Bands marched to a little village called Norton, three miles wide of Glocester, and foure miles from Teuxbury, where our Souldiers had some reasonable accommo_dation and refreshment: in this village wee had many Alarms: we continued here two dayes and two nights.

Thursday Sept. 7. the Kings forces fell upon some of our troops of horse at Winscombe, they being secure, the enemy killed ma_ny of them, and tooke many prisoners, and some Colours: the Regiments of our horse there did belong to Col. Vere and Col. Goodwin. The Auxiliary Regiments were quartered within two miles where this was done. This night about seven of the clock there came a command for our Regiments of the Trained-bands to march five miles back againe in the night but it being a very darke night, and our men worne out and spent with their former marching, they refused to goe; but next morning, being Friday Sept. 8. we had a command to march into Gloucester, which ac_cordingly we did: The Lord Generall with the whole Army marched into Glocester this day.

The Citie was exceeding full of horse and foote: the enemy be_sieged this Towne a full moneth and three dayes. They had ma_ny strong assaults against it, and battered some of their workes; & in two or three places they had begun to undermine the gates, and out-workes, but were met with by the Citie forces, who did undermine within to meet them: without they shott many gra_nadoes of great weight, which when they fell in the Citie were red as fire; yet blessed be God, kild not one man therewith; one_ly tore up the ground as if a Beare had been rooting up the earth: The Inhabitants of the Citie report that the enemy shot 140 shot great and small in one day, and yet killed neither man woman nor childe; they lost but about thirtie in this Citie during the time of this siege; most of which, as is reported, were shot in the head, in peeping through some holes at the enemy; wee found very lo_ving respect and entertainment in this Citie, they being very joy_full of our coming; wee abode here fryday-night and Saturday, and marched away on Sabbath-day-morning: the Lord Generall left in this Citie three great pieces of Ordnance, as also many score barrells of powder, with match and bullet proportionable, furnishing them to their hearts desire.

Sabbath day Septemb. 10. the whole army advanced from Glo_cester to Tewksburie, where wee abode foure dayes and five nights, till Glocester had provided themselves of corne and other provisi_ons: the enemy had cut off from the Citie all their pipes of wa_ter, and burnt their Mills: My Lord Generall summoned this Towne of Tewksbury, and demanded the twentieth part of their estate for the reliefe of Glocester. Wee were at this Towne five dayes, from Sabbath day till fryday Septemb. 15. On thursday_night the enemy did fall upon some of our troopes of horse, who were quartered about three miles from Tewksbury, of the regi_ment belonging to Sir James Ramsey, they slew many of our men, and took many others prisoners. Wee took foure of them priso_ners; but the greatest losse was sustained on our side. Before wee marched from this Towne, the Lord Generall gave order for the making of a bridge over the River Severne neere Tewksbury, as if our intention had been to march with our army over there to Worcester; which caused the enemy to draw their forces thither, as a place of refuge: The wisdome and policie of the Lord Gene_rall and Counsell of warre, as also their great care for the preser_vation of our Army, is highly to be commended and never to be forgotten; and may serve to stop the mouths of all such as shall hereafter be opened against him: for had the enemy knowne which way we had marched, they might have had us at a great advantage, by gaining the hills; wee being now in the vale of Esum, and all our great Ordnance and Carriages to be drawn up those hills, they might have kept us there all this winter, & star_ved our army: but blessed be God, we all marched away with safetie. One that was present at Esum, where the King with his Army lay, affirmes that when tydings came to the King that wee were marched from Tewksbury, they did stamp and swear and curse their Scouts exceedingly, that they gave them no better in_telligence of our departure. And the same day we marched from Tewksbury the King with his Army and traine of Artillery mar_ched from Esum after us, as will appeare in the ensuing matter.

Fryday Septemb. 15. our whole Army advanced from Tewks_bury to Ciceter, ali�s Cirencister 17 miles we marched all night, and sate down before it about three aclock in the morning: when we came thither Sir Robert Pye marched up to the Towne, and with some Muskettiers he gave fire upon the Centinells, killed one of them, and wounded the other; Sir Robert himself received a shot in the arme: the Cavaliers yeelded the town and desired quarter: wee took 225. prisoners, whereof 10. were Commanders, we ty_ed them two and two together with Match, and brought them along with us: we took also 27 waggon-load of provision, which the Cavaliers had provided for the reliefe of their own Army: they had taken the School-house, belonging to the Towne, and made it their store-house, to lay in such provision as they made in the Countrey to bring in: they slew one man of ours, who was pistold by one that took him prisoner: we killed 2. or 3. of them.

Saturday Septemb. 16. we advanced from Ciceter five miles to a village called Letton, where our London-Briggade was quartered that night; the Lord Generall with his Army quartered a mile further at a Market-towne in Wiltshire called Cricklet; at the vil_lage aforesaid were ten cart-load of Cavaliers, who were sick and lame, and brought thither to be quartred, who when they heard we were marching to this place, they then found their leggs and run away: this day we had a wet march, and in the night a false alarm.

Sabbath day Septemb. 17. we marched from Cricklet to a Mar_ket-towne called Swindowne 8 miles. This morning newes was brought that the Cavaliers were come to Ciceter, and had taken and kild many of our men, who stayed behind drinking and neg_lecting to march with their Colours, who are not much to be pittied: this day we drove along with our army about 1000 sheep and 60 head of Cattell, which were taken from Malignants and Papists in the Country for the maintenance of our army: 87 sheep was allotted for our red Regiment, but wee afterwards lost them all, when we came to fight; it being every mans care then to se_cure himselfe, and to see to the safetie of the Army: this night our London-Briggade was quartred 2 miles beyond the Lord Gene_ralls quarters at a little poore village called Chizelton, where wee could get no accommodation either for meat or drink, but what we brought with us in our snapsacks: most of us quartred in the open feild, it being a very cold frosty night, wee marched away hence the next morning.

Munday Septemb. 18. we advanced from this village about two miles to a place called Abern-chase, where newes was brought to the Lord Generall, that the enemy was coming upon us with a great body of horse, which caused the Lord Generall to make a stand, our whole Army being in a deep valley, and the enemy up_on the hills on our left flank, we drew up all our Army into a bo_dy to the top of the hill, where we had a full view of the enemy o_ver against us: there appeared a great body of their horse; it was conceived there was 7 or 8000 but no foot that we could discerne; we stood a while and faced them; then one small body of horse as a forlorn hope marched up the hill to them, and fired upon them, and then retreated to their main body in the valley; the enemy followed our horse in their retreat, firing at them all the way very feircely; then we fired some Drakes at their horse, but did little execution; then our body of foot was drawne downe from this hill to the top of another high hill, where we stood and faced the enemy, having a full view of all that was don between our horse and theirs: our foot were not ingaged at all in this fight, except two Regiments onely: Then Collonell Meldrams and Colonell Harvies troops drew up in a body & gave the enemy a very feirce charge, which was performed with as brave courage and valour as ever men did, and then wheeled about to a Regiment of our foot that stood in the reer of them, the enemy pursued them in their retreat, skirmishing one at another all the way: what num_ber was slain in this fight is not yet known: here Cap. Willet recei_ved a shot from the enemy, of which wound he is since dead: we lost no other man of note in this fight: one man of great note and esteem of the enemies partie was here slaine, Marquesse de la Veel, his father is Lord high Marshall of France, and chiefe Com_mander in the feild: we took up his body and carried it to Hun_gerford; I viewed his wounds, he received three shot in his body from us, one in his right pap, another in the shoulder, and a third in the face: from this place all their horse gathered into a body when it begun to be dark, and so ours likewise, and wee marched away that night to Hungerford 5 miles: our red Regiment with some other Regiments were quartred a mile on this side Hunger_ford, at a little village called Skelton; those that marched in the reer of the Army, were marching this 5 miles all night: we were much distressed for want of sleep, as also for all other sustenance; it was a night of much raine, we were wet to the skin: this day we took 25 Cavaliers at Hungerford, whereof one was slaine.

Tuesday, Septemb. 19 we advanced from Hungerford to a vil_lage called Embry, about a mile and halfe from Nubury: the Lord Generall had intent to have quartered at Nubury that night, but the King got into the Town that day before, and so we were pre_vented. This morning a Trumpetter came from the King to the Lord Generall, to desire that Chyrurgions and Doctors might have free accesse from them to the Marquesse that we had taken. But the Messenger came to late: for the Marquesse was past their cure. The Lord Generall told him, if they pleased to send for his body, they might have it. The death of this Marquesse hath much inraged the enemy, being one whom they did highly e_steem. This night our whole Army quartered in the open field; we had no provision but what little every one had in his Snap_sack. We had now marched many dayes and nights with little food, or any sustenance, and little sleep. This night the King sent a challenge to the Lord Generall, to give him battell the next morning, which accordingly was performed; and in the night our enemies gained the hills where they intended to give us bat_tell, they planted their Ordnance, got all advantages they could desire, before our Army marched up to them: Yet now wee see there is neither wisedome, nor policie, nor strength, against the Lord; yea, had not the Lord himselfe been on our side, they had swallowed us up quick, so great was their rage and fury stirred up against us, they being confident of the victory before we came to fight: But let not him that puts on his harnesse boast as he that puts it off. For it was not our owne arme that saved us, but the right hand of the Lord became glorious in that day, to get him_selfe a glorious name.

The next morning, Septem. 20. very early before day, we had drawn up all our Army in their severall Regiments, and marched away by break of day; and then advancing towards the enemy with most cheerfull and couragious spirits: The Lord Roberts souldiers had begun to skirmish with them before we came up to the enemy; which we hearing, put us to a running march till wee sweat again, hastening to their reliefe and succour. When wee were come up into the field, our two Regiments of the trained Bands were placed in open Campania upon the right wing of the whole Army. The enemy had there planted 8 pieces of Ord_nance, and stood in a great body of Horse and Foot, wee being placed right opposite against them, and far lesse then twice Mus_ket shot distance from them. They began their battery against us with their great Guns, above halfe an houre before we could get any of our Guns up to us; our Gunner dealt very ill with us, delay_ing to come to us: our noble Colonell Tucker fired one peece of Ordnance against the enemy, and aiming to give fire the se_cond time, was shot in the head with a Cannon bullet from the enemy. The blew Regiment of the trained Bands stood upon our right wing, and behaved themselves most gallantly. Two re_giments of the Kings Horse which stood upon their right flanke a far off, came fiercely upon them, and charged two or three times, but were beat back with their Muskettiers, who gave them a most desperate charge, and made them flie. This day our whole Army wore green boughes in their hats, to distinguish us from our enemies; which they perceiving, one regiment of their Horse had got green boughes, & rid up to our regiments crying, Friends, friends; but we let flie at them, and made many of them and their horses tumble, making them flie with a vengeance. The enemies Canon did play most against the red Regiment of trained Bands, they did some execution amongst us at the first, and were some_what dreadfull when mens bowels and brains flew in our faces: But blessed bee God that gave us courage, so that we kept our ground, and after a while feared them not, our Ordnance did ve_ry good execution upon them: for we stood at so neer a distance upon a plain field, that we could not lightly misse one another: We were not much above halfe our Regiments in this place; for we had 60 Files of Muskettiers drawn off for the forlorn hope, who were ingaged against the enemy in the field upon our left Fank. Where most of the Regiments of the Army were in fight, they had some small shelter of the hedges and bankes, yet had a very hot fight with the enemy, & did good execution, and stood to it as bravely as ever men did. When our two regiments of the trained Bands had thus plaied against the enemy for the space of three hours, or thereabout, our red Regiment joyned to the Blew which stood a little distance from us upon our left Flank, where we gained the advantage of a little hill, which we maintained a_gainst the enemy halfe an hour: two Regiments of the enemies foot fought against us all this while to gain the hill, but could not. Then two regiments of the enemies horse, which stood upon our right Flank, came fiercely upon us, and so surrounded us, that wee were forced to charge upon them in the front and reere, and both Flanks, which was performed by us with a great deal of courage and undauntednesse of spirit, insomuch that wee made a great slaughter among them, and forced them to retreat; but presently the two regiments of the enemies foot in this time gained the hill, and came upon us before wee could well recover our selves, that we were glad to retreat a little way into the field, till we had ral_lied up our men, and put them into their former posture, and then came on again. If I should speak any thing in the praise and high commendations of these two regiments of the trained Bands, I should rather obscure and darken the glory of that courage and valour God gave unto them this day, they stood like so many stakes against the shot of the Cannon, quitting themselves like men of undaunted spirits, even our enemies themselves being judges. It might be expected that something should be spoken of the noble and valiant service performed by the rest of the Regi_ments of the Army both horse and foot; but their courage & va_lour it self speaks, which was performed by them that day, our men fighting like Lions in every place, the great slaughter made amongst the enemies testifies. My noble and valiant Captaine George Massie, who was with the forlorn hope, received a shot in the back from the enemy, of which wound he is since dead. This 26. of September (hinc ill� lachrym�) we lost about 60 or 70 men in our red Regiment of the trained Bands, besides wounded men, we having the hottest charge from the enemies Cannon of any regiment in the Army. Also that worthy and valiant Gentleman Capt. Hunt was slain in this battell, whose death is much lamen_ted. These two poore regiments were the very objects of the ene_mies battery that day, and they have since made their boast of it. It is conjectured by most, that the enemy lost four for one: 70. chief Commanders were slain on their side. This is most certain certaine, that they did acknowledge themselves to be beaten. It is credibly in_formed by those that were this day in the Kings army, that the King him_self brought up a regiment of Foot and another of horse into the field, and gave fire to two peeces of Ordnance, riding up and down all that day in a souldiers gray coat. The next day I viewed the dead bodies: there lay a_bout 100 stript naked in that field where our 2 regiments stood in battalia. This night the enemy conveyed away about 30. cart load of maimed and dead men, as the towne-people credibly reported to us, and I think they might have carried away 20 cart load more of their dead men the next morning; they buried 30 in one pit, 14 lay dead in one ditch: this battaile continued long; it begun about six aclock in the morning, and continued till past 12 aclock at night: in the night the enemy retreated to the towne of Newbury, and drew away all their Ordnance; we were in great distresse for water, or any accommodation to refresh our poore Souldiers, yet the Lord himselfe sustained us that we did not faint under it; we were right glad to drink in the same water where our horses did drink, wandering up and downe to seek for it. Our word this day was Religion, theirs was Queen Mary in the field: The great goodnesse of God, in giving us victory this day is so much the more remarkable from these three considerations: First, that great disadvantage we had this day, in case we had been beat by the enemy, we having no place of retreat for safety neerer then Glocester, which was a_bove 30 miles: whereas our enemies had possession of Newbury, and in a manner of the whole Countrey round about: secondly, we had great scar_citie of provision for our Army, having marched many dayes and nights with little food or sleep, or any refreshment; had not God fed us with the bread of our enemies which we took at Ciceter, we could not without a spe_ciall providence of God have been able to subsist, whereas our enemies had the town of Newbury, and the Country all about for their relief. Thirdly, we had a great disadvantage by giving battell in that place the enemy had made choice of their ground, planted their Ordnance, gained all advanta_ges they could desire. Beside many other disadvantages on our part, which I forbeare to relate; yet God gave us the victory, and made our enemies flie before us, that we kept the field all night. The Lord Generall deserves perpetuall honor by his wise, valiant, and worthy managing of this dayes battle, as also no lesse praise and commendation to the rest of the councel of war. Many more particular passages might here be inserted, but I proceed.

Thursday, Sept. 21. after we had buried our dead, we marched fr� this field with our whole army to a town called the Veal, 11 miles, and 4 miles from Redding; where in our march this day, our enemy pursuing of us, fell upon our reer in a narrow lane about a mile and a halfe from a village called Alder_mason, they came upon us with a great body of foot and horse: our London Briggade marched in the reer, and a forlorn hope of 600 Muskettiers in the reere of them, besides a great number of our horse: but our horse which brought up our reere, durst not stand to charge the enemy, but fled running into the narrow lane, routed our own foot, tampling many of them under their horse feet, crying out to them, Away, away, every man shift for his life, you are all dead men; which caused a most strange confusion amongst us. We fired 10 or 12 Drakes at the enemy, but they came upon us very feirce_ly, having their foot on the other side of the hedges; many of our waggons were overthrowne and broken: others cut their traces and horse-harnesse, and run away with their horses. leaving their waggons & carriages behind them: our foot fired upon the enemies horse very bravely, and slew many of them; some report above 100 and not 10 of ours: some that we took pri_soners our men were so inraged at them that they knockt out their braines with the butt-end of their Muskets: in this great distraction and rout a wag_gon of powder lying in the way overthrowne some spark of fire or match fell among it, which did much hurt; 7 men burnt and 2 kild: the enemy had got 2 of our drakes in the reer, had not our foot played the men and recove_red them againe: this was about 4 or 5 aclock at night; many of our men lost their horses, and other things which they threw away in haste: wee marched on and came to the Veal about 10. aclock at night.

Fryday Sept. 22 we advanced from the Veal and came to Reading foure miles, where we refreshed our Souldiers after our hard service and weari_some marchings. We stayed here fryday saterday and sabbath day: sater_day night about 20 of the enemies horse came and gave us an alarm. Sab_bath day was celebrated a day of thanksgiving; we marched away hence on munday morning.

Monday Sept. 25. wee advanced from Reading to Madenhead, our Briggade was quartred here. But the Lord Generall with his Army and all his train marched to Windsor.

Tuesday Sept. 26. we advanced from Maidenhead about 4 aclock in the morning, having some intenti� of marching to London that night, but came no farther then Brainford, where we stayed the next day also being Fast day.

Thursday, Sept. 28. we marched from Brainford to London, where we were joyfully received home of all our friends, and all that wish well to the Parliament; and to the vexation of heart of all wicked malignants who had raised reports that we were all routed and slaine: the Lord Mayor together with the Aldermen of the Citie met us at Temple-barr, and enter_tained us joyfully: many 1000 bidding us wellcome home, and blessing God for our safe returne: Thus God that called us forth to doe his worke, brought us through many straits, dilivered us from the rage and insolency of our adversaries, made them turne their backs with shame, giving us victory, and causing us to return home joyfully.

Monōi Theōi doxa

FINIS. |CMS |Y1650 Newes from the New EXCHANGE, OR THE COMMONVVEALTH OF LADIES, Drawn to the Life, in their severall Characters and Concernments. &horbar Martialis. lib.4. Epig. 71.Qu�ro diu, totam gressus agitando per urbem, Si qua puella negat, nulla puella negat. Tamqu�m fas non sit, tamquam sit turpe negare; Tanqu�m non liceat, nulla puella negat. Casta igitur nulla est? cast� sunt mille. Quid ergo Casta facit? non dat; non tamen illa negat Ovidius.&horfill; Casta est quam nemo rogavit. &horbar London, Printed in the year, of Women without Grace, 1650. Newes from the New-EXCHANGE, or the Commonwealth of Ladies, drawn to the Life, in their severall Characters and Concernments.

THere was a time in England, when men wore the Breeches, and debar'd women of their Liberty; which brought many grievances and op_pressions upon the weaker vessels; for, they were constrained to converse only with their homes and closets, and now and then with the Gen_tleman-usher, or the Foot-man (when they could catch him) for variety: So that in those dayes, there was no such thing as the SERVANT, the FRIEND, or the INTIMATE in ordinary; nor durst they be acquainted with the mode of Drinke, Dice, and Tobacco; nor rore and convert their smoks into Colanders, to strain healths of Sack into Beer-glasses, and take them off astride upon mens shoulders. In consideration whereof, and divers other inconveniences, by the tyranny of men, the Ladies Rampant of the times, in their last Parliament, knowing themselves to be a part of the free people of this Nation, unanimously re_solved to assert their own freedoms; and casting off the intolerable yoke of their Lords and Hus_bands, have voted themselves the Supreme Au_thority both at home and abroad, and setled them_selves in the posture of a Free-State, as may appeare by their Practices.

In the first place, for the well ordering of their Militia, they have lifted themselves under the conduct of the Right Honorable the Countesse of Kent, and the old Countesse of Exceter; who ought to lead the Van, being experienced Souldi_ers, that have passed through all Offices in Venus Warrs, from a Corporall to a Colonell. These two are the only pillars of Nobility and Hospitality; who, to breed up the young Fry in the Misteries of the Sexe, have erected an Academy, which is o_pened every Sunday night at the Countesse of Kent's and every Thursday at my Lady of Exceter's. There Suppers are reckoned most convenient, because the Bed follows, and it is judged the best way of disgestion after the Lectures, they never being up_on any other Subject, but WHO with WHO, Mistresses and Servants, and the Act of well-doing, which must needs breake the Academy of well speaking, and soon make the Italian Knight lose all his Custome, for going the wrong way to worke with our English Ladies.

And if he dare dispute the matter, wee will re_fer it to my Lady Carlisle. This is a Lady indeed, that seven years since took saile with Presbytery, being charged in the Fore-deck by Master Hollis, in the Poop by Master Pym, whilst she clapt my Lord of Holland under hatches. And this was a lucky Supply at that time, because Toby Matthewes and Wat. Mountague were both fled for Religion. About 3 years since, being weary with that facti_on, she revived a correspondence upon the Royall accompt; among the rest with divers foreine Am_bassadors; especially Mons. Believerey, till she was put in the Tower, where she now pines away for want of fresh-Cod, and knoweth not which way to lead her Nags to water, since the State hath cut off all her pipes of intelligence.

After her comes the old Lady Peterburgh, who would faine be yong. A Presbyterian Lady too, that casts a sad looke with her eies for the downfall of her Faction, and sings the lamentation of a sinner for the losse of Mr. Hollis, but above all for the Irre_parable losse she had in Tom. Gell, when my Lady Rutland got him from her.

'Twere pitty my old Lady Devonshire and these two should be parted, for, the Presbyterie was set_led first in her house by the Scots Commissioners; where my L. Louden, Lauderdale, and Dumferling, were clapt in her hole of Repentance, to forward the work of Reformation.

And now we talk of Reformation, God help my Lady Salisbury, whose Sinnes are as big as her Bo_dy, and whose faults are better known at home than abroad, since the death of the old Duke of Buckingham and my Lord of Holland. A very charitable Mother she is to all her Children; but especially to her daughter my Lady Sands, having helpt her to a Touch, with her Son in Law my Lord Lisle, though my Lord of Salisbury himself, like a crosse Father, My Ladie Sands was warming her Brother Lisles drawers by the fire Side. came in and took her airing his Drawers. This Lady Sands continues her Clack going ever since, to draw grists to the Mill, and is at this time one of the greatest Coursers upon the New Exchange; She out-drinks a Dutch man, out_vies a Courtesan, and is good at all Games, but loves none like In and In, and sometimes she is for Pas_sage. In league with her are all the Hat-and-fea_ther-Gallants, the feather being the proper Hie_roglyphick of her Condition, and the Badge of her faction.

As for her good Sister, the yong Lady Devon_shire, She hath been a very sad woman ever since the death of my Lord Iohn; but since that, She hath been rid of her Qualm by Tom Killegrew, who is now gon Ambassador from Iersey into Italy, on purpose to fetch her a Musk-cod to perfect the Cure.

This Family is both large and godly; and therefore we must not forget my Lady Cranborn; who lives in a Scotish mist betwixt light and darknesse so that groping often for Truth, She now and then layes hold upon the Preacher, and puts him beside the Text, in an error. She playes above-board with Mr. Sackvile , under-board with Mr. Sterry, and severall other Captains that usually preach before her and the Councell of State. She hath preferred one Lee Lecturer at St. Martin's, to read lectures on Sunday nights to the whole Family, concerning due Benevolence; which gave occasion to Mistris Peele (an Intimate of theirs) to commend his do_ctrine above all others.

And now, not forgetting an over-thwart neigh_bor of theirs we must think of my Lady Forster; an old Mistresse and a yong Saint; one whose propor_tion puts us in mind of her Excellencies, and he that meanes to board her, must put off his doublet and swim, it being of the same size with a Fish_Pond: yet it is ten to one if he scape sinking, since she is somewhat of kin to Goodwin Sands, having swallowed up many Families, many Blew Gariers, Georges, Earls, and Baronies innumerable. Among them, as the latest (though of a long continuance) is the Lord Willoughby of Parham; who hath now taken a journey to the Barbado's and means to pipe her one way since he cannot another; In Order whereunto he hath provided her a whole plantati_on of Tobacco, it being her proper Element; so that since my Lord finds Smeak, Sir Humphry may in time have Bacon. I would have this Lady well pre_ferr'd in the Commonwealth, she being now a great Retailer of Courtesies.

And truly her Daughter my Lady Prat (for ought I see) is resolved to keep up the Trade, ha_ving an Husband for the purpose. This is that doughty Knight Sir George Prat, once celebrated in Comedy, and pawned upon the Stage (as well as at the Tavern) in a Ioynt-Stool for a Reckoning. Hee, Sir Samuel Luke, Ieffery, and little Trott, may help to make up the Nine Worthies among the Pig_mies, and might passe for rare Champions in Ame_rica, to erect a new Common wealth among the Monkies. Indeed, take Sir George, hornes and all, and he is a very formidable Monster; so that 'tis no wonder if his Lady be reprehended by her Mo_ther, for being Bull'd by an Urchin: She is a great wit, and playes with an old Sophister (Dr. Smell_smock, alias Mr. Osbaston) who jerks her both be_hind, and before; therefore Mr. Lenthall, though he have playd Truant a great while, may the rather scape a whipping.

Come, take your Turn Mrs. Gamlyn; for, you have had many a one by that excellent Squire of the Body yong Lenthall, who hath the art to love if the Women love him. They say, Northamptoc makes love one hour to you, and he beats the brains of it out in a quarter. This Gentleman broaches maxims very dangerous to the Common-wealth of Wo_men, viz. That there is no woman honest. That women would become unnecessary in the world, if that damnable principle of honesty should be professed. That originally there was no such quality as honesty, only it was insinuated by the perswasions of the first mother, to keep women from being debauched in their nurses arms. All which hath been applauded, and seal'd to, by the same Gentleman, over and over.

Now, as a brave Supposed a Hermaphrodite. Woman-man-of-mettle, beigh for my Lady Hungerford. Since Sir Edward is in Heaven, the fittest mate for her upon Earth, must needs be Annis-water Robbin, For they may fit one another by turns, and be beholding to no bo_dy. This Lady over-rid and excarnated, no lesse than three of her women in her husbands life-time; and hath left no part of foure Gentlemen-ushers vi_sible in the world, but their periwigs; but the fifth scapes yet, and may perhaps for a twelve_month.

Room next for my Lady Kingsmell; who having been lately in France, hath brought over some I_talian tricks with her. The only wit in that house is new lechery, and her Daughter is vostre Serviteur. The Mother should have been married to my Lord of Norwich, at his coming out of prison, but that of late he is become as dry as his jests, and the talke of the town diverted the humor.

But my Lady Rutland (God wot) is a more re_solute Lover; for, now that her Lord is out of Town, nothing can stave her off from Tom. Gell. This fellow the world suspected to be Eunuch to my Lord of Newcastle; but now she commends him for the swetest man in the world though of late she hath a great stroke too with Harry Martyn.

And now we talk of a stroak, I can tell you of a notable Striker one Mrs. Luson, who hath blowne up and broke so many French, Dutch and Spanish Merchants, that none of late durst deal with her but Hugh Peters; who (I hear) hath pawned halfe the fleet at Mildford-haven to provide her a new yeares gift; and this in imitation of his Masters at West_minster, who ever put the Charges of their Leche_ry upon the accompts of the Publique.

This policy of Hugh Peters, puts us in mind of godly Gravener, he that is Commissary to my Lady Fairfax; who hath pawned his Commission for a_nother couple of Flanders horses, to make sure of Mistris Luson: And she I think hath paid him pret_ty well; for the poor Gent. hath spit himselfe into a Night cap, and the next Remove may be into a Coffin.

If ever the new Common weal be routed, it must be by this Lady; for, put a little Gunpowder to her Mercury, and you may soon blow up my Lord Bradshaw. He (they say) hath audited her Phisicke Bill, and the Councell of State finds many faults in it As Inprimis, on purge for a clap she had from Sir Harry Mildmay, which was much invenom'd by one he caught the morning before from Besse the Begger wench.

Item a Plaister for the swelling in her Groin, that Mr. Marten gave her from a Shanker of his, which he caught from the Wench he stole from his Bro_ther-Member Sir Roger North. Item, an Astringent for a Gonorrhœa, given her by Mr. Sco, which hath been entailed upon him and his Family, ever since he strain'd at the Brewers daughter behind the Ale-fat. Item, for a Pimple, which my Lord of Denbigh entailed on the Top of her Belly from the Tip of his Nose. The Pothecary pleaded this cure was extra_ordinary, because the Rubyes in my Lord's nose, might have caused a Carbuncle in her Cabinet, had it not been prevented (according to my Lord's owne direction) with an emollient Clyster over night, a Dose of Pills in the morning, and an electuary from the same Lord the night following. Item for fluxing, fuming, soking, and Tubbing of Heveningham, a worthy Member; yet all will do no good, For, this Lady and he have been so long of the same humor, that he cannot be cured of a Rhume, that hangs on both sides his mouth, so that ere long he may be Chapfall'n. This Malady hath been much exasperated by an ill prepared flux, which hath left him more of Mercury than Venus in his Body. Ask my Lady Lake else, who did what wo_man could for him, plyed him with Cordials and warm Plaisters: but broke his head when she said, She wondred hir Cozen Heveningham would have to do with so rotten a woman. As she wounds some, so she shaves others; for she has made Mr. Love a wofull Example, who never wore any beard since her first acquaintance.

Oh, let us not now forget Mistris Duns, a Lady every jot as Independent as the former, she hath payed Tribute to all the Deputies of Ireland, and will not now forbear her Cosen Cromwell. Shee keeps mighty Intelligence too with his wife, and she with Hugh Peters, and Peters with Mistris Ire_ton, she with Bradshaw, he with Madam Castlehaven, as Cromwell with Mrs. Lambert.

Now enter my Lady Craven, at a conference over her Cups. Fie sister fie; never a Beer-glasse of Sack to Sir William Sidley's health? yes, my Lady Craven, here's one, fill a Brimmer, to that part of my Sister Craven which Sir William loves best. 'Tis well fill'd , and fairely drunke. Now to do you right, my Lady Mary, here is to you; to the finishing of Sir Williams desires, let it be how, where, and when he pleases. Come, my Lady Mary Howard, take courage; though thy fortune be but small, yet having a good stroke, thou shalt drinke Dormer into Matri_mony.

Tis the wonder of the world, Why Sir Kenelm Digby, should be so mad for my Lady Middlesex, since he boarded her and the Gallies at Scanderoon much about the same time, and hath rid at Anchor ever since. Tis a very hard matter to know whe_ther she be, a Lady or Leviathan. Sure, none but Goliahs weapon can fit her Scabbard, nor can any hand but his with the six fingers sufficiently feele her; and he that will please her (which she abundant_ly loves) must convert a weavers beam into a dildo. If she and Sir Kenelme go on with the Match, then let the Saints beware; for, I beleeve Gog and Ma_gog will come of the Progeny.

But what thinke you of my Lady Marchionesse of Winchester and Colonell Warren? Though my Lord be her Husband, yet the Colonell is the man. Though my Lord have a good Bable by descent, and may play well, yet the Col. hits the blot oftner in his Ladie's Tables. She is often sick, and as often swels, and, by the opinion of all Doctors, no cure is like that in private with her Colonell.

Boles was an able fellow too once, before he came to be my Lady of Bath's Gentleman usher: But you may guesse how the VVorld goes with him now; for he dwindles every day, and (some say) the Calves of his legs are left in his Ladies Belly; so that when my Lord expected a Son, God knows it proved a Moon Calfe; and had it grown up to have horns, my Lord might then have hoped it was of his own begetting.

Poor Jack Young! my Lady Monmouth bites hard too; for, she hath drawn him so low, that he will never make Mummy; and therefore in_tends to prefer him for a living Skeleton to Surgeon's hall, as a very neat Subject for an Anatomy lecture. And indeed, it is high time he were some way disposed of, for, his fore-man is so flag, and his hams so feeble, that my Lady is constrained still to cry out [Thy finger againe, Jack.]

I beleeve the Parson too is puzled, to interpret the barrennesse of my Lady Stanhope, she gives him the opening of many a hard Text, so that he will have much ado to resolve the Tithe, of her Doctrine into use and Applycation; for (tis known) she is much given to Hunting, and hath run down a whole kennell at a time for recreation. Her mouth is (like mopsaes) O Heavenly wide, so that her Taile being of the same size in dimension, 'tis possible Stamford may passe through her, booted and spur'd to seek new fortunes in America.

There is another notable Lady too, newly come out of France and knowes all the feats of that coun_try, and is now set up in England, by name my Lady Mountague; all spirit of Sulphur: for, she takes fire immediately, and evaporates without con_ception; so that we must leave her to the skill of Ben. Weston, to provide a Son for my Lord Monta_gue, as the Prince Elector did for my Lord Moul_grave. And if ever Ben. mean to effect it, let him keep her Ladiship only to himselfe, and recall her Ambassadors, which lie Leiger for strong backs, in City and Country.

She trades not so openly, but others are as close; yet Murther will out: for, 'tis known well enough (though carried in private) how often Mr. Villiers hath come the Back way over a wall, to the fore way of my Lady Savile, alias Sussex; and she usually helps him down in her armes, for feare of a strai_ning.

Newes, newes, The Dutchesse hath a Son and heir, in the absence of Prince Rupert. But ---- &c.

If Madam Newport should not be link't with these Ladyes, the chain would never hold; for, she is Sister to the famous Mrs. Porter (who of late plaies the Macquerela in the behalf of her owne Son;) and to the more famous Lady Marlborough (whose Paint is her Pander.) This Lady Newport leads the Lord Bellasis in one hand, and Iack Rus_sell in the other, and cuts a kindnes so equally between them, that Sir Kenelm Digby needed not have come in to decide the controversie. Yet ha_ving beat the Bush so often, there's no reason but he should catch the Bird, and these two Gentlemen, when he comes, be turned loose to ruminate the Favor.

And that this Lady may not go without her fel_low, if you are coloured, my Lady Elizabeth Darcy, appeare as Stanhope, alias Chesterfields Daughter. Take confidence, such as your Sister Stanhope did, when she met Hatton Rich upon the stairs, whilst her Husband (good man!) was making his Will. Manage your designe well; there is no feare but you may trail both Sir Andrew, and Mr. Glascock, as long as they can crawle, and you smile. These are very tractable Gent. and hot-mettal'd; the har_der you stave them off, the fiercer they come on; the longer you hold them in play, the more will the prize be valued. This Madam is like a Politique Merchant, in our Commonwealth, and (if she be not taken off by Preferment) may chance to spoile the Trade of all Stallions in Pension, by teaching the rest of the Ladies how to prize their Commo_dities.

My right hand would forget it's cunning should the example of all women be left out, my Lady Cullen, who in my Lord Riche's time was called my Lady Mary Cokaine, but varied her name when she began to teach Souldiers how to order the Pike. This silken-Granado hath blown up ma_ny a Garrison; for she ever fired well, wounded one Captain so that he lies in still, fell furiously on many others; and she has one Trick, that if you will not charge her, she'll charge you. Upon these tearms she met with a Colonell, one Stam_ford, whom when she had worn out one way as well as the other, she cashired him for want of pay, and took over his head George Porter, whose de_signe is to Levell her even with his owne principles. On the other side, she, having smelt his Plot, be_gins to grow weary of him, and plies the Counter_mine, but knowes not how to admit another, be_cause his Mother and his Wife stand Sentinell at her elbow. &horfill; It is intended, the life of this Lady shall ere long come out in Folio.

But 'tis an old Proverb, there can be no Play with_out a Foole in it. Alas poore Master Pembroke, who twelve months since was an Earl, but now being made a poore Commoner of England, hath rallied his forces, and finds it necessary to cashire my Lady May, my Lady Banbury, and my Lady Crompton, having been very angry with her, and desired her to resolve him of this Question, She dun'd him beyond reason for Money. Whe_ther he shit Gold? This poor over-ridden Gentle_man lies now at Rack and Manger, with a Cham_bermaid of my Lady Herbert's.

'Zounds, we are now in a Godly Family; and they that are the only people in the world, that know to order Women: for, the Father keeps two wives and a Concubine, as prisoners. The Lord his son (a poore Commoner too) rid his hands of one wife, and keeps this very close, though Jack Griffith be in France; and so doth James his too, though my Lord of Oxford be in Holland. As for Jack, with his Spider's shanks, his Mistresse is not arived to fourteene yet, or else he would take the same course as his Brothers, for feare she should suck of the same Teat with her Mother.

VVee cannot name my Lady Crompton too often. VVhen Tom. Temples stock could hold no longer, neither in Wit nor Money, she laid him aside like a ridiculous Foole, and jump't in with my Lord Molineux, who whipt up her Belly here in England, and then she got a Passe to go to her husband in France, that he might father the Bantling. My Lord and she are parted since, but how, it is not known; only we heare of great resolutions against Teeming, professing shee will venture no more for Children: but we fear she must have one more to please my Lord Broncker.

Heigh, now for the nine Worthies, who above all deserve the Breeches, to ride astride to the De_vill. And to lead the Van, march couragious yong Madam Peterborough, whose Earl is a Wittoll, and her father was a cuckold, gramercy old Peterbo_rough. This Ladie makes nothing of 3. Gallons of Usquebagh to Mr. Staffords health, and whatsoe_ver the Gentleman lends her, his wife payes him again in the same coyn at home, according to my Ladies maxim, which sayes,

Shee's too much Phlegme, a husbands faults can smother; If he take one, tis fit you take another.

Next, enter Madam Peter, who was tried by the Prince Elector, and Harry Compton was his Taster. This will neither settle Mr. Vowell's eyes, nor his Conscience; for, he hath liquored her with many a Pot, and tosted her, and she promises much in her cups. Besides her faculty in drink, she is good at all games, but especially at cogging the Die, and the Cod-peece. [Though we cannot rank her Aunt (my Lady Mary Sheldon) among the Nine, yet it being pitty they should be parted, she may passe for an Appendix, being so fast hung to my Lord Peter, that his Lady rambles without suspition, and sets down this for a maxim of our Commonweale;]

That Ladies when their Lords new loves do mind, Should, in revenge, like Cats unto their kind.

'Twere pitty the Third should be left out who ought to have been first in order. Shew as confi_dent, as you speak, Mrs. Phil. Mohun, whose Rhetorick is Ribaldry, whose Element is Drinke, whose wit is in Baudery, and whose Beauty is bla_sted with her own Breath, it being a damp that will kill a Spider. She swears with a bon-grace, makes offensive and defensive War; offensive with Sher_wood, whose Lordship is an Asse, defensive with Lenthall, whose courage is wit. This Lady will be sure to match the man, if she knows the length of his weapon. She is often purged, but vowes drink is the best Physick, and delivers this maxim;

If any thing make women more divine Than men, it must be quick and mighty wine.

Make room for the Fourth, (with the new-elect_ed Colonel Corbet) by name Mistris Harris, sister to the forementioned Lady, who neither in quanti_ty, quality, action, Passion, nor any other Predica_ment, is any whit lesse remarkable. She hath lived these 30. years in the same extremes that the rest of her Sisters now begin with. Tom. Temple, had never been arrested for the 200l. if he could have plied her busines in earnest, as well as laugh at his own Jests, Let old gouty Ash of the Parliament take heed; for, that in the nose is not so easily cured as that in the Toe, and the Cavalier Corbet, & his Mistresse may chance to make him crosse 'Pothe_caries Bills, and baudy reckonings, instead of the ac_compts of the Kingdom. For, after a full beer_glasse, she set down this too for a Maxim.

The Members ought, now Cavaliers are poore, If they will share a Mistresse, pay the score.

The third of the Sisters makes up the fifth of our VVorthies. Enter Mistris Cambell, with a piss-pot on her head, a pipe in her mouth, & a pintle in her Tail. Ash runs through this Family, as his brother_commoner Howard (known heretofore by the name of Lord Howard) runs through the Family of the Murray's, and hath made most of their Issue free Denisons, being more English then Scotish. We understand by Master Cook's books at the Bear at the Bridg-foot (who must needs be an exact accomp_tant, having been a Committee-man) that from Midsummer to Michaelmas, 100 pound sterl. hath been bestowed by Master Ash upon this Lady, in VVine and Tobacco, to cherish her in the mainte_nance of her most rare Maxims; of which the chiefe is,

She that with pure Tobacco will not prime Her Nose, can be no Lady of the time.

Now for a Worthy in good earnest, my Lady Wildgoose (alias Velledicus, alias Mistris Salkeld) who reckons continency either to husband or Ser_vant, the worst of the seven Deadly Sins; having lately resolved to try all that will try her, though she pass the most fiery tryall. Many a sad journey hath she made; but of late two into Scotland, to fit her English measure, according to the Italian with S. Bernard Gascoign. She finds VVine of a rare quality; for it saves the charge of Vermilion for her Beake, being at great expence upon her cheeks. This Lady playes as well at Best as the Beast; drinks well; swears enough for six of the nine, and hath been often a Caterwauling with Sir Iohn Morley. Her Maxim is.

'Tis not enough that Ladies drink, whiff, whore, Except they swear God-dammees by the score.

And now since the widdowes weare the buskins, let them tread the stage boldly; and so enter two more of our Worthies at once Aunt and Niece, my Presbyterian Lady Stapleton and my Lady Campi_on the Cavalier, the one Being drunk at the receit of the newes of her husband's death out of France; the other very jolly, with Master Howard of Bark_shire in her arms, at the newes of her Husbands death at Colchester; and since that, she hath a Rub_bers every weeke with no lesse then five, for varie_ty. The controversie betwixt these two is, who can drink most, and then they quarrell for the con_quest. Tom Temple and Col. Iephson are their Se_conds; the first of whom lost his haire and the o_ther had like to have lost his one eie, in deciding the busines. But what care these Ladies? Their maxim is,

She is no Mistresse though she rants, drinks, Swears, That doth not set her Servants by the ears.

To bring up the Rear of the nine, enter the incom_parable Lady of an old Low-country Colonell, by name Cromwell; who hath run through most of the Regiment, both Officers and Souldiers. Since her coming to England, she hath traded never a jot the lesse in the low-countries; loves Wine, and of all Wine, Sack in Glasses; and of all Glasses, Beer-Glasses. She keeps a free Port for all Merchants and trucks with all Languages and Nati_ons. Shee is controller of the Club among the La_dies; is excellent at the beginning of healths, viz. To the best &horfill; in Christendome, and at the ending of stories, for, she fits them all with a baudy Comment. She is Honored with the title of Lady_Governesse to the three illustrious Sister-VVorthies, Mistris Mohun, Mistris Harris, and Mistris Cam_bell, her chiefe designe is to reconcile and compose all differences betwixt the two former, and then when these foure are together, there will be a soci_ety for the The Devil Tavern. Devill, their Maxim being this;

They're fooles that will not these examples follow, And once a week meet at the great Apollo.

If any of these Ladies want a pouder'd and patch't old fool to wait upon Them, let them send to my L. North, whose Coach and himself will be ready at a Call; especially if it be upon a visit to my Lady Kent's about supper time, where they are all upon Free-Quarter.

By way of conclusion we are in the last place to give notice of certain Ladies, called Coursers, whose Recreation lies very much upon the New Exchange about 6. a clock at night; where you may fit your self with ware of all sorts and sizes. But take heed of my Lady Sandy's; for, she sweeps the Exchange, like a Chain'd Bullet, with Mr. Howard in one hand and Fitz Iames in the other.

There is my Lady Katherine Scot with Mr. Salkeld. The new widdow Sandys with Col. Bredridge. The Lady Montague with Mr. Brown. The 2. Mrs. Skipwiths, with Sir Iohn Morley. Mrs. Wintour in contemplation of David Walter. Mrs. Kirk with Col. Rainsford. The Lady Mary Sheldon with Mr. Vowell. Mrs. Luson and Sir Thomas Sandys. The Lord Blaney and Mrs. Roper, The Lord Middlesex and the Lady Thimblebee. Mrs. Wild and Mr. Touchet. The Lady Crompton and Mr. Cranfield. Mrs. Wenman and my Lord Denbigh. The Lady Cary and Dudly Sonds. Mrs. Crew and Mr. Broncker. Mrs. Finch for a VVhiffler. Mrs. Jones and George Colt, and sometimes Mr. Coghill. Mrs. Kingsmell all alone. The Corbet Family with who they can get. The Lady Fulgeum with the Lord Northampton. The Lady Peter and the Lord North. The Lady Downs and the Lord Sherwood. The 7. Sisters of the Lord Sandys, and the foure Mistris Somes's, very fleet Coursers. The Lady Norton and Mr. Edwards. Sir Thomas Longevile hopping before twenty wo_men, and the Lord VVindsor, Cum multis aliis, quas nunc perscribere longum est.

These, and many more you may buy; but beware you repent not your Bargain. In our next Annals (if the humor hold) we will give you a more parti_cular Relation. In the mean time,

God bless the Authors from the Blades that swagger; From Poyson, Pistoll, from the sword and dagger.

A Post-script to the intelligent Readers. Martialis lib. 6. Epig. 45. Lusistis, satis est; lascivi cedite Cunni: Permissa est vobis non nisi casta Venus. Lib. 5. Epig. 6. Crispulus iste quis est, uxori semper adh�ret Qui Mariane, tu�? Crispulus iste quis est? Ne scio quid domin� teneram qui garrit in aurem, Et Sellam cubito dexteriore premit? Nil mihi respondes? uxoris res agit, inquis, Iste me�. &horfill; Res uxoris agit? res nullas Crispulus iste: Res non uxoris, res agit iste tuas. Lib. 7. Epig. 9. ad Olum. Centenis futuit Matho millibus: Ole quid ad te? Illud dissimulas ad te quod pertinet, Ole, Quodq; magis cur� convenit esse tu�. Uxor M�cha tibi est: hoc, ad te pertinet, Ole, Sed quid agas, ad me pertinet, Ole, nihil. Lib. 9. Epig. 42. Pontice, qu�d nunqu�m futuis, sed pellice l�v� Uteris, & veneri servit amica manus: Hoc nihil esse putas? soelus est, mihi crede, sed ingens, Quantum vix animo concipis ipse tuo. Ipsam, crede mihi, naturam dicere rerum; Istud quod digitis, Pontice, verdis, homo est. Lib. 11. Epig. 23. Divisit natura mares; pars una puellis, Una viris genita est: utere parte tu�. FINIS.

|CMS |Y1669

A TRUE DESIGNE OF THE LATE ERUPTION OF MOVNT �THNA IN SICILY A&osup; 1669.

A. Mountaines raysed by y&esup; Eruption. B. y&esup; Eruptions C. Arch of M: Marcello D. y&esup; Castle of Catania E. The Fiery Current falling into y&esup; Sea

Mt. Etna erupting and the surrounding area

A True and Exact RELATION Of the Late Prodigious Earthquake & Eruption OF Mount �tna, Or, MONTE-GIBELLO; As it came in a LETTER Written to His Majesty from Naples By the Right Honorable The Earle of Winchilsea, His Majesties late Ambassador at Constantinople, who in his Return from thence, Visiting Catania in the Island of Sicily, was an Ey-witness of That Dreadfull Spectacle. Together with a more particular Narrative of the same, as it is Collected out of severall Relations sent from CATANIA. &horbar Published by Authority. &horbar Printed by T. Newcomb in the Savoy, 1669. A true and exact Relation of the late prodigious Earthquake and Erup_tion of the Mount �tna, or Monte_Gibello, as it came in a Letter writ_ten to His Majesty from Naples, by the Right Honourable the Earl of Winchilsea, His Majesties late Am_bassador at Constantinople, who in his return from thence, visited Catania, an eye witness of that dreadful spectacle. &horbar May it please your Majesty,

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

That Night which I lay there, it Rained Ashes all over the City, and Ten Miles at Sea it troubled my Eyes. This Fire in its Progress met with a Lake of four Miles in compass, and it was not only satisfied to fill it up, though it was four fathom deep, but hath made of it a Mountain.

I send also to Your Sacred Majesty a Relation in Print which the Bishop gave me, wherein the Beginning is Related, and several Curious Passages. I most hum_bly beseech Your Pardon for the hin_dring Your Majesty so long from Your better Employments: And I beseech You, Great Sir, ever to believe I Love and Reverence Your Person above All Expression: for, I am

Your Majesties Most Obedient, Most Humble, and Most Faithful Subject and Servant Winchilsea. Naples the 27 of April 7 of May. 1669. A Particular NARRATIVE Of the late Dreadful Earthquake AND IRRUPTION As it is Collected out of several Relations from CATANIA.

MOunt �tna, or Monte Gibello, a Moun_tain so Renowned throughout the World for its height and greatness, but much more for those Prodigious Flames, Smoak, and Ashes which it hath cast out from the top of it, whilst the other parts are continually (even in the midst of Summer) cover'd with Snow, has been for many Ages observ'd once, or sometimes oftner, in the space of about fifteen years, to throw up more than ordinary Flames, with much Smoak and Stones, and great quantities of Ashes, which (though terrible to the neighbouring Towns and Villa_ges) was yet wont, in little time, to abate of its fury, and prove but seldom more injurous to the Countrey near it, than by communicating large_ly its ashes, which though for the present it did somewhat incommode them, they had after_wards a considerable Compensation in the pro_duct of their Lands, which by this means were render'd more fruitful.

But on Friday the 18/8&thsup; of March 1669. the Sun was observed before its setting to appear of a pale and dead colour, which (being con_trary to what it ever before appeared to us) struck no small terror into the inhabitants, all Objects appearing also of the same colour, with a paleness received from that of the Sun. The same night happened in this City as well as the whole Countrey hereabouts, a terrible and unusual Earthquake, whose strong and une_qual motions, joyned with horrible Roarings from Monte Gibello exceedingly frighted the Inhabitants, but was so extraordinarily violent in the Countrey adjacent, that the people were forced to abandon their houses and to fly into the Fields to avoid the danger threatned them from the falling of their houses. The Village of Nicolosi was of all others the most dreadful_ly handled by this furious Earthquake, the houses and other buildings being shaken all in pieces, and buried in their own Ruines; the poor People (who had preserved their lives by a timely flight, with such little of their Goods as their hasty fears would permit them to carry out with them) continued a night or two in the fields, beholding with grief and astonishment the ruine of their habitations: but observing that by these violent concussions, the Earth began to open in several places, and to threaten them with inevitable ruine, they fled, though with much trouble and amazement to this City. These shakings of the Earth being so frequent and violent, that the People went reeling and staggering, with much difficulty supporting one another from falling, in so much as what with their want of sleep, the pains they were forced to take in travelling, and the great terrors im_printed on them by what they had seen and suf_fered, they appeared at their arrival in this City as so many distracted People, wholly insensible of what they did.

This dreadful convulsion of the Earth was immediately followed on Monday March 11. about 10 at night by 3 terrible Eruptions, much about the same time, and at little distance one from the other.

These said Eruptions were observed to be on the side of Monte Gibello, about 2 miles beyond the Mountain called Montpileri, from whence with a terrible noise it threw up its flames with much fury and violence about a hundred yards in height, its noise not roaring only in_wards from the belly of the Mountain as be_fore, but violently cracking like peales of Ord_nance or thunder, from the side of it throwing out vast stones, some of them of 300 pound weight, which being (as it were) shot through the air, fell several miles distant from the place, whilst the whole air was filled with smoak, burning Cinders, and ashes, which fell like a fiery rain upon the Country.

In the mean time issued from the side of this Prodigious Mountain a vast Torrent of Melt_ed and burning Matter, which, like an Inunda_tion, Drowned, as in a Flood of Fire, the Countrey on this side of it.

This Burning River ran down upon the Mountain Monpileri, which, opposing its direct course, it divided it self into two Streames, which encompassed the said Mountain; one of them taking its way by La Guardia, the Convent of St. Anne, and Malpasso, the other by the Towns of Monpileri, and Falicchi, which in few hours were wholly destroyed and lost, not so much as any sign of them remaining, with se_veral lesser Villages and Farmes, and with them the Famous Image of the blessed Lady of the Annunciata; which, though highly Re_verenced throughout the whole Island, esteem_ed the Wonder of Sicily and the whole World, and to which the People with much Devotion resorted in Pilgrimage from the remotest parts, was also swallowed up and consumed by this dreadful Torrent.

This Fiery and burning Deluge immediate_ly spread it self to above six mile in breadth, seeming to be somewhat of the colour of melt_ed and burning Glass; but, as it cooles, be_comes hard and Rocky, and every where in its passage leaves Hills and Pyramids of that Matter behind it.

At the same time Monte Gibello from its top ra_ged with dreadful Flames, which with its Noise and Concussions of the Earth still continuing, added not a little to the Terror of the People, who ran with Cries and Lamentations about the City and Country, expecting nothing but to be swallowed up, or consumed by Fire, ha_ving no other apprehensions but of Death, and a General Conflagration.

The two Torrents of Fire forward, de_stroying all things in their way, and by Wed_nesday, March 13th, had on the West side branched it self into several Streams, and over_ran Campo Rotundo, St. Pietro, and Mostorbian_co, with La Potielli, and St. Antonino; and on the East part ruin'd the lower part of Masca_lucia, and Le Placchi, taking its way towards this City.

On Thursday the 14th, the Wind came East_wards, on which day fell abundance of Rain, which abated not the progress of the Fire; which on the East side had from Mascalucia made its way to St. Giovanni di Galermo, the lower part whereof it destroy'd; and passing on seem'd to threatned this City on one side, as did that on the West-side the other.

As the Fire approached the Religious every where appeared with much Devotion, carrying in Procession their Reliques, especially those of St. Agatha, the famous Martyr of Catania, in which they reposed no small confidence, fol_lowed by great Multitudes of People, some of them Mortifying themselves with Whips, and other signes of Penance, with great Com_plaints and Cryes, expressing their dreadful ex_pectation of the Events of those Prodigious Fiery Inundations.

Whil'st the People were thus busied in their Devotions, and astonisht by their Feares, News was brought to the Magistrates of the City, that a considerable number of Thieves and Robbers had taken the opportunity of this ge_neral Distraction, to make a Prey of the already distressed People, and that they had Murdered several of them for their Goods; and that it was to be fear'd, that the City of Catania it self might run some danger from the great numbers of them which were about the Country, and from thence took their opportunities to get into the Town. Whereupon, consultation being had for the prevention of farther mischief from them, the Commander of the Castle was Or_dered with a considerable number of Horse, and a Party of Spaniards, to secure the Country and City against these Robbers; who imme_diately sent out several Parties with his provost_Marshall, with Order to seize on all suspected Persons, and such as were not able to give a good account of themselves: and, for such as were taken in the Fact robbing, to Execute them by Martial-Law, without any farther Tryal, and accordingly caused three pair of Gallowes to be set up for their speedy Execu_tion; one before the Gate Di Aci, a second in the Market-place, and a third before the Gate Della Decima, setting strong Guards upon the Gates of the City, and causing all suspected Houses to be searched, and Account to be given in of all Lodgers, and such persons to be secu_red, as could any wayes fall under a Suspiti_on.

The poor People out of the Country being by this Prodigious Calamity stript out of all their Estates, and reduced to great extremity, fled most of them for refuge and reliefe to this City, with great Lamentations moving the Charity of the Magistrates, which was readily inclined to give them the best assistance they were able; and the Citizens, moved by their Complaints and Sufferings, freely open'd their Doores Doors, filling their Houses with as many of those distressed People, as they could possibly receive; the Bishop, and all persons of Quality and Estate contributing largely for their sup_port, till better Order could be taken for the disposing of them.

The City of Messina also, and several other Cities (informed of this extraordinary Cala_mity) sent Hither large Supplies of Provisi_ons, offering their best assistance to this place, in case of extremity.

All the Elements seemed at this time to make War upon us, and to conspire together for the punishment of the Inhabitants: The Ayre was continually darkened with Clouds and Smoke, agitated by great and violent Winds, and often_times showred down great Raines, insomuch as the Sun from the begining of these Eruptions, very seldome appeared to us, and when it did, (with extraordinary paleness,) for a little time only, and (as it were, abhorring so dreadful a Spectacle) soon hid its face again under a thick Cloud.

The Sea ran much higher than it was wont to do, and by its extraordinary Roaring, and in some places over-flowing its Bankes, added not a little to our consternation. The Land eve_ry where infested with Thieves, insomuch, that till by the extraordinary care taken by the Magistrates and Officers, severe execution was done upon such as were apprehended in the Fact, no person was able to stirr abroad without danger of his life; whilst the Fire by this prodigious overflowing of the Mountain, threatned to take possession of all.

On Friday the 15th. the stream of fiery Matter which destroyed the lower part of St. Giovanni di Galermo divided it self into two parts, one of its branches taking its way to_ward Mosterbianco, the other threatning the City of Catania, but this last was observed to move with more slowness then before, ha_ving in 24 hours time scarcely gained one mile.

On the 18th being Monday, the Torrents being still seen to draw nearer and nearer to this City, the Senate with Monsegnior Cam_buchi the Bishop of this place, followed by all the Clergy Secular and Regular, and an infi_nite number of people went in a solemn Pro_cession out of this City to Monte de St. Sofia, carrying out with greatest Devotion their choicest Relicks, and upon an Altar erected in view of the Mountain, exposed them, where they celebrated Mass and used the Exorcismes accustomed upon such extraordinary occasi_ons, all which time, the Mountain ceased not as before with excessive roaring to throw up its smoak and flames with extraordinary vio_lence, and abundance of great stones, which were carried through the Air, some of them falling within their view, though at ten miles distance from the Eruption; the Ashes which proceeded from thence were scattered in great abundance, as well on this City as on the Countrey adjacent, every where in the Fields with Cinders, and the heat of the said Ashes destroying the Grass, which obliged the people to drive away their Cattle to a farther distance, which would otherwise have perish_ed for want of food.

These streams of ruine daily crept neerer and neerer to this City, but by uneven and irregular motions, according as it was more or less supply'd from its fountain; but on Wednesday the 20th we perceived that that branch of it which seem_ed most to threaten this City from St. Giovanni di Galermo was wholly extinguisht, and the other which bent its course towards Moster-bi_anco ran but slowly and gave us some hopes that its fury was also near spent, but the other Torent which had before overflown Mosterbian_co, continued its motion with as much violence as ever, being in breadth above a Musquet shot over; but in probability could not easily over_flow to the Westwards which was defended by its Rocky scituation; another branch which ran by Santo Pietro was observed to be much larger then the rest, and its stream more quick and active, but meeting with some op_position in its way, it made some stop, one_ly sending out a Rivolet toward the East_wards about three or four yards wide, of its most subtle and active matter, which direct_ed its course towards a small Village about a furlong distant from its main stream; another Branch threatned Campo Rotundo, but bent its course westwards towards the Farme of Val_corrente, where its Fiery body was scattered into several deep and rocky places, without any considerable damage.

About this time we had hopes that the vio_lence of this eruption had been over, the Mountain not throwing out its flames with that violence as before, and its noise and roar_ing in a great measure ceased.

Those who at nearest distance took a view of the Mountain, informed, that the top of it, was fallen in, and the Mountain supposed to want near a mile of its former height; that the largest of the Mouths from whence these Fiery streams were vented, was about halfe a mile in compass, but the view of this dreadful inundation carried so much terror in it as they were not able to express; from all these Mouths were vomited Rivers of a thick and fiery substance of stone and Metals melted, whose depth was various according to the se_veral places it filled in its passage, in some places 4, in others 8, 12 or 15 yards and up_wards; its breadth in some places 6 miles, in others much more; its flame like that of Brim_stone, and its motion like that of Quicksilver; advancing ordinarily very slowly, unless where it was provoked by the addition of a fresh Torrent or some considerable descent. Where_soever it passed, it left large heaps of its con_gealed matter, with which it covered and burnt the earth, melting the walls of Castles and Houses, throwing down and consuming all before it, nothing being yet found able to resist its force, nor any thing able to quench its burning, water being observed rather to add to its fury; wheresoever it has passed, it has left its dreadful marks behind it, levelling some hills and raising others, so much chan_ging the scituation, that not the least trace of any place or Town remains, nothing being to be seen but confused heaps of ragged stone, which yielding a noisome fume, strikes terror and astonishment into all that behold it.

On Friday the 22, the Mountain again roar_ed with much loudness, and threw up from its Mouths a vast quantity of matter, which form_ed two large hills higher and larger then that of Monpilori, with a large bank of the same matter to the Eastwards, sending down a vi_olent stream of its liquid matter towards Mal_passo, much enlarging the former Current, and passing thence to Campo Rotundo and Santo Pi_etro compleated the ruines of those Towns, driving furiously towards Moster-bianco; the other stream by Santo Giovanni de Galermo be_ing wholly diverted and extinguisht.

From this time till the 25th, the Mountain continued silent, but then it burst out again with more force than ever before, its noise much louder, like Peales of Ordnance, and so forcible and lasting, as for 24 houres it caused a shaking and trembling in our Buildings, the Ayre so filled with Smoak and Ashes, as dark_ned the Face of the Sky.

The Birds and Fowle about this time, either through want of Food, or illness of Ayre, which was corrupted with the noysome smells arising from these Burnings, were observed to lye dead in all places.

On the 28th. the Grand Current was advan_ced near the City as far as the old Capucins, which struck so great a Terror into the People, that most of them left the City, only some Of_ficers remaining with such persons as were un_der their command, who have secured and sent away the Magazine and all the Artillery from the Castle.

A Later Relation from Catania, bearing Date the 27th of April, gives us this farther Account: viz.

THe Dreadful Inundation from Monte Gi_bello having destroyed many Castles and Towns, with an infinite loss, and utter ruine to the Inhabitants, arrived lately with a renewed Force at Mostor-bianco, which it has whol_ly ruin'd; from thence passing on to Alba_nelli, in four Dayes space destroyed all the Gardens and Vineyards, with 63 Thousand Vines.

On Wednesday, April 16. With an Impetu_ous Fiery Torrent it came towards Sardanello, where all the remainder of the Inhabitants of this City were Spectators of it, which resembled a River of melted and burning Brass, about ten Ells wide, running with swiftness to the Arch of Marcus Marcellus, a Famous Piece of Antiqui_ty, and passing under it ruin'd about 6 Ells of it, which was the breadth of the Current in that place: from thence it ran to Madonna di Monserrato, which it wholly destroyed: then falling down to Madonna delle Gratie, it entred in at one Gate, and passed through another, without any considerable hurt, and running through the Gate Della Decima, filled all the Plaine Di Schiara Viva, where it was above six Ells deep. Then taking its way towards the Bulwark, on the Sea-side, under the Castle of this City, it ran by, two Ells deep into the Sea; in which, (to the great wonder of all that saw it) it has made its Progress a mile in length, and as much in breadth, and is drawing towards the Gate of the Channel, which gives us great Appre_hensions, least it may that way Invade the City it self: Nor is there less Danger on the side Del Tindaro, where there runs a great Torrent of the same Active matter, which drawes near, and seemes to threaten the Walls, and is in that place about a mile in breadth, having over-flowed and de_stroyed all the Gardens, from the Gate Della Decima, as farr as Madonna delli A_mellati. &horbar |CMS |Y1676 A LETTER OF ADVICE Concerning Marriage. &horbar By A. B. &horbar &horbar LONDON, Printed for William Miller at the Gilded Acorn in St Paul's Church-yard, near the little North_Door. MDCLXXVI. A LETTER Of Advice concerning Marriage. Honoured Cousin,

I Received yours of the second of Ju_ly last, acquainting me with several Overtures lately made you in the way of Marriage, and requiring my Counsel for your Choice; which, as a matter of moment, I have ac_cordingly considered: yet being a stranger to the party you mention, shall, in lieu of particular Di_rections, offer you such general Cautions, as (if du_ly apply'd) may at least secure you from the com_mon but fatal Miscarriages of that Condition.

'Tis an useful Observation, That though the raising of Families be peculiar to Men, yet in preserving them Women are concern'd; there being many Do_mestick Offices, which, though Nature, Custom or Opinion have rendred them unfit or unseemly for Husbands, are yet for Wives not only decent but commendable; and to common welfare so necessary, that the neglect of them is seldom without decay: Hence that thred-bare saying, If you will thrive, look how you wive. In which single respect, the very sloth and incapacity of most women now-adays (especial_ly Heirs and Fondlings, bred even to a contempt of Huswifery) is without profuseness a defect scarce to be repair'd by fortune. Wherefore to one that hath alrea_dy a solid Estate, not to be acquir'd, but well managed & gradually improv'd, 'tis certainly upon this account more profitable to purchase the Wife, whose thrift is it self a yearly, nay weekly revenue; than for one to compass a lump of Money with an excessive Rent_charge atending it: But if to such defect should be added the affectation of our present Court and City_pomp (and what better can be there expected?) no Bank confines such a Torrent, nor can any Pile of wealth afford Fewel for such a Flame; the quantity serving only to accelerate the Consumption.

For doubtless to that Sex an Expence belongs, which though never so demurely carried, far exceeds that of Men; but meeting with Quality and Vanity, knows no measure. Maids, I confess, acting purely for themselves, and for the most part making a Vir_tue of Necessity, may perhaps with their singular affected Parsimony, with other notable shifts, smo_ther and palliate this expensive humour: indeed it is their Master-piece so to do. But then in the change of their condition (and withal concernment, it should seem, by Marriage) like an unnatural restraint, with_out extraordinary discretion and kindness to their Husbands, it breaks forth with double violence: their Train is much longer, their Visits and Collati_ons more sumptuous and frequent, their Dresses more curious and elaborate than ours; their Journeys in_finitely cumbersome and expensive: Not to mention there Childbeds and Gossipping, to the due equipage whereof all Trades must conspire: yet where are the men that consider this? Can we then expect it from Women? Their partiality is such, that though they cause double the Charge, yet if they bring but half the Estate, they reckon, that as purchasers they have right to spend: a prejudice with our Gallants so gene_ral, but withal dangerous, that were it duly weighed, it would strike at the very root of Marriage. Suitors therefore we see are obliged by no means to consult their Reason, much less their Arithmetick; Ignorance may well be styled the Mother of their Devotion.

Howbeit I would not be construed herein to de_claim against Marriage: one may I hope blame the Corruptions of Lawyers without irreverence to the Law. Error is but a Foil to Truth, and by redressing abuses, the regular use is best establish'd. Marriage we know is a state necessary both to the Conservati_on and Comfort of Mankind, consecrated by God himself, who would never have instituted and so recommended it, were it not most consistent with our well-being; but the best perverted, proves the worst: and in nothing hath there been a greater departure from primitive intention than in Marriage, to the bane and scandal of Society.

The root of this, as of all other evils, is Covetous_ness; but by the fate of irregular Appetites so dazled, that it shoots at random very wide of the mark. To such as observe the shrewdness of Covetous men in all other pursuits, it may seem a miracle, that herein they should act with so little foresight; and might perhaps be referred to divine Justice, thus arraign_ing their ill-gotten Estates. But alas, their Example, with the same they carry for wisdom, hath misguided persons of better Principles; whom to reclaim were methinks a publick service: Wherefore leaving those to their incorrigible vice and delusion, I frame my dis_course to you, who may communicate it to some ho_nest Gentlemen of your acquaintance, where you judge it needful or useful.

Our Gentry may now be considered under four Conditions or Capacities; viz. Such as have little or nothing to trust to; such as have bare Competen_cies; such as have fair Estates, but encumbred or ex_pectant; and such as have ample and clear For_tunes.

How needless it is for the first of these to marry needs no proof; yet if some favourable opportunity should tempt them so to endeavour the improv_ing their condition, which they can hardly much impair, they are partly excusable: only let them not too much triumph in their purchase, nor be sur_prised if they mend not by their change of Climate, for some that have tried will inform them, there is no Villainage to the Apron-tenure. If in any case such Matches have success, 'tis with Cadets of the Nobility, whose high Birth serves to ballance the Wealth, and bridle the arrogance of women.

The second rate of Gentlemen in former times were observed frequently to advance their Estates by Marriage; but it was in the Golden age of Female innocence, ere they had tasted the Tree of Know_ledge; whilst their Breeding was strict, their Appe_tites regular, their Wills governable, and even Heirs were not therefore the worse Wives: The Scene is dangerously altered; those Pleasure-boats now a_days carrying such Sail, as without skilful and hap_py Steerage must needs overset in our Seas. Hence with Gentlemen of indifferent Estates, when they go a Fortune-catching, it commonly fares as with the Dog in the Fable; their prizes in the upshot proving worse to them than Blanks: our Politicians therefore recommend to them Marriage Alamode; Yet not to flatter the Vice and Prejudice of the Age; I dare maintain, That prudent Wedlock is even for such the more thriving state, and no such Bugbear as some of our Wits represent it; there being in_stances enough of our best Gentry with moderate Estates, both living honourably & providing well for Posterity: and nothing now more familiar than to see some rich with 500l. a year, to the envy and reproach of others that are poor with their Thousands: For as Citizens say of their Shops, Home seldom fails to keep those that keep home.

To Gentlemen of the Third Rank, viz. whose Estates are expectant or incumbred, 'tis indeed more expedient to marry for Riches, yet is not such obliga_tion equal to all; neither indeed seems it requisite but in particular cases, where discretion perhaps would rather dictate the preferring of single Life, or at least the deferring of Marriage; for Instance: If to a certain fair expectance there be for the pre_sent only a bare pension.

I know it is a Maxim authorised by current practice, That encumbred Estates are best cleared with Marriage-portions; but it proves a treacherous Cure, neither indeed is it a proper expedient: For if the Estate be great and the Encumbrance comparatively small, an easie sale would best discharge it, leaving the Patrimony sound and the Owner free. And one who having thus settled his Affairs, and afterwards weds to his best Choice, shall sooner thrive and pur_chase than the most prosperous Fortune-catcher. But if the Debt be a dangerous Sum, the payment of it by Marriage is next to desperate; it faring with such Adventurers as with Privateers, who, betwixt the charge of Rigging, hazard of missing and triumph of getting Booties are in all Events destined to be Bankrupts. Like cold Drink in a Fever, it cools the mouth, but inflames the blood; and at best helps no otherwise to patch up an encumbred and declining Condition, than doth an outward Prop to support a crazie Building. Much might however be alledg_ed in excuse for those, whose exigencies so stimulate and perplex them, that they neither freely act nor clearly judge; whereas our Gentlemen of large and entire Estates, when they wrack upon that Coast, are purely to thank themselves.

You will tell me, Marriage now lies under great obloquy, as a Phlegmatick state of Life, yielding no variety but of trouble; fit only for the blew or Lea_thern-apron, but uneasie for men of generous Minds and free Fortunes, presumed not to brook such re_straint of their Conversations and Appetites: 'Tis represented as the Purgatory of Persons and Canker of Estates; nay, the Rules of the King's Bench (if some of our Wits may be credited) have more Elbow-rom: for oft methinks it proves so, the greater their reproach, who so fondly abandon their true interest, and disparage it; there being certainly no real inconvenience which well-advised Marriage imposes, no honest freedom which it denies to men of plentiful Estates; rather many advantages pecu_liar to it, it being their great Prerogative, that their Choice is in effect unconfin'd: For we daily see, that the owner of a fair and plentiful Revenue, dispensing but with Portion, needs not despair of suc_cess almost in any other pursuit; and 'tis no less certain, that to persons of such Fortune Portions are superfluous.

The most common and plausible excuse of our ig_noble Matches, is the same Scare-crow which frights so many from marrying at all, forsooth, the appre_hension of being over-charged with Children, to the clogging of their Estates, or at least abridging of their Pomp: A consideration at best otherwise: For since by singular Providence, even Families of ordinary Rank and Estate, in stead of being bur_thened, are notably supported by numerous Posteri_ty. How secure from that danger must our eminent Landlords be! rather what Latitude have they for Bounty, with allowance for some Vanity!

But there is one mistake common to great Land_lords and great Princes, or rather Parallel between them. Great Princes were ever noted to place all their Glory in Conquest, supposing, that if with infinite Charge and Hazard, to the oppression of their subjects and neighbours, they added one little Province of their own acquiring to their vast Dominions and Titles, they gave a sufficient account of their Sceptres: Whereas they then pursue the real Interest of Empire, when by due execution of good Laws, and careful obedience of their People, they govern more securely, nay, more absolutely than the Sultan doth with his Scemitar; rendring small Territories equivalent to Monarchies. With like prejudice great Landlords, even those that car_ry the fame of Wisdom, amuse and perplex them_selves in pursuit of somewhat to be acquired by Mar_riage or purchase, no doubt as a Trophy of their good conduct; forsaking in the mean time their more noble and solid advantage, which consists in the generous Fruition and gradual Improvement of what they already possess. 'Tis one of the sorest evils under the Sun, the very Canker of wealth, like the Worm in the Gourd, that one already seized of a vast estate (more perhaps than he hath heart to use or Brain to manage) should harass or but disease himself in the acquest of some little accession: more brutish herein than Beasts who being in rich Pa_stures, break no Fences, nor look any further. How happy were it, could such but be acquainted with the goodly privileges and improvements of their Estates by discreet enjoyment; so at least, as not to seek what they have, and dearly buy, or rather sell and betray their own Fortunes! To see a Gentle_man of Estate, out of the Usurer's reach, and with_out colour of Exigence, not rashly, but industriously and with great ostentation of wisdom, for sorry pelf and lucre, expose himself, with all his hopes and ad_vantages, to the venture (indeed certain mischief) of an unworthy Match; what is it but to be sub_orn'd to his own manifest wrong, and hired as it were to destroy himself? such errour being every way surrounded with repentance.

In the first place, 'tis an authentick Observation, That great Portions are commonly attended with great disappointments and frauds; however, that Land is rarely therewith purchased or Estates im_proved, almost as seldom as with Moneys won at play; they serving for the most part rather like Sawces to humour the palate and whet the appetite, than food to nourish; dangerous Fewel, and Decoys of vanity and expence. I grant that such as have little or no other fund oft-times speed better with them; partly by reason of the thrift to which they have been obliged, little being from such expected; chiefly for that great kindness on the Womans side, being the ground-work of such Matches, disposes them to chearful compliance: Much like Offices and Court-employments, which though commodious for Cadets, yet with great Landlords we find scarce turn to account. When the Bills of Wooing, Wed_ding, and Honey-year are defraid, the Baste I doubt proves more than the Roast.

Yet in pursuit thereof, the Fortune-catcher dis_claims all those nobler Considerations and Attra_ctives, most of which are singly without compari_son to be preferr'd, but some inestimable, for that by Nature, Precept or Example they are propagated, (viz.) lovely Feature and Shape, graceful Motion, sound Constitution, Gayety of Humour, Quickness of Wit, discreet Behaviour, approved Huswifery, &c. In lieu whereof he oft-times both stifles his Affections and buries his Family, by marrying certain Barrenness or Infirmity, courting imperfections which carry with them an Attainder of Blood. At best, he blindly subjects even his present Fortune to the discretion of a woman taken at random from the Lottery of a licentious Age. For with what Arms shall he defend himself from her Wantonness, Malice, or but Folly? Some indeed oppose the Husband's Authority as a sufficient Target; but alas! our Pri_sons, I doubt may now afford a full Regiment of such Martyrs: so dangerous a Privilege hath it prov'd of late for our fair Ladies to be unconcern'd in Debts of their own contracting, and so make their Husband's Mittimus at their pleasure. Stay, there is yet (if possible) a sharper Sting in the tayl of this Miscarri_age; for to win those unprofitable Trophies, vast Joyntures, and even Liquid Rents are often extorted, Conveyances and Trusts are multiplied to dangerous Expence, but far more dangerous Encumbrance; in_deed the endless perplexing of Claims and Titles, a fruitful Sedolet of pernicious Suits and Discords in after-times. Troth, if the Husband henceforth write Philip and Mary, 'tis all he can hope for: She reckons his Estate her Purchase, and disputes his Property; not to lie admonish'd without Sullenness, nor con_troll'd without the menace of a final Breach, and intimation of worse, the danger of Elopment being fairly provided for by sutable Alimony of course presum'd: towards which, and for the perfect bind_ing of foolish Jealousie to its good behaviour, on the same worthy Consideration whole Patrimonies are likewise settled; whereby at one dash the sheepish Owner, forfeiting as it were his Inheritance becomes a sorry Pensioner, devested of all Authority, unable to serve his Prince or Friend, or help himself in case of any Exigent unforeseen. His eldest Son he makes his Landlord of an interest wholly forreign and in_dependent, able to borrow more pounds than him_self can fairly shillings; and claiming not by descent, much less by his Father's bounty, but by even his own or his Mothers purchase, or at least the wise provision of his Parents on that side. No marvel then if his Obedience prove answerable, since with_out some preternatural Obligation, 'tis daily seen what becomes of filial Duty and Reverence. His younger Children, like Estrich's Eggs, he exposes to pity, that is, contempt, and the miseries that attend poverty and quality in conjunction; oft-times dis_abling himself so much as to countenance them in a Mechanick Course, with such manifest hardship, that he can never look clearly on them, nor almost chal_lenge their observance. Thus it happens to his Fa_mily, as where Dung lies still unspread; the whole Farm is Barren, and the Maxim noisom. But be_sides all this, to me methinks it is not a little strange, that in the very Bargain such Fallacies should be obtruded on men endued with Number and Sense. First the Portion is computed to yield an Income answerable to the Current Rate of Interest, and measures for Settlement accordingly taken; whereas, though it came clearly to account (as scarce ever it doth) yet with Gentlemen of noble and free Estate, whose stock seldom runs in that Chan_nel, 'tis fair if it turn to half that profit; and then 'tis admitted as a Revenue proportion_ed to the present Maintenance and Port of Wives: when, alas, were it fairly examined, not grosly swallowed like a Dutch Reckoning Altmeale, it would but too plainly appear, the Pomp of such Women is rarely defrayed at double the charge: For so great is their overweening, so little their ten_derness or Justice to their Husbands (into whose Fa_milies they are not kindly engraffed) that those who at their Parents allowance were proud enough of keeping their Maid, and gloried in the Managery of a sorry Stipend, do, on their Marriage, even chal_lenge an exorbitant Train and boundless Expence, little caring what becomes of their Husbands, so they hold fast their Joyntures.

On the other side, a generous and prudent match, is further improved with divers Felicities naturally attending it; which I shall endeavour by way of Antithesis to exemplifie in many pregnant Instances.

To those golden Idols of course belongs a super_stitious worship, with such tedious and frivolous addresses and pursuit for the most part, as, besides the present Excess, lays a foundation for future un_thrift, (a Torrent which is scarce to be suddenly check'd;) so driving men upon all accounts to a scur_vy After-game. For though the Oaths of Suitors are become a By-word (as for their Vanity they de_serve) yet at best they are dangerous impertinencies, scarce consistent with Wisdom or Honour. To vow a Talent with meaning a Drachme, to flatter egre_giously without ground of Truth, how vile and ab_ject is it! And if such as use it meet with the success they merit, by being taken at their words, are they not paid in their own Coyn? For how can they wor_thily assert that Authority which they have so pro_strated? And with what Forehead can they challenge that Duty, where they have sworn such Fealty and done such Homage? He at once cuts off all this Pageantry, who appay'd in his Self-sufficiency with_out other regard, gratifies his inclinations, makes his own Conditions, and is courted to his real advantage: he breaks not his word, in keeping and using his power, nor renders himself Usurper to his own Right; but finds her indeed a Wife whom he never made a Mistress, nor furnish'd with any pre_tence of aspiring to it. How little soever she brings, I dare profess, that at seven years end, on this ac_count, he shall boast of his Bargain.

It hath been noted as the fatal Error of our com_mon Oeconomy to begin at the wrong end, by in_dulging present Excess, and projecting future Thrift: We see goodly Vessels daily split upon that Rock; whereat none will marvel that consider how prepo_sterous and almost impracticable it is, from the diffi_culty of playing the After-game of Fortune and re_forming evil (but especially voluptuous) Habits; from the daily growing charge of Children and their E_ducation, as also from the disrepute attending such Retrenchments. Besides, of what consequence in it self considered must it be to save or spend at first? Since a stock timely saved, may be easie im_provement in some years double its Capital; but a Sum early borrowed shall within the same pe_riod quadruple its Debt: whereby the perpetual plenty or penury of Families, with all the ensuing benefits or mischiefs seem chiefly hereon to depend. Hence that homely but useful Proverb, of taking her down in her Wedding-shooes; which to Wives not intoxicated with Fortune is familiar enough: whereas those Courting stocks, from the Cradle cockered, and only wedded to their Wills, are not to be con_vinced but by late Experience, the curst School_mistress of Fools.

No man is so unvers'd in houshold or worldly af_fairs, but must observe how good Families are pre_served, and both interest and repute advanced by the honourable Residence of Landlords upon their Demesnes, by constant absence or frequent motion undermin'd and eclipsed: Insomuch as some stick not to averr, that before the common use of Coaches, few but Traytors or Felons made shipwrack of their Freeholds. Indeed if the Husband should be forth by occasions or on publick Service, yet what hath the Wife to do, but stay at home, and as a trusty Depu_ty act for his interest by his order in his stead? Her House is her proper Sphere, her best Title that of Huswifery; which if she merit not, she is so far from being a help meet for him, as she is certainly his great encumbrance. But is this the practice of our Female-sparks? are these the Maxims of such as by the false measures, and with the natural arrogance of rich Wives, ever fancy they have over-bought their Husbands and under-sold themselves? Do they espouse their Husbands welfare, or but consider it in competition with their own ease, appetite or hu_mour? What noise is heard but the loud Eccho's of their Fortune, with challenge of Equipage and Ex_pence in their Judgment sutable, that is, vastly ex_ceeding it, and such as few Estates can support? Is not Home their banishment, and London indeed their home? If their Lot be not to live in that or some o_ther good Town or place of like charge and divertisement, what exceptions are taken! what objecti_ons and delays contrived! The Air is either too moist or too cold, too thick or too thin; the ways thereabouts to be sure are either dirty or stony; the House too solitary or too near a Street, not of mo_dern Fabrick, or modish Furniture: The Gentry of those parts not Courtly; not a man it should seem within ken qualified for a Gallant; the Commonal_ty rude, &c. Possibly they are at length hal'd to their homes as to Prisons, but hir'd, forsooth, with the Donative of a Child's portion or two, to pur_chase Toys for the Wife, and therewith quiet for the Husband. Being placed at the Helm of a good Fa_mily, like a Monkey at the Steerage of a ship, their first care is to solicit acquaintance, and their main business consists in the Ceremony of receiving and returning visits; their Entertainments finding work for three or four Servants, their very Salutations and Appointments too for almost as many: so that here to act the part of good Husbands in the Vulgar no_tion both to Wives and Estates, to gratifie the one and preserve the other is perhaps next door to impos_sible.

The good Nature of Children singly considered is of greater moment and advantage than wealth, the improvements of it being far more excellent, and the miscarriages less reparable. For what recom_pense of Fortune to a Creeple, a diseased Body, an uncomely person, above all, a crooked Mind? and what Portion equal to those personal Endowments, the propriety whereof neither Fortune nor malice can invade? To this eminent Duty the true Huswife dedicates her time and pains: her Children are her Garden, her Park, nay her Court. In their tender years her business is to protect them from disasters and injuries, to secure their health and growth, to ob_serve their Genius, to instruct them in their best Ca_pacities, yet rather leading than driving them, and supplying their defects with her skill and diligence; in all which her thrift is sutable to her tenderness. Her Sons she early resigns to their Father's Discipline, never interrupting it with pernicious fondness: In their riper years, she insensibly trains them to lau_dable Qualities, (yet for use not ostentation) her Lectures and Charms chiefly tending to the banish_ment of pride and sloth. Having thus seasoned them with Principles of Thrift and Content, she scrapes not for portions, nor is solicitous of their preferment, which she trusts may succeed to her wish, as com_monly it doth; however she acquits and satisfies her self with this reasonable confidence, that if they prove not fortunate, they can scarce be miserable; which yet to our delicate and shiftless Dames fre_quently happens. But will our She-gallant now adays admit any such vulgar duty as the tendance of her Children; surely, that she leaves for Mecha_nicks, assigning the drudgery thereof to Hirelings, who accordingly perform it to treble Charge and Expence, as needless, as fruitless: she hears not their complaints or wants, much less sees them, but in their sad effects, incurable lameness or sickness, to the sud_den expiring even of fruitful Families; no, the im_portance of her Dresses or Treatments affords not leisure for such trifles; or if to supererogate she mind them by fits, yet through her partiality or uneven Temper, such regard proves worse than neglect. On her Sons (especially the eldest) of course she dotes, underhand fomenting their stubbornness to the over_throw of whatsoever their Father with his Wisdom builds. In fine, her chief care is to cultivate their pride, the rankest Weed of our Nature, by good pa_rents so industriously subdued: To her own Idea she frames them, for indeed better Principles or Manners than she hath how should she infuse? so that people in the Streets scarce forbear to proclame them Chips of the old Block; and at last in despite of their Fa_ther's provision, 'tis great odds, they marry either to his disparagement or their Husbands undoing.

The exact survey of their own Estates is a skill and employment more worthy of prudent Land_lords, than some other their Entertainments, plau_sible indeed but not practicable; were it more in re_quest, good Families would not so fast decline. It would impartially discover to them their strength or weakness, and acquaint them what indeed they have to spend; which I dare pronounce is seldom half so much as Fame and Opinion suggest unto them: For computing Revenues now adays with their manifold losses and Reprises, they prove in effect like some fruits, little more than Shells and Parage; which how generally soever discours'd, is seldom rightly stated, save by such as have smarted for their Expe_rience of it. But how harsh a note is this to our Damsels, enured to reckon by thousands! Can they disgorge what they have so well digested, or patient_ly hear, that in the estimate of their Husband's In_come, there happen'd, forsooth, an unlucky mistake of Pounds instead of Nobles? Alas! that might en_danger the gilding of their next Coach, the reducement of their Equipage, their forbearance of London, &c. No, there's a trick worth two of that, even to set the best foot forward; not to brook such unsa_voury Truths, but rather to their own and their Hus_band's Credit, to admit the popular Cry, and with it conspire to his Bane.

Of like necessary use is it to be vers'd in the Rates and Measures of houshold Expence, which in well_govern'd Families should be almost as regular as the victualling of Fleets; to have the faculty of hand_som, but withal provident House-keeping and En_tertainment; of procuring Equipage and Furniture of all sorts at the best hand, likewise of adjusting, preserving and repairing it: for want whereof our English Ladies are said to have contracted such ob_loquy in Holland, where by reason of the constant dearness of Provisions, and endless Payments, no man of what Estate soever without great frugality can thrive or well subsist, that a Dutch man scarce marries one of them without the loss of his Trading_credit. Some of these Qualities the right-bred Hus_wife sucked in with her Mothers milk, others she learned with her ABC, and for the rest proves no Truant, her Genius being active, and fixed on the Idea of Huswifery as its proper object; wherein her de_fects, if any, are of course supplied by her Husbands Experience, whose Advice, whether directory or monitory, finds her ear always open to it. But what hope of enammelling a mere Flint? what thought of instructing persons too dull to apprehend of themselves, too froward to learn? Offer our Fe_male Libertines any Counsel that trenches on their Vanity, or pinches their Sloth, 'tis at best durus sermo, and accordingly with them it speeds; reckon_ing or contrivance, it should seem, are as much be_low their breeding as Thrift: Rather they have con_ferr'd notes with the good Fellows, whose generous Maxime, they say, is to drink as long as the Cup will ramn; the utmost extent of their Husband's credit (if they can carry it by hook or by crook) being the only limit of their Expence: otherwise Estates could not be so commonly blown up without noise, and as it were with white Powder, nor mouldred a_way by good, that is, demure and well-meaning Wives, faster, methinks, than even bad Husbands dis_patch them.

Of Wives advisely taken from a frugal Stock, the same proof may resonably be expected as of Trees chosen out of a Nursery, the Glebe wereof is found but barren, and remov'd into a richer Soil; or like a Rhenish Grape transplanted into a Southern Cli_mate, the Race whereof is said to be our right Ca_nary. Such are commonly unacquainted with deli_cacy or sloth, and early seasoned with this Prin_ciple, That their esteem for Virtue and Huswifery is their best Portion: so as the improvement of their Condition by Marriage to their Native Qualities, must needs add that of Content and Complacence, than which nothing is in Wives more amiable. The Restraint of others proves their Manumission, and they are apt to err on the safer hand, Retirement: or if their sprightly Genius with their Youth should incline them to the Gayety of Towns and Treat_ments, yet not being naturalized thereto by Cu_stom, they are by the sense of their Duty or perso_nal Engagement without violence reclaimed. Nor is this happy Temper only considerable in it self, but in the soveraign influence it hath on their Husbands, thereby often wean'd from their Extravagancies: whereas there is no Purgatory to the unquiet Con_versation of some Wives, when their boundless ap_petites or lofty expectations are not gratified. The turbulency of such, if Solomon may be credited, turns a Palace into a Cottage, or, if we will trust Experience, into Bridewel or Bedlam. Nay though it be but the common Chagrin, and little moods of our peevish and affected Dames, the endless imperti_nence of them too often so disturbs men of better Principles and Humour, that finding themselves un_easie sojourners in their Houses, under pretence of Civil Inclination, have courted their divertisement in the freedom of Lodgings at London, or welcome of Inns and Taverns which their Purses command. But then whilst the Lawless freedom of these Planets by inviting Courtship, if it betray them not, yet sel_dom fails of exposing even the best of them to their Husband's just resentment, nay to Lampoons and Vulgar Censures, with indelible stains of Honour; the wise and decent Reservedness of these fixed Orbs, as it worthily endears them to their Husbands, so it preserves no less their Fame than their Virtue, and perfumes their Memory.

And as there is nothing more fulsom than the pride of these goodly Cyphers at the Spring-tide of prosperity, so in any ebb of Fortune, by their droop_ing and whining they at best discover their dross. Take from these Birds of Juno their Train, and is there ought so vulgar, indeed so despicable? But though their Spirits sink, 'tis great odds their Spleens rise; and then whether the decay proceed from pub_lick Calamity, private misfortune, or, as too oft it happens, through their own fault, Reason and Pa_tience give place to Fury and Clamour: the porti_ons they brought are aloud objected, and their Husbands (though indeed the chief, if not the only sufferers) arraign'd for betraying their innocent wives to the distress of missing their Coaches and Liveries: the noise and anguish whereof is to ingenuous Na_tures so sensible, that it drives them as it were in their own defence to purchase their present quiet with ruinous compliance and concealment of their Exigencies; it being observ'd that our Domestick breaches (now so familiar) have generally their rise from the first visible decay of Husbands in their Estates, and their necessary abridging the superflui_ty of such Wives: for they are mere Summer-friends, and a sort of Legal Concubines; their love depends on their fare, and no Penny, no Pater noster, is their Principle. What a Cordial is this to men in afflicti_on! such a female Comfort for all the world had Job. Much happier is the Omen of generous Matches, Desert being the womans Dowry: To such the vi_cissitudes of Fortune are no surprisals. The Virtue of their Education qualifies even their prosperity, and for the most part secures it: but if the same wings of wealth which brought it to them, should carry it from their Husbands, they retreat in order, and ea_sily renew their old acquaintance with Thrift; nay, with less reluctancy can they go, if need be, to A_merica, than most Wives are drawn from London into some neighbouring County; as owning their Husbands welfare for their only interest, and that for their Country whither his occasions call them; whose very Eclipse by such chearful aid and compli_ance proves to him a state rather of Temperance and Retirement than want.

But lastly and chiefly, great Portions (as before was hinted) are dearly purchased with answerable Joyntures to the exceeding detriment of good Fa_milies, by keeping the Heirs almost in perpetual Nonage: whereas by dispensing in point of Fortune, all such pretences vanish, and moderate provisions (consistent with the well-being thereof) are chear_fully embraced; which being accordingly made in Bar of Dower, and (for the greater share) limit_ed to continue only during Widowhood, are like_wise the best, perhaps only sufficient Fences against those fatal Trespasses and Disseisins, which com_monly ensue from the rashness of young wantons in the choice of their second Beds: the Fortune-catch_er through his silly purchase and groundless confi_dence, proving in the mean time little better than a Pimp to his ignoble successor, and a Butcher to his posterity, expos'd almost as a certain prey to the Intruder. For daily experience acquaints us, that as Widows (so continuing, and honourably retaining the name and memory of their first Affections) are of all others the most faithful and happy Guardians and Executors; so there is no hostility to the unna_turalness of Mothers, when forsaking as it were their Colours, and betaking themselves to the ad_verse party, they become a kind of Stepdames to their own Brood.

I foresee you will meet with several Objections, commonly urged in excuse of that ignoble Principle and practice, viz. the dispensing with any thing in Marriage rather than Money, and compassing the Golden Wedge on any terms, which with one of your Judgment must even carry little weight: how_ever I shall briefly examine the most material of them.

'Tis alledged 1. That these Maxims and Asserti_ons, at least divers of them, are obnoxious to the fair Ladies frowns. 2. If the maintenance of Wives be so costly as is here surmised, and if there be such failour or contingency in the Revenue of Land, the greater still the obligation of marrying for Money. 3. By dispensing with Portion sutable to the Estate, men incurr the popular Censure of being overreach'd in their bargain, and so forfeit the esteem for dis_cretion. 4. Joyntures answerable to the Quality of Husbands, and our Legal rate of Dower seem decent if not necessary. 5. Settlement of Estates upon Marriage hath been ever reputed and found the best preservative of them from being squandred by the profuseness, or forfeited by the precipitancy of Youth. 6. Straitness of Fortune is generally at_tended with meanness of Education. 7. There are no such Qualities in women as can recompense want of Portion, nor any such defects as to counterpoise a vast Dowry, and therefore those surmises vain. 8. Such is the Lottery of Marriage through the dis_guises of women, that the whole Advice seems fan_tastical; true worth having no outward Mark. 9. 'Tis confin'd to Gentlemen of great and clear Estates who are few, and therefore at best of little use. 10. Even of such the greatest part marry at an age scarce ca_pable of those Counsels, being sway'd by their amorous inclinations; and whatever caution is used in the Bargain, yet by the insinuation of crafty Wives 'twill be afterwards easily defeated. 11. To re_dress even abuses of such prescription is a frivolous Enterprise, neither will men be so dazeled with meer flourishes, as not to see and pursue their solid In_terests.

To the first 'tis readily answered, That all fair and deserving Ladies will, I doubt not, take me for their Advocate; and if they smile, the frowns of others shall the less concern me: under that Imperial Banner I assure my self both of safety and victory.

To the second I cannot better reply, than by re_ferring to the several Antitheses betwixt Huswives and Gallants; which, together with the notorious fallacy and encumbrance of great Portions stop the mouth of this Objection. To say the truth, 'tis with women as with Fire and Water; nothing so destru_ctive where they prevail or exceed, nothing so in_nocent and useful in their proper limits.

To the third; Men should act with Reason, not regarding popular Censure, their real welfare being of greater consequence to them, than the verdict of that incompetent Jury. As to their being over_reach'd, may not the retaining the Dominion of their Estates abundantly salve their Credit? Surely they will be so far from fearing the Censure of wise men, as rather to win their applause, and perhaps invite their imitation.

The fourth might better have been urged for_merly, when Widows were indeed such. But if in moderate and limited Joyntures there be Errour, 'tis at least a safe one, reparable at pleasure, in case of special confidence or desert; the other mischief in case of demerit, being irretrievable: nay, the very reservation of Power in the Husband to oblige or re_sent is perhaps the life of his Authority.

To the fifth, Though no humane Providence be entire and complete; yet the absolute dependence of eldest Sons on their Father's bounty is the likeli_est means to secure their Duty, and curb their Per_versness and Extravagance: however let them at least owe their ruine to their own, not their Father's folly; and if perish they must, die rather like men than beasts, ordained to be innocently sacrificed.

The sixth reflects untowardly on our Gentry, who though disabled to raise Mountains for their Daugh_ters, yet oft-times recompence that want with gene_rous and usefull Breeding, such as Money perhaps can_not compass, and will therefore disdain that Vulgar scandal.

The seventh bids defiance to common Experience, which affords frequent Examples of Wives, by whose Huswifery, without advantage of Dowry, weak and encumbred Estates, even in adverse times, have been notably rescued and improved: but of e_minent Landlords by hundreds, without any visible improvidence of their own, strangely undone through the Vanity of women. Nay, there is scarce any numerous Brood, which presents not this variety e_ven among Sisters; some whereof were born for the support of Husbands, others for their downfal: so considerable is that Sex to the Lustre or Eclipse of Families. Indeed were Wives but so just or good_natur'd as to continue their Maiden-thrift in their married State, Husbands would grow but too rich.

The eighth reduces the matter to blind Chance, disabling not only Reason but Sense. Much I allow to the Artifice of Women in appearing to advantage, and with such outsides sordid Minds are affected, like greedy Vermine caught with slight Baits; there would not otherwise be such Devotions paid to such sorry Saints: But men of noble Intention are not so enchanted; Real worth being to such as dis_cernible from Affectation, as fine Silver from Alchy_my, or true Beauty from Dawbing.

For the ninth, I admit Gentlemen of entire Estates to be herein concern'd, but not exclusively to per_sons of all degrees having any solid Fund of Re_venue; these Maxims being proportionably Uni_versal.

The tenth is grounded on the presumption of in_excusable Fondness in most that marry. Truly I have not of late observ'd that amorous humour to be very predominant in our Matches; the other and worse Extreme of preferring a Licentious Celibate, or marrying with a vicious intent, being, methinks, in far more request. Some there will ever be, in whom Fortune and Folly conspire to their ruine: These I abandon as Strays and Forfeits to the Lord of the Mannour where they first light; but they are com_paratively fools. The danger of defeating Conditi_onal Settlements seems yet more remote, there being little fear of such dotage in those Husbands who had once the Prudence to make them; and less encou_ragement, one would think, for Wives, by such plain dealing, to proclaim their design of Second Marriage.

The last were indeed a just Exception, if herein I pretended to more than the advising my Friend: The subject I confess is copious enough; one might without straining argue the importance of it to the publick, what price, and consequently what life it would give to the languishing Virtues of Women; what a Curb it would prove, not only to that Sexes Vanity, but to Luxury in general, it being notorious that in effect all our ruinous Pomp may be charged on womens account, as being either by them, or for them incurred. What a sumptuary Law it would prove, if the extravagance of Wooings and Wed_dings were reduced to their simple Decorum; How it would restore the Lustre of our Gentry; how it would check the pride of our Money-monger; chief_ly founded in their greedy swallowing of his treache_rous Baits; How it would advance the noble inter_est of Land, by rescuing it from the snare of cheap and prostitute Encumbrances, &c. But you see I trouble not the Policks, leaving our Wits to dispute, whether the general disallowing or limiting of Mar_riage-portions were profitable or practicable: Let others use their discretion, and take their fortune, you, I dare say, are neither Votary nor slave to Custom.

To conclude this tedious Epistle, Marry in God's name; your Ancestors deserve and require it of you, who both by their Virtue rais'd a Family worthy to be continued, and by their providence left you an Estate sufficient to continue, nay, to enlarge it. Let no licentious Principle of the Age divert, nor Vul_gar Prejudice deter you from a state of Life for you so expedient; and which for Gentlemen of your condition, (what ever may be surmised) hath no Fetters but of their own forging: Marry, I say, but generously and circumspectly, even the most worthy or lovely person you can meet with or hear of. 'Tis a debt due to your Posterity that you propagate the best you can; nay you owe it most of all to your self and your own wel_fare: if somewhat must be dispensed with (as in all worldly matters there certainly must) let it be money, since that to my knowledge you least want: but for the propriety of your Estate, let nothing wrest it from you, and scorn that all the Bags in London should decoy you to settle it: reckon it to you as sacred and essential, as to Princes their Militia or Negative Vote; and part no more with it, than, were you a Soveraign, you would be bought or ca_jol'd tamely to resign your Sceptre. For matter of Joynture use your own Latitude; but limit the main of it to Widowhood, or the Heir's Minority, as you see cause. Be not so supine as to make no provision against Power; above all beware of Li_quid Rents: Be Captain of your own Pinnace what_ever it cost you; what you lose in the Hundred, you will abundantly recover in the County; and though you finger not a Token, know 'tis the best bargain you will ever drive. For your general and final di_rection take that of the Roman poet, &horfill; Veniunt � Dote Sagitt�: With this of the famous Epigrammatist, Inferior Matrona suo sit, Prisce, Marito, Haud aliter fiunt fœmina virque pares.

And thus heartily wishing prosperity to your noble Resolutions, I always continue, SIR, Your Faithful Kinsman and Servant A. B. |CMS |Y1685 A True ACCOUNT OF THE CAPTIVITY OF Thomas Phelps, AT MACHANESS IN BARBARY, AND Of his strange Escape in Company of Edmund Baxter and others, as also of the Burning Two of the greatest Pirat-Ships belonging to that Kingdom, in the River of Mamora; upon the Thirteenth day of June 1685. &horbar By THOMAS PHELPS. &horbar H�c olim meminisse juvabit. &horbar Licenced, August the 21st. R.L's. &horbar LONDON, Printed by H. Hills, Jun. for Joseph Hindmarsh, at the Golden_Ball over against the Royal-Exchange in Cornhill. 1685.

&horbar &horbar To the Honourable SAMUEL PEPYS, Esq; Sir,

HAving by your generous Favour had the Honour of being introduc'd into His Majesties presence, where I delivered the substance of this following Narrative, and being press'd by the importunity of Friends to Publish it to the World, to which mine own incli_nations were not averse, as which might tend to the infor_mation of my fellow Sea-men, as well as satisfying the curio_sity of my Country-men, who delight in Novel and strange Stories; I thought I should be very far wanting to my self, if I should not implore the Patronage of your ever Honoured Name, for none ever will dare to dispute the truth of any mat_ter of Fact here delivered, when they shall understand that it has stood the test of your sagacity. Sir, Your Eminent and Steady Loyalty, whereby you asserted His Majesties just Rights, and the true Priviledges of your Country in the worst of times, gives me confidence to expect, that you will vouch_safe this condescension to a poor, yet honest Sea-man, who have devoted my Life to the Service of His Sacred Majesty and my Country; who have been a Slave, but now have at_tained my freedom, which I prize so much the more, in that I can with Heart and Hand subscribe my self,

Honourable Sir, Your most Oblidged and Humble Servant. Tho. Phelps.

THE PREFACE TO THE READER.

SInce My Escape from Captivity, and worse than �gyptian Bondage, I have methinks, enjoy'd a happiness with which my former life was never acquainted; now that after a Storm and terrible Tempest, I have by Miracle put into a safe and quiet Harbour, after a most miserable Slavery, to the most unreasonable and Barbarous of Men; now that I enjoy the immunities and freedom of my Native Country, and the Privi_ledges of a Subject of England, altho' my circumstances other_wise are but indifferent, yet I find I am affected with extraor_dinary emotions and singular transports of joy; now I know what Liberty is, and can put a value and make a just estimate of that happiness, which before I never well understood, which ob_servation agrees very well with a lesson in Morals I remember I have been taught, viz. that all Happiness here below is only Re_lative, and has a value only put upon it by Comparison, Riches and Abundance have their Measures of good and convenience, from the consideration of the Miseries and Inconveniencies that attend Poverty and Want; Health can be but slightly esteemed by him, who never was acquainted with Pain or Sickness, and Liberty and Freedom are the happiness only valuable by a Re_flection on Captivity and Slavery, they who are unacquainted with, and have no notice of the Miseries of the latter, will ne_ver put a due Value and consideration upon the former; of which general Rule, the most part of my Country-men, I am sorry to say, are too particular an instance, who of all the Nations of the Earth are possessors of the greatest Liberty, but least sensible of the happiness; Here the Government secures every Man in the possession and enjoyment of what Gods blessing and his own industry has allow'd; Here even the Poor and Needy, the Impotent, and those whom the Hand of God has touch'd, have a comfortable subsistence, and plentiful provision against all extremities; Here the industrious Mechanick or Country-Farmer, can sit down at his Table better provided than many Barons of Germany, Mar_queses in France, and Knights in Spain; in a word Slavery is so strange a condition to England, that to touch its soil, is ipso facto Manumission, and the generality of the People have but little heard, and less understood the miserable State which the most part of the World is now subject to, so that the Plenty and great Liberty of the English Subjects is no great happiness to them, because they never weigh their Condition with what is the Lot of other Nations: Upon this consideration I have adven_tured to Publish this account of the Miseries I underwent, with many others, during our Captivity in Barbary, and of my Es_cape thence. My design is, Christian Reader, to work in thee by this true, tho' plain Narrative, some pitty towards the sharp sufferings of thy poor Brethren at the hands of Infidels; to instruct thee to prize the blessings of that pleasant place, where thy Lot is fallen, and where having only the benefit of Air, thou hast a goodly Heritage; and lastly with me, to Magnifie the Name of God, who in his word, commands us to tell what things he hath done for us, and to shew forth his works with gladness.

&horbar &horbar

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

UPon the 27th. day of August 1684. I Thomas Phelps set sail from the Downs in a Vessel called the Success of London, about fourty Tuns, laden with Salt, bound for a place in Ireland called the Ventrey, where we arrived the 10th. day of September: I stayed there some while, and kill'd Beaf, designing for the Madera's and Mount Surrat; accordingly on the 20th. of September, I set sail for the Madera's, but my design was crost, and my Voyage stopt as followeth: Upon the 5th. of October (being then a Hundred Leagues, West off the Rock of Lisbon) we saw a sail to windward of us, which immediatly we found to give us chace; we made what sail we could from him, and night coming on, we had, for about Two hours, lost sight of him, but at the rising of the Moon, he got sight of us, and quickly came up with us, hail_ing us whence our Ship, we answered from London, deman_ding the like of him, who made answer from Algeir, and withal commanded us to hoist out our Boat, which we re_fused to do, but we brac'd our head-sailes for him, imme_diatly he sent his Boat towards us, when it was got almost by our side, we gave them Three shouts, which so surpriz'd them, that they thought it convenient to retire aboard their own Ship; We were not a little chear'd at their departure and made from them with all the sail we could make, for we had not one great Gun, and as for Powder, I believe one sin_gle pound was the outmost of our store: In the mean time he was hoisting in of his Boat, I had got above two miles from him, which made me think I was clear of him, and withal that the Ship must be an Algerine, she appearing so great, that, according to the stories in England, I thought no such Ship could belong to Sall�; But I found my self within a little while, mightily mistaken, for as soon as his Boat was hoi_sted in, he presently fetch'd us up again: We had try'd his sailing all ways, but found we could not wrong him any way; so seeing him a stern, and a thing impossible to lose sight of us, I put out a light for him, notwithstanding I was possest at that time (God knows) with fear enough, but I thought, in the Dark, my seeming confidence and resolution might impose upon him, so as to fancy I was of some force; And truly afterwards he confessed to me, that he thought I had six Guns aboard and that I did intend to fight him.

He kept a stern of me all night, and in the morning he put out Turkish colours, which I answered with our English; then he came up, and saw I had no boat in sight, for my boat was stow'd down betwixt decks, he commanded me therefore to brace to my head-sailes, and then he sent his boat to demand my pass; Aboard her was an antient Moor, who formerly had been a slave in England and spoke good English, and who was set at liberty by our late Gracious King Charles the 2d. He seeing us in readiness with what arms we had, ask'd me, if I had a mind to break the Peace, he told me I needed not trouble my self to keep them out of our Vessel, for none of them could be perswaded to come aboard me.

I brought him my Custom-house-Cocketts, for I had no Pass: The Moor aforesaid carried them to the Captain, but soon after returned, and told me that would not satisfie the Captain, unless the Master himself would come; I made an_swer that I would not come, that I had done what I was o_blig'd to by the Articles 'twixt England and Algiers: The boat a second time put away for their Ship, and whilst they were hoisting in their boat, I made what sail I could, and was got a mile or more from them again, entertaining better hopes than I was in the night before; But as soon as the boat was in and stow'd, the Moors made sail and came up with me again, the Captain ordering to tell me, that if I re_fus'd to come a board him, he would come aboard me with his Ship; with that he rang'd up my Weather quarter; I im_mediatly put a stays, which put him into some confussion, so that he was forced to put a stays also: He had then no Gun, which I could perceive, I saw his Ports, and his Wast was Man-high: As I came about I run under his stern, then bore away right before the Wind, he soon came up with me, but not one shot pas'd all this while, he demanded of me why I clapt a stays for to run a thwart his halse; I answered that I doubted he was not of Algier, he swore in English, to me that he was, else before this he would have discover'd him_self, and withal he told me, that if I did not come aboard, he would straightway sink me, and so he hoisted out his boat, in the mean time I boar away, but his boat coming up made me bring to again and brace a back; His boat then came a_board, I ask'd this Moor, who spoke English, what ship of Algiers this was, he very readily without stammering told me, she was call'd the Tagerene young Canary Com_mander, I immediatly then went into his boat; so soon as I came aboard, the Captain ask'd me why I was so hard of be_lief, My distrust was such then that I pray'd the Captain now that he had me aboard in his power, to resolve me whether he were a Sall�-man or not, he swore to me again that he was of Algiers, and that I should not be wrong'd; He made me sit down, and caus'd them to set Dates and Figgs before me: A little after the Captain told me that he was made acquainted by his men that they saw two Portugueses aboard my Ship, and that he would have them out, and then I should be gone about my business, I told him I had none such aboard, but he would see them two men, so two men were sent for, after that he told me there were three more and them he must have, well to be short, at last he was suspicious that I was a Portuguese also, and to convince me that I was one, I found my entertainment presently withdrawn? Thus did this faithless Barbarian serve me, until he had wheadled all my men aboard him except two, and then the valiant Moors entred my Ves_sel with abundance of courage, heaving the two remaining English over the head of the Vessel into the boat.

Thus were we all Strip'd, the Vessel Plunder'd in a mo_ment, which they did resolve to have sunk, because they were too farr at Sea distant from their own coast, but Imme_diatly we saw five sail bearing down upon us, which startled the Moors, putting them into a great fright, obliging them to quit my Vessel with abundance of Beaf and three Boxes of dry goods aboard, which their fear would not give them leasure to rummage for: In some small time the five Vessels discover'd us, when they came within two Leagues of us, had they bore down afterwards with that resolution, that they threatned before, the Pirate would never have stood to look them in the face; but alass like distracted fearful game, every of the five Ships took a several course, and being now night they all escaped.

After that we cruised about thirty Leagues to the West of the Northern Cape, and so to the Burlings, but no nearer than Twenty Leagues to the shoar, and therefore I imagin there is more safety for small vessels bound that way, to keep the shore as near as is possible, for I know certainly they never attempt to come near, but endeavour as much as they can, to avoid the shoar because our Men of War use to careen at Lisbon.

I am likewise pretty well satisfied for that small time that I was amongst them, (altho' it was too long for my profit) that no Sall�-man will fight a Ship of Ten Guns, which I found true by observation of a Country-man from Bristol, whilst I was aboard: We came up with him and hail'd him, and would have had him put out his Boat, but he refused, and withal shew'd himself ready in his own defence, upon which we were glad to leave him.

So that to satisfie all my Country-men who follow my trade I dare confidently affirm, that if I had a Ship of Ten Guns, and it should be my fortune to encounter any of these Sall�-rogues, (who all go under the notion of Algerines, who are now at peace with England) I would encourage him to send his boat, by acquainting him that our Master would come aboard and shew his pass, (which is the thing they aim at) And when the boat was come to my side, (any man of reason may judge then whether she were from Sall� or Al_giers, but however I would commit nothing should be judg_ed a breach of the Peace, 'twixt England and Algiers) I would heave in a Grapling and secure the men, all save two, whom I would permitt to return aboard and bring me a Chri_stian, or else aver my Pass, if they will not do that, I am then satisfied what he is, and think my self obliged to de_fend my self from Slavery, but this I am very confident of, that he will never stay to dispute the case afterward.

About a fortnight after I was taken, we met one Samuel Crampton who came from Faro, and whom we soon took without any resistance. The week following we took a small Ketch come from Cales, laden with Sherry and Raisins and bound for Limrick, John Elliot Master.

The number of us Christians taken aboard the Three Prizes was Twenty five, besides Twelve which were aboard the Pirate, in all Thirty seven; We who were newly taken were kept in Irons in the Hold.

After the taking of these Three Vessels the Pirate made all the sail he could for Sall� to save the spring Tide, which flows at Sall� and Mamora S S W about Thirty Leagues: To the Northward of Sall�, we met a Fleming who came from Sall�, and told our Commander that the English-men of War were at Tangier then, attending Captain Nicholason, which caused us to bear directly for Sall� and fell in directly with the Castle, where were no English-men of War, ac_cording to the Advice.

On the Bar of Sall� there run a great Sea, which obliged us to come to an Anchor near the Bar, where we rid Six hours; then were we poor Christians all let loose from our Iron_shackles, wherein we had been confin'd for Twenty days preceeding: the Captain sent the Boat, as near the Shore to the South of the Bar, as possibly he could, to enquire what News, there they were acquainted that they might safely come in the next high Water: whilst the Boat was gone a Shore, the Moors, we observ'd, fell all fast a sleep, the Cap_tain also, with his Head over the Rail, upon the half-Deck seem'd deeply ingag'd: This opportunity me thought was very inviting, I made a proposal of it to my fellow Slaves, and undertook to do the Captains business my self: The Christians were forward enough to comply with the motion, and Eleven of the Twelve, (which were Slaves retain'd in the Ship before our being taken) they also were willing, if the Twelfth who was Steward in the Ship would have consented, but this sneaking varlet prov'd recreant, and for fear of him the other Eleven turn'd also Renegadoes to this Heroick and Christian resolution; I had a mind to have dispatcht this troubler of our peace out of the way first, but the fear that his fellow Slaves would have severely resented it, restrain'd my resolution; the Slaves Name was Will. Robinson, he professed himself a Christian in words, but in deed we found more civility from the Moors than him.

At Four in the Afternoon, we weighed Anchor, and stood in for the Bar, we struck Twice going over, but without any dam_mage; it was upon the First day of November, after we had helped to moor our Ship, at Night we were all carried ashore, and conveyed to our Lodging, which was an old Stable, but without Litter or Straw, having nothing save the bare dirty Ground for our Bed or Pillow; the next Day we were all carryed aboard the Ship to Unrigg her, and get out her Bal_last, which we did; about Four in the Afternoon, I was sent for ashore to come to the Governour, who passed his sentence on us Three Masters, that we should go to his House, and there remain, until we were sent for by the King; we remained at his House Ten days, where our daily employment was to Grind the Corn for the use of his Family; at length there came an Order for us, and all the rest of the Christians to be carryed to the King, whose Ordinary and then Residence was at Machaness, a place which this present Emperour has set his Fancy upon, and bestows most of his care, and employs all Christian Slaves in Building there; it is distant from Sall� about Seventy Miles, and from Fez Thirty.

In our Journy thither, I cannot forget our Captains extra_ordinary civility, in Accommodating us sometimes with Bor_ricoes to ride on, so that in Two days and a half we arrived thither: The First night we were not brought before our great Master, but the following our Captain presented us before him, and withal some Portuguese Plate, which was taken in Mr. Crampton's Vessel; as the Captain gave it into his Hand, the surly Tyrant with a seeming scorn and disdain heav'd it against the Wall, which was the first Action I observ'd, and did a little discover the temper of my new Patron Muley Ish_mael Emperour of Morocco and Fez, &c. He ordered us to be sent amongst the rest of our fellow Slaves; as we went we were entertain'd with the civilities of the place, and wel_comed by the joyfull acclamations and complements of the Moors kicking and slapping us all along, which appeared very uncouth to me, who was but a Stranger, but that Night my fellow Captives allayed my wonder, by acquainting me, that what had past was nothing, it was only a sutable Pro_logue to all the Tragical sufferings that Christians must en_dure there whilst they are Slaves, which were so dreadful, that I could willingly, that very Night have ventured my Life to endeavour an escape; they Painted out to me the Tyran_nical humour of the Emperour, both towards the Christians and Natives, in such Bloudy Colours, viz. how they had seen him Butcher many Thousands with his own hands, how that none can be secure in his presence for that the varying of a look, a small spot in the Garment, or any such inconsiderable circumstance, will raise such a caprice in the Emperours Nod_dle, without any other provocation, as to endanger all the Heads before him, and it is very rare if the company escape with One or Two only Beheaded, or Lanced through the Body.

The Second day after my arrival thither, I saw him Lance Seven and twenty Negroes one after another, and every Day after, until New-years-day, (when he parted to Santa Cruz with his Army) I either saw or heard of his inhumane, but yet, through custom, to him Natural Barbarities, Killing and Dragging, but this latter is a piece of respect observed only to Minions and Favourites, Vice-kings and Alcaids; yea his Women are not able by all their Charms to avoid his Fury, but are more the objects of his implacable rage than any other passion: I have been several times in the West-Indies, and have seen and heard of divers Inhumanities and cruelties pra_ctised there, I have also read in Books, and have heard Lear_ned men discourse of the Sicilian Tyrants and Roman Em_perours, but indeed I forget them all, they are not to be named in comparison with this Monster of Africk, a com_position of Gore and Dust, whom nothing can attone but humane Sacrifices, and to be in whose court it is much more eligible to be his Horse or his Mule, than to be his Privado or Wife of his bosome, from whose greatest kindness my good God ever defend me, for his mercies are cruel: Yea even Hamed Ben Haddu who was his Embassadour here in England Three years ago, altho' he was received and entertain'd here with extraordinary civilities, and carress'd every where by all the endearments of kindness and respect, and altho' by his fineness and Moorish subtilty, he stole into the Inclinations of the well-meaning and good natur'd English, so that he obtain'd the reputation of Ingenuity and candour, Yet the Dog has return'd to his Vomit, and by woful experiment, all my Country-men, who come under his power, find him a harsh and cruel Master, who manag'd his affairs here with deep dissimulation, and now improves his knowledge of Eng_lish affairs, to the detriment and ruin of all the Kings Sub_jects, with whom he has to do; if it be his fortune to meet or pass by any of them, his custom is (as all the English can attest) to salute them with a devilish Curse to the best of my remembrance exprest thus, Alli Haztebuck, i.e. God roast your Father: he is indeed reckoned a great Master in the art of Dissimulation and Flattery, a qualification, which seems very requisite in a Courtier of such a Barbarous Bloody Tyrant as his Master is.

But to proceed, my fellow Christians in the next place, shewed me the staff of their life there, i.e. their Bread, which was of Barley, but black, and withal it stunk, the Corn being kept Seven years under Ground before us'd, one Days allowance if sold, would yield only Nine Fluces, which a_mount to Three Farthings; Flesh is cheap, both Mutton and Beef, but Mony is scarce, Two pounds and a half of Beef, are ordinarily sold for a Blankil, i.e. Two pence half-peny, and Two pounds of Mutton at the same rate; good white-Bread is also plentiful, half as cheap as in England; but what is this to the Slaves who have not a Farthing, and not a bit is allow'd us without Mony; I am confident there is many a Christian there, who hath not tasted a morsel of Flesh in Five Months time.

The Country is a pleasant Champion Country, very Fruit_ful, well Watered, productive of all sorts of Fruit in plenty; we Christians who arrived last, were excused for Two days from Labour, only we were instructed in our deportments to our Negroe-Taskmasters, who afterwards gave us severe cha_stisment for our mistakes and lapses: our Work and Daily Labour was continually Building of Houses and Walls; the Materials and Method is very Forreign and will appear strange to my Country-men here; there are Boxes of Wood of dimensions according to pleasure, these we fill with Earth powdred and Lime, and Gravel well beat together and tempered with Water, and when full, we remove the Box according to order, and withdraw the Box Planks, and leave this matter to dry, which then will acquire an incredible hardness, and is very lasting, for we have seen Walls of some Hundred years standing as we were informed, and all that time has not been able to do them any prejudice.

The King himself (what the reason of his humour may be I never had the curiosity to ask him) will sometimes vouch_safe to work in the Lime and Durt for an hour together, and will bolt out an encouraging word to the Slaves then, viz. as I remember, Liferus, that is, God send you to your own Countries, but I judge, he either does not speak from his Heart, or else he hopes God will not answer the Prayers of such a wicked wretch; with this sort of Labour I made a shift to pass away all the Winter, and indeed without a quible, I had no other shift or shirt, only the Charity of my fellow Slaves, who were better provided, accommodated me with a covering from the Cold, which else would have endangered my life.

The Reader, I suppose, will not think it strange, if I was dissatisfied and very weary of my condition, and therefore I did often rummage all my thoughts, for some expedient to ease me of this accursed way, not of Living, but Starving and Dying daily: My mind did often flatter me with the greatest possibility of Liberty by running away, and so con_fident I was, that I discovered my intentions to several Christians, especially to those of my near acquaintance, who by no means could be induc'd to hear the difficulties and dangers that attended such a resolution: In the mean time my Friends in England had taken some care for my Ran_some, and had given order to Mr Luddington, and English Merchant in Barbary, to endeavour my relief if One hun_dred and fifty Pounds would effect it, which Sum Mr. Lud_dington acquainted me, he was ready to disburse, if I could cut, (that is, agree with my Patron for my Ransome) for Six hundred or Seven hundred pieces of Eight: I profered the said Sum, but it would not be accepted; upon which I lookt upon my condition as desperate, my forlorn and languish_ing state of life without any hopes of Redemption, (which on_ly could support our Spirits in the midst of such great affli_ctions, and Bondage to those upon whom God and Nature seems to have imprest characters of Slavery to the rest of Mankind) appeared far worse than the terrours of a most cruel Death, I set up then my fixt and unalterable resolution to escape whatever fate attended it, leaving the event to providence; I had more than conjecture, that present Death was to be the reward of my endeavours if I were retaken, for Three Spaniards, who some Two Months before were taken, making their escape, the King caused them to be brought be_fore him, and with his own hands prov'd their Butcher, and Executioner, which cruel proceedings did wholly dishearten the poor Spirited Christians, and banished all such resoluti_ons quite out of their minds: At length I opened my mind to Mr. Baxter (who about a Year and a half before, had made an unlucky attempt to run away, but being brought back he had the Bastinado in such a sort that he could not work for a Twelve Month, having Irons continually upon his Leggs) but notwithstanding, such was his love of Chri_stian Liberty, that he freely told me, that he would adven_ture with any fair opportunity; after I had him thus engag'd by his promise, I gave him no rest, until we had pitch'd upon a Day; we also took into our Cabal and share of our For_tunes, Two Bristol-men, who were ready at an hours war_ning, when we appointed.

There are at Machaness at present about Eight hundred Christians of all Nations, Two hundred and sixty whereof are English, several of which have tendred Mony for their Ransome, some Seven hundred, some Five hundred pieces of Eight, some more, some less, but the King still put them off with this, that he would clear none particularly, but that they should go all together.

January the First, The King set forward towards Santa Cruz, with an Army of about Sixty thousand men, designing to quel his Nephew, who had made a formidable Insurrection against him, in that part of his Dominions: We Christians could not Inform our selves of the certain proceedings of these Armies, neither did we much care, fight Dog, fight Bear, but this we learnt, that it will be Two or Three years before his return, and it is not to be suppos'd that any particular Christian will be releas'd until he return; besides, there is no hopes to be laid upon the most solemn word and protesta_tion of this swarthy Infidel Muley Ismael, for, as I have been inform'd, about Four or Five years ago, by an agree_ment with Collonel Kirk, all the English slaves were to be set at liberty at the rate of Two hundred pieces of Eight a head, and the bargain was so far struck, that the Christians were got a Mile out of Town, But the accursed Jews, (the stench and pest of the Nations of the Earth, Malicious to all Man-kind and loathsome and abominable whereever they come, who not only have the blood of the Saviour of the World lying upon their Heads, but are accountable for the blood of many Thousands of his Members which they daily shed) These wicked Enemies of Christianity, brought back these poor Christians into the house of bondage thus, they proffered the Emperour as much mony as the King of Eng_land tendred for the Christians Ransome, if so be he would only lend them for a while, to build a City for the Jews, and then they should be restor'd to the King; The covetous Ty_rant soon clos'd with these advantageous terms, and the Chri_stians were turn'd over to the Jews, who imploy'd them Three years in building a City, but when finish'd, see the just Judg_ment of God! The Jews were turn'd out, and forc'd to give place to the Moors: Another remarkable story concerning the Jews I cannot but insert upon this occasion: About Three years ago, Mr. Bowrey of Bristol was, with Twenty sail more, taken by the Sall�-men, Bowrey had a parcel of Soap in his Ship, which then did belong to the King; Ben Haddu Am_bassadour in England desir'd to buy this Soap of the King, but a Jew out bid him, and so had the Soap, for which dea_ling the Ambassador kept a grudge in his mind against the Jews, and was reveng'd on them, after this manner, whilst I was there. He inform'd the King that the Jews had im_pos'd upon him and couzen'd him of Fifty thousand pieces of Eight in the matter of the Soap, upon which the King clapt up Ten of the chief Jews in Prison, until they should either pay the said Sum, or else restore the Soap, which it is to be supposed, hath been sold in Christendom Two years ago.

&horbar &horbar An Account of my Escape, Mr. Edmund Baxter, and others from Barbary.

AFter a serious consideration, finding that no proffers for my redemption would be accepted, I committed the conduct of my proceedings to Almighty providence resolving to make an Escape in company of Three more, Edmund Baxter, Anthony Bayle, and James Ingram.

On the 29th. of May, agreeing with our Guardian-Moors for a Blankil, (i.e.) 2d. ob. a piece, we had the liberty to be excus'd from work that day, we went there fore to the Town of Machaness, and having but a small stock of cash about us, viz. nine Blankils, we laid it out in Bread, and two small Bullocks bladders, with a little Burdock to carry Water in.

About Three of the clock in the Afternoon we began our journey designing to go as far as an Old house, call'd the Kings house, distant about Three miles from Machaness, resolving to conceal our selves about that house until night, and promising to our selves the greater security, because we knew some Christians used commonly to work there, but proceeding in our journey, we discover'd upon a loaded Horse the Moor who lived at that house, which oblig'd us to quicken our pace, and keep a head of him, for, if he should come up with us, he would easily discover that we did not belong to the said house, We made hast therefore before him, and coming near the house we discover'd about Twenty Moors sitting there; which accident of being hem_ed in behind and before by these our enemies, put us into a great fright, and had in all likely hood spoil'd our design, in the very entrance, if providence had not presented to our view, on one side of the house, a parcel of Lime-kills, to which, without the Moors observation we immediatly struck up, where we absconded our selves by lying flat upon our bellies; about half an hour after came two Moorish women thither, to gather up some loose wood, we considering it very inconvenient to shew our selves fearful, lest we should be taken for Renagadoes, spoke to them, but they return'd us no answer, following their business, and taking us, as vve judged, either for Moors or Christians employ'd about the said Lime-kills so vve continued there vvithout any further molestation, until night, vvhen vve proceeded on our jour_ney, traveling about Eighteen miles that night, vve passed by a great many Tents, vvhence the Dogs came out and barkt at us, and the Moors also savv us, but said nothing, mista_king us for their Country-men.

That night vve crost the great River, vvhich runs dovvn to Mamora, about Eighteen miles distance from Machaness, and about a mile from the bank of the River, vve found a convenient bush, vvhere vve took up our lodging all the day follovving, vvithout any disturbance: At night vve found our selves oblig'd to return to the said River, to furnish us vvith Water, the littleness of our vessel, vvhich contain'd not above a Gallon, being a great hindrance in our journey: We continued our progress Tvvelve miles that night, vvhich prov'd very tiresome by reason of the vveeds and bushes, and the nights vvere not so long as vve vvish'd; just about Day-break, vve found a convenient bush near to a great Valley, vvhere vve repos'd our selves; as soon as the day broke clear, we saw abundance of Cattle grasing in the bottom, with Moors, who lookt after them, but, by Gods pro_vidence, none came near us, so that we lay safe all that day, being the last day of May.

At night we set forwards, keeping the Woods, where were no Moorish Inhabitants, only wild beasts, the less sa_vage and formidable, which we often saw, but they never attempted to come near us, we travel'd about Ten miles that night, and then crossed a River, which supplied us with Water, whereof we were in want; on the other side of the River, we observ'd the footsteps of a great many Cattle, which rendred the place, as we thought, unsafe for us, we made therefore a little further progress in the morning, to the top of the Hill, where under a large Oak we found a bush convenient for our reception that day, but within a little while we were disturb in our repose, observing the Cattle to come grasing up the Hill, directly to that bush, with Moors at their heels, with all hast therefore we pact up our luggage and ran a mile further, without being discover'd, until we came to a Pear tree, furnish'd with long-grass a round him, there we took up our quarters all that day, being the First of June.

The night following, we intended to proceed, but it plea_sed God, to strike me lame with the Gout, so that I was not able to stand, I was forced therefore to remain there all that night, and the day ensuing, which was a great hindrance to my companions, and affliction to my self: The readiest expedient to remedy my distemper, which I could think upon was this, we made a fire in a hole in the ground, and I put my Foot into the hole to draw away the pain, having also a Lancet with us, I endeavour'd to breath a Vein in my Foot, but I could not effect it, for the Lancet would not enter, however, I found some ease by the force of the fire: My company being sensible of the delay, which my distemper occasion'd, began to be mov'd, insomuch that they told me, that if I could not march with them that night, they must hold themselves oblig'd to take leave of me, which added a great affliction to my sorrow, insomuch as I was the Au_thor and first mover of this escape; That I might not there_fore be forsaken by my companions, and in compliance to their importunity, I resolved to strain my outmost power.

The third of June at night I endeavoured to go, but in great pain, so that we could not proceed above Three miles, when I was forc'd to pray my Companions to stay but that night, and I did not question, but by Gods blessing, to be able to travel with them the next, they consented, and so we took up our lodging for the remainder of that night under another Pear-tree.

The fourth of June I kept baking my foot all the day in the Ground, till about two in the Afternoon, in the mean while, I procur'd Mr. Baxter to make me a wooden Leg, which accordingly he did, I perswaded them, then, to tra_vel about Three or Four miles that afternoon, which would a little ease the labour of the night, they agreed, I travel'd about Four miles with that Leg, and then rested till night on the top of a high Hill, whence we saw a great plain valley before us.

At night we shap'd our course clear of the Tents, and tra_vel'd over the edge of the plain, about Six miles; We past by several fields of corn, the Moors in the mean time hallow_ing to frighten the wild beasts from them: Crossing of a Ri_ver that night, we saw and heard several Lyons, some ap_proach'd so near that we could almost have touch'd them, but as soon as we strook fire, which we had prepar'd for that very purpose, they presently vanish'd; when the light began to display it self, we took our quarters for the next day, which was June the Fifth; At night we continued our course, when I was still lame, which was a great hindrance to my company, but we were loath to part, our bread also was al_most at an end, the consideration whereof oblig'd me to strain hard to get Eight miles that night: By resting the next day I found my self to be something better, but then to qualifie my joy for this, Another companion Anthony Bayle began to sink and give over.

June the Sixth, We set onward, and measur'd Ten miles that night, when we came to a great Swamp, there my pain renewing, I fain would have perswaded them to stay but by no intreaties could perswade them, so resolving to part, we shar'd our Bread, which came to two half Rusks a peice; I endeavour'd to allure my weak wearied Brother to abide with me, comforting him with the expectation of Gar_dens, where we two more easily than the company of Four, might provide for our selves; He would not stay; Being prest thus with the consideration of being left alone, I Re_solv'd to put forward, when it pleased God, that my foot became perfectly whole and clear of the Gout; That night we travel'd over a high barren Hill, where we fancied we heard the Suss and noise of the Sea, which encourag'd us to mend our pace until we met with a Garden, where we ga_ther'd about a dozen of small Pumpkins, a very comforta_ble assistance to us, now that our Bread was all spent, for some we eat raw, and some we roasted in the ground, where_by we found our selves considerably refresht: That night we made no more then Eight miles, for meeting with a great Oak which was blown down, we thought it inconvenient to overslip such an advantageous retirement for the next day, which we were the more desirous off, because we heard a great many Moors, tho' we could not see them,

All the next day we lay still and with exceeding content_ment we heard the noise of the Sea, at night we put on and came to the shoar, where we found whereabout we then were, viz. to the Southward of Mamora, we directed our Course then Northward for Two miles, when we could dis_cern the Castle, but knowing that we could not go to the Northward of the Castle, because the great River goes di_rectly up into the Country, we turn'd back about a mile, and finding a convenient bush, we rested there all the next day, hearing and seeing a great many Cattle, but none came near us.

June the Eighth, We gathered about half a Peck of Snailes, and caught a Land-Tortois, which we roasted and eat har_tily, that day also, we saw a Ship in the Offing, when night was come, we made down towards the Castle, and before we were aware we fell upon a Moor making a fire, which forc'd us to draw back, the Moor not discerning us, we fetcht then a compass, and by another way came down to the Castle, there we found a strong watch, which did wholly discourage our expectations of relief from that place, so we set up our Resolutions for Sall�, about Eighteen or Twenty miles to the Southward, to see what good could be done there, But before we parted with Mamora, we made bold with a little Barley and Guinny corn, growing under the Castle, of each whereof we gathered about a quarter of a Peck, to serve our necessities, and then we betook our selves to our former nights refuge, the Bush, and after having consulted how to steer our course for Sall�, the result whereof was a long the Sea-side, we rested all the next day without distur_bance.

June the Ninth, We travel'd along the Sea-side, where we saw a great deal of Raft-timber, we concluded therefore, seeing the Ship in the Offing, to make a Raft, which accor_dingly we did, and put off with it, but it would not swim, boyart with us all, we came therefore a shore, and cut all our Lashings, leaving it to the mercy of the Sea: We tra_vel'd Five miles towards Sall� that night, fearing least by staying long thereabout we should be discovered, for our footing and trayling of the Timber had made such an Impression in the sand as if an Hundred men had been there; That night we took up our quarters in a Fig-tree, about Seven miles short of Sall� where was no Inhabitant.

June the Tenth at night we made forward to Sall�, in the Road, we fell upon a parcel of Tents, where though the Dogs were ready to seize us, and the Moors themselves call'd to us, We made no answer and travel'd on, without any far_ther trouble or danger, until we came to Sall�, as soon as we came thither, we made towards the Gardens, and Gathered some Pumkins, and because night was far spent, we retrea_ted about a mile out of Town, to find some place which might secure us from discovery; we pitch'd upon a Bush in a great Valley, wherein we resolv'd to enclose our selves the day following: About Eleven of the clock of that day, we espied a Boy with a Dog keeping of Sheep, but yet not forgeting his game, which was hunting of Partridges; He beat the bush wherein we were lodg'd, and threvv in Stones, and the Dog also did his part, barking and coursing about the bush, but by miracle as we thought, we were not espied, tho' we discover'd abundance of fear amongst our selves, for if we had been taken notice of, we could not otherwise con_sult our own safety, than by the death of that poor silly Lad.

The eleventh day being past, at night we made a descent to the river of Sall�, about a mile above the Town, where we found a Boat, but could not with all our strength launch her: Anthony Bayle and I who were the only swimmers in our company, made over to the South-side of the River, to see what purchase we could make there, we found indeed Three boats, but they were all aground, so that we could do no good with them; But in searching about the new Ships, (which Five in number are building there) we found two Oares, with which we swam over to our consorts, and all together we went down by the Rivers side, to the Har_bours mouth, but we could meet with no boat to put our Oares in; We saw two Dutch-men in the River, but they kept a diligent watch, which hindred us from carrying away their boat; We concluded therefore to bury our Oares in the sand at some remarkable place, and so we betook our selves to find out a sanctuary for the day following; We found a Fig-tree full of leaves, in an unfrequented place, as we thought, on the North-side of the River, yet within call of the Ships, vvhich then vvere a building? Under the Covert of this little Tree, tho' surrounded vvith Enemies and dan_gers, vve resolv'd to expect the protection of the next day; The Reader may possibly judge this an instance of a Roman_tick courage, and an effect rather of rash boldness than pru_dent consideration; Truly, he is in the right, for vve our selves vvere of the same mind, about the middle of the next day, upon this occasion, a Moor vvho had nevvly vvasht his cloaths, directs his course directly to our Tree, and there hangs up his Al hage to dry vvhilst he himself sat dovvn not far off, to lovvse himself, an't please you; if providence did hinder him from discerning us, I assure you it vvas not for vvant of provocation, as vve all confest, and indeed I never in my life vvas in such a trembling fit, as that lovvsie Rascal put me into.

The Twelfth day of June being past, at night vve came dovvn again to the River, to look after a boat, vvhich vve had observ'd vvas moor'd in the River, half a mile higher than vvhere vve found the Oares, this, vve vvho could svvim found and brought to our consorts, We padl'd her dovvn the River close by the Dutch-men, vvho savv us, but said nothing, then vve put a shore, and fetch our Oares, vve continued padling, until vve had past a French-man, lying at the Bars mouth, who plainly savv us, but said nothing; So soon as vve had left him behind us, vve shipp'd out our Oares, and Rovving right into the Sea, our course by the North-star vvas West-North-West: vvhen vve had Rovved Four Miles or thereabout, vve discern'd a Ship at Anchor, vvhich ob_lig'd us to alter our course, and Rovv Northward, until vve had past her, fearing least she might be a Sall�-Ship, and vve had learn'd at Machaness that Tvvo of them vvere a cruizing at that time, and not yet come in, therefore it vvas, that in distrust of this Ship, vve altered our course; vve Rovved about Tvvo Leagues vvithout the Ship, and lay upon our Oares; vvhen Day broke up clear, vve savv the Ship vvith her Sailes loose, I then acquainted my Consorts, that in my judgment, if the Ship vvere of Sall� she vvould make in for the Bar at that time, because the Tide and the Sea breeze vvere then both favourable, it being High-vvater at Seven of the Clock, but if she vvere an English Man of War, as vve incessantly vvish'd, then vve thought the Sea-breeze vvould make her stand off to Sea: Notwithstanding our opinions were various, and we were doubtful what to do; at length I perswaded my consorts, with much ado, to row in and make her hull, then the Ship stood off, and at length saw us, we pull'd aboard, and found her to be the Lark-Friggot Captain Leighton Commander; after some Examination and Discourse about the Methods and Means of our Escape, I propounded to the Captain a de_sign which had newly taken strong possession of my Fancy, it was this, that if he would accommodate me with his Boat, and those belonging to the other Two Men of War, which were in Company, I would undertake to Pilot them in, and to burn what Ships were then at Mamora; The Captain im_mediately stood to the Northward, and came up with the other Two Ships, which were the Bonaventure and the Gray_hound; The Admiral was then Sick at Cales, so Captain Macdonald being Eldest Captain, we went aboard him, and sending for Mr. Fairborne, who was then Captain under Captain Priestman, who was Sick as abovesaid, they held a Council about those propositions which I had made, at first they seemed unpracticable, by reason of many difficulties, but especially of the Bar, which is worse than that of Sall�; But then when upon Second thoughts they considered the forwardness of Men, who but that very Day had escapt a heavy Slavery, and yet were willing that very Night to en_gage in the action, they concluded it both possible and fea_sible, so they entertain'd with approbation what I had pro_pos'd; After which I immediately return'd with Captain Leighton aboard the Lark, and communicated the result of the Council with my Comrade Mr. Baxter, who was heartily pleas'd with what was undertaken, and willing to go along, so he was ordered to go in the Bonaventure's Boat, and was very serviceable, and who was better acquainted with that Bar, than I was. Immediately orders were given to shave some Deal-boards, and saw some Tarr-barrels, and make rea_dy with all expedition; by Seven at Night, all things were in readiness, the Friggots were riding Two Leagues from Shore, orders were given that the Boat in which I was, viz. the Gray-hound's, should go a head, Commanded by Captain Macdonald, who behaved himself indeed with great Courage and Resolution, and the rest had orders to follow us; there were Three Barges in all, and one Yawl, the number of Men concern'd in the action, was Forty two, who all had strict charge upon pain of Death, not to seek after Plunder, which was punctually observ'd. About Eight at Night we put off from the Ships, and betwixt Nine and Ten, we fell a little to the Northward of the Bar, but by Mr. Baxter's assistance, we quickly righted our selves, and found the Bar; there was a great noise upon the Shore, all thereabout had taken the Alarm, which did nothing discourage us, we proceeded lustily, without any concernment at their hideous outcries, which when the Moors perceiv'd, and that we advanc'd with undaunted Resolutions, they thought it best to flie betimes and secure themselves and their Castle; in the mean time we pursu'd our design towards the Ships, aboard which, there being a great many Lights, we observ'd the Moors looking over the sides of the first we came to, which was the bigger of the Two, they call'd to us, to keep off, we answered them with about Twenty Granado-shells, which soon drove them overboard; they had not far indeed to escape, for the Castle Wall was within a Boats length of the Ship, so with_out any difficulty we presently entred; one Moor we found aboard, who was presently cut in pieces, another was shot in the head, endeavouring to escape upon the Cable, we were not long in taking in our Shavings and Tarr-barrels, and so set her on fire in several places, she being very apt to re_ceive what we design'd, for there were several Barrels of Tar upon the Deck, and she was newly Tarr'd as if on pur_pose; whilst we were setting her on fire, we heard a noise of some people in the Hold, we opened the Skuttles, and thereby sav'd the lives of Four Christians, Three Dutch-men and One French, who told us that the Ship on fire was Admiral and belong'd to Aly-Hackum, and the other which we soon after serv'd with the same sauce, had the Name of Plummage Cortibe, which was the very Ship, which in October last took me Captive, I cannot deny that I was possessed with an extraordinary satisfaction to see this Ship on fire, and I could not but admire the wonderful providence of God, to whom alone Vengeance belongeth, in vindicating my cause, and making me an unwitting instrument of revenge, for the injuries I received from the owners of this Vessel.

Such was the fierceness of the Flames, that vve vvere forc'd to keep off from the Ships sides, vvhereby vve be_came obnoxious to the shot of the Moors, vvho from the Walls of the Castle made a great firing upon us, both of small and great Guns, but vvith little or no Execution, for our Men, by the light of the great fire having them in per_fect view upon the Walls, made smart returns upon them, firing incessantly upon them, and with that eagerness, that they quite neglected their Oares, so that if the Tide had not turn'd to Ebb, we should have run a great risque, our Men were so full of joy, hooping and hallowing at the sight of so desirable a Bon-fire, that they never minded the dangers they might be subject to; we were therefore forced to tow the Bonaventure's Yawl, who had lost all her Oares. In all this Action we had but one Man mortally wounded, and two or three more slightly hurt: after we had compleated our business, and absolutely destroyed these Ships, we return'd out of the River, over the Bar, and pull'd aboard the Friggots, Captain Macdonald received us kindly, and gratified us with the entertainment of his Ship very frankly, aboard which we staid until we came to Cales, there we went ashore, designing a passage for Eng_land with the first opportunity; Captain Macdonald gave us Certificates of our service in the late Action, and then Mr. Baxter and I took leave of him; we did not stay long at Cales, before we met with an opportunity for England aboard Captain Atkins, who came from Leghorn and was bound for London, who very willingly granted us passage with him, and gave us civil and welcome entertainment, whom God reward and all other our Benefactors, parti_cularly (tho' to some Readers it may seem immaterial, yet when occasion offers, not to remember, to all good Men will appear unthankful, and I had rather be tax'd with im_pertinence than ungratitude) Mr. Hodges, who bestow_ed upon us Four pieces of Eight in our necessity, God return his Charity into his own Bosome with blessing and encrease, and honest Captain Gutteridge, who sent a Barrel of Beaf and a Hundred weight of Bread, least we should lie too chargeable upon Captain Atkins in our passage home, who the First day of July 1685. set Sail from Cadiz, and arrived in the Downs the 26th. of that Month.

Thus have I given a short and plain account of my Captivity and Escape, with the circum_stances that attended it, and tho' possibly my Stile may appear rough and unpolish'd, which the courteous Reader I hope will a little ex_cuse, expecting no other from a blunt Seaman, acquainted with nothing so much as Dangers and Storms, yet I do profess I have Penn'd this Narrative with all the sincerity and truth, that becomes a plain-dealing English-man: My de_sign and aim in all (kind Country-man and courteous Reader) is, to excite with me thy praises to our God the only deliverer, who hath de_livered me from a cruel and severe Captivity, and withall to stir up thy grateful resentments, for the happiness, peace and freedom, that thou enjoyest under so excellent and well tempered a Government, but most especially to move thy pitty for the afflictions of Joseph, to excite thy compassionate regard to those poor Country-men now Languishing in mi_sery and Irons, to endeavour their releasment according to thy power, at least by importuning Heaven, that during their Captivity God would support them with his Grace, to bear patiently their afflictions, and to resist all Temptations until in his good appointed time, he vouchsafe them a happy deliverance, Amen.

&horbar FINIS.

&horbar |CMS |Y1696 AN ACCOUNT OF ONE Ann Jefferies, Now Living in the County of Corn_wall, who was fed for six Months by a small sort of Airy People call'd Fairies. And of the strange and wonderful Cures she performed with Salves and Medi_cines she received from them, for which she never took one Penny of her Pa_tients. &horbar In a Letter from Moses Pitt to the Right Reverend Father in God, Dr. Edward Fowler, Lord Bishop of Glocester. &horbar All the Works of Providence are not alike. Sometimes for wise and good Reasons God has been pleased quite to alter the Course of Nature, as it were, to shew him_self to have a Power above it. Mr. Samuel Bartons's Sermon before the House of Commons, April 16. 1696. Page the 7th. &horbar London, Printed for Richard Cumberland at the An_gel in St. Paul's Church-yard. 1696.

&horbar &horbar My Lord,

WHEN about Christmas last I waited on you with my print_ed Letter to the Author of a Book, in_tituled, Some Discourses upon Dr. Burnet (now Lord Bishop of Salisbury) and Dr. Tillotson (late Lord Arch-Bi_shop of Canterbury) occasioned by the late Funeral-Sermon of the for_mer upon the latter: After I had paid my Duty and Service to your Lord_ship, you were pleased to mind me of my having told you a wonderful Story about 17 or 18 Years since, in the Company of a Kinsman of mine, A Tradesman of Plimouth; who also confirmed Part of it, from his own Knowledg: And the following Narrative you will find to contain the Substance of what you then heard. And I doubt not but I could bring several other Persons now living to justify the Truth of what I here write: Nay, the Person concerned, who is at this time living in Cornwall, must own it, and a great deal more, if she could be prevailed with to speak out. My Lord, I thought I could, if any Person alive, have prevail'd with her, she being the Servant that attended me in my Childhood; but your Lordship may see that I cannot, and therefore your Lord_ship must be content with what I here publish: I am satisfied I was not, nor could be imposed on in this Affair, the Particulars having made so great an Im_pression on me from my Youth hitherto. I know, my Lord, that the great Part of the World will not believe the Passages here related, by reason of the Strangeness of them, but I cannot help their Unbelief: Your Lordship knows the Re_cord where it's mentioned, That the Great God did marvelous things in the sight of our Forefathers, but for all that they sinned yet more, and believed not his wonderous Works: And therefore Unbelief is no new Sin crept into the World. And moreover, my Lord, if Men would give themselves time to think, they can_not but remember that the Great God has done as great and marvelous Works in our Age, both in Judgment and in Mercy, as he did in the days of old: By which the greatest Atheist may be con_vinc'd, not only of the Being of a God, but also that his Power and his Good_ness are as manifest now as of old; and therefore it's the Duty of all that do by personal Knowledg know any extraordi_nary Works or Providences of God, which are uncommon, to publish them to the World, that the Great God may be glorified, and Mankind edified; which is purely and truly the Design of pub_lishing the following Narrative. &horbar &horbar &horbar An ACCOUNT of one Ann Jefferies, now alive in the County of Cornwall, who was fed for 6 Months by a small sort of Airy Peo_ple call'd Fairies; and of the strange and wonderful Cures she performed, &c.

ANN Jefferies, (for that was her Maiden Name) of whom the fol_lowing strange things are related, was born in the Parish of St. Teath in the County of Cornwall, in December, 1626. and she is still living, 1696. being now in the 70th Year of her Age; she is married to one William Warden, formerly Hind (a Hind is one that looks after the rest of the Servants, the Grounds, Cattel, Corn &c. of his Ma_ster) to the late eminent Physician Dr. Richard Lower deceased; and now lives as Hind to Sir Andrew Slanning of Devon, Bar.

I must acquaint you, Sir, that I have made it my Business, but could not prevail, to get a Relation from her of what she her self re_members of those several strange Passages of her Life that I here relate, or of any other that I have either forgot, or that never came to my Cognizance: but she being prevail'd with by some of her poor ignorant Neigh_bours not to do it, and she fancying that if she should do it, she might again fall into Trou_ble about it; I here give your Lordship the best and faithfullest Account I can.

In the Year 1691. I wrote into Cornwall to my Sister Mary Martyn's Son, an Attorney, to go to the said Ann, and discourse her as from me, about the most material strange Pas_sages of her Life: He answers my Letter, Sept. 13, 1691. and saith, I have been with Ann Jefferies, and she can give me no particular Ac_count of her Condition, it being so long since: my Grandfather and Mother say, that she was in Bodmyn Goal three Months, and lived six Months without Meat; and during her Continu_ance in that Condition, several eminent Cures were performed by her, the Particulars no one can now relate. My Mother saw the Fairies once, and heard one say, that they should give some Meat to the Child, that she might return to her Pa_rents: Which is the fullest Relation can now be given.

But I not being satisfied with this Answer, did, in the Year 1693. write into Cornwall to my Sister's Husband, (Mr. Humph. Martyn) and desired him to go to Ann Jefferies to see if he could perswade her to give me what Ac_count she could remember of the many and strange Passages of her Life. He answers my Letter, Jan. 31, 1693. and saith, As for Ann Jefferies, I have been with her the greatest part of one day, and did read to her all that you wrote to me, but she would not own any thing of it as concerning the Fairies, neither of any of the Cures she then did. I endeavoured to perswade her she might receive some Benefit by it: She answered; That if her own Father were now alive, she would not discover to him those things that did then hap_pen to her. I ask'd her the Reason why she would not do it: She reply'd, That if she should discover it to you, that you would make either Books or Bal_lads of it: And she said, That she would not have her Name spread about the Country in Books or Bal_lads of such things, if she might have five hun_dred Pounds for the doing of it: for she said, she had been questioned before Justices, and at the Sessi_ons, and in Prison, and also before the Judges at the Assizes; and she doth believe, that if she should discover such things now, she should be que_stioned again for it. As for the antient Inhabi_tants of St. Teath Church Town, there are non of them now alive but Thomas Christopher a blind Man, (Note, this Tho. Christopher was then a Servant in my Father's House when these things happened) and he remembers many of the Passages you wrote of her. And as for my Wife, she then being so little, did not mind it; but has heard her Father and Mother relate most of the Passages you wrote of her.

This is all I can at present possibly get from her, and therefore I now go on with my own Relation of the wonderful Cures, and other strange things she did, or hap_ned to her, which is the Substance of what I wrote to my Brother, and that he read to her.

It's the Custom in our County of Cornwall, for the most substantial People of each Parish to take Apprentices the Poor's Children, and to breed them up till they attain to 21 Years of Age, and for their Service to give them Meat, Drink and Clothes. This Ann Jef_feries being a poor Man's Child of the Parish, by Providence fell into our Family, where she lived several Years, being a Girl of a bold daring Spirit: She would venture at those Dif_ficulties and Dangers that no Boy would at_tempt.

In the Year 1645, (she then being nine_teen Years old) she being one day knitting in an Arbour in our Garden, there came over the Garden-hedg to her (as she affirm_ed) six Persons of a small Stature, all clothed in green, which she call'd Fairies: upon which she was so frighted, that she fell into a kind of a Convulsion-fit: But when we found her in this Condition, we brought her into the House, and put her to bed, and took great Care of her. As soon as she recovered out of her Fit, she cries out, They are just gone out of the Window; they are just gone out of the Window; do you not see them? And thus in the height of her Sickness she would often cry out, and that with Eagerness; which Ex_pressions we attributed to her Distemper, sup_posing her light-headed. During the Extre_mity of her Sickness my Father's Mother died, which was in April, 1646. but we durst not acquaint our Maid Ann with it, for fear it might have increas'd her Distemper, she being at that time so very sick that she could not go, nor so much as stand on her Feet; and also the Extremity of her Sickness, and the long Continuance of her Distemper, had almost perfectly mop'd her, so that she became even as a Changeling: and as soon as she began to recover, and to get a little Strength, she in her going would spread her Legs as wide as she could, and so lay hold with her Hands on Tables, Forms, Chairs, Stools, &c. till she had learn'd to go again: and if any thing vex'd her, she would fall into her Fits, and continue in them a long time; so that we were afraid she would have died in one of them. As soon as she had got out of her Fit, she would heartily call upon God: and then the first Person she would ask for was my self, and would not be satisfied till I came to her. Upon which she would ask me, if any one had vex'd or abus'd me since she fell into her Fit. Upon my telling her, no one had, she would stroke me, and kiss me, calling me her dear Child; and then all her Vexation was over.

As soon as she recovered a little Strength, she constantly went to Church to pay her De_votions to our great and good God, and to hear his Word read and preached. Her Me_mory was so well restored to her, that she would repeat more of the Sermons she heard than any other of our Family. She took mighty Delight in Devotion, and in hearing the Word of God read and preach'd, altho she her self could not read.

The first manual Operation or Cure she perform'd, was on my own Mother; the Oc_casion was as follows: One Afternoon, in the Harvest-time, all our Family being in the Fields at work, (and my self a Boy at School) there was none in the House but my Mother and this Ann: my Mother considering that Bread might be wanting for the La_bourers, if Care were not taken; and she having before caus'd some Bushels of Wheat to be sent to the Mill, my Mother was re_solved that she her self would take a Walk to the Mill, (which was but a quarter of a Mile from our House) to hasten the Miller to bring home the Meal, that so her Maids, as soon as they came from the Fields, might make and bake the Bread; but in the mean time how to dispose of her Maid Ann, was her great Care, for she did not dare trust her in the House alone, for fear she might do her self some Mischief by Fire, or set the House on fire (for at that time she was so weak that she could hardly help her self, and very silly withal): At last by much Perswasions my Mother prevail'd with her to walk in the Gardens and Orchards till she came from the Mill; to which she unwillingly consented. Then my Mother lock'd the Doors of the House, and walk'd to the Mill; but as she was coming home in a very plain way, she slipt and hurt her Leg, so as that she could not rise, there she lay a considerable time in great Pain, till a Neighbour coming by on Horseback, seeing my Mother in this Con_dition, lifted her up on his Horse, and car_ried her home. As soon as she was brought within the Doors of the House, word of it was sent into the Fields to the Reapers, who thereupon immediately left their Harvest_work, and came home; the House being pre_sently full of People: a Man-servant was or_dered to take a Horse and ride for Mr. Lob, and eminent Chyrurgeon, that then liv'd at a Market-Town call'd Bodmyn, which was eight Miles from my Father's House: but whilst the Man was getting the Horse ready, in comes our Maid Ann, and tells my Mother she was heartily sorry for the Mischance she had got in hurting of her Leg, and that she did it at such a Place (naming the Place); and further, she desir'd she might see her Leg: My Mother at first refused to shew her her Leg, saying to her, what should she shew her Leg to so poor and silly a Creature as she was? for she could do her no good: but Ann being very importunate with my Mother to see her Leg, and my Mother being unwilling to vex her by denying her, for fear of her falling into her Fits, (for at all times we dealt gently, lovingly, and kindly with her, ta_king great Care by no means to cross or fret her) did yield to her Request, and did shew her, her Leg: Upon which Ann took my Mo_ther's Leg on her Lap, and strok'd it with her Hand, and then ask'd my Mother if she did not find Ease by her stroking of it? My Mother confess'd to her she did. Upon this she desired my Mother to forbear sending for the Chyrurgeon, for she would, by the Bles_sing of God, cure her Leg: and to satisfy my Mother of the Truth of it, she again ap_peal'd to my Mo_ther, whether she did not find farther Ease upon her continued stroking of the Part affected; which my Mother again acknowledged she did. Upon this my Mother countermanded the Messenger for the Chyrurgeon.

On this my Mother demanded of her how she came to the Knowledg of her Fall. She made answer, that half a dozen Persons told her of it. That, reply'd my Mother, could not be, for there was none came by at that time, but my Neighbour �� that brought me home. Ann answers again, that that was Truth, and it was also true, that half a dozen Persons told her so; for said she, you know I went out of the House into the Gardens and Orchards very unwillingly. And now I will tell you the Truth of all Matters and Things that have befallen me.

You know that this my Sickness and Fits came very suddenly upon me, which brought me very low and weak, and have made me very simple. Now the Cause of my Sickness was this.

I was one day knitting of Stockings in the Arbour in the Garden, and there came over the Garden-hedg of a sudden six small People, all in green Clothes, which put me into such a Fright that was the Cause of this my great Sickness; and they continue their Appearance to me, never less than 2 at a time, nor never more than 8: they always appear in even Numbers, 2, 4, 6, 8. When I said often in my Sickness, They were just gone out of the Window, it was really so; altho you thought me light-headed. At this time when I came out into the Garden, they came to me, and ask'd me, if you had put me out of the House against my Will: I told them I was unwilling to come out of the House: Upon this they said, you should not fare the better for it; and thereupon in that Place, and at that time, in a fair Path-way you fell, and hurt your Leg. I would not have you send for a Chyrurgeon, nor trouble you self, for I will cure your Leg: The which she did in a little time.

This Cure of my Mother's Leg, and the Stories she told of these Fairies, made such a Noise over all the County of Cornwall, as that it had the same Effect St. Paul's healing of Publius's Father of a Fever and a bloody Flux, at Malta, after his Shipwrack there, as related Acts 28.8, 9. And it came to pass that the Father of Publius lay sick of a Fever, and of a bloody Flux: to whom Paul entred in and prayed, and laid his Hands on him, and healed him. So when this was done, others also which had Diseases in the Island, came, and were healed. That People of all Distempers, Sick_nesses, Sores, and Ages, came not only so far off as the Lands-end, but also from Lon_don, and were cured by her. She took no Monies of them, nor any Reward that ever I knew or heard of; yet had she Monies at all times sufficient to supply her Wants. She neither made nor bought any Medicines or Salves that ever I saw or heard of, yet wanted them not as she had Occasion. She forsook eating our Victuals, and was fed by these Fairies from that Harvest-time to the next Christmas-day; upon which Day she came to our Table, and said, because was that Day she would eat some Roast Beef with us, the which she did, I my self being then at Table.

One time (I remember it perfectly well) I had a mind to speak with her, and not knowing better where to find her than in her Chamber, I went thither, and fell a knocking very earnestly at her Chamber_door with my Foot, and calling to her ear_nestly, Ann, Ann, open the Door, and let me in: She answered me, Have a little Patience, and I will let you in immediately. Upon which I look'd through the Key-hole of the Door, and I saw her eating; and when she had done eating, she stood still by her Bed-side as long as Thanks to God might be given, and then she made a Coursey, (or Bow) and opened the Chamber-door, and gave me a Piece of her Bread, which I did eat, and I think it was the most delicious Bread that ever I did eat either before or since.

Another odd Passage which I must relate, was this; One Lord's day my Father with his Family being at Dinner in our Hall, comes in one of our Neighbours, whose Name was Francis Heathman, and ask'd where Ann was; we told him she was in her Chamber: Upon this he goes into her Chamber to see for her; and not seeing her, he calls her: She not an_swering, he feels up and down in the Cham_ber for her; but not finding her, comes and tells us she was not in her Chamber. As soon as he had said this, she comes out of her Chamber to us, as we were sitting at Table, and tells him, she was in her Chamber, and saw him, and heard him call her, and see him feel up and down the Chamber for her, and had almost felt her, but he could not see her altho she saw him, notwithstanding she was at the same time at the Table in her Chamber eating her Dinner.

One Day these Fairies gave my Sister Ma_ry, (the now Wife of Mr. Humph. Martyn) then about four Years of Age, a Silver Cup that held about a Quart, bidding her give it my Mo_ther, and she did bring it my Mother; but my Mother would not accept of it, but bid her carry it to them again, which she did. I presume this was the time my Sister owns she saw the Fairies. I confess to your Lordship, I never did see them. I had almost forgot to tell your Lordship, that Ann would tell what People would come to her several Days before they came, and from whence, and at what time they would come.

I have seen Ann in the Orchard dancing among the Trees; and she told me, she was then dancing with the Fairies.

The great Noise of the many strange Cures Ann did, and also her living without eating our Victuals, (she being fed, as she said, by these Fairies) caus'd both the Neighbour-Ma_gistrates and Ministers to resort to my Father's House, and talk with her, and strictly exa_mined her about the Matters here related; and she gave them very rational Answers to all those Questions they then ask'd her, (for by this time she was well recovered out of her Sickness and Fits, and her natural Parts and Understanding much improv'd) my Father and all his Family affirming the Truth of all we saw. The Ministers endeavoured to per_swade her they were evil Spirits that resorted to her, and that it was the Delusion of the Devil, (but how could that be, when she did no Hurt, but Good to all that came to her for Cure of their Distempers?) and advised her not to go to them when they call'd her. Upon these Admonitions of the Ministers and Magistrates, our Ann was not a little trou_bled and concerned, not well knowing what to do in this case. However, that Night af_ter the Magistrates and Ministers were gone, my Father with his Family sitting at a great Fire in his Hall, Ann being also present, she spake to my Father, and faith, Now they call (meaning the Fairies:) We all of us urg'd her not to go. In less than half a quarter of an Hour she saith, Now they call a second time. We incouraged her again not to go to them. By and by she saith, Now they call a third time; Upon which away to her Chamber she went to them (of all these three Calls of the Fai_ries, none heard them but Ann.) After she had been in her Chamber some time, she came to us again with a Bible in her hand, and tells us, that when she came to the Fai_ries, they said to her, What, has there been some Magistrates and Ministers with you, and disswaded you from coming any more to us, saying we are evil Spirits, and that it was all the Delusion of the Devil? Pray desire them to read that Place of Scripture in the 1st Epi_stle of St. John, chap. 4. ver. 1. Dearly Be_loved, believe not every Spirit, but try the Spi_rits, whether they are of God, &c. This Place of Scripture was turn'd down to in the said Bible. (I told your Lordship before, Ann could not read.)

After this one John Tregeagle Esq; (who was Steward to the late John Earl of Radnor) being then a Justice of Peace in Cornwall, sent his Warrant for Ann, and sent her to Bod_min Goal, and there kept her a long time. That Day the Constable came to execute his Warrant, Ann milking the Cows, the Fai_ries appeared to her, and told her, that a Constable would come that Day with a Warrant for to carry her before a Justice of Peace, and she would be sent to Goal. She ask'd them if she should hide her self: they answered her, No, she should fear nothing but go with the Constable. So she went with the Constable to the Justice, and he sent her to Bodmin-Goal, and ordered the Prison_Keeper that she should be kept without Victu_als; and she was so kept; and yet she liv'd, and that without complaining. When the Sessions came, the Justices of the Peace sent their Warrant to one Giles Bawden, a Neigh_bour of ours, who was then Constable, for my Mo_ther and my self to appear before them at that Sessions, to answer such Questions as should be demanded of us about our poor Maid Ann (Bodmin was 8 Miles from my Father's). When we came to the Sessions, the first that was call'd in before the Justices was my Mother, (what Questions they ask'd her, I do not remember:) When they had done exa_mining her, they desired her to withdraw. As soon as she came forth, I was brought in, and call'd to the upper end of the Table to be examined; and there was (I suppose him to be) the Clerk of the Peace with his Pen ready in his Hand to take my Examination (I do not remember that they did put me to my Oath). The first Question they ask'd me was, What have you got in your Pockets? I answered, No_thing, Sir, but my Cuffs, which I immediately pluck'd out of my Pocket, and shewed them. Their second Question to me was, If I had any Victuals in my Pocket for my Maid Ann? I an_swered, I had not: and so they dismiss'd me as well as my Mother. But poor Ann lay in Goal for a considerable time after; and also Justice Tregeagle, who was her great Persecu_tor, kept her in his House some time as a Pri_soner, and that without Victuals. And at last when Ann was discharged out of Prison, the Justices made an Order that Ann should not live any more with my Father. Whereupon my Father's only Sister, Mrs. Francis Tom, a Widow, near Padstow, took Ann into her Fa_mily, and there she liv'd a considerable time, and did many great Cures: but what they were, my Kinsman Mr. Will. Tom, who then liv'd in the House with his Mother, can give your Lordship the best Account of any that I know living, except Ann her self. And from thence she went to live with her own Brother; and in process of time married as aforesaid.

And now, my Lord, if your Lordship ex_pects that I should give you an Account when and upon what occasion these Fairies forsook our Ann, I must tell your Lordship, I am ig_norant in that; she her self can best tell, if she could be prevailed with so to do: and the History of it, and the rest of the Passages of her Life, would be very acceptable and useful to the most curious and inquisitive Part of Mankind.

And now, my Lord, I think good here to put an end to my plain Relation of these very strange Passages of this Ann Jefferies' Life: It's only Matter of Fact which I have here faithfully related; I have not made any Ob_servations nor Reflections upon any one Pas_sage. I leave your Lordship to your own free Thoughts and Judgment. I my self cannot give one natural Reason for any one of these Passages that happened to this poor Woman, but must conclude with that great Apostle and Scholar St. Paul, Rom. 11.33,34,35,36, O the Depths of the Riches both of the Wisdom and Knowledg of God! how unsearchable are his Judg_ments, and his Ways past finding out! For who hath known the Mind of the Lord, or who hath been his Counseller? Or who hath first given to him, and it shall be recompensed unto him again? For of him, and through him, and to him, are all things: to whom be Glory for ever. Amen.

I am Your Lordship's most Humble and Dutiful Servant, MOSES PITT. May 1. 1696. |CMS |Y1704 REASONS AGAINST RESTRAINING THE PRESS. &horbar &horbar London; Printed in the Year M.DCC.IV. Janry 1703 &horbar &horbar Reasons against restraining the Press.

IF any Restraint is to be put on the Press, it must be either on a Religious or Civil Account.

All that can be pleaded for it on the score of Religion, is, that 'tis necessary to prevent men as being led into error; and as a consequence of that, nothing is to be printed that may tempt 'em to questi_on the Truth of any Part of Point of the Establish'd Religion.

In order to answer this, I must beg leave to observe, that nothing is more certain than that God does not require of men Impossibilities, as a means to obtain their future happiness; and consequently all he de_sires of them, is to use their rational Faculties after the best manner they can, for the discovery of his Will. He therefore that does this, tho never so much mistaken, is as acceptable to God, who is no Respecter of Persons, as he that's not mistaken, since he has done all God requires of him, and the other could do no more.

To affirm his Mistakes are sinful, is to make God the Author of Sin, in so framing his Understanding, that after he had done all he could to avoid Error, he necessarily fell into it. And if it be the height of Impiety to condemn one of Sin or obeying God's Commands in impartially examining, it can be no less impious to affirm the Opinion unavoidably caused by so doing to be a Sin.

How happy would men be, if, notwithstanding their difference of Opinion, they would allow on all sides, that Impartiality and Sincerity were sufficient to recommend 'em to God, and by consequence to one another? Going a step further than this, justifies the severest method of the Inquisistion: for if Men can be guilty of Impie_ty, Blasphemy, and other damnable Opinions, tho on the strictest examination they judg them agreeable to the Will of God; and if it be the Duty of those that are in Power in every Nation to prevent this, they are bound to restrain not only the liberty of Printing, but of Preaching; and to use the severest methods they can, to hinder the spreading of what_ever they apprehend to be such Opinions. But

If God will judg Men as they are accountable, that is, rational Creatures; their Reward, whether they hit or miss of Truth, will be in an exact proportion to the use they make of their Reason: and conse_quently no Opinion can be a Sin, but for want of an impartial Examination; and according as that has been more or less omitted, so one is more or less accountable.

If this, how paradoxical soever at first sight it may appear to some, is upon examination demonstrative_ly true; What can be more unreasonable, than on pretence of preventing the growth of dangerous Er_rors, to restrain the Press, and thereby hinder Men from seeing, and consequently from examining the Reasons that make against the Establish'd Religion? when without an impartial examination, let our Religion be never so true, we hold it guiltily, and with it, tho never so false, innocently. But,

What can be more inconsistent with this grand Du_ty of Examination, than a Restraint on the Press, since there can be no other Cause assigned why 'tis unlawful to publish Arguments against the State Re_ligion, but because 'tis unlawful to read them, that be_ing the sole reason of forbidding the publishing of them? And if it be once supposed unlawful to read, it must be as unlawful to hear or think on any thing, that inclines one to question the Truth of any Part of Point of the National Religion: and consequently it makes it every ones Duty in all Countries whatever, to profess that without the least Examination. But

If one has no reason to expect a Heaven, who will not be at the pains to examine what 'tis God requires of him, in order to his coming there; what a condi_tion must he be in, who not only neglects this himself, but labours to obtain a Law to make all others do the same?

The examining the Reasons on all sides (for pre_vention of which the Press is to be restrain'd) not only makes the Mistaken acceptable to God, but is the only Method that can be taken to prevent Mis_takes; for which end God has commanded every one to judg of himself, to try the Spirits, to prove all things, &c. And therefore those Divines that are for Mens trying nothing, or knowing nothing, but what pleases the Licens'd Guides in every Country, give God himself the Lie, after the worst manner that can be. And

The more People are subject to mistake, the less Reason there is to rely on any one side, but with Care and Diligence to examine the Reasons of all, and consequently the Press ought to be open to all. And when a Discourse is printed, Men by viewing and reviewing it, may form a better Judgment, than when 'tis only spoken.

In answer to this, 'tis said, and alike said every where, that Men may have an impartial Information from the Clergy of the Establish'd Church. But

Are not they under a greater Restraint than o_thers, being oblig'd to profess those Opinions to which their Preferments are annex'd, or else to starve? so that in this case, 'tis not the Man, but the Bishop_rick, the Deanery, the Prebend, the Rectory that preaches and prints nemine contradicente, Popery in one place, Lutheranism in another, Calvinism in a third; and they possibly may think it but fair to Maintain such Opinions as Maintain them; tho to speak the Truth, the Opinions generally Maintain the Priests, better than the Priests Maintain the O_pinions. Are men, so bound and shackl'd, like_ly to give a fair Representation of what can be said against 'em, when the only Cause they can al_ledg for restraining the Press, is to hinder People from knowing it? Do not the Blind lead the Blind, when the Guides on which others are wholly to depend, are not trusted to guide themselves?

In a word, all other Methods but this of exami_ning, will equally serve to promote any Religion, tho never so false, and consequently cannot be the way to distinguish the true from the many false ones; but are the pious Frauds and holy Cheats, of not very pious and very holy Men, to keep the People in a blind Obedience.

As this method is the only way to discover Truth, so 'tis this that makes it most effectual: where Men without Examination entertain a Religion, it will have but little Influence on their Practice. That does not convince the Understanding, can have but a small effect on the Will: And as far as the Reasonableness of an Opinion is seen, so far only can it ope_rate on a rational Creature; and the more Examina_tion renders it so, the more force it will have on the Affections, which are not mov'd without some sensi_ble Connexion between the Cause and the Effect. For this reasons thinking Men, Truth being endear'd to them as the discovery of their own Industry, are for the most part very conscientious; while those that owe their Religion to the chance of Education, have generally no more regard to it, than if they ow'd it to the Chance of a Die. If then the Free_dom of the Press contributes not only to endear Truth when discovered, but to the discovery of it; and if that fails, to make even Error it self innocent, all the Arguments on the account of Religion do most religiously contend for its entire Liberty. To which let me add, that

The Noble Art of Printing, that by Divine Pro_vidence was discovered to free men from the Tyranny of the Clergy they then groaned under, and with_out which the Protestant Religion must have prov'd abortive, ought not to be made a means to reduce us again under Sacerdotal Slavery. And

If our Ancestors could not secure themselves from more than Egyptian Bondage, which the Pulpits brought on them, without the assistance of the Press: What hopes have we to defend our selves against both, when by the means of the latter, the Clergy have much greater opportunities, as well as Abili_ties, to accomplish their Designs?

The Restraint of the Press is consistent enough with Popery; but for Protestants to attempt it, is striking at the Foundation of their Religion, which is built on the natural Right every one has of judging for himself in matters of Religion. But what can savour more of a blind Popish Compliance, than so entirely to give up the Conduct of Religion to a few Licensing Preists, as that nothing shall be published but what they think fit? The Learned Dr. Clagget saith, (and after the same manner do all our Clergy write when they have to do with the Papists) "Persuasive to an ingenuous Trial, p. 28. They that have a good Cause, will not fright Men from con_sidering what their Adversaries say by their Books, but rather encourage them so to do, that they may see the difference between Truth and Error, Reason and Falshood, with their own Eyes. This is the effect of a well-grounded confidence in Truth, and there's the sign of a good Cause apparently discernable, in the Application of the Clergy of the Church of England, both to their Friends and Enemies. They desire the one and t'other to con_sider impartially what is said for us, as well as a_gainst us; and whensoever Guides of a party do otherwise, they give just Cause to examine their Doctrines more carefully, by how much they are unwilling to have them examined. 'Tis a bad sign, when Men are loth to have their Opinions seen in the day, but love Darkness more than Light.

Every one thinks he has a natural Right in all matters of Learning and Knowledg, except what relates to Religion and Government, to see what can be said on all sides, in order to form his Judgment a_right; and there can be no reasons why these should be excepted, since to have a right Understanding in them, is what is most worthy a rational Being.

The more useful any Science is to Mankind, the greater will its Abuses be: Divinity, Law, Physick, are sad Instances of this. But how can these Abuses be discovered, if the Press be in their Hands that gain by them? What can be more useful than history, es_pecially of ones own Country? and can we expect a true Information, when only one side is to print? And there are few Persons, especially at a distance from London, but would think it a hardship to be deprived even of such Trifles as the common News Papers, which would not be allowed under a Restraint of the Press. Nay, we could not then hope for an impartial account even in natural things, since an evident Truth in Philosophy has been thought a monstrous Error in Divinity; and a rational Dis_course on any subject may be hindred from being printed, lest, as the late Bishop of W&horfill;r said of the most rational that ever was writ The Essay of Human Understanding., it might be ap_plied to other uses than what the Author designed.

Nothing can more discourage men of Abilities from writing, than to subject their Discourse to the mercy of an Ignorant, or at least an Unleisured Li_censer: such a hardship on the Commonwealth of Learning, will be apt to make an Imprimatur signify no more, than that the Book is foolish enough to be printed.

As the People retain a right to offer their Advice to their Representatives, so there cannot but happen several things, wherein they may receive sa_tisfaction from what is published by those without doors (as happened in the case of the Standing Army, and several other matters) which may in a great measure be hindred, by the Licensers of the press being influenced by those, who have an Interest to stifle Truth.

In a word, as many things as are worth understanding aright, so many Arguments are there for the liberty of the Press; tho the only reason that is pleaded for its restraint upon a Civil Account, is to prevent false Representations of Peoples Designs and Actions, especially of such as are dignified with a publick Character. But

Tho this may be done by speaking, who ever thought it reasonable, that all but one Party of Men should have a Padlock on their Lips? And yet this is all that's meant by a restraint of the press, since what is to be printed, is left to the arbitrary Will of men of this or that Party. And there can be no manner of reason, why writing and talking should not be on the same foot, since what's contrary to Law is in both Cases equally punishable; and a restraint of the Press cannot hinder Books from coming out by stealth.

What can be more unconscionable, considering how the Nation is divided, than to have all but one Party restrain'd from writing in their own defence, whilst that is at liberty to use them as barbarously as they please? With what unchristian Temper and inhu_mane Insolence will Partymen treat those they are comply'd to write against? and what Misrepresenti_ons, Lies and Calumnies will they not then be guilty of? 'Tis the danger of being detected and expos'd, that makes Men write with more Temper, as well as more regard to Truth.

If the Honourable House of Commons have upon a solemn Debate, thought fit to publish their Pro_ceedings to prevent being misrepresented, why should they deny those they Represent the same Liberty? And when both Houses have thought it necessary to print, (and one may venture to add, that neither House, without this Liberty, would have thought their Re_putations safe) it cannot be presume'd that either House will be putting such a Hardship on the Nation.

As Honour and Reputation secure their Votaries from committing ill and base Actions, so they incite them to all good ones; but if the Press be in the Hands of designing People, it may have a quite different effect, and be wholly employed to traduce, as it was in former Reigns, the best Men both in Church and State. And

It will be a great encouragement for Men above the ordinary reach of the Law, to crush those be_neath them, when the Press shall speak only in their favour, and the injur'd are depriv'd of the last satisfaction that opprest Vertue has, of appealing to the People, and justifying their Innocence to the World. And therefore I cannot see how one, that has any va_lue for his Reputation, will be content to run the hazard of having it put out of his power, to justify himself as publickly as he is injur'd. Whether what is said of Truth, that none is against Truth but where that is first against them, may be applied to the Press, I will not determine; but those whose Acti_ons cannot bear examination, will, no doubt, be glad of its restraint, and possibly may add Iniquity to Iniquity, by pretending they desire it out of Affec_tion to the Government, or Zeal to the Church.

The restraining the Press may not be so much for the Interest of any Party, as some fondly imagine; because their being for it, will be apt to make men believe the very worst things their Enemies say to be true; and that 'tis the fear of having their per_nicious Designs discovered, which makes them take a Method, that till now they themselves oppos'd, and which in former Reigns was made use of to advance Slavery and Popery. But

If this be of no weight, let it be consider'd, that the Press, Jackanapes like (as a Scots Gentleman said of their King) may be made to bite whomsoever they, in whose Custody it chances to be, think fit; and a restraining Law no sooner made, but the Scene of Affairs may so alter, that the Party which promoted it, may be scourg'd with Rods of their own providing, and be themselves debarr'd of that Liberty they design'd to exclude others from. And possibly some may be glad of such a Bill, the better to de_prive them of those advantages, which without it they would not think prudent to attempt. But tho this might not be the consequence at present, who can be sure in what Hands the Press hereafter may be plac'd?

As the chief Happiness as well as Dignity of rati_onal Creatures, consists in having the liberty of thinking on what Subject they please, and of as freely communicating their Thoughts: so all good Go_vernments that have allow'd this Freedom, were so far from suffering by it, that it wonderfully endear'd them to their People. And no Ministry can be hurt by the liberty of the Press, since they have a number of Dependents, ready upon all occasions to write in justification of their Conduct; nay, to gold over the worst of their Actions, and give a fair Colour to their most pernicious Designs; and at the same time so to misrepresent the true Patriots of their Country, that the People, their real Friends, being deprived of the liberty of publickly justifying themselves, may mis_take them for their Enemies, and caress those that are truly so.

The liberty of the Press must keep a Ministry with_in some tolerable Bounds, by exposing their ill De_signs to the People, with whom if they once lose their Credit, they will be very unfit Tools for a Court to work with. But

The Arts of State in most Places being to enslave, or keep the People in Slavery, it became a Crime to talk, much more to write about State-Matters. And the Press in most Countries of Europe speaking nothing but Court-Language; the People, who till the In_vention of Printing had tolerably well preserved their Liberty, were by degrees gull'd and cheated out of those inestimable Blessings. And there's nothing, either with respect to Religion or Politicks, so destructive to Mankind, but may be made, where the Pulpit and Press conspire together, to pass for Divine Truths.

The slavish Condition the greatest part of Man_kind in all Ages have been in, shews how much they have been wanting to themselves in not taking alarm soon enough at the Chains that were preparing for 'em. And as there are few, very few Instances of Peo_ples having perceived the intended Slavery, soon e_nough to prevent it; so there are fewer Instances of their having taken Arms, but upon very just Occasion.

In a word, as there's no Freedom either Civil or Ecclesiastical, but there the liberty of the Press is maintain'd; so wherever that is secur'd, all others are safe. That like a faithful Centinel prevents all sur_prize, and gives timely warning of any approaching Danger. And therefore 'tis to be hop'd, that the Trustees of the Peoples Liberties will preserve its Freedom entire; for if its sacred Liberty is but once affected, tho by never so gentle a Law, 'tis to be feared that this will be used as an Argument to re_strain it as much as ever; for then 'twill be easy to en_graft a new Law, on pretence that the old did not answer the end, as we see 'twas urged in the Case of the Conformity Bill.

As to the obliging Authors to set their Names to their Works, that can only serve to hinder the pub_lishing the most useful Books, viz. those designed to rectify Abuses. Besides, this prejudices Peoples for or against a Book, and serves as a Handle for fulsom Flat_teries, or gross Abuses; and we have too frequent Instances of mens thinking to atone; for not answer_ing the Arguments, by railing at the Authors. And therefore those Writers, such as the Author of the Whole Duty of Man, &c. that design the utmost good, have industriously concealed their Names.

&horbar FINIS. &horbar |CMS |Y1712 A FULL CONFUTATION OF Witchcraft: More particularly of the DEPOSITIONS Against JANE WENHAM, Lately Condemned for a WITCH; at Hertford. In which The Modern Notions of Witches are overthrown, and the Ill Consequences of such Doctrines are exposed by Ar_ guments; proving that, Witchcraft is Priestcraft. &horbar A Natura multa, plura ficta, � D�mone nulla. &horbar In a Letter from a Physician in Hert_fordshire, to his Friend in London. &horbar LONDON: Printed for J. Baker at the Black-Boy in Pater-Noster-Row, 1712. Price 6d. &horbar &horbar A FULL CONFUTATION OF Witchcraft, &c. SIR,

THO' the Province you have as_sign'd me is the last I should have undertaken, by my own Consent, yet a Request from you, car_rying the Force of an absolute Command along with it, I have ventur'd to give you my hasty Thoughts upon a Subject which otherwise should have pass'd amongst the rest of the pious Frauds that have plagu'd and distracted Mankind.

I am fully aware to what hazards a Man of a Publick Character, expo_ses his Reputation to, in talking freely, much more in writing on such a To_pick, especially in the Country, where to make the least Doubt, is a Badge of Infidelity; and not to be superstitious, passes for a dull Neutrality in Religion, if not a direct Atheism. And here, Sir, I cannot but envy one Privilege you enjoy in Town, which is, a Free_dom of Thought and Talk, whilst we are very often reduc'd to the Necessity of swallowing the greatest Improbabi_lities, without the least Change of Countenance, for fear of offending any Bigot of Figure. To offer any Rea_son in Bar of their Perswasion, would be call'd an Attempt upon their Judg_ments; so that in all popular Errors, if we discover the least Incredulity, we run the Risque of being taken for Men of no Religion; or if we pretend to be implicit Believers, we play the Hypocrite with our Reason and Con_science. But as to my own part, who never yet came under the slavish Ties of popular Compliances, or ever suffer'd my Judgment to mingle with the Crowd, am not very tender of contra_dicting any Opinion, how powerfully soever supported, where I see any ten_dency in it towards enslaving Mankind, or establishing Error on the Foot of Pride and Superstition. I am glad so judicious and penetrating a Judge went the Circuit, who could not be impos'd upon by the stale Artifice of Exorcisms, or suffer his Faith to bend to an en_chanted Feather. His rational Distrust of so many Improbabilities, I hope, will be a lasting precedent to others in that venerable Station; so that here_after we may not have that Waste of Humane Blood in every Village, upon the wild Testimonies of a parcel of Brain-sick People, who often stand in need of Dieting and Shaving them_selves.

What I have to say upon this Head being to be compriz'd within the Com_pass of a Letter, I shall not enter up_on a long Dissertation of the distinct Species of Evil Spirits, or the Diffe_rence the Learned make between them; but directly fall upon examining the Absurdity and Inconsistency of the late Depositions against Jane Wenham. 2dly, Shew that all our Proofs of Witch_craft, are very fallacious, and conse_quently ought never to extend to Life. And in the last place, That the pre_tended Exorcisms practised on Anne Thorn, are meer spiritual Juggles, and the very Spirit of Priest-craft.

Of all the ridiculous Stories that have been vamp'd up to seduce and impose upon the credulous Part of Mankind, I never yet met with any one usher'd in with such a Farce, as that of Ma_thew Gliston's being sent upon a Fool's Errand to fetch Straw from a Dunghil, leap three Miles, without having any fur_ther Violence offered to him. This was a sportive sort of Witch-craft; and Jane Wenham's Familiar at that time, was a merry Droll, he must be rank'd amongst that Species of Demons, of which they say there are but thirty Thousand who divert themselves with wild Pranks here upon Earth, and sometimes are said to do agreeable Services to Mankind. But setting this aside, how natural is it to conjecture, that this Fellow, in or_der to ingratiate himself with his Ma_ster, and knowing the Spleen he bore Jane Wenham, to contrive this foolish Capricio of his own, which, how ridi_culous and unaccountable soever it may sound, still makes it more the ignorant Fellow's own Invention, and could not fail of being digested by all Degrees of People, after they had proclaim'd her a Witch for some Years? But can any Man in his serious Thoughts be_lieve a Spirit to be an Actor in so co_mical a Part as is here represented? Can it en_ter any Man's Heart to conceive, that any Familiar, or Demon, would engage in such Trifles, to come and play idle insignificant Pranks, enter a humane Body, force it against its Will to such a place, and cui Bono, why truly, for a pennyworth of Straw, and to bring it home in his Shirt. These are such crude, indigested Stories, as would scarce pass upon the poor igno_rant Lap-landers.

This was only design'd, I presume, as a merry Prologue, to make the Au_ditors laugh, till the Curtain was drawn, and the Scene open'd, where the rest of the Entertainment is equally diverting. Jane Wenham is affronted for being call'd Witch by Chapman, Mr. Gardiner the Parson is made Referree of the Diffe_rence, assigns her but a Shilling Da_mage; which she resenting, said, she would have Justice somewhere else, if she could not have it there. Though there was nothing harsh in that Ex_pression of Jane Wenham's, but what might drop from any Person either conscious to herself, or not conscious of the Crime she was accused, consider_ing the Provocation was so great in the Eye of the World, and the Da_mage assign'd her was so small; yet upon an Accident falling out in Mr. Gardiner's Family, this Expression of hers is wrested to a Threatning of some dreadful Revenge upon the Parson's House. But here a modest Query may arise: Why did not the Blow fall di_rectly upon the Parson, who had in_jur'd her, or transferr'd to so remote a Branch of his regard as that of a Ser_vant? That Question, upon second Thoughts, may be too free: What! Thunder-strike Oaks? What! a Cler_gy-man lie exposed to the Fury of the Devil? No, no, they are all of the holy Seed, and cannot be reach'd by any infernal power: So the Man of God being impregnable, the poor Maid, who is describ'd equally as innocent, is left to stand the Shock. And really the first prank is very extrarordinary: Anne Thorn finding a Roaming in her Head, and thinking on Jane Wenham, is with her lame Knee, all on a sud_den, transported against her Will, half a Mile, climbs over a Five-Bar-gate to gather some Sticks, meets an Old Wo_man, who gives her a crooked Pin to pin up the Sticks in her Apron and Gown, and so she returns, and Mrs. Gardiner finds her stripp'd upon her Return. A strange and wonderful Account, and all done in the space of seven Minutes, which would take upon seven Years to make good Proof of. Now the genuine Account of the Matter seems to lie thus: Anne Thorn sitting by the Kitchin Fire musing, and her Spirits being under a growing Disorder, as we may ratio_nally suppose they were, by the Sequel: Such an irregular motion as stripping her self, might strike upon her Fancy, and she be prompted to take off her Gown, and gather up a few Oaken Twigs, which lie generally loose about a Kitchin hearth, and make them up in a Bundle: That being seiz'd with an Epileptick Fit, as the Symptom of find_ing a Roaming in her Head (by which, no doubt, she meant a Giddiness or Vertigo) plainly indicates, Jane Wen_ham, who was in her Thoughts just at her going into the Fit, might very probably beat strongly upon her Ima_gination, during that Paroxism; and that Mrs. Gardiner coming in at the Close of the Fit, and finding her in that disorder'd Posture, Anne Thorn re_lated to her what was so warm upon her Fancy. This is natural to suppose, without stretching of Reason, or com_mon Sense. But here was a very good Handle for a Story against the suspe_cted Jane Wenham; and when they were furnish'd with such Materials from the poor Delirant, they might as well make a Wild-Goose Chase of it, as let the Scene be confin'd to so nar_row a Compass as the Chimney-Cor_ner. Evidence in such a Case could not be long a procuring; no doubt, the whole Parish, after a Prepossession of Jane Wenham's being a Witch for many Years, could not fail of believing any Thing against her, even in Oppo_sition to their Senses. Accordingly two of John Chapman's Men are pitch'd upon as Witnesses to this Half-Mile-Course of Anne Thorn's; one of which, I pre_sume, was the Fellow that was sent to pick Straws three Miles, and had not worn that Journey out of his Head; and another (as discerning a Spirit as himself) Evidence that perhaps might justly hang a Day for Sheep-biting. This, I say, seems to be a plain and full Account of the first Adventure. But when People come to talk positive_ly, and depose the several Passages as are related by Anne Thorn, upon Oath, they are shocking to every common Ear. In a true Laxation of the Knee, it is impossible to walk, the Bone be_ing out of its proper Socket, rendring the Motion of the Muscles altogether useless. If it was only a violent Ex_tention of the Rotula, something might be allow'd: But it's hard to tell what this was, your Country Bone-Setters seldom plaguing their Heads with Di_stinctions.

Now here, if I might find room for Belief, I would rather place Anne Thorn amongst the Number of Mani_acks, than Demoniacks, for they real_ly bespeak something more than Hi_sterical: Her frequent Ravings, her lucid Intervals, her strong Imagination, her more than ordinary Strength, are Symptoms which agree well enough with Mad People; her fre_quent Calling out upon Jane Wenham, as the Source of all her Woe, no doubt, was owing to an Idea strong_ly impress'd upon her Brain, of Jane Wenham's being a Witch, and a mischievous Person, improved by an heat_ed Imagination, and raised to a pitch of Fury against her by the quick and impetuous Motion of the animal Spi_rits, and rapid Motion of the Blood.

As to that Objection which lies in my way, of Anne Thorn's appearing very composed, and free from any Dis_order of Mind, before she was seiz'd with these Fits. It is answered, That generally before Maniacks, or mad People, fall into their Distemper, there is a great Calm and Slowness of Mo_tion in the Animal Spirits, which oc_casions a very slow Motion in the Hu_mours about the Bowels, and very of_ten a Stagnation, that disposes them to a particular sort of Putrefaction, whence gradually proceeding some putrid, sharp, and salin Particles that oppress the Animal Spirits, and dull their Mo_tion, till they separate gradually, and mix with the whole Mass of Blood, then at length great Crowds issuing out, do violently stimulate and hurry the Animal Spirits into that Fury and Tempest.

As to her seeing an Old Woman muffled up in a Riding-Hood, and giving her a crooked Pin, and then vanishing, is all ridiculous and fanciful. For in less Indispositions than this poor Maid is reported to labour under, we find People, either thro' a Viciousness of Sight, or by a certain Situation of Objects, they believe they see that which really is not. In nervous Cases, does it not often happen, that by a certain Motion of our Eyes, Objects appear to us otherwise than they seem to us when without this Motion? In short, our Senses are allow'd to be great Deceivers. But I take this Apparition of the Old Woman in a Riding-hood to be the effect of a deprav'd imagination; Fear, Terror, and Rage, had so di_stracted her Brain, and multiply'd so many monstrous Idea's of Jane Wen_ham's destructive Power, that Anne Thorn could, in case of need, have, by the Strength of her warm Fancy, trans_form'd Old Jane into more Shapes and Figures, than she of her Familiar were able to do.

After this, Anne Thorn is represented to us falling into Trembling and Con_vulsions, and upon her Recovery, im_pell'd to go and fetch more Sticks, with_out which she should never be well, and leaping over Five-Bar-Gates in her Passage; and that she was hindred from going any further by Jane Wenham, who stood in the Way to intercept her. Place this Account with the Evi_dence, as I do the other amongst the Mid-summer-Night's Dreams, and do deny it to be in the Power of any person, the World calls a Witch, or Familiar, to force any Person against their Wills upon such trifling Errands; or to act so upon them, as to make them leap Five-Bar-Gates, &c. As to the First, If it be said that a Demon, Witch, or Spirit, forces any Creature to act in such and such a manner, I de_mand in the next place, how he forces him? Does he absolutely deprive him of the Liberty of doing what he pleases? How came he by this Power? Has he it from himself, or from some Superi_or Being? I believe few are so sanguine to affirm, that he has of himself the Power of forcing Men to do what_ever he pleases, without their being able to avoid submitting to his Decrees. If it be urg'd, that he holds this Po_wer of the Supreme Being, what Proof can be produc'd of it? Whatever Ar_gument can be form'd to prove this, Can it possibly suit with the Divine Wisdom and Goodness? Is there any Agreement betwixt so immense a Po_wer lodg'd in a wicked and revenge_ful Spirit, and the Divine Love to Man_kind, joined with his Knowledge of their Weakness, and how easily they are captivated and surpriz'd by his Wiles? As to the Second, 'tis no dif_ficult matter to say a Witch's Familiar, Demon, (or what you please, amongst the vast Variety of Names to call them) can do this or that; but this does not convince every thinking Person of his or her preternatural Power. Let's make a familiar Instance: No Spirit acts otherwise than by its own Will, and its Will consists in nothing but a bare Thought. Then I demand, how our own Spirit, that is our Soul, does the least thing to our Bodies, if it be true that this is done by Thought? If it is our Will, our Foot and Hand move, and in such a manner as we would have them. Let us try the same on another Body which is not ours, without the Interposition of our own. Let's try a little only by Thought, to make a Body, or the Resemblance or Shade of any one in any Place what_ever here on Earth, or in the Air. Now How then should a Demon or Fami_liar do this, who has no Body of his own? But setting aside this, perhaps as a little too abstruse, you'll say per_haps, the Supreme Being permits this Demon or Familiar to enter the Body of the Person, and so actuate it as it pleases. What a Chain of Absurdi_ties must we admit of here. Here we must suppose God working a Miracle upon every trifling Occasion, to oblige the evil Spirits; as if Miracles were not too much to grant them, consider_ing how strongly they are bent to do Mankind Mischief; and not only this, but likewise indulge them in se_veral apish, ridiculous Pranks, which they continually abuse, to the Disho_nour of the Creator, and the Damage of his innocent Creatures, and to sum up this Inconsistency, all to humour some poor, decripid, silly Old Woman. I pass by a Hurdle of Follies, much of the same Nature, till Jane Wen_ham is brought to Anne Thorn, who long'd to satiate her self with her Blood: Accordingly Jane Wenham comes to her, and Anne Thorn's Colour and Speech returns, and she scratches Jane Wenham's Forehead, but could fetch no Blood, which occasioned a very sage Remark. Now, who but a pack of Idiots, could have expected a Tor_rent of Blood, or indeed but a few Drops, from a shrivell'd Old Forehead, which, if squeez'd and collected, would not yeild half an Ounce? and even in its most florid State, is but a dry Muscle, and the Vein a rowling one, not ea_sily to be launch'd by a Finger-Nail.

After this, we find Jane Wenham submitting to be search'd, and willing to undergo all those Trials that never fail of discovering a Witch, according to the Country Probations; but this we find pass'd by as unnecessary at that time, but afterwards try'd to no purpose; tho' if any of those Persons concern'd in her Arraignment, had from their Souls believ'd her as they represented her, I am apt to believe, they would have been likewise satis_fied in that Point, as well as given to other ridiculous Notions and Expe_riments, as burning the Bundle of Sticks, and the Pin, and the Feathers, &c. But now comes on the famous Trial of Skill, about repeating the Lord's-Prayer. The Reverend Mr. Strut, the chief Champion in the Lists, and his Fellow Labourer Mrs. Gardiner, against a poor ignorant Old Woman. Impar congressus: And great Stress is laid up_on her repeating, Lead us not into Tem_ptation, with two Negatives. Now I would venture a small Wager upon it, take England round, and there are 3 Parts in 4 of the Country People pronounce that Sentence generally af_ter this manner. But not putting this infallible Touch-stone upon so uncertain an Issue, as coming from the Mouth of a Reverend Divine; It may be worth the while to enquire, whether too ma_ny of the Auditors were not very cu_rious in watching every Lapse of her Tongue, or preventing her Repetition of those Words, with too many imper_tinent Questions, or alarming her with the suppos'd Impossibility of repeating them. But drawing off from Conje_ctures, I would fain know how the false Pronunciation of that Sentence particularly, came to be the Criterion of a Witch; I think none of our Ru_bricks enjoin it as a specifick Trial, and I hope, no learned Divine has borrow'd it either from a Popish Legend, or found it amongst some Country Receipts for a Strain, a Quaking-Pudding, or a Cut Finger: No, we cannot think so meanly of any Branch of the sacred Body. Then let's come a little closer to the Point, and try it by dint of Reason. It would be some Satisfaction to know, why a Witch, &c. as the Reverend call poor old Jane, should boggle at one Sen_tence more than another. The Reason assign'd, I presume, is, that they being conscious of running voluntarily into Temptation, have not the Face to pray that God would prevent them from falling into it; whereby the Re_verend allow their Witch some Grace. But pray then, with what Front can such a Creature say, Our Father, &c. when she has renounc'd God, and resign'd her self up to the Devil by Contract? How can she say, Thy Will be done, when she is continually employ'd in the Devil's Service? In fine, How can she pray, Thy Kingdom come, or for the second Coming of Christ to Judgment, when she must expect by that Judgment to be irreversibly damn'd? But here's a very strong Argument they bring to confirm the Guilt of Jane Wenham, viz. her falling down at Mrs. Gardiner's Feet, before she gave in her Informa_tion, and begging her not to swear against her, using many Expressions of Fear, least she should be sent to Goal. Now with me it's a moot Point, whe_ther Jane Wenham's earnest Entreaty to Mrs. Gardiner, not to swear against her, does not seem rather a tender Re_gard to Mrs. Gardiner's Soul, for fear she should Perjure her self in her De_position, than a Discovery of her own Guilt. But setting that aside, Jane Wen_ham might very readily suggest to her self, that Mrs. Gardiner being the prime Undertaker in this Affair, a fierce Bi_got, and a superstitious Believer of what_ever dropt from Anne Thorn's Mouth in her raving Fits, might, by a heat of Passion, peculiar to such Zealots, give some Colourings of her own to the ridiculous Account she was to relate: And Jane Wenham being a poor help_less Creature, detested by the whole Parish, upon the Supposition of her being a Witch, being sensible of the Weight and Authority of such an E_vidence, and that her Fate in a great measure depended upon her Deposi_tion, might, amidst those anxious Fears and Cares, be allow'd to sollicit Mrs. Gardiner's Favour, without the least Co_lour of Suspicion. Then as to expressing her Fears of being sent to Goal, there is so little Stress to be laid upon it, that nothing could have justify'd the Mention of it, but only that it serves to make this Collection of Prodigies more curious. For who is there without dis_mal Apprehensions of a Goal? Who thinks of Confinement without Horror? Much more might such an abandon'd Wretch, who had neither Friends or Money, dread being sent there, when, under her Circumstances, she could ex_pect nothing less than a Course of Mi_sery and Hardship worse than Death.

As to the Information of Susan Aylott, it's so disjointed, and even conjectural, after her own Way of telling the Story, that it deserves no Remark.

Thomas Adams's is likewise of the same Complexion. He, it seems, has 3 or 4 fat Sheep die of the Megrim, by feeding in too rank Pasture; and because this poor old Creature was seen in his Tur_nip-Field, ergo she bewitch'd his Sheep. Fair Consequences, and which, if made use of, might serve to condemn all the innocent People of a Parish, as well as the guilty, in the space of a Year.

Another Wise-acre swears he came within 3 Minutes of Jane Wenham's threatning Anne Thorn, and if he had been in the Indies at that time, 'twas as much to the Purpose.

But here is some seeming weight in what comes next: Mr. Strut having re_new'd his Proof of Jane Wenham's Guilt, by her not repeating a particular Sen_tence or two in the Lord's-Prayer; af_ter his Dialect (which I have already shewn to be inconclusive) asks her, if she had any hand in bewitching Anne Thorn; to which at first she gave not positive An_swer; but upon Mr. Sturt's telling her how beneficial such a Confession would be to her own Soul, and others, if she was guilty, she began to relent, and in the Presence of Mr. Gardiner, and her Kinsman Archer, Mr. Strut ask'd her sin_cerely to tell him whether she was a Witch? she said she was: Then he ask'd her, whether she had not an hand in bewitching Anne Thorn? she said she had, but there was another concern'd with her: Then he ask'd what induc'd her to it? she said, the Girl had once vex'd her. Then she was ask'd, whether she did not meet Anne Thorn on Tuesday Morning? To which she answer'd, No: But being ask'd, whether it was not her Familiar? she answer'd in the affirmative. She likewise confess'd, she had liv'd in that Course of Life above 16 Years: She then being ask'd, what in_duc'd her to that Familiarity with the Devil? Said, it was a malicious and wick_ed Mind; for when any of her Neigh_bours vex'd her, she us'd horrid Curses and Imprecations, on which the Devil took Advantage over her.

With Submission to this Reverend Di_vine, I think that all the Questions are ve_ry superficial, and ensnaring, and half of them such as she knew not the meaning of. As to the first, Whether she was a Witch, she is said to confess her self to be so: Whereas, if his second Question had been, What is a Witch? she would not have been able to tell; and I question whether it might not have put his Re_verence to some trouble to define: The Parish having lodg'd that Name over her for some Years, the poor simple Crea_ture own'd her self to be what they had stigmatiz'd her for, without either know_ing the Hazard of Confession, or the Properties of a Witch. The second Que_stion is as unfair as the first: For she not being supposed to know the Mean_ing of a Witch in the Latitude, her Accusers took it, so by that second Question they involv'd the poor stupid Crea_ture in a Plot against her own Life. If the Question had follow'd, about the Modus of her bewitching, she would have been as much at a loss as to have defin'd a Witch. The Third Question about her Familiar, is equally ensnaring, she not knowing the meaning of the Term, or the Use a Familiar is put to: The Parson help'd her out with a lead_ing Question. Then as to her Confession of having liv'd in that Course 16 Years, I take to be no more than a bare Com_putation of the Time the Parish had ac_counted her so. The last is a fair as the rest, viz. What induc'd her to such a Familiarity with the Devil? when we have no account of any she made use of. What Familiarity this was, should like_wise have been enquir'd into: The ori_ginal Contract between them produc'd, an Account likewise how the Com_merce between them had been carry'd on; In what manner she acted under the Devil? But instead of this, we have the old dry Answer, a wicked Mind, and that she using to curse her Neigh_bours, the Devil took advantage over her. Why is not the particular Advan_tage the Devil took over her explain'd? No doubt, the Devil takes advantage over every Person that transgresses, but not so as to bring him under his imme_diate Power and Influence: Neither do I believe the Devil took any more ad_vantage over her, than any common Sinner. But the Questions and Answers are so prettily adapted, and contriv'd so well for shortning the Dispute, and ensnaring the poor senseless Creature in a few Words, that I cannot help believing but the whole Catechism, both Question and Answer, was contriv'd by the Priest. Ay! But here is Self-Conviction, she is condemn'd out of her own Mouth, and what necessity is there of farther Evi_dence. But consider the Creature that thus condemns her self: A poor, stupid igno_rant Wretch, that had been harrass'd out of her Senses, threatned by all the Parish, Brow-beaten by the Justice, loaded with 20 hard-mouth'd Depositions, closeted by Priests, told the Advantages of con_fessing, and perhaps, that a frank Dis_covery might be of use to her. I say, weighing all these Circumstances, What could be expected from this poor Wretch under this Consternation? But howe_ver, it is not Rarety to find these reputed Socerers and Witches, accusing them_selves of what they were never guilty, even of killing Persons, when they have been actually alive, either out of an un_accountable Vanity of distinguishing themselves, or a vain Design of making themselves fear'd.

After this, we are entertain'd with a merry Account of Caterwauling, and with such variety of Accents, as are se_ldom heard but about Midnight. But we find Ann Thorn's Fits continuing violent_upon her, and taking notice of no Per_son; but when JaneWenham was brought into the Room, she flew up with great Strength and Fury, crying out, What are you come to torment me, once when all the Fa_mily had given over Anne Thorn for dead.

It must be allow'd, that all Persons la_bouring under those violent Fits as Ann Thorn did, have their seeing and hearing much more exquisite (tho' deprav'd) than others, in regard of the abundance of A_nimal Spirits which are contain'd and engendred, insomuch that it may be af_firm'd, that the greatest part of their Blood is spiritualiz'd or converted into animal Spirits. Now we may rationally suppose, that Anne Thorn having spent her Fury upon Jane Wenham in the for_mer Encounter, that long Intermission out of which she could hardly be pro_vok'd, but at the Appearance of Jane Wenham, may be ascrib'd to the great Expence and Waste of Animal Spirits in her last Fit, which she was forc'd to repair, by giving the Remainder of her Spirits time to breed more.

In the next place, we meet with an enchanting Pin, which young Chauncy takes out of Jane Wenham's Hand, and pricks her with, and at last fetches out a Watry Serum; by which, I presume, they mean a Serous Blood. And truly, no more could be expected from a Wo_man advanc'd in Years, who liv'd low, and perhaps might have some other rea_son for such a Scarcity of florid Blood. But after this, we find Jane Wenham goes home, and passes the Night in Singing and Dancing, saying, the Maid should be well that Night: Was there ever such a Mixture of Frenzy, Simplicity, and Unconcernedness? Truly, I am apt to think, Jane Wenham her self was a little touched, by being so often put to the Torture of Ill-Tongues, and more an Object of Pity than Revenge.

Now comes on a second-sighted Evi_dence, who sees Pins convey'd to Anne Thorn by an invisi_ble Means. 'Tis Pity there had been any more Depositions, this is so conclusive: It would puzzle a Judge whether to try the Criminal or the Evidence: For the seeing an invisible Power, looks very dangerous.

After this, these Witch-hunters make use of an infallible Secret of proving Jane Wenham a Witch, by putting some of Anne Thorn's Urine into a Stone Bottle, tying the Cork down, and setting it o_ver the Fire.

I presume this Experiment, was made at the Instigation of Mrs. Gardiner, who was the prime She-Undertaker in this great Affair. If the Clergy were con_cern'd with the Maid's Urine, they would oblige the World with giving them a Rationale of its working such sur_prising Effects.

In short, these busie People were teising Jane Wenham upon every Occasion, that they had brought her to Fits at last, and it's no wonder to find her falling into the Alternatives of Grief and Joy.

Before Jane Wenham is sent to Goal, Mr. Strut and Mr..Gardiner make ano_ther Effort upon her, and remind her of her former Confession, which she poor Creature took little Notice, of being full of Evasions. By which we may learn, how little she knew of the Consequence of her confessing what she did to to the Parsons; but she finding they improv'd it to her Disadvantage; and being ad_vis'd, I presume, to lie more upon her Guard, was shy in answering, and told them, They lay in wait for her Life. Being ask'd in what manner she contracted with the Devil? she said, an Old Man spit upon her. A notable Method of Bargaining, and a pretty Invitation in_to his Service, and the newest way of Signing and Sealing between Parties that one shall hear of. I have read in your Books of Demmography, something that looks more solemn; as that the De_vil, in order to make People renounce God, usually makes them touch a Book, which contains several abstruse Chara_cters, and then threatens to throw them in a deep Lake of Black-water, if they don't instantly perform the Renuncia_tion: Then at the Rendezvous of their Sabbath-meetings, he gives them a past of Black Millet, and the Liver of an un_baptized Child, which has a Vertue in it of making them keep the Devil's Se_crets. He likewise sucks the Blood of the Left-foot of the Sorcerer, or Witch; with the like. These look like formal Initia_tions: But this poor Wretch was only spit upon by an old Farmer; perhaps in Spleen, or Derision, and possibly pi---s'd on, and this instantly debs her a Witch.

Passing by the two sensless Depositi_ons of Isaiah Wright, and Thomas Harvey, we are next presented with an enchant_ed Pillow, with a great many Cakes of small Feathers; which, how great a Wonder soever the Priests made of it, is no surprize to the Upholsterers, who meet with such Prodigies every Day, in the ordinary Course of Business. As to the Maids being better after the burn_ing the Feathers, it's no wonder, People in Anne Thorn's Condition being always reliev'd by the Smell of such Volatiles.

The last wonderful Ph�nomenon is, Jane Wenham's appearing to her in the Shape of a Cat. Now setting aside the Viciousness of Anne Thorn's Opticks, and the irregular Motion of her Spirits, which made her take a Cow for a Tree, and a Man for an Horse. I deny that there can be any such Transformation of an Humane Creature into a Cat, Dog, Hare, or any other Species. It is not possible, either in Soul or Body. Not in the Soul, for that would be a sort of Mortality, to which the Soul is not sub_ject. The Sorceries and magical Effects of Evil Spirits may, if God permits them, stop the Passages of our Senses, disturb them, and enfeeble the Organs, but they cannot annihilate and extinguish the rea_sonable Soul, efface the Image of God, to substitute a brutal Soul in its place. But if it should be alledg'd, that the reasonable Soul sequesters it self, and makes room for the other, that cannot be done without the intire Death of the Body. Nor is it any more possible that two Souls, the Reasonable and the Brutal, should be joined together, for then there would be two essential Forms in the same Subject, which cannot be allow'd according to Physical Principles. Nor is the Transformation of the Body more possible; for this Vessel cannot be chan_ged in order to substitute another to the reasonable Soul, which is also improper to vivifie and organize the Body of a Beast. This Head, this Humane Brain, in which the Imagination is lodg'd, and in general, all the Members of the whole Body, are so aptly compos'd for the Fun_ctions of a reasonable Soul, that it can_not be lodg'd in the Head and Body of a Brute.

I shall take notice but of one ridicu_lous passage more, and so close up my Remarks upon the Narrative, which is, that of Jane Wenham's coming to Anne Thorn's Window, after her Commitment, and threatning to torment her.

Now I thought it was a received O_pinion, That Witches had no Power o_ver a Person after being in the Hands of Justice. But supposing they have, a Query very naturally occurs; How comes it to pass, if these miserable Wretches have Liberty to get out of Prison, that they are such Fools to re_turn, and expose themselves to the al_most inevitable Danger of suffering the Torments appointed in such Cases. At this rate, we must believe they learn no Wit by conversing with the Devil.

Having briefly run over the Narra_tive, according to the Promise I made you at first, Sir, I proceed to shew how fallacious the Proofs of a Person's being a Witch are, and consequently ought ne_ver to extend to loss of Life. In Ger_many, People have a fine time of it: A bare Report that the Person is a Sorcer_er, or a Witch, is enough: They are immediately upon that imprison'd, and then interrogated; if they deny it, they are put to the Torture; if they own it, they pronounce their own Sentence. It is not so bad with us, God be thanked, but the Proof against the Criminals of this kind, amongst us, is for the most part very precarious, the chief Evidence against them being generally taken from Per_sons said to be bewitch'd by them, who are for the most part distemper'd in Mind, and consequently their Attestation is of no more weight than a Person's under a Delirium.

If any Mischief befals a Person, or his Family, after the passionate, but impotent threats of an Old Woman, it's a sure Ar_gument of her being a Witch; as if the Muttering of a few Words should con_ceal in them the occult Malignity of an im_mediate Poison, or that a Wish should be able to infect Cattle with the Murrain, or that God, whose Omnipotence but very rarely transcends the Laws of Nature, should allow them to be violated continual_ly, to oblige a petulant peevish old Woman, and the Devil be still at her Devotion.

But if there be no Occasion given, if Envy, Revenge, Malice, or Power, fall in with Ignorance, they may prove fatal to any destitute of Friends: Nay, some Per_formances, the like of which have not been seen before, in which appear some Motions, of which the Springs are unknown, have been sufficient to fix the Brand of a Sorcer_er upon a Person. A learned Man at Paris was accus'd of Magick, for printing a Com_mentary on the Tenth Book of Euclid; and a Norman Gentleman observing from the Barometer, that it would not be long before it rain'd, got his Hay mow'd whilst the fine Weather lasted, which made the Country People report, he held a Corre_spondence with the Devil. The Water Ex_periment to try Witches, is the most falla_cious of any, so is that of Marks about the Body: A Mole or Wart, or any Excre_scency, passing current for the Stamp of the Devil. It would be endless to recount the several idle Tokens the Country People have of Witchcraft, and not one of them with the least Shadow of Reason.

Now that the Vulgar should ascribe e_very thing that's a little surprizing, to Witchcraft, is no wonder; but that Clergy_men, Men suppos'd to have made some Improvement in Physick, should give into the little crude Notions of Nurses and Old Women, about Things which might easily be solv'd by natural Causes, is astonishing; but there is a Vulgus amongst the learned, who, because they cannot readily assign a Cause for the Event, as being less obvious to Sense, presently conclude it preternatural. To own their Ignorance, 'twould put them into too great a Confusion, or give them too much Trouble to search into these Causes. 'Tis a surer as well as a shorter way, for their Reputation and Ease, to cry it up at once for a Miracle. By that they free themselves from many perplexing Queries; and intermixing the specious Pretext of Religion with it, they seem to advance God's Glory.

I think, amongst the few good Things that Lewis XIV. has done, this ought to be mention'd, that he has alter'd the Proceedings against Magic and Witchcraft, turning the Penalty of Death into Banishment, and afterwards by a Decree of the Council of State in 1672, order'd that all the Prisons in Normandy should be set open to all Persons that were detained for those Crimes.

Before we take our leave of this Subject, we must examine a little into this Exorcism by Prayer, which we have reserved for the last. This Exorcism is of a very ancient Date, pra_ctis'd amongst the People of Greece. But as it was manag'd at that time, it became scandalous. It was perform'd generally by mean and merce_nary old Women, who made it their Business to go and read certain Forms of Prayer, in order to pacify Persons and Houses. This Trade of an Exorcist was accounted dishonourable in these Days, upon the Score of its being a pious Fraud: For which Reason the Orator �schines, Son to a Woman who had practis'd it, was igno_minously treated by Demosthenes. And I fear our modern Exorcists will find as little Credit amongst the Judicious, especially if all the Exor_cisms are perform'd like that upon Anne Thorn. Here is a poor Maid Epileptick, Hysterical, Lu_natick by turns: The Priest comes and prays by her in one of her Fits, which lasts more or less, accord_ing to the Disposition of her Animal Spirits. The Fit goes off in its due Course, and this is call'd an Exorcism. I do say, any one that sprinkles Water in a Person's Face that's going to swoon, has a better Claim to an Exorcist, than these. I thought in all true Exorcisms, the Evil Spirit was cast out and entirely banish'd, and left the Patient with some Struggles; still we find him returning into this Exorcis'd Per_son at Pleasure: But perhaps it was not the same Devil, and 'twere more for the Priests Credit to give out it was a fresh Demon every time: So having a Legion upon their Hands, they would have the Reputation of the great_est Kill-Devils in the Kingdom. It is with indignation, to be serious, a Man sees such bare-fac'd Impostures walk about in the Face of the World: But we presume, they who would impose on the World in this manner, hope to find their Account in it, and that nothing but Self-Interest could induce them to propagate such Delusions.

If they could once fix this Belief in the Minds of the People, that they were indued with a special Power of dispossessing Persons, and assisting them in preternatural Streights and Exigencies, by virtue of their Sacerdotal Office, how strangely would these Surmises work in time, and not only attract the Devotion of the Simple to them, but likewise weighty Offerings? Some such Design must be at the Bottom of this Delusion, and the Multitude of superstitious People at this time of Day, may be a Party, for ought I know, sufficient to support it: Nay, if once a Priest could bring his Parishi_oners to believe this power of Exorcising, I don't doubt but in time he might graft more pretended Miracles upon that Stock, and set up at last, for driving away the Plague, curing Cat_tle of the Murrain, boast of a sovereign Reme_dy against the Tooth-Ach, recover lost Goods, and in short, be resorted to as a Prophet upon all Occasions. As this would not only enrich them, and transfer the Wealth of the Parish in_to their Hand, so likewise it would raise their Persons into greater Esteem with the World. What Honours could be thought too great for such a Wonder-working Priest? and when once conferr'd by the Laity, How would the Priest improve them, till at last they might be tem_pted to put in a modest Claim to be exempted from all politick and positive Laws, unless of their own making? Nay, who could think, but that they who were entrusted with such a speci_fick and God-like power, were the fittest to be Legislators themselves, and that the Gods were come down to us in the Likeness of Men? Nay, if our Priesthood in this degenerate State, could perswade their People, that they were capable of doing so great a Miracle as exorcising a pos_sess'd Person, they might preserve their Esteem and Veneration without the laborious way of keeping up unblemish'd Sanctity, and Exempla_riness of Life. This Point once gained, How expos'd and open should we lie to all the Inroads of Popish Superstition? We might then expect to see Spiritual Fairs set up in every Parish, where hallow'd Wax-Candles, Amulets, Charms, holy Oil, and a thousand Tinklets would be sold, as so many effectual Devil-Drivers, in the Absence of the Priest. But to return to our Chevaliers of the Exorcism: I don't apprehend, with what Colour of Certainty these Gentlemen can attri_bute the Abatement of Anne Thorn's Fits to the Success of their Prayers? Indeed they chose a pro_per time to prove the Force of their spiritual Drugs, even when she was in Her Fits; and they having a round Number of Collects to ply her with, it was ten to one if the Paroxism did not abate in that Time which was forthwith ascrib'd to Prayer; whereas I would venture any Wager, that the Maid had come to her self (as they vul_garly say) within that time, without the Assistance of those Prayers. Not that I would here be thought to derogate from the Prayers of our Church, and the admirable Collects contain'd in the several Offices: No, they shall ever have my highest Esteem; but I think them of no Use in the Case before us, as neither being adapted to the Circumstance, or a Method any ways recom_mended in holy Writ. For I must beg leave to interpret that Passage of our Saviour's of this kind, geeth not out but by Prayer and Fasting, very different from the Reverend's Exposition. By their making use of this Text in their Narra_tive, to justifie the Efficacy of Prayer in such Cases, one would think that they understood the Saying of our Saviour, as if Prayer and Fasting were the proper Methods for dispossessing an Evil Spirit: Whereas, if we attend to the Con_text, we shall find it very different. This Ex_pression of our Saviour's has its Rise from a Man's bringing his Son to him, who was pos_sess'd with a dumb Spirit, having first try'd the Power of his Disciples, who were unable to cast him out. Hereupon Christ reproves them for their want of Faith, and casts out this dumb and deaf Spirit: His Disciples taking an Opportu_nity to ask him, Why they could not cast him out? he told them, this kind can come forth by nothing but by Prayer and Fasting. Now by Prayer and Fasting in this place, Christ means the Pre_paratory Acts of Devotion and Mortification, in order to obtain so sublime a Faith as was requi_site to the subduing of those Evil Spirits; not that the bare Opus operatum of Prayer or Fasting, was of any Power to expel a Demon, or chase a_way a Spirit: For we never find our Saviour making use of any Form of Prayer, but with Authority commanding them forthwith to come out, which they did sometimes with Reluctance; and upon the Approach of our Saviour, knowing it was their last Effort, would leave very terrible Marks of their Rage behind them. Of these Evil Spirits quitting them, and the immediate Change for the better, the Demoniacks were forth_with sensible, and they never return'd. But in this Mock-Exorcism, we have no violent Strug_gles, but what were the immediate Effects of the Fit. The Maid is no ways sensible of any Spi_rit going out of her, she is tormented afresh in the Course of her Distemper; and one time, by the Priests own Confession, Asmod�us was deaf to the Liturgy. But one thing must not be o_mitted here, viz. that Anne Thorn never com_plain'd to these Divines, of the Devil's Uneasi_ness at the frequent Removes they gave him by Prayer; or that Jane Wenham finding her Power wasting by the frequent Application of that Lip_salve, did not, amongst other Threatnings, warn Anne Thorn against this frequent Prayer: No, we find her, by their own Account, equally successful, and triumphing over their sham Mira_cles, and themselves expos'd as a Company of raw Artists.

As far as I can learn, the dispossessing of Evil_Spirits was one of the noblest Exercises of Pow_er Christ made use of whilst he was upon Earth, and we find the Apostles (tho' far superior to any of their Successors, in Faith and good Works) not sufficiently qualify'd for that great Undertaking; and therefore, methinks it would be but a becoming Modesty in the Priesthood, to examine their own Lives and Conversation, and their Consciences would soon make a Report how far short they fall of those Qualifications ne_cessary to so great a Work. This Method would abate their Pride, and humble their Spiritual Sufficiency, and that Glory which they assume to themselves now, upon a suppositicious Mira_cle, would then appear to them as the most des_perate Presumption. The spiritual Gifts and Graces they convey to us in their Ministerial Ca_pacity, is all the Power we know they are vested with at present, and aspiring to more, is the only Means to weaken what they are allowed to have. If to this, the Clergy would be little more conversant with the History of Diseases, and enquire more narrowly into the Physical Causes of things, several Effects would not appear so perplexing, neither would they be so forward to ascribe those Diseases to the Devil, where Nature is primarily concern'd.

FINIS. |CMS |Y1722

Picture of garden

THE CITY GARDENER. Containing the most Experienced METHOD OF Cultivating and Ordering such Ever-greens, Fruit-Trees, flowering Shrubs, Flowers, Exotick Plants, &c. as will be Ornamental, and thrive best in the LONDON GARDENS. &horbar By Thomas Fairchild, Gardener of Hoxton. &horbar &horbar LONDON: Printed for T. Woodward, at the Half-Moon against St. Dunstan's Church in Fleet-street, and J. Peele, at Locke's Head in Pater-noster Row. M.DCC.XXII. (Price One Shilling.)

To the Honourable and Worshipful The GOVERNORS Of the Hospitals of BETHLEM AND BRIDEWELL, THESE PAPERS, For the Improvement of the London GARDENS, Are most humbly Presented and Dedicated by Their most Obedient Humble Servant, Tho. Fairchild.

THE City GARDENER.

Introduction.

I HAVE upwards of thirty Years been placed near London, on a Spot of Ground, where I have raised several thousand Plants, both from foreign Countries, and of the English Growth; and in that Time, and from the Observations I have made in the London Practice of Garden_ing, I find that every thing will not pro_sper in London; either because the Smoke of the Sea-Coal does hurt to some Plants, or else because those People, who have little Gardens in London, do not know how to manage their Plants when they have got them: And yet I find, that al_most every Body, whose Business requires them to be constantly in Town, will have something of a Garden at any rate. I have been therefore advised to give my Thoughts in this Manner, that every one in London, or other Cities, where much Sea-Coal is burnt, may delight themselves in Gardening, tho' they have never so little Room, and prepare their Understanding to enjoy the Country, when their Trade and Industry has given them Riches enough to retire from Busi_ness.

The Books I have read, and the Con_versation I have had with a great Num_ber of the Trading Part of Mankind, in_form me, that all the Care, Labour, and Industry of Men of Business tend to lead them in their latter Days into Quiet and Ease, as well as to provide Fortunes for their Families. And I have lived to see some, who, from very small Beginings, both in Fortune and Opportunity of Gardening, have work'd them_selves so well through the World, that they are now Possessors of large Estates, and many Acres disposed after the best Manner; which I think will not be amiss to mention, for the Encouragement of such who are now for the Sake of Trade pinn'd down to a narrow Compass of Gardening; true Care and Industry will make their Gardens larger, as the same Care will increase their Fortunes.

One may guess at the general Love my Fellow-Citizens have for Gardening, in the midst of their Toil and Labour, by observing how much Use they make of every favourable Glance of the Sun to come abroad, and of their furnishing their Rooms or Chambers with Basons of Flowers and Bough-pots, rather than not have something of a Garden before them. Nor is this Pleasure less culti_vated among Persons of Quality, while publick Affairs oblige them to the Town, during the busy Days of the Week; I have heard some say, that the Sight of good Flowers, and their grateful Smell, has made them often wish to be enjoying the Pleasures of their Country Gardens. And so I find, that the Men of Business are all upon the same Foot in seeking Country Pleasures. We may consider that then our judicious Traders in the City have as much Reason to hope for the Enjoyment of the Pleasures of this Life, as the Persons of Quality, which are in the highest Stations; for the Pleasures of Gardening, or Country Air, which I speak of, are equally the Right of one and the other. Now, when Gardening goes so far among Men in ge_neral, as to engage the Minds of the most worthy Part of Mankind, or I might say of all Men who have the least Time for Diversion; I see no Rea_son why I should not cultivate this innocent Pleasure among my Fellow-Ci_tizens; that from the highest to the lowest, every one may be improving their Talent, or even their Mite, in the best Way they can, in order to increase their Quiet of Mind, to be fix'd in a right Notion of Country Happiness, when their Affairs will permit them to reach such Pleasures.

When we are not yet arrived at the Pleasures of a large Garden, or cannot enjoy the Benefit of a large Piece of Ground, we content our selves with a Nosegay, rather than fail.

There is, I confess, a very wide Dif_ference; but where a little is only to be had, we should be content with a little; Industry will always find out more: 'Tis Money will be the Consequence of In_dustry, and that will always go for its full Value, and bring us as many Acres as it's worth; and in Proportion to the Mo_ney Men get, so may their Gardens be larger and better garnish'd. And if their Riches does not too much engage their Mind, they may have Content too; for whoever understands, and loves a Gar_den, may have Content if he will, be_cause he has Opportunity every Day of contemplating the Works of the Creation, and of admiring the Power and Wisdom of the Crea_tor; which I think is the greatest Happiness.

I think I need say no more of the Book I am now publishing; my Design is only to instruct the Inhabitants of the City, how they may in little ar_rive at the Knowledge of managing and delighting in those Gardens, which their present Industry leads them to retire to, when their Business has given them suf_ficient Fortunes to leave off Trade; and I doubt not but, from my Experi_ence, I may add some Benefit to those who have already began to shew their Love for Gardening, even in the small_est Way, let it be never so little.

&horbar &horbar

Chap. I Of Squares, and large open Places in London and Westminster: The Plants proper to adorn them.

SOME Gentlemen, who have been abroad, have told me, that there is no publick Place for Walking in any Ci_ty on this side Italy, that is so pleasant as St. James's Park. The Gardens be_longing to the French King at Paris, are not near it in Beauty, as I am inform'd. The Park at St. James's is of a large Extent, and disposed in handsome Walks of Lime-Trees and Elms, a large regular Canal, a Decoy for Ducks. And altho' it is as much oppress'd with the London Smoke, as almost any of our great Squares; yet the wild Fowl, such as Ducks and Geese, are conformable to it, and breed there; and there is an agree_able Beauty in the Whole, which is wanting in many Country Places. The Quantity of Ground, which now lies in a manner waste in Moorfields, might un_doubtly be render'd very agreeable, was it to be adorn'd after the same manner, and be as delightful to the Citizens, as St. James's Park is to the Courtiers.

The Space of Ground is indeed large and open to the Country on one Side; but then when the other Sides are encom_pass'd with Sea-Coal Smoke, some would imagine there can be very little Hopes of a Country Prospect in such a Place. Nay, this Smoke prevails so far, that half a Mile nearer the open Country, it is sensibly felt; and yet not only Elms, Limes, and Beech-Trees grow there, but the most ungovernable Sorts of wild Fowl make it the Place of their Re_sort.

The Duke of Buckingham's Gardens, the Lord Godolphin's, the Duke of Marl_borough's, the Royal Gardens, and others which bring good Fruit and Flowers, are joining to this Park; the common Birds of the Woods are familiar in these Gar_dens, as well as the Park. And since this is plainly Matter of Fact, why may we not in many Places, that are airy in the Body of London, make such Gar_dens as may be dress'd in a Country man_ner? There is St. James's Square, Lin_coln's-Inn Fields, and Bloomsbury Square, besides others, which might be brought into delightful Gardens.

The plain way of laying out Squares in Grass Platts and Gravel Walks, does not sufficiently give our Thoughts an Op_portunity of Country Amusements; I think some sort of Wilderness-Work will do much better, and divert the Gentry better than looking out of their Win_dows upon an open Figure; for which Reason I shall explain what my Opinion is about such Squares very particularly.

In the first place; If a Square was planted in the Manner of a Wilderness, it would be a Harbour for Birds. 2dly, The Variety of Trees would be delightful to the Eye. 3dly, Groves and Wildernesses would be new and pleasant in a London Pro_spect. 4thly, The Walks, tho' regular as the Walks in the common Squares, would be more shady and more private, and the Hedges and the Groves of Trees in eve_ry Quarter would hide the Prospect of the Houses from us; every House would command the Prospect of the Whole, as well as if it was lay'd out in plain Grass Platts and Walks. And, 5thly, Every Fountain made in such Places, would have double the Beau_ty it would have in plain Squares, as is now the Fashion; and notwithstanding what may be objected to Fountains in this Wilderness-Work, that a Fountain cannot be discover'd in the Prospect of every House; I say, that it may be done with Ease, to make it appear or shew it self as well to one House as ano_ther, as my Draught will shew.

But the Draught I give may be varied by those who make or fit up such Squares. I place it here only as a small Example of what may be done; I am very sensi_ble it may be very much improved.

Now when we have fix'd upon a Draught or Design for a Square, we must consider what will grow in it, or else our Labour will be lost; and espe_cially how to make it look well in the Winter, and that Part of the Spring, when Persons of Distinction are in Town, or else the main Foundation of the De_sign will be lost; for they will not pay for a Thing that they have no Benefit of, or Pleasure in.

Therefore, first, I shall mention what Sorts of Ever-greens will grow in Lon_don, as I have found by my own Experience; tho' 'tis to be consider'd, that the Plants that will grow in a Square or large Place, will not always grow in a Street or a Court. But that I shall ex_plain more fully by and by.

First, The common green Holly will grow very well, and last a long time, and of the variegated Kinds, the Bleach and Ecles's Holly will do the best. Secondly, The Ivy will thrive very well, and afford an agreeable Green all the Winter. Thirdly, The English Box will grow well, and be very ornamental. Fourthly, The Italian Ever-green Pri_vet will thrive well. Fifthly, The Ilex or Ever-green Oak will grow, and make an handsome Ap_pearance. And, Sixthly, The Laurus or common Bay will live and be prosperous, and make a very good Show; but the Laurel, Phi_lirea, Alaternus, and others of our hardy Greens, will not do so well in London.

These six Sorts will afford good Va_riety, and dress out a Garden for Win_ter very well; but for the Sake of the Spring, when the Company is generally in Town, we should intermix with them some Flowers, Shrubs, and such Trees as will yield a Beauty in their tender opening Buds; and these are many in Number.

The flowering Shrubs are, First, The Lilac, either with the white, blue, or purple Flower, will thrive very well, and blossom very freely in Lon_don, especially in open Places. Secondly, The Laburnum will grow very well, and flower plentifully, making a beautiful Appearance with its Strings of yellow Flowers. Thirdly, The Spanish Broom will like_wise do very well, and make a good Show with its Spikes of yellow Blossoms. Fourthly, The Scorpion, bladder Sen_na, and Citissus 2 Clutis will make a good Show with their yellow Flowers; as one may observe in some little Courts or Gardens in Lincoln's-Inn Fields. Fifthly, the common white Jessamin is a Plant which grows and blossoms very freely in London. Sixthly, The gilder Rose, for a Mix_ture with the others, may do very well. Seventhly, The Province Rose, white and red, will grow in London; but no other Sort of Rose will stand in the City Gardens, since the Use of Sea-Coal; tho' I am inform'd that they grew very well in London, when the Londoners burnt Wood. Eighthly, The Passion-Tree will thrive well, and bear Blossoms, without the Trouble of housing it. Ninthly, I am told the Syringe grew very well in Soho-Square; and also the Althea-frutex has blossom'd well in Lon_don. Tenthly, Apples will blossom very freely in the open Parts of London, and make a beautiful Show as any of the flowering Shrubs; but they seldom bear Fruit, unless they are grassed upon Para_dise Stocks. Eleventhly, Pears thrive very well in London; and besides the fine Show they make when they are in Flower, they will bear very good Fruit, as may be observ'd in very close Places, and confined Allies about Barbican, and other Parts about Aldersgate-street, Bishopsgate street, &c.

To these we may add the Vine, which will do very well in London, either a_gainst Walls, or without them. In Leicester-Fields, there is a Vine that bears good Grapes every Year; and in many close Places, such as Tavern Yards, there are Vines now growing in good Perfecti_on, and even bear good Fruit; so that we might distribute them among the Plants in the Wilderness Quarters.

The Virginian Accacia makes a good Figure, and a large Tree. There was one of them growing in the close Passage between the New and Old Palace yard Westminster, about two or three Years ago, and I suppose it may be still grow_ing there; and there is some now grow_ing at Russel House in Bloomsbury Square.

We have Instances enough of the Elm, that it will do well in London, from the large Trees now growing in the Temple, and several other Inns of Court.

All the Squares which are already made, are Proofs that the Lime-Tree will bear the London Smoke, and will grow even in the closest Places; as in little Courts and Yards belonging to Taverns, tho' in the Heart of the City.

The Mulberry likewise thrives very well in London, in very close Places, ei_ther in the Ground or in Tubs.

Figgs prosper extremely in the City, and the Smoke has no ill Effect upon them. The Reverend Dr. Bennet has some of them in his Garden at Cripple_gate; which, by the new Way of Pruning, are well set for Fruit; and I question not but they will ripen very well; for Figgs have brought their Fruit to Perfec_tion in much closer Places than the Doc_tor's Garden. Figgs have ripen'd very well in the Roll's Gardens in Chancery_Lane.

The White Thorn will likewise grow very well in the City. I believe the highest Tree of the Kind in England, is now growing in London, in a close Alley leading from Whitecross-street towards Bunhill Fields. And as this Sort of Plant is very early in its Shoots, it will make a pretty early Ornament in Squares. There are good Hedges of this Plant in the Charter-house Gardens, altho' sur_rounded with Houses.

The Platanus, or Plane-Tree, likewise will do very well; and from the Large_ness of its Leaf, will make a fine Figure. There are Trees of them now in the Church-yard at St. Dunstan's in the East, above forty Foot high, which bear ripe Fruit, even so good as to produce young Plants.

The Horse Chesnut will likewise make a fine Appearance, with its beautiful Spikes of Flowers; and it gives an ex_cellent Shade, and grows very quick. We have an Instance of this in the Master of the Temple's Garden, where there is little or no Sun.

The Morello Cherry will live and thrive very well in London; and not on_ly blossom, but bring Fruit to Perfection, in the most airy Parts of the City.

The Almond should by no means be forgot, for its great Beauty, when it is in Flower, which comes very early in the Spring. 'Twill make a fine Appearance, and prosper very well in the open Parts of the City.

The Curran also will grow very well in London, and will help to fill the Wil_derness-Work of Squares.

There is no Honey-suckle that will grow in the City, but one Sort, which comes from Archangel, which we call the Russian Honey-suckle, and will thrive very well in London, as I have expe_rienced.

I am almost perswaded, that the Olive_Tree would grow well in London; and I am credibly inform'd, that in the City of Exeter, Oranges and Myrtles grow there in the Gardens without Shelter; and the Firing of that City is chiefly Sea-Coal: But I shall have Occasion of saying some_thing more on this Head in another Chapter.

The Mezereon will likewise do very well; they thrive now in the Gardens at Bridewell.

Of Flowers that will grow well in Lon_don fit for the adorning of Squares.

FOR the Edging of Borders in Squares, the Plant call'd Thrift, or Sea-Gillyflower, has been generally used, and with good Success. There are two or three Sorts of it; but the best is that which is call'd the Scarlet-Thrift. The Plant has Leaves like Grass, which grow in large Tufts, and in the flowering Season makes a very good Show, the whole Plant then being cover'd with Flowers. This Plant will last a good while, and is the best binding Edging you can use in London.

In the Borders within this Edging, there will be room for several Sorts of Flowers, besides Annuals; and those are chiefly

Lillies, which if they are of the white flowering Kind, will make a good Show in the Winter; for their Leaves are above Ground all that Time, and look very plea_sant to the Eye; but for the Sake of Va_riety, at the flowering Season, let them be intermix'd with the Orange-Lilly, and five Sorts of Martagons, which makes a fine Show. But the Leaves of this last Sort does not appear above Ground till about March.

There are striped Sorts of both these, which are much admired. For without flowering, they have as fine an Appear_ance as most Flowers that grow; the yellow and green Stripes of their Leaves are so gay. There is another Sort be_sides, which I have lately purchas'd from abroad, that has its Flower striped in scarlet and white, which blossoms very well, and is very beautiful.

The Perennial Sun-flower is also ano_ther Plant that will thrive very well in the City Gardens, and will make a good Show in the Summer with its large yel_low Flowers; and this blows higher than the Lillies, commonly about four or five Foot.

The Sweet-William will also grow ve_ry well. They make a very good Ap_pearance, and last in Flower a great while. There are the white, the striped red and white, and the deep red flower_ing Kinds. These blow about a Foot high.

The Primrose-Tree is a Plant that makes a good Show, and will grow well in London. Its Flower-stalks will some_times be near three Foot high, garnish'd from Top to Bottom with large yellow Flowers.

In the next Place, we should have Regard to the Asters or Starworts, and especially the Italian Sort, whose Flow_ers are of a fine purple Colour, and blos_soms in Autumn. The Virginia Sort is also a fair Flower, and makes a fine Show: And there is another Sort which flowers in October, and is call'd the October Flow_er, that also makes a good Appearance, and should be cultivated in London more than it is at present.

The Lillies are, the White Lilly, the early Roman-Lilly, the Fiery or Flaming Lilly, and the Orange-Lilly.

The Martagons are, the Common, the Pompony Martagon, the Imperial Mar_tagon, White Martagon, the Scarlet Mar_tagon.

The Pompony Martagon is so great a Flower, that I have seen near threescore Blossoms upon one Stalk.

The scarlet Lychness, both double and single, will stand well in London, and may be best planted in the Spring; but all the Sorts of Lillies and Martagons should be planted in Autumn.

The Campanula and Canterbury Bell does very well, and Holy Oak will make a good Figure in the Squares and open Places.

The French Honey-suckle will make a very beautiful Appearance, yielding fine Spikes of Flowers of a deep Peach-bloom Colour.

Also the Dwarf-flag Iris comes very early with its bright blue Flowers, and makes as good an Appearance as any Flower I have yet mentioned.

The Day-Lilly likewise grows very well even in close Places, where it makes a good Show, and flowers freely.

The Monks-hood makes a very good Appearance with its Spikes of blue Flow_ers; and also the Lilly of the Valley does not only grow well, but blossom every Year. There is an Instance of it now in a close Place at the Back of Guild_hall.

For the further Imbellishment of these Places, we may also plant Colchicums, which make a fine Show in Autumn.

The Everlasting Pea thrives and blos_soms very well when it has stood a Year or two; but often transplanting it, hin_ders its flowering.

The Fraxinella grows and flowers ve_ry well in Aldermanbury.

The double Rose, Campion, Valerian, and double Featherfew, will all grow and flourish in the City, and should be planted in the Spring fresh out of the Gardens; for it is too commonly the Case that the Roots of these Plants either dry and perish, or are rotted by too long soaking in Water, if they have been any time in the Markets.

I think I have now done with the Flowers that will remain good in the Ground all the Year about; I shall next speak of those which are bulbous root_ed, and should be taken up from time to time.

Pinks and Carnations will hold very well in London, in open Places, if they are taken care of in the Winter.

But Stock July Flowers and Wall_Flowers will not last above a Summer in Town, as far as my Experience informs me; but I desire that may not hinder others from trying. There may be, for ought I know, some Means found out to preserve such Plants: But I will not pretend to teach more than I have expe_rienced. The surest Way to have them do well, is to transplant them carefully, and suddenly, with good Balls of Earth about their Roots.

Twopage schematic drawing of a park or square

CHAP. II. Of making and adorning Squares; and how to dispose the several Plants in them.

HAving now treated of such Ever_greens, Trees for Shade, flower_ing Shrubs and Flowers proper to adorn a Square; I come next to the disposing of them in such a manner as will afford the best Appearance.

The Part of the Draught, mark'd A, is a Grass Platt encompass'd with a Bed for Flowers; and in the middle of the Grass may be placed a Statue, or Urn, which will give a good Ornament: Between this Grass and the Border, should be a Wa_ter-Table about eighteen Inches, or two Foot wide, to be laid with red Sand, or Cockle-Shells, and the Border a a to be planted with Flowers, as follows.

The durable Edging should be Scarlet_Thrift, or Dutch-Box, if the Place be very open; and at four Inches distance from it in the Border, should be set Cro_cus of several Kinds; and here and there some of the Winter-Aconite, whose yel_low Flowers will make an agreeable Show early in the Spring. Within these again, we may plant some of the great and small Stars of Bethlem or Ornithogalum, which with their Spikes of white Flow_ers will make a good Appearance. We may also put in some Hyacinths of the white and blue Sorts, which will blow well if they are taken up every Year, for else they will be so apt to increase in small Roots, that they will not blossom as they should do; and to crown the whole, we should plant some Tulips at proper Distances in the Lines, which will be very ornamental in the time of their Flower. But as the Gaiety of the Flow_ers I have named, will be over by the End of May; so we must take Care to provide something to succeed them, which may be Sweet-Williams, Italian Starwort, and the true Primrose; but I think Lillies are too high for this Bed: But then we have sufficient Amends made us for this Want, by the numberless Va_rieties of annual Flowers, which will garnish the Bed with Flowers of all Colours, till October. As for Example, a_mong the Dwarf Kinds, there is the Annual-Stock, Venus Looking-Glass, Venus Navelwort, Candy-Tufts, small blue-Convolvulus, Flos-Adonis, Cyanus, Dutch-Poppy, Garden-Poppy, Chi_na-Pinks, Lupines, Nigilla Romana, Sweet-scented Peas, wing'd Peas, Heart_Ease, or Viola-Tricolor; these being properly intermix'd, will afford a consi_derable Ornament to the Border I have mention'd; but that will depend upon the Person's Judgment that has the or_dering and keeping of such a Plantation.

But to conclude my Relation of this Bed of Flowers, it may be necessary to inform my Readers of the particular Beau_ties of the Annual Flowers I have men_tion'd, that they may guess at what is to be expected from a Border garnish'd, as I have directed.

In the first Place, the Dwarf Annual_Stock grows in little Tufts, well furnish'd with Flowers of a Peach-bloom Colour, and will hold about six Weeks.

Venus Looking-Glass grows likewise in low Tufts, cover'd with deep blue Flowers, and lasts about six Weeks.

Venus Navelwort is also a small tuft_ed Plant, garnish'd with white Flowers, and lasts about six Weeks.

Candy-Tufts are of two Sorts, only differing in the Colour of their Flowers; the one white, and the other red. The Plant grows in a little low Tuft, and brings likewise its Flowers in Tufts, and makes a good Show for six Weeks.

Small blue Convolvolus spreads upon the Ground, and bears its Flowers at the Joints. They are shaped like a Bell; of a fine azure Colour, with a Mixture of white and yellow in the Middle. This Plant keeps blossoming above two Months.

Flos-Adonis is a pretty Plant, with small cut Leaves; among which are pla_ced its Flowers of a dazling red Colour. It lasts about two Months.

Cyanus, or Bottle-Flower, is about a Foot high, bearing its Flowers on the Top, of various Colours, viz. white Flesh-colour, and of several Kinds of blue. They last above six Weeks.

Dutch-Poppy grows in the manner of the Field-Poppy, but brings one of the most beautiful Flowers that can be imagin'd. They are commonly as double as a Rose of a rich Scarlet striped with white, as fine as a Carnation.

The Garden-Poppy makes a larger Plant than the Dutch-Poppy, and brings very large Flowers, and very double; some Purple and White, some all Purple, others all White; some all Red, and some striped with White and Red. They make an extraordinary Show, but hardly last three Weeks.

The China-Pink, or Indian-Pink, has only this in it, which seems to suffer it to grow in Places annoy'd with the Smoke of the Sea-Coal; and that is, because it blossoms the same Year that the Seed is sown; which our other Pinks or Carna_tions never do, no more than the Sweet_William, which is of the same Family. These Indian-Pinks, indeed, do not only blossom the first Year, but will remain good in the Country two or three Years. Their Blossoms are of various Kinds with Regard to their Colours; so that they distinguish themselves in all the Course of Colours between White and Black, unless in the Yellow; for there are some which tend towards Blue very much, so deep is their Purple.

I observe in Pinks and Carnations, the Red and White prevails most, and the Purple very rarely, but in some Cases on_ly; but a strict Blue never, no more than a strict Yellow; tho' I have heard of a yellow Carnation, but never saw it. Now when any of these Carnations run to a plain Colour, they run to the deepest of their Colours, either the Red or the Purple, but never to the White, as I can find.

The Lupine is of four or five Kinds, viz. that with the yellow Flower, the small blue Flower, the great blue Flow_er, and the red, and that with the white Flower. These all bear their Flowers on Spikes, and make agreeable Figures. 'Tis the Opinion of some, that the Yel_low, which is most common, is most to be admired, because its Spikes of Flow_ers are well set with Blossoms, and those Blossoms are scented like Violets; but there are so many different Tastes, that I cannot judge which is the best. Some chuse a Blue rather than the Yellow; others love Flowers without any Scent, rather than those that have been much esteem'd for their fine Smell.

The Nigila-Romana, or as some have it, the Devil in the Bush, is rather an odd Plant, than beautiful in its Flower; for the Blossom is of a very pale blue Co_lour, and is encompass'd with shagged Leaves, as if it was ty'd up in a Bunch of Fewel; however, one would not be without it for the sake of its strange Ap_pearance.

The sweet-scented Pea makes a beau_tiful Plant, having Spikes of Flowers of a red and blue Colour. The Scent is somewhat like Honey, and a little tend_ing to the Orange-flower Smell. These blossom a long time.

The wing'd Pea is a dwarf Plant, but makes a pretty Figure when it is in Flow_er. Its Blossoms are of a glaring red, and its Cods of Peas are furbelow'd on the Edges. It lasts in Beauty about two Months.

Heart-Ease, or Viola-Tricolor, is a small Plant, which lies flat to the Ground, but its Flowers are very much to be admired for their beautiful Colours, which are commonly Yellow, Purple, and White; and sometimes otherways beautified. They last a good while in Flower, and will blossom almost at any Time of the Year, according to the Time of sowing them.

Thus far I have given the Reader an Account of the Flowers, which may be used for the more open Borders in a Lon_don Square; but those Places might o_therways be made Fountains of, and the Sight of such might perhaps please some People as much as the Sight of these lit_tle Parterres. Some large Basons of Wa_ter in such a Place might be useful, if any of the Neighbours should be disturb'd by Fire. But this depends upon those who will be at the Expence of beautify_ing such Squares.

We next come to the manner of adorn_ing the Borders under the Hedges, which bound the several Divisions of our Wil_derness-Work. The Borders mark'd B B in the Draught, are those Borders which I mean.

The Flowers for these Borders may be more tall than in the other Beds. Here we may have Lillies, either the Orange or white-flower'd Kinds; the Perennial Sun-flower, Tree Primrose, and Sweet_Williams, and Martagons to blow at dif_ferent Seasons, and the Roman-Lilly, Fleming-Lilly, the Edging of Thrift, and within that a Line of Crocus of the Yellow, and behind that a Line of the Purple Sort; some Ornithogalums, and some Tulips, or other Flowers mention'd for the Orna_ment of the other Beds. But among the durable Flowers, we should not omit the Starworts, which blow high, and make a good Show, with their purple and yel_low Blossoms.

As for Annuals, which blow tall, they are necessary to succeed the Flowers I have mention'd; the Great Convolvulus, the Scarlet-Bean, which are Twisters, the Great Purple Amaranth, the Annual Sun_flower, if we please, the French Mary_gold, the African Marygold, Sweet-Sul_tan, Female-Balsams. These will do ve_ry well, if the Walks are open enough to allow them even the London Air with Freedom.

The Flowers which are durable, and are here recommended, need not be de_scribed; but because every one may not perhaps judge of the Annual Sorts, I shall say a Word or two concerning their Beau_ties.

The Great Convolvulus is a twisting Plant, and requires a Supporter. The Plant of it self does not make an extra_ordinary Figure, but the Blossoms, which are of a Bell-make, are large, and of a purple Colour. The Plant holds in Blos_som a great while.

The Scarlet Bean, so call'd from the Colour of its Flowers, makes a fine Ap_pearance when it is in Blossom; the Spikes of Flowers are pretty long, and well set; and if they have Liberty, and a Support from their begining to grow, will hold flowering several Months.

The Great Purple Amaranth, or Princes Feather, will make a large Plant, if it likes the Ground. Its Leaves are of a purple Colour, and its long Strings of Blossoms, which in some Places have measured two Foot in length, makes it as handsome a Plant as one would desire.

It holds in Beauty several Months.

The Annual Sun-flower is also a ramp_ing Plant, but makes little better Show than the Perennial Sun-flower, only the Blossom of the Annual Sort is larger than the other; and the double-blossom'd Sort flowers a great while.

The French Marygold will make an agreeable Mixture in these Borders, with its beautiful Velvet Flowers, intermix'd with yellow and red Colours. It flow_ers several Months, and is one of the most agreeable Annuals we have. In these open Places, it may be sown in the Spring, in order to make a large Plant; but my ingenious Friend and Brother_Gardener, Mr. Benjamin Whitmill, sows them in Winter, that they may blossom in a narrow Compass the succeeding Sum_mer, for the sake of those who have ve_ry little Room, and are desirous of Flowers.

The African Marygold is also a fine Plant, and blossoms like the former for many Months. However, the Flowers of these are much larger than the French Ma_rygold; but then they are only Yellow, without any Mixture of other Colour, which occasions the chief Beauty of the French Marygold.

The Sweet-Sultan is of three or four Sorts; one kind has a purple Flower, a_nother a white Flower, and the third has a yellow Flower; but this last is very scarce. The Smell of this Flower is like Musk; it lasts blossoming many Months.

The Female-Balsams make very agree_able Plants, yielding Flowers, some of a purple Colour, some of a Peach-bloom Colour, and some white; and again some are mix'd with one of these Colours, and white. They last a long while in Flower.

There are yet some other Flowers that would grow and thrive in such large Places as St. James's Square, Bloomsbury Square, Moorfields, or Lincoln's-Inn Fields, &c. as well as in the Temple Garden, and other Gardens in London and Westminster; but these are enough at present. I shall there_fore now proceed to treat of the other proper Embellishments for a Square; that is, the Trees for Shade, the Ever-greens, and flowering Shrubs. And first, of those which will do best for Hedges, to divide the Quarters.

The Plants proper for Hedges in this Case, are either Limes or Elms; and of the latter, either the Dutch or English Elm will do well; and the Hawthorn or Whitethorn, which makes good Hedges in the Charter-house Wilderness. The Ever-greens, which I have mention'd, do not thrive so well with much Cutting, as they will do otherwise; for the smoky Air of the Town seems to have a very considerable Effect upon them, when they are prun'd; tho' it is still convenient to prune off the dead Wood when we find it. We must consider, that in Nature there is no such thing as Pruning; and when a Tree is under the Power of the London Smoke, which is not so free and open, nor so healthful to it as the Coun_try Air, it has enough to do to support Life; and it would therefore do it a dou_ble Injury to wound it with the Knife, when it wanted convenient Help to heal its Wounds, and was but low in Health; tho' it might bear with worse Treatment, if it enjoy'd its natural Station, where every thing was ready for its Support and Preservation. Some learned Men say, that whatever can be made agreeable to a sick Man, will help his Cure, or contribute to his Health; but whatever is the contrary, encreases his Distemper, and might even cause his Death: And sure nothing could be more tending to his Detriment, than wounding him when his Body was al_ready weak and low? But the Cutting off a Limb would surely give so great a Change in the Circulation of Juices, that a sick Man could not bear; and a Per_son in the best State of Health could hardly endure. But I am gone far e_nough upon this Head at present. In a Word, 'tis not every Tree that will grow in London, that will bear Pruning.

To fill up the Ground within the Quar_ters, I recommend to plant the tallest Sort of Trees in the Middle of each Quarter, and so to let them decrease in their Stature till we come to the Hedge Sides that enclosure them; and all these Plants should be so order'd, that an equal Quantity of Ever-greens should be plant_ed with the rest, because of the Winter Prospect. The Part of the Quarters which I mean, are mark'd C C C, in which all the Ever-greens I have men_tion'd, should have their Place to shoot freely in their own Way; and as for the other Plants which are to accompany them, I think they should chiefly con_sist of the White Thorn, Curran, Al_mond, Pears kept in a Dwarf Manner, Apples in the same Way, and the flow_ering Shrubs; and of these it is chiefly that I speak, when I would furnish the Insides of the Quarters; for those Trees which are apt to rise higher, and become greater in Bulk, would too soon incum_ber the Prospect; and 'tis enough there_fore, that what we plant here rise two, three or four Foot above the Hedges. But then towards the Center, the middle Walk D D D about it, may be planted with Horse-Chesnuts, which will grow regular, and rise above the rest of the Wilderness-Plants; and between the Stems of these Trees, the Quarters of Wilderness-Work would be look'd into, and yield a new Variety of Prospect, which I think should be study'd in every Garden; for the more Change there is in a Garden, the more it is to be admired, in my Opinion.

From the inner Row to the Center E, should be a Mount, cover'd with Trees very close set together; and upon this the Elm, the Lime, and others of the tallest Growth, should be put. But by no Means on the Outside of such a Square, should be planted any Trees that rise higher than the Wall or Pale-side, be_cause they will break the Prospect of the whole Design; which should by no Means be interrupted next to the Houses, by which the whole is to be maintained. It may be objected perhaps, that at the first Planting of tall growing Trees on the Outside, they will not much hinder the Prospect; but we must then consider, that they are planted to grow large, and when they come to the desired Perfecti_on, they must stand in our Way, and re_sist our Sight, and so rob the Gentle_men of that View which they have by their Expence endeavour'd to gain.

But I shall not say much more upon this Head, only that we may remark, that large Pieces of Ground, such as are in the Squares I have mention'd, may be put into such Order, as will contribute to the Pleasure and Happiness of those Gentlemen who have Habitations in them. And I have heard a learned Man say, that where there was the greatest Opportuni_ty of recreating the Spirits, the Mind was improved by that Opportunity; and that a Mind so improv'd, found always the nearest Way to do Business, and fill the Purse. For as he tells me in the same Letter, a Mind distracted, or confin'd, is like base Money, that does not only want a Currency in a Place, but must be nail'd down, to prevent any Inconveni_ence its Progress might occasion to the Publick: And so, as I have observ'd be_fore, that most People love a Country Prospect, and are even pleased with the most narrow View of it, I conceive the adorning the Squares in the Rural Man_ner I propose, will contribute much to the Ease of those, who by their being Great and Noble, are Inhabitants of such Places.

CHAP. III. Of the Part of London next the River Thames; how far we may promise our selves Success in Gardening there.

IF we begin at Westminster, and come towards the City, we must first sur_vey that Garden which belongs to the Right Honourable the Earl of Halifax, near the Parliament-House. We find there not only many Plants that I have men_tion'd, but many others, which will not do so well in Squares, which are situate in the Middle of the Town.

After this, to come to Whitehall, the late Mr. Heymen's had several Pots of Flowers, both Auriculas and Carnations, which blossom'd very well, as has been related to me.

The Garden at Somerset-house had also been observ'd to produce several Varie_ties of Things, which the more Inland Parts of the Town have not generally been garnish'd with.

And the Temple Gardens have afforded many Varieties of Plants; even Wall_flowers, Stocks and Carnations have grown there, and a good Number of Ex_otick Plants. These Places indeed lie all to the Water, and to the Sun, so that they are open on one Side to the Air; and per_haps the constant rising Vapour from the River, helps the Plants against the poisonous Quality in the City Smoke. Now we must consider, that in Places in London, where every Part is encompass'd with Smoke, and the Air is suffocated, or wants its true Freedom; Plants, which generally are used to the open Air, will not be always so healthful: and therefore I have now made it my Business to con_sult what Plants will live even in the worst Air of Chimneys, and the most pent up Air that we know. In my Chapter of Adorning of Squares, I have already said, that most of the hot-bed Annuals will grow well, and so will several Sorts of bulbose Roots, as the Crocus, Hyacinth, and some others, even to last some Years, if they are planted in due Time, and taken up at a proper Season. So the Lylac, Vine, Mulberry, Curran, Sun-flowers, and most of what I have named, will grow very well, if they have a right Care taken of them; but I commonly find that those Persons, who chiefly de_light in adorning their Balconies, and other convenient Parts of their Habita_tions, with Greens or Flowers, have so little Knowledge of the Matter, that they too frequently lay out their Money up_on those Things which will not afford them half so much Pleasure as a Nose_gay, or common Bason of Flowers. For when Plants are brought to Market in Flower, such as Tulips, Hyacinths, Nar_cissus, and Roots of these Kinds, they may be subject to two Inconveniences; either they become faint by being taken out of the Ground when they begin to flower, and so will not last half their Time, or else they are brought from some very clean Air into our thick Air, which Change will never agree with them. I have heard that in some Parts in England, which are very watry, the People that are born there, are healthful, and live to great Ages; but if those who are born and bred in high Places of clean Air, come to inhabit those watry Countries, they soon begin to decline, and die in a short time; and this Case may explain to us, that Plants, which are brought to London from a very clean Air, will not thrive with us, or near so well as those that have been trained up within the Smoke of the Town. And besides, as I hinted before, the moving them at wrong Times of the Year, is the Occasion that many have been disappointed.

But from my own Experience, I shall put this into a better Light, that those curious Persons in London, who delight in Gardening, may not be imposed upon in buying such Roots as can neither make any good Show for the Time their Flow_ers remain, nor will live till the second; so that the Money laid out after this Manner is lost, and a common Bough_Pot will make a better Appearance, and last longer ornamental.

The Method therefore which should be taken to prevent this Mischief, should be to buy the Roots of each Sort when they are dry, and plant them about the End of September, or in October, in fine Earth; and they will blow strong and well the following Spring, and remain four times as long in Blossom, as any of those Roots that are brought to Market in Flower.

When these have done blowing, and the Stalks begins to grow dry, we should take the Roots out of the Ground; and when they are dry'd, put them in Papers, and keep them, till the Planting Season, in some dry Place. Now as most of these Roots, when we take them up, will have some small Roots or Off-sets joining to them, we must take care that such young Roots be taken from the old ones, for else they would hinder the old Roots from blowing the second Year; and besides, it would be necessary, in close Places e_specially, to have fresh Earth every Year for them; for the Earth that has been used a Year, has its Surface too much im_pregnated with the London Soot, to keep the Roots in Health: And besides, the little Quantity of Earth which can be contain'd in Cases, Pots and Tubs, has its Strength soon exhausted, and would want a little refreshing now and then, even if they were to be always in the Country. A very curious Gentleman, Mr. Trowel, of the Temple, told me, that he once, at his Country-Seat, strew'd a little Soot upon the Surface of the Ground, about some Tulips he had growing, and that all the Roots which he had treated in that Manner perish'd; which may shew us the Necessity of refreshing from Time to Time, the Earth in the Boxes, Cases, or Borders, which stand too much in the way of the sooty London Smoke.

We must observe in the planting these bulbous Roots, that we plant the round_est and largest by themselves, for they are surely Blowers, but the flat and long Roots will not blow till the Season fol_lowing.

With this Way of Management, I doubt not but our London Gardens, however small they are, will be ornamental from Year to Year, without the common Loss which now generally attends many of them; and in little Compass, there may be a very agreeable Variety, beyond what there has been, occasion'd, as I con_ceive, for the want of Knowledge in the Art.

But to prevent any Hazard or Trou_ble, it is generally thought the surest Way to purchase fresh Roots from Year to Year, which may be had at a very cheap Rate. &horbar &horbar

CHAP. IV. Of Court-Yards, and close Places in the City.

THIS Part of City Gardening de_pends upon more Skill than all the rest; for here we have little Liberty of Air; and it has been thought difficult to provide such Plants as would barely live in such Places: And also it has been judged impossible, that any Plant should last there in Health for any Time. Now therefore, to remedy this Defect, I shall from Experience give the Names of such Plants as will grow and prosper in the closest Parts of London, viz.

The Lime-Tree. The Lylac, with the white Flower. The Lylac, with the blue Flower. The Lylac, with the Purple Flower. The Persian Jessamin. The Bladder Senna. The Figg. The Mulberry. The Virginia Creeper. The Vine. The Common Privet. The Angelica. The Lillies. The Perennial Sunflower. The Martegons. John Tradescant's Starwort. London Pride. Currans. Elder. Gilder-Rose.

These will remain good a long Time, if they are well taken Care of; and to them we may join many Sorts of Annual Flowers, as French Marygold, African Marygolds, Annual Sunflower, &c.

As a farther Ornament to such Places, we may add such Plants and Flowers as will make a good Summer Show; and these are the French Honeysuckle, Pinks, Daisies of various Kinds, Double-Stocks, Scarlet Lichness, Wall-flowers, Double_Rockets, and Pots of breeding Tulips, which will blow much better than the striped Sorts. All these must be had in Pots fresh from the Garden, just as they begin to blow. There are other Plants which would likewise stand in such Places, but that depends upon the Large_ness and Situation of the Places they are to be planted in; but I shall be ready at any Time to advise what will do, if I am consulted.

I have mention'd before, that the Ly_lacs will grow well in Squares and open Places; but they will also make a very good Show in the closest Parts of the Town, as may be observed in Tavern_Yards, and the most narrow Alleys and small Courts in and about the City.

The Bladder Senna I have seen grow well in a Court in Crutched Fryers.

The Figg grows very well in some close Places about Bridewell, altho' encom_pass'd with Houses on every Side, which are so high, that the Sun never reaches them in Winter. These Figg-trees are about fifteen Foot high, and are Green from near the Ground to the Top; for which Reason, I wonder it has not not been more generally propagated in the City Gardens; especially since they will not only thrive well in London, but bear good Fruit too, if they are well pruned. I sup_pose one Reason why this Plant has been neglected is, because the Pruning of the Figg has been but little understood; but since the new Way of Pruning has been put in Practice, I have my self had two Crops of Figgs ripen upon a Tree in one Year. And by this Pruning, there is now a good Prospect of Figgs this Year, at the Reverend Dr. Bennett's Garden at Cripplegate; and near the same Place, there are now large Figg-Trees growing well, tho' they have very little Air.

The Mulberry will grow very well in the closest Courts or Alleys in London. There are now two large Mulberry-Trees growing in a little Yard, about sixteen Foot square, at Sam's Coffee-house in Ludgate-street. There are two likewise, at the Hall belonging to the Worshipful Company of Clothworkers, which have stood there many Years, and bear plentifully, and ripen very well. These may be either planted in Tubs or Cases, and treat_ed as Standards, or nail'd against Walls.

The Creeper of Virginia is a Plant well known to grow in the closest Places in the City, even where there is no Sun at all; and if they are fresh taken out of the Garden, and are healthful Plants, they will make Shoots of six or eight Foot long the first Year: And for the Good of their future Growth, they should be prun'd and nail'd at Autumn; for when the Top Shoots are suffer'd to hang down, so as to cover the under Shoots, such un_der Shoots are apt to die, and the Plant becomes thin; and then again the Pru_ning at this Season, encourages the rest of the Plant to shoot strong in the Spring, and make large Leaves.

This Plant is likewise excellent for the Ornament of Balconies and Windows, and will grow so well in Pots or Cases, that it will soon cover the Walls, and shade the Windows, if they lie exposed to the Sun. I need not refer to any par_ticular Place, where this may be observ'd, since there is hardly a Street, Court, or Alley in London, without some Examples of what I relate of it.

The Vine will not only grow well in close Places, but likewise bear Fruit too where there is very little Sun. At the Rose-Tavern without Temple bar, there is a Vine that covers an Arbour, where the Sun very rarely comes, and has had ripe Grapes upon it; and at a Coffee-house next to Grey's-Inn-Gate, there is now a Vine which grows very well in a small Pot, tho' it is constantly kept in a close Room; this Year it was full of Leaves before Christmas.

The Common Privet will make a good Show in very close Places, if it is taken fresh from the Garden, and proper Care taken to water and prune it as it requires; for the watering Part there is no certain Times prescribed for doing it, nor can the Quantity of Water for it be exactly cal_culated, because some Plants are large, some small; the Pots or Cases, as they are larger and smaller, require more or less; and also some Places will hold the Earth longer moist than others. But this must be left to the Judgment of every one, and must be practised as Occasion repre_sents, which a little Use will teach us. It will be necessary now and then, for the Welfare of this, and all other cased Plants, to stir and loosen the Earth on the Tops of the Pots or Cases, which other_wise would be apt to bind and grow hard, to the hindrance of the Plants Growth. So likewise we should from Time to Time add a little fresh Earth to our Pots, by which Means the Plants will become more vigorous. At Bridewell, some Places near Guildhall, and at Alderman_bury, there are Instances of this Plant's good Thriving, even so much as to cover Walls six or eight Foot high. This is best prun'd in Winter.

We have Instances enough that An_gelica will thrive very well, and make an handsome Plant in the closest and most smoaky Parts of the City; and I have lately seen Hops growing very vi_gorously in a close Alley near Whitecross Street, which I am told bears Hops eve_ry Year.

The Lilly, Martegon, and Perennial Sun-Flower, I have describ'd elsewhere: But I may add thus much, that if we were to plant of all their forts, there might be a Succession of their Flowers for near three Months, for the diffe_rent Sorts blow at different Times; and we find by Experience that they will live and thrive well in very close Places, even in the Heart of the City, and will last several Years.

John Tradescant's Starwort, which I have mention'd before, grows likewise very well in the closest Places, and will thrive well in Pots, if it be discreet_ly managed, and make a good Show.

Currans conform themselves well to the City Smoak. There are many In_stances of their growing well in close Places, such as Tavern-Yards, and e_ven upon Leads on the Top of Houses amidst the Chimneys; they may be ei_ther kept in Pots or Cases, giving them gentle Waterings when necessary, and not too much or too little at one Time, which sometimes injures the Plants; or after a great Drought to give them a_bundance at one Time, may occasion their Death: In such a Case, their Waterings should be moderate, and often repeated to recover them; for 'tis with Plants as with Animals that have fasted a long Time, their Food must be dis_pens'd to them by gentle Degrees, and not too much at one Time, for fear of surfeiting them. This Management re_lates to all sorts of Plants that require Water.

The Elder will make a good Additi_on to the Ornament of our close Gar_dens; and I am of Opinion might bear Fruit in such open Places, as the Squares I mention, for it thrives well where no Sun can come at it, and is very closely encompass'd with Houses; there are four Sorts of it, viz. that with the black Berries, the white berry'd Elder, the striped leav'd Elder, and the Parsley leav'd Elder; every one of which make very handsome Plants.

The Guildrose has likewise been experience'd to grow well in very close Places, and remain a long Time.

As for Annual Flowers, such as French Marygolds, African Marygolds, and Annual Sun-flowers, I have given a Description of them before; they will do very well in the closest Places, to be planted just before they blow.

I may add likewise that Daisies, which are brought fresh out of the Gar_den in Flower will make a good Show a long while; and that Crocus's, if the Roots are planted fresh every Autumn, will blossom very well, tho' the Winter Sun does not reach them. I shall now proceed to the adorning Balconies in large Streets, which I account the Me_dium between the most airy Places, and the closest Parts of the City.

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CHAP. V. Ornaments and Decorations for Balco_nies, and the Outsides of Windows in large Streets.

THAT we may begin early in the Spring to have a pleasant Idea of Gardening, and the Delights of the Country, I think it necessary to observe, that the Crocus, the Dwarf-flag Iris, Breeding Tulips, Lillies, Martagons, may be planted at Autumn, so as to make a beautiful Spring Appearance, especially where there are Cases or Borders of Earth.

The Ever-greens which may accom_pany them, and last the best, are the Bay, Standard Ivy, Dutch and English Box, Italian Ever-green Privet; and for flowering Shrubs, the Lalac, Guilderose, and Jessamines, where there is Sun, will blow very well, as will likewise all those Flowers and Plants in Pots, which I have mention'd for the Ornament of close Places.

The Flowers which may be brought in to such Places, a little before their Blossom, in order to succeed those that are past their flowering, may be Polyan_thos, Auriculas, Wall-flowers, Double Stocks, Double Rockets, Pinks, Sweet Williams, Province Rose, Carnations, French Hony-suckles, Double Scarlet Lychness.

But for one of the most lasting Beau_ties in this Branch of Gardening, I would recommend Apple-Trees, grassed upon Paradise Stocks, in Pots, which will, where there is any tolerable Sun and Air, prosper very well if they are brought from the Gardens in Flowers. I have known some Trees of this sort which have born successively for five Years, without changing their Place, as may be now observed at the Record Office in the Tower of London, by the Management of Mr. Holmes; and in more close Places, I have known some of these Trees which have born three Years successively, by only lodging them, towards Winter, in the Coun_try, and bringing them back again to London when in Bloom. We might still add to the Ornaments for Balconies, young Oranges and Mirtles, which would yield a pleasing Variety, and thrive very well; but those Orange-Trees that are grassed, and will blossom and bear Fruit, will do much better in Chambers, tho' in the Summer Time, than stand out of Doors, tho' there are Instances of the latter in London.

There is hardly any Annual which is mentioned for the Squares that will not make some Show in such Balconies where the Sun and Air is free, so that we are at little Loss for Ornaments for such Places; and as Water in London may be generally brought as high as a Balcony, it might be ordered so as to play now and then in a little Stream, or Jett in some Figure, or Piece of Rock Work, proportion'd to the Bigness of the Balcony or Leads where we have our Garden. There has been a long Time a Fountain in the Manner I speak of at a Plummer's the upper End of the Hay Market, near Piccadilly; or if such a Figure should not be agreeable, a Mo_del might be made from some of the Waterworks in Versailles Gardens, to be fixed at Pleasure to the Water-Pipe, and changed for others if we saw conveni_ent.

To the Plants I have mention'd, we may add many sorts of Aloes, which will do very well in London; and also some of those strange Plants call'd Torch-Thistles, and also some sorts of the Fig Marygolds on Ficoides. Mr. Jobber, a very curious Gentleman, in Norfolk-Street, has cultivated several Sorts of them with good Success, and preserv'd them well in Winter, as well as Summer, the Aloes especially, which should have no Water from Michaelmas till May; and in a much closer Place than this, i. e. Aldermanbury, Mr. Smith an Apothecary has a very good Collection of these succulent or juicy Plants, which he has kept for many Years.

The Aloes are so surprizingly diffe_rent from the other Plants of the Gar_den, that I judge they will contribute very much to the Decoration and Beau_ty of such Places as I am now treating of; for besides the strange Form and Manner of their Growth, their Leaves are in some Sorts spotted with White, edged with Thorns, others with their Leaves curl'd like Rams Horns; and a_gain, others have their Leaves smooth on the Edges, and cover'd with white Knobs, like Pearls; but it is almost im_possible to express all their Beauties: I have now about thirty Sorts differing very much from one another.

But where there is not the Conveni_ency of a Balcony, the Chambers of a House may have their Ornaments, which may last well for a considerable Time, especially while Fires are not in use.

The Chimneys which are generally dress'd in Summer with fading Bough Pots, might be as well adorn'd at once with living Plants, as I have observ'd at her Grace's the late excellent Dut_chess of Beaufort.

If one was to have a Pyramid of Shelves to be covered with Pots of blos_soming Orange-Trees, with Fruit upon them, intermixt with Mirtles, Aloes, &c. for Variety-sake, it would be ex_tremely beautiful for the Summer; and the Pots, to add the greater Beauty, might be of Delph Ware, or well pain_ted, to stand in Dishes, which are now in Use; so that when we water the Plants, the Water will not run upon the Floor.

The Orange-Trees may be brought to such Places, either to be set in Chim_neys, or in the Windows, when they are in Flower, and remain till August, and then be sent back; the Garden to be taken Care of for the Winter at the usual Price.

Box or Privet to be train'd up in a Fan Fashion, will do very well in Chim_neys for a Summer, if they are now and then set abroad at Night, and in Showers of Rain, and are regularly wa_ter'd; and with these we may also place white Lillies taken up in Bunches, just as they are coming into Flower, and potted they will make a good Show, and will last beautiful a long Time, and perfume the House almost as well as a Tuberose.

So likewise for Change we may set Pots of Campenulas, which last in flow_er a long Time, and make a fine Ap_pearance with their long Spikes of blue Flowers, and yield a grateful Scent: But all these Things may be vary'd ac_cording to the Fancy of the Persons who delight in such Ornaments. The Aloes and Torch-Thistles, tho' yet little known in London, add an extraordina_ry Gaiety to those Plants I have men_tion'd for Chimneys, and require very little Care, as I find from those Gentle_men in London, who have purchas'd them of me.

To further this Variety, if we have Convenience of a Place to set Pots a_broad, or without Doors, we may have most of the Annual Flowers to inter_change from Time to Time, as it may be judg'd proper.

Perhaps many that have Gardens in London are acquainted but with few Sorts of the Plants or Flowers, that I have set down for beautifying the City Gardens; their best Way therefore to be inform'd will be to view the Gardens at Hoxton, and other Places near the Town, where they may see all the Va_riety of Flowers that blow in the Spring, Summer, and Autumn Seasons; and then consult with the Gardener about those they like best, especially which should be planted at Autumn, and which in the Spring.

The next Thing to be consider'd is to have a Gardener of Judgment to ma_nage a City Garden; for a Gardener that has been bred in the Country, and has not had Practice about the Town, knows little more of managing a Gar_den in London than one that is bred to Plow and Cart.

There are many ignorant Pretenders, who call at Houses where they know there is any Ground, let it be in Season or out of Season, and tell the Owners it is a good Time to dress and make up their Gardens; and often impose on them that employ them, by telling them every Thing will do, when perhaps it is a wrong Season; for most sorts of Things they plant, and even few sorts of those Plants they recommend, will grow, tho' they were to be planted in a right Season.

This is a great Discouragement, which makes those Persons, who delight a little in a Garden, neglect doing any Thing at all, thinking all their Labour and Cost thrown away.

Another Disappointment these Lovers of Gardens meet with, is from the Mar_kets; for most of those People who sell the Trees and Plants in Stocks and other Markets, are Fruiterers, who understand no more of Gardening than a Gardener does the making up the Compound Me_dicines of an Apothecary. They often tell us the Plants will prosper, when there is no Reason or Hopes of their growing at all; for I and others have seen Plants that were to be sold in the Markets, that were as uncertain of Growth as a Piece of Noah's Ark would be, had we it here to plant; but when such Plants are bought at the Gardens where they were raised, there can be no Deceit, without the Gardener who sold them loses his Character.

But as I suppose this chiefly happens through the Ignorance of the Higglers in Plants, so it is reasonable to judge that bred Gardeners, who have study'd the Art, are the most proper Persons to be apply'd to in Gardening Affairs, ra_ther than trust to those who have never had an Opportunity of knowing what a Garden is: For my part, notwithstand_ing I have been about Forty Years in the Business of Gardening, I find the Art so mysterious, that the whole Life of a Man may be employ'd in it, without gaining a true Knowledge of every Thing necessary to be done.

But this Mischief is no new Thing a_mong us, as we find plainly in the Pre_amble to the Charter granted by King James the First, for establishing a Cor_poration and Company of London Gar_deners, which then had a good Effect; but afterwards being somewhat neglec_ted, King Charles, by Proclamation, or_der'd the said Charter to be put in Force in order to suppress those Dealers in Plants, which imposed upon his Sub_jects, by selling them unwarrantable Goods.

Some People, perhaps, may be so ill_natur'd to think that I write this to hin_der them of their Business; but those who know me are very sensible I am ra_ther for promoting than discouraging those Men of the Trade who are fair Dealers; nor can it be out of Self-Inte_rest that I publish this, seeing already I have a Share of the Gardening Business: Therefore I desire all that read it will have the same View I have in writing of it, which is purely for the publick Service.

Tho' I have confin'd my self in these Papers, to the Management or Ordering of City Gardening only, yet it is not to be understood that my Practice is a_lone confined to that. The many Ex_periments I am now making in my Gar_dens, for the Improvement of all sorts of Fruits, Flowers, and Trees, at the Request of several Gentlemen in the Country, who are my Customers; were I here to in_sert an Account of them, would make a Work much larger than I design at this Time; or indeed would it be very pro_per to joyn with my present Subject; but it is likely I may find Time to of_fer these and some other Experiments to the Publick hereafter, for the further Confirmation of the Generation of Plants, and the Circulation of Sap.

FINIS.

|CMS |Y1730

Drawings of bugs at different stages in their development

A TREATISE OF BUGGS: Shewing When and How they were first brought into England. How they are brought into and infect Houses. Their Nature, several Foods, Times and Manner of Spawning and Propagating in this Climate. Their great Increase accounted for, by Proof of the Numbers each Pair produce in a Season. REASONS given why all Attempts hitherto made for their Destruction have proved ineffectual. Vulgar Errors concerning them refuted. That from September to March is the best Season for their total Destruction, demonstrated by Reason, and proved by Facts. Concluding with DIRECTIONS for such as have them not already, how to avoid them; and for those that have them, how to destroy them. &horbar By JOHN SOUTHALL, Maker of the Nonpareil Liquor for destroying Buggs and Nits, living at the Green Posts in the Green Walk near Faulcon-stairs, Southwark. &horbar &horbar LONDON: Printed for J. Roberts, near the Oxford-Arms in Warwick-Lane. M.DCC.XXX. (Price One Shilling).

TO Sir Hans Sloane, Bart. First Physician in Ordinary to His MAJESTY; President of the Royal Society, and also of the College of Physicians. SIR,

YOUR ready Conde_scension to peruse the following Trea_tise, and to see the Expe_riments of my Liquor, both in regard to its bringing out, and destroying Buggs; as also that of its no ways staining Furniture; was to me the happy Presage of your Favour, and Appro_bation of my Performan_ces.

The Satisfaction of ha_ving this Treatise and Ex_periments approv'd by You, the Best of Judges, was to me the greatest Honour I could wish for; but the additional one, confer'd by your introducing me to the Royal Socie_ty, and there having not only their unanimous Ap_probation, but yours and their Thanks for my Dis_coveries and Intent of pub_lishing them, was beyond my Hopes, and a Pleasure so great, as to be past ex_pressing; in regard that it dissipates all my Fears for its Success, and makes me justly hope it will meet with a candid Reception from, and be of general Benefit to the Publick.

As to your Goodness, I must ascribe the happy Prospect of its proving so, Gratitude obliges me in this manner to acknow_ledge it; and to be, Sir ,Your Much-Obliged, And Most Obedient Servant, John Southall.

THE PREFACE.

BEING diffident of my own Performance, and desirous it should stand or fall by the Opi_nion of the Best of Judges, was the Motive that induced me to make my Application to that very Learned, truly Judicious and commendably Cu_rious Person to whom it's dedicated: At the same time determining, that if he approv'd of it, I would publish it; and if he disapprov'd, that I would burn it. But it happily meet_ing his Approbation, it now makes its Appearance in Print: Tho' I must in Justice to him acknowledge, it could not have so done so soon, nor with such Embellishments, had he not only forwarded the Impression, but directed and order'd the Copper-plate. As it has not only his Approbation, but also, by his introducing it, the una_nimous Concurrent Approbation of (those great Encouragers of things useful) the Royal Society; I hope it will not fail of meeting a kind Re_ception from the Inhabitants in and about this Metropolis; by whom, as such a Treatise, &c. was most wan_ted, for their Benefit and Ease it was at first chiefly design'd.

Tho' with such Helps as it now has, I am not without Hopes that it may extend its Qualities to distant infe_cted Places.

I should think it a Duty Incumbent on me, and would wait on the Vene_rable Members of the aforesaid So_ciety, present when my Manuscript was read, personally to return them my Thanks for the Honours conferr'd on me. But as the Names and Pla_ces of Abode of most are unknown to me, I humbly beg they will accept this Acknowledgement of them, by their

Obliged and Obedient Servant, JOHN SOUTHALL.

A TREATISE OF BUGGS.

AS Buggs have been known to be in England above sixty Years, and every Sea_son increasing so upon us, as to become terrible to almost every Inhabitant in and about this Metropolis, it were greatly to be wished that some more learned Person than my self, studious for the Good of Human Kind, and the Improvement of natural Knowledge, would have oblig'd the Town with some Trea_tise, Discourse or Lecture on that nauseous venomous Insect.

But as none such have attempted it, and I have ever since my re_turn from America made their de_struction my Profession, and was at first much baffled in my Attempts for want, (as I then believ'd, and have since found) of truly knowing the Nature of those intolerable Ver_min: I determin'd by all means pos_sible to try if I could discover and find out as much of their Nature, Feeding and Breeding, as might be conducive to my being better able to destroy them.

And tho' in attempting it I must own I had a View at private Gain, as well as the publick Good; yet I hope my Design will appear laudable, and the Event answer both Ends.

The late Learned and truly Va_luable Dr. Woodward, to whom I first communicated my Intent, not only approv'd the Design, but also the Methods which, I told him, I design'd to pursue, to attain the de_sired Effects: and at the same time was so good to give me some useful Hints and Instructions, the better to accomplish an Affair, which he said 'twas his Opinion would be a gene_ral Good.

Not to make this Acknowledge_ment of his kind Assistance, would be Ingratitude to my dear deceas'd Friend.

As I had his Approbation at the beginning, had he but liv'd till now, I doubt not but the Discoveries I have made would have appear'd so considerable and useful, as might have entitled me to his farther Friend_ship and Assistance, in methodizing this Treatise for Publication.

But depriv'd of him, my first and greatest Encourager, I have ventur'd to let it appear in the best Dress my Capacity will admit. Should the Stile and my Manner of handling the Subject to be treated of, appear uncouth and displease, I hope the Usefulness of it to the Pub_lick will make some amends for that Defect.

In treating on these Insects, some part of the Discourse may perhaps at first View appear surprizing, if not incredible to the Readers: But by giving them an account how I at_tain'd my Knowledge, and by often reiterated Experiments prov'd them to be certain Facts, they will soon alter their Opinion; and the whole, I hope, will not only be acceptable, diverting and instructive to the Readers, but also of universal Benefit to the Inhabitants in and about Lon_don and Westminster.

This Treatise being on a Subject as much wanted as any whatever, and the Pains and Trouble I have taken to arrive at my Knowledge herein, having been uncommon; it may be expected by the Curious, that I should give some of the Rea_sons that first induced me to under_take a Discovery so very difficult to appearance.

It may not therefore be unneces_sary to acquaint such, that in the Year 1726, my Affairs requiring my going to the West-Indies, I had not been long there arrived, before, (the Climate not agreeing with my Constitution) I fell sick, had a Com_plication of the Country Distempers, lost the Use of my Limbs, and was given over by the best Physicians at Kingstown in Jamaica.

But, contrary to their Expecta_tion, recovering a little, they ad_vis'd me to stay no longer in a Country, so prejudicial and dange_rous to me, than till I could get Ship_ping for England; and in the mean time desired that as often as I was able, I would ride out for the Bene_fit of the Air; which as soon as I had Strength enough, I did.

In one of my Journeys meeting with an uncommon Negro, the Hair or (rather) Wooll on his Head, Beard, and Breast being as white as Snow, I stopt my Horse to look on him; and he coming, as their way is, to beg a little Tobacco, I gave it, and enquir'd if he had been always so white-hair'd. He answer'd, no; but Age had made him so.

Observing that he moved briskly, had no Wrinkles, and all his Teeth, I told him I could not believe him to be very old, at the same time desiring to know this Age. His Answer was, he knew not himself; but this he knew, that he was one of the first Slaves brought into that Island, after the English had taken it in Oliver Cromwell's time, and was then a great Boy.

By this account I judged, and might reasonably suppose him up_wards of ninety Years of Age.

Whilst we were in discourse, he perceiving me often rub and scratch, where my Face and Eyes were much swelled with Bugg-Bites, asked if Chintses, (so Buggs are by Negroes and some others there calles) had bit me? On my answering yes; he said, he wonder'd white Men should let them bite; they should do something to kill them, as he did.

This unexpected Expression exci_ted in me a Curiosity to have far_ther Discourse with him; and on my telling him, that for my part I should be extreme glad to know how to destroy those Disturbers of my Rest, and that if he would tell me how, I would give him some more To_bacco and a Bit, (a Piece of Spanish Money, there current at Seven-pence Half-Penny:) On this he agreed to give me a Calibash full of Liquor, which he said would certainly do it, following the Directions he gave me.

Possess'd of this, well pleas'd I went home, and tho' much fatigued, I could not forbear using some of it before I went to sleep; and to my surprize, the instant I applied it, vast Numbers did, (as he had told me they would) come out of their Holes, and die before my face.

These I swept up, threw away, and went to Bed, and had much bet_ter Rest than usual, not being Bugg_bit then, as I always was before.

But what added to my Satisfaction, and further surpriz'd me, was, that when I got up I found many more had come out in the Night and were dead.

On this, I conceiv'd so great an Opinion of the Goodness and Use_fulness of this Liquor, that I was re_solved to endeavour, and if possible to prevail on him to teach me how to make it; well knowing so valua_ble a Secret was much wanted, and would be highly useful, if I lived to return to England.

In order to obtain it, I got some English Beef, Pork, Biscuit and Beer, and some Tobacco, believing those sooner than Money or any o_ther thing would procure from the Negro, what I so much wanted and desired.

The next day early I went, and finding my Negro in his Hutt, I asked if he could dress me some Victuals. On his replying, yes, if he had it; I open'd my Store-Bags, took out one Piece of Beef, some Biscuits and a Bottle of Beer, taking care at the same time he should see the rest. We eat a Biscuit, drank some Beer, and to dressing the Beef with some Yams out of his Planta_tion, he eagerly went: all Negroes being greedy of Flesh, when they can come at it; some of them not eating any for many Years together, but live altogether on the Produce of the Earth.

Whilst he was intent on Cooking and in a good Humour, I took the Opportunity of telling him, I had used and so well approved of his Liquor, that if he would learn me how to make it, all the Victuals and Tobacco in the Bags, and what Li_quor we did not drink whilst I staid, I would give to him, as a Re_compence for the Favour.

At first he refused, believing me (as I found by his discourse) to be a Creolian, whom the Negroes in gene_ral hate; but upon my convincing him I was an Englishman, and re_turning home, the good Chear pre_vail'd.

After eating together, into the Woods and Savannahs we went, to gather such of the Materials as grew not on his Plantation, or that he had not by him; and returning to his Hutt, to making the Liquor he went.

I remark'd well, and set down the Names, Quantities, and his way of making and mixing the Compo_sition; which being done, all the Bottles we emptied of Beer were fill'd with the Liquor; with which I re_turn'd to Kingstown, being as well pleas'd with my Discovery, as the Negro was with my Presents.

Having thus obtain'd my most material Point, I could not yet forbear going every time I rode out, to see and discourse my Negro, and ne_ver went empty-handed, being de_sirous to try if I could discover any thing further from him or of him, and how he attain'd the great Know_ledge I found he had in the medici_nal Virtues of Roots, Plants, &c.

He inform'd me, that during about fifty Years that he was a Slave (in which time six of his Masters had died) he oft wish'd for Death, and sought no means to preserve Life, and was then so infirm, as to be thought by his seventh Master to be past labour; and having been a good and faithful Slave, his said Master gave him his Freedom, and the piece of Ground I found him upon, to live on.

That Liberty having render'd Life more agreeable to him, he then stu_died all means to preserve it, and having some knowledge of things proper to preserve as well as support him, he had ever since planted, &c., in his Plantation, things proper for Physick as well as Food.

And indeed his Ground might be called a Physick-Garden, rather than a Provision-Plantation; for of the latter he only raised enough to sup_port himself, of the former to supply others as well as himself, and fre_quently made Medicines for his sick Acquaintance and others with suc_cess. This Account I had of him from many, as well as from himself; which made me entertain so good an opinion of his Skill and Fidelity, that I ventur'd to take a Medicine made by him, by the use of which I found great Benefit in the restoring me to the Use of my Limbs.

'Twas owing to his Skill that he had thus preserv'd himself to so great an Age; and 'tis my Opinion, he had attain'd to a greater knowledge of the physical Use of the Vegetables of that Country, than any illiterate Person ever had done before him.

Believing some of the Materials not to be had in Europe, I procured of him a quantity, and soon after returned to England.

On my arrival at London in August 1727, I made some Liquor to com_pare with his, (which I found ex_actly the same) whereupon I set about destroying of Buggs, and found to my Satisfaction, that wherever I ap_ply'd it, it brought out and kill'd 'em all. At length I advertis'd, had great business, and pleased every body, then apprehending no return of the Vermin. But yet, to my sur_prize, tho' I had kill'd all the old ones, young ones sometimes, in some places, would appear.

To my Liquor's being then so strong and oleous, that I durst not venture to liquor the Furniture for fear of damaging it, I at first attribu_ted the coming of those young Buggs.

Whereupon I studied to find an Allay for that Quality; which at length, after many Experiments, and with much difficulty, I found out, and to such a perfection, that I can and do with safety liquor the richest of Furniture, as well as the Wood_work of Beds; and tho' the staining Quality be taken off, the valuable attractive and destructive parts of the Composition still retain their full Virtue.

Having gain'd this great Point, I then went on briskly, and destroy'd Buggs and Nits in all Beds and Fur_niture wherever I came: But yet Young Ones from behind Wainscot and out of Walls would sometimes afterwards appear, get to the Beds for better quarters and food, and become troublesome.

This much perplex'd me; but these unforeseen and then unknown Difficulties, which might have dis_couraged a less enterprizing Genius, prompted me the more to find the Cause and Means to overcome them; which I conjectur'd might best be done, by finding their Nature and Method of Breeding, Feeding, &c.

In order to it, I enquir'd of many Booksellers, if any Book concerning them had ever been published; but finding none, I then made it my business to discourse as many learned, curious, and antient Men as I possibly could, concerning them; but all that ever I could gather from either, was the following Account, how and when they were first known to be brought and to breed in England.

Viz. "That soon after the Fire of London, in some of the new-built Houses they were observ'd to ap_pear, and were never noted to have been seen in the old, tho' they were then so few, as to be little taken notice of; yet as they were only seen in Firr-Timber, 'twas conjectur'd they were then first brought to England in them; of which most of the new Houses were partly built, instead of the good Oak destroy'd in the old."

In the above Account of their first coming, Esquire Pitfield and Mr. White, a Chymist, Men of great Probity and Curiosity, agreed.

And as the Sap of Deal is one of their beloved Foods, this probably might be the first way they were brought. How they are still brought, I shall speak to more fully hereafter, in my Instructions to avoid them.

Finding no satisfactory Account of their Nature, Breeding, and Feed_ing, to be come at from others, I was resolved assiduously to set about and try all possible ways to attain it myself. My first Step was to pur_chase and try Microscopes, and all such Helps as could be got, and to devise such others as might contri_bute thereto; by which I am enabled to give you the following Descriptions of Buggs &c. which the better to illustrate, is annexed from a Copper_Plate, curiously engraven by the famous Mr. Vandergucht, the diffe_rent Species and Sizes of Buggs, as well as one correctly and finely mag_nified.

I was not so fond of my own Performance, as to think my Trea_tise merited so great an Ornament. But as the Learned and Judicious Sir Hans Sloane had done me the Honour to peruse and approve of my Manuscript, and thought it wor_thy thereof, and also desired and di_rected the doing the said Plate by so good a Hand; I should have been wanting to myself, had I not, in deference and respect to his Opinion and Request, annex'd the same.

A Bugg's Body is shaped and shel_led, and the Shell as transparent and finely striped as the most beautiful amphibious Turtle; has six Legs most exactly shaped, jointed and bristled as the Legs of a Crab. Its Neck and Head much resembles a Toad's. On its Head are three Horns picqued and bristled; and at the end of their Nose they have a Sting sharper and much smaller than a Bee's. The Use of their Horns is in Fight to assail their Enemies, or defend themselves. With the Sting they penetrate and wound our Skins, and then (tho' the Wound is so small as to be almost imperceptible) they thence by Suction extract their most delicious Food, our Blood. This Sucking the Wound so given, is what we improperly call biting us.

By often nightly watching and daily observing them with the best of Helps, having discover'd Males from Females, I determin'd, and then did put up a Pair in a Glass, as believing that to keep them the Year round, would be the only and best way to find the Nature of their breeding, feeding, &c. and be a means to discover what had occa_sion'd the Difficulties I had met with in my Endeavours and Practice of destroying them.

As the Thought was � propos, and the Event having answer'd Expecta_tion, I shall now inform you of my Observations and Discoveries thereby made.

As I put up the Pair aforesaid, so did I another Pair that day Fortnight, and so every Fortnight for eighteen Months, did I put up others, with various Foods.

The first, second, third, and fourth Pair lived, but did not presently breed, it not being then their Season of so doing: But in about ten Days after I put up the fifth Pair, they all spawn'd much about the time of each other; and in about three Weeks the Spawn came to life.

Of the Spawn and different Gra_dations of Buggs, I shall now give you an exact Account.

The Eggs or Nits are white, and having when spawn'd a clammy glutinous Substance, they stick to any thing spawn'd upon, and by Heat come to Maturity and Life. The Eggs are oval, and as small as the smallest Maw-seed.

Buggs of one day old, are white as Milk.

At three days old, are Cream-co_lour'd.

At one Week old, are Straw-co_lour'd.

At two Weeks, are of the same Colour, with a red List down the Back.

At three Weeks, List Copper Co_lour.

At four Weeks, List Browner.

At five Weeks, List deeper Brown.

At six Weeks, the Sides brown, and the List hardly discernible.

At seven Weeks, they come to be of their proper Colour, all o_ver brown.

At eight Weeks, they grow big_ger.

Nine Weeks, Ditto.

Ten Weeks, Ditto.

At eleven Weeks, they are full grown.

Vide the Plate done from Eu_ropeans bred: under which is a single one longer and larger, than our full-grown, being a full-grown American bred. 'Tis needless to give the Gradations of that Species, because when they spawn and breed here, the Young degenerate, and are of the European Size.

As I wrote down the Time I put up all Pairs for breeding, and also the Times they spawn'd, and observ'd and set down the Numbers they ge_nerally spawn'd; I found by my ac_count of above forty Pair so put up with various Foods, not only their best-beloved Foods, but also their Method of Breeding; of which, to render my Observations of publick Service, I shall give you an account.

Viz. Their beloved Foods are Blood, dry'd Paste, Size, Deal, Beach, Osier, and some other Woods, the Sap of which they suck; and on any one of these will they live the Year round.

Oak, Walnut, Cedar and Maho_goney they will not feed upon; all Pairs I put up with those Woods for Food, having been soon starved to death.

Wild Buggs are watchful and cunning, and tho' timorous of us, yet in fight one with another, are very fierce; I having often seen some (that I brought up from a day old, always inur'd to Light and Company) fight as eagerly as Dogs or Cocks, and sometimes one or both have died on the Spot. From those so brought up tame, I made the greatest Dis_coveries.

They are hot in Nature, generate often, and shoot their Spawn all at once, and then leave it, as Fish do.

They generally spawn about fifty at a time, of which Spawn about forty odd in about three Weeks time usually, (but sometimes two or three days more or less, according as the Weather proves more or less hot) come to life; the Residue proving addle, as do often the Eggs of Hens, &c.

Thus they spawn four times in a Season; viz. in March, May, July, and September: by which 'tis ap_parent to a Demonstration, that from every Pair that lives out the Season, about two hundred Eggs or Nits are produc'd; and that out of them, one hundred and sixty, or one hundred and seventy, come to Life and Perfection.

Some of the first Breed I have known to spawn the same Season they were hatched; but so few in Quantity, and those so weakly, that the Winter killed them.

I have also observed that in Rooms where constant Fires have been kept Night and Day, they have been so brisk and stout as to spawn in the Depth of Winter: but of all the Spawn I ever saw between September and March, not one ever came to Life.

This plainly evinces, that Natural Heat only produces Life in the Spawn, and that Artificial cannot.

Thus having shewn plainly the Number each Pair annually produce, I hope their great Increase is so suffi_ciently accounted for, that it need no more be wonder'd at.

And having also shewn their seven Months Season of Breeding, if 'tis admitted, as I think 'tis plainly ap_parent, that in the other five Months, viz. from September to March, when there is no such thing as Spawn but what is addle, and consequently cannot come to Maturi_ty; it then naturally follows, that the Winter is the best Season for their total Destruction: which I shall make more fully appear presently, but must first refute two vulgar Errors.

The first is, That many People imagine they are dead in Winter. This is a Notion so absurd, that it would hardly be worth mentioning, had I not by Experience found it had prevail'd with many People of Sense and Learning, as well as the Vulgar and Illiterate. The many Experiments by me shown at the Hospitals in the hardest Frosts last Winter, and in the Houses of the Nobility and Gentry, and to Sir Hans Sloane the 30th of December 1729, will, I hope, be deem'd a sufficient Refutation of that Error: For in the coldest Seasons the Appli_cation of my Liquor with a Feather only, made the Vermin bolt out of their Holes, and die before their faces.

This they will do all the Year round in the coldest or hottest Weather. And I have seen, and do assert, they do bite in the cold as well as hot Seasons: but as our Blood is not so apt to inflame in Winter as in Summer, their Bites make but little Impression, and are consequently the less regarded.

The second and most prevailing Error is, That Buggs bite some Per_sons, and not others: When in Rea_lity they bite every Human Body that comes in their way; and this I will undertake plainly to demon_strate by Reason.

It is generally observ'd and gran_ted, that a Person under an ill Ha_bit of Body, if he receives a small Cut or Wound, so slight as to be at first thought a Trifle, such Person's Wound by reason of such ill Habit shall be attended with Inflammations and other dangerous Symptons, and be longer under Cure than Wounds, which when first receiv'd were larger, and consequently thought more dangerous. These Wounds shall be immediately healed on Persons in good Habit of Body, such good Habit preventing any Inflam_mations.

And as Fevers, and Swellings at_tending and prolonging the Cure of Fractures, are accounted for the same way; why may it not by the same parity of Reason be admitted, that the Bite or Wound of a Bugg should swell and inflame such only whose Blood is out of order; and tho' they do bite, cause no Inflammations on any in right order of Blood?

The best Reason which can be given in support of this Error, is, That where two Persons lie in one Bed, one shall be apparently bit, the other not.

Buggs indeed, where there are two Sorts, may feed most on that Blood which best pleases their Palate; but that they do taste the other also, to me is apparent: And whenever that Bedfellow who is most liked by Buggs shall lie from home, the other will so sensibly feel the effects to be as above, that they will no longer think themselves bite-free.

Of this I am sensible, that I daily am bit when practising and at work in my Business, destroying them; and as they never swell me but when out of order, from thence I infer, that not only myself, but all such who are among Buggs, and do not swell with their Bites, are certainly in good Habit of Body. But to re_turn to my Subject.

Having shewn that they not only live in Winter, but asserted that to be the best Season for their total De_struction, I must further observe, that few People caring to trouble them_selves about Buggs but when they themselves are troubled by them, having confin'd the Attempts for their Destruction chiefly to the Breeding_Season, has been the sole Reason why the best Efforts for their Destruction have fail'd.

I do admit innumerable Quanti_ties have been destroy'd, and much good has and may be done in Sum_mer: but should every old Bugg then be destroy'd, you are yet not safe; for the Nits behind Wainscot and in Walls, which cannot be come at, will by heat come to life, and your work is partly to be done over again.

Whereas, on the contrary, if clea_red out of Spawning-time, there is a certainty, as there is then no Nits, that their Offspring cannot plague you thereafter.

'Tis for this Reason I warrant what I do in Winter; which I can_not pretend to do in Summer.

In Summer indeed I do destroy all Buggs and Nits too in Beds and their Furniture, but Buggs only be_hind Wainscot and in Walls: for tho' my Liquor has an attractive as well as the destructive Quality, and thereby does bring out and destroy every live Bugg; yet their Nits being inanimate, cannot come to the Li_quor, nor the Liquor at them. Such Nits therefore will come to life by heat, and quit the Walls and Wain_scot for better Quarters and Food in the Bed, and so become troublesome to you.

Having thus given, I hope, a sa_tisfactory Account of this nauseous, venomous Vermin, I shall proceed to shew how they are daily brought to England, and into Houses commonly; then give some necessary Cautions how to avoid them, and Directions how to destroy them.

As these Insects abound in all foreign Parts, especially in hotter Climates more than they do here; 'tis on that account all Trading Ships are so over-run with them, that hardly any one thing, if examin'd, will be found free.

And as by Shipping they were doubtless first brought to England, so are they now daily brought. This to me is apparent, because not one Sea-Port in England is free; where_as in Inland-Towns, Buggs are hardly known.

This Metropolis therefore, as ha_ving the greatest Number of Shipping, has had the greatest Number impor_ted, and consequently bred in it.

You that are free, and would a_void a foreign Supply in your Houses, examine well all things from on board Ships before you admit them into Lodging-Rooms. Chests and Casks, Linnens, and Paper, being stiffen'd with Paste, afford them Food, and are consequently most dange_rous.

If you have occasion to change Servants, let their Boxes, Trunks, &c. be well examin'd before carried into your Rooms, lest their coming from infected Houses should prove dangerous to yours.

Examine well all Furniture that comes in, before you set it up, Beds especially; which I recommend should be plain, and as free from Wood-work as possible, and made to draw out, that the Wainscot and Walls may be better come at, to clear them from Buggs and Dirt.

Deal Head-Boards, and Head_Cloths lined with Deal, or Rails of that Wood, avoid.

Also Beach-Bedsteds, for all such afford them much Harbour and Food.

If for Ornament you use Lace, let it be sewed, not pasted on, for Paste they love much.

Oak-Bedsteds, and plain Wain_scot Head-Boards, and Tester-Rails of that Wood, allow them the least Harbour, and no Food; such there_fore I recommend.

If you put out your Linnen to wash, let no Washer-woman's Basket be brought into your Houses; for they often prove as dangerous to those that have no Buggs, as Cradles, and Bugg-Traps made of the same Wood, often do to those that have them: for the Wood they are made of, affords them much Convenience of Harbour, and great Nourishment.

Upholsterers are often blamed in Bugg-Affairs; the only Fault I can lay to their Charge, is their Folly, or rather Inadvertency, in suffering old Furniture, when they have taken it down, because it was buggy, to be brought into their Shops or Houses, among new and free Furniture, to infect them.

Builders are more blameable than they: for in Houses built for Sale, old Wainscot-Doors, Chimney-Pieces, &c. are oft put up for Cheapness, painted over, and pass for new; thus the Houses in Hanover and Grosvenor-Squares, &c. were sup_plied before inhabited.

In taking of Houses, new or old, and in buying Bedsteds, Furniture, &c. examine carefully if you can find Bugg-marks. If you find such, though you see not the Vermin, you may assure yourself they are never_theless infected.

To such as have, and would de_stroy them, I shall now proceed to give full Directions. In order to do it effectually, and to lessen your trouble, the first necessary thing to be known, is their Marks.

Buggs, tho' nasty to us, are so cleanly to themselves, that they quit their places of Harbour to come out and dung, and their Excrements leave a Mark or Stain like that of a Fly, but somewhat blacker; and wherever you see such Marks, if on Wood, look for the nearest Crevise, Knot or Streak; if on Walls, for the nearest Crack or Hole; if on Furniture, for the nearest Seam, Lace, Tape, or Fold, and there as_suredly are the Vermin, and there apply the Remedy.

In Winter-time, few, if any, are to be found by day-light in the Furniture of a Bed; but in the Wood_work, Wainscot, or Walls only.

In the Summer they are all over, and every Lace, Tape, Seam and Fold must be examin'd, as well as the Crevises, Joints, and Carving in the Wood-work, for the Marks, and the Remedy applied accordingly.

In Winter-time, though they lie in pretty close Quarters, yet are they easily destroy'd with any thing that will attract or entice them to it.

If no such thing you have, give me leave to recommend my Liquor; on the Application of which, at all Seasons of the Year, they will come out, and immediately die before your Face.

In Summer they lie in more open Quarters, and spread, and then are not in any measure to be reduced, but by such Liquors as you may safely touch the Furniture with all over: if none such you have, you may depend that mine will not stain or any way hurt the richest Velvet, Silk, or Stuff, not even Scarlet, which almost every thing else will do.

On account of these excellent Qua_lifications, the Liquor has its Name of Nonpareil; and of this, if minded to do it yourself, you may have a Bottle for 2s. sufficient for a com_mon Bed, with plain Directions how to use it effectually.

If the Trouble of doing it your selves be disagreeable to you, you may have it expeditiously done by me or my Servants, and your Beds, or such Part as is necessary, taken down and put up again in full as good, if not better Order, than they were before, and alter'd, (if I see Opportunity or Occasion) and made to draw out, on my usual easy Terms.

As I have occasionally mention'd what Sort of Beds I would have you avoid, give me leave to add and assure you, that Beds may be made full as warm as usual, and ve_ry ornamental, and yet be so very han_dy, as that any one of your own Ser_vants might take all down and clear them of Buggs, Dirt, and Dust, and put them up again in a quarter of an Hour; and to this Fashion most Beds may be alter'd, several Persons having lately done so by my Direc_tions to their very great Satisfa_ction.

Those that have a mind to have new Beds thus made, or old ones alter'd, are to observe, That the Head-posts of the Bedsted are to be no higher than just to support a Wainscot Head-board, the Tester_lath supports the Rod as usual; in the Rail are to be nine Holes drilled in, but not quite thro'; the two at the Head, to take off and hang on, (at Pleasure,) two Upholders drove into the Wainscot or Wall; in the other seven, thro' Eye-let Holes, at proper Distances in the Tester-cloth, are to be seven Balls or carved Branches to keep the Tester-Cloth tight; to which the Head-cloth, and inside and outside Vallens are to be fixed: so that by taking the Lath of the Upholders, and taking out the Balls, they all come off toge_ther; and thus made, may be com_modiously and immediately clear'd, clean'd, and put up again, to fasten on the Head-board: And keep your Head-cloth down tight in its Place and Form. You have Hooks and Eyes to take on and off at Plea_sure.

PErsons wanting to be clear'd and kept free of those nauseous venomous Vermin, shall be atten_ded by the Author on the following Terms, viz.

To clear a Bed-sted with Mould_ing-Tester, Wood Head-Cloth, Head_board and its Furniture, 10s. 6d.

Bed-steds with single-rais'd Tes_ter, Moulding, Head-Cloth, Board and Furniture, or Chair-beds and Furniture, 8s. each.

Bed-steds with ditto Tester, plain Head-cloth, cover'd Head-board and Furniture; and Field-beds and Furniture, at 7s. each.

Four-post Bed-steds, or Canopy_beds, with plain Furniture, 6s. each.

Press-beds, Chest of Drawers Beds and Bed-steds, without Furni_ture, 5s. each.

Wainscot Walls, Hangings, &c. behind and near the Bed-sted are clear'd with the Beds at the above Prices: but if spread all over the Room and Furniture, then an ad_ditional Price is expected.

For Expedition and Safety, and to prevent Trouble to his Customers, or Impositions on them or himself, the Author takes his own Servants with him, to take down and put up such Parts of Beds, Wainscot, Hangings, &c. as he finds necessary; and always puts them up in full as good, if not better Order, than he finds them. Of his Servants he has good Security, and will be answera_ble to his Customers, for their Fi_delity.

N.B. If he any ways da_mages the Furniture, he will pay for the same.

Persons about taking Houses, Lodgings, or buying Furniture, paying for Surveying, shall be attended, and at first View be justly and truly inform'd if the Premisses be Buggy, or free from Buggs, by John Southall, At the Green-posts in the Green_walk near Faulcon-stairs, South_wark.

FINIS. |CMS |Y1646 THE ANSWER OF THE COMMISSIONERS of the Navie, To a scandalous Pamphlet, published by M&rsup; Andrewes Burrell. &horbar &horbar Printed by Will. Bentley, Anno Dom. MDCXLVI.

To the Right Honourable the High Court of PARLIAMENT.

SOme dayes past, there came to the hands of us the Commissio_ners of the Navie, a Pamphlet, published in print by Andrewes Burrell, concerning the Navie, (a businesse then depending before the Honourable Committee of the Admiralty.) We much wondered at the boldnesse in the manner of subscri_bing, and at the Scandals, through the whole body of the Pamphlet; he daring to direct it unto your Honours; and therein scandalizing the Navie-royall of the kingdom, and all the Officers of the same; as Admirals, Vice-Admirals, and Rear-Admirals, Commissioners, Collectors, Trinity_house, and others; yea, and beyond this, some of your Members, and in truth, the honour of both Houses of Parliament.

We are confident those aspersions and brain-sick Notions, so plainly dis_covering his discontentednesse, and self-ends, and so apparently tending to the destruction of the Royall Navie, will not get the least credit with your Honours: But, lest this Pamphlet should work such ill effect abroad, that after your Honours happy government, protection, and defence of this Kingdom, in these Civill Broils, by the Navie Royall, as with Walls and Bulworks, from all forraign Invasion; your Honours proceedings should upon this mans writings be calumniated, by the disaffected party here at home; and your Royall Navie, (formerly so formidable) become con_temptible to forraign States and Princes: and we knowing that the great affairs of State will not afford time unto your Honours, to take a par_ticular examination of this businesse, to the discovery of the folly, and de_sperate malice of this Gentl. and we being intrusted by your Honours in the government and care of the Navie Royall, have thought it not the least part of our duties, to make bold, by our Answer unto this Pamphlet, to present unto your Honours the true state of the Navie, to discover the destructive effects so much aimed at, and desired to the Navie in the Pam_phlet, to stop the mouths of Enemies and ill-affected, to satisfie the well_affected, and to vindicate the honour of the Parliament, whose provi_dent and prudent care for preservation of the Navie, and guarding of the Seas, in these times of danger, we shall make appear to exceed all former Ages.

Master Burrell, in the beginning of his Preface, begin to tell a Story, That he was forced out of his Countrey, for his affection to the Parliament, and of his taking the Covenant, and of being pressed every Lords day to discover what he knew to be advantageous or hurtfull to the Parliament; when indeed and in truth, the one was, because he would contribute little or nothing to the Par_liament, having lived here a long time obscurely; and the other, because for his private advantage and advance of his Fortunes, he would be an Officer of the Navie: But at last, being rowsed up (as he saith) by Church-men, he complained to the Right Honourable the Lord Say, the Navie was sluggish, and did sail so sluggishly, that it could not perform those Services which the Parliament expected; and to that purpose presented a paper to his Lordship, intituled, Observations upon the Navie, by Andrews Burrell: which paper he presented to the Earl of Warwick, and from his Lordship it was sent to be disputed before us the Commissioners of the Navie, with whom (saith he) it died.

Answer. Now may it please the honourable Houses of Parliament, That it is true, we received an Order from the Right Honourable the Earl of Warwick, as also from the Honourable Committee of the Navie, to send for Master Burrell, to hear his opinion concerning the reducing of the Navie into a better posture, as he pretended, for sailing: We likewise sent for all the Master Shipwrights of England, Captain Batten being pre_sent with us. Being come together, we demanded of Master Burrell, in what manner he would do this great work: His Answer was, He would cut them down to one Tire of Ordnance, by which means they should sail a great deal better. We demanded of him, What he would do to adde quality to them; for in cutting them down, without doing something under water, would be to small purpose: His Answer was, That he would keep that private to himself. We desired him to give it in writing how he would perform this Service, if he did make a triall of one of the old Ships, in regard it would be a great charge to the State; which he pro_mised to do, but never came near the Office more, nor ever heard we more of him, till now, that he hath set out this Scandalous Libell. And indeed what he propounded to us, which was to cut down the first, second, and third Rate-Ships, and to bring them to one Tire of Ordnance, is so ridi_culous, and will so disable the Navie, that it will make them, in case of forraign invasion, incapable either to offend the Enemy, or defend them_selves; all other Princes Ships of the first, second, and third Rate, having two or three Tire of Ordnance. Besides, as they are now built, having great Floors, and great Breadths, if they should be cut down, they would be so unruly Ships in the Sea, that in a Sea-gate they would roul so much, that no man would be able to ply the Ordnance, or stand upon the Deck. Besides, if they should meet with a Storm, be in danger to roul their Masts by the Board, as appeared by the Rainbow, and Vantguard, which were built in 86. little more or lesse: after this Modell proved so defective Ships in the Sea, that they were forced to bring on another Deck upon them: The Victorie, in 87, was cut down for a triall, at the instance of Sir Iohn Haw_kins, from three Decks and an half, to one Tire of great Ordnance; which being done, the Queen commanded, in 88, that he should go Commander of her, because he was the Projector; but when he came up to the King of Spains Ships with two Tire and three Tire of Ordnance, they tore his Ship, and kill'd his men so fast, that he was not able to endure the Spaniards broad Sides, but was forced to leave them; So that when the Ship came home, the Queens Majestie understanding how much the Ship was disabled by cutting down her Decks, gave Order for her Decks to be built again; and ever after she carried two Tire of Ordnance fore and aft. And indeed the Ships of the Navie, of the first and second Rate, are the best built Ships in the World, both for defence and offence, carrying two Tire of Ordnance; and if not laden with Victuals, but kept light and clean, will saile as well as any Ships of their burthen and force that do belong to any Christian Prince, having been a terror to their Ene_mies; witnesse Anno 88. for if there had not been such Ships at that time, but such reformed Ships as Master Burrell endevoureth to have, the Spanish Armado doubtlesse had overrun them, and with their strength of Ordnance, having two and three Tire, would have been too hot for their coming near them: yet such was the strength of our Ships, most of them having two Tire of Ord_nance, and well mann'd, that (by the blessing of God) we gave them the overthrow: And ever since the Navie hath been preserved and built in a better posture then in those dayes, and more serviceable for the honour and preservation of the Kingdom. And because your Honours may be satisfied, how necessary great Ships are with two Tire of Ordnance, for the defence of this Kingdom, we shall onely instance in two Ships which are yet lively in our memory. In Anno 1640. Don Antonio de Kendo came into the Downs, with a Fleet of Ships from Spain, and having rid there some time, the Admirall Van Trump, with six of the best Ships in Holland, attended the motion of Don Antonio his Ship; the rest of his Fleet, consisting of eighty Sail, attended the rest of the Spanish Fleet: Don Anto_nio when he had refreshed his men, and fitted himself, weighed Anchor out of the Downs; the Admirall of Holland did the like with six Ships; and coming without the Goodwyn-Sands, the Admirall of Holland came up with the Admirall of Spain, as far as his transome; but received such entertainment, that he durst never more come up with him, nor any of the Ships in his company, notwithstanding the Admirall of Spain stayed for them with his top-Sails down, and main yard a crosse; such great force had this great Ship with two Tire and an half Ordnance, that the Hol_landers durst not deal with her. The Admirall of Portugall, being another great Ship of that Fleet with two Tire of Ordnance, fought with sixteen States Men of War almost a whole day, yet never could take her, and be_ing offered any quarter that they would demand, scorned it: At last, when the Hollanders saw they could not take her, two of their Men of War desperately ran aboard of her, with two Fire-Ships, where they all burned together, untill they were consumed. And indeed, if they had not used that Stratagem, they had never destroyed her. By this, your Ho_nours may perceive the great difference between Ships of two Tire of Ordnance, and one Tire, as Master Burrell would have them.

In the next place he makes a long Narration of the Sally-Fleet, where Cap_tain Rainsborow was Commander, and saith, He findes in his Iournall these words, (We did give them chase all day, and at night we lost them:) which great deficiency (saith he) renders the Navie to be in a contemptible condition.

Ans. Now let any Sea-man judge, whether Captain Rainsborow's Fleet could be in a fit condition, to chase light and clean Vessels that came out of Sally that night, when he had been two Moneths from England, and grown foule, and four Months Victuals in: Besides, those small Vessels which he chased, were (when he first saw them) two Leagues from him, which was a long chase to fetch up, and would hold a good Sailor chasing all day: Besides, if the Men of War had contemned them, (as Master Burrell saith,) why did they run from them, and would not fight? For by their running away, it is evident they were not contem_ned, but feared: And yet he confesseth, that Fleet performed better Ser_vice, then Englands Navie did in 44 years before.

In the next place, (because we will touch onely what concerns our selves) Master Burrell discovers where the fault hath been, That the Navie hath not been reformed, and how the Right Honourable the Earl of Warwick, hath been misled by the Officers of the Navie, and the Brethren of the Trinity_house, who should have advised his Lordship to make choice of nimble Ships for Warlike Service: & and that if the Brethren of the Trinity-house were so knowing as they seem, and so well affected as they ought, they should have sent forth for their own Adventure, one Ship and one Pinace, that should have sailed as nim_bly as the Queens Ship: Such an example (saith he) peradventure would have moved the dull Officers, to hearken to the reducing of part of the Navie into a serviceable posture for these times, and to make choice of better Ships, which they have hired at dearer Rates.

For Answer thereunto, We wonder much at the boldnesse of this sick_brained man, that he should question the judgement of that noble Earl to be misled by us, as if his Lordship were not a Sea-man himself, to discern what is fit to be done, for the making of fit and nimble Ships for Service, better then Master Burrell, who scarce ever saw salt water, and conse_quently never saw Service. And for the affection of the Trinity-house, we are confident, that divers of that Corporation, have set out many Ships and Pinaces, for the Publike, in these distracted times, to their great losse and hinderance, as some of the Members of the honourable House of Commons can witnesse: but never heard that Master Burrell, nor his As_sociates, set out any Ship or Pinace, in defence of the Parliament of Eng_land, since these Wars began. And for the reducing of the Navie into such a posture as Master Burrell would have it; we hope never to be guil_ty of so great a disservice to this Kingdom: And although Master Bur_rell saith, we have made bad choice of Ships, and at dear rates, to serve the State; we shall make it appear to the honourable Houses, that they have been the best Merchants Ships in this Kingdom, and taken up at no other rates, then hath been given long before we came in Office; in the most peaceable times.

In Folio 4, Master Burrell quarrels with the Trinity-house, and talks of Toles and fair Immunities coming in by the industrious Sea-men, and chalks them out their duty to take care for the common Sea-men, and not to suffer thousands of them in discontent to run out of the Kingdom.

Ans. As for the Toles and Immunities, which the Trinity-house re_ceive, they receive it with one hand, and pay it with the other, to the wid_dow and fatherlesse of that Corporation, and to such as have received wounds and hurts, in the Parliaments and Merchants Service; for which they have two pence a voyage out of every common Sea-man, and no more if the voyage be three years long; yet the malice of Master Burrell would make the world beleeve, the Trinity-house receives much, when indeed their whole comings in (since these distracted times) doth not re_leeve half the poor belonging to that Corporation. And for the common Sea-men, they need not be discontended, having had an Augmentation of four shillings in a Moneth more then ever any King or Queen in England gave them, besides other Immunities granted them by the Parliament: Neither do we beleeve that any are gone over, except such as are Malig_nants and Enemies to the State, which are better out of the Kingdom, then in it.

In the next place, he roves by way of Multiplication, in which, it seems, he is not skilfull, for instead of 500, he saith, the Officers of the Navie sent out their Prest-masters into Suffolk and Essex, to presse 900 Sea-men, and out of the River of Thames, 200 Water-men; but at the day of their appearing, of all that number, there appeared at Chatham but 224, whereof 124 were Water-men: and then makes his Inference, as if there were a scarcity and un_willingnesse in Sea-men, and Water-men, to the Service of the Parlia_ment.

To which we Answer, That we did send out Prest-masters to the fore_said places for 500 men, and not for 900, (as Master Burrell falsely saith) to the end we might not make a scarcity of men in this City for the Mer_chant-Ships, in regard we were to set out a Fleet of 6000 men, whereas in time past our predecessors for such Fleets, never prest lesse then 2000 men in the Countrey: yet such was the willingnesse of the Sea-men and Wa_ter-men, to serve the Parliament, that the Ships are all mann'd long since, and at Sea; and we writ our Letters down to the Prest-masters to stay their hand; and of those that were pressed, came to Chatham (as appears under the Clerk of the Checks hand) 358 men, besides Water-men. By this the honourable Houses of Parliament may perceive the malice of this Gentleman, who not onely strives to blast your faithfull Servants, but as much as in him lies, seeks to bring the honourable Houses in a dislike with the common Sea-men, that so some rigid courses may be taken against those that hitherto have done them faithfull Service.

In the next place, he falls foul of the Ship that carried over the Queens Maje_stie, and inserts some words in Captain Battens Letter to the Parliament in these words; If my life and all the Kingdom had lain at Stake, I could not prevent her going over, for (saith he) the Ship that carried her, sailes two foot for my one. Then he makes his inference, and would have Captain Batten speak in his own language, as if he would have said (saith he) that other Na_tions can make nimble Ships, but England is grown dull, and must be conten_ted with sluggish and unserviceable Ships. Then he further addes, that if the Parliament had spent every year of million of Pounds, they that have wasted one million in three years, would not of themselves have endeavoured to build or purchase one Ship or Pinace so nimble as the Queens Ship.

Ans. By this your Honours may perceive, he still hammers upon one Anvill, that is, as much as in him lies, to disparage the Navie-Royall, and to infuse into Strangers minds how unserviceable they are, that so he might blast the honour and reputation of the whole Navie, which hath been and is both famous and terrible to all Nations; and onely for this cause, that so great a Ship as the Saint Andrew, being foul at that time, could not fetch up a clean tallowed Frigate, new come out of Port, having the ad_vantage of the wind, and being a speciall Sailor, and fitted for that pur_pose, to carry away the Queen. And for the spending of so much money, we know it is far short of that Sum; yet thus much we dare aver, that if these times be compared with precedent times, when such Fleets have been set forth, the honourable Houses will find by the Accompts, that ne_ver more frugality was used, then since the Parliament had the Navie in their hands.

In the next place he saith, he was unexpectedly nominated a Commissioner for the Sale of Prizes and Prize-goods, and saith, he would have attended the Service faithfully; but at his entrance into that trust, he was unfitly opposed in the Sale of a nimble Pinace, which by a strong hand was estranged from the Parliament, without Candle-light: and being so opposed, he was much dis_couraged, because he knew himself best able to serve the Parliament; and thereupon desisted, and came no more amongst them.

Answer. That it is true, he was nominated a Commissioner for Prizes, and Prize-goods, but not unexpectedly, for he expected 300. l. per annum, but after he had sat two or three dayes with us, and heard that we were to re_ceive nothing but our labour for our pains: truly he then very unfitly left us, and never sat more amongst us. And for being opposed in the sale of a nimble Pinace, which by a strong hand was estranged from the Parliament; we wonder that all this time he hath not discovered it; that so those persons may be punished according to their demerits: and therefore we humbly de_sire the honourable houses of Parliament, to cause this businesse to be exami_ned; and that Master Burrell do discover what Pinace that was, and who it was that estranged her from the Parliament.

In the next place, Master Burrell saith, That before and since that time some nimble Ships and many Pinaces have been taken, but most of them by disasters; and if those Ships and Pinaces had been contrived into Men of War, and set out in the room of those sluggish Ships which he complains of, the Parliament would have been much better served, with the saving half of that vast charge which hath been spent at Sea; yet saith he, it is certain the best of those Ships and Pinaces, have been estranged from the Parliament, which makes the abuse the greater, and therefore makes a quere to examine what price was paid the Parliament for Plunkets Ship.

Ans. It seems now Master Burrell will confesse that some nimble Ships and Pinaces have been taken by the Parliament Ships, but yet to eclipse the taking of them, he saith, Most of them were taken by disasters, which we con_fesse to be true; for it was a disaster befell them that were taken. And as for those ships that were taken, they that were good Sailors, and fit to be made men of Warre were fitted and equipped, and are now in the service of the Parliament to the number of seven good Ships, and sixteen Frigates, and not estranged from the Parliament, as Master Burrell sets forth, and doubt_lesse will save charges, in regard the Parliament payes not fraight, though not half the charge, as Master Burrell saith: And as for Captain Plunkets Ship, if Master Burrell had inquired of Master Morris Thomson, amongst other things he would have told him that she was stranded about Arundell by five States-men of warre, and seized on by Sir William Wallers army, and condemned in the Admiraltie as Prize to Master Thompson and others for losses received by the Dunkirkers, so that as we conceive nothing was due to the Parliament; yet we humbly desire the honourable Houses, to examine Master Burrell, because he saith, It is certain that the best of those Ships and Pinaces were estranged, that he may declare in whose hands those Ships and Pinaces are, that so the Parliament may be righted, and the offenders receive condigne punishment.

In the next place in his old ridiculous strain, he falls a praising of Plunkets Ship for sailing, although he never saw her sail, and dispraising of the great new Frigate before he knows what she wil be, as he doth all the rest of the Navie: Then he falls to telling of a story, and saith, he believes that all the Ships in the Navie in three years have not taken so many Prizes, as Plunkets Ship hath taken in these two years, and that some of those Prizes were very rich, but by estranging that Ship of Plunkets, the Parliament hath lost all those Prizes.

Ans. Your Honours may perceive what Master Burrells intentions are by his language; that is, still to dishonour the Royall Navie, calling them slug_gish, and praising of Plunkets Frigate for a nimble Saylor, when there is twentie sail of Frigates and Ships now in the Parliament service, that sail as well, and many of them better. And whereas he falsely saith, that Plunkets Ship hath taken more Prizes in two years, then the Parliament Ships have taken in three; we shall referre your Honours to the Collectours for Prizes, and Prize-goods; and they will tell your Honours that the Parliament Ships haven taken a hundred and ten Merchant Ships, and thirty nine Men of War have been taken and sunk, which had his Majesties Commission; besides ma_ny Spaniards, French, and Dutch, that have been delivered back at the earn_est request of the Ambassadours. And we never heard of more then six Ships taken by Captain Plunckets Frigate, and most of them being Merch_ant Ships.

In the next place, he begins a large discourse, that in November last, he un_derstood that there was three Frigates to be built for the State, and that he was designed to build one; and was shewed a paper from a principall Ship-wright, which he had received from the Officers of the Navie, directing him how he should build one of the Frigats, that when she was built, she would never do any good service: but saith M&rsup; Burrell, that which troubled the Ship-wright most, was the price; for (saith he) if they give a slight price, they must expect slight Frigates. Then (saith Master Burrell) I took the paper into consideration, and I acquainted the Ship-wright with my dislike of it, and told him I would move the Lords of the Admiraltie so to order the businesse, that those Ship-wrights that did build them, should build without direction from the Officers of the Navy: and that they should have an indifferent price for them, which was that which M&rsup; Burrell aimed at, because he would build one: Then he sets forth the man_ner and form of his Petition to the Lords of Admiralty in two sides of paper, and tells their Lordships of ten Whelps built by the direction of Sir Iohn Penning_ton; and rakes up the ashes of his dead body, and saith, the builders were so misled by him, that all those vessels proved sluggish. Then he layes down positive rules and directions, how the Frigates should be built, as punctually, as Archime_des the Mathematician, but still hath a care of his interest, and desires that the Builders might not be disheartned in the price of them. Then he propounds 300l. to be deposited, that is to say, to each builder an 100l. and the Frigates to sail into Downs, and from thence to the Isle of Wight, and then round about the Island, and so to Portsmouth; and that Frigate that cometh in there first, to be repu_ted the best Frigate for service, and that the Ship-wright that built her, should have the 300l. for his service. Then (saith he) before I offered these propositions to their Lordships: I conferred with Master Pet, and Master Castle, whether they were willing to build two of the Frigates, upon the forementioned tearms, or not, and if they would build each of them one, he would build the third: So when I found (saith he) Master Pet and Master Castle to like my propositions, I presented them to the Honourable Earle of Warwick, and Lord Say, and proved before their Lordships, that if the Frigates were built, accor_ding to the directions of the Officers of the Navie, the Frigates would prove unser_viceable to the State: But (saith Master Burrell) this took no effect. Soon after came forth other directions worse then the first, That one of the intended Frigates should be built 70 Tons bigger then the other two, whereas by my propo_sitions they should be all of equall burden: And secondly, Master Pet Iunior, should build the bigger, and Master Pet senior the two lesser Frigates, by which subtile plot (saith he) all emulation was laid aside.

For answer to the needfull, of what Master Burrell hath falsely suggested: In the first place, your Honours may perceive what Master Burrell drives at: the first is a good price, not for the good of the Kingdome, but for his own ends: because (saith he) I was designed by their Lordships to build one. In the next place, he would brand the Commissioners of the Navie, in giving di_rections for the building of unserviceable Frigates, when indeed they gave no directions for them, but gave the Master Ship-wright order, to draw out their own dimensions, which accordingly they did, which we have ready to produce under their hands: And if the ten Whelps built many years since proved deficient, it doth not follow these Frigates now a building, should prove no better Saylors. But Master Burrell in that strikes at the Com_missioners of the Navie, wounding us through Sir Iohn Penningtons sides, as if these Frigates would be unserviceable, because he falsely suggests, we gave directions therein: And for his propositions to try their Sailing round about the Ile of Wight to Portsmouth is so ridiculous, that we need not trouble our selves about it, for all Sea-men know that there can be no triall of Ships in that place, the tydes running counter, and one Ship may be in the tyde, and the other out, which may make great difference, and indeed lies more in the skill of the Pilot then in the Ship, in observing the setting of the tides, and consequently to take the advantage of it; by which your Honours may per_ceive how Master Burrell will undertake to tell your Honours, that which he understands not. And for his proposition to the Lords to build those Frigates by the great, their Honours utterly refused it, knowing it a dishonour to the Parliament to build Ships out of his Majesties yard, having the best Ship-wrights in the Kingdome to perform that service; and one, who had given such testimony of his Art and skill in building of a Frigate, for the right Honourable the Earle of Warwick, that a better Saylor is not in England, nor Dunkirk: but the Lords told Master Burrell, if he would build one to trie his skill, he should have his Majesties yard at Portsmouth, to build in, with timber, plancks and materialls needfull; which Master Bur_rell refused to do, and saith, it was a dishonour cast upon him, and for no other cause, but that he could not build one by the great, that so he might get two or three hundred pound by the Parliament: And if the other Ship_wrights are discontended (as Master Burrell saith) because they did not build them by the great (as we believe they are not) yet we marvell that Master Burrell should suggest, that M&rsup; Pet the builder, acts against his affection, or desires, being the King and Parliaments servant; unlesse he would bring the Parliament in dislike with the Ship-wrights, and so to bring them under a Cloud, as he hath endeavoured to eclipse the Trinity-house. And as for the subtile plot (as Master Burrell calls it) in causing Master Pet junior, to build the great Frigate and Master Pet senior to build the two lesser; it is false and untrue, for Master Pet junior, builds one of the small ones, and Master Pet senior, builds the other small one; and this we did to the end they might use the utmost of their skill to try who could build the best Saylor. And because we had experience of the good performance of Master Pet senior, in building the Constant Warwick, he was appointed to build the great Frigate likewise: By all which your Honours may perceive, how he hath falsly traduced the Commissioners of the Navie, the Masters, Wardens, and Assistants of the Trinitie-house; the principall men of the Corporation of the Ship-wrights; and all he drives at, is by his unjust aspersions to bring the Parliament and them at ods, that so he might accomplish his own ends. And thus we hope, we have given your Honours satisfaction in the building of the Frigates.

In the next place, being the moneth of May, he still sings his old tune, in dis_praising Englands Navie, which Master Burrell would have as weak as his brain; and tells strange Stories of the mungrell Dunkirk, the contempti_ble Irish, and the insulting Dutch, that they will not honour the Parliaments Ships nor acknowledge them Master of the Seas: And then by way of Inference, brings in his Maiesties horses as fat as himself; how they were tired being led down to Barwick with empty saddles, and then compares the dead with the li_ving, in these words; And these Royall horses were clogged with too much flesh, even so the Royall Navie is clogged with too many men; too much victuals, too many pieces of Ordnance, to much timber, and too much plank; and then ads further to make the Royall Navy more contemptible, he saith, the Ship-wrights were commanded to make the Ships now in the Navy, Ships for show, as well as for service, and to carry many pieces of Ordnance never to be used, but at Feasts, Salutations, and Landings. The example (saith Master Burrell) is lively in the Royall-Soveraign, an admirable Ship for costly Buildings, and cost in keep_ing; and which ads to the miracle, the Royall Ship (saith he) is never to be used for the Kingdoms good; And that the Navy for swift sailing in Queen Elisabeths dayes, was famous, and farre exceeding these times.

To which we answer: As for the honour of the Narrow-Seas, it hath been kept in as much honour and reputation as ever; witnesse the right Ho_nourable the Earle of Warwick, who hath commanded all Ships, where ever his Honour came, to render due obedience: and Captain Owen in the Guardland, commanding a Squadron of foure or five Ships under the right Honourable Earle of Warwick, was sent out by his Lordship to seek out the Kings Men of Warre, and all other that transported Armes or Ammuni_tion, to his Majesties Quarters, and being in the Channell, came in amongst sixtie sail of Hollanders, whereof five or six Men of Warre; and did not onely make them all strike, but sent Captain Gilson in the Warwick Fri_gate, who took out of the midst of the Fleet the Tiger of Roterdam, and brought her away in despight of all those Men of Warre, and sent her to London: The next was Captain Batten, who being alone in the Constant_Reformation off of Beachy, met with the Vice-Admirall of Holland, and foure great Ships more; and although they suffered him to shoot divers shot at them, before they would strike, yet when they saw his resolution, they lowered their top-sails, and did homage. Captain Ellis in the Providence, and Captain Thomas in the Warwick Frigate, commanded White the Vice_Admirall, and three more, to strike in Torbay, which they did accordingly, though with some shot before they did their duty. And for the Royall horses being tired in being led down to Barwick, it is not so with the Roy_all Ships, for they are never weary with sailing: And for too many Men, Ordnance and victuals, we know other Princes Ships that carry more, and yet not of their burthen: And as for Timber and Plank, we shall refer that to the judgement of the best Sea-men, and Ship-wrights in the Kingdome. But we wonder much at the impudence of this Gent. who dare say, the Royall Ships of the Navie were built for show, and carry many pieces of Ordnance never to be used, but at Feasts, Salutations, and Landings; when there is not one piece of Ordnance in any Ship of the Navie, but is both usefull and serviceable for a defensive and offensive Warre: And to bring the Navie into a more contemptible condition, he makes the Royall-Sove_raign, (the best Man of Warre in Christendome) to be incapable of doing service for the Kingdomes good. When Captain Rainsborow, whom Ma_ster Burrell confesseth in his time, was the most eminent Commander in this Kingdom, had the triall of her in the channell of England, and at his return reported to his Majestie, that he never set his foot in a better conditioned Ship in all his life. And as for her Force, she is not inferiour to the greatest Ship in Christendome. And for the Ships in Queen Elisabeths dayes, so famous for Sailing; this Kingdom was never better furnished with good Saylors and Ships for defence, then at this present, farre exceeding those times. By these and the precedent Articles, your Honours may perceive how under a specious show of a well-affected men to the State, he covertly by his Calumnies, seeks to bring the Navie into a contemptible Condition; not onely in the opinion of this Nation, but also of Strangers; that so they may be incouraged to attempt that, which they never hitherto durst put into practice.

In the next place, Master Burrell propounds how the Royall Navie with a lit_tle charge, may be reduced into a serviceable posture, and into such a Warlike po_sture, as will inable the Parliament to recover and maintain the Soveraigntie of the Seas, as in the Raign of Queen Elisabeth of happy memory.

Answer. It is strange that Master Burrell should know more, then all the Ship-wrights in the Kingdom, being a man that many years hath had no practice, and consequently lesse experience. And as for the little charge in reducing the Navie, the cost that will be spent in cutting down one of the first and second Rate-Ships, and finishing them, will build the hull of a ship of the fourth Rate, that shall carry thirty pieces of Ordnance, that will do more service then they will do, when they are cut down to one Tire of Ord_nance; for the reasons given in our first Article. And as for the Sove_raignty of the Seas, it is true, that since these distracted times, the Hollan_ders have been very insolent in wearing their Flags, as they have formerly done: But such hath been the valour and courage of our Commanders, that as often as they have been met withall, they have been compelled to do their dutie.

In folio 9. Master Burrell saith, that when the Royall Navie shall be reduced into a serviceable posture, the Parliament may save a fourth part of that vast charge, which hath been spent at Sea, since these distracted times.

To which we answer, We do not know what Master Burrell calls redu_cing the Navie, but we conceive it is rather a destruction of the Navie, to cut down the first, second and third Rate-Ships, which are walls of Brasse to defend this Kingdom: And as for saving a fourth part of the charge, that hath been spent at Sea since these distracted times, we are yet to learn; although we have constantly followed Marine affairs these thirty years, and upwards, how ever we desire that Master Burrell will give reasons how the fourth part of the charge may be saved, and such Fleets maintained at Sea, as have been set forth these foure yeares past, without dimunition of the strength and glory of the Navie.

We come now to Master Burrells last quere, where he desires the Honourable House of Commons to examine what the Kings party would have attempted, that they have not freely effected; have they not (saith he) been supplied from be_yond Seas with Ordnance, Armes, and Ammunition, and imported and exported eminent Traytours? and have not both Irish, and Turks, landed in this Kingdom, and carried away Men, Women and Children?

Answer. Although it be true that this quere belongs not wholly to us to answer, our Office being no other then to act by the Parliament, and Com_mittee of Lords and Commons of the Admiralties Order to equip, victu_all and Manne the Ships, destinated for the Guard of the Sea; as also to in_form their Lordships of the repair of Ships, Docks and Houses in his Maje_sties severall yards, &c. We thought it our duty to give an answer in the just vindication of those Noble Lords and Commons of the Committee of the Admiraltie, who sit at the Helm; that there hath been as much care taken to prevent the landing of Irish, the transportation and importing of Traytors, The bringing in of Ammunition, as the wit of man coud invent; and truly if Dunkirk being a small Town, in one year took from the Hol_landers, notwithstanding the great Fleets they yearly set out, 80 Sail of Ships: how much more might the Kings men of Warre, being assisted by the French, Hollanders, and Dunkirkers, who seemed to be the Parliaments friends, carry in Armes, Traitors and Ammunition, into the Kings Quar_ters? yet they paid dear for it; For although some escaped yet many were taken, witnesse a States Man of Warre, going into Scarborough with Pow_der and Armes; The King of Denmarks Ship bound in for Newcastle, laden with Armes, and divers French men, and Hollanders bound into Bristoll, Falmouth, Dartmouth, Scarborough, and Newcastle, with Armes and other provisions, which the Collectors for Prize-goods can certifie, one and other, to the number of 110. Sail, beside many Ships with his Majesties Com_mission. And as for the Turks landing in Cornwall, they landed in his Ma_jesties Quarters and not in the Parliaments, and if Posts and Intelligence might have gone along the Coast, they might have been prevented, the Parliament Ships being at the seige of Plymouth, in defending that Town, but never heard of it untill too late, and that from his Majesties Quarters. And thus we hope, we have answered Master Burrells false aspersions and calumnies, cast upon the Right Honourable the Lords and Commons of the Admiralty, the Commissioners of the Navie; the Master, Wardens, and Assistants of the Trinity-house, with the principall membes of the corporation of Ship-wrights, and all for his own ends, to get into imploy_ment.

The Answer of the Commissioners of the Navie, to the Generall Charge, intituled Englands Outgaurd, or Englands Royall Navie, surveyed and lamented by Andrewes Burrell Gentleman, sometimes ser_vant in the Navie.

IN the first place, Master Burrell saith, that there is not one Ship in the Navie that hath taken any one of the Kings Men of War, since these Warres began; and that the greatest Commanders which the Parliament hath sent forth; as Admiralls, Vice-Admi_ralls, and Rear-Admiralls, are so farre from subduing any of the Kings Men of Warre, that there is not any one of them that have shot one shot in anger, since these distracted Wars began, though many hundred thousands of pounds have been spent in guarding the Seas.

Ans. That is false, and scandalous against that noble Lord, and worthy Gentlemen that have commanded the Parliament Ships; for we shall make it appear, that since these Wars began, the Parliament have taken and sunk 39 Ships and Pinaces, Men of War, who had his Majesties Commis_sions: the names of the Ships, with their Captains that took them, for better satisfaction, we have here under inserted.

Viz. Captain Batten, in the Saint George, took the Bonaventure, Ad_mirall of Ireland; the Swallow, Vice-Admirall; and the Robert-Frigate: Captain Swanley, in the Leopard, took the Globe, Admirall of Bristoll; the Providence, Vice-Admirall; Discovery, Rear-Admirall; and the Henrietta Pinnace Regis: Captain Smith, in the Swallow, took the Fel_lowship, and Hart-Frigate: Captain Pecket, in the May-flower, took the Providence Regis: Captain Thomas, in the eighth Whelp, took the May-flower, Admirall of Falmouth, and chased on shore her Vice_Admirall and Rear-Admirall at Brest; also he sunk a Frigate of Sir Nicholas Crispes: Captain Thomas, Captain Ellison, and Captain Whitty, being all in company, took one Man of War: Captain Ellison in the Providence, sunk a Man of War of Foy, and also the Fortune of Dunkirk: Captain Stansby, the Providence, and Captain Rew, in the Robert, took Brown Bushell's Frigate, called the Cavendish: Captain Pet, in the Mari-rose, took the Roebuck-Frigate of Dunkirk: Captain Cop_pin, in the Grey-hound, took the Constant, Captain Skinner Commander of her: Captain Clark, in the Josline, took the Swan-Frigate, &c. Cap_tain Haddock, in the John, took a States Man of War laden with pow_per Regis: going to Scarborough; and also the Salvator: Captain Beddall, in the Hector, took the Black-horse, and Captain Denton's Ship, and two Men of War of Scarborough; and likewise an Ostend Man of War, bound for Scarborough: Captain Gattensby, in the Prosperous, took a Danish Man of War laden with Arms: Captain Stansby, in the Provi_dence, took the Jennet, a Dunkirk Man of War: Captain Gilson, in the Constant Warwick, took the Royalist: Captain Cox, in the Royalist, took a Dogger-Boat of four Guns: Captain Pilgrim, in the Sampson, took a Dogger-Boat: The Irish Squadron, took the Welcome-Pink, Encrease; Tryall-Pink, Charles Trough, Peter-Frigate, and the William and John: Captain Wodward, in the Roebuck, took a Dunkirk-Frigate of Falmouth; which Frigate is now in the Service, as most of the rest are.

Besides at least 110 Merchant-Ships, trading in and out of those Ports in defection to the Parliament, with Ammunition, Money, and Goods, that have been taken and made Prize by the Parliament-Ships, to a large Sum; and many that have been recovered to well-affected persons; and divers that on the earnest request of the Spanish, French, and Dutch Em_bassadours, that have been delivered back unto them.

By which it does appear that some shot have been made in anger, and not onely at Sea, but it is well known to the Parliament, that the Navie hath not had the least share in preserving of Plymouth, the Isle of Wight, Hampton, Portsmouth, Weymouth, Lyme, Hull, Wales and Ireland and divers other places which otherwise had been in the hands of the Kings Forces at this time: Neither must we omit the great service done in the Downs, in Anno 1642, where, by the wisdom and valour of the Right Honourable Robert Earl of Warwick, Admirall in the James, Captain William Batten, Vice-Admirall in the Saint-George, and a mixture of Sea-men, Commanders of the best of his Majesties Ships, then in the Downs; At which time there was a Message sent from his Majesty, by the hands of Sir John Pennington and Master Villiers, directed to the Earl of Warwick, therein requiring the delivery up of the Fleet into the hands of Sir John Pennington, appointed by his Majesty to be Admirall: This Message being spred amongst the Commanders and Sea-men in the Fleet, it invited the greater part of the Gentlemen, who commanded di_vers of those Ships, then present, to submit unto his Majesties Message, and to stand upon their guard, refusing all commands, the Earl of Warwick laid upon them in obedience to the Parliament. The names of the Captains and Ships on either side, are hereafter expressed.

Commanders that submitted to His Majesties Message. Sir John Mince, Rear-Admirall in the Victory. Captain Fog, in the Reformation. Captain Slingsby, in the Guard-land. Captain Burley, in the Anthelope. Captain Wake, in the Expedition. Captain Fox, in the Lyon. Captain Hill, in the tenth Whelp. Commanders who continued in obedience to King and Parliament. The Right Honourable Robert Earl of Warwick, Admirall in the James. Captain Batten, Vice-Admirall in the Saint George. Captain Thomas Trenchfield, in the Vnicorn. Captain George Hatch, in the Mary. Captain Richard Swanley, --- Charles. Captain Brian Harrison, --- Vauntguard. Captain Richard Owen, --- Entrance. Captain Henry Bethell, --- Mari-rose. Captain Martin, --- Martin. Captain Thomas Ashley, --- Sampson.

But it pleased God, that by the integrity of the Sea-men (who faith_fully stood to that Noble Lord,) the Commanders of such Ships that re_volted from the Parliament, were quickly suppressed and reduced to his Lordships obedience, who placed other Captains in their room: which was a very great Service; and indeed (under God) the protection of the Parliament and Kingdom: for had his Majesty been possessed of that Fleet, he would thereby have been Master of the Seas, and blockt up the City of London in their Relief and Trade: By which all men may see, that the many hundred thousands of pounds, which (Master Burrell saith) hath been spent, is not wasted in vain, as he maliciously sug_gesteth.

In the second place, Master Burrell saith; The Officers of the Navie have been advised how they make part of the Navie able to subdue the Kings Men of War, with the saving of one 4&thsup; part of that vast charge which hath been spent at Sea: but in opposition to any good advice, they will not be moved to reduce one of the old Ships for a triall; and though the Kingdom perish, they will persist in deluding the State, commending and supporting the Title of a Royall Navie, when in truth it is unserviceable, I beleeve I may safely say, contemptible, in the esteem of Strangers.

Ans. We cannot but wonder at the imbecillity of this man, who con_trary to the opinion of the ablest Sea-men and Ship-wrights of this Kingdom, would cut down the best Ships in the Navie, and make them nimble Frigates; as if the three Frigates now building, and near twenty more now in the Service, were not (by Gods assistance) able to subdue half a dozen which are left untaken of his Majesties Men of War, and the most of them of so small a force, that they are not considerable, if any of the Parliaments Frigates meet with them. And for saving of one 4&thsup; part of the charge, we beleeve, if he bring the Navie into such a posture as he pretends, from Ships to Frigates, he may very well save one 4&thsup; part of the charge, both in men, Victuals, and Ordnance: But we desire to know of this Dull Carpenter, how he will do this without disabling the Navie: And for supporting the Title of a Royall Navie, we dare presume to aver and maintain, and that in despite of Malignants, and all Enemies to the King and Parliament, That no Prince in Christendom hath so many brave Ships for a defensive and offensive War, as the Kingdom of England hath at this present; having of the first rank 4 Ships, that carry from 50 to 80 peeces of Ordnance, 12 Ships of the second rank that carry from 44 to 50 peeces of Ordnance, 9 Ships of the third rank that carry from 36 to 44 peeces of Ordnance, and of the fourth rate, 3 Ships which carry from 24 to 32, 2 Ships of the fifth rate carrying from 16 to 20 peeces of Ordnance, besides 20 Ships and Fri_gats which the Parliament hath bought and taken. And if these Ships ap_pear contemptible in the eyes of Strangers, we shall refer it to the judge_ment of any moderate man: As also whether it be fit, that Master Bur_rell should publish to all Strangers, That the Navie of this Kingdom is in an unserviceable condition; when it doth appear to all men, that it was never better managed, nor in a better posture, then now it is.

In the next place, Master Burrell saith; The Officers of the Navie do know that the Navie hath not performed any good Service for the Kingdom, since these distracted Wars began; yet such is their plotting, that they will continue it in an unserviceable condition.

Ans. The Officers of the Navie do know, that the Navie hath performed many good Services for the Kingdom, as it is set forth in our Answer to the first Article: And our plotting hath never been otherwise, then for upholding and maintaining the honour of the Navie.

In the fourth place, Master Burrell saith; That the Officers of the Navie being thus resolved to accomplish their own ends, they suffer the Royall Navie to lie rotting at Chatham and Portsmouth, at a dear rate, a rate that exceeds all former Presidents; and that they hire the worst of Mer_chant-Ships and Colliers, to serve in their room: and that he is bold to say, they are more sluggish then any Ships in the Navie; and some of those Ships are belonging to the Officers of the Navie, and some to Parliament_men.

Ans. To which we Answer, That it is false; for the Ships of the Navie were never better repaired, upheld and maintained, then since they were in the hands of the Parliament, as by our particular Answer hereafter shall appear: And as for their lying in Harbour, and Merchant_Ships take up to serve in their room, it will appear that there hath been yearly employed at Sea, as many of the Ships of the Navie, as was held in the wisedom of the Parliament fit, for the number of men assigned for the yearly guard of the three Kingdoms: which men, had they been employed in the Ships of the Navie, most of them being great Ships, would have contracted a vast charge, and not have spread sufficiently to guard the three Kingdoms: For example; There hath been employed yearly from 60 to 70 Sails; viz. upon the Coast of Ireland and Lancashire, 25 Ships; for the guard of Severn and Wales, 5; for the guard of the Channell of England, 15 Ships; for the guard of Guernsey, and those Islands, 3; for the Downs to attend Convoys, 8; and for the guarding of the North Coast, and Kingdom of Scotland, 12 Ships. By which it will appear, there is a necessity of hiring Merchant-Ships, in regard the Na_vie consisted but of 32 Ships when we came in Office; and the hiring of Merchant-Ships is no other then what hath been usuall in all times of War, time out of mind: And if the whole Navie should be year_ly employed; besides the vast charge it would contract, it would be too great an adventure for the Kingdom to undergo: for if the Fleet should by casualty of Weather, or by accident of War, miscarry, there would be no reserve left to make another Fleet, and so the whole Kingdom ex_posed to danger; whereas if six or eight of the greatest Ships be left in Harbour, with the assistance of thirty or fourty of the Merchant-Ships, (which may be alwayes had in the River of Thames,) they will make a sufficient Fleet to encounter any Force that shall come against them: Besides, the Merchant-Ships do cost the Kingdom nothing near the charge that the great Ships of the Navie stand in; and yet they run the adventure of their Ships, Ordnance, and Ammunition: If in case the great Ships of the Navie be employed in the room of Merchants, the State bears the adventure, which in case of losse of a second Rate_Ship, will amount to 25000 pounds. We say not this to discourage the Parliament from building of more nimble Frigates, which may lessen the hiring of Merchant_Ships, if there should be the like occasion; but to let your Honours know; there hath been nothing lost in taking up Merchant-Ships in the room of the great Ships of the Navie. And further, if all the Navie should be constantly employed at Sea, they would be so out of repair in two or three years, that the Sea would be left unguar_ded by them, and so be forced to hire all Merchant-Ships. And as for such Ships Master Burrell saith belong to Parliament-men, and the Offi_cers of the Navie; we refer you to our Answer to Master Burrells parti_culars.

In his fifth Article, Master Burrell affirmeth, That those Captains that have been most valiant, have been discouraged; and those that have deserved punishment, preferred to places of trust; and in particular, Captain Man, with others.

Ans. In Answer to this charge; because we will not reiterate things twice, as in some things we are forced to do, in regard of Master Burrells wandering progresse; we shall herein refer our selves to his particular charge, wherein we doubt not but to give your Honours satis_faction.

In the next place, he makes a long discourse of Services done by Captain Man and Captain Gilson, in two nimble Frigates, against Mucknell in a great Ship; and makes his inference, That if two nimble Frigates can destroy so great a Ship as Mucknells, with 42 peeces of Ordnance, there is no Ship in the World able to encounter a Ship of the second rank, being fortified with 20 Demi-canon, every shot weighing 32 pounds.

Ans. For Answer thereunto: It is false that those 2 Frigates, although accompanied with another good Ship of 20 peeces of Ordnance, all three having 62 Guns, and manned with 280 men, yet did destroy Mucknells Ship, she not being of the force of a third rate Ship in the Navie; But rather foiled them all, and forced them to leave her; by which means, the next day, she went for Silly, where in going in (for want of a good Pilot) she was cast away: Whereby it doth appear, that Master Burrells Observation is grounded upon a false Principle; For if a Merchant-Ship was able to defend her self from three Frigates, armed with whole Culverin and Demi-culverin, and not with small Ordnance, (as Master Burrell saith,) much more might she have done against one Ship with one Tire of Ordnance: But on the contrary, had one of his Majesties Ships of the second or third rank, come up with Mucknell, for_tified, as now they are, with two Tire of Ordnance; doubtlesse Muck_nell must have submitted: And we do beleeve, That if any such Ship had been in view of Mucknell, she would have sailed as well as Mucknell's Ship, and not been liable to that foule aspersion of being sluggish, where_with Master Burrell brands them.

In the next place, Master Burrell saith, There is a want in the Fleet, of Pi_stols, Pole-axes, Swords, and Fire-works.

Ans. To which we Answer; It is not the duty of our Places to fur_nish any Ammunition, but belongeth to the Officers of the Ordnance: yet we do verily beleeve, that for all such Arms as are usefull for service, are by them supplied; the rather for that we have heard no complaint from any Commander employed in any of the Kings Ships: but as for such Mer_chant-Ships as are taken up by us, they are furnished with Pistols, Swords, Pikes, and all other Arms for War, fitting for defence and offence.

In his eighth Article, Master Burrell reciteth the new Frigates, and would lay an aspersion on the Officers of the Navie, That they should give to the Master Ship-wrights Directions in the building of them; and that when they were built, they would not be so serviceable as they should be, the work being de_stroyed before it be begun.

Ans. What Master Burrell sets down in this Article, is false and un_true, we having already set forth, by whose Directions these Frigates were built: and if they prove unserviceable, (as we beleeve the contrary,) yet they cannot be so bad as the Mari-rose, built by Master Burrell, being the most sluggish Ship in the Navie; which we have lately had in the Dock, and caused to be lengthened Aft, with other works done unto her, ende_vouring to make her a serviceable Ship. And as for the work being de_stroyed before it be begun, that seems to us a Paradox, and carrieth no more truth with it then what else he hath set forth.

In his ninth Article, Master Burrell begins to tell his old Story with a piece of Non-sence, in these words: Vnlesse the Parliament do thus at an excessive charge, send many great sluggish Ships to Sea, the honour of the Sea is lost, and so lost, that it cannot be regained; and yet in a contradiction salves up the mat_ter and saith; But by reducing the Navie into a serviceable posture for these times, into a nimble condition, with one Tire of Ordnance and no more, and some Drakes for close Fights, with this caution; the greater the Ship is, the greater the Ordnance, and number of men, as the Ship can well accomodate.

Ans. By the first part of Master Burrells Non-sence, he would have sluggish Ships sent to Sea, or else the honour of the Sea is lost; but at last saith, That the Navie must be reduced into a serviceable posture for these times; as if the Navie were to be altered upon every turn of the Tide; and in stead of having the Navie maintained for the strength of the Kingdom against all forraign Forces that should invade the Realm, he would bring them to one Tire of Ordnance, pretending to suppresse the Kings Men of War, which are no other then small Frigates, Dogger-Boats, Sloops, and the like: and then indeed he would make Englands Navie contemptible, both at home and abroad.

Then he layes down what manner of Ordnance he would have put into the first, second, third, and fourth Rate-Ships.

Ans. For Answer thereunto: This Gentleman it seems would go about to teach Minerva, to instruct others, that know better then himself: And whereas he would have none but whole Canon, Demi-canon, whole Culverin and Demi-culverin, according to their severall ranks; we con_ceive that the Ordnance of his Majesties Ships are already so well propor_tioned, and with such good advice, that there needs none of Master Bur_rells Reformation.

In the next place he saith, The common Sea-men are so grosly co_zened of their thirds of Prize-goods, that many thousands have left the Kingdom; and those that remain, so dis-heartened, that no good Service can be expected.

Ans. Although this charge concerns not us, yet to our knowledge it is most false, as the Collectors for Prize-goods will make it appear, when they shall be thereunto called. And for the many thousands of Sea-men that have left the Kingdom; this is as true as the rest: for we could never learn of any that deserted the Parliament, but such as have alwayes lived as Pirats and Robbers at Sea formerly; the Kingdom being better without such than to have them.

The Gentlemans Conclusion is, That Ship that doth not sail well, cannot serve well; and that man that denieth this truth, and cannot shew a better remedy for a Reformation of the Navie, that man is wilfully ignorant, or a Traitor to the State.

Ans. In this particular we shall be brief, and conclude; He that sets forth falshoods, and endevoureth to destroy the Navie, (being the Walls of the Kingdom,) and produceth no better reasons, is either grosly igno_rant, or an Enemy to the Kingdom.

And thus we have gone through Master Burrells false suggestions, scan_dalous informations and notorious falshoods; and for the Vindication of our integrity, we humbly submit to the Justice of the High Court of Par_liament.

The Answer of the Commissioners of the Navie, to the Particular Charge of Master Andrewes Burrell, ab_stracted out of this Generall Charge.

MAster Burrell in his first Charge, saith, That divers of his Maje_sties Ships have been suffered to lie rotting in Harbour; as also foure of his Majesties Ships were lately condemned to be sold; yet such is the providence of the Officers of the Navie, that those rotten Ships are still continued, and do cost the Common-wealth, 1500.l. per annum, to keep them above water; and that by two other Ships, the State may save 1800.l. per annum, and neither weaken, nor dishonour the Navie.

Answer. To which we answer, That it is false, and scandalous; for we shall make it plainly appear, That onely those ships mentioned by him but the whole Navie is in a farre better condition, then when his Majesty left the Parliament. And first for the Soveraign; she was carved, graved, and trimmed, both under water, and above water, and made fit for the Kingdoms service, the last Summer. And that since his Majesties ab_sence; there have been repaired in drie Dock, the Saint Andrew, Victory, Charles, Vnicorn, Vantguard, Constant, Convertine, Guard-land, Bonaventure, Anthelope, Swallow, Mari-rose, and Warwick Frigate, besides the Triumph, Providence and Iohn in the Dock; which Ships when his Majestie left them, were all defective, and most of them unserviceable. And as for the Non_such, Assurance, Saint Dennis, and Adventure, they were cast three years or more, before his Majesties departure from the Parliament; yet his Majesty would never suffer them to be sold, untill new Ships were built in their rooms. But the Parliament, at one instance, being informed of the yearly charge of those Ships, gave order in October last, to put them to sale; which was done accordingly, but in regard the Winter was come, and the charge would be great to the buyer to bring them up to London, no man offered a penny for them; but now the time of year is come, and three new Frigates upon the stocks, and shortly to be lanched, we have put them to sale sail. And for what other Ships, not herein mentioned, they are trimmed every year; and kept as well, as ever they were, since the Kingdom stood. And as for the two other Ships which Master Burrell mentions in the Na_vie, in which 1800l. per annum, may be saved, and neither weaken nor dis_able the Navie; we confesse, That is a good service, if Master Burrell can make it good, and we desire the Honourable Houses, that he may give rea_sons how it may be done, without weakening the Guard of the Navie.

In the next place, he saith, That the May-flower is an old Ship, and hath for_merly been a Collier, and desires to know how many Men of Warre she hath taken for the 18000.l. she hath received of the State. And that the John is an old slug_gish Ship, and hath not taken one Prize, nor that her company have hopes to take any hereafter. And that the Nicholas is a very sluggish Ship; by which he would inferre, that the Parliament imployed none, but sluggish Ships.

Answer, Concerning the worst of Merchant Ships, as Master Burrell is pleased to call them, the May-flower, John, and Nicholas: As for the May-Flower, she hath been ever held a good sailer as most in the River, and of good force, insomuch, that she fetcht up, and fought with three Dunkirk Frigates in Seavern; and had taken them, if an unfortunate shot had not killed the Captain, by name Captain Cock: Besides many good ser_vices done by her upon the coast of Ireland, both in the relief of Youghall, and taking Dingley Couch; she likewise took the Providence-Regis, in Humber, and after beat the enemy from a Fort upon Humber, and took their Ordnance. And as for the John, she is no Merchants Ship, but belongs to the State; yet when Captain Haddock was in her, she tooke a States Man of War, which was laden with Powder, Arms, and Merchants goods, bound into Scarborough; which Powder and Arms were of great use to the Scot_tish Army, when they came first into Sunderland; with other Ships laden with Iron, Deals, &c. all which were made use of by the said Army. And after Captain Zachary came into her, under God, the said Ship and her company had not the least share in taking in of Scarborough, in keeping the enemy from water, as also all relief by Sea, although attempted by the Kings Men of War; and in a skirmish on shore, the Captain lost his life. And as for the Nicholas since she hath been in Ireland, she hath done as good ser_vice as any Ship whatsoever; although Master Burrell brand her, yet Cap_tain Crowther the Vice-Admirall in his letter to us, desired that she might be continued in the last winters service, being an active Ship. And as for the 18000l. received for the May-flower, we think it is far short of that summe. Yet when victualls, wages, wear and tear, are deducted, there will no great matter remain for the Adventure, which remains yet unpaid, and due from the State; as likewise to all other Merchant Ships that are in the service; by reason of which, we had much adoe to get a competent number of Ships, to serve for this Summers expedition. By which your Ho_nours may perceive how Master Burrell seeks to disgrace the Merchants Ships, as he hath done the Royall Navie: yea those Merchants Ships that have done the Parliament best service, as in his next Article will appear.

In the third place, Master Burrell begins to racke his memory, and complains of divers other good Ships, and saith, they are Colliers, and calls them the worst of Ships; as the Hector, the Dragon, the Green-Dragon, the Hopefull Luke, and the Exchange. And that there were seven Dunkirk Frigates, offered to be sold to the Officers of the Navie, for lesse then 5000l. But the Officers of the Navie refused them, and thought it better thrift to bestow 11000l. upon three Frigates, and that when they are built, (if they be built according to the directions given by the Officers of the Navie to the Master-Ship-wrights) he believes (as he doth all things else) that they will not be serviceable, as those of Dunkirk and (saith he) those Dunkirk Frigates so offered to this State, being encouraged by the King, and manned with discontended Sea-men for want of their thirds; have taken many Ships and goods from the Merchants of London, to an inestimable value.

Ans. In the third Article, concerning the taking up of Colliers, which Master Burrell calls the worst of ships: And first for the Hector, Captain Beddall, she hath done very good service; first in taken a Ketch laden with Butter and Coals which came out of Newcastle, which vessell she fetcht up in foure houres chase, meerly by sailing ; the next he took was Galliot Hoy, which came out of Newcastle with three thousand and odde pounds in mo_ney to buy Armes, as likewise letters of credit for three thousand more, the rest Coals and Grindstones; in five houres chase she fetcht her up, notwithstanding, she was a choice vessell for sailing, taken up for that pur_pose; and Captain Cork, Treasurer to the Earle of Newcastle, (who was imployed to buy the Armes) was in her, and brought prisoner to Dover. The next she took, was a Kings Man of Warre, called the Black-horse, which he chased a shore, and after took her, and brought her to London: the next he chased Captain Denton a Scarbrough Man of War a shore, which was then cast away; and after chased another Man of Warre, with divers provisions bound for Scarbrough, which he chased till he had had spent, his mast; and after took him, and carried him into Burlington; the next was a Colli_er, conveyed by Brown Bushell, which he took, and sent into Hull. Since that, he rescued two North-Seamen, out of the hands of a Scarborough Man of Warre, with diverse other good services, which did conduce to the benefit and honour of the Parliament, which the said Captain Beddall can give a more particular Accompt of; and this is one of the Ships M&r.sup; Burrell calls a Collier, and the worst of Ships. This Ship hath been victualled, and manned by the State; and hath taken more prizes, then foure times her fraight amounts unto, the Ships Hull hired for 62l. per mensem: And in_deed these Ships (although by Master Burrell called Colliers) yet by rea_son of their great force, and small draught of water, are the most fit Ships for that Coast, except Frigates, especially in Winter time. As for the Dra_gon, and Green-Dragon, they were taken up by the Committee for Newcastle, to carry Souldiers to Holy-Island: and afterwards in regard of their good service there, and at Barwick, they were taken up by Order of the Honourable Committee of the Navie, to guard the Northern Coast; where they afterwards performed very good service, in so much that Captain Greens Ship called the Green-Dragon (which Master Burrell calls the worst of Ships) took divers Prizes, and being in fight with one, the Captain was slain, and yet the Prize was taken. The Hopefull-Luke was a Merchant Ship, and no Collier, and the first voyage that ever she made: And the Ex_change was never imployed in the service of the State. And as for the seven Frigates so mentioned in his charge, we heard of it upon the Exchange, and did acquaint the Honourable Committee of the Navie therewith; and although money (at that time) was so scarce, that the Committee could hardly find money to pay Marriners wages, and set forth our Fleet; yet notwithstanding , they bought the Warwick, Cignet, Starre, Hind, Lilly, and Crescent Frigates, which are now in the service. By this your Honours may perceive how farre we have been from opposing the buying or building of Frigates, but have rather endeavoured to increase the number of them, being now at least twenty. And whereas Master Burrell saith, they might have been bought for five thousand pound: he doth not tell your Honours, That they would cost to be set to Sea, double the first cost; as by experi_ence we have found in the aforesaid Frigates. And whereas he chargeth us with giving directions to the Ship-wrights, for the building of three new Frigates, it is false; for the master Ship-wrights, with the Assistants of the Master of their Hall and the Master Carpenter of the East-India, Company, gave us under their hands, the dimensions and scantlings by which the said Frigates should be built; and we doubt not, but they per_forming their duty, one of these Frigates will be more serviceable, then three of those mentioned by master Burrell. And as for the discontended Sea-men, where with the King hath manned his Ships, we are sure they had no cause to be discontended, neither with the Parliament nor us; for the Honourable Houses of Parliament, have been pleased to augment their wages foure shillings in a moneth, and give them the one third of all they took, which to moderate men should have been an engagement: but in regard we are not of one mind, as well by sea, as by land, and some had rather live Pyrates, then in an honest calling, there may be some Eng_lish (although not thousands) out of their ill affection to the Parlia_ment, that have deserted the Cause, and yet in the Kings Men of Warre, there are three strangers for one English man. And as for the Merchant Ships that have been taken, some have been surprised in going from their Convoy. And if Dunkirk, being a small fisher-town, taketh from the Hollanders, every year at least eightie, or a hundred sail of ships, and some years more; notwithstanding, their great Fleets, set out every year for suppressing of them; how much more may all those Ports of Flanders, France, Holland, and Denmark infest our Coasts, and yet in all this time, they have not taken any considerable Ship of force.

In the fourth place, He falls upon some Members of Parliament, to wit, Ma_ster Vassall, and Master Bence, That they are owners of some sluggish Ships now in the service; as if their Ships were not as well able to serve, as any other Ships in the Kingdom, and likewise would fain make all the Commissi_oners of the Navie, Owners of such Ships as are unfit for the service of the State; when indeed and in truth, Master Burrell careth not what Ships they have, so he may have their places. Then he saith, he hath a new complaint which he hath (worn thred-bare, and as false as the rest) testified by wit_nesses, (and never a word true.) And that is, that the best of Prizes have been estranged from the Parliament, and possessed by the Officers of the Na_vie, and their associates; And that those Ships have taken many rich Prizes, and when they have taken them, the Officers of the Navie have paid them off with the Parliaments pay, not allowing those that have been most valiant, one penny for their shares, when the Prizes taken, have been worth 11000l. And when the Sea-men demanded their shares, one of the Officers threatned them with imprisonment: By which unkind usage (saith Master Burrell) many thousand common Sea-men have been occasioned to leave the Kingdom, and to serve against the Parliament. Then Master Burrell doth beseech their Honours to give him leave to acquaint them. that there is a Danish Ship now in the River of Thames, and saith, it is said, she was taken from the Danes by authority of Parliament; but saith, he knowes not whether Prize or no: But this he knoweth for certain, that Ship is fitter for the Parliament, then for any Subject in the Kingdom: and wheresoever the mystery lieth (saith wise Master Burrell) that Ship was worth foure times so much money, as she was sold for.

Answer, Master Samuel Vassall doth owe part of the May-flower, which is a serviceable Merchant Ship, and hath been often imployed, both in the Straits, and in the West-Indies, by diverse Merchants in London, being fortified with twenty eight peeces of Ordnance, and three Decks, and ne_ver understood by us to be a Collier, or sluggish, as afore is declared. Master Alexander Bence, oweth a sixteenth part of the Blessing, being a fit Ship for a Man of Warre, as any Ship of her burthen, in the River of Thames, and no sluggard, as Master Burrell would have her. And as for the Angel, we know of no such Ship in the service. And whereas Captain Crandley, and Captan Morris, are said to be owners of the Anne Percie, it is not true, although the Ship be without exception, fit to serve any Prince in Chri_stendome. And whereas master Burrell saith, that Captain Crandley, and Captain Tweedy owe part of the Honour and Providence; it is true Cap_tain Crandley, owes part of the Providence, though not in the service, as likewise the Honour lately burnt. But as for Captain Tweedie, to be owner of either of them, or of any other Ship in the service, it is false and untrue; although both the said Ships were, and are serviceable both for the State, and Merchants, as appeared by the Honour, which fought with six of the Kings best Men of Warre, off Holy-head in Wales, and beat them into Bri_stoll, and yet not in the States service. And whereas we are charged with severall Prizes taken by the Parliaments Ships, estranged from the Parlia_ment, and possest by the Officers of the Navie, and their associates, and paid with the Parliaments pay, and their chief Commanders Irish: We an_swer, it is notoriously false and scandalous, as what else touching this Ar_ticle; And we desire your Honours would be pleased, that he not proving it, we may have vindication, and be repaired in our reputation; which to us is as dear as our lives. And as for the Danish Ship, we know of such a Ship taken by Captain Batten, and after delivered by the Honourable Hou_ses of Parliament, to the Merchants Adventurers, together with her goods brought from the East-Indies, which was by them sold, in satisfaction for their wrongs received from the King of Denmark; and whether sold cheap or dear, it no way concerneth the State, nor us. By this your Ho_nours may perceive the malice of this silly ignorant man, that will inform your Honours with that, which he cannot in the one, nor dare not in the other, make good.

Master Burrell recites diverse Captains, by name Captain Man, Captain El_lison, Captain Wills, Captain Wild, and Captain Wappell; which he saith have done very good service, but never received any reward, or preferment; And would make the world believe they are as discontended as himself, insomuch, that he saith they would leave the Kingdom; when to our knowledge three of them are now at Sea, in the service of the Parliament in three good Ships; and are neither discontented, nor unrewarded, as M&r.sup; Burrell would have them to be.

Ans. As to the fifth Article, touching Captain Man so much commended by M&rsup; Burrell for his valour, wherein he saith, he hath deserved a gold chain for his service against Mucknell; we confesse had he and his consorts perse_vered and taken Mucknell, they all had well deserved a good reward, but leaving him to harbour himself in Silly (where he run his Ship upon a rock) we cannot conceive how he or they have deserved a reward; yet for his in_couragement, we suppose the Honourable Committee of the Admiralty hath well preferred him, from the command of a small Frigate, to command one of the best third rank Ships in the Navy. As for the good service of Captain Ellison, we are well satisfied; but that he hath not received any shares, of what is due, we cannot believe; or that he should make any such complaint unto Master Burrell, and not rather unto those, who would do him right. As for Captain Iohn Wills, we marvell he should com_plain of all others; for to our knowledge, he is well satisfied in the Service, being Captain of a small Ship, the Lucie, he left the said Ship, and lived ever since on shore; and if he be such a man, as Master Burrell sets down, that he was intended to leave the Kingdom, and to seek employment in other Countreys; truely he is not to be trusted by the Parliament: for satisfaction of which, it will be necessary to question him before he takes the command of Captain Plunkets Ship, being appointed by her owners to be Commander of her, in the States Service. And as for Captain John Wild, he hath been employed in the Service; and what his deportment was, we leave to the relation of the Right Honourable the Earl of War_wick: but in his last employment, he was Captain of the Cignet-Frigate upon the North-Coast, where we were given to understand, that in that Service, he and Captain Wills in the Lucie, took 4 Ships in Lynne-Deeps, belonging to that Town, when the Earl of Manchester was before it: his Lordship having taken the Town, the owners of the said Ships petitioned his Lordship, for restoring of the said Ships and Goods; upon which his Lordship was pleased to grant them their Ships and Goods again, they pay_ing the Captains 400 pounds salvage, viz. 100 pounds amongst them and their Marriners in money, and a bond of 300 pounds to pay to the Cap_tains at a certain time; which we understand they have received, but ought (in our opinions) to be accountable to the State, in lieu of the Ships and Goods, which were Prizes: besides they pillaged the said Ships, as by com_plaint to us from the owners: By all which it doth appear, he hath no cause to complain for his thirds: And if he be such a man as Master Bur_rell makes him to be (which we do not beleeve,) we leave it to your Ho_nours grave Wisdoms, to consider whether he be so fit a man as Master Bur_rell makes him, being one of those (as Master Burrell saith) that out of dis_content would leave the Kingdom. As for Captain Wappall, he had al_most starved his men upon the Coast of Ireland, insomuch, that they brought away the Ship for want of Victuals, when Sir Charles Coote had most oc_casion to use him, after the taking in of Slego, the businesse being taken into examination before us; and this is another of Master Burrells men, that would leave the Land; which, if so, are not fit men to be trusted by the State. And as for Captain Hawkeridge, we doubt not but the Right Ho_nourable the Earl of Warwick knows him well; and questionlesse, if his Lordship had found him so capable of employment, as Master Burrell pre_tends, he had been preferred as other men. And as for his Giant Captain Hodges, as Master Burrell calls him, he alwayes served in a private Man of War; by which employment, he made so good use of his time, that he hath purchased a great Ship, with which he is gone for Venice, laden with Merchants Goods; and not out of any discontent, as Master Burrell would have it, but for his own advantage.

In the sixth place; he saith, That divers persons are employed in the Parlia_ments Service, that have deserved punishment; and in stead thereof; have been preferred to places of trust; and nominates Captain Shaftoe.

Ans. Concerning Captain Shaftoe, we did receive information, that he released (after he had taken) one Leyton; who afterwards (as is said) went into New-castle: Captain Shaftoe, after his coming to Town, did acquit himself, by divers witnesses, of that crime; and will be ready at all times (being now Commander of Holy-Island) to give the Honourable Houses further satisfaction. As for his Bill for his Ships Pay, mentioned by Master Burrell, to be branded by Master Holland, in regard of the crime above-said; it is true, it was so done by him against our consent, long after he had signed it; but in regard we could not lay any just charge to Captain Shaftoe, and the money belonging to the owners, and not to him, for the Service of the Ship; we could not in justice, but take off the brand of the Bill; Captain Shaftoe being a responsible man, to answer any thing that afterwards should be laid to his charge: and to our knowledge, he is a man that hath been faithfull to the Parliament, having done speciall Services in landing in Northumberland, by the command of Captain Edward Hall, with the Anthelopes men and his own, being about 150, and coming to Colonell Hagerstons house, being very strong, summoned it, and took part of the out-houses, and after, the Colonell himself thinking to escape away, his horse was shot under him, & so taken, as also his Son in the House; where they found store of cloth for Souldiers coats for the Colonells Regiment, which he was raising: the taking of the said Colonell, and bringing him_self, and some prisoners, was the break-neck of that Regiment; which was at that time an excellent piece of service: In the next place, he most despe_rately entred into the Port Holy-Island, the Castle and Island being for the King; and having not above 100 men, he first took the Town and the Island, and afterwards summoned the Castle, and had it delivered to the use of the Parliament: for which good service, the honourable Houses made him Captain thereof, where he remains to this day. And as for Ma_ster Hollands forbearing 14 moneths to sit in Commission for this and ma_ny other abuses, as Master Burrell pretends; we humbly desire, that Master Holland may be examined, what these abuses were, and by whom commit_ted, that, if so, they may receive condign punishment.

In the seventh place, Master Burrell chargeth Captain Peacock with treason_able practices, and saith, That he took a Vessell, whereof was Master, one Hixon, laden with Arms and Ordnance for his Majesty, and when Captain Peacocks men would have gone on board to search her, he denied them, and told the men she was laden with Apples, bound for Scotland; and after private conference in the Cabine together, Peacok set Hixon at liberty, and Hixon went into New_castle, while Peacock was in sight of him, and there delivered divers pieces of Ordnance, and other Ammunition for the King: for which treachery, saith Master Burrell, Peacock did neither suffer punishment nor fine, although the Articles against him were exhibited to the Officers of the Navie, and proved against him; yet notwithstanding the great complaint, Peacok is lately made a Captain of one of the Parliaments Ships.

Ans. As for the charge given against Peacock, we found no just proof against him, referring him to his defence presented to the honourable Com_mittee of the Admiralty, by which we doubt not but he hath given full satisfaction, before their Honours admitted him into the service again, be_ing now Captain of the Warwick-Frigate.

In the next place, Master Burrell chargeth one Bramble with cowardize, and saith, he was to convoy William Hazard in the Gift of God, from Ireland, with fifteen Masts for the Service of the Navie; and Bramble commanding one of the Parliaments Frigates fortified with sixteen peeces of Ordnance, met with two of the Kings Men of War, and at the sight of them (as Master Bur_rell saith) ran from his charge, and left Hazard to the mercy of the Enemy, who carried him into Falmouth; for which cowardly Service, Bramble was put out of the said Frigate, by the space of a year; but of late preferred to be Cap_tain of one of the Parliaments Ships.

Ans. Concerning Captain Bramble leaving of his Convoy, which came from Ireland, with fifteen masts; It is true, that two Frigates chased his Convoy in the morning, at break of day; and she being so far a stearn, could not recover her before the Men of War had possession of her, (as we are informed:) and since that, he hath been Master of the Anthelope with Captain Hall; where he behaved himself so well, that the said Cap_tain Hall recommended him to the owners of the Ark, a Merchant-Ship, whereof he is now Commander.

The ninth and last Quere (as he saith) is of great concernment, and thinks it not fit the common Sea-men should be acquainted with it; and further saith, he finds them so full of discontent, that if he should give them any encouragement, he fears they would be offensive to the Parliament, because (as Master Burrell saith) they have been grosly cozened in their thirds of Prize-goods, taken by Captain Swanley and Captain Moltons Squadrons, worth a great value, but (he saith) obscured by transaction. Then he falls again upon Reformation, and re_ducing the Navie into a serviceable posture for these times, and such a Reforma_tion, as will enable the Parliament to recover the Soveraignty of the Seas: And the jest is, he will defend England it self from being invaded by Turks and Land_robbers; and saith, The honour of the Sea is lost, and the money spent little bet_ter, than cast into the Sea.

Ans. Concerning the fear he hath of the common Sea-men, of their coming to clamour at the Parliament-door; we beleeve there are no such men, except promoted by Master Burrell and his Agents. And for the Prizes taken by Captain Swanley and Captain Moltons Squadrons, we re_fer them to the Collectors for Prizes and Prize-goods, who can give a very good account thereof. As concerning the Gentlemans conclusions, of his mark and aim for reforming of the Navie into a serviceable posture; We hope we have given a full satisfactory Answer to your Honours: But we wonder that he should be so impudently bold, as to charge the Parlia_ment with the expence of so much money to be spent at Sea, or rather cast into the Sea; when it appeareth, that the Navie, under God, hath not had the least share in preserving the Kingdom, for the reasons given aforesaid. And as for the honour of the Sea, we dare be bold to say, it hath never been better upheld, then since our Fleets have been abroad; where they have been, and still are Masters of the Seas, in the face of the Parliaments Ene_mies. And as for the Reformation of the Navie so much mentioned by Master Burrell, we know not what he means, unlesse it be to destroy it, if it be no other than what by him is set forth; and in former times would have been held treason, if any Projector that should have endevoured to put the same in practice. And we much wonder, that he, or any man, dares presume to inform the Parliament, to bring Englands Royall Navie into such a contemptible and weak condition, as this Gentleman would do by his Reformation, contrary to the opinion of the most skilfull Sea-men and Ship-wrights of the Kingdom: And therefore we could wish, that Master Burrell, so much insisting upon a Reformation of the Navie, would first re_form himself of such grosse ignorance, of which he now stands guilty. And thus we hope we have answered both his Generall and Particular Charge, referring both it and our selves to the grave Wisedom of the honourable Houses of Parliament, from whom we hope to have vindication, and repa_ration for those many unjust aspersions and false accusations against our persons and reputation, set forth by Master Burrell, in his Pamphlet.

Postscript.

THen he writes his Postscript, and shews of what rank the Ships shall be, which he intends to reform; and then he saith, If the State had ten times as many Pinaces, and ten times so many Fri_gates as are now employed, the honour of the Sea cannot be main_tained by them: It is the Ships of the Navie that must, and (if they were reduced) that can recover and maintain Englands honour; It is the Ships of the Navie, and not the Pinaces and Frigates. And then begins to make his recantation, as he thinks and saith, That whereas he saith the Admiralls, Vice-Admiralls, and Rear-Admiralls, have not shot one shot in anger, since these distracted Wars began, his intention was, and is, that they have not shot one shot in anger, viz. in offence or defence, in a Warlike manner, against any of the Kings Men of War, or any other Ship that have affront_ed them.

Concerning reforming the first, second, and third rank-Ships, we have given so full an Answer already, that we shall not need to reiterate it again; Onely in the ten times so many Pinaces, and ten times so many Frigates, the honour of the Seas cannot be maintained: It is the Ships of Englands Navie (saith Master Burrell) that must maintain the honour of the Sea; which we agree unto; but not to reduce them into the posture of Frigates, with one Tire of Ordnance, as Master Burrell would have them. And as for the Admiralls, Vice-Admiralls, and Rear-Admiralls, That his meaning is, they have not shot one shot in anger, in offence or defence, in a Warlike manner, against the Kings Men of War; He makes the cure worse then the disease, and abuseth not onely that Honourable Lord, but all other Commanders, as if they did not know how to defend themselves, or of_fend and Enemy in a Warlike manner.

FINIS.

Imprimatur Na. Brent. |CMS |Y1658 A MODEL For the maintaining of Students Of choice abilities at the UNIVER__SITY, and principally in order to the MINISTRY. TOGETHER With a PREFACE before it, and after it a RECOMMENDATION from the UNI_VERSITY; and two serious Exhortations recommended unto all the unfeigned lovers of Piety and Learning, and more parti_cularly to those rich men who desire to honour the Lord with their substance. &horbar &horbar Prov. 3.9. Honour the Lord with thy substance, and with the first-fruits of thine increase. &horbar Printed Anno Domini. 1658.

The PREFACE.

HOw dear the glory of God and the Kingdome of Christ should be unto all, and is to every one in whom dwelleth the love of God, is on all hands acknowledged; That it is a duty incumbent upon all men, not onely to praise God with their lips, but also to honour God with their substance, and that in a proportionable manner to what the Lord hath been pleased to betrust them with; we wish it were as cheerfully practised as it will be readily grant_ed. As there is no greater honour that can be put upon a Creature, than to be in a capacity of honouring God, especi_ally when to this is added the blessing of a large and wise heart to understand how great a trust that is, and what a glorious advantage is put into his hands; So there is no great_er Evidence of a sincere heart than to be unwilling to offer to the Lord such Sacrifice as cost nothing: And as it is a duty to honour God, so it is a duty also to study in what wayes God may be honoured, and if one way be more conducing than another to the attainment of that great end, that way is most eligible, by wise and pious Christians; And although it is a lauda_ble and necessary work to exercise Charity towards the bodies of distressed persons, yet those must needs be the most noble acts of Charity which concern the souls of men, seeing both the object of them is more excellent, and the effects more dura_ble. And as the means instituted by Christ for the good of souls, is the erection and maintenance of his Church, and the supplying of it with an able and pious Ministry: So it hath been in all ages the care of those whose hearts have been touched with a sence of Gods honour, and a fervent desire of the Churches enlargement, to afford such liberal supplies and encouragements as might both prepare men for, and support them in the work of the Ministry. And these are the ends which have been principally aimed at by all, but all have not used the same means to those ends, nor are all means equally effectual: It is therefore our desire in this Model to make choice of such wayes as to us seeme most useful for the fore_mentioned purposes: And because the foundation of the work lies in the excellencie of the natural parts of such as are de_signed that way, a few such being more worth than a farre greater proportion of other men; it is therefore of great use, and we shall endeavour that it may be our great care to single out such persons to whom God hath given the most high and promising abilities: Who if they be placed under the most learned and godly Tutors we can finde, and obliged as far as possibly we can to a diligent and eminent improvement in knowledge of all sorts and solid piety, we conceive it will be no arrogance humbly to expect a more than ordinary advan_tage to the poor Church, which now, if ever, calls for Teachers of exquisite abilities: And because there are some Church_works of great concernment which cannot be conveniently managed by such as are overwhelmed with preaching work (such as the resolution of weighty doubts and cases of consci_ence, the stopping of the mouths of gain-sayers and the like) it must be judged of great advantage to have some particu_lar persons exquisitely fit for such works both in regard of na_tural and acquired endowments, who should be set apart for such works to attend upon them without distraction. The ra_ther, because there are diverse men, peradventure not emi_nent for preaching gifts, who being wisely improved, may be very serviceable to other of the Churches necessities: And these are the chief intendments of the following Model: Yet, for as much as there may be diverse towardly youths, of competent parts (though short of the eminencie that some others attaine to) and meane condition, who may be of good use in the Ministerial work, and seeing the ordinary necessities of the Church are not to be neglected, especially the condition of Ireland and Wales, and some dark parts of England being so dolefull and dismal, we hope it will be an acceptable work to lay in provision in this Model, whereby fit persons may be sent into those places, which by reason of their distance many cannot, and others do not go into: We confesse, as we shall not be wanting in our prayers and endeavours, as far as God shall enable us sincerely and impartially to look to these ends and wayes propounded; so we cannot but hope in God that the bowels of many precious souls will be refreshed by these means. And we are confident whoever shall engage their hearts in this free-will-offering to God, will have no cause to repent of it, nor shall it be a grief of heart to any at the last day (when the rust of other mens silver shall rise up against them to their everlasting confusion) to have been the happy instru_ments of enlarging the Church, and propagating the Gospel, and saving of souls; and in this life also the generations to come shall call them blessed. Read and approved, and appointed to be printed by the Trustees. Mat. Poole.

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

SECT. 1.

THat a Subscription be made by such whose hearts are affected with Gods Glory, and the Churches good in the advancement of learning and piety.

Sect. 2. And because subscriptions of this nature, though happily begun, have heretofore failed, lest it should happen so in this case (whereby the whole designe would be frustrated, and Youths of excellent parts hopefully planted at the University forced to remove, besides many other inconveniences) we do earnestly desire that God would stirre up the hearts of those whose estates will bear it, to subscribe for eight yeares or more, or for ever. Which we shall look on as a Noble and Eminent act of Charity, and which present and future ages may have cause to blesse God for, and as the most proper and onely certain course to promote the intended designe, and to prevent the forementioned mischiefs, yet if any shall contribute any thing upon other termes, we judge it a very acceptable service, and we hope it will occasion thanks_giving to God on their behalf.

Sect. 3. That the money collected, be disposed of by per_sons chosen to be Trustees not exceeding the number of fifty, whereof thirty to be Gentlemen or Citizens of Eminency, and twenty to be Ministers in or within five miles of the City of Lon_don; of which number any 7, to be a Quorum, whereof three to be Ministers. And that these Trustees do solemnly engage them_selves to proceed in all things without partiality, as they shall judge best for the publick good, and not to be byassed by any fa_vours or recommendations or respects whatsoever.

And that when any Minister who is a Trustee dieth, or refu_seth to act further in the businesse, or removeth ten miles from the City of London, or by the rest of the Trustees is judged to deserve dismission from this Trust, the rest of the Trustees, or any nine of them, (notice being given to the generality of the Trustees of the meeting, and of the end of it) being met together, proceed to choose another. And that they solemn_ly engage themselves to choose one whom for piety, discretion, learning, fidelity, activity, publick spiritednesse, ingenuity, and other necessary qualifications, they judge fit for the work. And that when any other of the Trustees, to wit, Gentlemen, or Citizens die or refuse to act further, or are by the rest judged unfit to continue in this Trust; the rest of the Trustees or any nine of them, (notice being generally given to the Trustees of the meeting, and of the end of it) being met together, proceed to choose another, and that they choose one of con_siderable quality, wisdome, known integrity, and affections to the advancement of Religion and Learning.

Sect. 4. That the Trustees do choose a Treasurer (being a person of unquestionable fidelity) from year to year upon the twenty first day of March, to begin to exercise his Trust March the twenty fifth following, who shall be accountable to the Trustees once a Quarter, or to any seven or more of them; And that the Treasurers discharge be sufficient to any that shall pay the money. And that the Treasurer shall not dispose of any of the money, but according to the direction of the said Trustees, or any seven of them, (whereof three to be Ministers) met together for that purpose, (notice being generally given of such a meeting;) to be expressed in writing in a book to be kept for that use by one of the Trustees appointed by the rest.

Sect. 5. That the Trustees, or any five of them, (whereof three to be Ministers) appointed by the rest or any nine of the rest met together, notice still being generally given to the Trustees of the meeting, shall go about to Schooles in or within twen_ty miles of the City of London, or thereabouts; and shall conferre with the Schoole-Masters, and out of six of the most inge_nious Boyes being strictly examined, two of the best be chosen. And so to go from one Schoole to another. And because we would not have the benefit of this work confin'd to London, and the adjacent parts: But as we hope for help from diverse persons in the several Counties, and as for the future any County is ca_pable of enjoying such Ministers as through Gods blessing shall be sent forth by the care of the Trustees, so for the present we would have ingenious boyes of any County to be capable of it, and therefore if any lad of rare parts from any place be recom_mended and found to be such, that care be taken to maintain him and instruct him more perfectly in some eminent Schoole where the Trustees think fit, and so send him to the University: or that for this present time (but no more) the Students be pick_ed out of the most ingenious Scholars of the first or second year that now are at the University, six out of twelve: and that more respect be had to their parts, than learning, seeing learning may be added. And that for such as shall be chosen, if they have any parents, or such friends as have a power to dispose of them, both the students and their parents, or such friends shall promise in writing that they will submit to the Trustees for the education of such students, both as to the man_ner of it and the time, as both are expressed in this Model.

Sect. 6. That the boyes to be chosen be, as of eminent parts, so of an ingenuous disposition, not enemies to godlinesse, nor such as have a sufficient maintenance any other way. That they be the children of such parents as are, 1. not Scoffers at godlinesse, 2. Nor men of corrupt principles as to the weighty poynts of Religion. 3. Such as are poor, or but in a mean condition: Yet if a boy be towardly and pious, his parents corruption shall be no prejudice to him, but godlinesse wherever it is shall be in a special manner considered.

Sect. 7. That the boyes so chosen be sent to the University, and be there placed under such Tutours as the Trustees shall choose, (who shall be men as near, as may be eminent both for godlinesse and learning, and care of their Pupils) which Tutours shall have for their encouragement four pounds a year for tuition for each of these students, that there they have ten or fifteen or twenty pounds a year allowed them, as the Trustees shall think fit, till they be Batchelars, and if need require, and the Trustees see fit, that they be considered for their degree, (as also afterwards for their Master of Arts degree) and after they are Batchelars; (if they have been very diligent, &c.) twenty or thirty pounds a year, as the Trustees think fit. And that they shall be ob_liged to study to be eminent in the Latine, Greek, Hebrew, and other Oriental languages, and in the several Arts and Sci_ences, still reserving a power to the Trustees to consider the diffe_rences of the parts or dispositions of lads, and accordingly to ac_commodate them as they see cause. And that over and besides their ordinary Universities exercises, they be tied to special ex_ercises in those things as shall be thought fit by the Trustees, and such learned men in the University, as they shall advise with, as the making of Speeches, Verses, Epistles, &c in the languages, holding disputations and making Lectures in the Mathematick, Civil Law, &c.

Sect. 8. That they have their allowance continued for eight yeares, and that they intend and direct their studies to_wards the Ministry, and if contributions come in sufficiently a_bove what shal suffice for the yearly maintenance of twenty Scho_lars at the University in order to the Ministry, some more eminently able be pick't out of the rest, (whose inclinations are rather to continue at the University, and who are fitter for it) who shall be allowed to take fellowships if it shall please any Colledge to bestow them upon them, and also have such allowance, as the Trustees shall judge fit, (according to the excellency of their parts and learning, and the nature of their work, and their ha_ving, or wanting other maintenance,) upon these conditions. 1. That they be obliged to take no Pupils, if they are Fellowes, but by the consent of the Trustees till they are Masters of Arts, and then not too many. 2. That as every ones genius leads him, and as he is judged fit, so he principally prosecute some one kind of study, one to be the Linguist and principally for Greek, and for Jewish and Rabinical learning, another the Historian, and Antiquary, another the Philosopher and Mathematician, another the Polemical Divine, one or more another the Practical and Casu_istical Divine, another the Universalist. 3. That each of those employ themselves (when occasion shall require, and the Trustees shall reasonably desire) in such works as shall be useful and ne_cessary. And if there be a sufficiency of contribution above what shall suffice for those before mentioned ends, the rest be employed as the Trustees shall think fit (provided alwayes it be imployed for the apparent advancement of learning and piety) and, whereas diverse after they have been four years at the University, are forced through poverty to go away, ere they commence Batchelars, or presently after, and to enter into the Ministry while they are raw, that a special regard be had to such, as du_ring that four years have most approved themselves, and are most eminent both for learning and godlinesse, that they have an al_lowance for their degree, and also to support them at the Uni_versity three or four yeares more, (provided it be bestowed upon such Batchelars, as do truly intend to enter into the Ministry.)

Sect. 9. That once in a year the Trustees, or any five of them appointed by the rest, whereof three to be Ministers, go to the University, and there (with the help of some able U_niversity men) finde out their profiting, that if any excell the rest, &c. the Trustees shall give them such encouragement as they shall see fit, and that if there be conscience-satisfying evi_dence of the idlenesse or dissolutenesse, or any depravednesse of any of them, the Trustees, either then, or at any other time after admonition and tryal for so long time as they shall think fit, may withdraw the exhibition from them, & chuse others in their place.

Sect. 10. That once in a year there be two or three picked out of the Students, by the Trustees, to come up to Lon_don (their charges being born) to do some learned exercises in the City, if the Trustees think fit, and as they think fit; that so the Contributers may see some fruit of their cost, and others may be excited and encouraged.

Sect. 11. That there be an accurate Method of studies pre_scribed for them (with some Latitude for the variety of their geni_us's) that so no time may be lost that way.

Sect. 12. That their Tutours be desired to have a special eye upon them, as to their godlinesse, and to presse them to a dili_gent attendance upon all means publick and private conducing thereunto.

Sect. 13. That after eight years well spent there, the Trustees and Contributers do by themselves and friends endeavour to promote them to a place answerable to their merit.

Sect. 14. That the addition or alteration of Circumstances be left to the wisdome of the Trustees, or any nine, or more of them, whereof foure to be Ministers, provided that notice be given to the Trustees generally of the meeting, and of the end for which the meeting is appointed, and provided alwayes that the substantials remain untouched, (to wit,) the bringing up of eminent Scholars at the University, in order to the Ministry, and (if contributions come in sufficiently) the leaving of o_thers at the University according to the eighth Article.

Sect. 15. That there be two or three chosen out of the Univer_sity, who shall be intreated to take some inspection over them.

Sect. 16. That those of the Trustees that shall be chosen by the rest for any of the publick work, shall have their charges born them. And that all charges incidental to the work in the management of it, shall be allowed out of the Stock.

�. 17. And although our great aim in this businesse is the bringing up of Scholars of eminent parts and learning, & the supplying of the Church with choice Ministers, and such as through Gods blessing may be pillars of the Church, yet because the or_dinary necessities of the Church are also to be provided for, es_pecially seeing the deplorable condition of Ireland and Wales, and some desolate parts of England, cries loud for our assistance, the Trustees therefore (after provision made for the foremen_tioned branches of the designe) shall endeavour to take care a_bout the maintenance of poor Scholars of competent abilities and good inclinations (though it may be not of eminent parts) at the University and shall allow them what they see fit.

And such lads as also their parents or such friends as have the dispose of them, before they be admitted, shall in writing engage themselves to be willing to be disposed of by the Trustees, and to be sent into Ireland, or Wales, or some destitute parts of England,) as the exigencies of the Church require) Provided alwayes that they shall not be sent to any such places, unlesse there be competent encouragement for them (of which the Trustees shall be judges.)

Sect. 18. For our Brethren in any Counties who shall be pleased to contribute to this work, we desire that to their former fa_vour they would adde this, to take some care for the payment of their monies in London quarterly, and either to appoint some person in London from whom it may be expected quarterly, or else to send it in to the Treasurer.

&horbar

Here followeth a Testimonial from some reverend Do_ctours, who are Heads of houses at Cambridge, the reason why here is not a Testimony from Oxford, is not out of any foolish �mulation or neglect of that other Renowned U_niversity, but only because he that negotiated the businesse was principally acquainted with the Heads of the other University.

WE whose Names are here under written, having perused certain Articles or Proposals communicated unto us, containing a design for the collecting of a yearly summe of mo_nies, to be disposed of by Trustees for the breeding up of Stu_dents in the University in order to the Ministry, We do in our private judgments very much approve thereof, as that which, being faithfully and duly executed, may through Gods blessing be very much conducing to the advancement of learning, the defending of the truth, and building up of the Church of Christ, and now especially needful, when the work is so great, and the number of faithful labourers so small, and in danger to be smaller through the inability of some, and the unwillingnesse of others to breed up their children in such a way. And it will be matter of our rejoycing and thanksgiving unto God to behold others also in the several parts of this Nation, induced by this example of the great City, to designe their superfluities to so charitable, so Christian, and so seasonable a work. John Worthington. John Arrowsmith. Anthony Tuckney. Benjamin Whichcot. Ralph Cudworth. William Dillingham.

&horbar To the Rich that love Christ, the Church, the Gospel, and themselves. Gentlemen,

I Have here a happy opportunity to offer you an excellent benefit, by inviting you to an excellent duty. If receiving be unpleasant to you, how came you to be rich? If you like it, come while the Market lasts. Come before Thieves, or fire, or Souldiers have seized upon your perishing wealth, come be_fore death hath taken you from all. You see here that Christ is contented to be your Debtour, at the usury of a hundred for one, in this world, and in the world to come, eternal life. Matthew 19.29. If you are covetous, take this bargain, for all the world cannot help you to the like for your Commodity: If you are not covetous, you will not be tenacious of your money: The offer is so fair, and so unmatchable, that I know not what can keep you from accepting it, unlesse it be that you dare not trust the Word, the Promise, the Covenant of Christ. And whom then will you trust? who shall keep your wealth? will you? But who shall keep you then? will you undertake to keep your selves? Alas, how long? Is God to be trusted with the susten_tation of the whole Creation, and the government of all the world, and with the lives of you and all the living, and with the prospering of your labours, and your daily preservation and provision? and yet is he not to be trusted with your money? you'le say you trust God? let us see now that you do not play the hypocrites? If you are friends to Christ, you may see in the work here offered to you, your Masters Name, and interest and honour! It's certainly his voice that calls you to this adventure and therefore never make question of your call. If you are friends to your Country, now let it be seen: If you live an hund_red years, perhaps you will never have a better opportunity to shew it. If you are Protestants and love the Gospel, shew it by helping to plant and water the Seminaries of the Lord. Per_haps you cannot dispute for the Truth, or preach for it your selves: But you can contribute for the maintenance of some to do it: This then is your work, know it and performe it. You may have a Prophets reward, without being your selves Prophets. Matthew 10.41. At least therefore, shew that you love your selves, and that you love your money better than to lose it, by casting it away upon the flesh, and leaving it in the world behind you. If you can stay here alwayes with it, then keep it: I speak to none but those that must die, and me_thinks such should be glad to learn the art of sending their wealth to meet them in another world. If you understand not that giving is receiving, and the giver is more beholden, than the beggar, and that it is for your selves that God com_mandeth you to give, and that the more you thus lose, the more you save and gain, you are then unacquainted with the reasons of Christianity, and the life of faith. I hope your are sensible of Englands priviledges, above the dark Mahometans or Indi_ans, in the freedome of Ordinances, and plenty of receiving opportunities. And know you not that an opportunity of giving may be as great a mercy to you, as of hearing or praying, and should be as forwardly and thankfully accepted. He was never acquainted with the Christian life of doing good, that findes it not the most sweet and pleasant life. Though we must snatch no unsound consolation from our works, but detest the thoughts of making God beholden to us; yet we must walk in them as his way. Ephes. 2.10, in which we are likeliest to meet him: he is likest to God, that doth most good, and that would do most. That is such an improvement of time and stock, that you may omit a prayer, a Sermon, or a Sacrament for it, rather than omit it: you may violate the rest of a Sabbath to shew mercy, Mat. 12.4.5. Your Lord and Master with a special remark, hath set you all this lesson for to study. Mat. 9.13. [But go ye and learn, what that meaneth, I will have mercy and not sacri_fice] And yet such is here the happy combination, that it is mercy and sacrifice, because it is mercy for sacrifice, that you are called to. And doubt not but with such sacrifice God is well pleased, Heb. 13.16. Forget not therefore to communicate and do good. It is more blessed to give, than to receive, Acts 20.35. For the nature of the work before you, consider, First, Is it not pity that so good a breed of wits as England is renowned for, should be starved for want of culture and encouragement. Se_condly, Is it not pity that so many thousands of soules should starve in ignorance, or be poysoned by seducements, for want of cost to procure a remedy. And what abundance that may be saved by the Ministry of such as you maintain, may blesse God for you as the helpers of their salvation. 3. The necessi_ties of the Church have of late called Students so young into the Ministry, that eminent Proficients in Languages, Sciences, An_tiquities, &c, grow thin, and are in danger of being worn out, if there be not some extraordinary helps for chosen wits addicted to these studies. And what a dishonour, what a losse that would be to us, the Papists would quickly understand. 4. The bar_barous face of the Greek and other Eastern Churches tells us, what need there is of learned instruments, for the maintenance and propagation of the Truth. Fifthly, What abundance of Colledges and Monasteries can the Romanists maintain, to fill the World with Missionaries of all sorts, which is the very strength of their Kingdome. And is it not pity that a better work should be starved through our want of pious charity: and that Papists should dare us, and we be unfurnished with Cham_pions to resist them, when we are furnished with so much evi_dence of truth, which yet may easily be lost by ill managing! Sixthly, If you are the servants of Christ, above all you must now look about you for his Church and Ministry. For the Di_vel hath given you so strong an Allarme, that he that now sits still, and runs not to his Armes, to help the Church, is a Tray_tor, and no true Souldier of Christ. Papists are up, and Atheists and Infidels and Jewes are up, and abundance of secret Apostates are up openly reproaching the Ministry, that privately deride Christ and Scripture, and the life to come, (I know what I say to be too true) Quakers are up, and all the prophane as farre as they dare: And shall not we be up to further that Gospel and Ministry and Church of Christ, which so many bands of the Prince of darknesse, are armed to assault. Let us discourage the Devil; by making an advantage of his assaults. Let him see that we never do so much for Christ and the Church, as when he as_saulteth them with the fiercest or cunningest malignity. He that hath not so publick a spirit, as to value the well-fare of the Church and the soules of men, before the fulnesse of his own e_state, may go away sorrowful from Christ (as Luke 18.23,24.) but a true Disciple he cannot be. It would make a mans heart ake to think of the dark state of the world, for want of Preachers. Were it but the state of Ireland and Wales, it should move us to compassion. And now I offer it to your sober thoughts, as to men that are going to be accountable for their Talents, whether you have a better way to dispose of your money, and a way that will be more comfortable to you at death and judgment. I would not have you unmerciful to your children: but if you think you may not lawfully alienate any of your estates from them, you are farre from the minde of the primitive Christians, that sold all and laid it at the Apostles feet. If you ask, why we leave you not to your selves to be charitable where you see cause, I answer, First, there is so much difficulty in every good work, even in giving so as to make the best of it, that you should be thankful to those that will help to facilitate it. Secondly, Great works must have many hands. Thirdly, Conjunction engageth and encourageth, and drawes on those in the company, that else would lagge behind. What need we else associate for our Mini_sterial works of instruction, Discipline, &c and leave not every Minister to himself: In company we go more chearfully, easily, regularly and prevalently. And should you not associate also in your duties.

Well Gentlemen, seeing it is undoubted that the work before you, is of great importance to the honour of Christ, to the well_fare of the Church, to the Protestant Religion, to the soules of thousands, and to your own everlasting benefit, take heed how you refuse to do your best, lest God distrain on you before you are aware and then hold it or your soules if you can. And say not but you were warned by a friend that would have had you have saved your money and your soules, by making the best of your Masters stock. And if what I have said do not perswade you, I intreat you to read a Preface to a Book that I have writ_ten to this purpose, called, The crucifying of the world, &c. Read Gal. 6.6,7,8,9,10. Accept this invitation to so good a work, from

A servant of Christ for his Church. Richard Baxter. February 26, 1657/8. &horbar A word to the Rich, that desire to give up their account with comfort.

SUffer I beseech you one word of exhortation, and with at_tention read a few lines which may be of everlasting con_cernment to you. I will suppose I speak not to Atheists, but to such as are possest with a belief of an eternal estate of infinite happinesse or misery: not to fooles, but to wise men who would not wilfully neglect any thing, which is necessary to secure them from the wrath to come. It is also notoriously known, that the wilful continuance in the neglect of any one evident duty, or the commission of any manifest sin is sufficient to en_title a man to damnation, notwithstanding any professions of Religion or practises whatsoever: You cannot but know that many perish eternally, not for any grosse wickednesse visible to the world, but for slie and secret and unobserved omission sins, and that these are the onely sins which our Saviour formes a pro_cesse against in that famous repr�sentation of the last judgment. Mat. 25. And amongst those duties which men are most prone to neglect, are those which are difficult and costly and trouble_some, which made Christ pronounce it so hard for a rich man to enter into the Kingdome of heaven: And therefore you that are rich had need double your diligence to make your calling and election sure. And truly it is an unspeakable happinesse (if the Lord give you hearts to consider it) that your riches wisely managed, may afford you a special and eminent evidence and assurance of Gods love, and your own future happinesse; forasmuch as if you freely lay out those riches that God hath gra_ciously given you, for his glory and the Churches good, it may be a notable and sound discovery of a lively faith, (which can part with present comforts in hopes of those future and unseen consolations) a fervent love to God and the brethren, a reso_lution to part with all for Christ, and a serious and true desire of salvation: As on the other side it is a token of perdition, when a mans heart is glued to his riches, and the present evil world, when a man is so destitute of charity, that rather than part with his riches, he will suffer, bodies and soules to perish; and the glory of God to be turned into shame: I beseech you therefore by the bowels of God have compassion upon your immortal soules, make you friends of the Mammon of unrighteousnesse, throw not your selves over-board to preserve your riches, from which you can expect no other requital, but this, that the rust of them shall rise up in judgment against you at the last day: and this duty I may the more boldly exhort you to, because, if you make use of your reason, you will finde the performance of it is no way disadvantageous to you: for, as you will gain this excel_lent advantage, besides eternal salvation, that, that portion of your estates which you lay out for God, will be a means to sweet_en and secure all the rest to you and your posterity, so, by the doing of it you will lose nothing of substance, seeing that is most true and evident by daily experience which our Saviour saith; That the comfort of a mans life consisteth not in the abundance of what he possesseth. For what are riches, but for use, with_out which a mans chest hath as much good by his riches as he; and how can a man use them, but for his pleasure or credit, or posterity, or the like? and who knowes not that many discreet men of competent estates between want and affluence enjoy more real pleasure in their estates, than they that have ten times a larger portion? and if a man look to his credit, let any impar_tial man judge, whether it more advanceth a mans reputation, sordidly to hoard up his riches to the dishonour of Religion, his own shame and contempt (whereby he lives lamented, and dies desired) or generously to lay them out in such wayes as not only procure him favour with God, but respect from men here, and at last a Crown of glory that fades not away? and if a man aims at posterity, methinks this City hath afforded sufficient experi_ments to convince any ingenuous man, that the leaving of vast estates to children, doth commonly betray them not onely to the greatest wickednesses, but also to manifold miseries, which they that carry their sales lower, and whose estates are nearer the golden Mediocrity are preserved from: I may adde to all this that diverse of you in this City may say with Jacob, with my staffe I came over Jordan, and now God hath made me two hands. That God that hath brought down others, hath exalted you, that God that hath impoverished others, hath enriched you, and therefore, if others owe their thousands to God, surely you owe your ten thousands. Remember I beseech you, that hand that gave you your estates, can recall them when he pleaseth, and if you deny him the interest, he can revoke the principal. Re_member you will not alwayes have such opportunities: Ere long you and the poorest wretch must be upon the same termes, now you have an advantage over them, and a means to do God more special service: I shall trouble you no further, but only this, lay out your estates, but do it freely, not grudgingly, do it liberally, not sparingly: I shall not here determine that Que_stion, whether God expects a tenth part of your estates to be im_ployed in his service and for publick good. But thus much I may safely say, that where God sowes liberally, he expects to reap liberally. And as Gods Ministration to us under the Gos_pel doth exceed the legal Ministration, so I know no reason why our Ministration to God from our superfluities should not ex_ceed theirs under the Law: And however men can easily deceive themselves here in things which concern their profit, yet I doubt not when men shall at last come to make a review of all their actions, their consciences will justly condemne them, not only for the total neglect of such duties, but also for the not doing of them in a fit and full proportion: For this particular occasion, I shall say nothing more than what is said in the Preface, and in these other annexed Papers: Consider what hath been said, and remember it comes from one whose design is not his own profit, (nor to lay a yoke upon you which he will not take up_on his own shoulders) but meerly that God may be glorified, and that, at that last day, fruit may abound to your account.

Matthew Poole. &horbar

FINIS. &horbar |CMS |Y1666 THE Miraculous Conformist: OR An account of severall Marvai_lous Cures performed by the stroaking of the Hands of M&r.sup; Valentine Greatarick; WITH A Physicall Discourse thereupon, In a Letter to the Honourable Robert Boyle Esq; With a Letter Relating some other of His Miraculous Cures, attested by E. Foxcroft M. A. and Fellow of Kings. Colledge in Cambr: &horbar BY Henry Stubbe, Physician at Strat_ford upon Avon in the County of Warwick. &horbar Non ideo negari debet quod est apertum; quia com_prehendi non potest quod est occultum. &horbar OXFORD, Printed by H. Hall Printer to the University, for Ric: Davis, 1666.

To his very worthy and Learned Friend D&rsup; THOMAS WILLIS, Doctor in Physique, and Professor of Natural Phylosophy in Oxford. Sir,

I Doubt not but the fame of the per_formances of M&rsub; Greaterick may have raised in you a Curiosity to be better informed about the rea_lity thereof. I have given M&rsup; Boyle an hasty ac_count thereof in a Letter, which I send now to you, that you may not be ignorant of it. It may seem improper to Dedicate that to one which is sent to another: but whether it be that I am too busy, or too lazy to write more: or that I mannage my friendships with lesse of ceremony and formality then usuall; I have resolved upon this course: and I am confident that if I am in an errour you have goodness enough to passe it by: The suppositions I go upon depend so much upon the Doctrine of Fermentation, that I could not but think of you when I writ it: and who is a more competent judg of the Subject here debated, then the best of Philosophers, and Physicians? It may seeme equitable that I tell you why I call the Gentleman the Miraculous Conformist: many strange re_ports have and do runne of him; but he is reclai_med from all that is fanatique; and this gift of Healing was bestowed on him, since the Restau_ration of his Sacred Majesty, and the restitution of the Doctrine and Discipline of the English Church: God dealing with him, as the Shep_heard in the Parable, who expressed more kindnesse to the lost sheep, being found; then to the ninety-nine that had not strayed. I have admired much in him, that Diseases carrying so great a resemblance in their Nature, as to be thought the same, and to reside in the same part, are stroaked out divers wayes! That he should be able to tell, that upon his first stroaking the Patient should be worse, and cured by a second: as he did in the Lameness of M&rsub; Thomas Porter, my very worthy and good Friend: He told him, he could not set his Legge anew; but that he would Cure his paine therein; yet at first it would seem worse then before his touch: which proved true; and yesterday I was with him in Worcester_shire, and found him able to walk three miles without pain. You see how here his touch strength_ned a part, that was incurably weakned by being broken, and ill set: so that the painfulnesse see_med inseparable from the misfortune occasioning it. I submit all my explication of the accident to you: if you read it over twice, you do more then ever I had the patience to do: I know many imperfections will occurre in it, some whereof were voluntary, knowing that the Learning of the Person I writ to, needed not to be trouble with petty Illustrations: Some defects have happened through haste and inadvertency; it being all written with one impetus of thoughts and penne, just as I came from Ragly. It is nothing to say, some have allready approved the Discourse, if M&rsup; Boyle, and you dissent. I have onely time to tell you, that, without the noyse of much talk, and frequent addresses and applications, I shall never cease to admire you, and to be

Stratford upon Avon Febr: 17. 1665.

Sir, Your very humble Servant Henry Stubbe.

SIR,

SInce the best and most agreeable retribution I can make you for the honour you do me in your remembrances, and all your other signall favours, is but to gratify your curio_sity with any remarkable intelligence that may ad_vance either Physick, or Phylosophy; I shall endea_vour to be as generous in my acknowledgments to you, as you have alwayes been in obliging me. Since my last unto you, my Lord Conway did me the ho_nour particularly to invite me to his House and ac_quaintance, giveing me withall a fair opportunity of conversing with M&rsup; Greatericks, and beholding seve_rall of those performances, the report whereof as it gives just causes of astonishment to you that are more remote, so the effects fill with admiration, the most learned or suspicious beholders. In truth they are such, that he is not at all obliged to the ignorant for the esteem he hath acquired, nor is it possible for the most tender or superstitious and censorious Zealots to destroy his repute. He is a man of a grace_full personage and presence, and if my phantasy betrayed not my judgment, I observed in his Eyes and meene a vivacitie and spritelinesse that is nothing common. As farre as I could informe my selfe by a long and private discourse, he is a man of a very good life, of tender and charitable Principles, as extensive as the effects of his goodnesse are. He professeth Con_formity unto the Doctrine and Discipline of the Church of England, yet without that censoriousnesse whereby some signalise themselves; his thoughts con_cerning himself are modest and humble, and he presumes so well of others, that even in some colourable circum_stances, he regulates his apprehensions by the revea_led mercies of God, and not the severity of men. In fine, without prejudice to this Age be it said, he seemed to me by his faith, and by his charitablenesse, to include in his soule some graines of the Golden Age, and to be a relique of those times when Piety, and Miracles were sincere. I am more full in this Character of him, be_cause some will be very inquisitive herein: though otherwise the gift of healing be a gratia grat�s data, not gratum faciens; and such as may be conferred, on Judas, (going to Samaria) and others, who at the day of judgment shall say, Lord, have we not Prophe_syed in thy Name? and in thy Name have cast out Di_vels: and in thy Name done many wonderfull works. I enquired of him, how he came by this miraculous gift of healing; And he replyed, that it was the grace of God in him; which he understood at first by a strong and powerfull impulse in him to essay it: and this motion was so prevalent upon him, that it incessently runne in his minde, nor could any businesse, how serious or religious soever, divert him from those cogitations: insomuch that even his life seemed burthensome to him thorough the violence of the supposed temptation. He imparted this trouble to his Wife, who condemned those reveries, and desired him to abandon them: in this perplexity, he heard frequently a voyce within him (audible to none else) encouraging to the tryals: and afterwards to correct his unbelief, the voice aforesaid added this Signe, that his right Hand should be dead, and that the stroaking of his left Arme should recover it again: the events whereof were fully verified to him three Nights together by a successive infirmity and Cure of his Arme. Hereupon he set himself to the charitable improvement of that talent which God had given him; cureing at first onely Cancers in Womens breasts, and the Kings-evil: after which, by the sug_gestion of his accustomed impulse, he attempted the Cure of other Diseases, according as he found himself prompted thereunto from within. He was, and is still a stranger to all Physique and Chirurgery: In the Cure of some Tumours, he useth incision, though that processe be but lately taken up, after that he observed that the power of his touch did not discusse all, but ripen some hu_mours. The fame of his performances spread all over Ireland and England, and multitudes went from Bri_stoll unto him. Hereupon the Right Honourable the Lord Conway employes Deane Rust to enquire into the truth of these Accidents, and finding matter of fact to justify the relations from excessive verity, he procures him to come out of Ireland, to trye if he might give any ease to that excellent Lady of his, the pains of whose head, as great and as unparalleld as they are, have not made her more known or admired at home and abroad, then have her other endowments. Al_though his hand proved not so fortunate to that Ho_nourable Lady, as was wished (he not being able to alleviate or remove that head-ach, which had eluded the greatest skill, and most effectual remedies, that England or France yielded) yet did, he during his stay at Ragly, atchieve those things which caused him to be followed and admired by many thousands, who if they can say he sometimes failed, yet ought not represent him as an Impostor. I do not relate unto you the reports of in_terested Monks and Fryers concerning things done in Monasteries and private Cells; An infinite number of the Nobility, Gentry, and Clergy of VVarwick-shire and Worcester-shire, persons too understanding to be de_ceived, and too Honourable and Worthy to deceive, will avow, that they have seen him publickly cure the lame, the blind, the deaf, the perhaps not unjustly supposed Damoniacks, and Lepers: besides the Asthmas, Falling_sicknesse, Convulsion-fits, Fits of the Mother, Old aches and pains. I know you expect not from me the Nar_ratives of what others have seen and told me: I shall therefore confine my Discourse to my own observa_tions. Although I had not the opportunity of seeing him till I came to my Lord Conwayes, yet I found con_veniency to visit many that had been touched by him; some I observed to have received no help by him at all; some I observed to have found a momentany be_nefit from his touch: and some as yet continue so well, that I think I may say they are Cured. This variety of successe amused me something: yet I recollected with my self, how there were some diseases, as well as De_vills, which even the Apostles could not cast out: and I could not perswade my self that Trophimus was the onely man, or Miletum the onely place, where Paul left any sick. I considered this man to be no Apostle, and therefore thought it injurious to expect that from him, who propagates no new Gospell, which was not to be found in those extraordinary Envoyes of Heaven. I saw no incongruity in admitting, that God, who distribu_teth various gifts amongst the Sonnes of Men, might issue out the same gift to severall persons in a different measure or proportion. There are differences of ad_ministrations, but the same Lord: there are diversities of operations, but it is the same God, which worketh all in all, 1 Cor: 12. v. 4,5. Besides, I thought that how powerfull soever the gift were in M&rsup; Greatarick, yet the sinnes of the patient might sometimes frustrate the effect of his hands, as well as the prayers of the most preva_lent Saints, Moses, Noah, or Daniel. I was apt to believe, that at Corinth, there wanted not the gift of healing, nor an effectuall anointing with Oyle, (James 5:14.) yet did the misdemeanors of some draw upon se_veral there irrecoverable Sicknesse and Death, 1 Cor: 11. v. 30. However, I did not understand that God parted so away with his gifts, as not to reserve a paramount command over them still; and I thought he might as well glorify himself in the continuance of some blind, as in causing some to be borne so, without regard to their particular sinne, or that of their Parents. These faylours in our Thaumaturgus, ought rather to make men look upon, and take notice of the omnipotency of God, then censure the deficiencies of a limited Creature. From these reflections I posted on, to the considera_tion of the reall and undeniable performances of his hand. I saw him put his Finger into the Eares of a man who was very thick of Hearing; and immediatly he heard me when I asked him very softly severall questions. I saw another whom he had touched three Weeks agoe for a Deafnesse in one Eare, whom I had known to be so many years: I stopped the other Eare very close, and I found him to hear very well, as we spoke in a tone no way raysed beyond our ordinary conversation. I saw him launce a Wenne that covered the Eye of an old man; there issued out abundance of matter in smell, and consistence, and colour, resembling a rotten-Egge; after which he crushed out the lesse di_gested matter, which resembled the Braines of any Creature: which being done, he stroked the place gently, and the flux of blood, and pain (which was great by reason of his crushing it hard) presently cea_sed.) I saw yesterday another Woman, in whose Throat, just by the Wind pipe he launced a Wenne, and haveing crushed out the digested and indigested matter, and stopped the paine and effusion of blood by some strokes of his hand, he bad her put nothing to it but a linnen Cloth: when I saw it, the Wenne was perfectly gone, and the baggs or skinne encom_passing it so shrunk up by nature, that there remai_ned nothing but the skarre after incision. I asked him concerning Wennes, whither upon his crushing and launcing them so, they would not fill again: he answe_red me, No: but that Nature, as she doth in other Tumours, would so shrink and contract the skinne encom_passing the VVenne, that there should remaine no signe of it, no not a wrinkle, which I was apt to believe, from what I had seen. I saw a Child brought to him, whom he had stroked before, and it was much amended; but one Tumour upon the right Arme (near the Elbow) was extreamly painfull and inflamed: he Stroked it, and launced it, and crushed out all the matter, even the indigested cores; and Stroking it, the paine and infla_mation ceased immediatly, not one drop of blood issu_ing out after that. I saw another Legge, that upon his Stroking, had very much abated the swelling: the whole Foot to the Ankle was swell'd and inflamed, many holes there were in it, but there issued little or nothing from them: he took it and crushed it extream_ly bringing out much blood, and indigested matter in cores as big as nutmegs: and then stroaking it, all the paine and flux of blood ceased: but the weaknesse being habituall to the part, was not removed at that instant. I saw a Woman taken with a violent fit of the Falling_sicknesse; he came to her, and causing her breast to be opened, and chafed her Stomack with his Hand a while, presently her paroxysme abated; and he asked her whi_ther the paine was gone; she pointed to her Throat; and indeed she seemed as if she were in danger of being strangled there: he Stroked her Throat lightly, and asked where her paine was? she poynted to her Breast; he stroked that; and then she made signes that it was returned to her Throat: whereupon he Stroked with his hand upwards her Breast and Neck, and she began to belch winde with such a vehemency, that is scarce to be imagined: and withall streyning as it were to vomit, she brought up some crude phlegme, with an infinity of winde, and then rose up well to her thoughts. These were the principall things I saw him do, he being then upon his departure for London: but I received from himself, and others sufficient accounts, that he had Cu_red almost all manner of distempers, even Quartane_Agues, and Feavours: and whosoever shall seriously consider the things he doth performe, will not finde in reason any thing to stop his Credulity.

I might now end this Letter, and leave You, & those other worthy members of the Royal Society to determine concerning these Effects, which I apprehend miracu_lous: but since the Freedome, You allow me with you, permits me to speak any thing, I shall, without dero_gating from the power of God, and with all due Vene_ration to so extraordinary Characters of his Goodness, propose unto You some Thoughts, which occurred to me hereupon: as confused as they are, they may admi_nister to others some occasion of greater Enquiries.

I considered, that there was no manner of Fraud in the performances, that his Hands had no manner of Medicaments upon them, (for I smell'd to them, and handled them, and saw them wash'd more then once after some Cures, and before others,) nor was his Stroa_king so violent, as that much could be attributed to the Friction.

I observed, that he used no manner of Charmes, or unlawful words; sometimes he Ejaculated a short Pray_er before he cured any, and alwayes, after he had done, he bad them give God the Praise.

I did not remember, that ever the Devil did cure any Diseases; no not when his Glory was concerned in it, as in the Magicians of Pharaoh, upon whom the Boyl was, Exod. 9.11. wherein you cannot object any particular interposition of God, any more then in the other acci_dents, whereby the Magicians were suffered to try their skill against Moses. I knew, the Devil went about seeking whom he might destroy; that he plagued Job with Botches: but where are the Examples of his Cures, or when did he ever do any Good, and ascribe the glo_ry unto God?

I reflected upon the Performances of King Pyrrhus, who cured Diseases with his Finger: so did Vespasian cure two by touching them, as Tacitus and Suetonius avow: so the Kings of England, and, some years after them, the Kings of France have not been doubted ge_nerally to cure the Kings-Evill. Queen Elizabeth did, for some time, discontinue the Touching for the Kings Evil, doubting either the Success, or Lawfulnesse of that way of Curing. But She soon quitted that Fitt of Puritanisme, when the Papists defamed her, as if God had withdrawn from her the gift of Healing in that manner, because she had withdrawn her self from the Roman Church. There are some who think, that God hath bestowed upon all Kings some such Character or Gift, to shew, how particularly he is concerned for them, and differenceth them from other men; but they know it not.

From these cogitations I descended to the Alexicaci, Salutatores, or Bensedevios, of which the Roman Ca_suists and Physicians speak much: I must referre you to Delrius for your farther information; for my me_mory fayles me so, as I cannot give you an account of them so full as I would. They cure by Anointing with their Spittle, by breathing and stroking of the patient. Rodericus � Castro medic: polit: l. 4. c. 3. al_lowes of the verity of their Cures, by replying nothing to this objection in favour of them: In confirmatio_nem adducunt experientiam & varia curationum gene_ra mir� frequentia, & praxin quotidianam militum qui solo afflatu, osculo, aut nudi lintei applicatione sanant etiam atrocissima vulnera, qui omnes dono sanitatis in variis morbis se pr�ditos gloriantur.

In Turky also, and Afrique, they have persons of the like qualifications, which they boast to have received from the favour of their Prophet Mahomet. But un_doubtedly God hath permitted all Religions (though not the Protestants, till now) to have their reall Mira_cles, that men may learne to trye Miracles by the Truth, and not the Truth by Miracles.

I considered likewise the Nephritick and Eagle_stones, and several other Amulets and Periapta, whose operation is certain and undeniable: yet could not all these Considerations instruct me further in the Expla_nation of these Miraculous Accidents, then to conclude,

That God had bestowed upon Mr. Greatarick a pe_culiar Temperament, or composed his Body of some particular Ferments, the Effluvia whereof, being intro_duced sometimes by a light, sometimes by a violent Friction, should restore the Temperament of the Debi_litated parts, re-invigorate the Bloud, and dissipate all heterogeneous Ferments out of the Bodies of the Diseased, by the Eyes, Nose, Mouth, Hand, and Feet.

I place the gift of healing in the temperament or composure of his body; because I see it necessary that he Touch them, or otherwise rubbe their Eyes with his Spittle. Besides, the right Honourable the Lord Conway observed one Morning as he came into his Lordships Chamber, a smell strangely pleasant, as if it had been of sundry Flowers: and demanding of his man what sweet water he had brought into the Roome, he answered, None: whereupon his Lordship smelled on the hand of M&rsup; Greatarick, and found the fragrancy to issue thence; and examining his Bosome, he found the like scent there also. But this is observable, but at some times, for I could observe no such scent in his Hands. Deane Rust observed his Urine to smell like Violets, though he had eat nothing that might give it that scent. S&rsup; Amos Meredith who had been his Bedfellow, said, that in the Night he had observed the like agreeablenesse of smell in M&rsup; Greataricks Body, at some houres.

I place it in the temperament of his Body, because I have the precedent of Ancient Miracles, and Mo_derne ones, wrought by the efficacy of a Corporal Touch. Besides it is evident how several Diseases are contracted that way: and why may not some be_nigne and wholesome effluvia be communicated in the same manner? As there are some, who are said to fas_cinate by their Aspect, so Rodericus � Castro Med: polit:1. 4. c. I. saith, � converso quosdam esse quorum Oculi cre_duntur habere vim beneficam ad res inspectas: vulgo Benzedeiros. I remember the Presbyterian Assembly of Divines say that nothing more kindly restores de_cayed Nature, then the Embraces of an Abishag, of a young, spritely and Beautifull Damsell, as you may see in their large Notes upon the first Chapter of the first Book of Kings.

To explaine the nature and manner of M&rsup; Greata_ricks working upon the patients for their Cure, I shall premise some things.

First, That all the Diseases and distempers M&rsup; Gre_atarick meddles with, have their essence either in the masse of Blood and Spirits (or nervous Liquour) or in the particular Temperament of the parts of the Body.

Secondly, That of the Diseases and Infirmities which he meddles with, he Cures none wherein there is a de_cay in Nature, but onely such as wherein she seems only oppressed by some Heterogeneous Ferment, either ex_citing an Ebullition and paine, or Coagulating and fix_ing the blood and spirits. This is a confessed truth by him, he refusing still to touch the Eyes of such as their sight is quite perished: so for Eares that are Deaf upon any such accident that hath extinguished the Naturall faculty of the part. And there being the same rea_son for inward distempers as to their causes, his fayling as to many, and the relapse of many after a momentany amendment is to be ascribed to this cause: as I shall shew further by and by.

Thirdly, It seems to me very imaginable that there may be given by God such a Natural Crasis and Efflu_via consequentiall thereunto, that the stroaking with his Hand for some space so as to communicate the Virtue Vertue may restore the Blood and Spirits to that vi_gour and strength which is naturall to them, and resus_citate the contracted imbecillity of any part. That which makes me to conceive this, is, that I observe that there are things outwardly applyed which by their op_position to particular Ferments do destroy severall Distempers, not onely inwardly taken, but outwardly applyed: as the Cramp rings and small Manati-stone the Crampe: the Nephritic-stone drives out gravel, and the Stone: Peony-roots gathered in due time, the Epilepsy: There are severall things which outward_ly applyed revive oppressed Nature, not onely as O_dours, but by friction, and outward application: this needs no Illustration. Having these grounds to con_firme me in the manner Medicaments may operate, methinks I can as easily comprehend that there may be a Medicament (and whether that be a Man, or a Stone, or a Plant, it is all one) which may invigorate the blood and spirits so as to continue that work of Circulating, Depurating, and Sanguifying, as before the oppression they did: provided there be no essen_tiall distemper contracted, but that Nature be op_pressed onely, not destroyed wholly, or in part: for so farre as Nature is mutilated and destroyed, the repara_tion of that essentiall damage is possible onely to God, or such as he hath obliged in a more eminent man_ner then M&rsup; Greatarick pretends unto. This last ima_gination of mine cannot seem more irrationall to any man, then the Learned'st men of the last Age both Di_vines and Casuists, thought all sorts of Amulets: and I am sure I can bring for Mr Greataricks more Experiments then all this Age can shew to justify the recei_ved Amulets, and Cataplasmes: for if I argue from visible effects, no Amulet or Periapt ever produced more evident Testimonies of its force, then M&rsup; Grea_taricks hath rendered of his Efficacy. And if they go to explicate the wayes and means whereby those Amu_lets work; the notion I have concerning M&rsup; Greataricks is the most facile, for I imagine no more to be in him, then a particular Temperament, or implanted Ferment, which upon his touching and stroking shall so farre in_vigorate the blood, spirits, and innate temperament of the part (Nature being onely oppressed) that they per_forme their usuall duties: This being done, it is Nature Cures the Diseases and distempers and infirmities, it is Nature makes them fly up and down the Body so as they do: they avoyd not his Hand, but his Touch and stroke so Invigorateth the parts that they reject the Heterogeneous Ferment, 'till it be outed the Body at some of those parts he is thought to stroke it out at.

Considering that our life is but a Fermentation of the Blood, nervous Liquor, and innate constitution of the parts of our Body, I conceive I have represented those hints and proofs which may render it imaginable that M&rsup; Greataricks by his stroking may introduce an oppressed Fermentation into the Blood and Nerves, and resuscitate the oppressed Nature of the parts. I now proceed to shew that those effects which are so ad_mired, upon the stroaking of M&rsup; Greataricks Hand, viz: that the paines flye before his Hand, untill he drive them out at the Fingers, Mouth, Eyes, Toes, &c. are the effects of Nature invigorated, and not immediatly of his Touching.

I saw him Stroke a man for a great and setled paine in his left Shoulder, which rendered his Arme uselesse: upon his stroking it the paine removed instantly into the end of the musculus Deltodes: being Stroked there, it returned to the Shoulder again: thence (upon a second Stroking) it flew to the Elbow, thence to his Wrist, thence to his Shoulder again; and thence to his Fingers; whence it went out upon his last stroking, so as that he moved his Arme vigorously every way. I asked M&rsup; Greaterick about the Courses, pains, and di_seases took, to go out of the Body: he told me, he could not tell what course any pain or Disease would take to go out: that the wayes of God were unsearch_able: that, it was not in his power to force them any way, but that he followed them onely, and if the party could not tell where the paine was (for such are onely stroked out) he could not cure them, nor were they cured, but eased if it came not out. Of this I saw an instance in a Woman, whom the Falling sicknesse by its long continuance (joyn'd with Melancholly) had in_fatuated so as that being out of all Fits, she could not tell what ayled her: she falling into her Fit there, he opened her Breast and with a few strokes reduced her to her self, but she not being able to tell what was be_come of the paine she had felt, he could proceed no fur_ther then to remove that Paroxysme.

How Nature may cause those irregular motions of pains backward and forward shall be my next enqui_ry. Where bold and commanding Medicines are not made use of, it is Nature, not Physique that cures Di_sease: we are but Servants to Nature, to remove impediments, or strengthen her that she may effect the work: upon this account it was that the Ancient Phy_sicians were so cautious to distinguish the times of Di_seases, and to instruct Practitioners what they were to do at the severall times, when to moderate the dan_gerous symptomes, when to Purge by Stoole or Urine: they were to attend unto Concoction, and not to med_dle much before, except in case of Turgency. When they proceeded thus warily, there were severall Transla_tions or removals of Diseases and paines (metarrhyseis kai metastasteis kai metabolai nousōn) which are now scarce observable by reason of the Minoratives, the Purges, the Vo_mits, and other Physique which is given, not because it is best, but because in fashion. In those times when Nature was so left to her self, I observe severall Trans_lations or removeals of Diseases which came into my mind when I saw the effects of M&rsup; Greataricks Stro_king. Hippocrates in his Epidem: l. 6.part. 3. � 34: tells us that the Gout ceaseth if a man fall into the Co_lique, and that fit of the Colique abates as his Gout encreaseth. Thus Nature removeth the paine. So in his Aphorismes he tells us that long Feavers Ter_minate in swellings and pains of the Joynts. And elsewhere, That a Dysentery suppressed creates an Apo_stemation in the Side, Bowels, or Joynts. That swellings of the Spleen and Bowels, or inflamations thereof, fre_quently terminate in Joynt-aches. So Quartane-agues often Terminate in the Gout. It were infinite to relate out of Hippocrates the Translations and removals of paine which he relates, viz. of Coughs, and Asthmas, falling into the Joynts, and Testicles: of Ulcers and outward distempers which have removed into the Head and Bowels. All the Prognosticks illustrate this: nor can any man be ignorant of the translations of Humours and paines from noble to ig_noble parts, and from ignoble to noble ones, nor of the alteration of distem_pers upon such translation of the Morbifique Matter, as of Asthmas and Coughs turning to the Gout, or Tumour of the Testicles: of Agues turning into pains in the Joynts; of Feavours ending in a Parotis, or other abscessus. Not to mention the vagrant nature of Humours in the beginning of Diseases, when they are Turgent, and continually vary their station.

These Considerations made me think that God had been pleased to bestow upon M&rsup; Greataricks such a Complexion and Temperament, that his Touch or Stroking should instantly maturate Diseases, or render them Turgent, whereupon the part touched being strengthned, and the blood and spirits Invigorated, the Heterogeneous Ferment or paine (which if not oc_casioned by some evident and externall cause, is caus'd by an Heterogeneous Ferment) is expelled from the corroborated place to some other more weake: that being corroborated, it is driven upon another, and so on, till it be quite ejected. If the Disease be such as lies in nothing but a Dyscrasy of the part, it is cured without any such removeall of paine: and so for such Coagulations of the Nervous liquor (as in Palsyes, &c.) there is no such removeall of paine and pursuing it: either because they are not Dolorifique, or that they Transpire in the part.

There remaine yet two things to be debated, viz: 1. How comes it to passe that these Heterogene_ous Ferments removing thus by the force of Resus_citated Nature, do not terminate in Apostemes, or issue out in some grosse Body; but go out in a vapour and invisibly? 2. How comes all this to happen in so short a time?

To the first I answer; That it is not unusuall for Na_ture to discharge her self of Heterogeneous Ferments by insensible Transpiration, as well as Apostemes, Sweat, Diarrh�a, and Urine: so the Mesels are cured: so many Crude and hard Tumours: and in this Plague few swellings broke, yet were they cured. Nor is it to be said, that the matter occasioning those Tumours was discussed so as to be reimbibed in the blood againe: for in the Plague the recurses of the Pestilentiall Ferment are Mortall: and such as took Powders and Antidotes gently promoting a Diaphoresis, (not sweat) escaped: they who did not, dyed with those Bubones. It is an effect of prejudice occasioned by the contemplati_on of the usuall effects of Nature, and not of Rea_son, to imagine that the Morbifique cause consists in a grosse Body, because it is often evacuated so: It is usuall for those subtile Ferments so to commix them_selves, and to occasion that transposition of Parts and Texture, that Nature cannot eject the one without the expense of the other. Thus we see that Beer or Ale in its Fermentation or Working casts out aboundance of Barme, yet is not that Body the Ferment, but it is impli_cated and incorporated therewith, for with it there issues out aboundance of Beare, so that the Brewers either pover the same, or new in again to fill up the Bar_rel. If the same Ferment be precipitated by Vineger, or Allome, there is not the like diminution. So Kergerus saith, that in Germany they put common Salt, or cold Water into their Bear, and precipitating the Ferment make it potable presently. Kerger. de ferment. sect. 2. c. 8. p. 139. Many such instances are to be found in D&rsup; VVillis and Kerger; which sufficiently evince that the Ferment is distinct from the grosse Body it comes out in. So in Diseases, however some have vainly imagined to themselves a maturation of them, and that the Morbifique matter being concocted issued out in that white Hypostasis at the end of Di_seases; yet is it no such thing, nor is there any such con_coction in Nature as they phansy: but the Morbifique matter or Ferment, being intimately commixed with some good and profitable parts of the Blood and Hu_mours, is ejected together with them, according to the nature of the Eumuctory, by which the Crisis or Me_tastasis is made, or the nature of the Bodies constituting that humour. Nature dealing therein just as she does in the Fermentation of Beer and Wine, in the afore_said Kerger, and D&rsup; VVillis: whence proceed their wayes of curing Agues by Precipitation of the Morbi_fique Ferment, without any such Evacuations of grosse Bodies. This Paradox appeares further by the several Crises of Diseases, sometimes by Vomit, sometimes by Stoole, sometimes by bleeding at the Nose, and Sweat. In all which circumstances the Urine shew one sort of Concoction, whilst the Morbifique Ferment issues out severall wayes in severall Bodies. Nor is it to be doubted I think that all grosse bodyed Ferments have their Virtue and efficacy from a subtile Body which is no more in that grosse Body, then the Spirit of Sugar is in Sugar: of which See Angelus Sala's Saccharologia: many other instances might be given, as that, if the grand Ferment were a grosse Body, how comes it to evaporate (as I have seen in the Distillati_on of Sugar, Sugar-cance-juyce, and other Liquors Fermented for Spirits) without any diminution of the Liquors? From all which it appears that one may conceive how upon the efficacious Touch of M&rsup; Grea_taricks, he resuscitating the Blood and innate Tempera_ment, the Morbifique Ferment may be ejected; and the remaining grosse Body, by a Transposition of its Texture and a new impregnation of Vitality be reim_bibed into the Blood, and become nutritious. Thus he cures Asthmas, all the obstructions from impacted phlegme in the Lungs being discharged, and the phlegme Naturalised. But if the grosse body of the Morbifique matter be Incorrigible and Preternaturall, then the efficacy of his Touch doth not discusse them, but the strengthning the part and Nature, the whole collection is separated and ripened, as I observed: which appears in Wenns, and scrophulous Tumours, some whereof he maturates, and others are discussed.

To the second Question, how all this happens in so short a time? I answer, that it is the efficacy of the Ferment implanted in M&rsup; Greataricks Body. We are not to deny powerfull causes proportionate effects. We are all Indians and Salvages in what we have not accustomed our senses: what was Conjuring in the last Age, is Mathematiques in this. And if we do but consider the sole effects of Gun-powder, as it is seve_rally to be used, and revolve with our selves what we would have thought if we had been told those Prodi_gies, and not seen of them; will we think it strange if men think the actions of extraordinary Ferments im_possible? Here I might instance in the effects of Poy_sons, from Macastar, and Brasil: but the acts of sensa_tion, of paine, sufficiently shew the effects of suddain causes: that Lipothymies and shivering should hap_pen upon a fright, a touch of cold Water, or a pinch: that Tumours should in an instant imbody to a great bulke: that in such as are Planet-struck (or said to be so) all or any of their Limbs should be taken away: these are such events (that if we could not alleadge A_mulets and outward applications to produce a suddain alteration for the better) would make it seem credible that there may be as powerfull means for mans Recove_ry, as his Sicknesse. I forbear to mention the suddain effects of Sleep and Waking, Freezing and Thawing: or of Heat and Cold; all which would illustrate the sud_daine and powerfull motions of Nature.

SIR,

I shall now draw to a Conclusion, having given you by these impertinencies a greater trouble, then my self in Writing them: I knew not how to entertain my self better, nor you worse: But I am sure that the suppositions I have made agree exactly with the Ph�_nomena of M&rsup; Greataricks Cures. And from hence it is easy to judge why some are not Cured; others finde but a momentany alleviation, and some are perfectly recovered. All which are undeniably true: let any man salve these accidents more agreeably then I have done, &horfill; Et Phyllida solus habeto.

It is worth consideration, Whether such as come unto him ought not first to advise with a discreet Physician, what their Distempers are, and where Originally seated; the better to direct him in his Stroking. For it is not unusual for the Disease to be seated in one place, and to discover it self in another by the Symptomes, in re_gard to which they have recourse to him only: for in such cases, if they have no better successe then such have who meet with ignorant Physicians, that go about to cure Symptomes without regard to the prin_cipall cause, it is no marvaile if they are not Cured. Thus I have observed some, who upon a giddinesse, and qualmes of the Stomack, occasioned by Hystericall va_pours, have been stroked by him severall times (without any, or inconsiderable benefit) in the parts sensibly affected. So in the Kings-evil, I have observed some that have received onely a momentany advantage; onely because that such Diseases affect the Mesentery with glandulous Tumours, as well as the outward parts: and if the whole Morbifique Ferment be not expelled, the Disease recurres: paululum fermenti totam massam fermentat. Valles: Method. Med. l. 3. c. 3. Another thing to be considered by the Patient to be stroked, is, that there may be a compli_cation of Diseases, in which the Cure of one may be impeded by another: as in the Spleen and Scurvey, Eugalenus and others observe: so in Sore-eyes occa_sioned by the Evill; or a suffusion proceeding from an Acid or Nidorous quality in the Stomack: and many Diseases whereto Malignancy is joyned. In these cases the Heterogeneous Ferments may be united in a looser way, and upon his Touch separate, and whilst the one is driven out, the other may remaine in the Body, and by unloosing the Texture of the Body of the blood, and other Humours, give opportunity for more form� subjugat� (of the same kind with the for_mer) to discover themselves. In like manner, it is possible that where the Morbifique Ferment is not suf_ficiently united and imbodyed, so as that one part ejected by way of Similar Attraction (I confesse I must favour that Phylosophy, from the Phenomena of Phy_sique and Nature too) his Touch may disunite those incoherent Corpuscles, and the patient not regarding the smaller and scarce sensible paines (the which de_pends upon the parts and Humours the Ferment incor_porates with) may direct him to pursue the most afflict_ing paine (which may not be the greatest) whilest the other remaines in the Body, and afterwards occasions the same distemper: or perhaps another whose paines may so resemble the former, that we may take it for the same: as our senses discerne not betwixt the Salt of one Plant and another, or betwixt the cauteriseing with Iron, or Gold; but there is a difference herein, which by effects a diligent and curious observer may discover. Concerning these intimations I discoursed with M&rsup; Gre_ataricks, who seemed well satisfyed with them; and did thereunto willingly ascribe severall miscarriages and Faylours.

Another thing I proposed unto him, was, whether after that he had touched severall persons, and dimi_nished the Preternaturall Ferment, or diverted it, (and put the Humours into a Turgency) whether it might not be convenient to Vomit, Purge, and take those courses Physique directs us unto. And from this he was so little averse, that in my hearing he recommen_ded to a Gentlewoman the taking some Cochi� Pills, after he had touch'd her Eyes. I asked also if after he had dissipated and repelled a setled Humour, it might not be convenient to corroborate the Part with Topicks; which he approved of, and though but to few, I saw him give Eye-salve to some Patients. You know what pains wee Physicians take in Revulsions and De_rivations of the Humours Morbifique from severall Parts: and do not you think a great part of our work were done, could M&rsup; Greaterick's miraculous Touch remove (or put into motion) those Humours we can_not repel, or stirre? Let us, Sir, be just and inge_nious; and confesse that this Antichrist of Physicians may be of the greatest service to them in the World, if they preferre the recovery of their Patients before their Credit, or Rules of Art. Rara non sunt artis. You have observed how great things Nature does, when alleviated; and the effects of that principle of Restitution, when the prohibiting causes are remo_ved.

As to the allaying of paines after crushing of sores, or bruises: and the miraculous stanching of Blood: I think both them depend upon the restauration of the Temperament of the part and Blood: As to pains it is easy to grant this. And as to the effusion of Blood, you know there is a Balsame in it which heales it self: to illustrate which, I recommend to you a Note of Platerus in his Observations (I want my Li_brary) how an Hangman of Basil cut off mens Hands, and stopped the Bleeding of the Veines and Arteries by slitting the Arse of an Hen, and thrusting the Hand into it. If this do not convince you, the Discourses of Sympathetique Cures may do it: especially an Ob_servation of Panarolus, may convince you that such steemes (as vapours) may effect it; which is the reason why I assigne not one Ferment to him, but think there may be more: which yet may not produce their effects in every case, nor exert their influences in all cases no more then the Menstruum upon a disagreable occasion produce all its effects. This needs not to be illustrated to you.

I think I have now rendered you a tolerable account of this Miraculous man, of whom I dare make that Proclamation which a Roman Emperour did upon the occasion of the Ludi seculares, or sports celebrated once in an hundred years. Come, and behold, what no man living hath seen, or shall see again. I would not be understood to derogate from this miraculous Gift; nor yet ascribe more unto it, then I ought, lest I should hear the reprehension in Job; Will you tell a lye for God?

There are a sort of men (if they were onely Wo_men, it were tolerable!) that think it not lawfull to have recourse unto his Cures. Though I have alrea_dy too much cause not to entermeddle with Divinity, or cases of Conscience any more, yet I cannot but take notice of their Principall Objection: for to say that Miracles are ceased is a groundlesse folly, if not a disin_genuous impudence in giving the Lye to several Histo_ries of various Religions.

They say, Whatsoever is not of Faith is Sinne: that it being impossible for them to be convinced, that this man works by the immediate gift of God; they can_not repaire to him lest they be found to repaire to a delusion of the Devil. But I reply; That the prin_ciple of doing nothing that is not of Faith, is sufficient_ly invalidated by M&rsup; Hooker in his Church-Policy: and it is a Principle hath occasioned so much of Troubles in our State, that I wonder it is not layd aside. In Moral Philosophy (which is not established on demonstrations) and Physique I am sure it will put us all to confusion; for who knowes the efficacy of things Naturall? how Purges and Vomits &c. do worke? Nay, who knowes whether second causes have any effect, but that God doth operate ad pr�sentiam causarum secundarum? as the admirable Durandus held. And may not the Divel do so? How shall this be reduced to Faith? I am sure, and have seen things ascribed to the Divel, that it is now confessed have another Originall. Did all that came to Christ, believe in him? you know the story of the tenne Lepers: if to come to Christ, were not to believe in him further then that they thought he could Cure, since they saw him Cure, how is it in M&rsup; Greataricks? The thing they come for, is good; such as may be begged of God: there is nothing evi_dently unlawful practised about them: where is their Charity, that thinks no Evil? where is their Divinity, that think a good and perfect work should come else_where then from Heaven? If the case be not to be tolerated, because not ordinary: as there is but one M&rsup; Greatericks, so there is but one Sunne. To be ex_traordinary, hinders it not from being consistent with Faith; but to be unlawfull, or absolutely impossible: as to impossibilities, we know not what is impossible with God, or Nature. And for the unlawfulnesse there_of, let M&rsup; Greatarick's works bear witnesse of him. If he doth the things that never man did, except Christ and the Apostles &c. judge what we are to think.

I conclude with this Apology for my recommen_ding some Physicall directions after his Stroaking: that it takes not off from the Miracle, no more then that God gave the gift of Tongues to the Apostles, yet nee_ded they Rhetoricall instructions to imbellish their Language. S&tsup; Paul was balbus sermone: and you know that the polite style of S&tsup; Luke evinces the imperfecti_ons of the Language in the other Writers of the New_Testament; as Isaiah disgraceth Amos in the Old. All things are not given to all men in perfection: but the gifts that are given to every man, are given them to profit with. I begge your pardon for the tediousnesse as well as rudenesse of these lines; since by them I ex_presse my self to be

Stratford upon Avon Feb: 18. 1665.

Your affectionate humble-servant HEN: STUBBE: |CMS |Y1670 A BRIEF RELATION OF THE Life and Death Of the late Famous Mathematician and Astrologer, Mr. Vincent Wing. TOGETHER With his Nativity, as it was done, many years before his Death, by his own hand; And now for general satisfaction, made publick. &horbar By J. G. Philomathēmatikos. &horbar Quum Moritur vir, an revicturus est? Job. 14. ----- Et Mortuus adhuc per hanc loquitur. Heb. 11. &horbar London, Printed by T. Milbourn for John Stephens in Westminster-Hall, 1670.

ERRATA Corrigenda.

Some other slight faults are escaped, which the Author presumes the Candid Reader will of himself Correct.

To the Honourable Edward Deering, of London Esq; His Majesties Merchant, and Receiver General of his Majesties Revenues in the Counties of Kent, Essex, Surrey &c. Honoured Sir,

NOt only your acquaintance with the Sciences Mathematical, and the ma_ny profitable Labors of the Industri_ous Person, whose Life I here pub_lish, but your known affection to all the friends of URANIA, hath in_vited me to this address: As also to return my humble thanks, for that you were pleased lately in a Company of Giant-like, yet ignorant oppo_sers, as well Nobly to favour the Truths of A_strology, as courteously to own me and my meaner Arguments in its behalf. In which contest, by your prevailing and sinnewey Reasons, you so far wrought upon their Passion and Prejudice (little than a Miracle;) that at length those angry Op_ponents (although some of them were men other_wise learned, and Elderly too) began ingeniously to acknowledge, that they had never heard so much discourse of Astrology in all their Lives; and therewithal frankly engaged to enquire into the grounds of that Science, before they believed any more reports against it. A good president for all that are Enemies to any truth upon the bare hear-say of others; or, because the ignorant Mul_titude (as taught by the supercilious I mean only the Angry presbytes who of all men most emulates Astrology; and yet huggs an opinion an 100 times more ri_diculous than any one prin_ciple thereof; nay, directly untrue; Viz. that of Pr�de_stination in the most terrifying sence. Man in Black) have declaimed, or rather snarled against it. Vox Populi is not alwaies Vox Dei; And Truth is too Coy to be courted by the Rabble-rout; She hath select Favourites to whom she dispenceth her Graces.

In your acceptance of this Dedication, you will help to preserve to posterity a true Son of Science; One, whose Industry was such that Ages will scarcely Equal. And yet (Sir) not so much pro_tect him, as that mean Piece, I have in, the fol_lowing History drawn of him, scarce to the Life I confess. My numbers are too immusical to sound forth his worth; And my Colours (now like his Ghost) too pale and lifeless, to express his great Deservings. Mr. Wing was his own best He_rald; And his Fame will live for ever, in his own works. What I have done, is only to pay a grateful respect to his Ashes, as he was my friend, that future times may find, he had some who were contemporary with him, that knew how to value him and his merits. If therefore (Sir) you will vouchsafe me but a corner of the Mantle of your Nobler Reputation and Favour, for my de_fence, you will thereby, at once, keep Mr. Wing warm in his Coffin, and cover the many imper_fections of him, who (thus endeavours to embalm his memory, against the Flesh-flies of Envy and Detraction; and) esteems it one of his greatest Felicities, that he hath an opportunity to entitle himself,

Honoured Sir Your real Servant and Honourer, J. Gadbury. From my study in Brick_Court by the Deans_Yard Westminster.

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

MR. Vincent Wing was born at North Luffenham in the Coun_ty of Rutland, in the Year of our Lord 1619. on the Ninth Day of April, at Five Hours Forty-Eight Minutes P.M. or Afternoon. He was a branch of an honest and virtuous stock: as proceeding from Parents rather good, than great; who, with their Ancestors have been long seated in the said Town of Luffenham, enjoying a greater blessing in their continued and setled condition, than many others in the Multi_tude of Riches:

Mr. Wing's An_cestors 1st came out of Wales, and settled at great Panton neer Grantham in Lincolnshire, and neer 100. Yeares since Planted them_selves in North Luffenham, and as I have it as_certain'd me from an ho_norable hand, there have bin of them in that place three Generations successively, with himself.

It frequently happens that far greater Fa_milies oftner change their Seats; & som_times, (in much shorter space) do also lose their Names.

A fixed Habitation, being even the mightiest Mercy that Fortune can bestow upon Mortality; and so characterized by GOD Himself to Moses in the Mount. Whereas a wandring or erratique condition, or course of life, either in Persons or Families, is, not only a reproach, but a Curse to them that undergo it, and their future Generations. And this Cain in the beginning of time, and the Jewes since the Death of our Saviour have, by a long, and mi_serable experience, found certain and true. But Mr. Wing's Family, hath been happy above many other Families, in the inheriting so peculiar a blessing; and yet not more fortunate therein, than in the bringing forth this their ingenious and industrious Son: Who, from his own merit and endeavours, (with God's blessings thereupon) hath, not only preserved, but much augmented the Reputation of his deserving Predecessors; and so firmly planted his Name and Memory there, leaving to his Posterity, an Estate and For_tune considerable to support and maintain it, should their after endeavours be wanting there_unto; of which, I am (credibly) informed, there is at present no just cause to doubt.

Where a large Purse, or ample Fortune to a Father is wanting, the Son, though never so prompt and meritorious, must be content to miss of a liberal breeding; and thus it fared with Mr. Wing: whose Lot it was to be of capable years, and fit for Learning, even in the worst of times; Viz. at the beginning of our late unhappy Confusions: When Rebellion was opposed to Loyalty; Plun_dering and Free-Quarter to the providing for, and advancement of Posterity; The Pistol and Pole-Axe to Terence and Tully, &c. Mr. Wing wan_ted an Acade_mical Educa_tion; and the reasons there_of. And every well-meaning Person (though of a Fortune com_petent) had enough to do to shift and provide for Himself. In which unhappy, (and perhaps unheard of) Calamity, Mr. Wing's best Friends and Parents sharing, were the more disabled for pursuing his promotion and encouragement in Learning. But although it was his luckless For_tune and unhappiness, to want an Academical Education; yet such was his Natural Inclination and Propensity to an acquaintance with Letters, that by his own Industry, and study, he had in time, conquered a competent Portion of Learn_ing, Viz. A perfect acquaintance of the Latine Tongue, and a moderate understanding in the Greek, &c. Dominus As_cendentis appli_catus Domino M.C. existenti in sua exaltati_one, decernit Natum ex se ipso honores cu_mulaturum. Argol. 134 P. By which happy advantages, the greatest and most critical Authors and Masters of Astrologie, and the Mathematiques, in their own Language, were no strangers unto Him. From whence we may collect this true and mo_dest Observation. &horfill; &lphand; "That Mr. Wing was born a Scholar, although not bred, or made one; and therefore preferrible before many Thou_sands that had the gainful advantage of an University Learning, and yet were not therewith capable of matching Him in Mathemati_cal and Astrological Performances. So excel_lent is an Innate worth and glory, that all the external Paints and Florishes cannot so much as equalize, much less transcend or surpass it.

Yet let the ingenious Reader know, that I have no dis-respect for the Muses, or for such, whose happy Fate it is, to suck at the sacred Brests of Minerva; as having the Schools of Learning in Adoration, and ever bearing a high honour and value for all those that derive Science from them: And could heartily wish that our English Uni_versities were so happy, as to Nurse and Foster And I could wish also, that such whose inclinations bend to learn_ing, might be but so happy as not to miss an Academi_cal Education. only such, whose Genitures render them capable of Learning what they always prudently teach; those being the most probable of making returns of Gratitude unto them, and of sounding forth to the World their deserved Honour and Fame. How many are there that be constantly Educa_ted in Schools of Good Literature, that for want of a Genious to cope with, and conquer Science, become rather the Scorn than Honour of Learn_ing? Of every Wood a MercuryEx quolibet Ligno non fit Mercurius. cannot be made. If the Flint have no Fire in it naturally, in vain is the Steel applyed unto it, in hopes of procuring any. Schools of Learning being like unto skilful Lapidaries, who polish the Diamonds of our minds, and understandings; and set a ra_diant lustre upon them, although we bring them thither rugged and mishapen: (and thither we must bring them, or go without our errand.) And indeed, Men must have peculiar Stars for the attaining such a peculiar Favour and blessing from the Hand of God and Nature: And being so furnish'd, will in time appear, and shew them_selves, and Dart forth their Native Splendor, (like our Mr. Wing) although they should want the Embellishes and Polishes of Education. (yet I say not all out so happily!) And if this our deceased Friend were so eminently successful and deserving without them, and shined in his Generation above and beyond so many, that had the enjoyment of such adorning acquisitions; What would He have done, and how spreading would His Fame have been, if His so rare Na_tural Parts had met in Conjunction with them?

But because Mr. Wing was an Astrologer and Mathematician, and that perhaps these Papers, may be mostly inspected by such as are inclined to those curious Sciences; I shall desire, and ex_pect the Pardon of the ingenious, if I swerve a little from common Method in the Writing the Life of this my worthy Friend; and here, be_fore I proceed any further, insert his Nativity, as it was curiously done by his own hand, and by Himself friendly communicated to me seve_ral Years See my Col. Genit. p. 2. where the Scheme thereof is Printed. before He dyed: He being of so ge_nerous a Mind and Courage, and yet so humble withall, that, as he did not fear to fore-see, or fore-know any evil of Himself, so He was not e_levated or puffed up with the thoughts of any prescient advantages that were likely to issue to him: but used his Nativity, and what he under_stood thereby, (as the great Apostle used the Word,) as if he used it not. Submitting Him_self (even in the best or worst of things, by it either promised or threatned) ever to the guidance and governance of that Universal Power, that ruleth all things by the wisdome of his Providence, e_ven God blessed for ever!

Astrological diagram

Three astrological tablesHere are no less than four Planets Competitors for the honour of Almuten in this Geniture: viz. The Moon, Mercury, Jupiter, and Venus: and truly, if I understood his Mind and Actions aright, he equally shared in their peculiar quali_ties and significations. For he wanted not the publick Fame and multiplicity of business that the Moon gives; nor the Ingenuity that Mer_cury bestows; nor the Justice and Goodness that Jupiter affordeth; nor yet the harmless and pleasant conversation, (to sweeten the rest, for with_out that all business is a burthen, and all know_ledge a slavery!) that Venus patronizeth: but of this more anon.

The Sun alone is Hylech, or Propagator vit�, the Geniture being Diurnal, and he in an Aphe_tical place. Omar de Na_tivit. Lib. 2. Cap: 3. &c. Firmic. Lib. 2. Fol. 57. ad Mavort. And (being just entring Taurus) we may admit Venus the Alchocoden, or giver of Years: Or should we (in respect of the Moon's being so powerful in the Figure) admit her a sharer in the designing of Life, (which is not altogether unreasonable, but agreeable to the O_pinions of Omar and Firmicus,) then will Jupi_ter be Alchocoden; which is in effect the same; for both their mean Years are Forty-five, and more they cannot give of themselves in this Na_tivity; because one of them is oppressed by Sa_turn's Quadrate, and the other by Mars his Op_position: and although Mr. Wing lived beyond these, Four Years at the least, that is to be attri_buted to the strength of his Nativity in general, and not to his Alchocoden; which could not pre_serve him above the aforesaid number of Years for the Reasons before remembred.

Saturn is the Anareta, or the Destroyer of Life in this Geniture; as being, First, Locally placed in the Eighth House; Secondly, As afflicting the Lady of the Horoscope; Thirdly, As he is Lord of the Fourth House, which Astrologically signi_fieth the Grave; Fourthly, As he is a Planet ini_mical to Nature. And accordingly when the Sun or Hylech was directed to his Conjunction or Body, Mr. Wing dyed.

And so I come to consider of the Nativity it self, and to compare it with the Actions, Dispo_sitions and Inclinations of the deceased Person to whom it appertained.

Herein you see that Signum Justiti�, or the Cœlestial Ballance is ascending the Horoscope, and the Royal fixed Star, mikros kontaratos, or the Virgins Spike ariseth therewith: Stell� fix� ir_rationabile is atque admirabi_le is f�licitates afferunt, &c. Prol. Cent. Aphor. 29. plainly demon_strating Mr. Wing (according to the Rules of A_strology) to be born for an honourable end and purpose; and to do great and worthy things in his Generation; which he hath not failed to per_form: thereby eminently justifying the influences of those Stars, that (Sub Deo) have honoured him at his intrat into this World. Spica Virginis in Ascendente, dignitates al_tas impartitur, &c. Ptol. Parv. p. 131. The benigne Planet Venus is Governess of the Horoscope, and posited in her exaltation, in Trine of the Moon, and in a noble receptionof Luna and Jupiter: all, of most admirable import and signification, as every understanding Astrologer knows. And agreeable hereunto, Mr. Wing, as he was honou_red equally with many above his degree, so he merited such respect; being a Man Dominus de_cim� in nona, Natus erit ho_nest� vit�. Argol. p. 42. of a very just and pious frame and temper; generally even humored: at sometimes he would admit of fa_cetiousness without scandal, affability without injury; Venus honest� posita, ut in suis, dignitatibus, cum Luna, &c. Honestos mores, & laudabiles decernit. Argol. 116. p. and did a little delight in a free and harmless conversation; being neither too austere on the one hand, or too vain and fruitless on the other. But (like his Horoscope) was equally poiz'd between both, and yielded to neither ex_tream. He was scarcely known to envy any man, (and do you not see that Mars is the weakest Planet in the Scheame?) as it he had wanted Choler to awaken Revenge, or to create a pas_sion:) but, on the contrary, was kind respective and obliging to all men: even to his enemies, (as the Holy Rule enjoyns) if they were not, be_yond the line of reason, malicious and provoking. He was nothing ambitious or insulting, but ra_ther meek and humble, and always apt to depre_ciate himself. All Rutland_shire, Northam_ptonshire, and the Countreys round about, give this ge_neral good & commendable Character of him; as any that pleases, may more particularly inform them_selves from a_ny of the Gen_try of those Countreys, as my self have done before the writing hereof, because I would pub_lish nothing but truth con_cerning him. He was never distrustful or suspi_cious of others, because free from the taint of those qualities himself, and always virtuous, and true hearted. These are the natural significati_ons of such happy and Heaven-favouring Positi_ons, together with their genuine verifications. And the better to enforce and make good all this that we have said, (and more) it is obser_vable that the Noble Trine of the Moon and Venus, &c. before spoken of, is made from those two Planets greatest dignities, Viz. that of A_strologers called House and Exaltation; which gave Mr. Wing a more curious frame of Soul, and a better opportunity and means to shew the excellency, integrity, activity, and evenness there_of, than if so glorious an Aspect had proceeded from weaker parts of the Heavens: I mean, from such parts or places wherein those Planets had less delighted, or had been more meanly and poorly dignified. Thus we see by experience, that the Dignities of the Planets are no vain and idle things; and that we ought to esteem more of them, than of Chimera's, or Castles in the Aire. I could produce a great many paral_lel instances, but this is so certain and undoubted a truth, that it needs not.

From this admirable Trine, and it's happen_ing, (not only in the Dignities of the Planets Trining, but) in the Dignities of the benevo_lent Planet Jupiter; Luna in Nono, Naro religioni addicit. Argol. p. 140. (the Patron of things Di_vine, &c.) proceeded that great and unfeigned Love, Duty , and Reverence, which Mr. Wing con_stantly paid to Religion, and to the service of God: being always known for a true and zea_lous frequenter of the Church, and an adorer of the Clergie; esteeming them the most worthy of Honour and Reverence, that God himself had been pleased to commit the charge of his most honourable and valuable Jewels in the World un_to; even the Souls of Men. Quum &jupiter; & &venus; &c. sunt signif. dispositionis A_nim�, Natus e_rit simplex, a_mans nitidita_tem, & magi_steriam, atque rerum investi_gationes, &horfill; eritque bon� qualitatis ani_m� pius, sani cordis. Deum amabit, & illi serviet, cupiet etiam amore Dei, laboriosus esse, erit sensa_tus, & amans, humilis, &c. Prol. Quadrip. lib. 3. cap. 13. He was indeed so much, and so great a votary to Religion and Piety, that many of the Almanacks he annually wrote, were in a manner Sermons, or Expositions or Applications of some useful Texts of Scrip_ture; encouraging People by the Word of GOD, as well as by the Works of God, to follow that which was Religious, Laudable, Good and Profi_table. By which ingenious and pious practice of his, we are made happy in the acquaintance of this great truth, (against the perverse, wilful, obstinate, unreasonable and crooked Opinions of the Enemies to all Stary Learning.) That a Man may be a good Christian, and yet an Astrologer: and, that Divinity and Astrologie, to a sober and un_prejudiced understanding, are not incompatible: there being no such antipathy between the Word, and works of God, (or those that study the one, and the other, as Naturalists tell us, there is be_tween the Sun and Rue, or the Vine and Cole_wort,) but that they may well stand and grow together. C�li enarrant gloriam Dei. Psal. 19. vers. 1. Rue, or Herb_grace, delights not to grow in the Face of the Sun, al_though he be the Life of all living things: and this any Gardner will tell you.

He was a Person of a very ready, ripe and preg_nant wit; and had good judgment and memory thereunto annexed: [The want of the later of which was a defect, that the learned Doctor Hammond exceedingly bewailed in himself, say_ing, that it was easier for him to Pen twenty Ser_mons, than to get one by heart.] What Mr. Wing read was his own; and thence he began to be a Mathematician &saturn; in domo Mercurii, dat Scientias. Ptol. parv. p. 34. Decima septima pars &libra;. Si in horoscopo fuerit inventa -- & &moon; bene posita, ad benevolas plena lumine feratur Literatos faci_et, &c. Firmi_cus. Lib. 8. Cap. 21. in his younger years, being ca_pable of understanding all the parts of Arith_metique, of the several ways used in Surveying Land, Measuring all sorts of heights and distan_ces, &c. As also of making all kinds of Dyals, with many other neat and commendable acquire_ments, by that time he was but Eighteen Years of Age; as I have often heard Himself, as well as others report. So that in a sence, it may be said of him, as it was of the Holy St. Remigius, and the great Doctor S. Thomas Aquinas, &horfill; That from the time of his first capacity of Learning, he out stripped those that were much his Superi_ours in Age, and (I may justly add) in Educa_tion also.

And truly, he had need be naturally ingenious, that attempts such lofty, crabbed, coy, and diffi_cult studies at any time, much more in his Ju_venile Years: When the Feather of Youth is high and spreading, and principally waves us to vani_ties; seldome suffering our inclinations to reach after serious or weighty things; they being as contrary thereunto, as Blood to Melancholy, Heat to Cold, Winter to Summer, &c. But this Mr. Wing was born Astrologus nascitur, non fit. &lphand; to prove the Influences of the Stars certain and true; and by an apt demon_stration in himself to shew us, That the God of Stars is not tyed to the meaner methods and ob_servations of Men, or to his own ordinary way of working; but pursues the Rules of his own good will and pleasure, varying from his common course, how, and when, and as oft as he pleaseth. Thus he can satisfie the stomach (beyond Man's reason) without food; the Thirst without Wine; and feed our intellectuals also (if he vouchsafe it) without instruction of Books or Letters. matth. cap. 15. vers. 36,37. 1 Cor cap. 1. vers. 25,26. 'Tis his Prerogative peculiar, to make strong things of weak, and excellent things, of things contem_ptible and despised; an Age in Youth; and con_trariwise, a Childishness in elder years; and by this his foolishness, sometimes to amaze, other_times to destroy, the wisdom of Men. Thus, to declare his Omnipotence, he is pleased to raise Ventidius, (though of a very low and mean ex_traction) to the greatest honour and dignity in Rome: Dominus medii C�li in suis dignitatibus ap_plicatus domino Ascenden is O_rientalis hono_ris in regno pollicetur, & Principum fa_milia natem. Arg. p. 134. And to make Cicero (whose Parentage, or Original, if story may be credited, was scarce known) Pater Patri�, the Father of his Country. And thus by God's especial favour and benignity, is Mr. Wing raised, from an indifferent degree and quality, to be a Reputation to his Country, and a promoter of the severer Sciences. Sol in Cuspide septim� tribuit honores, & glo_riam post mor_tem. Ptol. par. p. 133. And from them, to an equal honour (for indeed He hath taken more than equal pains) with the admirable and ingenious Kepler; with the ever celebrated Alphonsus, with the renowned Ticho Brahe; with the immortal and ever glorious Julius C�sar! with all which illustrious and famous Persons, his Name and Memory will for ever shine in the treasury and bibliotheck of Fame; Canis Syrius, sicut Procyon in medio C�li , (as here) dat hono_res magnos, &c. Ptol. par. 131. for his indefa_tigable and admired Industry, Acquisitions and Performances in all Mathematical, and Astrolo_gical Learning. Gradus medii C�li exaltatio Jovis (I am sure it is neer it) Celebre no_men diffundit. Argol. p. 132.

To fit him with a Soul for these illustrious en_quiries (for such they are) he had, in his Nati_vity, a noble reception of Mars and Mercury, (and Mercury swift in motion) and this by the dignity of house, Viz. the greatest that can be: &mercury;. Motu velex facit expeditos in inventionibus & rationibus. and such that Astrologers generally account equivalent to a Sextile or Trine Aspect of them: and the Moon (which is the Conveyer of all the other Planets influxes to this our Terrene Star) is hastning to an Aspect of them both. Bene dispositi Mercurius, & Mars faciunt ingenio acutis_simo. pag. 137. Which (in an Astrological sence) forceth the imagination, fancy and ingenuity of a Person (pardon the ex_pression, for it is very true,) that is so born, be_yond the common rate of exertion, and ripens the mind (with all its faculties) in so celerous and active a manner, that it affordeth a Harvest of Wit and Judgment in such Men, before there will be an appearence of a Spring in others, that shall unfortunately want these forwarding Confi_gurations. And thus it cometh to pass, that some Persons are so prodigiously, and to a Miracle il_luminate, and afford great Crops of Art and Learning, before others of more tenebrous and Cloudy souls, can put forth either Leaf or Blos_some.

Thus it was apparent in the Nativity of that Reverend Prelate, the late Lord Primate of Ire_land, Doctor Usher, See the Histo_ry of his Life. (whom Paulus Testardus justly stiles, Seculi, & Ecclesi� decus eximum, the greatest honour of the Church and Age) who, having such a Configuration in his Geniture, was so active and forward in his studies, that (the History of his Life saith) he was created Master of Arts at Twenty Years of Age. Vide my Col_lectio Genitura_rum, p. 2. Where all their Nativi_ties are to be found. Thus also, the late Reverend Bishop of Durham, Doctor Morton (from the same Reason in his Nativity) was learned betimes in comparison of many others, as is recorded in the History of his Life. So also the late Learned Doctor Hall, Bishop of Norwich (being born when Mars and Mercury were in Trine Aspect,) was known to be Master of as large and spreading intellectual abilities, as any learned in the whole World: Witness the seve_ral incomparable Pieces he wrote, and left be_hind him in Print; especially that learned and pious Treatise, entituled his Contemplations. Thus likewise, the most learned and acute Phylosophers, Henry Cornelius Agrippa, and John Baptist See his Na_tivity, as done by himself in his Astrologia Gallica. Morine, &c. whose noble Genitures shewed the same worthy configurations: and who more nim_ble, and fortunately forward in all kind of learn_ing than they? Infinite numbers more could I in_instance in, who (as these already mentioned, with our Mr. Wing, enjoying such excellent and bene_ficial rayes of the Stars,) have been as Comets in the Ages they lived and flourished in, attract_ing the Eyes and Wonder of all Men towards them, for their great and fortunate parts and performances: but these few are sufficient.

&rphand;By this we are instructed how God Almighty in his wisdome hath suited and proportioned all inferiour actions, Persons and things, to the mo_tions and configurations of the Heavenly Bodies: and how much it makes for the honour of his Ma_jesty, that all temporary productions are ordered and disposed of, by this Cœlestial Clock-work; as it hath pleased him to appoint and ordain at the first.

From this happy reception of Mars and Mer_cury, together with the Moon's configurations with them, (of which before you have heard) It is observable, &horfill; That Mr. Wing was, not only capable of knowledge and understanding, &c. but was therein very communicative and diffusive. He hated to hide his Talent in a Napkin; or co_vetously to cloyster up that Science which He so happily (above many thousands of others) had attained unto, and was blessed with all. Math. 25. & 25. He was freely willing and ready to impart any thing (let it be never so curious and choice a secret) to any ingenious Person or Son of Urania; and hath often publickly professed, that it was his great discontent and trouble, if at any time in his wri_tings he thought he had not been plain, even to the meanest, or most ordinary, or costive under_standing.

And (to go a little further in this Argument.) these configurations did, not only give him a great love unto, and a delight in knowledge, but a strength of mind, and ability of Body for the same. Thus was he fitted for travelling thorow the most crooked and crucifying parts of Astro_nomy, &c. As those, of the restoring the (most hard to be found) places of the two most Criti_cal Planets in the Heavens, Mars and See his ex_cellent Tables (in his Astro_nomia Instaura_ta, and Har_monicon Cœle_ste,) of those Planets moti_ons: As also his Astronomia Britanica, late_ly published. Mercury.

He had (in all respects) an active Geniture: and accordingly hated slothfulness and idleness with a perfect hatred; accounting it a shame and error for any Man to foster or cherish such con_temptible issue: or to think that he was created, or brought forth into the World for so despised and inglorious an end. And was therefore so frugal of his time, (like the Thuscan Philosophers, that thought the loss of a Day irreparable;) as, not only, not to mis-employ or mispend any the smallest part or portion thereof, (after he was of capable and understanding Years,) but very prudently and advantagiously, to improve every little Minute; making his Books his recreations, and his severer and wasting studies, his Plea_sures.

If he were of any thing covetous, it was of knowledge: being indeed scarcely ever satisfied therewith; making it his business to frequent the Company And of this I have had the happiness, of being more than once or twice, a wit_ness. of the most learned and excellent Men when he came to London at any time, and so to spend his time; whereas others generally turn such journeys into pleasure and recreation: And truly so did Mr. Wing too. For such con_verse was his soul-satisfying delight; his Mind being principally placed upon such a felicity. Thus did Mr. Wing constantly (both abroad and at home) labour after the discovery of the most mysterious things in Astrologie, Geometry, Algebra, Trigonometry, and all other parts of Mathemati_cal Learning.

But Mr. Wing did not labour after this toyl_some manner, (Churl-like) only to satisfie and please himself, but to profit and advantage o_thers. And to this purpose, after his many years painful labours, and a consuming of himself in study and business; he hath published to the World these several Books following.

1. His Urania Practica, or Practical Astro_nomy. 2. Harmonicon Cœleste, or the Harmony of the Visible World. 3. Astronomia Instaurata, in four parts. 4. Ephemerides of the Cœlestial motions for 20. Years; with an excellent Introduction to the knowledge of all Mundane Altera_tions. 5. An ingenious Treatise of Surveying. 6. Examen Astronomi� Carolin�, in his own Defence. 7. Astronomia Britannica, written in Latine, now in the Press, and almost ready to be published. 8. Computatio Catholica; an excellent Trea_tise, now almost (also) ready to be pub_lished: Besides his Annual Labours, which always tended to the utility of the ingeni_ous Astrologers, and Mathematicians.

In which Pieces of Astronomy, he hath most fa_cilely solved, the (not very easily solved) Ph�no_mena of the Heavens; and so plainly proved the motion of the Earth to be an apparent Physical truth, that the very Soul of Copernicus, (the first Inventer of that Opinion, as to this later part of the World,) by a happy Metempsychosis, seems to have enlightned Him to the Demonstration thereof: Mr. Wing the Reviver, and Defender of the motion of the Earth in these later Times. and this by such unerring Axioms, and most conspicuous verities, that the (long embraced) contrary Opinions, with all the insoluble systems thereunto belonging, are quite out of Doors, and scarce so much as though of now, (much less with pristine earnestness defended) by any of the most able Astronomers of this Age. So that, had the unfortunate Bishop of Ratisbone, but lived in our more transparent and knowing times, he had never dyed a Martyr for so sure and sound a Truth. &rphand; Nay, had Saint Augustine been contemporary with Mr. Wing, his doubt a_bout Antipodes had been fully resolv'd. May we not now (without vanity) aver, that He was the Restorer of Astronomy to this later Age: And not only so, but that he was so happy in his at_tempts of that kind, that he did nothing with_out success? Nay, I conceive I may (without offence) urge it, since others, (far more compe_tent Judges of his surpassing abilities than my self) have done it before me. ---- That Mr. Wing hath performed more in, and toward the rectifi_cation and perfection of the Cœlestial Motions, than all the ingenious Mathematical heads in both Universities have of late Years done; and for the same was honoured, and had in eminent esteem with most of the best learned in this our British Nation.

Among the many observables in Mr. Wing, this we may not omit in his Praise, and to his Eter_nal Honour let it be remembred: ------- That He was always a Loyal Person and good Subject, and in the worst of times, when it was esteemed a Crime to be obedient to a lawful Prince and So_vereign, and so much the fashion to be Anarchi_cal and Rebellious; Mr. Wing was so conscienti_ously just, as always to own his Allegiance: ac_counting it far better to perform a vow made to God on the behalf of his Prince, than nimbly and unchristianly to swallow Perjury: (a Sin the very Heathen would disdain and protest against!) and although the times he was necessitated to live in, afforded him many great and unhappy examples to that unloyal and ungodly purpose, yet, he still continued his integrity and duty; as well knowing, that Treason against our Sovereign, is equal to Sacrilege against our Saviour. Videhis ma_ny Almanacks wrote in the times of our late Rebellion: when he might have sided a_gainst his So_vereign with applause, and gain; as well as some other Almanack-wri_ters; but you find (by them) he was too Loyal for such degenerous & impious acti_ons, or pra_ctices.

Indeed, Mr. Wing, had, not only a just and Loyal Heart, but a good and Loyal Nativity to shew and to signify it. There was when he was born, in the Heavens a happy Trine between the Lady of the Ascendent and Governess of the Medium C�li. We know it is as Natural for some Persons to be repugnant and opposite to Government, and to their Prince or Governor, as for some Children or Servants, to be disobedi_ent or rebellious to their Parents or Masters. The reason whereof, is (perhaps) a secret in Astrolo_gie, and scarce known to the best of Artists. It may be worthy thanks to divulge it; and it is this. ----- &lphand; Nota bene. That, as the gentle and amicable Rayes between the Lords of the Medium C�li and Ho_roscope, make loyal and dutiful Persons or Subjects, so their unfriendly beames to each other, create Rebels, Incendiaries, and unloyal Persons. The ingenious Genethliacal Astrologer may spare me the trouble of Instances, he can easily prove the truth hereof himself.

Albeit, Mr. Wing was a Man of such admira_ble parts as you have heard, yet he was the least admirer of his own abilities of any Man in the World; but still industrious to improve them. His desire was so strong after study, that he e_ven neglected himself for it's sake, and for the great contentment he took therein. And though his attainments were great, yet was he known more to lament and bemoan his defects, and im_perfections, than any way to boast of his skill. He was no way Ostentatious, but on the contra_ry, very humble; and had nothing of the Pha_risaical temper or humour, but like the Laden Ear in Harvest, still bent his head downward; and (with the Peacock) more often look'd upon his Feet, than his Plumes: being ever observed in all company, to give unto others the prece_dence, or right hand, which perhaps did not in_herit the hundreth part of his understanding and knowledge.

But now, although he was of so self-denying a temper and disposition, and never apt to be_gin quarrels or contentions with any Man; yet hath it been his fortune (against his inclination) to be engaged in differences: he having been (by some ambitious and troublesome Persons) publickly abused in Print: by two especially, who have, (after their heaping upon him unde_served reproaches,) in an impudent and shame_less manner, made use of his works, to dress and furnish out their own; and this without cry_ing Peccavi, or seeking of a reconciliation from him. To signifie Dominus sep_tim� in duode_cima dissensio_nes decernit cum inimicis.Argol. which hard measure from his (unexpected, as well as undeserved) Antagonists, he hath, in his Nativity, Mars (an angry Planet) Lord of his Seventh House, posited in Virgo, Re_trograde in the Twelfth Angle, which hath signi_fication of scandal and detraction, &c. And the Moon, Cum cauda Draconis; and in Quadrate of Mercury in the Seventh House; a place de_noting publick Adversaries, strifes and contenti_ons, &c. apt and proper Arguments hereof, as any Astrologer must needs understand and ac_knowledge. More plain and speaking testimonies of the Malice of Enemies, cannot in any Nati_vity be found: as if Mr. Wing had been born in_to the World on purpose (in matters of contro_versie) to encounter Men of brutish Principles and Conditions.

Howbeit, it is eminently known, that Mr. Wing was of courage sufficient, and capable for to re_sent an injury; and would (upon any good oc_casion) be so just to himself, (and to the truths that the World was made partaker of, by his happy Pen and Pains;) as to give his Enemies to understand he did not wear his Soul without him; &lphand; (Who ever did, that had the grand signi_ficators of his Nativity strong?) but could easily vindicate himself from their causless cavils, and scomma's, and their want of ingenuity and charity towards him. Seneca saith that a man hath so much wit, as he hath anger. And St. Paul alloweth of anger; so that it be li_mited, and not transported with a desire of revenge. Ephes. 4. And when (beyond rea_son) provoked, he did accordingly, (with a spi_rit of soberness) reply unto those his Antago_nists; who were so bold and daring to attempt the lessening of his unblemish'd Fame and Repu_tation, to (do that which was indeed impossi_ble, and therefore I spare their Names;) make way thereby for the advancement of their own. He also hath the Virgins Spike ascending, and the Moon with the Stars of Apollo: and could not (from thence) but have a great Spirit, and be readily apprehensive, though not revengeful of injuries: And would therefore (in cases of difference) only endeavour to acquit himself, but not calumniate his adversaries. And there_fore we may say of him, as it was of another in a like case, Non silet, & silet: He might be said to be silent and passive toward his Enemies in respect of revenge, but not in regard of re_proof. And surely herein he is no more to be censured, than the harmless Worm for turning a_gain, when it is most churlishly and injuriously trod on.

Nor was Mr. Wing singular, or alone, in par_taking of the malice of Enemies, or of being un_worthily traduced. Mr. Wing's Saviour (who had the same Vide, Cardan, in Coment. Ptol. Morinu:, in A_strol. Gallica. Gregor:, in Notes on Scripture. Card. Aliac. &c Ascendent with him) was so ser_ved before him. The brightest Sun attracts the basest and most envious exhalations. The great Hippocrates had a Thessalus to oppose him; and Divine Homer met with a Momus and Zoilus. And we know, that there are as many Nebulous and Cloudy-Starrs in the eighth Sphear, as there be Glorious and Shineing ones. No Truth in Heaven or Earth, but hath its Anti-truth. No Day without its Shadow; or Diamond that wants it foyl. Never was any Person famous for any thing yet, but as he met with Favourites, so he found Detractors. And what excellency can we name or think of, that hath been free from opposition or interruption? And therefore it is no wonder, that a man so popular as Mr. Wing, hath met with his Share of affronts and abuses: it should rather have been Recorded a Miracle for him to have missed them. But Mr. Wing was too great a Philosopher, and too good an Astrologer to be concerned or troubled at such vanities. It was a satisfaction to him sufficient, to know that he had justly and fairely demon_strated and advanced the Truth of what he Studied, and therein discharged a good mind. And he having met with the approbation and thanks of the most judicious and knowing, for his great pains and industry, looked upon the ignorant and false attempts of this adversaries to be too sinewless to impare his worth, and their hatred too imbecil and truthless to torment or discompose him.

When Mr. Wing first ap_peared up_on the Stage of the world.

He appeared first upon the Theatre of the world in the two and twentieth year current of his Age; beginning then to Write and Print his Annual Books or Almanacks; and as a fit direction for the favouring of such a purpose, the Sun then came ad Sextilem Veneris in Tauro: She being Governess of his Ascendent, and one of the Al_mutens of his Geniture; and the Sun (the Grand Patron of publick Fame and Glory) located in Septim� Domo, the great Angle of business and action. And (that which is as remarkable) to_gether with so favouring a Direction, he had a very auspicious Revolution for that year; as you may behold by the following Scheam there_of.

&horbar

Astrological diagramIn this Cœlestial Figure, you see the Lords of the Horoscope and Medium C�li, are in their sublimities or exaltations, and in a short quadrate to each other, equivalent to a Sex_tile; and the one of them in Trine to the Mid_heaven, and the other casts the same Aspect to the , or eleventh Angle; and Royal fixed Stars on the prime Cusps of the Scheam. The Lady of the Ascendent at birth (as there) is Almuten of this Revolution, and herein return_ed to her Radical place, casting a friendly Sextile to Mercury (the Patron of Learning and Books) in the Seaventh House, and a Trine to the Nineth, and Ascendent. It is in all respects a most admirable position of Heaven; and most properly agreeth unto the happy and immortal effects of this Natives Pen.

His writings universally e_steemed and embraced.

Indeed Mr. Wings writings found a most ex_cellent welcome into the World, among all sorts of ingenious persons: even so great and happy an one, that (at length) in that year, wherein Fifty Thousand of his Almanacks have not sold or gone off, the Company of Stationers (as I have been credibly informed) have esteem_ed it but a year of an indifferent sale. So universally spreading was this persons Fame, he beginning to write under so happy and Favourable a Revolution and direction. And these his Annual Books or Almanacks, he con_tinued twenty eight years together; &rphand; thereby making an addition to his former Reputati_on, but never growing less, or loosing of any his once purchased Honour. He still gained ground, but never lost any; and not only his Almanacks, but his other more la_borious writings also, met with a very hap_py entertainment and success: So that in type Truth, all persons that have printed and sold his works, as well as those that have bought and read them, are Debtors to his memory and pains. And the Book-seller and Printer as well as the Astronomer must mourn the unhappy loss of Mr. Wing.

But now, Mr. Wing was not only a good man, and singular good Artist, but he was a kind and loving Neighbour: and for his tem_perate and sober behaviour and demeanor, was infinitely beloved of all those he lived among: as well of the more Rustical and unpolished sort of people (which generally look upon A_strologers as Conjurors, and Mathematicians as Mad-men;) as of those of the best quality and breeding; obliging the latter by his In_genuity and Industry in Science; and the for_mer by his Humility, and readiness at all times to do them good. So that the meaner sort of people were always ready to serve him; and the better sort of Persons Dominus As_cendentis cum domino Medij C�li dat hone_res, & Prin_cipum, (aut Magnatum) fa_miliaritates. Ptol. par. p. 132. to assist and encourage him in any of his Studious at_tempts. He was a Serious Cordial Friend, and hard to be removed in affection when once he had settled it upon any man; and when he was necessitated to be an Enemy, (being na_turally so great a lover of Peace and Friend_ship) it was as great a trouble to him, as the knowledge of Letters was (pretended to be) to a Noble Roman, when he came to signe the death of any Offendor. In his greatest provocations, and from the very worst of his Enemies, (as I am informed) he would ad_mit of a Reconcilement upon the easiest terms imaginable: he ever loved to preserve Amity and Friendship, and to crush or banish Enmity and Hatred.

He was likewise known to be a most careful and loving Husband, and a Kind and Indul_gent Father; as appeared both in the Pru_dent government of his Family in his Life_time, and by his disposeing and ordering of things at this Death, for the good of his Re_lict and Children: that they might not (after his Decease) turn Wolves and Tygers each to other; as in too many very good Families (for want of such care and foresight) it is, God knows, too frequently seen; and (when past remedy) too vainly lamented.

Lastly, Mr. Wing was a man so naturally made for Action, and so much abominating Remisseness and Dulness; that to follow his employments, he often hazzarded his much to be prized Health: he having for near thirty years together, been constantly upon bu_siness, riding early and late, in all kinds of weather, wayes, and seasons, which (sine Dubio) was the propinquate cause (at length) of a very great Hoarsness, which began to seize him violently in the beginning of the forty_nineth year of his Age, it being a year Cli_macterical: which Hoarsness was (after some interval of time) attended with a Consump_tion and Catarrhe; whereof in the moneth of September, 1668. and the twentieth day thereof, when the Moon was in an oppositi_on of Saturn, he ended all his Tedious La_bours and Travels, with this his Terrestrial Pilgrimage: And so, receiving an exchange to a better Life, is now at Rest with God.

Behold, how the Heavens were posited in the Revolution of the Year of his Death; as you may see in the following Sceam.

&horbar

Astrological diagramHerein you see the Lord of the Ascendent, and Lord of the Eighth House are applying to a Conjunction, and this upon the Cuspe of the Eighth House in the Radix; and not only so, but they are both of them in a hateful oppo_sition of Mars, and in Quadrate Aspect of Saturn: and the Lady of the Ascendent in the Radix, is, in this Figure returned to the place of Saturn and Oculus Tauri, who were ra_dically placed in the House of Death. Saturn also is by Direction, as well as Position, pro_mittor of Death in this Nativity. All which are as so many Trumpetters of this Natives ap_proaching Fate; which he (instead of being daunted at) welcomed with a great deal of Chearfulness even to the very last. And in_deed no man that hath lived well and upright_ly, & done good in his Generation (as Mr. Wing had done) need be affraid of Death, or of the knowledge of the time thereof. It was a Blessing that Facut expe_riar, Jehovah, finem meum, mensura die_rum meorum, quid sit; ex_periar quam durabilis sum. Psal. Holy David prayed for, and that St. Paul desired: And although it may be the Sinful mans Terror and Torture to know it, it is the Just mans Joy.

The Direction that Cut off Life, was the Sun to the Body of Saturn, viz. the meeting of the Hylech and Anareta, in an Anaretical place thus proved.

� &min;Longitudo Solis &horfill; &aries; &horfill; 29. 18.Descensio Obliqua &horfill; 41. 27.Longit. Saturni &horfill; &gemini; &horfill; 6. 24.Latit. Saturni merid: &horfill; 1. 51.Declinatio Supra terram &horfill; 19. 38.Ascensio Recta Saturni &horfill; 64. 51.Differentia Ascentionalis 26. 9.Descensio Obliqua Saturni 91. 0.Arcus Directionis &horfill; 49. 33.

If the Learned Ptolomy may be credited, (as indeed why should he not, if he speak truth?) when he sayes, Aphor. 37. That those persons who have Libra or Aries Ascending at their Birth, shall (not need the envy of others to bring them to their ends, but) be the unhappy cause of their own Deaths: Quorum autem ascendens erit Aries aut Libra, hi mor_tis su� caus� erunt. Ptol. Cent. Aphor. 37. (although I believe, and all the world knows and is satisfied, that Mr. Wing was not felo de se, as Lawyers speak, being of better principles than to commit a violence upon or against himself; yet,) I am convinced, that (in a charitable and just sense,) he made the Aphorisme good. For, we know his Soul was so set upon business (as before you have heard) that he laboured, not only beyond his strength, even till the last, but against the opinions of his Physicians: not that he conceived in so doing, he any way did hasten or acce_lerate his Death, but because he hated Idle_ness: being a man of so unwearied a fan_cy, that he was Active, and working to the last; and had not Strength and Vigor first left him, he had never left his Employment; for he dyed labouring, even in the mid_dest of his business, as well as his years.

The worthy Albohali tells us, that if the significators of Death in any Nativity, shall be in domibus vel exaltationibus suis, a malis liberi, erit mors ejus in parentes et proximos suos. And so true we find his words, (for they take full place in Mr. Wings Nativity) that, as Mr. Wings Life did not cross or Contradict the Influences of the Stars, neither did his Death. For he (as the Holy Patriarch Jacob) dyed among his Relations, & received an honourable Interment.

On the Death of so many Eminent Astrologers, and Mathematicians; and particularly on the Expiration of Mr. Vincent Wing. OUr Mirth and Pleasures leave us for a space, While Sighs and Tears Usurp upon your place: Behold the Wounds the Stars do give their Friends! "The Fates spare none, may bring about their Ends. First, they force Loyal Neve resign his Breath: Next, Learned Fisk compel to yield to Death: Then, the great Oughtred (in a goodly Age, His part being done) they hurrey off the Stage: Culpeper follows: [The Physicians Foe!] All Astrologians surely are not so. And painful Booker too, they take to's rest. "Angels themselves subscribe &horfill; Ac Mortuus est. But Death not satisfied, unless he, Work a sure Famine in Astrology, And make the world with his Massacres Ring: Hath last of all, remov'd Laborious Wing. Sure Death's turn'd Courtier, will not be deny'd The thing he covets, though the best man Dy'd. Ah! Cruel Tyrant! what ill hast thou done, To bless'd URANIA? her scarce risen Sun Must set, before it the Meridian Mount: What shall we now, of Fair Urania Count? She could have spar'd thee Quacks & Fools good store; Turn-coats and Traitors full as many more: Which Tribe, thy hungry Stomach might suffice; In taking them, thou'dst sav'd URANIA'S eyes: But, at her Friends to cast thy envious Dart, At once strikes Blind and Dead her Eye and Heart. No more Astrologers, since these are gone, Trouble your serious skill, or thoughts upon Poor Mortals Life and Death! Your Period's set; And the Alchocoden that governs it, Must veile to th' Anareta: All your pain, Cannot from it the meanest minute gain! "'Tis Natures privilege to be severe: "And let her reign Triumphant in her Sphear.

T. F. Astrophil.

Advertisement.

Courteous Reader,

IN the foregoing discourse, you are informed of the Death of the Person of Mr. Wing, but his Fame, that is still surviveing; and this, not only in his own Laborious pieces, emitted into the world in his Life time; but in a Son, he left behind him, who bears his own Name: And is so far inclined to his Fathers Studies, that he hath for this present year 1670. wrote his Olympia Dōata, or Almanack; and (by Gods blessing) intends the Annual continuance thereof.

FINIS.

|CMS |Y1685 AN APOLOGY FOR THE BUILDER: OR A DISCOURSE SHEWING THE Cause and Effects OF THE INCREASE OF Building. &horbar LONDON, Printed for Cave Pullen at the Angel in St. Pauls-Church-yard, 1685. &horbar &horbar AN APOLOGY FOR THE BUILDER.

TO write of Architecture and its seve_ral parts, of Situation, Platforms of Building, and the quality of Materi_als, with their Dimensions and Orna_ments: To discourse of the several Orders of Co_lumns, of the Tuscan, Dorick, Ionick, Corinthian, and composit, with the proper inrichments of their Ca_pitals, Freete and Cornish, were to transcribe a Folio from Vitruvius and others; and but mispend the Readers and Writers time, since we live in an Age and Country, where all the Arts belonging to Ar_chitecture are so well known and practised: And yet at the same time and place to write an Apolo_gy for the Artist may seem a greater trifling. In a time when since the Grecian Greatness their Arts were never better performed. In a place where Buil_dings are generally so well finish'd, that almost every House is a little Book of Architecture; and as the ancient Artists made Athens and the rest of their Cities famous by their Buildings, and still pre_serve the memory of the places by the ruins of their excellent Arts: so the Artists of this Age have already made the City of London the Metropolis of Europe, and if it be compared for the number of good Houses, for its many and large Piazzas, for its richness of Inhabitants, it must be allowed the largest, best built, and richest City in the world. But such is the misfortune of Greatness to be en_vied. The Citizens, nay the whole Nation is asto_nished at the flourishing condition of this Metropo_lis, to see every year a new Town added to the old one; and like men affrighted are troubled with misapprehensions, and easily imposed on by the false suggestions of those that envy her Grandeur, and are angry with the Builders for making her so great.

The Citizens are afraid that the Building of new Houses will lessen the Rent and Trade of the old ones, and fancy the Inhabitants will re_move on a sudden like Rats that they say run away from old Houses before they tumble.

The Country Gentleman is troubled at the new Buildings for fear they should draw away their Inhabitants, and depopulate the Country, and they want Tenants for their Land. And both agree that the increase of Building is prejudicial to the Government, and use for Argument a simile from those that have the Rickets, fansying the City to be the Head of the Nation, and that it will grow too big for the Body.

This is the Charge that is laid on the Builders: Therefore the design of this Discourse is to answer these aspersions, to remove these fears and false conceptions, by confuting these Popular Errors, and shewing that the Builder ought to be encou_raged in all Nations as the chief promoter of their Welfare.

This is done by shewing the Cause of the in_crease of Building, and the Effects; as they relate to the City, to the Country, and to the Government.

Of the Cause.

THE Cause of the Increase of Building is from the natural increase of Mankind, that there is more born than die. From the first blessing of the Creation, Increase and multiply, joined to the good Government of a Gracious King.

There are three things that man by nature is un_der a necessity to take care of, to provide food for himself, Clothes and a House. For the first, all the rest of Creation as well as man is under that necessity to take care of: For life cannot be maintained with_out food.

The second belongs only to man, and it is a que_stion by some, whether it is required of him by na_ture, or custom, because in some Countries (and those cold) men go naked.

But as to the last, it is most certain, that Man is forced to build by nature, as all those Creatures are, whose young are born so weak (like the off_spring of Mankind), that they require some time for strength after their birth, to follow their Parents, or feed themselves. Thus the Rabbit, the Fox and Lion make themselves Burrows, Kennels, and Dens to bring forth, and shelter their young, but the Mare, Cow, Sheep, &c. bring forth in the open field, because their young are able to follow them as soon as folded.

So that the natural cause of Building a House is to provide a shelter for their young; and if we examine man in his Natural condition without Arts, his Tenement differs little from the rest of Nature's Herd: The Fox's Kennel though not so large, being a lesser creature, may yet for its con_trivance in its several apartments be compared with any of his Cottages: Earthen walls, and covering are the manner of both their Buildings, and the Furniture of both their Houses alike: Now as the Rabbits increase, new Burrows are made, and the Boundaries of the Warren are enlarged. So it is with Man, as he increaseth, new Houses are built, and his Town made bigger.

When Mankind is civilized, instructed with Arts, and under good Government, every man doth not dress his own meat, make his own Clothes, nor build his own House. He enjoys pro_perty of Land and Goods, which he or his Ance_stors by their Arts and industry gained. These Pos_sessions make the difference among men of rich and poor. The rich are fed, clothed, and housed by the labour of other men, but the poor by their own, and the Goods made by this labour are the rents of the rich mens Land (for to be well fed, well clothed, and well lodged, without labour either of body or mind, is the true definition of a rich man.)

Now as men differ in Estates, so they differ in their manner of living. The rich have variety of Di_shes, several suits of Clothes, and larger Houses; and as their riches increase, so doth their wants, as Sir William Temple hath observed, men are better distin_guished by what they want, than by what they injoy. And the chief business of Trade is the ma_king and selling all sorts of Commodities to sup_ply their occasions. For there are more hands im_ployed to provide things necessary to make up the several distinctions of men. Things that promote the ease, pleasure and pomp of life, than to supply the first natural necessities from hunger, cold, and a house only to shelter their young. Now the Trader takes care from time to time, to provide a sufficient quantity of all sorts of Goods for mans occasions, which he finds out by the Market: That is, By the quick selling of the Commodities, that are made ready to be sold. And as there are Butchers, Brew_ers and Cooks, Drapers, Mercers and Taylors, and a hundred more, that furnish him with food and clothes; so there are Bricklayers, Carpenters, Play_sterers, and many more Traders, that build houses for him, and they make houses of the first, second, and third rate of building in proportion to the in_crease of the several degrees of men, which they find out by the Market, that is by letting of Houses alrea_dy built: so that if it were throughly believed, that Mankind doth naturally increase; this miracle of the great increase of Houses would cease, it is there_fore necessary to shew that man doth naturally in_crease.

This may be sufficiently proved by Sacred History, That the World was first peopled by the increase from Adam and Eve, and after the de_luge repeopled by Noah and his Sons Shem, Ham, and Japhet. That the Jews began from the single stock of Abraham by Isaac, and so from Jacob; and when Moses numbred them, which was not long distance of time (being computed to be about Two hun_dred and sixty years from Jacob) they were above Six hundred thousand fighting men, reckoning only from Twenty years old and upward, be_sides Women and Children. And when num_bred by David, which was about four hundred and fifty years after, they were grown a very great Nation, being Thirteen hundred thou_sand fighting men of Judah and Israel.

But the late Lord Chief Justice Hales in his Discourse on this subject was not contented to relye wholly on Arguments from Authority of Holy Writ, and therefore takes other To_picks to confirm the relation of Moses concern_ing the beginning of the world, and the peo_pleing of it by a natural increase.

I. From the novity of History, That no Au_thentick History is older than four thousand years, and none so old as Moses of the Beginning of the World. II. From the Chronological Account of Times. That the Assyrian, Egyptian, and Grecian Accounts are to be found out in what year of the World they began. III. From the beginning of the ancient King_doms, That Rome was built by Romulus in the Seventh Olympiad, the Assyrian Monarchy be_gan by Cyrus in 55 Olympiad, and the Grecian by Alexander in 111. IV. From the first invention of Arts, That the times of the first invention of Husbandry and making of Wine are as well known, as the later Inventions of Gun-powder and Printing. V. From the beginning of Religions, That the time of the Inauguration of the Heathen Deities are known; As when that Jupiter, Bacchus, Ceres and �sculapius, and the rest of them were but men of great renown, and for their Good Deeds after their death worshipped; As well as when Moses, our Saviour, and Mahomet were born. VI. From the Decays of Humane Nature; but how far that may be true, I leave to further inquiry. VII. From the beginning of the Patres familias, or the first Planters of the Continents and Islands of the World; that Helen gave de_nomination to the Grecians called Hellenista, Pelasigus to the Pelasgi, Latinus to the Latins, and the place called Latium, Italus to the Italians, and Italy is as much to be believed, as that the English gave name to New England in America, and the Names of the Towns there, London and New York. VIII. From the gradual increase of Mankind; That considering the time of his first Procreati_on, which is agreed to be about 15 or 16 years, to the time he gives over, which is about sixty: It cannot be otherwise believed but that in the space of five and forty years he must produce a numerous off-spring: And it is no wonder amongst us; For a person to live to see some hundreds descended from his loyns. Afterwards he comes to a particular Obser_vation of the Increase of England by comparing the present State of it with the Survey set down in the Doomsday-Book, and makes an Instance in Gloucester-Shire, by which it appeareth, that the Inhabitants of that County since that time are greatly increased. And last of all he argu_eth the Increase of London from the Bills of Mortality.

These are the Arguments of the late Lord Chief Justice Hales, to prove that Mankind naturally increaseth, of which he discourseth at large in his Book of the Origination of Man_kind, and therein answereth all the Objections to the contrary. And because these two last Ar_guments from the Survey of the Doomsday_Book, and Bills of Mortality carry with them the greatest force, for they best discover the matter of Fact as to our own Nation. I have therefore made it my business to make a scruti_ny into the truth of them: As to the first, it is easie to make it appear that there is thirty times more people in England than they were in Willi_am the Conqueror's time, when the Survey was taken. And as to the latter, I shall have occasi_on to discourse of at large hereafter.

And if it were necessary to use any further Ar_guments for the proof of this Matter, they would plainly appear by comparing ancient Histories with Modern in the Descriptions they give of the Countries. As to the great Woods, the many little Governments, and the manner of the Peoples living without Arts: But not to wander over many Countries, and among several Hi_storians I will only take the short description that C�sar giveth of our own, to shew how it differs from what it now is.

He says, "That the inner part of Britanny is in_habited by such as memory recordeth to be born in the Island: And the Maritime Coast by such as came out of Belgia, either to make In_cursions or Invasions, and after the War was ended they continued in the Possessions they had gained, and were called by the name of the Cities from whence they came. It is true, he says, "The Country is very populous and well inhabited, with Houses like unto them in Gallia.": But that must be understood as other Countries of Europe were then. It appears that in England there were many Governments and little Colonies of people, "for he reckons four Kings in the County of Kent, besides some little States. And he says, "Most of the Inland people sow no Corn, but live on Milk and Flesh, clothed with skins, and having their faces painted with a blew color to the end they might seem more terrible in fight. The Britans Towns, he says, is a place ditched about to make a shelter for themselves and Cattel. And their manner of fighting was by making sudden Excursions out of the Woods, and then retiring into them for shelter. All which De_scriptions shew the Country was not so popu_lous as now.

For where there are great Woods, there is not room for Pasture or Corn, to feed Mankind: Besides they are a shelter for beasts of prey, which man as he increaseth doth every where destroy, and suffers no Flesh-eaters to live but himself, except the Dog and Cat, which he maketh tame for his use. The Lion, Wolf, and the Bear are not to be found in a po_pulous Country; and it is the first business of all the Planters in America to destroy the wild Beasts, and the Woods, to make room for them_selves to plant in.

And the reason probably of those Roman Causways, that we find in England, was to make Roads through great Woods to the several Ro_man Colonies; though at this time we find them in open Champaign Countries; for had the Country been so then, they would certainly have made them straiter than we now find them.

The many little Governments shew the infancy of a Country, for from single Family-govern_ment first began; those Governments were but so many families of great Men: Now the large Boun_daries that so many little Governments take up in a Country, make one half of the Country useless: For men are afraid to plant or sow too near their enemies Country for fear they should lose their Harvest. Therefore the same Land can_not feed so many people as when it is under but one Government.

Besides without Arts, a great number of People cannot live together; the earth by the arts of Hus_bandry produceth ten times more food than it can naturally. And neither can there be any great Cities, for the Inhabitants have nothing to ex_change for their food, for it is the Arts of the City which are paid for the provisions of the Country.

To conclude, nothing is so plain from ancient History as that Asia was first peopled, and (accor_ding to the Description of Moses) began about Babylon: And as Mankind increased, and the Coun_try filled with Inhabitants; Arts were in_vented, and they possest more ground, till they spread themselves into Egypt, and so over Africa, and from thence into Greece, over Europe, and now Europe being full, their swarm begins to fill America.

And all the ancient Descriptions of the Countries of Europe, in the times of the Ro_man Greatness, are just such as are now given of America, and differs vastly from what they are now, in the number of Cities, Towns, and Arts of Inhabitants.

For were America so well peopled as Europe is, those great Countries that are possest there by the Spaniards, French, Dutch and English, some of them bigger than their own Countries in Europe, could not be so quietly held, and injoyed by not a hundredth part of the peo_ple of their own Country.

And although the valor of the Roman Soldiers, and their affected Bravery (grown as it were a fashion, and a popular Emulation) conduced much to the greatness of the Roman Empire; yet nothing promoted its success so much, and gave it such large extent as the Infancy of Europe at that time, being thinly inhabited with people, without Arts, and full of little Monarchies and States. For had it not been so, C�sar could never have over-run Gallia, Belgia, Britany, and some part of Germany, and kept them in subjection with only ten Legions of Soldiers, which was but fifty thousand men; for we have seen within these late years much greater Armies in Belgia a_lone, (that is within the Seventeen Provinces, and amongst them men not inferior either in courage or skill in War, and yet have not wholly subdu_ed one Province. And perhaps had these Forces at the same time been sent into America, they might have extended their conquest over as much ground and over as many people as C�sar did.

Nor was England so populous then as now it is; For had it been, C�sar would never at first have ventured to invade it with two Legions; and at the second time when he designed a full conquest brought over with him but five Le_gions, that is but five and twenty thousand men.

For although some may think from the great Armies we read of; neer two Millions of men under Cyrus and Xerxes in Asia; and of vast swarms of the Goths and Vandals in Europe, in their Invasions under King Attila and others, that the world was more populous than now, because we hear of no such numbers of late; yet if it be considered, it demonstrates only the manner of their fighting, and the infancy of the world; The want of people, and Arts, rather than that it was populous.

For the Gentiles Armies were made up after the manner of the Jews, by taking all that were able to bear Armes, reckoning from about 20 years old to sixty. For when C�sar had slain the Army of the Nervii, being about 50000 men, (a valiant people, one of the Seventeen Provinces); the old men and Women Petitioning for mer_cy, declared that there was not 500 men left in the whole Nation, that were able to bear Arms.

And if the King of England should reckon his Army after this manner; Of his eight Million of Subjects (as they are computed to be) there could not be less than three Millions that were able to bear Armes, which would be a greater Army than ever we read of; which must shew that the world was thin of People; since the Assy_rian Empire the oldest, and therefore most po_pulous did never raise so great a number.

And those great numbers shew that they wanted Arts; for we read that the Athenians a small but learned people baffled and destroyed all the great Army of Xerxes, reckoned by some to be Seventeen hundred thousand men; And Alexander with a small number of skilful and valiant Greeks subdued the then inhabited World.

And although the Goths and Vandals, and the Cold parts of the World made their Invasion for want of room to live in, yet that proceeded from the want of Arts.

For by Arts the Earth is made more fruitful, and by the invention of the Compass and Printing, the World is made more habitable and con_versable: By the first the Countries Traffick and Exchange the Commodities they abound with, for those they want. The Timber, Pitch and Tarr of the cold Countries are Exchanged for the Wine, Brandy, and Spices of the hot. By the latter all Arts are easier discovered; By Traffick and Arts the Inhabitants of the cold Countries are better fed, better clothed, and better lodged; which make them indure the Extremities of their Climates better than formerly; and as they increase they build new Towns, inlarge their Cities, and im_prove their own Country; instead of invading and destroying their Neighbours.

But to return home: It is plain that the na_tural increase of Mankind is the cause of the increase of the City, and that there are no more Houses built every year in it, than are necessary for the growth of the Inhabitants: As will some_what appear by the number of Apprentices made free, and Marriages every year in the City.

By the best computation that I can learn, there are no less than ten thousand Married every year in the City; which is no great num_ber considering the number of Inhabitants: And if we should allow two Weddings in a Parish every week one with another, (there being a hundred and thirty Parishes in all) it will much exceed this proportion. Now in some Parishes there is seldom less than ten in a week. And in Dukes-place, and St. Katharine's, being priviledg'd places, there is ordinarily twenty or thirty in a week.

As to the number of Apprentices that come every year out of their time, there are not less than Nine thousand; which will not be thought too great a number, if we reckon the Houses in the City, to be about Fourscore thousand: And if the fourth part of this number be al_lowed for the Gentry, or those which live without Trades or Professions; and the three other parts being Sixty thousand, for Trades or Professions; and one Apprentice to every House (though in some Houses are three or four Apprentices); and that in seven years the whole number come out of their time; then in every year a seventh part of Sixty thousand, (which is about Nine thousand a year) will come out of their time. Now if Mr. Grant's Com_putation be right, that these Houses contain Eight persons, one with another, then there ought to be a thousand Houses at least built every year for these Nine thousand Apprentices that come out of their time, and the Ten thousand Weddings to have room to breed in. And this proportion is only sufficient to lodg them, and not for places to Trade in, for nine Traders can_not live in one House. Therefore some of their Masters, or other Traders must either die, break, or being grown too rich give over their Trades to make room for some of them to have places to Trade in, besides those that are furnish'd with places by the new Houses.

But I find Mr. Grant much mistaken in his ac_count about the number of Inhabitants in each House in the out-parts; Perhaps it was from the rebuilding of the City with Houses more ca_pacious and more in number. For in this last five and twenty years: the Inhabitants are now a third part more, as appeareth by the Bills of Mortality; For in the year 1660 and 1661 there died between Thirteen and fourteen thousand a year, and now there dies betwixt Twenty one and twenty two thousand a year. So that there ought to have been built above Twenty six thousand Houses in these twenty five years, which is above a thousand Houses a year to lodg this increase, which are much more than have been built in the out parts, for it appears by Mr. Morgan's Map of the City that there have not been built in this time 8000 Houses, that is not 300 Houses one year with another.

But this is certain, that there are no more Houses built every year than are occasion for; because there are Tenants for the Houses, when built, and a continuance every year to build more. For the Builders will do as other Traders, who, when the Market is over_stocked with their Commodities, and no occa_sion for those already made, forbear to make any more, or bing them to the Market, till a new occasion requireth them. And when they find they cannot lett those already built, they will desist from building, and need no Act of Parliament to hinder them. So that we may as well complain that there is too much Cloth and Stuff made, too much Corn sowed, too many Sheep or Oxen bred, as that there are too many Houses built; too many Taylors, Shoo-makers, Bakers and Brewers, as there are too many Builders.

Of the Effects of the increase of Buil_dings, and first as it relateth to the City.

NEW Buildings are advantageous to a City, for they raise the Rents of the old Houses. For the bigger a Town is, the more of value are the Houses in it. Houses of the same conveniency and goodness are of more value in Bristol, Exeter and Northampton, than in the little Villages adjoyning.

Houses in the middle of a Town are of more value than those at the out-ends; and when a Town happens to be increased by addition of New Buildings to the end of a Town, the old Houses which were then at the end, become nearer to the middle of the Town, and so in_crease in value.

Houses are of more value in Cheapside and Cornhill, than they are in Shoreditch, White-Chap_pel, Old-Street, or any of the Out-parts; and the Rents in some of these Out-parts have been within this few years considerably advan_ced by the addition of New Buildings that are beyond them. As for instance, the Rents of the Houses in Bishopsgate-Street, the Minories, &c. are raised from fifteen or sixteen pounds Per Annum, to be now worth thirty, which was by the increase of Buildings in Spittle-Fields, Shadwell and Ratcliff-Highway. And at the other end of the Town those Houses in the Strand and Charing-Cross are worth now fifty and threescore pounds Per Annum, which with_in this thirty years were not Lett for above twenty pounds Per Annum; which is by the great addition of Buildings since made in St. James's, Leicester-Fields, and other adjoyning parts. But in those Out-parts where no New Buildings have been added, as in Old_Street, Grub-Street, and all that side of the City which does not increase, Houses continue much of the same value, as they were twenty years ago: And the reason of this is; because Houses are of value, as they stand in a place of Trade, and by the addition of new Buil_dings the place becomes to be a greater Thorough-fare, by the passing and repassing of the Inhabitants to these new Buildings.

2. They are advantageous to the City, be_cause they increase the Trade of it: The Trade of the City is either Wholesale, or Retail. Now the New Buildings of Bloomsbury, Leicester_Fields, St. James's, Spittle-Fields, &c. are like so many new Towns for the Wholesale-Trader to Traffick in. The Inhabitants of these places do eat, wear Clothes, and furnish their Houses, and whatsoever Commoditie they use, come first from the Merchants, or Wholesale_Trader. For the City is the great Mart for Goods, from whence all other places must be furnished; so that the New Buildings are beneficial to the Wholesale Trade of the City. And it appears that they are likewise advantageous to the Retail_Traders, because they can afford to give more Rent for their old Houses, than they did formerly; for otherwise none would believe that the Tenants of Bishopsgate-street, and the Minories could subsist and pay double the Rent for their Houses within this thirty years, had they not a better Trade in those places than formerly.

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Of the Effects of New Buildings as they relate to the Country.

NEW Buildings are advantageous to the Country: I. By taking off the Com_modities of the Country,

The Materials of these Houses, as Stones, Bricks, Lime, Iron, Lead, Timber, &c. are all the Commodities of the Country. And whatsoever the Inhabitants of these New Houses have occasion for, either for food, Apparel, or Furniture for their Houses, are at first the growth of the Country; And the bigger the Town grows, the greater is the occasion and consumption of these Commodities, and so the greater profit to the Country.

II. New Buildings provide an habitation and livelihood for the Supernumerary and useless Inhabitants of the Country. The younger Sons of the Gentry, the Children of the Yeomen and Peasants are by these means provided with Cal_lings, Imployments, and Habitations to exercise them in; which should they have continued in the Country, would have been burdensome, and chargeable to their Friends for want of Imploy_ments.

For there is always Inhabitants enough left in the Country for the imployments of the Country. For if the Country wanted people, there would be a want of their Commodities, for want of hands to provide them.

Now there is as much Land Plowed, and all sorts of Grain sown, and reaped every year, as there is occasion for; and sometimes more: For the Crown in some years hath been at charge to Export it. And there is as much Wooll provided and made into Clothes and Stuffs, as the Market can take off, and so for all other Commodities of the Country.

Nay there are more of all the Country Com_modities every year made than formerly: There are more Stuffs, more Clothes sent up to Gerard's and Blackwell-Hall, as appears by the Entries of those Halls; and more Sheep and Oxent sent to London, and eaten, than formerly. For there are more people in the City to be fed; so that there must be more hands in the Country to provide this greater quantity of Commodities: And the Country does increase as well as the City, as hath been already obser_ved from the Doomsday-Book.

Therefore if the Rents of the Lands fall in the Country, it must not be ascrib'd to the New-Buildings draining their Inhabitants, but to some other occasions; Which probably may be from the great improvements that are made upon the Land in the Country, either by drain_ing of Fens; improving of Land by Zanfoin; or other profitable Seeds; inclosing of grounds, or disparking and plowing of Parks, by which means the Markets are over stock'd and furnish_ed at a cheaper rate than those Lands can af_ford, who have had no advantage from im_provements: Or else the Market is removed at a greater distance, and the Lands are forced to abate in their price for the carriage; The Town perhaps is decayed, that they used to fur_nish, and the Trade removed to move other flourishing place at a greater distance; occasi_oned some times by the death or removal of some great Clothier or Trader; or some other natural obstruction of the place; as the choaking up of some Haven, and the forsaking of the Sea, which is the reason of the decay of the Cinque-Ports. These or some other oc_casions may make some particular mens Farms fall in value; but there is never a County in England, where the Land of the whole County doth not produce a third part more in value than it did within a 100 years, and whosoever will compare these present Rents, with what they were then, will find them generally increased. Therefore the New Buildings of this City can_not prejudice the Country, but are greatly ad_vantageous to it.

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Of the Effects of the New Buildings, as they relate to the Government.

I. NEW Buildings are advantageous to the King and Government. They are instrumental to the preserving and increasing of the number of the Subjects; And numbers of Subjects is the strength of a Prince: for Houses are Hives for the People to breed and swarm in, without which they cannot increase; And unless they are provided for them from time to time in proportion to their increase, they would be for_ced to go into the Plantations and other Coun_tries for habitations; and so many times become the Subjects of other Princes; but at the best the Country loseth the profit of feeding them; for they that live in a City are unskilful and unfit for Country-life; and this is the reason why so ma_ny Scotch Citizens are wandring Pedlers: and that every Town in Europe hath a Scotchman for an Inhabitant.

And that this will be the Effects will appear plainly by examining the growth of the City of London, since the Buildings have flourished, with its condition, when the Buildings were prohibi_ted; And we cannot make a better discovery of it than by the Bills of Mortality, for it is rea_sonable among such a number of Mankind, such a number should die; and whether it be in such a proportion as one in three and thirty, as Mr. Grant and Sir William Petit have observed, is not so material to this purpose; but it is a certain demonstration, That if the Burials have increased, the number of Citizens hath increa_sed, though the proportion may be uncertain.

Now to begin the Observation from the first Bills, that were Printed, which was in the year 1606, for the space of six and seven and twenty years, we shall find very little increase in the Ci_ty, for in 1606 and 1607, there died between six and seven thousand a year; and in the years 1632 and 1633 there died betwixt eight and nine thousand; Now the reason of this was the People of England were a little before that time under the same mistake, as they are gene_rally now, and cried out against the Builders, that the City would grow too big; and there_fore in the 38 of Queen Elizabeth they made a Law to prohibit Buildings in the City of Lon_don; which though it was but a probationary Act, to continue only to the next Sessions of Parlia_ment (which was but a short time) yet its effects were long; For it frighted the Builders, and ob_structed the growth of the City; and none built for thirty years after, all King James his Reign, without his Majesties License; But for want of Houses the increase of the People went into other parts of the world; For within this space of time were those great Plantations of New Eng_land, Virginia, Mariland, and Burmudas began; and that this want of Houses was the occasion is plain; For they could not build in the Country, because of the Law against Cottages. For peo_ple may get children and so increase, that had not four Acres of ground to Build on.

But the People of England at last were con_vinced of this popular error, and petitioned in Parliament his Majesties K. Charles the Martyr, that he would take his restraint from the Build_ers; and if the next period of seven and twenty years be examined, wherein there was a greater liberty of Building, though in this space there was a great Rebellion and Civil Wars, which is a great allay to the growth of the People, yet there appeareth a much greater increase of the City of London; For in the years 1656 and 1657, the Burials were twelve and thirteen thousand,

But the flourishing condition of the City of London raised a new clamour against the Build_ers, and Oliver the Usurper glad of any pretence to raise a Tax, made use of this clamor, and laid it upon the new Foundations; but though it was an heavy and unjust Tax upon the Builders, yet he got little by it, for the whole Summ collected was but Twenty thousand Pounds clear of all charges, as appears by the Records of the Exchequer; however it had the same ill effects to stop the Builders, and growth of the City; for the People for want of Houses in that time began that great and flourishing Plantation of Jamaica.

Now if the last Period since his Majesties happy Restauration be examined, wherein the Builders have had the greatest liberty, it will appear that the Inhabitants of the City have in_creased more than in both of the former Pe_riods; for the yearly Bills of Mortality are now be_twixt two and three and twenty thousands, so that the City is since increased one third, and as much as in sixty years before.

This is sufficient to shew that a Nation cannot increase without the Metropolis be inlarged, and how dangerous a consequence it may be to ob_struct its growth, and discourage the Build_ers. It is to banish the People, and confine the Nation to an Infant Estate, while the Neighbouring Nations grow to the full strength of Manhood, and thereby to render it an easie conquest to its enemies.

For the Metropolis is the heart of a Nati_on, through which the Trade and Commodi_ties of it circulate, like the blood through the heart, which by its motion giveth life and growth to the rest of the Body; and if that de_clines, or be obstructed in its growth, the whole body falls into consumption: And it is the on_ly symptome to know the health, and thri_ving of a Country by the inlarging of its Metropolis; for the chief City of every Nation in the world that flourisheth doth increase.

And if those Gentlemen that fancy the City to be the Head of the Nation, would but fancy it like the heart, they would never be afraid of its growing too big; For I never read of such a disease, that the Heart was too big for the Body. And if we are of Machiavel's opinion, this simile is the best, for he saith, that Citizens make no good Counsellors, for having raised their For_tunes by Parsimony and Industry, they are usu_ally too severe in punishing of Vice, and too niggardly in rewarding of Vertue.

2. It is the interest of the Government, to incourage the Builders; not only because they preserve and increase the Subjects, but they pro_vide an imploy for them, by which they are fed, and get their livelihood.

There are three great ways that the People in all Governments are imployed in: In provi_ding Food, Clothes, and Houses. Now those ways are most serviceable to the Government, that imploy most of the People; Those that are imployed in feeding of them, are the fewest in number: for ten men may provide food enough for a thousand: but to cloth, and build Houses for them, requireth many hands: And there is that peculiar advantage that ought to be ascribed to the Builder, that he provideth the place of birth for all the other Arts; as well as for man. The Cloth cannot be made without hou_ses to work it in. Now besides the vast num_bers of People that are imployed in digging and making the Materials, the Bricks, Stone, Iron, Lead, &c. all those Trades that belong to the furnishing of an house, have their sole depen_dencies on the Builders, as the Upholsterers, Chair-makers, &c.

But that which is the greatest advantage, they do not only provide a Livelihood to those that belong to the building, and furnishing of Houses, but for the Tenants of those New Houses: For the People being collected and li_ving together in one Street, they serve and trade one with another: For Trade is nothing else but an exchange of one mans labour for another: as for instance, supposing an hundred men which lived at great distance before; some in Cornwall, others in Yorkshire, and so dispersed over all the Countries in England, live together in one Street; one is a Baker, the other a Brewer, a Shoo-ma_ker, Taylor, &c. and so in one Trade or other the whole hundred are imployed; The Baker gets his living by making Bread for the other ninety, and so do all the rest of them; which while they were dispersed at distances, were useless, and could not serve one another, and were rea_dy to starve for want of a Livelihood.

3. But they get not only a Livelihood, but grow rich: There ariseth an emulation among them to out-live and out-vye one another in Arts. This forceth them to be industrious, and by industry they grow rich.

4. The increasing of Buildings, and inlarging of Towns, preserveth the peace of a Nation, by rendring the People more easily governed. First it is the Builders interest of all sorts of men to preserve peace: Every man that buildeth an House, gives Security to the Government for his good behaviour. For War is the Builders ruin. The Countryman may expect to enjoy his Land again, though for a time it be laid wast; the Merchant may hide his Goods, or remove them; but when the Town is besieged, the Houses are fired, the place made desolate, and nothing is left to the Builder but ruins, the sad remembrance of his condition.

Besides, all Cities are more inclined to Peace, than the Country; the Citizens Estates are in Trade, and in Goods; many of which grow useless in War, and lye in other Peoples hands, and their Debters run away, and take Sanctuary under the Sword; And Citizens being usually rich, cannot endure the hardship of War. Next, great Cities are more easily Go_verned, because they are under the eye of the Prince, as generally the Metropolis is; or else under some Governour, who by his rewards from the Crown, is engaged to be very watch_ful in preserving the Peace; so that if they should grow factious, they are more easily correct_ed. Thus the Ottoman Power governs his Con_quest by destroying Villages and lesser Towns, and driving the People into Capital Cities, which by the presence of some Pasha are go_verned. Thus the King of France in his late Conquests in Flanders and Alsatia, burnt some hundreds of Villages; but Luxembourg, Stras_bourg, and other great Towns are preserved. And the bigger the City, the more advan_tageous to the Government; for from thence they are on a sudden the better supplied with Men and Ammunition, to suppress any Re_bellion, or oppose a Foreign Enemy.

Lastly, New Buildings increase his Maje_sties Revenues, not only by the Chimney_Money, which makes it a growing Revenue; but by the Customs paid for the Materials to build and furnish the Houses. Besides they be_ing the cause of the increase of the City, all the increase of the Revenues from the Excise and Customs (since the Cities increase) must be ascribed to them: which are a fourth part more than they were five and twenty years ago. And the Excise is not only increased in the City, but it is so in the Country; which must not be ascribed solely to the good Ma_nagement, but chiefly to the natural increase of the People. For if there be a third part more People in the City than there were five and twenty years ago, there must be a proportion_able increase in the Country to provide Food and Clothes for them.

To conclude, It was upon these conside_rations, That by the building and inlarging of a City, the people are made great, rich, and easily governed: That those ancient and famous Governments, Thebes, Athens, Sparta, Carthage and Rome, began their Dominions, and inlar_ged them with their Cities; and of late the States of Holland have followed these Exam_ples.

The Citizens of Amsterdam have thrice flung down their Walls to inlarge it; so that from a little Fisher-Town within less than 200 years it is become the third or fourth City of Europe: and the rest of their Cities have fol_lowed their Pattern; and made Grafts and Streets at the charge of the Government; en_deavouring to outvie one another by giving Priviledges to incourage the Builders and In_habitants. And these States have found the effects of it; for by this means they have changed their Style from the Poor Distressed States, (as they wrote to Queen Elizabeth) to the High and Mighty States of the United Provinces.

And if the City of London hath made such a Progress within this five and twenty years, as to have grown one third bigger, and be_come already the Metropolis of Europe, not_withstanding the Popular Error the Nation have been infected with, and the ill censures and discouragements the Builders have met with; had they been for this last hundred years encouraged by the Government, the City of London might probably have easily grown three times bigger than now it is.

And if we consider what the natural effects of so great a City must have been; To be furnished with such large Provisions for War suitable to its greatness; Such a vast number of Ships; being situate on an Island and Naviga_ble River; filled with innumerable Inhabi_tants, of such natural courage as the English are; and to be so easily transported on a sudden with all things necessary for War, it would long before this time have been a Terror to all Europe; and now would have had the oppor_tunity, under the Government of such a Martial Prince as now reigns, to be made the Metropolis of the World; to have caused England's Monarch to be acknowledged Lord of all the Navigable Cities and Sea-port-Towns in the World; to have made an Universal Mo_narchy over the Seas, an Empire no less glorious, and of much more profit, than of the Land; and of larger extent, than either C�sar's or Alexander's.

FINIS.

|CMS |Y1692 THE Second Part OF THE Notorious Impostor, Compleating the History of the Life, Cheats, &c. of William Morrell, ALIAS BOWYER, Sometime of Banbury, Chirurgeon. Who lately personated Humphrey Wickham of Swackly, in the County of Oxon, Esquire, at a Bakers House in the Strand, where he Died the third of Jan. 1691/2. Together With some further passages Relating to his Sickness and Death not before mentioned. &horbar LONDON, Printed for Abel Roper at the Mytre near Temple-Bar, 1692.

&horbar &horbar To the Church-Warden and Overseer, Execu_tors of the late Renowned Captain, &c.

GReat Names, and High Titles are always attended by a Train of Suitors and Ad_dressors; and therefore, worthy Sirs, when this Epistle Dedicatory comes to Your Hands, pray do Your Selves and Us that Right, to accept it as no other than a piece of Homage to the Execu_tors of the late Honourable Captain. Great Names did I say? Yes, Gentlemen Executors, Yours as Great as it is, is indeed but a Name. And considering what it has cost you, give me leave to rebuke the hard World you live in, for en_vying You even that poor Feather in Your Cap, when You have almost paid as dear for the Ho_nour, as the Court Fees for a Baronet. Nay, to have a cautioning Epistle too from Swackly, with no less Denunciation against You, than to command You to take Your High and Mighty Last Will and Testament from off the Prerogative Roll, or to answer the Refusal in Westminster Hall. Raze Your Records! Do they say! an Executor_ship no more than an Olivers Knighthood. 'Tis a little of the severest, my Masters. Expunge Your Title, and blot out Your Scutcheon, when 'tis all You have to shew for Your Money! However, since You have met such unkind Treatment from the rest of Mankind, we are resolved to make You some little Reparation, viz. by prefixing your Names to the History of our Deceased Heroe, as a Monu_ment to Your Memories, which the rest of the ma_licious World denies You.

Nay Gentlemen, considering the severity of Your hard Fortune, pray excuse our Zeal in giv_ing You a little Advice how to retrieve Your Losses. Since you are like to be such Sufferers by Your Exe_cutorships, e'ne recover all again by Your Overseer and Church-Wardenship. Bring in Your next Pa_rish Bill, charg'd with such an over-grown Found_ling laid at your Doors, and Attach the Money in Your own Hands for Nursing it.

Your Humble, &c.

&horbar &horbar THE Second Part OF THE Notorious Impostor, &c.

THE general Reception the First Part of our Im_postors Life has met, encourages us to pursue the Subject, hoping that this further Narrative of his Adventures will give the Reader no less Diversion. And that the Reader may be satisfy'd in the Integrity and Truth of our History, we desire him to con_sider that he dyed in the midway between fifty and sixty years, and having for a score of the last of 'em, play'd at no other Game than cheating the World in all the Shapes and Masques he cou'd invent, we are so over-furnisht with matter of Fact, that we have not the least need to load him with the least untruth; and therefore we make this real Profession, that excepting a little Garniture, (that common pardonable Liberty) the whole Feast we treat you with, has not one borrow'd Dish. Nay hun_dreds of his diminutive Frauds here in Town, as vulgar sharping Tricks, we purposely omit, as too trivial and unworthy our Cognizance, and too poor for your En_tertainment.

And whereas his most notorious Delusions were his Mar_rying of so many Wives, and the politick Artifices and Lures used by him to decoy those poor Creatures into the Gripe of his Talons, were the grandest of his Rogueries, we have been chiefly inquisitive into that particular walk of our Proteus, as the most intriguing part of his Life, and indeed his Master piece of Projection, and consequent_ly the most divertive for your Reading.

In our first part we gave you at large three or four fa_mous Amours of his, and leaving off at his Inn-keepers Daughter of Bathe, (where we frankly told you that for want of farther Intelligence we over-leap'd some years) we think fit to continue the prosecution of our History from the end of that Adventure, and so fill up the vacancy occasion'd by our then want of Information, with which (from very good Authority and Credit) we have now better supplyed our selves.

His continued good Luck at the Female Quarry suc_ceeding so prosperously, he has hardly snapt and gorged one, before he's for flying at a second.

Leaving therefore his last Wife (as before mentioned) the Inn-keepers Daughter to shift home, not only penny_less, but almost naked too, (as before at large) it being then in the gay time of Summer, he buys him a very stately Gelding, and prances down to Slough near Wind_sor. There taking a Genteel Lodging, and throwing off his old now Hackneyfied Disguise of the Countrey Gen_tleman, he assumes the Character of a London Merchant; and though the little distance of twenty Miles laid the Scene very nigh, and consequently (one would think) exposed him to something more hazard than any of his former remoter pretensions, however he is so flusht with success, and thereupon so hardy an Enterprizer that he reckons upon Fortune, now intirely his own, as no less than bound to his Cause, and her Smiles as secure, as himself her now darling Favourite is fearless and undaun_ted.

His Tent therefore pitcht at Slough for the best part of this Sommers Campaign, with sufficient of Gold, and what not, in his Pockets, he Contracts (amongst other Countrey Acquaintance) a great intimacy with the Mi_nister there. And at length praising the good Air of that Countrey, and the sweetness he tastes in the Conversati_on thereabouts, he desires the Parson (his now Inti_mate) to inform him of some Purchase of fifty, sixty, or rather than full, seventy pound per annum somewhere near there; if a good House upon it so much the better; otherwise it will put him to some few hundreds extraor_dinary Expence. If any such Purchase can be found, he shall be gratefully thankful to him: For resolving to get him some Countrey Seat for a little Summers Retire_ment from his Fatigue at London, he has not met that place in the World that pleases him better. The Parson, kindly replyed, That truely he did not yet know of any such Purchase, but he would make it his Business to in_quire, and inform him accordingly.

It falls out here that he insinuates into the Conversation of a Countrey Gentleman that had a very pretty Daugh_ter, to whom he could give Five Hundred Pound Portion. Through his Acquaintance with the Father he finds Op_portunity and Access to the Daughter, and in a little time professes downright Love. Now besides a great deal of Wit and Sense in the Daughter, here was a very Judicious and Sensible Man to her Father, and likewise a very Ingenious young Gentleman her Brother, all three to be coped with; insomuch that the highest of Pru_dence ought to be used to manage the Amuzement, and fence off all Curiosity and Enquiry, which (considering how near London lay) might dash the whole Plot. For that purpose he no sooner declares his Passion, but at the same time he utterly abjures all pretensions to a Farthing of Portion, (if he may be so happy as to succeed in his Love) that truely his Affairs and Circumstances are far above so poor a Thought. Whatever her Fathers Good_ness did or might have intended for her, he is free to keep for the bettering the Fortune of so hopeful an Heir of the Family as the young Gentleman her Brother: It is enough that the possession of her dear Person is all his Am_bition, and if after all his prosperous Ventures both at Sea and Land, to Crown his Felicity he can but carry this last dear Prize, he has all he wants in this World. Nor is Beauty the only Charm he finds in his dear Mi_stress, her Vertue is her most captivating Perfection. A_las, if he had sought either Face or Fortune, those were to have been found nearer home, and possibly, where he was better known, viz. in his walks upon the Exchange, and thereabouts, whatever personal wants he had, how_ever his other Qualifications would have made him no hard Access to very considerable Fortunes. But as his Natural Jealousie of Town Beauties had all along made him somewhat colder in the choice of a London Wife, he declares that the vanquishing of his Heart was reserved only for some sweet Countrey Innocence, which truely he had never met with till now.

This Declaration carries a very pleasing Face every way. Here, the Daughter for her part has the Heart of a Rich Merchant of such vast Estate, that her inconsiderable Portion is not worth his Acceptance, and conse_quently if she can like the Man, she has all the Reason in the World to Embrace the Addresses of so qualified a Sue_tor. Here are Father and Son likewise under no occasion of complaint, for one is like to save Five Hundred Pound by the Bargain, and the other to get as much. And therefore 'tis a Match they ought not to oppose. And to put all suspicions out of their Head, what Reasons have they to mis-doubt his being the Man he pretends, for he had then a pretty many years upon his Back, and there_fore unlikely to commit so boyish a Folly to take the Luggage of a Wife with never a Groat with her, unless he had wherewithal of his own, to supply that Defect. Be_sides, here was all the Appearances possible both of Ho_nour and Honesty in his Daughters Inamorato, for more and above the daily management of his Discourse, and his prompt Answers and Insight to all Affairs in the World, which discovered a Person certainly of publick Business, his Port and Figure he made amongst them, together with the Grandure of his way of Living, con_firm'd their intire Belief and Confidence. And to conclude all, who cou'd suspect a Counterfeit that would Cheat for nothing.

During his Courtship he presented his Mistress with a very Rich Gold Watch, and as he gain'd ground not only upon her, but went a great stroke with the Father and Son, who were mighty inclineable to the Match; at last he pusht home, and gain'd the Consent of all Parties concerned. The Father and Son were of Opinion that they should all go to London, and the Wedding and Bed_ding work should be all done there at his own House in the City. With all his Heart replyed the Spark, only one Inconvenience attended that Proposition. For it would be impossible for him to Marry in London without dragging a great deal of noise and trouble at his Heels. For unless he would disoblige more than a Hundred Emi_nent Citizens, his particular Friends (which in Honour he could not well do) he must be forced to make a pub_lick Wedding of it, and so draw on a great deal of Cere_mony and Hurry, which truely, (might he be chuser) did not agree with his Inclination. Nevertheless, if they so pleas'd, he was ready to acquiesce to their absolute Commands. But otherwise, for prevention of all that, if he might direct, he would desire to divide his Blessings between the Countrey and City, viz. have the happiness of Marrying her in the Morning at Slough, and then have the Honour of their good Companies with him to Lon_don, and there Bed her at his own House.

This appear'd so highly reasonable, that three places are order'd to be taken in the Windsor Coach to Morrow for London, and the Marriage to be Solemnized Early be_fore the Coach sets out. And accordingly our Lovers, who wake with the Lark, are the next Morning devoutly join'd together. When the Nuptial Rites were perform'd, and a small Collation prepared before setting out, he pub_lickly again declared his Protestations against all pretences to a Portion. However as he had now taken the dearest Creature in the World into his Arms without any such Claim or Pretension, and the longest day of his Life he should maintain her to the highest Dignity and Grandure of a City Merchants Lady, as much as if she had brought him Thousands of her own to do it with, yet as perhaps there might be some Wedding Garments, and other small matters wanting suitable to His Bride, he durst not pre_sume to make her any Present of that kind, lest possibly it might be some little Indignity and Reflection upon Her own Honour in accepting of any such offer; and therefore that part he left to her and her Relations pleasure and dis_cretion. His putting them in Mind of that necessary point, appeared more like a piece of Gallantry than any thing else from him. And thereupon both the Father and Bride take a whisper privately together, and immediately the Clo_sets and Cabinets were rumaged, and near a hundred Gui_neas muster'd up, and stowed in a small Casket to carry with her to London, to rig her in all ample manner ac_cordingly. As they merrily Travel along, the Father, Bride and Brother in the Coach, and the Bridegroom en cavalier Riding by, taking a little start before 'em upon Hounslow Heath, he comes back furiously Galloping to the Coach side, and with much concern bids 'em have a care for he was certain there were Highway men before in the Road, and he much feared the Coach would be Robb'd. This put the Travellers into some small fright, and all of 'em (for the Coach was full) into a very great Care how to preserve the small Treasure they had about them. Nay Gentlemen, replies the Spark, for that small matter I have about me, I fear not all the Thieves in Christendom to take from me, for though I profess my self no Sword-man to Fight for it, yet I thank God, I have a Horse has such a pair of Heels as I defie any Man in England (especially upon this open Plain) to out-ride me. This Hint made the poor Bride immediately Request his securing some small things of hers, and thereupon she gave him her little Casket, and her Gold Watch to carry for her, withal desiring him to speed off the safest way he could, and tarry for the Coach at the Red Lion in Brent_ford; Her prudent Example encouraged some other Pas_sengers in the Coach to desire him to do them the like Favour; one Lady in the Coach desired him to secure a Diamond and a Gold Ring of hers, which she took from her Finger; another Gentleman clapt a Purse of near twen_ty pieces of Gold into his Silver Tobacco-box, and be_sought him to give it Sanctuary in his Pocket to Brentford. In short, some other small matters were presently entrusted to his Protection and Preservation; and so being desi_red to troop off with all speed, and to meet 'em at the ge_neral Rendezvouz aforesaid, our Merchant puts Spurs to his Steed, and the Coach trundles leisurely after him.

At Brentford they arrive safely in some little time after, and making a halt at the Red Lion, inquiry is made if a Gentleman so mounted, and so drest was there. No; an_swer was made, no such Man was there; but upon exa_mining the Horse and the Rider they had described, that very Gentleman, about half an hour ago was seen to Ride almost full speed through the Town towards London.

The Bridegroom so strangely out riding his Stage, put the whole Company into some little Consternation, but the Bride more especially, it being a matter of no mean sur_prize to her to have a Bridegroom so unkind, or so frolick_some at least, to Ramble away from her on her very Wed_ding Day in so odd a manner. A great many several Dis_cants were made upon it by the whole Company; but as all of 'em happen'd to be some small Neighbours to Slough, and had either converst with this Honourable Merchant during his Abode there, or at least had heard of his Fame, it was concluded of all Hands 'twas only intended as a Jest, and so they all moved on towards London, not doubt_ing in the least but to find it so.

When they arrived at London, the young Lady as Guar_rantee for her Bridegroom, though she could not well in_vite 'em with Convenience that Night, besought all their good Companies to Morrow at Dinner with her at her House in Limestreet, there to call their Trustee to an Ac_count, and to laugh out an Afternoon with her upon their Travelling Adventures.

Having thus dismist their Fellow Travellers; a Hack_ney Coach is taken to drive to Lime-street. When they came there, and such a Merchants House was asked for, a Name very like it was found in that Precinct, but both the Gentleman and House they inquired for, were utter_ly Strangers to all the Inhabitants round, and neither that Night nor next whole Day could give 'em any Tale or Tydings of her new Husband. However in all this utter Darkness, as she is left in Ignorance, she has the Comfort to be left in Innocence too, for thanks to her kind Stars there was no Consummation in the Case, as much a Wife as she is, she is a Virgin Bride at least, and as much cheated as they have all been, our young Spouse has the satisfaction of that single happy Escape to counter-bal_lance all the rest of her Losses. What Reparation our fair Promiser made to her Fellow Sufferers in the Coach our Story mentions not, but the Father, Son, and Bride re_turning by weeping Cross, they found this Farewel Epi_stic at their Arrival at Slough.

My Sweet Bride,

AY too sweet, God wot, to be so lost. Had we but con_summated, my Chicken, had I but got the Virgin Toy, signed and sealed, my Sweeting, it had been a Prize worth all the other Treasure. But my hard Fate had otherwise de_creed: And I must e'ne sit down by my losing Bargain. But my Dear, notwithstanding my abrupt parting, prethee do not conceive hard Thoughts, nor fancy me a Masquerader: for though my House is removed from Lime-street, upon my honest word I am a true Merchant, and have hook'd in my Venture. Pray Comfort your Condoling Fellow Travellers, and assure 'em their Moveables I took into my protection are all very safe, and that I shall take all possible care in per_forming my Trust in keeping 'em so. And now Child, if thy Defeat of a Bed-fellow should set thee a Gog for a new Hus_band, for thy Consolation let me tell thee that I am fairly drawn off to make room for a happier Successor; & at thy next Prayers for a Man in thy Tables to fill up the Blot I leave o_pen; thank Heaven thou hast scap'd so well, for thou hast received the first Mercy I ever shewed thy Sex before; and so Dear Widdow'd Turtle, farewel.

This Adventure so luckily concluded, our Wise-Mer_chant takes a little Recreation in London, and then tired with Ease and Idleness, he thinks it high time to look out for new Game. His Rambles have hitherto mostly lain Westward, and the Success he has gotten there, in_vites him to try his farther Fortune a Field the same Road. Down therefore his Galloper and he set out, and meeting nothing in the way worthy his Atchievement, he fixes at last at the Town of Wells. Here he is a Countrey Gentle_man again his Name Bowyer, Brother to Sir Charles Bow_yer. This Town happily afforded a Boarding School for young Girls, where the Fair Recluses generally are not altogether Nuns Flesh, and where notwithstanding the watchful Oversight of those Guardian Dragons the Go_vernesses and Super-Intendants, Love too often leaps the Pale, and many a bold Jason very luckily moves off with a Golden Fleece.

At this Castle 'tis resolved our next Batteries shall be le_vell'd; only all the hardest work here is the making his Approaches. For that purpose he inquires first, who and what the Fair Inhabitants are, and the like; where he is soon inform'd of several considerable Fortunes amongst 'em; but most of 'em either under Guardianship or Pa_rents, and though allyed to pretty considerable Effects, the Lash is in Hucksters Hands. The carrying the Damsel, will not finger the Gold, and our Business being only to snap and away, a lighter Cargo than those unweildy Portions does our Job. And accordingly he discovers one just sizable for his Turn. A Tradesman's Daugh_ter, her small Portion about 180l. and all in her own Hands, or at least in her own power, her Parents and Friends all Dead, and therefore at her own disposal, and likewise something of the Elderlyest for a School-miss, being indeed about 20 years of Age.

'Tis resolved then to fix here; And, for a handsome Initiation, his first Attacque is onely from his Eyes; he sees her first at Church, where his whole Devotion is so intent upon no other Object, that he gives her occasion to observe him. His Gentile Equipage, and, in a Stran_ger too, might very well draw some Eyes in a Countrey Congregation; and this young Devotees were not so wholly tyed to her Prayer-Book, but hers might rove a little: she no sooner saw him, but she met a very Passio_nate and Long wishing-Look returned her: if her Curio_sity peep'd a second time, she found him in the same po_sture, his Eye never off of her. And this he continued Forenoon and Afternoon, in such a manner, that it was impossible, even for Indifference it self, not to Remark him.

Next morning he makes some means to get the Com_pany and Ear of one of the Sub-Governants of the School, a Matronly kind of a Tutouress. He cannot tell what Malleable Mettal she's made of, and how far she may be tempted to betray a little Trust. However he resolves to try. And if she be to be shaken, at least he'll use the most Perswasive Arguments to Assail her.

Accordingly, having first beg'd the Favour of a full Hearing, he begins to lay open his Case in manner following. First, he discovers his Birth and Quality, a Brother of the Honourable Sir Charles Bowyer. Se_condly, Though a younger Brother, yet provided with a Plentiful Patrimony to keep up the Port of a Gentle_man. Then, that yesterday at Church, he had seen the onely Sweetness upon Earth that he cou'd truly Love: That it was some Extraordinary Destiny that had brought him thither, to lose his Heart to so Lovely a Creature: and then telling his Name (which his Love had made him inquire into) the present Suit he had, was, to obtain the Conversation of that Sweet Gentlewo_man, that he might have the favourable opportunity of declaring his Passion to her; which Access, understand_ing the strictness of the Family in which she now lived, and under what Confinement she lay, he had no hopes of accomplishing, but through her Means: and, that if she would vouchsafe to be the kind Instrument in gain_ing him his Request, he should not onely be bound to her the longest day of his Life, but likewise make her a Gratification suitable to so signal an Obligation. The Gravity of our Tutoress seem'd a little Surprized at this Motion; But, before she cou'd make any Reply, he con_tinued his Supplication to her; By telling her, That for Heavens sake she would believe his Intentions to the young Lady were nothing but Honourable, that had his Designs been so wicked, as to aim at, or over_reach any young Fortune in the House, as such he un_derstood there were several there, he should be the greatest of Villains. But, that Love, and onely Love, was his Design, was manifest in his Addresses to this young Gentlewoman, who (as he was inform'd) was but a Tradesman's Daughter, of little or no Fortune, or at least very inconsiderable to a Person of his Circum_stances and Birth; and therefore she had all the Reason in the World to believe him a Person of Honour and In_tegrity; and 'twas as such he desired her to serve him in the Request he had made her. She hearing him protest so heartily, and profess so honourably, cou'd not but be a little attentive to so Reasonable a Suit. But being her self a Woman of Principle, and naturally faithful to her Trust, she could not forbear making him this Answer: Sir (says she) you have the least Reason in the World to seek my Assistance in this matter; for if you are that Lover, and that Gentleman you profess your self, your Quality and Pretensions to this young Woman are suffi_cient to make your own way to her, without wanting my help. What need has a Gentleman of your Fortune and Honour to seek to a poor Servant as I am, to intro_duce you so meanly, as a private Suitor to this young Maid, when you have it in your own Power to make a more Publick Declaration of your Love; and undoubt_edly, so Qualifi'd as you are, have all Encouragement to hope for Success? If you please therefore, I'll tell the Governess, and when she shall have examined all things requisite to the discharge of that honest Duty as the Tui_tion and Care she has undertaken shall require of her; she will be so far from opposing your Access, that certain_ly you may expect all the fair Reception your own heart can wish. This Answer being not the present point we must gain, our Squire (before prepared for a Reply) seem'd extreamly pleased with her for her Fidelity. That truly she was highly to be commended for so Conscien_cious a Scruple, as to the admitting of a Stranger, as he was, to any thing under her Guardianship. And that truly the Advice she had given him was but very Reason_able; And that if he should make open Love to this young Gentlewoman, he might possibly have hopes of succeeding. And really it was the onely Course he would take, but for one onely Obstacle, which was, that though indeed, as a younger Brother, he had above 300l. per an_num already in good Land of Inheritance, a Competence sufficient to maintain a Family indifferently well; yet as he was next Brother, and indeed as the presumptive Heir to Sir Charles, an unmarryed Man of Thousands a year, and was at present transacting with him about a considera_ble Addition to his Estate, and other very eminent Friend_ships expected from him, he was under an invincible ne_cessity of making an Amour of this kind, one of the great_est Secrets in the World, lest his Marrying so inconsidera_bly might lose him his Brother's Favour, and thereby de_feat so advantageous an Expectation. Not but he Loved the young Creature enough to run a thousand times grea_ter hazards for obtaining so sweet a Blessing: but, howe_ver, What Folly and Prodigality would it be, to expose so main a part of his Well-being to so dangerous a Ven_ture, when there was so little occasion for it? For he, could he reach so great a Blessing, as to obtain her for his Bride, yet it would be worth his while to make both his Woing and Marriage, for some time, an absolute Secret, for so valuable a Consideration. And he, that resolved to enter into Matrimony, was, in all Duty, bound to take the best measures to make a Married Life comfortable, by making the best provision to support it with Cre_dit and Reputation. And therefore 'twas, that he was forced to supplicate her private Assistance in the Affair, which she could not well blame, under so important a Cir_cumstance; and therefore stealing a brace of Guineas into her Hand, he once more intreated her to gain him some Admittance to the young Ladys conversation, as silently as possibly her Goodness could contrive. I cannot tell, whether the Arguments of the Gold, or both together pre_vail'd, but to shorten the Discourse 'twas agreed that E_vening an Hour after Sun set that he should come to the Garden Back gate, which was accordingly done.

And not to tire the Reader with the Narration of the Wooing, let it suffice that he obtain'd three or four pri_vate Meetings, and a little Courtship well managed pre_vail'd and conquer'd. By the Assistance of this Matronly Confident, the Business is concluded, and the Girl steals out one Morning and Marries him. He had not been long Married, but continuing the old plea of silence and secresy so necessary on his Brothers Account, he gets her to call in her small Portion, for her own use, making it his free Wedding Gift, all to be disposed in buying her Cloaths, and the like. And so makes all speed to London with her. At London he provides her a very Genteel Lodging, still leaving all her Portion in her own Custody. He had not kept her Company two days in Town, but he comes home in great haste and surprize, telling her that his Bro_ther by some Accident or other had heard of his Marriage. But as 'twas impossible he should know what Woman he had Married, he had one favour to beg of her which she must not deny him, which was to pretend her self to be a young Devonshire Lady of such a Great Family, and such a Fortune: By this means he should win his Brothers Heart, and hasten that additional settlement, and the o_ther favours he expected from him; and tho' indeed it was a little piece of Fraud, which truely he was never guil_ty of before in all his whole Life, yet considering the Ad_vantage so innocent a Deceit might gain 'em, he conjured her by all their Loves to joyn with him in it, and carry on the Mask till he had gain'd his point. The poor Crea_ture soon perswaded consents to his Request, promising her acting the best part she could in the Disguise, since it was his Pleasure and Command to have it so.

Having obtain'd her concurrence in it, he tells her these Lodgings were too mean for a Woman of her Birth, and therefore he would presently take her a fine House at Greenwich four Miles out of Town, and have it furnisht suitable to his and her Quality.

At Greenwich a House is instantly provided; and what by the pretensions of this great Match, he strikes in with a confiding Upholster for a Rich Bed, Tapestry Hangings, and very sumptuous Furniture in most ample manner. Nay, he carries it on so far as to gain Credit for several Hogsheads of Wine, which were likewise wafted down to Greenwich. The young Wife all this while seeing him make such splendid Provision for her, never in the least suspected him for less than high Quality, and indeed was utterly ignorant that all this Gallantry was taken up upon Trust, and mostly rais'd upon the noise of her vast Devonshire Portion that was very speedily to pay for all.

After this Countrey House was thus Richly set out, pre_tending Business one Morning early to London, he returns again between Ten and Eleven in great haste, saying, that truely he had occasion for about an Hundred Pound, and having laid out more Cash than his Returns from his E_state in the Countrey could at present supply him, he de_sired her to accommodate him with that Sum out of her Money, which in a Fortnight at farthest should be made her up again. The poor Girl very readily gave him the Keys of her Closet and her Cabinet, desiring him to take what he wanted. Immediately he goes to the Treasury, and not having leisure to stay to tell out the Sum, he took the whole Bag, which in Silver and Gold was about 140l. which he would tell over at London, and bring back the Remainder, whither he desired her Company along with him in the Boat that staid to carry him back. Yes, with all her heart, if he would please to stay till she drest her self, being then only in her Morning gown. No, by no means, he replied, no matter for dressing her self, she was well enough drest for that little Com_pany she should see to day. And so without farther Ceremony she trips into the Boat with him, and so away to London.

When he came there, and had fix'd her at her Old Lodgings, he desired her to have a little patience till his return from Lombard-street, where he was going to pay this Money: but before he went, giving her a kind Kiss or two. Lord, my Dear (says he) this plain Wedding-Ring upon thy Finger is too poor for My Wife! I am going to pay this Money to a Goldsmith, and prithee give me thy Ring along with me, and I'll put a Diamond into it.

The Ring upon so good an Account was presently deliver'd him, and a very low Courtzy dropt him for the promis'd Diamond. Away goes Husband, Mo_ney, and Ring, and the Wife staying with her old Land_lady, waits for the return of her kind Spouse; After a great deal of patience pretty well tired, and many a sigh to pass away time, Evening at last draws on, and no Husband appears. To Greenwich she dares not return, 'tis now too late at night, and too dangerous travelling so unseasonably. And so taking a soft Bed, but a hard Night's rest in Town, she gets up early the next morning for Greenwich, where instead of Husband or House, she finds the Furniture, Bedding, nay the very Wine in the Cellar all carried off, and so nei_ther Husband, Money, nor Cloaths, but the loose Undress she had upon her back; she is left to a whole Deluge of Lamentation, and the King's High-way fair open for her to steer back to Wells, or what other Hospitable Coast she could find in the wide World before her.

This Marriage-Trade thriving so well with him, he left it not off till he arrived at the number of 18 Wives; in which several various Cheats and Dis_guises were practised according to Time, Place and Circumstance. At Kedderminster he past for Sir Charles Bowyer's Brother again, and there married an Inn_keeper's Daughter, from whom he hooked out several Pounds, besides spunging upon her Father: where he continued a very considerable time; and wrought him_self into that intire Credit with his Father-in-law, that when some of his Neighbours made bold to ask him, How he could repose so much Confidence in a meer Stranger; and after his Daughter had been so long married to him, to make no Inquiry into him all this while? Inquiry! (he replied very briskly) trouble not your heads about that Business. I am very well satisfied in him, and know well enough what he is. His Wit and Breeding, and a hundred other genteel Qualities, sufficiently assure me: Nay a Gentleman he must be most certainly, for I have observed him, he will never dine without a Bottle of Wine.

In Holbourn he courted a Rich Vintner's Widow (but there he was a little higher advanced into the Honourable Family of the Bowyers, for then he was Sir Charles himself) and so far tickled her out of her small Reason, by the high sound of a Ladiship, that the Wedding-cloaths were making. Nay he took her along with him to a Goldsmiths in Cheapside, to bespeak a very large quantity of Plate, amounting to about 200l. No sooner did he enter the Goldsmith's Shop, but he kindly shook him by the hand, and gave him so many familiar How-de-yees, as if he had been his long and intimate Acquaintance; where bespeaking so much Plate, and such a Coat of Arms to be engraved upon it, the day was set when it was to be call'd for. Before that day he was to receive 600l. from his Ste_ward in the Countrey, which he had sent for up to pay for this Plate, and other necessary Nuptial Ha_bilements. But the Day drawing on, a Letter comes up by the Post from his Steward, intimating, That amongst all his Tenants he could at present raise but 150 of the 600l. he desired, and truly that small Pittance he did not think fit to return up, till he could make it a larger Sum, &c. This Letter was received in his Mistresses presence, and the Knight so enraged at his Steward's neglect, that he fell into a very great passion to be so defeated of his Expectation, especially at so critical a Juncture. The kind Widow seeing him so concerned, desired him not to be troubled at it, for if his present Occasions required, she was very willing to furnish him with it; and in fine, lent him 200 Guinea's to fetch home the Plate. But neither was the Plate sent home, nor Knight or Guinea's ever seen after_wards. The Widow somewhat impatient, trips away to the Goldsmith to inquire if he had been there, and being answer'd in the negative, she ask'd him if he were not acquainted with Sir Charles? What Sir Charles? Sir Charles Bowyer that bespoke the Plate. Truly not he; for to his best knowledge, he never saw him be_fore that day. How, replies the Widow, never saw him before, when he knew you so well, talk'd so fa_miliarly with you, discours'd of so many Affairs relating to your self, that I durst have sworn he had known you this seven years, and dealt in at least a thousand pounds with you. Yes, replied the Goldsmith, all this fami_liarity he exprest, which as much surprized me as it does you: But it was none of my business to inquire of a Customer how he came so acquainted with my Con_cerns; or why he treated me so courteously at first sight; He laid me down Earnest in part for my Plate, and if 'tis your pleasure to pay me the remainder, the Plate is forth coming. But when, or where the Gen_tleman can be found forth coming, that you know bet_ter than I: for as I told you, he is a Person I never saw before, nor after.

To prosecute the full Relation of all his Wooings and Marriages, would be dwelling too long upon one kind of Subject, and therefore not so divertising to the Rea_der; for which Reason we have selected only these, and the others recited in the First Part of our History, as most entertaining of all his Amours.

After he had accomplish'd near a Score of Marriages, he neatly counterfeited a Bill for 700l. drawn upon an Eminent Citizen; and so well managed all Con_duct and Matters relating to it, that he received the Money. But what with his Wives, and this last grand Cheat, he began to think little England would soon be too hot for him. And therefore buying three very gallant Horses, and Equipage and Accoutre_ments suitable, he got him cross the Herringpond, and went a Volunteer to the Duke of Monmouth, then before Mastricht: His business here was more Flourish and Bravado, than any great Feats of War, any Mar_tial Wonders he intended to perform. In Flanders he made a pretty long Campaign, for he stirred not from thence till all his Money was spent; and at length, when his dwindling stock was so small, that his very Horses heads grew a little too big, for a new supply he converted 'em into ready Money; and when that last stake was almost run out, and he had just enough left to Land him safe upon English Ground again, he returned for London; and there setting in again at his old play of Wiving, he Wooes a Parsons Daughter of 500l. Portion, and by virtue of the great Name of Sir Charles Bowyer, and other winning Arts he used, he Married her, and gain'd so far upon her Father, that he got One Hundred pound in part of the Five, into his clutches. But not satisfied with that modicum, but resolving to gripe the whole remainder too, he takes a House for her at Hampstead, where he lived some time very kindly with her, still plying her Father with all the softest and tenderest management, to hook in the 400l.

But here, as Fortune will not always smile, a turn of Fate falls somewhat hard upon him; his Ludlow, and some other of his old Wives, had unhappily got him in the Wind, and with a full Cry run him down, and Housed him in Newgate.

Here it was (as before mentioned in our first Part) that six of his Wives appeared against him, and at his Tryal he pleaded Guilty to those Six and Twelve more. For which being Convicted, and the Law not reaching to his Life, the Judges were pleased so far to commise_rate the unhappy poor women he had undone, but especially the Parson's Daughter, that they gave her leave to lay an Action upon him of 5000l. by virtue of which, being still detained a Prisoner, he removed himself to the Kings-Bench; Here being kept within the Goal, he behaved himself so winningly, that he gain'd some favour with the then Marshal, and had now and then the liberty to peep abroad. Improving and advancing in the farther good graces of the Mar_shal, he obtained at last that extraordinary credit from him, that himself and Three or Four more Prisoners were one day permitted to take a little Ramble to a merry-making, some little way out of Town; which lucky slip of their Necks from the Collar, they took that wise care to make so good use of, that neither our Sir Charles, nor his fellow Travellers, the Master or Mates, ever returned again. This escape made such a clamour, that 100l. reward was set upon his head, if to be caught in England. But this pursuit soon cooled; for upon the change of Marshal, which soon followed, the Cause dropt, and he had full free_dom to creep from his Covert, and turn Practitioner at his old Craft again; his deliverance being in a manner compleat, and his 5000l. and the rest of his load dis_charged.

After his Heels were at liberty, his Pocket run but low; and he was forced to truckle to little shifts to put him in stock again. His Pranks are scarce to be numbred, nor dare we pretend to trace 'em successive_ly; and therefore we shall not tie our selves up to Time and Order.

For one of his common Feats, he got him a large Seal-Ring, and several other Gold Rings, all variety, as Plain, Mourning, and Enamel'd, value together about 4l. with these, by confederacy, he would sham an Arrest upon himself by a couple of Marshal's Men, and being hurried into some Alehouse, he would call for the Landlord, pretend himself a Tradesman, and House-keeper as far as Wapping, Stepney, or some such remote place; then opening his Grievance, that he was Arrested for 40 or 50s. and being too far from home to send for Money, he desired the Landlord to carry his Rings to the next Goldsmith, and see what he valued them at: The Landlord returns with the Rings, and tells him, the Goldsmith would give something above 3l. for them; upon this, he desires the Landlord to pleasure him with 50s. upon that pledge, and he would come himself or send (by such a Token) the Money the next day, and redeem them. The Landlord ready to aid a man in his distress, in so reasonable a request, Lends the Money, whilst instead of the Gold Rings, he puts the Legerde_main, and leaves him a set of Brass ones well Gilt, shaped, Enamel'd, &c. to a tittle, in every point resembling the true Rings; and worth about Half-a_Crown.

One day about high noon he came to the Poultrey_Compter Gate, wanting a Serjeant to execute an At_tachment for him: so giving him his Instructions and Fee, he desires him and his Yeoman to follow him to such an Ale-house in Leaden-Hall-Street, where he would wait for 'em. To the Ale-house he goes, and takes a Lower Room which look'd into the Street, where calling for a Tankard of Ale, and soon after spying the Bum and Follower approaching, he whips out of his Codpiece a Pewter Tankard, slaps the Drink into it, and returns the Silver one into his Breeches. As soon as they enter'd, and ask'd him for the Gentle_man, he told them he would cross the way, and see if he had dined yet, and come over, and call 'em imme_diately to do their Office. Out he trips, and there be_ing a Thorough-fair over the way, neatly conveighs himself off; till at last, the Serjeant waiting beyond his patience, calls for the Landlord, and desires him to fill the Tankard again. Fill the Tankard (quoth the Host) what Tankard! This is none of mine. My Tankard's a Silver one. How, a Silver Tankard (re_plies our Mancatcher.) This was all the Tankard in the Room since he came there. That wont serve turn: Their Comerogue and Confederate that had left 'em, had a Tankard of him, price 6l. 10s. and Tankard, or so much Money must be found before they parted. A great many hard words rose on both sides; but in fine, the Attacher himself was now under Attach_ment, and moved not off, till a Reckoning of 6l. an Angel, and some odd Pence, was discharged.

At Woolwich he pretended to be a Doctor of Physick, and profess'd an infallible Remedy he had for the Gout. A Gentleman, an Inhabitant there, long afflicted with that Distemper, retained him as his Physician: But his grand Receipt requiring a Fortnights Preparation, he squeezes some Mony out of him for Materials to the Ope_ration, and puts several Earthen Pots, with the pre_tended Ingredients, for Fourteen Days under Ground, against which time the expected Effects were to be pro_duced. But it so unhappily fell out, that before the E_lixir came to perfection, he was arrested by the Name of Bowyer, and thrown into the Marshalsea. The Fourteen Days expired, and the Doctor in durance, the Patient made bold to dig for the Treasure, and examine the Pots; where, to his great Satisfaction, in each Pot he found about half a dozen straggling Maggots, which indeed was their whole Contents: But what Cures they wrought, our History mentions not.

Between five and six Years since, he tries one Touch more at Marrying, but truly not so high a Flier as for_merly, he contents himself to lay Siege to Nan, the Cook-Maid at the Castle-Tavern at Fetter-Lane End; and to attack her in no less formidable a Figure than the old Sir Charles still. So Worshipful a Matrimonial Suitor (you may imagine) tickled her not a little, for the Title of a Ladyship could not but make a strange rumbling in a Kitchin-stuff-pot. The poor Girl was soon inclinable to listen to such potent Love. Our Sir Charles makes quick work on't; and though her kind Master and Mistress daily laugh'd at her for fancying him in earnest with her, Our Lover was so well furnish'd with Rhetorick to set her to Rights again, and so absolutely persuaded her that he meant nothing more than to marry her, that at last she contrived to feign her self sick, whilst her Knight, un_der pretence of a Condoling Visit, was to steal her down Stairs, and march off with her. This Plot taking effect, he kept her out ten or twelve Days; in which time he wheadled her out of all the Mony she could raise in the World, being about the Summ of Twelve Pounds: But when he had drained all he could get from her, at last he began to grow so cold to her, that he denied her one Morning a Pennyworth of Milk; which being no longer able to bear, she returned to her Master with a very sad Heart, much wailing the Barbarity she had received, and the Ruin she suffered. At the Return of poor Nan_cy, the Knight was flown; and though unsuspected be_fore, now her Master and Mistress with good Reason be_lieved him a Cheat; and being concerned for vindicating the Injuries of their Servant, they dogg'd him at last in_to White-Friars; and fetching him out thence by a Con_stable and Warrant, he was committed to Jayl, tried for an Impostor, and stood in the Pillory before their Door.

One very notorious Cheat, was much in use with him, within a 12 Month last past. For instance, he comes one Morning to an eminent Tavern in Holborn near Hat_ton Garden end, his Habit a plain Country-man, with a Oyl-skin Hat, a shabby Perriwig, a large buff Belt round his Waste, a pair of Boots without Tops, a Whip in his hand, and a hundred Pound bag under his Arm: Here he bargains for a Hogs head of Sack to be sent into the Country; whilst the Carman is loading his Wine, he pretends very urgent Business he had to do, before the Carrier goes out of Town; insomuch that he cannot well stay, and pay for his Wine; for which reason, he desires the Master to lay up his bag of Mony for him, till he can call in the Afternoon, and reckon with him; but first taking out (for a blind) a handful of Mony, be_tween thirty or forty Shillings for present occasion, he seals up the Bag again, and leaves the rest in the Vint_ner's hands.

And now resolved to play the good husband, and do two Jobs with one trouble, whilst the Car is loading, he goes to a Linnen-Drapers in Newgate-street, where he buys a parcel of Linnen near 30l. and as the Carman comes by, he packs up the Linnen, and mounts it into the Car. Here pretending his old haste, with another hundred pound Load under his Arm, he plays the former Prank, and gives the Draper the Bag too. Now no Country_man coming to reckon (as promis'd) they both make bold the next day to unseal their Treasure, and see what Security they had in their custody; when to their great surprize, they found a parcel of new Half pence stowed round the Bag, with a lesser Bag in the belly on't, fill'd with fragments of old Iron. This Prank was hitherto pretty well carried, but Fortune of late Years a meer Jade to him, had a very unhappy After-game to play him: For the Vintner and Draper happening to meet to_gether, to condole Losses and confer Notes, they chan_ced to remember, that one of the Carman's Steeds, was a remarkable pie-ball'd Horse. Hereupon making inquiry amongst the Fraternity of Carmen, by the Marks and Tokens of that Horse, they found out the very Man that drove off the Chattels; who what by Threats and other perswading Arguments, they prevail'd to lead 'em at last to a House in the Mint, where the Wine and the Drape_ry were both lodged. Here they made a shift to reco_ver the whole Prize, excepting about five Pounds worth already embezell'd, being pretty well content to sit down by no greater loss.

In much the like manner, and much such a Habit, he came to a Cutlers in Fleet-street, and leaving such another Bag there, under pretence of showing some Swords to his Master at a Coffee-house hard by, he carried off three silver Swords.

For the same Feat of activity, he came to a Coffee_house adjacent to Pater Noster-Row, where the Master of the House was a Tayler, whose Company and Advice he intreated, desiring him to go along with him to some of the Mercers in the Row, to look upon some rich Silks which he wanted, for a country Gentleman's (his Master) and a young Ladies Wedding cloaths; the Tayler in kind_ness, handed him once or twice to several Shops: But one Morning, leaving his Bag behind him at the Coffee_house, he went alone to a Mercers, a corner Shop in the Row; where he cheapning some rich Stuffs, flowr'd with Silver and Gold, a Haberdasher of small Wares passing by, and happening to set Eye upon our Chapman, made bold to lay hands upon him, and carry him off to the Cock in Amen corner; his Charge against him was, for leaving him the Bag too for about thirty Pounds in small Wares. But noise and crowd coming about him, fearing that other Complaints might appear against him, and so load him heavier than possibly he might be able to stand under, our Haberdasher wisely resolving to take care of no body but himself, danced him from house to house, till his country Chapman could raise Effects to make him satis_faction; and so having with much ado, hooked in his own Bet, he turn'd him loose agen, for the other open mouths against him, to take as fair a hunt for him, as he had done. After this mortifying Adventure, whether out of a principle of Modesty, a Virtue not often in fa_shion with him, or some other forgetfulness, the Bag left in the Coffee-house was never call'd for from that day to this; and keeping of it about three months sealed, at last they ventured to break it open, in which they found a_bout six Shillings in new Half-pence, and a lesser Bag fill'd with pieces of old Iron, a great deal of which, as me_morials of his Renown, they have kept by 'em for Re_licks.

About the Year 1672. he pretended to a great Estate in Northamptonshire, and carried it on so far, as to borrow four hundred Pounds upon the Mortgage of it, of a Hamp_shire Gentleman. At Hannington likewise in Hampshire he married a Ministers daughter, and enter'd into Bond and Judgment of a Thousand Pound to Jointure her in fifty Pound a year; by which he got Two hundred and fifty Pound, out of her Father, as part of her Por_tion.

In Piccadilly about three Years since, he went to a Horse-Coursers to buy a Horse, and after he had bar_gain'd for, and bought him, he desired to back him to try his Goings, and rode off with him, before the Horse_Courser's face, and sold him in the Country for four Pounds.

To conclude with his Frauds and Impostures, (besides the grandest and boldest of 'em all, That he left the World in,) he was charged with one Cheat after his very Death. Amongst the numerous Visitants that came to see him that Week that he lay above Ground, it happen'd that a Man and his Wife, living at White-Chapel, pressing in amongst the Crowd of Gazers, immediately remembred his Face; and seeing the Clothes there which he wore be_fore he died, he presently owned himself the Taylor that made 'em; and that they were not only unpay'd for still, but likewise he was cozen'd out of 'em by one of the lewdest Shams that ever was put upon Man. Upon which, he repeated the whole Story at length, viz. That about Bartholomewtide last the now Deceased came over Night, and took a pretty handsome Lodging at White-Chapel, pretending himself newly come up by the Stage-Coach, out of the Country, his Name Bowyer; and desiring his Landlord to help him to a Taylor, 'twas his ill Luck to be the Man that was sent for. When he came to him, he found him in a thread-bare black Coat, and very much in want of Repair. He had not talk'd with him long, before he was desired to take measure of him; and whilst that was doing, up came a Foot-man in a gen_tile Livery, and paying him much Respect and Reve_rence, told him that Sir John, his Master, desired his Company at Dinner. At Dinner! (answers our thread_bare Spark,) No, 'Faith; he must excuse me: I am not in a pickle (Pox of my Dog-Rogue) to stir out of Doors. No, Sirrah; these Rags upon my Arse are no Dress for Dining at White-Hall. And so, pray, go tell your Master, that I am forced to keep my Chamber at present, for I have been robb'd since I saw him last Night. The Foot boy presently ask'd him, By whom? By a young Son of a Whore, a Foot_man of mine, the Devil go with him. And so desiring the Boy to carry the whole Relation to his Master, he tells him very formally, "That sending his Boy last Night to the Carrier's for his Trunk, in which were two Suits of Clothes, all his Linen and Point, and fifty Pieces of Gold, the Rogue was run away with it: And though this old Suit upon his Back serv'd him well enough to come to Town in, Sir John must pardon him if he durst not stir out till he was a little better rigg'd. The Foot_man making a long Scrape, and departing with his Mes_sage, our Country-Squire gave a hundred hard Names to this Run-away Man of his, threatning a great deal of Vengeance if ever he caught him; for Hanging was too good for him. Whilst this Alarm held, there came another Visitant to our Esquire, and told him, He hoped he had drawn it up to his Liking. So the Man producing a Paper, the Esquire took it, and read it; which was a long Advertisement to be put into the Gazette, describing the Marks of his Man, and five Pounds Reward to him that should apprehend him. So having read it out, and approved of the wording of it, he put his Hand in his Pocket, and gave the Fellow ten Shillings to pay for En_tring of it, giving him a strict Charge to be sure of get_ting it into the next Gazette. After this, he began to treat about his Clothes, which he desired might be nei_ther rich, nor gaudy; for he was past those Vanities. The Taylor accordingly, by next Day at Noon, brings him his Clothes, his Bill between five and six Pounds, which, truly, he must be forced to stay for till next Week; for the Villain and Thief his Man, had put him out of mony; but he had sent down last night by the Post for new Supplies, and by the middle of next Week, should be furnisht, and pay him very thankfully. The poor Taylor, not in the least doubting his money, was very well satisfied, for he was sufficiently convinced, that he was a Gentleman of Fashion, and hoped to find a good Customer of him. But no sooner were the Ac_coutrements upon his Back, and he had now liberty (no disgrace to his Gentility) to walk by Day-light; his first Progress is down to Sir John's at Whitehall, who was belike, so fond of his Company, that he would never let him find the way home again; for from that Hour, nei_ther his White-chapel Landlord nor Taylor, cou'd ever set Eye of him.

And now to give him a little farther Visit at the Ba_ker's (the Hospitable Roof under which he finish'd his last Master-piece) and lend the Reader some few farther Observations than those our First Part has furnish'd; more and above his own Personal performance in that grand Masquerade of the pretended Captain Wickham, Several Accidents both before and after his Death con_tributed much to corroborate and support the Impostor. To instance one remarkable one; his kind Landlord sending for the worthy Dr. F&horfill; to take care of him in his Sickness, he ask'd the Doctor if he did not know him, or had never seen him before; which the Doctor (as with good reason) not well recollecting, our Patient was pleas'd to remember him, that he had the honour to Dine with him such a day, in such a year, when the Doctor was Mayor of Gloucester. Now it happening that that very day the true Captain Wickham had really Dined with him at Gloucester: the Doctor who was not much acquainted with the true Captain, and thereby not ready to Distinguish Faces, yet very well remembring such a worthy Gentleman one of his Honourable Guests that day in his Majoralty, was very ready (upon so con_vincing a Circumstance) to swallow the juggle, and to acknowledge him the Person he presented, which very much influenced the Credulity of the Family.

The Monday, the next day after his death, a Noble P---r attended by several Persons of Honour, came to see the Body, and was so satisfied in his being his Country Neighbour, the true Captain Wickham, that he question'd the Family why the Coroner did not sit upon him; upon which being answered, that such a Physician took care of him, and that besides, the honesty of the House in which he dyed, gave no occasion for any such reflecting enquiry into his death; his Lordship was pleased to re_ply, that if he was not Murthered, he must certainly die Mad, it being impossible that in his right sences he should give such extravagant Legacies to meer Strangers; nor would his Lordship be satisfied, 'till he consulted both his Bodily and Ghostly Physician, his Minister, and the Doctor, about his outward and inward Man, &c. Ano_ther very confirming Credential happen'd. viz. A grave Citizen of London, a near Neighbour to our Capital Cathedral, who likewise inspected the Corps, was pleased to say, he had Fifty Guineas in his Fob, and wou'd make them an Hundred, with any Man, that it was Captain Wickam. Nay, Mr. T&horfill; the Proctor was so con_fident of his Integrity, that he deposited five Guineas with the Baker's Wife, to a Wager of five more, to buy him a Pair of Gold Fringe Gloves, that he was the true Captain Wickham; and not only so, but made two Wa_gers more with her, of two Guineas each, upon the same Fund. Which Wagers she was so unwilling to lay with him, as being her self so confident of his Truth, that she gave 'em for lost: Nor had been drawn into 'em, but by this Argument of the Nurses, who told her, that if he was the true Wickham, nine Guineas Loss would be no_thing out of their great Legacies; and if he was other_wise, the winning of so many Guineas would make some Help towards the Charges they had been out upon him.

Besides all this, a great many Oxfordshire Gentlemen that frequented Kn&horfill;t's Coffee-house in Essex Build_ings, were so concern'd at his Executors happiness; that rather than the Baker should run away with so much of his Estate, declared they were resolved to make a Parlia_ment business of it. So many affirmatives, so streng_then'd the believing Baker, that he offer'd to give his Maid fifty Pounds for her Hundred; To which, she pert_ly answer'd, No, she was not in so much haste, to com_pound at that Rate, she was as well able to tarry for her Mony, as he was for his. And talking of the poor Maid, one thing must not be forgotten; the day before he died, he told her, he had left her a hundred Pounds to buy her a Husband, but have a care she did not Marry a Rogue that should beat her, for if she did, he had that kind_ness for her, he was sure, it would disturb him in his Grave, and make him Walk when he was dead.

But to return to his Death, when the Searchers came to do their necessary Office; upon inspection, they found some little extraordinary Mortification upon some name_less Part about him, that put 'em upon the Smile. Their Respect to the Worshipful deceased, made 'em somewhat modest in the Discovery; which occasion'd the Nurse to inquire into the cause of their Fleering, and ask 'em plainly, If the Captain were under the Covenant of Circum_cision? Yes, truly, they replied, some such kind of Cor_poral Defect they had found about him. This put the Church-warden into some Surprize, who, inclinable to fancy better things of his pious Benefactor defunct, would by no means, believe either Searchers or Nurse, 'till he play'd the Searcher too, and made a Peep for his satisfaction. But, alas, he no sooner cast his Eye that way, but he found our Batchelor Captain, was in no danger of lead_ing Apes. He discover'd him an old Soldier under Cupid's Banner; for by a sad Token, he had been a loser in the Wars: But Eighteen Wives might do much, and so the Wonder is not so extraordinary.

And now, Reader, having thus handed our great Ma_ster Actor to his last Exit off the Stage, we shall only add a Fragment more to our History, by giving you his first Entrance upon it too. His Original was very ob_scure, and his first start into the World, was, in no higher a Post than a Journey-man Shoemaker, in which Character he liv'd some considerable time at Worcester, understanding so little of what he profest at Banbury, viz. Chirurgery, that he knew the Virtue of no other Plaister than his own Cobler's Wax. From that Imployment, he took a Frolick to Sea; from whence returned, he came to Swackly, with the true Privilege of a Traveller, his Au_thority unquestionable, he talk'd Miracles both of his Voyages and Adventures. For Example, That he had made a Voyage to Constantinople and Barbadoes, (for East and West were all one in his Geography;) and so a_mused the Country-People with his Rhodomontades, that they look'd upon him as a Prodigy of a Man. His great Art he profess'd was Chirurgery, (the little he had of it being indeed gotten on Ship-board;) and what with promis'd Wonders, and great Words, the common Crutch of little Abilities, together with some Favours and Coun_tenance received from Captain Wickham, (a common Charity from so worthy a Gentleman,) which very much heightned his Reception, he set up for a Chirurgeon: In which Station we began with him in our First Part, and there we leave him

And here we assure our Reader, that all these several Relations we have here made, are from as good and cre_dible Authority as the best Information could give us. Nay, we have had a very great part of 'em from the Per_sons own Mouths that were the suffering Parties in our Narrative. And that we have wholly endeavoured to follow Truth, the Reader may be pretty sensible, by our staying near a Fortnight for the Publication of it; the En_quiries into matter of Fact being six times more work and trouble, than the Composing of our History either was, or could be.

ADVERTISEMENT.

BY a Letter dated January the 21st Instant, from a credible Hand, we have receiv'd a short Relation of the Man Tom, the famous Sancho Pancho to our de_ceased Don Quixot, so often mentioned in our First Part, and formerly so great a Sharer in his Master's Adven_tures.

This Squire to our late Knight Errant, through his long Service now grown Master of his Art, and conse_quently Setting up for himself, was then taken at Put_nam, near Godalming, in Surrey, for Running away with an Heiress of 150l. per Annum. This wealthy Heiress he had married in very good Season, our Bridegroom truly being not over-rich, (the common Fate of great Wits,) for he had hardly Mony enough to pay for his Marriage. However, accepted for Richer, or Poorer, he had Bedded her seven or eight Nights, and was so long pursued and hunted from place to place, before her Relations could catch him, being taken at last in Bed with her. The farther Particulars we are not yet inform'd.

&horbar FINIS.

|CMS |Y1700 Labour in Vain: OR, What Signifies Little or Nothing. VIZ. I. The Poor Man's Petitioning at Court. II. Expectation of Benefit from a Covetous Man in his Life-time. III. The Marriage of an Old Man to a Young Woman. IV. Endeavours to Regulate Mens Manners by Preaching or Writing. V. Being a Jacobite. VI. Confining an Insolvent Debtor. VII. Promise of Secrecy in a Conspiracy. VIII. An Enquiry after a Place. &horbar LONDON Printed, and Sold by most Booksellers in London and Westminster, 1700.

&horbar &horbar A DIALOGUE Between the AUTHOR AND THE PRINTER. Printer.

WHat Title do you design to give this Book?

Author.

Labour in Vain: Or, What Signi_fies Little or Nothing.

Printer.

Then I'm like to make a very hopeful Bargain this Morning; and grow Rich like a Jacobite, that would part with his Property, for a Speculative Bubble.

Author.

Be not angry; for the same Estimate and Epithet the greatest Divines give to the whole World.

Printer.

I don't like their Characters, or Epithets; for I believe there's a real value in our Coine; and I know little of their Spiritual Notions, neither will I puzzle my Head about what they tell me I can't rightly Un_derstand.

Auth.

I could convince you, that you are in the wrong, in being so Indifferent about Enquiring into the Cause, Nature, and Value of Things.

Prin.

I am, in this point, a Quaker; and will not by Reason be Con_vinc'd. Pray, Sir, tell me, am I to buy a Shop-full of Empty Past_board-Boxes, or not?

Auth.

Sir they are full.

Print.

Why then do you put over the Door, That the Goods Signify Little, or Nothing? 'Tis a strange sort of Information, to expect to get Customers by.

Auth.

I had several Reasons that induc'd me to put this Title to my Book; and not to keep you longer upon the Fret, I will tell you some of them. First, The natural inquisitive Humour that reigns in all Mankind after Novelty; for no sooner will the Title be Read, or Cry'd, but the Reader, or Hearer, will query what it's about, conclude it some Maggot or other, and to be satisfi'd, will Buy it; so you'll gain by his Curiosity. Then I've known many dull Books that have sold well, by the help of an Ingenious, or Whimsical Ti_tle. Puffe me, Puffe mo, Puffe cannot stay, Colle molle Puff; the Odness and Maggot of that Cry, has sold the Fellow many a Tart; for many Persons who only out of Curiosity have peep'd into his Bas_ket, have found something or other that pleas'd them. Besides the Title is a pro po, because the Subjects I write about, tho' they make a great bustle in the World, yet their Conclusions, or Produce, are very Frivolous, Insignificant, and answer not the End design'd.

Print.

To what purpose did you spend your time in Writing on such Subjects? And why should I be at the labour of Printing, or charge of Paper?

Auth.

Print it by all means; it may imploy some to add to it, the History of the Printer.

Print.

What, that my Pains was Labour in Vain, and Charge signify'd Little or Nothing? I am mightily oblig'd to you for the me_thod you have taken to Expose me to Laughter: But let it prove as it will, if I buy the Devil, I'll try to Sell him. But if your Whim don't take, I'll never buy Goods again before I've look'd over the whole parcel.

&horbar &horbar Labour in Vain: OR What Signifies Little or Nothing: &horbar

The Poor Man's Petitioning at Court.

HOW Fruitless and Empty the Requests of the Poor have return'd at Court, whether they have been for Justice or Mercy, is apparent from a Thousand Instances: And one I'll relate to you, without Peevish design of Reflecting upon any particular Court, for the Pauper's Petition is alike neglected (by what I've Seen, Hear'd, or Read) in every Court. A Gentleman (fitly Qualifi'd) who by permission had Purchased an Imploy for Life, under a King, and to his Successors, was, upon a Successor's coming to the Crown (tho' he had taken Oaths of Allegiance, and done what was requisite, according to Law, for Qualification) to feed the Avarice, or gratify the wicked Bounty of a certain Person, to whose care the Managery was intrusted, was turn'd out, with only the Madmans humourous Reason, Sic Jubeo, sic Volo. By which unjust (at least unkind) usage, he had very little left to maintain himself, Wife, and four Children.

At once his Quondam Friends sounded Retreat, Wou'd scarce afford good Words, and much less Meat: To see his Face, they'd never after Care, As if his very Looks Infectious were: Like Careful Bees, to their own Hives they flew: As he from Fortune, they from him withdrew.

I cannot forbear in this place putting the Epithet Wicked, to that Generous Virtue, Bounty; since here 'twas a powerful Robbery com_mitted upon one Mans Right, to seem Bounteous in a Bequest to a_nother. The depriv'd Man hurt, complain'd with all the respect a Supplicant should use, but his Prayer was answer'd with a Negative. Afterwards he serv'd that King without Pay in His Army abroad; and upon the death of the Possessor of his Imploy, he again pray'd to be Restor'd; upon which prayer he had an Order for the next Va_cancy; which when happen'd, a certain Gentleman, who but a short time before had presented the Depriv'd Man to the King, in the Army, and had given it un_der his Hand, That he had been turn'd out without cause, and that he serv'd as a Volunteer; gave it again under his Hand, That the poor Petitioners alledging to have serv'd in the Army, was a mistake; and his last Act (the former, in good manners, I'll believe being forgot) was credited; so Order and Pe_tition were both dismiss'd, to the Ruine of the Man, and his Family.

OBSERVATION.

By this true Relation is evident, the little success that is to be expected from the poor unhappy Man's Petitioning against a Man in Power; for when he pleases, he Blackens and Misrepresents an Under_ling; and what a Favourite says, is easily believ'd.

Then tell me how the Poor shall find relief, Or gain a Cure for Undeserved Grief, Their Fate depending on a King's Belief.

In such a Case, a Prince is the easiest Man in the World to be Im_pos'd on, considering the vast multitude of Affairs that Center in His ordering and Manage, the particular Cognizance of all which, 'tis impossible for Him to take; for upon a kind of Necessity He is oblig'd to have His knowledg of several Affairs from the report that those about Him are pleas'd to make; and what Man will tell a Story to his own disadvantage? And who can tell it but the Favo_rite, whilst the poor Petitioner is debarr'd Access?

Before a Fav'rite, none shall be believ'd And 'gainst the Rich, 'tis hard to be Reliev'd: In vain you offer up an empty Prayer, Which Fattens not the Courtier, or his Heir; Something that's Solid, and of real Good, (At least for such by Worldlings understood) Must be presented, if you'd favour find, Which rarely warms th' Endowments of the Mind; But to the Fortunate, and Rich are kind. Since Money weighs down Justice and Desert, The Poor's Desires don't signifie a Fart. &horbar

Expectations of Benefit from a Covetous Man in his Life-time.

QUis Pauper? Avarus: An admirable and proper Answer to the Question; because the Covetous Man wanteth that which he hath, as well as that which he hath not, as proves true by the following relation. A Friend of mine (if a Co_vetous Man can be so) of Gentile Extraction, and sutable Education, having a competent Estate of four hundred Pounds per Annum, and a thousand Pounds in Money left him, which Revenue as far excee_ded his desire of Living, as it came short of his desire of Acquiring; for he no sooner had the Possession, but he retrench'd the usual Ex_pences of the Family; he sav'd Charge, by putting away the Mouths that caus'd it; and the only Servant that he kept, liv'd almost like a Bear in Greenland, on the Nourishment he had got in the Summer of the Fathers Life time. In short, no Anchorite liv'd more sparing than he, unless it were upon anothers cost, and then 'twas a covetous hu_mour made him Eat and Drink like a Glutton and a Drunkard. In all his Actions he was Base; He would Steal his own Goods, to make his Servant pay for them: By such sorbid ways his Wealth was accu_mulated; he sold the Mansion-house, because the Purchase-Money would yield a greater profit than the Rent amounted to; and retir'd from a great House (not from Plenty and Abundance) to a less, that he could not Rent out: By such Niggardly Methods, in process of time, he had heap'd up a very great Treasure.

There was a Young hopeful Gentleman, his Nephew, who expected to reap the fruits of his Covetousness, that often came to visit him; and was always Complaisant, sooth'd, and commended every Humour, which I take to be the right way of Pleasing; for certain (at least during the time of prevailing Fancy, or Action) every Man is pleas'd with his own Sentiments, or Doings; so consequently loves to have them approv'd, and applauded.

He gratifi'd the Misers Appetite at his own Expence, his Pantrey and his Cellar were always ready to gratify his least motion of desire, his Coach and Horses attended his occasions; he baulk'd his own Humour, neglected his pleasant and facetious Companions, and con_fin'd himself to Oblige his Sordid Temper. Tho' it must be confess'd Self-interest mov'd him, yet it pleas'd the Wretch, when he advised him to secure his Treasure, that no Rachel, or other, might Steal his God. He Christned his Son of the Jew's Name, he did, what not? to Oblige him. He defended him from Robbers at the peril of his own Life: Nay more, He justify'd his base Principles, contrary to his Conscience: But all the Returns that were paid to these Services, were Mountain-Promises, whilst in his Cups; but Molehills, or no Performances, when Sober.

Afterwards this Obliging Gentleman fell by misfortune into Straits and Necessities, so that his Family wanted convenient Sub_sistance; yet the other pitiless, and unconcern'd, return'd no good Nature, no Charity, no grateful Act, for all his generous Obligations; not so much as even common Humanity would out of Mercy oblige a very Jew to show to a Stranger in Misery. After the Miser had Bought what he had left, for half the value, he forbid him his House, and whenever he met him, he pass'd by him as a Stranger. At last, Intestate, the miserable Rascal Dies; for the very Thought of dispo_sing of his Riches, would have been as Mortal as a Cannon Shot: So Volens Nolens, what he left, fell to this Gentleman. But I had almost forgot to tell you, That his Jealous Temper (which must ac_company the Covetous, let their Avarice be fix'd on what it will) made him Bury a great part of his Money and Writings, so that a great deal was lost for want of the knowledge of the Concealments.

OBSERVATION.

A Covetous Desire is properly applicable to self, for even when I seem to desire the Advantage of another, there is something of self in the matter; and it must be allow'd that he I wish well, is my Friend; tho' anothers being my Enemy, only makes him so; so by my desire, I gratifie my own Inclination in my Friends Advantage, or please my Anger, in my Enemies Disadvantage; a Covetous Mans Thoughts center in his own profit, and what good goes besides him, he counts by Providence wrong apply'd; then 'tis Idle to expect, that he that Covets all, should frustrate his vast design, by giving me a part; as Covetousness is a Selfish humour, 'tis impossible it should be diffusive.

The Misers Wish, is of a vast Extent, And would Engross, beneath the Firmament, All that it likes; still Covetous, would try To Merchandize with Spirits of the Sky. His Wishes only to Advantage tend, From Self's their Origin, in Self they End; So cannot be Defusive to a Friend. In Vain a Favour you expect from such, You may as well expect one from the D&horfill;. &horbar

The Marriage of an Old Man to a Young Woman.

THe mutual Disapointments that commonly thwart, and hinder the Happiness expected by the Marriage of an Old Man to a Young Woman, the following Story sets forth: An Anci_ent Gentleman, whose head Age had Powder'd like a Beau's, who in his Sprightly Youth could at Sight answer the Expectations of the most Lascivious Female, as Doctors Commons and Parish-Books could Witness, he had liv'd a Libertine Life, and had never thoughts of Marriage, till he was Three Score and Ten, when he happen'd into the Company of a Beautiful Young Woman, whose Charms, and Behaviour blew away the Ashes that covered the Fire that remain'd in the Brands end, so that it made a Faint Blaze, which (of late un_accustom'd) warmth made the (willing to be Deceiv'd) Senior fancy that there was yet a great Stock of Vigour in his Veins, that would answer the ends of Marriage; thus when Lechery had left his Tail, and agitated only by Desire, fancy'd mighty Peformances in his Lustful Brain, he Courts this Lady for his Bride, who had not the Charms to renue an old �son's Age, sensible that his expiring Flame could not long last, he was Impatient of delay; so by continual Court_ship he try'd to watch his Mistress, like a Hawk, into Compliance; but 'twas perswasive Money that made her Consent to endure a Len_ten Pennance, in Expectation of an happy Easter after his Death. In short, for filthy Lucre Married him, and submitted herself to his Feeble Threescore and Ten Years Attempts, after his fluttering all the Wedding Day, they were put to Bed, (I think that word suitable to his Age) and after Sack-Posset Eat, and Stocken thrown, the Company withdrew, and left them to themselves. When he fail'd in Performance, she was frustrated in her Expectation, so that their Marriage signified Little or Nothing.

OBSERVATION.

The Answer I make, to those that will say, Every Body knew this Story before, is, That tho' I pretend to Write Novel's, I don't No_velties, but to dress up something that for one Meal may be Pleasing, and of grateful Gust; and perhaps some Observation may be made from this Story worthy Self-Application: But tho' the Reader do not, I will, to continue the Method I first Design'd.

To Attempt any thing, which nothing but (almost) a Miracle can make Successful, is Folly and Madness; and little less, can move a Man of Threescore Years and Ten to do &horfill; to any purpose. An Old Man Marrying a Young Woman, is like laying down a good Joynt of Meat, to an almost Consumed Fire, which will blaze a while, but by the sudden decay, for want of Fuel, will make it but luke Warm: He is counted a Blockhead that pretends to set up a Trade, when he is past Labour, without he takes an able Journeyman; and I be_lieve in this Case, no Man will willingly admit of a Journeyman to manage his Commodity, and without one (by effects may be judg'd) the Marriage will signifie little towards Procreation. Dis_appointments must happen to the Man from Natural Consequence, notwithstanding the mighty belief of his Abilities. I have known from Powerful Fancy, when a Child has been tyred with Walking, yet Imagining he Rode when he had a Switch between his Legs, would Imitate the Trot and Gallop, for a small while, without complain_ing; but presently the weakness and Imbecility of his Feet, made him sensible his Natural Strength (tho' agitated by Desire) could not carry him to his desired home: So the Old, whose Vigorous heat is Spent, may imagine if he get a Cock Horse, how furiously he'll Ride; but like the tyred Child, his Natural decay will appear.

The Man being deceived, by Consequence the Woman must; and what sad Effects do such Disappointments cause, are Evident from the future carriage of both Man and Woman: He grows Jealous, un_willing another should Feed, tho' he himself can't make use of the Dainties; then the Poor abused Woman is watch'd, perhaps confin'd, and her whole Life made uneasie.

Like a poor Man (cajoll'd by mighty Promises) transported to the West-Indies; when he comes there, finding himself a Slave, to the Beck and Rod of an Imperious Patron, being fast bound by Con_tract, has no hopes of Liberty, but from the Expiration of time; such is the Condition of a Young Woman, who flatter'd with the belief of Fond Doting Dalliance, and Plenty, is betray'd into the Slavery of Marriage, with an Old Fellow, she has no hopes of Deliverance from, but by the Expiration of her Disagreeable Husbands Life; her Youthful heat meeting with the Icy coldness of his Age, causes thun_der in the House: Continual Jars forbid all hopes of Peace.

When Waves Swol'n high by force of mighty Wind, They fiercely meet, and are in Battle joyn'd; The frothy Salt, with motion's set on Fire; But Wash'd with Native Water, soon expire: So toss'd by Billows of remaining Lust, Which Shuffles up and down the Aged Dust, Salt Sparks are blown into a sudden Flame, But Ages Moisture soon does quench the same. The old Mans boasting Promises in Love, Do little signifie, as Women prove; 'Tis Vapour all, and Limber as my Glove. In Vain the Aged Man hopes to Receive Blessings, which only Spritely Youth can give; In Vain a Woman does expect a Trade, From one whom Stingy Age has Bankrupt made; Such Disappointments happen to them both, Which makes the Marriage prove of little worth.

The Reverse of this Story, which is an Old Woman Marrying to a Young Fellow, is to the full as ridiculous, and signifies as little to a mutual Content.

&horbar

Endeavours to Regulate Mens Manners by Preaching or Writing.

THE present Age is not so very Vertuous, but that we may meet with examples in almost every Company and Con_versation, that demonstrates the little Efficacy the well de_sign'd Writings and Publick Teaching of Good Men have had, to_wards Reformation of Manners, and the Practice of Vertue. But not being willing to expose particularly the Insensibility that appears either in my own Life, by not Amending, and Correcting my re_prov'd Actions, or in the general Practice of any Fellow-Country_men; I have pitch'd upon the History of Socrates, so far as it agrees with my Design; that is, to show how little the good Documents he Taught, signified to the Reform or Benefit of the Athenians, and the Odium they caused from those he endeavour'd to Amend.

Socrates, who was Born in a small Village called Halopex, under the Athenian Jurisdiction; is commonly called the Athenian, to distin_guish him from several others, of that Name, one of which Wrote the History of Argos, another was a Bathynian, &c. This Socrates the Athenian, was taught Philosophy under Anaxagoras, he was a Man of great Temperance, of a strong Constitution, one who enquir'd into the Nature of Sublime things, Studied Humanity, Practised and to poor and Rich Publickly Preached Vertue and Good Manners; to be silent, and not to reprove Wicked Men, he counted a Crime against the Gods; to Discourse of Vertue, he esteem'd as a great Happiness; and imploying himself almost constantly in instructing of the Citizens, he neglected mightily his private Affairs, so that he was Poor, and told the Athenians, that he ought to be Maintained out of the Prytaneum, or Publick Store-House: That he ought to be Rewarded more then a Victor, for the Conqueror could but make them appear to be Happy, when by his Instructions in Vertue (if Practi_sed) they would really be so, not only from present Serenity of Mind, but in Futuro; for he believed an Immortality of the Soul, and the very day he Died, he imploy'd in Discoursing of, and by Convincive Arguments to his Friends prov'd the Souls Indivisibility, and Con_sequently Immortality; he Taught as he Believ'd, that nothing of Evil could happen to a Good Man, his Concerns being taken Care of by the Gods; but notwithstanding his Eloquent, perswasive Spee_ches upon so Noble a Subject, as Vertue, which for its own Sake, ought to attract Mens Inclinations, and Affections; the Athenians were so far from Reforming from their Accustom'd Immoralities, that Miletus, Anytus, and others, accused him, as Guilty of a Capital Crime, for Instructing the People in the ways of Vertue, and for Reproving them, when they Acted contrary to Morality and good Manners: They were so Exasperated aganst him for his Good En_deavours to introduce Honesty and Piety, Inconsistent with their Practice, that without a Confronting Witness, they Condemn'd him to Death; which Sentence was put in Execution by a Draught of Poyson. By which Barbarous usage, 'tis Apparent that all his Teach_ing signified little towards the Reformation of the Lives of his Fellow Citizens.

OBSERVATION.

Tho Licentiousness is more agreeable, and facile to the deprav'd Nature of Mankind; yet almost every Age hath produc'd a Preach_ing Experienc'd Solomon, a Socrates, a Plato, or some such Good Men, who have Endeavour'd by Writing and Teaching, back'd with the Inducing Reasons of a present Serenity of Mind, that must upon Necessity Accompany Vertuous Actions, or the Glorious Prospect of an Unconceivable Reward hereafter; to perswade Men by Argu_ments, Conducing to self Interest, (which in all other Cases is prevai_lent) to Practice Piety, Honesty and Civility, yet what poor Crops have the Stony Soil produc'd, every Age against it self is Witness. The Libertinism of an Heathen, I don't so much wonder at, because he has no Thoughts of Futurity to Check his Mad Career; but that Men who are dayly Taught, and Instructed in Piety, and Morality, and who upon a Self-query, will own that they really Believe to do Good, is for their Advantage, should Act directly contrary to their Belief, is an Extravagant Madness, not to be parallell'd: Is there no Remedy for so Great, and Contagious an Evil to be found? Yes, an Heathen teaches me one, Trahimur Exemplis Plus Quam Pr�ceptis; for if those in Power and Greatness Practised Vertue, the Underlings would Imitate; if 'twere Customary, every one would be in the Fashion: But whilst Vice and Immorality are Countenanc'd by the Great, Or_ders for keeping the Sabbath, and against Prophanness, are of little Efficacy; for when the great Fish break the Net, the little ones will go out at the Rent. Tho' arguing for Vertue, and good Manners, is highly to be Commended, yet the little Reformation we find, shows that hitherto it has signified Little or Nothing.

He that would bar me of a coming Joy, And by strict Rules, my Liberty Destroy, In Trammels makes me Pace away my Life, 'Twixt Nature and his Rules is constant strife; So Irksom, and Uneasie I must be, By Reason of their great Antipathy; This is the Language of th' Unthinking Man, Who led by Custom, loves to be Prophane; And will not change his Road, what e're you Teach, Scarce tho' a Jonah once again should Preach: But still that Monkey, Man, would Imitate, And Virtue Practice, Copy'd from the Great. Examples, wanting Precepts, are but Vain; And moving Arguments in florid strain, Won't make the Blockish Crow'd from Ill Refrain. &horbar

Being a Jacobite.

ONE, who out of Good Manners, I must stile a Gentleman, because he justly Claims that Title from his Ancestors; and it must be allow'd him now, even in his Adversity, since his Accounted Crimes of Omission, in not actually complying to the Laws in force, proceed from the Dictates of his Conscience, and not from an Obstinate Spirit of Contradiction; for tho' this Gentle_mans Opinion will not permit him to comply in the Active part, yet out of Submission to the Laws of his Countrey, without re_fractoriness, he's Obedient in the Passive. This Gentleman (as many others) is at this time term'd a Jacobite, as being the title Custo_marily used, in Opposition to Williamite; concluding, that he that is not for me, is against me.

Upon the Revolution in the Year 1688, (which by Unfathom'd Providence was brought about, so contrary to Rational Appearance, that after Ages will hesitate at the Belief of the Heroick Attempts of the present King, and the Unaccountable Manage of the last) this Man was turn'd out of several Considerable Imploys, (or rather he turn'd himself out, for it cannot be expected, that any will be Master (unless by Power to those that will not serve them) strip'd of his Incomes, he for a while handsomly subsisted; but feeding con_stantly upon last Years Crop, without Sowing for another Harvest, his Granary was Empted without hopes of Replenishing, without a Miracle, Reduc'd; he herded with those of his own Opinion, that by the Benevolence of Fortune were able to relieve him, and did Generously for a time; but continual Dependance made him sensi_ble of the Bitterness of the Curse: The Undervaluing Slights, the tyring Attendance, often Refusals, beggarly Loans, Reprimands, Ad_vice too late given, all which, with appearing Patience, by force he was oblig'd (if he would Eat) to undergo, made him almost distract_ed in his Thoughts. The impending Misery of want by its near ap_proach, appearing Dreadful and Afrightning, put him upon the Studious Thoughts, how to subsist for the future. He considered the many reasons drawn from self Interest, and other Powerful Motives, for Conforming to the present Government; the general Consent, and Practice of many, whose Learning and Integrity he could not call in question (unless he should Contradict his own Experience) made him bring his Manage into Examination, and his Rational Arguments made him often Waver, and query the Prudence of his Opinion; so far, that he had some thoughts of Conforming to what the Representatives of the Nation had agreed; but having so long stood out, he could have no hopes of being received with that fa_vour, so as to be trusted in any considerable Imploy; either Civil, Military, or Ecclesiastical; he was too Poor, and of too little Inte_rest, to expect an Honourable Title; too Illiterate to be made a Dean, too well known to be trusted with the Managing of a Secret in National Affairs; so he struck to his old Principals tho' he reap'd no Ad_vantage by them, for Poverty like Ivie twines to the Jacobite, and spoils his Growth; his Opinion Contradicting in general, to the Sen_timents of the greatest part of the Nation, was so far from being any ways Advantagious to him, that it expos'd him to want; and debar'd him from the hopes of repairing his Ruined Fortunes.

OBSERVATION.

THIS Story is equally applicable to Jacobite, Williamite, Wigg, Tory, or what other Name of Distinction is given to a_ny Man, who Rows not with the common Stream that the Ri_ver of his Country runs; he tugs against the Tide, and makes very little Progress. To oppose the General Sentiments of a Country, is drawing up-hill by choice, and gives just cause for People to call a Man's Judgment in Question, since there is a nearer, and down-hill beaten Path at Hand; 'tis something like going in the Strand, towards the Horse-Guard, on a Sunday in the Evening, when one has the trouble of meeting the Current of the City Gentry, going from the Park; he that complies not to the Practice of a Nation, appears like one in a Sad-colour_ed Coat, bearing Arms amongst the Guard at White-hall, he is star'd at; and if observ'd by a Superior, will be Punished.

Relating to a Man's Compliance, or Non-Compliance, ought to be considered; whether what required be consonant to Ju_ice, and Self-Preservation, argued Pro and Con, in refference to Spiritual, and Temporal Affairs, the last not contradicting the formers positive Commands. And sure I am, or must appear to be, by rational Men, much Wiser, or more Blockish, than the rest of the Nation, in a General Council consenting, if I oppose, or refuse Conformity to its Agreement. Parallel Examples ought to be search'd for, and the method of Proceedings, that have been commonly taken by others, approv'd by future Allowance to have been Just, and fitting to be done, ought to Guide, and mightily Sway me to concord to such approv'd Precedents; for if a Man disagrees out of a particular Opinion, or Interest, he, as far as in him lyes, calls the discretion of a great many in Question, and battles a number with his opiniated Reason, from such Proceeding, one can expect no Benefit, or Reputation. No Advantage, because none will trust another (in any thing of Weight) that is of a contrary Perswasion; because 'tis reasonable to believe, that every Man is inclinable to act what sutes best to his Fancy, and most conducing to bring to effect his desired Aim: So, instead of serving that Interest by which in_trusted, to gratify his real Sentiments, he'll betray the secrets to him committed.

What is in Vogue carries a present Reputation, (than being a Jacobite) must consequently cause an undervaluing, and so Sig_nify Little, or Nothing._

Allow Sentiments offer'd, right, or wrong, If Judge and Jury too, joyn with the Throng; In Contradiction to the present Thought, My sole Opinion signifieth nought. 'Tis over-rul'd, and I am surely cast, Which proves the fate of Separists at last; For to oppose the Torrent of a Stream, Resist a greater Power, is like my Dream, Which fancies mighty Riches, mighty Power, But Poor and Weak, I meet the waking Hour; With a Probatim est Some sadly tell, What once they were, to what they now are fell. &horbar

Confining an Insolent Debtor.

A Grave Citizen, an Alderman's Fellow, by Losses and Cros_ses, and GOD knows what, was reduc'd to the necessity of leaving his House, and moving himself and Effects into the Sanctuary for Bankrupts, White-Fryars; where, for a while he confin'd himself to his Chamber, and when he went out, the Company seasoned to the Place, who were no proud Men, but would quickly be acquainted without Ceremony, made him asham'd, and blush like a young Sinner, the Curtains undrawn; with care he soon cast up his Books; and substracting his Deb_tors from his Creditors; he found a greater Ballance due than he was able to pay; but willing (as 'tis natural for all Crea_tures) to be at Liberty, he summoned his Creditors, and of_fered them ten Shillings for every Pound, reserving for him_self but a small Pittance to subsist on, or lay a new Founda_tion for fresh Credit: But some (Jews in Practice) refus'd a Compliance to any Abatement, and resolved to make Dice of his Bones: Their Cruelty griev'd and afflicted him so much, that his Sorrow and Concern was apparent in his Face; and being ask'd the Reason, he told that his Creditors Non-com_pliance was the cause of it; upon which, a Doctor in the Ci_vil Laws of the Place, took him to Task; told him his Secu_rity there; brought Examples and Precedents how Tom such an one, and Sir John such an one, had us'd their Creditors, and brought them to Compliance: Unmerciful Rogues! What? Refuse to take Ten Shillings in the Pound? If I might advise you, they should not have above half a Crown; I intend to give mine but Eighteen Pence; sure you are not such a Fool to part with all, and suffer your self and Family to want: Such Company, such Examples, such Documents have wash'd a_way the honest first Intents of many a Man, but it could not flote his; for he still design'd, to his Power, to satisfy every Body; but unwilling to be Caged in a closer Prison, he there Liv'd; and spending upon the main Stock constantly, it wast_ed so fast, that at his next Proposal to his Creditors, he could offer but Five Shillings, which was also rejected: And some time after not being watchful of his Ways, the Catchpoles siez'd him at the Suit of an old protesting Friend of his, a Neigh_bour, for whom he would sent, hoping Mercy from their for_mer intimate Acquaintance; but the Officers telling him 'twould be to no purpose, since that Warrant which they nam'd to him, was but one amongst Twenty they had against him; so after squeezing him out of Twenty Shillings for Dinner, Ale, and Brandy, they lodged him in the Compter; where his Fellow_Prisoners flock'd about him, some pulling this way, some that, like Water-men at turn of Ebb at Billinsgate, all calling for Garnish, which clamorous demand never ceased till he had paid it. The want of Liberty made him value it more than ever, and desiring next to Life his Liberty; he with Prayers intreated his Creditors to accept of all that he had, but they refused it, and would not believe that he gave a true or just account, though he offer'd to make Oath of it; so, be lying there, the poor Man for Necessaries consumed, what merciful men would have been contented with, when the Parliament, out of Consideration of the Misery that many (not able to pay their Debts) in Pri_son endured, ordered a Discharge upon such and such Condi_tions, under the which he was comprehended, and consequent_ly discharged, without paying one Farthing; whereas, if the Creditors had formerly comply'd, they might have had half their Debts, and the Man his Liberty; so their confining him prov'd their Detriment. And the like happen to others, when the Insolvent Die in Custody; for where 'tis not to be had, the King must loose his Right.

OBSERVATION.

SUCH have been the Fate of many Insolvent Debtors; and such have prov'd the Return to many uncharitable and cruel Creditors; and I believe all merciful Men will think the last deserv'd it: Expectation to recover Debts by confining an insolvent Man, whereby he is debar'd of opportunity to acquire wherewithal to pay his Debts, is an �gyptian Proposal, To make Brick without Straw, quod ultra posse, now est esse.

'Tis a very good Law in the Signiory of Biscay, that no Na_tive Biscayner shall be Imprisoned for Debt above Forty Eight Hours; but the Creditor in that time shall have Judgment a_gainst whatsoever Effects shall be found to be his, or what af_terwards he either by Labour, Art, or otherwise shall acquire, yet upon giving Security, not to depart the Signiory, he shall be discharged out of Custody, to get his Livelihood.

I have heard that in Holland no Creditor shall keep in Pri_son an insolvent Debtor, unless he will maintain him there, with subsistance to preserve his Life: But here in England in this point, we out-do the Dutch in Cruelty, confining People to Starve, contrary to Humanity, Mercy, or Policy. One may as reasonably expect his Dog should catch an Hare, when chain'd to a Post, as a poor Debtor should in a Goal get wherewith_all to pay his Debts.

Ask but the cruel Man, what he would have From his poor Debtor, to his will a Slave Confin'd in Prison, presently he'll say My Money, yet acts quite contrary way To gain his end; for, how can one expect, Where no Cause moves, there should be an Effect. What silly Farmer will confine his Cow From needful Herbage, for no hear der Low For Food; or in reason can he believe, By such Confinement, he shall Milk receive: As silly is the Hope, when you confine A Man Insolvent, for to raise the Coyn. &horbar

Promise of Secrecy in a Conspiracy.

THO' I could produce variety of Instances out of Ancient History suitable to this Subject, yet I have chose one which has come to the knowledge, and is still fresh in the Memory of almost every English Man, to show the little Trust and Con_fidence that is to be given to the solemn Promises of Secrecy in a Conspiracy, or wicked Design.

In the Year 169 several angry discontented Men club'd to the hatching a Plot or Conspiracy for subverting the present Government; and for the more certainty of effecting it, de_signed, contrary to Honour, and common Humanity, to take off the present Head, that the Limbs might be in Confusion, want_ing an immediate Director for their Motion, so in the hurly burly to have Proclaimed one, who unhappily has too much Pro_claimed himself.

There is no need of mentioning their Design at large, or the Progress they had made, every Man knowing the drift of their Conspiracy, and the Conspirators; so I'll only take No_tice, that after their Plot was laid, the Assassinators agreed on, and Secrecy sworn to, at the Sun-Tavern, and other Places, some of them (false, first to their Country, then to their Adherents) discovered the Conspiracy. I wish 'twere done out of a repen_tant Principle, and believing a Promise to do Evil ought not to be kept; but their covetous siliciting for Rewards induce me to believe, that the Principle of Self-interest was the chief Mo_tive of their Discovery; but let it proceed from what cause soever, 'tis apparent, that the Obligations under which they were engaged, were not of Force to keep the Secret undisco_vered; The like Discoveries have been made at Venice, at Rome, at Genoua, and in almost all the the Kingdoms on the Earth; tho' the greatest Cautions and Securities that Self-pre_servation, or aspiring Ambition could invent, to tye up the confessing Tongue, have been made use of; he that will be a Villain in attempting a great Evil, is not to be trusted; for 'tis probable he will be so in a lesser, especially if he expects ro reap advantage by it.

OBSERVATION.

SELDOM any Resolution is so fix'd, but that apparent be_nefit, as Self-preservation, or Riches, will alter it, especially when the Resolve is evil, for no Man, though never so much prompted by Ambition, Avarice, Lust or Revenge, but has a Moni_tor within, which Dictates to him, that his Resolve and Attempt is Evil in it self; and from what one's Reason informs to be bad, a Man is easily drawn from Effecting: So we find many Men who dare undaunted, look Death in the Face in a just Cause, will Recant and appear Cowards, when Ill is to be attempted, from whence has proceeded many Discoveries of Plots and Conspiracies, to the Se_crecie of which, Men have Oblig'd themselves by all the Tyes that are counted Sacred and Binding; such are to be counted Repent_ants, because they discover the Design out of an Odium to the Evil. But some, without Considering Good or Evil, in Relation to Futu_rity, discover the secret Conspiracies with them intrusted, not for Conscience, but for Lucre sake, others when their first Heat is over, grow Pusilanimous, and confess to save their Lives; sometimes infi_nite Wisdom confounds their Councils and Devices, lead them into Errors and Mistakes, and by ways unimaginable, bring to Light the hidden things of Darkness.

Whilst a protecting Providence do sway, Whilst Men Inspir'd dictates do obey, Whilst Life has Value, and Reward has Love, Protested Secrecie in Ill does prove Of small Validity; the first will act What's Consonant to Justice of a Fact: The Second by Impulsive Power Command, What wo'n't Man do to keep his wasting Sand? And bountiful Reward makes Men betray Their dearest Kin, and Friendship wipes away. Subject to Power, and tempted by a Bait, Too pleasing to deny, of little weight Proves promis'd Privacy; then why should I Meddle in Plots, in Hopes of Secrecie?

&horbar

The Progress of an Enquirer after Places.

THOUGH Disappointments are in some Degree or other, most commonly the Companions that attend and thwart the Hopes and Expectations of all Mankind; yet have I not observ'd more Disappointments generally to accompany any At_tempt, than I have the Endeavours, and Designs, to get into Repu_table Places and Employments, as by the Sequel will appear.

An English Gentleman, who by Hospitality amongst his County Neighbours, had Spent the greatest part of his Estate; having ve_ry little, besides the Mansion Seat of his Family left, seeing himself Slighted by those very Men who had largely tasted of his Bounty, seriously began to Consider, how he should still Support himself in some Credible Reputation; and after he had run over several de_signing Thoughts, and Built Castles in the Air, he at last fix'd upon the common Hopes of getting a Place, or Employ at London. To effect which, he presently Sold the remaining part of his Estate; and to London he came, to put in Practice the Scheme he had Drawn, for raising once again his Fortune. His first Application was, to besure, to one of the worthy Burgesses that Serv'd for a Neighbouring Cor_poration, who by the Charms of Bribery, and by Virtue of his strong Drink, had carried the Election Nemine Contradicente; him he ac_quainted with his Design, and desir'd his kind Assistance, who pre_sently Promised Fair for Country sake, th� he was an Irishman; up_on his Promise, every Morning he danc'd Attendance, at the Lev�e of my Dear Joy; and when he walk'd, he kept Cringing on his Lar_board Quarter, not presuming to go Cheek by Jowl with one of the Representatives of the Nation; who had the same Business during the whole Sessions of Parliament, that he had during the Term-time, two Motions a Day, to Westminster and back again; but finding his Waiting, and the other's Promises, would Signify the same thing, and the Senator being gone to Tunbridge, where the Proverb was on his side, he bethought himself what farther Methods were to be taken; and luckily finding upon a Coffee-house Table, a Paper Inti_tuled, A Collection for Improvement of Husbandry and Trade, by John Houghton, F. R. S. Wherein he found, that he knew of se_veral that wanted Men so or so Qualified and Recommended, and several that were so and so Qualified and Recommended, that want_ed the Imployments which others wanted to have Officiated. At first view he thought this Paper as a Pillow of Light to guide him in the Dark: But upon examining the Inquiries af_ter Places and Imploys, and those that wanted Agents, found they answer'd one another's Occasions, and that there was not one Agent enquired after, but there was the same Place sought for; so he dispair'd of Success from that, seeing every one's Occa_sion might be supplied.

Though his Sleep, or rather Slumbers, was unquiet and short, occasioned be the concern that hagg'd his Thoughts about his future earthly well Being, yet his lying Awake was more tor_menting to him, as much as Impending want had then a more lively Impression, than his drowsy Fancy could Represent; so trying, as if it were to avoid himself, he arose, slighting Beau_ish Formality, soon dress'd himself, and went to Man's Coffee_house; where, though 'twas early in the Morning, he found Talk_ative Will, a tall elderly Man, with his own Hair, diverting the Company, sometimes in English, sometimes in French; in both Languages he told Stories as improbable to be true as all D. O's Narrative. He took upon him the States-man, and told the Company he knew of Funds that would have rais'd Money e_nough to defray the Charge of the War, without being any pressure to the Subject: He blam'd all that he was pleas'd to think Mismanagement in the Concerns of the Nation; and then gravely told them, how all might have been prevented, which every Block-head can do, after the Act is past; and, for the future how he would have things managed; but Mercy upon us if Affairs were to be ordered by his Managery, (looking upon his own Conduct) it may reasonably be believed, they would have been Ten times worse directed. After he had Rail'd at several particular Persons, whose names he did not tell. (but describ'd them plainer than I do him) He grumbled at the Bounty bestow'd upon Favorites; but I suppose his Cozen Harry's Humour then possess'd him, who always Rails when he is Poor; but whilst a Bounty is in his Pocket, (which never wears it out) he is as much for Praising, as when Penniless in Railing and Re_flecting. If Variety be pleasing, sure Mr. William's Discourse was diverting; for he run over Stories (as much as the time would allow) of Men and Women, of all Qualities, all sorts of Countries, Governments, Languages, Horses, Dogs, Cocks, Wine, Snuff, &c. as positively as if he had been an Eye or Ear-wit_ness, had Travell'd them all over, been a Privy-Councellor in every one of them; a Professor of Languages, own'd, or layed Wagers, Drank, Tasted, or Snuff'd of every sort: But at last took opportunity (though no occasion offered) to tell how nigh he was Related to, and how he was belov'd and respected by a Dutch English Nobleman; which at last startled my Inquirer from the Confusion the medley of his Discourse had put him into, and brought into his Thought, that this Gentleman's Inte_rest might do him a Kindness.

His approaching Necessity having made him confident beyond his natural Temper, he presently enquired the Gentleman's Name and Lodging, and that Day waited upon him, and in short de_sired his Favour towards helping him to an Imploy fit for a Gen_tleman, and at the same time promised to be grateful; Mr. William, who never wants complimental Civility, told him, that he would assist him in what lay in his Power, and mentioned to him several Places that he might endeavour to get; but know_ing none then Vacant, he desired he would meet him on the Mor_row, when he would bring a Man (meaning his Cozen Harry) whom the Cobweb Laws cannot confine, though in close Con_finement) who knew of Forty to be dispos'd of. The next Day, according to appointment, they all met, and Harry cajoll'd my Inquirer, and fitted his Humour to a T---; indeed he must be of a very stingy Temper whom he cann't please, for he is re_ally a very sensible Gentleman. My Inquirer's Desires were made known to him; and Harry (who never parts with a Man, but he leaves him a plausible prospect of effecting his Designs) laid down such Assurances upon Promises made in his Favour, that my Gentleman began to believe at such a Day he might enter into Pay or Sallery; but before he parted, Harry had nicely examin_ed, though at a distance, how his Stock was, either to Bribe or Pur_chase, and in a Day or Two was to give my Enquirer a positive An_swer; but I had almost forgot to tell you, that just at parting Har_ry bore up to him, and told him, that though he would serve a Gen_tleman gratis with his Labour, yet there would be Expences; to de_fray which, he expected he should bring him Ten Guineas the next Morning. My Enquirer, buoy'd up with hopes, came the next Morning with ready Rhino in his Pocket, had immediately Admit_tance into a Room spread with old Carpets, that the Man at the Three Roses had refus'd to Stitch Cards on. Presently honest Har_ry, who like the Hungry Jew, watch'd the falling Manna, came in, and accosted him with, Sir, I've done your Business, for I was with my Lord last Night, and to serve you, spent my own Interest, so ef_fectually, that I had his Promise on your Behalf: Upon these words the Manna dropt into his Hand, which Harry never kept till the fol_lowing Day, for fear it should turn Sower: My Enquirer's moving Hand having reach'd Ten, at which number Harry's Allarm stood, it immediately rung a Peal in Division about Places, for half an Hour together, That he that wrote the present State of England in the Year, 1694, was a Block-head compared to him; for he has not mentioned a quarter of the Places and Imploys, that Harry nam'd to my Enquirer, and gave him the choice of any of them: He that put an Advertisement for the Sale of Horses, cann't in a Months time name so many Horses to be sold, as he pretended to know Imploys: My Enquirer, amongst the many Texts this Parson Quoted, pitch'd upon Two or Three which serv'd to his liking; and when Mr. Har_ry had done talking, he told him, such or such would suit his Educa_tion, and agreed with his Humour. Oh, says Harry, those are not as yet Vacant, but they will be perhaps before the Parliament rises; for they are resolved to suffer very few Members of the House to be in Imploys, wherein any Branch of the Revenue is to be managed; and since 'tis certain some will part with their Places rather than to be turn'd out of the House, your study must be, how to get into one of those they Abdicate; to effect which, you must try to engratiate your self with a S------ of S--, with Three of the L--- of the T----- at least: And the thoughtful Gentleman, who, by much Labour of his Brain, hammers out things in a great Perfection, to be known and well recommended to the P--- C-----; for some Imploys must be granted in C---: Now, the fittest Man upon Earth to be your Solicitor there, is W. F. who, though he is Founder_ed in his Feet, has a natural Assurance to tell a Story plausibly to any Nobleman, though 'tis seldom minded; he is Old-Dog with the La_dies and Boys, and their constant Solicitor: Besides, he may be, from his own Interest, very serviceable to you; for I know, the other Day he help'd a Footman to a Place, and took but Half a Crown for his Labour.

'Twill also be requisite for you to learn Decimals and Gaug_ing, and make Application to the C--- of E--; Or to the L-- of the A--. Or to the C--- of the C--- But you must not neg_lect making Application to several particular Persons, who always seem in a hurry, as if they had the whole concerns of the Nation to manage: Amongst which, there is honest Tony, who seldom gives the C--- of P----, and E-----, much trouble to draw up a Report; A. R. is not duely Elected. I must beg Pardon, when I say, 'tis hard that so understanding a Gentleman; one that knows how to take all Advantages, should not be in the House, no Man being fitter to caution against Deceits, than the ---- He has been serviceable to the Nation by the project of pack_ing of Hay; by the manage of which, Horses Eat less than u_sual, and their Bellies were taken up, without Belly-cloaths, the smell did their Business; yet Tony had but 31. a Load, for what cost him 25s.

His Principles may be guess'd by his Practice; and he has de_clared his Sentiments, how People that would thrive, should ma_nage themselves; and designs (if he may be believed) to instill the same Principles into his Children; for he told an honest Gentleman, that if he had a Son, he would advise him to flat_ter and dissemble with all Mankind; never to speak Truth but when it was for his Advantage: With this worthy Gent. 'twill be necessary to be acquainted, if you have Money to purchase an Imploy under the M--- of the H---; for every one of them that were in his reach, he has either sold, or been a Broker in the matter: You need make to Interest to him by Intercession of Friends; for he has no respect to Persons, Principles, or Qualities; but like a late decea_sed Knight, whose Wit (by mistake so called) lay in bold Examinati_ons of Scripture passages; buffonly rediculing what was beyond his shallow Capacity to understand) has regard only to the Money, let it come from Williamite, Jacobite, or Devil: Besides him, there's a_nother you should be acquainted with, that is a blinking Fellow, a meer pretender to the Law, who could scarce Read (allowing Bre_viations) at the Exchequer Bar: He, by his Pretensions, one would think had the disposal of 40 considerable Places; indeed he has most of the Gentry at his beck, though 'tis a shame to see how poor spi_rited some of them are, to cringe and creep to him, whom most ho_nest Men avoid; though there's a broad mixture in this Man of Knave and Fool, yet he so manages by Tricks and Lyes a certain Person in whose Power 'tis to make you one extraordinary; that a Trial ought to be made of his Interest: And sure, by some of these, with my Assistance, (which you shall never want, a Man of your Birth, Education, and Ingenuity) cann't miss of some Imploy or other. Now Sir, I've told you what's to be done, use your en_deavour; and when you have fix'd upon your particular, come a_gain to me, and I (as Mr. Houghton says) can help. My Enquirer, with his Head full of this Council, takes leave, resolving to medi_tate on it, and put it in Practice; but going down Stairs, he saw a written Paper which Harry's Servant had drop'd; and being curi_ous, took it up and put it in his Pocket to Read at Leisure; the first opportunity he had he opened the Paper, and found as follows: Answers, Excuses, and Observations, to be got by heart, and used, as occa_sion offers, by my Servant Robin.

If a Man knocks hard early in a Morning, with a Cane in his Hand, believe him a Creditor, and the first time answer him, that I am not well, and you dare not Disturb me; to Countenance which, besure two or three days in a Month, tye a Rag upon the Knocker of the Door. The Second time, I was sent for about earnest Business, to any busie Nobleman you first think of. Afterwards say for me, as you would have others say for you to whom you Owe Money; but besure you be not catch'd in a Lie, for People are too apt to believe that Courtiers Servants Lie; tho' they speak Truth, if their Desires be'nt Comply'd with. If it be one that wears a Sword, 'tis Ten to One but 'tis either some body I am in Combination withall to Cheat another, or that he himself is to be Cheated, him presently admit, for from such, Corn comes to the Mill. If it be one whose Company I have shun'd, send him to some Tavern or Coffee-house out of the Verge of the Court, where to besure I never go but on a Sunday.

Some part of the Paper had been torn off, but one may be certain, he had learn'd the whole Lesson by the variety of Shams and Excu_ses he had constantly ready. Bless me, how was my Inquirer Sur_priz'd at the Reading it! and began to conceive that he was fallen into the Hands of a Tongue-Padding Cheating Courtier; but find_ing his Counsel in some measure ought to be followed, he was re_solved to make Applications as he was directed. In a short time by Friends or Money, he was little or much Recommended to almost all Fortune's Darlings, that had the Disposal of any Employs; one or other of them he was almost continually waiting on with the Re_commendation of my Lord such an one, Sir such an one; or honest Mr. such an one; and every one to whom he was Recommended, like true Courtiers, spoke him fair: One promised the next thing that fell; another promised to take Care of him; a Third, out of Kindness, would have him Qualify himself, that upon any Oppor_tunity he might jump in: A Fourth took Money in part; and a Fifth invited him to Dinner, which Gentleman it must be said of him, did him more Kindness than all the rest; for after he had wait_ed half a Year, he found their promises to be only Air; for when the first had power by a Vacancy, to besure he said, He was pre-in_gaged. The Second's care was to avoid him. The Third Gentle_man would not give him Opportunity to Jump, continually Selling Reversions. The Fourth did his Business but in part, for he could never get all his Money again. Thus Shuffled off from one to ano_ther, by fair Words and Promises, he spent a great deal of time, and all his Money to no purpose; meeting with so many Disappoint_ments, and really wanting Necessaries, and reflecting on the Usage he had met withal, and dreading the Poverty he saw approaching, he had fallen into Dispair, but that he had still the Happiness to carry in his Mind, the Thoughts of Futurity, from which he resolv'd as much as possible to be Content; and to strengthen him in his Acqui_essing, and Resignation to a Supreme Will, he often went to Church; but one day going into St. Martin's, th� early, the Surly Clark re_fus'd him admittance into a Pew, which so mightily concern'd him, that he went to his Lodging, and whilst the Thought continued, he Wrote the following Verses.

To what Extremities am I driven, When Parish-Clarks bar my Converse with Heav'n, As much as in the surly Rascals lye; Who by the Face, the Pocket do descry, And Sine Pence, admittance they deny! These under Graduate Peters of the Church, Would Sell to Simon the Heavenly Gift, If to their Avarice and Humour left; Perhaps the Men did my Misfortunes know, Affraid to Trust me, who so much did Owe: Deny'd admittance, lest that I should pray Blessings, for which they thought I'd never Pay.

Having long Rack'd his Brains, and Spent his Money and Time in Vain, his peery Landlord by a Writ, secur'd him a safe place in the Marshalsea durante Vita, unless a Compassionate Parliament re_lease him by an Act of Grace.

Fed up with Hope by such, his Money's spent, But has no greater Prospect, than if Lent To needy Noblemen, of it's return, Who seldom Pay a Debt, but to the Urn. Place-Brokers to Enquirers still speak Fair, Blow up a Bubble Globe, which turns to Air: Like Lottery Projectors draw a Scheme, How Thousands may be got, If, if they Draw the Lot; But Hit, or Miss, there's Profit still to them.

FINIS. |CMS |Y1718 THE FRUIT-GARDEN KALENDAR: OR, A SUMMARY Of the ART of Managing the FRUIT-GARDEN. Teaching in order of Time what is to be done therein every Month in the Year. Containing several new and plain Directions, more particularly relating to the Vine. &horbar labor actus in Orbem; Atque acer curas venientem extendit in Annum, Persequitur Vitem attondens, fingitque putando. &horbar

Virg. Geor. lib.2.

To which is added, An APPENDIX of the Usefulness of the Barometer; with some short Directions how to make a right Judgment of the Weather. &horbar By John Laurence; M.A. Rector of Yelvertost, in Northamptonshire. &horbar LONDON: Printed for Bernard Lintot, at the Cross Keys, between the Temple Gates, in Fleet Street. 1718.

TO THE Most High, Puissant, and most Noble PRINCE HENRY, Duke, Marquis, and Earl of Kent, Earl of Harrold, Viscount Goodrich, Baron Luras of Crudwel, &c. Lord Steward of His Majesty's Houshold, Lord Lieutenant and Custos Rotulorum of the County of Bed_ford, one of the Lords of His Majesty's most Honourable Privy-Council, and Knight of the most Noble Order of the Garter. My Lord,

TRue Honour and Greatness never ap_pear brighter or more illustrious, than when they condescend to patronize and encourage all useful Arts and Sciences. And to whom can any of us more naturally run for Shel_ter and Protection, than to a Person of your Grace's comprehensive Knowledge and Ex_perience both of Men and Things?

I own I am no Friend to the Abuse of AUTHORITY; but when its best Use and End are made to answer Man's Happiness and the Good of Society by En_couragements and Example, then Authority appears in its greatest Glory; and such ex_alted Patterns as your Grace will draw Multitudes after you, to pursue Things that are innocent and useful.

The Subject of the following Papers in a peculiar Manner leads me to your Grace, the great Lover and Encourager of vegetable Nature. For tho' too many can con_tent themselves to live upon the Wast, and as Destroyers; yet how much a Nobler Principle is it to plant and cherish, than to cut down and destroy? And how com_mendable is that unwearied Diligence in your Grace to leave every where growing Monuments of your Wisdom and Care, of your true Re_gard to the Welfare of late Posterity, as well as of the present Age? How far such a generous Principle may be supposed in other Cases like_wise to influence the Publick, I need not say, to those that know your Grace's Station and Conduct.

But what most of all be_comes me to take notice of, is your Grace's Character, of being an Encourager, as well as an Example of Sobriety, Vir_tue, and true Religion; Orna_ments that make Superiors tru_ly great, and highly becoming those especially, who study vegetable Nature, where no_thing is found, but Wisdom, Beauty and Innocence.

That GOD would continue your Grace a Blessing to your Family and the Publick; That he would Crown you with all Blessings Spiritual and Tem_poral, and late reward you with everlasting Happiness in the next World, is the hearty Prayer of

May it please your Grace, Your Grace's most obedient AND Most Humble Servant John Laurence.

THE PREFACE.

To make my Two former Treatises of Gardening compleat, and if possible more intelligible, I have been prevailed upon to add this following Kalendar. The rather; because (as far as I can observe) most of our modern Authors in this Way, have done little else but transcribe from Evelyn, Quinteney, and Woolridge; and therefore have been generally so unfortunate, as to insert their Errors and Mistakes, as well as their useful Rules.

This leads me to say upon this Oc_casion, for my own Sake, and for the Sake of the Publick, that the Book cal_led the Lady's Recreation could not be published by my Approbation, because it was never seen by me, till it was in Print: Besides, I have Reason to think it was an Artifice of the Booksellers to im_pose upon the World, under the borrowed Name of Evelyn.

I hope it will not need an Apology, that, as a Divine, I now and then lay hold of an useful Moral, and am willing to direct the Ingenious Naturalist some_times to look upward. But yet I have taken care to avoid mere Embelishment, or at least such Things as are no Ways to my Purpose: For which Reason I could not satisfy my self to trifle, so as to tell the World, that January hath 31 Days, February 28, and the Moon 29.

Persons that have not had long Ex_perience, may easily fall into Mistakes; and that is their Misfortune: But to lead others into Mistakes, under the Gra_vity of Instructors, is a great Fault; and you know not when to trust such, though they should happen to speak right.

Indeed it seems to me no small Re_proach to the English Nation, that we suffer so many French Books of Gar_dening to be obtruded upon us, contain_ing Rules calculated for another Climate, and which tend to lead us into many Er_rors.

As to my self, I am far from think_ing, either that I have not been, or may not be mistaken: But I can truly say, I would not willingly or hastily lead the Ingenious Gardener into any Error. And I believe it hath sufficiently appeared to the World, that I have all along endeavoured to make the Art of Gar_dening Familiar, Profitable, and Enter_taining.

I have sometimes indeed been so un_happy, as to lie under the Imputation of Blame, for troubling the World with Rules about Gardening, and the Go_vernment of the Vegetable Kingdom, having my self only a small Garden, bad Walls, and a worse Soil. But I flatter my self the more ingenious Part of Mankind will attribute these, not to my Fault but to my Misfortune. And if under such disadvantageous Circumstances, some_thing of Pleasure and Profit too may be had, this methinks should rather give encouragement to All, than be the Occa_sion of Offense to Any; this should keep even the most Unhappy from de_spairing of some Reward of their Labour and Diligence.

If I should still be so unhappy as to be blamed for recommending Vineyards, and giving Rules for the Ma_nagement of them, having none of my own, and being under an Impossi_bility of having any; to such I only say, That my Observations are by no means confined to my own Garden, Soil, and Situation. I experience the Worst; and I can see the Best Abroad. Nay, I bless God, I can see with Pleasure and with_out Envy, what others do or may en_joy, and what I my self want.

To trouble then the Reader here no further, I will only add; that if All or Any of those Directions, which I have laid before the World in the plainest and most familiar Manner, shall in any Degree tend to bring in that Interest of Pleasure and Profit to others, which I have so long in some De_gree experienced my self, it will greatly add to my private Satisfaction, and to the Pleasure I enjoy in my own Retire_ment.

THE FRUIT-GARDEN KALENDAR. &horbar The Introduction.

IT is on all Hands granted, and with great Reason agreed on, that good Laws are necessary and essential to the Being of good Go_verment: But I think it may also with as great Reason be added, that without OEconomy and Order in the Exe_cution of those Laws, the greatest Beauty of Government is lost. For if the Law is not executed, it is only a dead Letter, Useless, and Insigni_ficant: Or if it be executed, yet if it be done without regard to Time and Place, and Circumstances, it will fre_quently lose its Force and its End, introducing of Consequence, Anarchy, and Disorder.

These Observations hold equally true in all Governments and Societies, whether Little or Great, Publick or Private: And I add here too in the Vegetable, as well as Animal Kingdom. For the Lord or Governor over any Part of Vegetable Nature, is not less in Danger of losing the Beauty and Benefit of his Government, from the Want of a seasonable Execution of good Laws, than a Sovereign Prince is, of being deprived of the Blessing of Prosperity, and the hearts of his Subjects, from Partiality or Injustice.

It is, I confess, therefore with a View of restoring and establishing a true and exact Order and OEconomy in a Garden, that I have been prevailed upon to add this Kalendar to the Two other Treatises I have pub_lished on this Subject.

I have indeed therein already con_sulted, and had a due Regard to the Order of Nature, resolving to make every Thing plain and intelligible, e_ven to young Beginners, by a natural Method of Proceeding: But yet what is still desired and wanted to make the Art of Gardening truly pleasant, fa_miliar, and entertaining, is the Order of Time too: To be led, as it were, by the Hand; to be directed and pointed to something to be done, not only each successive Year, but if pos_sible every Day, at least every Month in the Year, towards forwarding the natural Hopes of being rewarded with Fruit and Plenty.

Such a Sort of Manuduction as this must needs be very desirable and easy to the Mind; and every true Lover of a Garden should methinks enter_tain such a Guide with Kindness and Candor; especially whilst nothing is offered to him choaking or unnatural; but all the Rules of Art, though con_firmed by long Experience, are sub_mitted to the common Reason and Judgment of Mankind, and every Man is left to the first Principle of human Nature, of judging for himself.

What the mercenary Part of the Gardeners may think of this Method of treating the Subject, I cannot say. There are certainly some such narrow envious Spirits in the World, that would engross and monopolize all Knowledge; that would make others believe; that the particular Mystery is unintelligible; or at least not fit to be trusted with any but themselves. Where Tyranny and Ignorance pre_vail, this sort of Craft may easily be supposed to prevail also: But amongst us Protestants, where Learning and true Liberty prevail, if we can but keep where we are, no Subtilties or Crafts will be endured, that hinder the Progress of useful Learning, as well as true Religion.

I hope therefore it will not be made an Objection, that I have all along en_deavoured to make this Science plain and easy, and consequently intelligible; because the better it is understood, with so much the greater Success it will be practised, and the more improved; it being my constant Desire and Aim, that no one Person amongst Clergy and Laity, in whatsoever Part of this Island, may ever be deprived of the Pleasure or the Profit of a Fruitful Garden, for want of Rules and Instructions, or of knowing Times and Seasons when to put them in Practice. Or if I could but be so happy, as only to give some Hints, whereby further Improvements might be made, by the Experience and Ingenuity of others, I shall gain the Pleasure and the End I aim at.

There are some Terms and Expressi_ons yet remaining in our Language, with respect to Arts and Sciences, that have a very odd Sound, though per_haps no ill Meaning: As when we are told of a Company of the Mystery of Haberdashers or Merchant-Taylors, and Wardens of the Mystery of Mer_cers, &c. I confess, if the Company of Gardeners should ever incorporate themselves into a Fraternity, I should be very sorry to hear them called, A Society of the Mystery of Gardening: Be_cause, however weak Minds may be brought to reverence what they do not understand, yet I cannot find that wise Men like any Thing the better for be_ing made mysterious or unintelligible; but rather the contrary; and are jea_lous of every Thing that looks like Art in hiding what ought to be known or explained. Howsoever, as far as in me lieth, I have endeavoured to shew that the Art of Gardening is no Mystery, no inaccessible Arcanum; but attainable by a few easy Rules, and a little Experience.

The Study of Vegetable Nature has indeed hitherto been too much neglect_ed: But as the most ingenious Mr. Bradley has now opened a new Scene of Philosophy in the Generation of Plants, it is to be hoped that Attempt will provoke other curious Observers to join with him in making further Experiments, and tracing the Opera_tions of Nature distinctly through its several Stages, from the Conception to the Birth.

When that Hypothesis is once fully settled, as it is now a highly probable one, we shall have a noble Foundation to build practical Truths upon; and it is easy to guess what surprizing and useful Inferences may be drawn from such a new Theory of Vegetable Na_ture.

In the mean time, taking the Cir_culation of the Sap for a Thing granted, and built upon good Reason, as well as undeniable Experiments Besides the Experiment of the Circulation of the Sap in the strip'd Jessamine, mentioned in the 1st and 2d Part, I have since try'd to make an Incision in a strong Branch of a Pear-Tree, as far as the Pith, and afterwards split it Four or Five Inches upward, putting a small Stone in the Opening to continue the Gap. This succeeded as I expected; for at the Extremity of the Lip, where it was disjoined from the lower Part of the Branch, nature formed a weak bearing Branch; which could not otherwise be, but by means of the descend_ing Sap, as may be seen in Fig. 1 at A. The same also is proved by circumcising the Branch of a Pear, taking away three or four Inches of the Bark all round to the Wood: The Ef_fect whereof is, That the descending Sap swells very much the upper Part of the Wound at B in the same Figure; and is (I think) a Demonstration, that the Sap in a Pear, (and as far as I have observed in that alone) ascends in great Mea_sure through the Pith. For such a Branch will live and bear Fruit several Years., I shall continue to proceed upon that Hypo_thesis, and with a constant View to That, shall venture to recommend those Rules and Directions to others, which have proved for many Years so successful to my self, under no very advantageous Circumstances of Soil and Situation.

This Subject, as I have observed above, I have already treated in the Order of Nature; and in that Treatise, I have study'd to use as few Words, as possible, and yet to express my self intelligibly. But if a further Enlarge_ment should seem necessary to some; I hope I have here supply'd that De_fect, now I come to speak in the Order of Time, which will lead me to say many Things before unthought of, and to insert some others not before sufficiently experienced.

However, what I have chiefly had Regard to in my further Explications and more particular Rules, is the Ma_nagment of the Vine, that glorious Plant, which amongst all others, justly claims the Precedency, being esteem'd both by Ancients and Moderns, the King of the Vegetable Kingdom, as Man is of the Animal, and Gold of the Mineral. And that Honour and Precedency is the more aptly given to it as a King, if we consider how analogous Plants are to Animals, accord_ing to the new System of the Circu_lation of Juices in Vegetables; and more so still, if their Method of Ge_neration given us by the afore-men_tioned Curious Gentleman, be ad_mitted.

This Royal Plant, I say, I shall all along treat according to its true Dig_nity and Worth, studying to explain and unfold its Nature, and laying down such particular Rules and Di_rections, that All may understand its Motions, and None be deprived of the Blessings and Rewards which it offers to all its Lovers and Ad_mirers.

There is the greater Need of having something of this Nature said and done; because there is a strange pre_vailing Notion got abroad, as if the greatest End and Use of planting a Vine, being a quick Grower, was to cover the Walls of the House with something Green, to make it look Pleasant and Beautiful to the Eye, without any great Prospect of reaping good or ripe Grapes from it. And indeed, according to the Observations that I have made, it is generally ma_naged accordingly, with great Disre_gard to any exact Pruning, or good Government.

This careless Management of the Vine, is yet but agreeable to the Views Men have in other Cases, whose Labour and Resolutions ordi_narily rise no higher than the Level of that Good, which is desired and hoped for. If the Expectations of Fruit from the Vine be languid and faint, who can hope that the Four several Prunings will be duly watch'd and regarded? And yet I am very well satisfied, that the general received Opinion is, that 'tis a vain Thing to expect good Grapes, when once you get Fifty or Sixty Miles North of London To this Error and Mistake, Sir William Temple, I doubt, has not a little contributed; when he so weakly argues and insinuates, as if neither good Peaches nor Grapes could rea_sonably be expected, when once you get beyond Northampton_shire, and commends the Prudence of his Friend in Stafford_shire; that planted only the best Plums against his South Walls. Where yet (as I am informed) there is excellent Fruit of all the best Sorts. See Garden of Epicurus, Page 116.; of if any one happen to succeed, That is commonly attri_buted to such kind and favourable Seasons, as are not ordinarily to be expected.

Now therefore, that I may at once strike off the main Force of this Ob_jection, and raise Mens Hopes and Expectations upon a Rational Foun_dation in order to Practice, I shall here subjoin an exact Calculation of the several Degrees of the Sun's Heat, answerable to the several Degrees of Latitude, between 44� and 56�, whereby at one View it may easily be discerned, what Proportion of Heat is lost or got by going Northward or Southward.

But because I am obliged to my Good and Learned Friend Mr. Whi_ston, for his kind Letter and Tables upon this Occasion, I shall make use of his Leave to insert them at Length.

Dear Sir,

"I Have considered the Problem you desired the Solution of from me, and have perused the Learned Dr. Halley's Account of the same in the Philosophical Trans_actions, Numb. 203. And the Re_sult of my Enquiry is this: That the Quantity of Heat derived from the Sun is always as the Squares of the Sines of the Sun's Altitude above the Horizon, i.e. that the Quantity or Number of its Rays is still as the Sines of that Altitude; and the particular Force of each Ray, or equal Quantity of Rays (which when more oblique are weaker and more Perpendicular are stronger) is in the same Pro_portion of the Sines also: Which equal Proportions, when com_pounded, do constitute the Pro_portion of the Squares of those Sines. Upon which Foot I have set down Tables of the Quantity of Heat derived from the Sun at Noon on the longest Day, June 10. At the Sun's Entrance into Taurus and Virgo, April 10. and August 12. And on the Equinox-Days, March 10. and September 12. for the several Latitudes from Forty Four to Fifty Six; or from the La_titude of Montpelier in the South of France, to that of Edinburgh in Scot_land; which will be sufficient for an Estimate of the Summer Quan_tity of this Heat in general for the same Latitudes, or so far as the ripening of Summer Fruits is con_cerned: And it will abundantly prove what you aim at; viz. That 'tis not the proper Weakness of the Sun's Heat, that hinders those Fruits from ripening tolerably well in the Middle, or even somewhat Northern Parts of England, which are known to come to considerable Perfection in the Southern Parts of it: Since it is evident by these Ta_bles, that the Difference of an entire Degree in these Parts, is but about the Fifty Sixth Part of the whole Solstitial Heat in June; but about the Thirty Fifth Part of the other in April and August; and no more than the Twenty Third Part, even in March and September, when it is largest: Which seems to be too small to be of very great Conse_quence in that Matter. The other Occasions of Variety of Heat in several Countries, are generally ob_vious, and do not come under our present Consideration. I am, Sir, a hearty Well-wisher to your useful Designs of improving and recommending the Art of Gardening; and withal,

Your affectionate Friend and Brother, Will. Whiston. Cross-Street, Hatton_Garden, Dec. 14. 1717.

N.B. The following Tables and Calculation, though they shew the real Difference of the Sun's Meridian Heat in different Latitudes; yet do not account for the greater Number of Hours of the Sun being above the Horizon, which a Northern Latitude has more than a Southern one; which yet is to my present Purpose to observe. I shall only therefore inform the Rea_der in General, and by one round Number, That during all the Summer Season (the Time of ripening Fruits) betwixt the Two Equinoxes, there are no less than One Hundred Hours of Sunshine at Durham, more than there are at Plimouth, as might easily be shewn by a particular Table.

Tables of the Quantity of the Sun's Heat at Noon, when it is Vertical; at the Summer Solstice; the Two Equinoxes; and the Sun's Entrance into Taurus and Virgo, for the several Latitudes from 44� to 56�. N.B. The Angles are made by adding the Sun's Decli_nation to the Elevation of the Equator.Degrees of Latitude. Place Names. Heat, June 10. Heat, Ap. 10 and Aug. 12. Heat, Mar. 10. and Sep. 12.Vertical Sun. --------- 1000 1000 100044 Montpelier. 880 711 51645 -------- 867 696 50046 Lyons. 854 680 48447 -------- 841 664 46648 Orleance. 828 647 44949 Paris. 814 631 43150 The Lizard. 800 614 41351 -------- 785 606 39651 1/2 London. 777 597 38852 -------- 770 579 37952 1/2 Yelvertoft. 767 574 37553 -------- 757 561 36253 1/2 Lincoln. 753 555 35754 -------- 742 543 34655 Newcastle. 726 524 32956 Edinburgh. 711 506 312

By these Tables it manifestly ap_pears, that though Two or Three De_grees of Latitude do produce some, and that a Mathematical Difference in the Degrees of Heat and Cold; yet that that Difference is but small, much less considerable than is commonly thought, and consequently that there is more Weight laid upon that Diffe_rence than it will bear, when a Gen_tleman suffers himself to be discou_raged from Planting and Managing Peaches and Vines; because he hap_pens to live under Fifty Three of Fifty Four Degrees of Latitude.

For my Part, I am so sensible how little there is in that Disadvantage, that if the Rules I have laid down for managing a Vine be but followed, I am sanguine enough to hope for Suc_cess, even in the most Northern Parts of this Kingdom; and I own it is with Pleasure, that I expect to hear of good Grapes at York and Durham, too.

N.B. In this Calculation no No_tice is taken of the Advantages and Dis_advantages of good and bad Soils, of kind and unkind Climates and Situa_tions; because, though these are in themselves of the last Consequence, and are indeed chiefly to be regarded; yet do not they come under the afore_going Disquisition; but are to be con_sidered separately and apart: Inasmuch as a bad Soil and Situation may fall to the Share of him who lives near Canter_bury, and a good one to him that lives near York.

The former Calculation therefore is supposed to be made under the same or equal Circumstances of Soil and Climate. But then what I would add here is this: That we unjustly com_plain of a Northern Climate, when the chief Misfortune (to say nothing here of bad Pruning) is owing to a bad Soil and Situation, to cold Springs and Clays, subject to Currents of Winds betwixt Ridges of Hills, open to the North, East, or West.

That these are the Evils chiefly to be dreaded and guarded against, if possible, may appear from the want of good and late Fruit in Cornwal, and some Parts of Devonshire, open to the cold Winds; and the Plenty of it to be had in Worcestershire and Hereford_shire, Two Degrees more North. Though indeed it is a Reproach to those Two last named Counties, the very Garden of England, that they do not more encourage Vineyards, and the later Fruits; not seeming to know the Felicity they enjoy of the best Soil and Climate, and of their being so happily guarded on all dangerous Sides by Hills, and yet open to the South.

This however, is to my present Pur_pose to observe, that though there is some small Disadvantage attends every Degree of more Northern Latitude; yet even Three of Four of those De_grees are by no means so considerable a Discouragement (nor ought to be accounted so) as a wet Soil, a cold Clay, and a bad Climate, whereso_ever they happen; I shall therefore venture to say, because I am sup_ported by experimental Knowledge in saying it; That a warm Sand or Gra_vel on a favourable Situation, as far North as Nottingham or York, is much rather to be chosen, because more agreeable and assisting to late Fruits, than a deep Clay unguarded from the North Winds, as far South as Exeter or Plimouth.

For indeed there is a greater Disad_vantage attends a wet cold Soil than most are aware of; because the very Climate in some Cases is affected from the Nature of the Soil, as I have my self had but too fatal Experience; the hovering cold Dews and Frosts here coming on sooner in Autumn, and continuing later in the Spring; where_by I have not only been deprived of at least a Month of that Summer, which most of my Neighbours have enjoyed; but have often lost the tender Shoots and Fruit of Vines and Figs in the Spring, and much of their Fruit in Autumn.

N.B. The aforegoing Calculation doth not respect any extraordinary Cases of Artificial Fires, or other Helps to accelerate the Growth of Nature: For these may be had in any Latitude with Care and Charge, and are, to be sure, most wanted in the North, and in bad Soils, to ripen the later Fruits.

I have been informed, that his Grace the Duke of Rutland, at his Seat at Belvoir Castle in Lincolnshire, has done so much Justice to the Vine, as to have these Artificial Fires con_stantly burning behind his slope Walls from Lady-Day to Michaelmas; where_by he is rewarded with the largest Grapes, and even the best Frontignacs in July.

I have not my self seen them; but it is easy to conceive, that by the Help of Stoves at convenient Distances, and Cavities in the Structure of the Wall to convey the Heat to all Parts, the desirable Purpose of early, large and good Grapes must be attained; espe_cially if the constant Care of Matting them a' Nights be not neglected; without which all would quickly be spoiled by the Cold and Perpendicular Dews or Frosts, that fall so frequently in April and May.

Neither is the Charge of this, as I am informed, so considerable as might be thought; for in a Country of Coals, where a Wagon-Load of the small Sort may be had and brought for Two or Three Shillings, it cannot be supposed to be a great Charge to have Ten or Twelve Stoves constantly burning for Six Months. The most material Thing seems to be the Atten_dance required: And yet that need be look'd upon as only part of the Meloniere, and may be managed by the same Hand, and at the same Times.

Something analogous to this, is a Method that might be practised; of laying large Heaps of long Dung be_hind a Wall of Vines, which by fre_quent stirring and repeating, will have the same Effect as a gentle Fire; and if it might be so contrived, as to have the Garden-Wall where the Vines grow, near the Stable, the Trouble would be little or nothing, but the Advantage every way very conside_rable; still remembring, that if the Vines by any artificial Heat, shoot out before their natural Time, great Care must be used to guard them a' Nights from the Frosts, till April and some part of May be over.

But what Methods soever are pra_ctised for accelerating the Growth of Vines by artificial Heats, it may not be improper to add in this Place; that it is of the last Consequence to follow exactly the Rules of Art in pruning them: Forasmuch as great Care, At_tendance, and Charge is used for the attaining the End of getting good and early Grapes, the more of these are procured in a small Compass the bet_ter; and therefore it would be inex_cuseable to have any part of such Walls as these especially, unfurnished with Fruit; which yet, I doubt, is a Thing not sufficiently considered by those, who are willing to spare no Cost to get good Grapes: Whilst they seem satisfied with having a tolerable Quan_tity on each Vine; when yet, it may be, the same Quantity of good Ones might be had in half the Room.

Which leads me here by the way to remark also, That I could never yet find, that the Vine can ordinarily bear But this observation is to be restrained to the Vine on_ly: All other Fruits (as far as I have observed) do really suffer as to their Taste and Goodness, from too great Plenty. too much Fruit, its great Plen_ty of Sap affording always sufficient Nourishment for the greatest Abun_dance; especially if all the fruitless Branches be removed, as they ought, and as will be directed in its proper Place.

N.B. If all the afore-going Ad_vantages of Soil, Situation, and Cli_mate, were well considered and im_proved, I do not see but it must turn to very good Account to plant a con_venient well-sheltered Spot of Gound, to be ordered in the Method of a Vineyard for making Wine; the Fruit whereof by the help of a very small Quantity of new Raisons, might certainly be made to answer to very good Purpose.

I cannot tell but the South-Side of a chalky Hill may do: but I should ra_ther chuse an untry'd hot Sand or Gra_vel not over-rich, for this Reason; be_cause this will retain the Heat of the Sun much longer, even so as to con_tinue warm in the Absence of the Sun; and consequently the circumam_bient Air will be in a great Measure affected therewith.

I am satisfied there is more in what I now say than is commonly thought; because I have frequently observed the happy Consequences of a warm Gra_vel or Sand, how that it hath really defended what has grown upon it from the Injury of those Frosts, which have made terrible Havock in other Neigh_bouring Places. The great Misfor_tune which we in this Island suffer, with Respect to our late Fruits, is the Unconstancy of the Weather, and great Difference oftentimes betwixt our Nights and Days, as to Heat and Cold; for we do not seem so much to want hotter Days, as less cold Nights: But it is plain from Fact and Experience, that those Inequalities are not near so great and considerable in a dry warm Soil, as they are in a cold wet one. And yet (as I apprehend) no better Reason can be assigned for it, than that the one retains the Effect of the Heat of the Day and the Sun's Beams longer, and consequently makes the whole Air warmer in the Absence of the Sun, than the other.

To the happy Influence of this it must be assigned also as the Cause, why those perpendicular Frosts or Mists, which fall so frequently in Spring and Autumn, do not here fall so plentifully, nor cause such fatal Destruction: Such indeed as must in other Places be carefully guarded against with Horizontal Shelters, if tender or late Fruit be expected.

However, still we shall but deceive our selves, if we trust too much to the happy Influence of a good Soil: I am now only speaking of what is comparatively Good; of what is to be chosen with all the Skill and Discreti_on imaginable, in the Case of plant_ing a Vineyard especially. But were it any way practicable, nothing could more effectually bring Italy into Eng_land, than a Contrivance to take off more of the Influence of our cold Nights and uncertain Weather. This I am perswaded might, in good Mea_sure, be done with no great Charge or Trouble, by means of low ordinary Espaliers about Two Foot high, along the several Rows of Vines, to which their Shoots might be carried horizon_tally and fastened, and the Fruit it self likewise defended by Horizontal Shel_ters, fix'd on the Top of the Espa_liers, made of coarse narrow Planks with a convex Superficies to throw off the Wet; as may be seen more plainly Fig. 2. But a cheaper way still, and as effectual, would be to fa_sten narrow Mats of Straw or Rushes Four or Five Inches wide on the Top of the Espalier, running East and West.

I cannot but think some such Me_thod as this might be of singular Use to remedy the Inequalities of our Cli_mate, and help us to such fruitful Vine_yards, as may afford the same good Wine, which we so eagerly seek for Abroad with greater Charge.

I am throughly convinced how ea_sily good and ripe Grapes may be had in a Vineyard artfully chosen and well guarded, from what I saw the last Year, (and that no very favourable one) in the Garden of that Ingenious Encourager of Vegetable Nature, Mr. Balle at Kensington, who for a Trial has planted a little Spot with Vines in his Garden; Three or Four Shoots from every Plant were supported with Props: And when I was there in the Beginning of November, I saw some very fair Bunches of the blue Fronti_niac tolerably ripe, managed accord_ing to Art, by Mr. Bradley himself. Some of these indeed he told me were planted there by Mistake: But I only infer from thence, what excellent Fruit must be had, and may ordinari_ly be expected, from the black Clusters and Muscadines, that are so much earlier ripe.

Upon the whole then, since I have so heartily recommended the planting Vines in all advantageous Soils and Si_tuations, and have encouraged even the making Vineyards in some of the best and most Southern Parts, I shall think my self obliged to be more than ordinary Particular in my Directions how to manage them; not only, be_cause they most of all expect and need constant Pruning; but because I cannot find, that that Care and At_tendance is ordinarily given them, which is so absolutely necessary to the Production of good and ripe Grapes. But neither shall I forget what I have promised: To lay down such plain Directions and Rules for the Govern_ment of a Fruit-Garden in all the Ar_ticles of it, that the practical Part of Gardening may become as easy and familiar, as the Theory is delight_ful and entertaining to all.

|CMS |Y1729 THE LIFE OF Mr. James Spiller, THE LATE Famous Comedian. In which is interspers'd much of the Poetical History OF His own Times. &horbar By George Akerby, Painter. &horbar LONDON: Printed for J. Purser in White-Fryers, Fleet_Street. 1729. (Price One Shilling.) THE LIFE OF Mr. James Spiller.

THE transmitting to Posterity the Lives of Persons who have ren_der'd themselves, in any Manner, or Science, whatsoever, ornamental to a Commonwealth, is a Work that is not only due to deceased Merit, but redounds to the Ho_nour of the Person who undertakes and executes it with Truth and Ability. On this Account, Plutarch still lives, and participates the Re_nown of those illustrious Persons, whom his victorious Pen has rescued from the Triumphs of the Grave. The Present Age is acquainted with, and admires alike Suetonius, and the Twelve C�sars; And the British Heroes of the ROAD communicate a Share of their own Glory to Captain Alexander Smith, the learned Preserver of their Exploits and immortal Fame.

Under the Encouragement of such notable Examples, I have ventur'd on the following Piece of Biography, and flatter myself, that as the Hero of my Discourse was a Person of im_portant Consideration in Great Britain, I shall derive to myself no small Portion of his Merits and universal Applause, by the honest and pi_ous Regard which I have shewn to his Me_mory.

Mr. James Spiller was born in the Year of our Lord 1692, of honest and reputable Pa_rents. His Father was indeed no better than the Gloucester Carrier; but having scraped a pretty handsome Sum of Money together, by his own Industry, and having but this one Son, he was resolved to breed him a Gentleman, if Persons may be allowed to be such, who prac_tice the Liberal Arts, and if Painting may be accounted one among them: He accordingly put him Apprentice to Mr. Ross a Landskip Painter, in whose Business, having always a very lively Genius, he grew a tolerable Profici_ent in a short Time; but a sedentary Life being, by no Means, agreeable to his natural Gayety and Vivacity of Temper, he betook himself very young to one more suitable to his Inclinations, tho' not altogether so genteel or profitable, and went with a Company of Strolling Players, into several Parts of England: and so well qualified was he for this Employ_ment, that into whatever Place he came, or in whatever Play he acted, he was, at all Times, the Life of the Performance, and the greatest Support of the Company; but although he pleased his own Humour by this Way of Li_ving, yet it was so much against the Will of his Father, that he was hardly ever prevail'd upon to do any thing for him afterwards. So difficult a Task it is for young Men to curb their headstrong Desires, tho' check'd by the strongest Ties of Duty and Interest!

The Parts he usually appear'd in, were those of low Comedy, not, but that sometimes, in the Country, where Heroes are not very plen_tiful, he has represented Alexander the Great, Mithridates King of Pontus, although it must needs be confessed, excellent as he was in his own Way, these Parts were but burlesqu'd by him; but when he came upon the Stage for Hob in the Country Wake, the Widow Lackit's foolish Son, Daniel in Oroonoko, Costar Pairmain in the Recruiting Officer, and many others of the like Sort: His Looks, his most significant Shrugs and Gestures, would oftentimes set the whole Audience a laughing before he had spoke one Word.

Notwithstanding by the Liberality of several Persons of Condition to Mr. Spiller, who were willing to encourage One, who had so much Merit in his Profession, he was set above the Necessity of the Rest of his strolling Com_panions; yet he was often-times pretty much in Arrear, especially at the Tap; (for Mirth is sometimes thirsty as well as Grief) and meeting at a certain Place, (I think it was at Stamford in Lincolnshire) with a Landlord, who had no great Share of Faith, he was suddenly seized by two Bailiffs, one Eve_ning, for Three Pounds, Eleven Shillings, just as he was going upon the Stage. He begg'd he might perform his Part, and when that was over, he would go with them where_ever they pleas'd. They told him they did not care to part with him now they had got him. No more you need, replied he, For you shall both go upon the Stage, and act a Part with me, if you please, that you may be sure I will not go out of your Sight. How can that be? said the Bailiffs, We don't know how to act or speak before so many People. O! answer'd the other, Here are two Parts in this Play, wherein there is Nothing to do or say. In short, he was to act, that Night, the Country Squire in the Comedy called �sop; and he prevailed with the Bailiffs to lead in his two Hounds for him; and finding an Opportunity to get to that Side of the Stage which was near a Door into the Street, he got clear off, and when he was quite out of Danger, could not help laughing to think how he had given each of the Bayliffs a Dog to hold.

It was not long e'er the Master of the Com_pany found the Want of him, by the Receipt of his House, and took all the Ways he could think of to recover him, but all to no Purpose, for he was soon got into another very distant Part of the Kingdom, and in the Year came up to London, and was receiv'd into the Play-house in Drury-Lane, which was, at that Time, under the Management of that great Genius, Aaron Hill Esq; and one Mr. Collier, a learned Attorney at Law; some of the princi_pal Actors being then at the Hay-Market, but there was left a very good Company at the Old House, among which were Mr. George Powell, Mr. Booth, Miss Santlow, Mr. Bullock, Mr. Norris, Mr. Pack, nor was Mr. Spiller, the Subject of our present Discourse, the most de_spicable among them. He was well receiv'd at his first Appearance, and every Day gain'd on the good Opinion of the Town. The first Part for which he was very much taken No_tice of, was that of Corporal Cuttum in the Wal_king Statue, written by the abovesaid Mr. Hill. It would be an Injustice to that illustrious Poet, if we were not to take Notice of the grateful Sense Mr. Spiller always expressed of the Fa_vours he had received from him, in so much that when he has happened to be mentioned in his Company, he would even grow wan_ton in his Praise. It is to the fostering Kindness of this worthy Gentleman that the Town is indebted for some of its greatest Geniusses! Such is that Phœnix in her Way, Mrs. Eliza Haywood; the most inimitable Mr. Rich_ard Savage; and that sweet Bud of Poetry, who was out off in the Spring of his Life, Mr. Thomas Patterson. It is Spirits like these that adorn the Age and Country they live in, and who, as that ingenious Lady, the Author of Mr. Savage's Life says, have something in the Force and Sprightliness of their own Ima_ginations, which more than makes amends for their Ignorance of the Classics; for what was Sapho if compared to the first, or Homer and Virgil to the latter!

But to resume the Thread of our Discourse: the two Companies in the Hay-Market and Drury-Lane being again united, the Managers thought fit to dismiss Mr. Spiller, who, as they would have it, could act no Parts but such as were in Mr. Pinkethman's Way; and they had always received too much Profit from Pinkey's Phiz, to encourage any Body to put that out of Countenance.

Mr. Spiller forced again to return to the Strolling-Trade, made himself as happy as possible, and the more so, by marrying Mrs. Elizabeth Thompson, a good pretty Woman, and one who might have made a tolerable Figure on the Stage, was it not for a little too much Affectation; but it is the Misfor_tune of a great many fine Women as well as she, when Nature has made them perfectly agreeable, to marr her Handywork, and make themselves the Reverse, by their own Distor_tions of Body and Features.

The Desire of several Persons to have Mr. Spiller on the Stage again, who had seen him there before, and the Report that was made of his excellent Performance in the Country, made the Managers of both Houses, (for now Lincoln's-Inn-Fields Theatre was opened) send pressing Invitations for him to come to Lon_don; and indeed it must be own'd he had partly made an Agreement with the Master of the New House to come to him, notwith_standing he went for a short Time to Drury_Lane; but when the first, as he is himself a most religious Observer of his own Word, sent a Friend to him to put him in mind of his Promise, he went away that Instant, although he was already dress'd for his Part in the Emperor of the Moon. His Wife came with him hither, but I cannot learn that she was very remarkable for any Thing but speak_ing in Men's Cloaths a Prologue to that incom_parable Tragedy call'd Mangora, King of the Timbusians, a Play, of which no Part of the Town were capable of tasting the Beauties; nay, some ill judging Criticks have ventured to say, that it abounded with Faults, tho' I think there have been no printed Remarks upon the Plot, the Manners, the Sentiments, and Diction of it; No, no, they knew it would be a hard Task to go so far as that: But however they went far enough to provoke the Honourable Author to write a Defence of his Play, which he set forth in that facetious Pamphlet, entituled the Mus Muzzled, which, egad, did their Busi_ness for them, and smote them all Hip and Thigh. This Mus Muzzled, was to be found on every Bulk and Stall in Town, and was not dispersed in such a clancular Manner as the New Edition of the Dunciad: But why should we wonder at any Thing done by a Person, who makes no Bones of the brightest Men of the Age, by one, who can attempt to render contemptible such an amiable Cha_racter as that of Mr. Edward Ward, when all the World must own his Hudibrastic Verse has put Mr. Butler as much out of Counte_nance, as Mr. Charles Johnson's and Mr. Oding_sell's Comedies have eclipsed the Names of Congreve and Wycherly. Nay, the very Lau_reat himself cannot escape him, tho' I would fain know on which of his Predecessors Mr. Eusden thinks that Title was more deservedly bestowed than on himself, notwithstanding Spencer, Ben Johnson, and Dryden were of the Number. Nor is even the Grave a Shel_ter, or Shield from the Edge of this Gentle_man's Satyr, but poor Mr. Durfey is raised again from the Dead to be maul'd in the Dun_ciad. I would here attempt the Character of that great Lyric Poet, but that I fear the ill-natur'd will say, I am like my Lord Plausible, com_mending every Body; but I hope the Judici_ous will see that I have not given Praise to any one but who is truly worthy of Praise. No one can charge me with lavishing my Compliments upon the late Mr. Addison, or the present Dean of St. Patrick's: I have wa_sted no idle Ink in a Panegyric upon the Beggar's Opera; and as for the Dunciad, I don't in the least doubt but in a few Years it will be as much forgotten, and as little admired as the Dispensary.

Before I quit this Author, I must take No_tice of his barbarous Usage of that Father of English Criticism, Mr. John Dennis. Are his Labours to be wedged in between Ward and Tibbalds on the Back of his Ass? Oh Envy! Envy! What would he turn the most Vene_rable of all Criticks into Ridicule? Has not the Force of his fine Reasoning, nor his tre_mendous Aspect sufficient Power to awe him? Will he not take his own Word, that no Author now living has done so much for the British Stage, or defended so manfully the Cause of the British Muses? And is not theirs the Cause of our Country? What do our Armies fight for, what do our Senates debate about, if Poetry be suffer'd to languish? This awful Bard has by the Harmony of his own Numbers, shewn himself fit to judge of the Performance of others,

&horfill; he alone Should censure freely who has written well.

I will boldly venture to affirm, notwith_standing all that Mr. Pope and his Adherents can say, that there are some of this Gentle_man's Plays not to be equall'd by any that have come after him, I will hardly except the afore-mentioned excellent Tragedy of Mangora. Not only his own Country, but all Europe have confess'd their Admiration of his Play call'd Liberty Asserted; and her late Majesty's Ministers at Utrecht, found such Difficulties in their Negotiations upon Account of that Play, that sure it is not so long ago, but every one may remember how much the Peace was retarded thereby, because they could not be brought to consent to the sacrificing so valuable a Person as the Author of it, to the Fury of the French. As we are now in strict Alliance with that Na_tion, I would not rip up old Sores, nor men_tion their fitting out a Privateer to spirit him away from the Coast of Sussex, but only to shew of what Consequence this Gentleman has been esteem'd in the World; and now in his Decline of Life, to be treated like one who never wrote any Poetry worth reading himself, and yet has made severe and sense_less Remarks upon other People, is inhuman to the last Degree. The Character these his Enemies give of him, puts me in Mind of a certain old Gentleman I have heard of some where about Charing-Cross, who seldom leaves the Tavern till Morning, but is constantly railing at late Hours and Debauchery.

If the Malice of the Author of the Dun_ciad continues, I shall shortly expect to see the sacred Names of Mr. Edward Biddle, and Mr. Pickering Rich, used with as much Con_tempt as any of those he has been already pleased to satyrize. Nay, who knows but in Time he may take it into his Head to call in Question the Merits of Mr. Giles Jacob, and Mr. Bazaleel Morrice. The great Estate and Titles of the Author of Love in a Hollow Tree, it is to be hoped will be a sufficient Defence against his Lash; but it must be allowed by all Men, that he has made free with some who are but little inferior in Genius to that wise and learned Peer.

Now begging Pardon of my Readers for this long Digression, let me remember where I left Mr. Spiller, 'twas at Lincoln's-Inn-Fields Play-House, in full Possession of the Applause of the Town, and in full Pay. In the Year 1715, Mr. Rich, the Patentee of the House, having resign'd the Use of his Theatre for four Nights in a Week to Mr. Keene, and Mr. Christopher Bullock, Mr. Spiller was caress'd by these new Partners, if possible, with more Fondness than by their Predecessor in the Management. From the Grace in which he stood with the Town, those Gentlemen drew no small Presages of the large Advantage they should gain in their Contract, by the Merit and Applause of his Performances. In pur_suance of this Prospect, they thought it for their Interest to get up all the Plays in which he could play any Part. Nay, I am inform'd, that they have even procur'd Plays to be wrote on Purpose, that he might have an Opportu_nity of displaying his facetious Talents for the Entertainment of the Town. As the first Instance of which, I shall mention a Comedy call'd, The Woman's Revenge: Or, A Match in Newgate; which at this Day bears a very good Character, and brings considerable Audiences, wrote by Mr. Christopher Bullock, one of the above-nam'd Managers, and dedicated to Mr. Spiller, by that Gentleman, in Gratitude for the happy Figure he made in it. Which De_dication, upon the Account of it's Humour, I shall take the Freedom to transcribe.

To my merry Friend, and Brother Comedian, Mr. James Spiller. Dear Jemmy,

MY Choice of you for a Patron, will ac_quit me of those detestable Characters which most of our modern Authors are ob_noxious to, from their fulsom Dedications; I mean a Mercenary, and a Flatterer: My pre_fixing your Name to these Sheets will clear me of the Former, and there is no Fear of incur_ring the Scandal of the Latter, since the greatest Encomiums which my humble Pen could draw out, come far short of your just Praise. I could expatiate on your many excellent Vertues, your Chastity, your Temperance, your Gene_rosity, your exemplary Piety, and your judici_ous and fashionable Management in your Con_jugal Affairs: But since I am so well acquainted with your Aversion to Reading, I shall con_tent my self with mentioning the many Obliga_tions I have to you, particularly for your good Performance in this Farce, especially in your last Part; I mean that of Padwell; in which you was a shining Ornament to the Scene of Newgate: And you must not think I flatter you, when I tell you, you have a natural Impudence proper to the Character, and became your Fet_ters as well as any that ever wore them. And I am sorry I could not, without giving Offence to the Criticks, and deviating too far from the Rules of Comedy, bring you to Tyburn, for the better Diversion of the Audience; but I hope you are satisfied with my good Wishes, and will give me leave to subscribe my self,

Your obliged Humble Servant, Christopher Bullock.

His grateful Sense of the Compliment paid him in this dedicatory Epistle, (which certain_ly carries the same Air of Truth, as the great_est Part of those Dedications which do Honour to the Majority of the richest of our Commoners and the whole List of our NOBILITY) he has frequently express'd, amongst his most intimate Companions, but delay'd, by un_foreseen Accidents, making his Acknowledge_ment in Print, 'till the first of March 1728, which he did under the Character of Peter Padwell, upon the Account of the unreasonable Success of Mr. Gay's Beggar's Opera, which he affirms was stole from Mr. Bullock's afore_said Comedy, of The Woman's Revenge, Or The Match in Newgate, as the Reader will per_ceive by the following Letter of Mr. Spiller's to Miss POLLY PEACHUM; which I think it may not be improper to insert here.

To Pretty Miss Polly Peachum. Pretty Polly say, What makes Jonny Gay, To call, to call, his Newgate-Scenes, The Beggar's Opera? Silly wretched Man, Such a Flame to Fan, To think of quenching Lover's Pains, That any Dungeon can.

BUT hold me, dear Duck, whither am I running in Musical Notes, when my only design is to Forewarn and admonish thee in Mournful-guise of the great Danger we are in, from this Damn'd Thieve's Opera we are so merry about.

Pol &horfill; pray retain in your Memory what the honest Cobler says in Sir Fopling Flutter &horfill; Ale and History Master, &c. for which Reason, take Notice, my Girl, if we are put into the Crown Office, and after that into Jail, for the Sins of other People, I here enter my Protest in Form against these Treasonable Scenes,

As they are fully prov'd to be, By Phil. Harmonicus's Key.

In the Days of that immortal Stuart, King James the First, there liv'd one Mr. John Marston, who wrote Eight Plays. One of which, call'd The Dutch Curtezan; was Prin_ted in the Year 1605, and eight and Twenty Years afterwards, 1633, it was reviv'd with great Success, under the Title of The Revenge: Or, A Match in Newgate. &horfill; And in the Year 1715, being the Second Year of King George the First, (God bless his Memory) our dear Brother Mr. Christopher Bullock, Re_revived this Comedy, and call'd it A Woman's Revenge: Or A Match in Newgate.

And now you see, in the First Year of King George the Second, that Mr. John Gay, who turns the Transactions of all the World into Fables, has Metamorphosed Mr. John Marston's Dutch Curtezan, into the Dutchess of &horfill; and your Mother acts the Part, and does not prove her Marriage.

Ev'ry Page Gay has writ, Tho' 'tis stuff'd up with Metre; Points out P&horfill;y and Parliament, God bless the Speaker.

In short the Truth ought to be told, our Bro_ther Bullock's Match in Newgate is a harmless, inoffensive Farce,

And Dedicated was to me, As you may very plainly see.

The Beggar's Opera Mr. Gay stole from Mr. Bullock, who only borrowed it of Mr. Marston, and the Law says, The Receiver is as bad as the Thief: Besides it is most certainly a Libel against the K&horfill;g and G&horfill;t,

And we shall all be soused for our Folly, Lockit, Macheath, Padwell, Peachum, Polly, By other Folks Crime, Let us learn to Beware. And keep our own Noddles, Girl, out of the Snare. Paddington. St. David's Day, 1728. Peter Padwell.

Nor did Mr. Spiller, in a less generous Man_ner testify his Acknowledgements to Mr. Keene and Mr. Christopher Bullock, his constant Friends, at a Time when ev'ry new Perform_ance drew the whole Attention of the Town to Drury-Lane Theatre, and the Cobler of Preston, a Farce, wrote by the ingenious Mr. Charles Johnson, who is celebrated for many other applauded Pieces, besides the Masque_rade and the Village Opera, the last so strenuously recommended by Caleb D'An_vers, Esq; than by getting into Company with his Brother Pinkethman one Evening at the Gun-Tavern at Billingsgate, who had the Part of the Cobler, then in Rehearsal, in his Pocket. These Gentlemen, who had with an equal Warmth the Honour and Interest of the British Stage at Heart, soon gave up the Animosities that generally arise between the Comedians of Rival Theatres, and enter'd into a free, and entirely mirthful Conversa_tion, shewing themselves, what Mr. Addison says of the late Duke of Marlborough and Prince Eugene, in the two following Lines in his excellent Poem of the Campaign,

Great Souls by Instinct to each other turn, Demand Alliance, and in Friendship burn.

But Mr. Spiller, (I wish I could cast a Veil over this Part of his Life,) had a sinister View, which neither of those Two Great Generals were capable of; he meditated the Dishonour of the Men he convers'd with, and taking the Advantage which he had wait_ed for, of Mr. Pinkethman's being overtaken with Liquor, without any Regard to the Laws of Society, Honesty and Justice, stole the Part of the Cobler out of his Pocket, and discharging, (as he was always exceeding Generous, when he had, as he used to call it, The Cole upon him,) the Reckoning, took his Leave of the Tavern, left his Brother Pinketh_man drunk and asleep, and went immediately with his Prize to his Friend and Patron, Mr. Christopher Bullock; who being a Person of an admirable quick Turn of Thought, and one who always knew what would make for his Interest, embraced Mr. Spiller and his invaluable Piece of Theft, with all the Trans_ports that naturally arise in a truly Poetical Bosom on such an Occasion: He instantly fell to work, and by the Hints given him by Pinkethman's Part of the Cobler, was able to bring upon the Stage a Farce of the same Title as Mr. Johnson's, a Fortnight before the other House could present theirs, through the above-mentioned Advantage taken of Mr. Pinkethman by Mr. Spiller, the former not be_ing able to recover his Part, tho' he used the greatest Application in less than that Time.

Now I would have the Reader to observe, that Mr. Bullock, who always prided himself upon his Attachment to the Principles of Toryism, not only robb'd the above-mention'd ingenious Mr. Charles Johnson of great Part of the large Profits which he expected from the Run of a Farce, which was wrote, so much to the Support, and the Defence of the H&horfill;r Succession, but wrote his own Farce, call'd The Cobler of Preston, likewise in quite another Manner, turning into Burlesque and Ridicule all Mr. Johnson's Thoughts and Designs, and giving Spirit to that Party which Mr. Johnson had rendred contemptible and Spiritless. To this, the Gentleman who is the Subject of my present Discourse, may be said to be accessary, and his Principles with respect to the Govern_ment, may be brought into Dispute, as he not only knew his Brother Pinkethman to be a fer_vent Friend to the Interests of his late M&horfill;y, and his Administration, but was satisfied that his Patron, Mr. Bullock, for whose Sake and Interest he was guilty of so felonious an Act, as picking Mr. Pinkethman's Pocket, was a Person whose Hopes depended entirely on the Favour of a contrary Party.

To strengthen our Suspicion of Mr. Spil_ler's unhappy Sentiments, with regard to the G&horfill;t, and to shew the mutual Confidence that seemed to subsist between Mr. Christopher Bullock and him, I shall now take Notice of another Farce, call'd The Perjuror, wrote likewise by the abovesaid Mr. Christopher Bul_lock, which was acted in Opposition to the Nonjuror, a Comedy written by that un_doubted Lover of, and Ornament to his Coun_try, Mr. Colly Cibber, and in which Mr. Spiller bore a considerable Part, and spoke a Prologue to it, which gave Mr. Cibber and the Court-Party no small Chagrin. No Body will wonder if this Farce had a considerable Run, to very large Audiences of Persons who went under the Censure of being disaffected to the Government, since Mr. Spiller was the Comedian, who, next to the Party-Jokes in it, gave, by his Performance, a Life and Spirit to it.

The Liberty I have taken with Mr. Spiller's Character in these Reflections on his Moral and Political Conduct, may, perhaps, seem very surprizing to those who are acquainted with the Intimacy that has been between us for near twenty Years: But the Regard I have to Truth, and my own Reputation as an Historian, compels me even to break through the Bands of Friendship; nor can I leave such a Chasm in my History, as omitting a Circumstance of such Moment to the curious Reader, as that, of his going from Mr. Rich's Theatre, (for Mr. Keene and Mr. Bullock were both dead,) in the Year 1720, to Ireland, immediately after his Benefit Night, when he received through the Generosity of the Town, an Hundred and Seven Pounds in Money, out of the Office belonging to the Play-House, and did not give any of his numerous Creditors the Favour of a Visit. He stay'd there till his Pockets were quite drain'd, or, (as he himself term'd it,) he was Seedy; and being requested by Mr. Rich to return to his House, thought it no disagreeable Invitation, and according_ly accepted of it, and came to London, and was re-established in Lincoln's-Inn-Fields The_atre; but such are the Charms of good Liquor and good Company, that four Pounds a Week were not enough to keep him out of the Hug_ster's Hands; and having mortgaged his Pay, and taken up several Sums of Money at extra_vagant Interest, he was forced in the Year 1722, to take Shelter in the Mint, and being drove to very great Straits, he was reduced to have a Play acted for his Benefit in that Place; but the South-Sea Business having brought a little better Company there than usual, he made a Shift to scrape together about Twenty Pounds: The Play was The Drummer: Or, The Haunted House, to which, upon this Oc_casion, he himself wrote the following Epi_logue, which has been already printed in a Paper that came out at that Time, called The Whitehall Journal, but from a very incorrect Copy, above Ten Lines being omitted in That, which are here in their proper Place.

EPILOGUE Written and Spoken by Mr. Spiller, for his own Benefit, in the Mint. OUR Journals have so much your Minds engrost, From Mist and Cato, down to Heathcot's Post, With strange Adventures in the Church and State, And sometimes on the Stage new Turns of Fate; That to divert you in your proper Sphere, I'll shew my Fortune's Revolution here. Odd may it seem indeed, a very Joke, That Player should complain of being broke; But so it is. I own it, void of Shame, Since all this worthy Circle are the same. But Pardon &horfill; I perhaps mistake the Matter, You mayn't have all Occasion for Mint Water: Were't so, our Fate we need not much deplore, For Men of Note have made this Tour before. Since South-Sea Schemas have set the World a madding, Some topping Dons have hither come a gadding. Pall-Mall no longer can some Sparks delight, And Covent-Garden grows too unpolite, These much renown'd in Stocks, and some in Print, Have learnt to shift their Lodgings to the Mint: Who in 'Change-Alley can no longer meet, Now keep their Cash in mimick Lombard-Street. The Wits indeed find no great Change of Fare, They still enjoy their usual Diet &horfill; Air. Next to myself &horfill; and What brought me to th' Place, 'Twas neither Stocks, nor Wit, nor too much Grace. You needs must read the Reason in my Face; 'Twas owing Money, that eternal Plague, And Dread of Three Bailiffs. Duel, Morrice, and of Hague. But here we're snug from all such merc'less Wretches, Fenc'd round by fragrant, Baily-dipping Ditches. 'Tis true, their Waters are not quite so clean As those which flow from Poet's Hippocrene, But, like Red Seas, they keep th' �gyptians from us, And safely guard us in this Land of Promise. And faith they have some Inspiration too, For 'till this Night my Pen I never drew, But such their Pow'r, this Epilogue will show it, By Them, or Poverty, I'me made a Poet. A Virgin Muse, Gallants, should find some Grace, She may prove kind in Time: She's in a hopeful Place.

This was the first Piece of Poetry my Friend Mr. Spiller, as he assur'd me himself, was ever guilty of; It is very certain, notwithstanding all the Care I have taken to give the Publick as exact an Edition of it as possible, there are many obscure Lines in it, which must arise from the Carelessness or Interpolations of Co_pyists, but the learned World may shortly ex_pect to see the Genuine Text restored by that elaborate and circumstantial Critick Mr. L. T. who, as I am told, has spent some Time about it, and designs to publish it with such ample Notes, as will make, with the Prolegomena, Testimonia Authorum, and Appendix, two Volumes in a handsome Octavo: This is a Work which, it is to be hoped, for the Usefulness of it, will meet with Encouragement from the Publick, the Subscription not being above 25 Shillings in Sheets, and as to the time of its being delivered to the Subscri_bers, every Body knows how punctual this Gentleman has always been in this Particular.

As it is impossible for any Man, how in_offensive soever in his own Behaviour, to pass through the World without making some E_nemies, so Mr. Spiller was not without those who maliciously and groundlesly reported this Epilogue was not of his own Writing, but that he was assisted therein by the great and admir'd Authors of that Never-to-be-forgotten Dramatick Opera called Penelope.

I must own I have here a strong Desire to enter upon the Character of those immortal Poets, who never had met with a Paralell in the Dramatick Way, if Mr. Johnson had not come from Cheshire, to oblige the Cities of Lon_don and Westminster with his Hurlothrumbo, or News from Terra Australis Incognita at the same Theatre, but that I have already tired my Readers by too long Digressions, and should I once begin upon so copious a Subject, and give the proper Eulogiums due to each of those memorable Bards, I must swell my Volume much beyond the Size I propose, and make a bound Folio, or a Quarto at least: Besides, I can the more easily put the Restraint upon myself, since I am informed that Capt. Alex_ander Smith, the renowned Biographer, whom I have mentioned in the former Part of this History, has undertaken to write the Lives of the modern Poets, with the same Accuracy and Elegancy of Stile, as he has shewn in the Lives of the Highwaymen, and in this inten_ded Work, no Doubt, Justice will be done to two Authors who maintain so considerable a Rank in the Commonwealth of Letters.

The Applause Mr. Spiller receiv'd from his Friends and Companions upon the Account of the above-mention'd Epilogue, encourag'd him to try his Genius in several other Pieces of Poetry: And tho' Mr. Christopher Bullock in his above-printed Dedication of The Wo_man's Revenge, Or, A Match in Newgate, to him, was pleas'd to compliment him upon his being an Enemy to Reading, I have it in my Power to assert the contrary upon my own Knowledge, I my self having at his Desire, borrow'd Byshe's and Gildon's Arts of Poetry for his Assistance, from whence having learn't the Rules of Measure, and furnish'd his Head with as great a Competency of Jingles for the Ends of Verses, as most of our Squab-Poets about Town can make Boast of, he brought forth several very pretty Pieces, with which he frequently entertain'd his Friends in private, though his Modesty would not give him Leave to make them public, he once ventured so far as to re-translate the Third Ode of the Ninth Book of Horace, from an old Translation, which he bought for Two-pence in Duck-Lane, after the following manner.

HORACE. While I was welcome here, and thee Not any dearer Youth caress'd; Methought not Persia's King could be So with his whole Seraglio bless'd.LYDIA. While you could feel no other Flame, Nor Lydia next to Cloe love; Your Lydia was a greater Name, Than Mistress e'en of Mars or Jove. HORACE. I'm now the Cretan Cloe's Slave, She sings and plays, Oh charming fine! And would the Fates her Life but save, I would not fear to lay down mine.LYDIA. Me, Calais, Ornith's Son and Heir, Does with a mutual Passion heat; To die, and die again, I'd dare, Would that redeem the Boy from Fate.HORACE. But say; should yet old Love revive, And link us in a firmer Chain; If charming Cloe out I drive, And take cast Lydia in again.LYDIA. Though He; a gentle Soul and civil, Gay, generous, doting-fond, and true; Thou whimsical, thou testy Devil, I e'en would live and die with you!

The writing these Verses was occasioned by a Quarrel and Reconciliation between him and one Mrs. Stratford, dwelling in Wild-Street, with whom, after his Separation from his Wife, he lived for some Time in great Inti_macy. And here it may not be improper to give the Reader a Notion of Mr. Spiller's Taste of Beauty, by describing the Person and Per_fections of this Lady, who had the Happiness to captivate his Heart. She was in Stature just rising to that Height where the Graceful can only begin to shew itself, of a lively As_pect; and a Command in her Mien, that like the principal Figure in the finest Paint_ings, first seizes, and longest delights the Eye of the Spectator. Her Voice was shrill, strong and piercing; her Pronunciation indeed a little too Voluble, and her Emphasis always placed with great Spirit in her Periods. She had one peculiar Happiness from Nature, she look'd, and maintain'd the Agreeable at a Time, when other fine Women only raise Admirers by their Understanding. 'Tis true she could not boast much of her Paraphernalia, her best Gown being a Coventry Yard Wide, a pretty deal the worse for wearing; but Mr. Spiller, while his Amour continued with her, did the utmost in his Power to see her dress'd according to her Condition, and, even when he was on the other Side of the Water, al_low'd her Fourteen Pence a Week, and gave her Three Shillings and Six-Pence at one Time, to buy her a Hoop at Rag-Fair: And not long af_ter this, upon Valentine's Day, he sent her, as she assured me herself, the following Copy of Verses, with a new flourish'd Apron.

To Mrs D. S. Health, Sense, and Virtue, Gifts Divine! Still bless my lovely Valentine! She, who would truly bright appear, Must be as prudent as she's fair. An unaffected Modesty, Hath lasting Charms, which far outvie The finest Shape, the sparkling'st Eye. Beauty alone may Conquests gain, 'Tis Virtue must secure her Reign. There are who each Perfection prize, The Amorous This, and That the Wise. But when we both united find, The Body fair, and bright the Mind, What Words can so much Worth unfold? The Diamond is set in Gold! Alike the Grave and Gay admire, All burn, but with an hallow'd Fire. In you, fair Dinah! with Delight, I see those diff'rent Charms unite; And thus, with Ribbons, Fans and Gloves, Whilst others Valentines their Loves Regale, the Tribute that I send, Bespeaks the Lover and the Friend. This flow'ry Linnen has Pretence To grace thy blooming Innocence. O! guard it safe! Let no rude Hand Stray o'er, and soil this spotless Band? Now, pure in it's own Snow, how fair, How like yourself does it appear! When once 'tis rumpled, stain'd and torn, It may disgrace, but can't adorn. Away the worthless Thing you'll throw, Just as lewd B&horfill; did you know who.

By the foregoing Verses, it may be imagin'd that Mr. Spiller's Passion for Mrs. Stratford was purely Platonick, by talking so much of her Virtue, and indeed, altho' she admitted Visits from him, she was cold to all Mankind besides, and rather than suffer another to share those Raptures which she preserv'd alone for him, or prostitute her self for Gain, she has conde_scended to several Employments much below the Dignity of one who sometimes lay by the Side of so great a Man; such as dealing, at one Season of the Year, in Asparagus, and at another in Rumps, Burs, and hot bak'd Faggots.

Now I am upon the Topick of Mr. Spiller's Amours, I cannot omit that which he carry'd on with Mrs. D&horfill; the Duke of R&horfill;s Mistress, which lasted for a considerable Time, but ended, at last, in a great Quarrel between them, and the utter Ruin of Mrs. D&horfill; in the Duke's Favour, through Mr. Spiller's inadvertent Discovery of the Intrigue for a Joke; For being dress'd a little cleaner than ordinary, and the Duke happening to be behind the Scenes, could not help taking No_tice of it. "Yes, (says Jemmy) my Linnen is not only clean, but as fine as any of your Grace's. "That's impossible, reply'd the Duke, upon which the other shew'd his Grace the Coronet and his own Mark upon his Shirt, it being one Mrs. D&horfill; had, that Day, lent him. The Duke, by this Circum_stance being convinc'd of what he had some slight Suspicion of before, from that Night would never have any thing to say to her; so that the Lady lost a very good Keeper, and poor Spiller an Opportunity of appearing so spruce as she oftentimes made him. He thought himself so happy in her good Graces, 'till this Piece of Folly ruined him, that they often wish'd their Inclinations for each other might be as lasting as their Lives, as you may see by the following Verses he sent her a little before their Quarrel.

You say, my Dear, in the soft Hours of Love, You wish our mutual Flames may constant prove, Kind Heav'n, if from thy Heart those Wishes came, Grant it to end but with our vital Flame.

Whatever Opinion the World may have of Mr. Spiller as a Poet, I am sure Nobody will refuse him the Praises due to a good-humour'd Fellow and a most facetious Companion. Mr. Spiller was not only esteem'd by the Managers of the House, as one on whom much of their Interest depended by all the Frequenters of that House, for the constant Diversion his hu_morous Behaviour on the Stage afforded them; but in private Conversation, by many of the smartest and prettiest Fellows about Town, who acquired that Character oftentimes by re_tailing his merry Conceits to their Companions: Nay, some Persons of the first Rank have not thought an Evening ill spent in so good Com_pany: the late Duke of Wharton particularly took much Pleasure in passing some of those Hours he devoted to Mirth, in the Company of honest Jemmy; a Familiarity with a Man of such Quality is certainly to be look'd upon as a great Honour done to a Person of his low Station of Life, but it happen'd quite other_wise at a certain Time to poor Spiller, for his Grace having, one Evening, an unaccountable Frolick come into his Head of obliging every Man in Company to disrobe himself at ev'ry Health that was drank, of some Part of his Covering, first a Peruke, then a Coat, and af_terwards a Waistcoat. Poor Jemmy, when they came to the last, made a Thousand Ex_cuses, but all to no Purpose, for the Duke in_sisting upon having his Toast pledg'd in the same Manner he had drank it himself, he was forced to own that having Mislaid his Shirt he had forgot to put it on that Day, and so was expos'd in his Buff to the whole Company, which, you may imagine occasion'd not a little Laughter; therefore how much happier had it been for him to have contented himself that Evening, with the humble Conundrums of some of the Peers of his own House, who might have been in the same Condition with himself. But this cursed Ambition leads a Man into numberless Inconveniences.

Mr. Spiller's free and expensive Manner of Living still continuing, and not having the Convenience of his usual Sanctuary in Cases of Extremity, the Mint, that Place being put down by Act of Parliament, he became a Victim to the Resentment of his mercyless Creditors, and a wretched Property to Bailiffs and Spun_ging Houses, by whom, after they had drain'd his Pocket to the last Half Penny, he was un_generously deliver'd up to Goal. But in this Place it was his peculiar good Fortune to ex_perience, contrary to the usual Custom of those Places, a great Indulgence and Civility, upon the Account of the pleasant and facetious Tem_per which he preserv'd in those unhappy Cir_cumstances; and particularly when he was thrown into the Marshalsea Prison, at a certain Time, at the Suit of several Persons, his jo_cose Conversation so won upon the Good-Na_ture of the Person who was then Deputy-keeper of the Goal, that he found a very sincere, ge_nerous and serviceable Friend in him ever af_ter; not only assisting him at that Juncture, to make his Affairs easy with his Plaintiffs, and appear in the World again, but continu_ing the same good Office to him, whenever it was his Fate to come under his Hands as a Prisoner again. In short, by the Management and unwearied Industry of this Person, Mr. Spiller's Circumstances were, a few Months before the World was depriv'd of him, brought into so easy and comfortable a Situation, that he could not only, on a common Week Day, venture out of the Play-house, which was made a Sort of Garrison by those of his Bro_ther Comedians who went under a small Sus_picion of Debt, to pay his Friends a merry Vi_sit or so, but even was able to give his Ac_quaintance the Enjoyment of his Company, whole Days and Nights together, without the least Apprehension of Danger, at the House of his above-mentioned Friend, who being of too generous and humane a Temper to con_tinue in the Office of a Goaler, and live in Luxury by the Misfortunes of Wretches who were committed to his Custody, quitted that mercenary Employment, and took a publick victualling House near Clare-Market; where, His Sign, though seemingly well adapted for the Place, was judg'd too vulgar and unpolite to countenance the Resort of such Gentlemen of Taste and Consequence as Mr. Spiller's Mirth and influence invited thither, was, by the con_current Desire of an elegant Company, who were assembled there over a Bowl of Arrack Punch, one Evening, (about Three Months before Mr. Spiller's Death) and by the generous Offer of Mr. Legar, who was one of the Com_pany, and as excellent a Master in the Science of Painting as Musick, chang'd from the Bull and Butcher, to Mr. Spiller's Head; and drawn by the said Mr. Legar, gratis, in a Manner, and with a Pencil, that equal the proudest Performances of those who have ac_quired the greatest Wealth and Reputation in the Art of Painting.

To prove that he was an exceeding good Punster, pray take the following Specimen of his Wit in that Way. It was at a Time when the Town gave but very little Encouragement to Lincoln's-Inn-Theatre, which forced the Master of the House to be a little behind-hand with his Actors. They being met as usual at Rehearsal on a Saturday Morning, with Hopes of receiving some Part of their Pay, young Bullock, who had always a strict Friendship with Mr. Spiller, after having been at the Of_fice, comes upon the Stage again to his Friend, with a sorrowful Countenance, Faith, Jemmy, there's no Cole, said he; Cole you must un_derstand is a Cant-Word for Money. Why, then reply'd the other, if there is no Cole, we must burn Wood. You are likewise to remark here, that Wood was the Name of the Man who was to pay them.

Mr. Spiller's Wit was not the Effect of Wine; for he was the same over humble Porter; the same when he drank nothing; nay, like that arch French Wag Scarron, he would sport in the midst of Pain; for being one Night in great Torture with the Tooth-Ach, a Barber that was behind the Scenes, desired that he would let him draw his Tooth for him, No, said he, I can't spare one now, Friend, but you may draw them all after the 10th of June if you please, for I shall have no Occasion for them then; meaning when the Company gave over playing, he should have nothing to eat.

Going one Day through Rag-Fair, he cheapen'd a Leg of Mutton, for which they ask'd him Two Shillings; No, says Jemmy, I can't afford to give you Two Shillings for a Second-Hand Leg of Mutton, when I can buy a New One in Clare-Market for Half a Crown.

A certain Officer of the Army, who was very much addicted to enlarge his Narratives beyond the Bounds of Truth, was, one Night, diverting the Company behind the Scenes with an Account of a Pike that he saw alive, which was above Five Foot long. Pish, reply_ed Spiller, That's nothing, I myself have seen a Half-Pike six Foot long, that has not been worth Two-pence.

When he lay ill of the Small-Pox some Years since, an Acquaintance coming to see him, and bewailing the Misfortune of his be_ing at that Time Blind, Oh, said he, I shan't be so long, for Puppies you know always see at the End of Nine Days. Nay, but a few Days before he died, being carried up to lye in a Room on the same Floor with Mr. Walker at the Play-House, with whom he had had some little Dispute not long before, You see Tom, said he, I have kept my Word; I told you I would be even with you before long.

To mention all the numerous Circumstances that attended the Life of this valuable Member of our Common-Wealth, Mr. Spiller, is a Task which I am perswaded, his dearest Friends, and those who are most religiously tender and careful of his Memory, will excuse me from undertaking. Let it suffice, that during the Run of the Beggar's Opera, which was the longest that any Dramatick Piece that ever yet appeared upon the British Stage met with, he made his last important Figure as a Comedian, in the Character of Matt of the Mint, which seems to be the next in Rank to that of Macheath, and outdid his usual Outdoings to such a Degree, that whenever he sung the following AIRS, which I shall take the Li_berty to transcribe, he executed his Part with so truly sweet and harmonious a Tone, and in so judicious and ravishing a Manner, that the Audience could not avoid putting his Mo_desty to the Blush, by repeated Clamours of Encore, Encore.

ACT II. SCENE I.

Matt of the Mint at a Tavern near Newgate, in Company with the rest of his Gang. AIR XIX. Matt.Fill ev'ry Glass, for Wine inspires us, And fires us With Courage, Love and Joy. Women and Wine should Life employ: Is there ought else on Earth desirous? AIR XX. In the same SCENE. Matt.Let us take the Road; Hark, I hear the Sound of Coaches? The Hour of Attack approaches, To your Arms, brave Boys, and load. See the Ball I hold, Let the Chymists toil like Asses, Our Fire their Fire surpasses, And turns all our Lead to Gold.

I am not insensible that those Persons are not wanting, who either wantonly or malici_ously report that Mr. Spiller's doing so much Justice to this his Part of Matt of the Mint is to be attributed to the Fondness he frequent_ly shew'd of resorting, in Company with his Brother Pinkethman, and other Comedians of the same Note for a polite Taste, to the Tap_houses, or Lodges of most of the Goals in London, and the particular Esteem which he always express'd for the instructive and elegant Conversation of Mrs Spurling, whose inspiring Liquors have encourag'd such Numbers of Newgate Heroes, to laugh both at the Laws of their Country, and the Ordinary's pious Exhortations at the Gallows.

But as I am ambitious only how to render this my Account of his Life worthy the Pe_rusal of the sedate, virtuous and well-meaning Part of my Countrymen, I shall not descend to sacrifice the Character of my Hero, by giving into any such foolish or disingenuous Suggesti_ons, but conclude that he always thought him_self bound in Honour, to do every Author who brought a Play upon the Stage, and o_bliged him with a Part in it, the strictest Justice imaginable, and upon that Principle only, prevail'd upon himself to enter into this particular Part with so much Sprightliness and Vigour, in Defiance of our common Laws, De_cency, or Chr&horfill;an&horfill;ty, to all which he, at other Times, profess'd the most zealous Sub_mission and Adherence.

This was the last Part, as I observ'd before, in which he appear'd on the British Theatre, truly like a Comedian, and like Mr. Spiller; not that he did not act in several other Parts besides, in the same Season, but that the Ma_ster of the House, biggotted to a Performance by which he had got so much Money, was loath to take off the good Impression which it had made on the Town, and therefore thought proper to represent no other Plays, during the Intermission of its Run, than such, as by frequent Use, were grown stale, and uncapa_ble of recovering the Taste and Senses of the People, and in which Mr. Spiller could not appear with his usual Advantage.

Let me desire the Reader now (having gone through all the material Circumstances of his Life, which I was acquainted with, either by my own particular Knowledge, or the Infor_mation of those who were most intimate with him, with the greatest Impartiality) to view him in his last melan_cholly Scene, (melancholly Retrospection indeed, to all the Friends of Wit, Humour, and good Acting!) His De_parture from the Stage, not only of Lincoln's_Inn-Fields Theatre, but of Life itself.

Being always ready to discharge his Duty to the Play-House, in whatever Manner he should be appointed, on the 31st Day of January, when His Royal Highness the Prince of Wales had commanded a Play to be acted, to which the Entertainment of Pluto and Pro_serpine was to be added, and in which he was to perform a very important Part, he would by no Means, notwithstanding he found him_self out of Order, give an Interruption to the Business of the House, by publishing his Ill_ness, but ventur'd on the Stage, where, in the Midst of the Part he was to perform, he was seized with a Sort of an Apoplectick Fit, and carried off the Stage, to have the Assistance of a Surgeon, who, notwithstanding he us'd all his Art, could not give a longer Respite to his Life, than till the 7th Day of February, when he expired in the very same Room which occasioned that Pun before-mention'd, which he made to Mr. Walker.

Having thus done Justice, I hope to the Memory of my deceased Friend, I shall only add, that he was buried at the Expence of Mr. Rich, the Master of the Theatre, by Mr. Hawkins, an Undertaker, living in St. Clement's Parish, in the Church-Yard belonging to the said Parish, three Days after his Death, in a very decent Manner, in the 37th Year of his Age, and that the following Epitaph was de_dicated to his Memory by a Butcher of Clare-Market, who had frequently partaken the Plea_sure of his most agreeable Company, at the House which was honour'd with his Sign.

An EPITAPH on Mr. James Spiller. Written by a Butcher of Clare-Market.DOWN with your Marrow-Bones and Cleavers all, And on your Marrow-Bones, ye Butchers fall; For Prayers from you, who never pray'd before, Perhaps, poor Jemmy may to Life restore. What have we done? the wretched Bailiffs cry, The only Man by whom we liv'd, should die! Enrag'd they gnaw their Wax, and tear their Writs While Butcher's Wives fall in Hysterick Fits. For, sure as their alive, poor Spiller's dead! But, Thanks to Jack Legar, we've got his Head. Down with your Ready Cole, ye Jovial Tribe, And for a Metzotinto Cut subscribe. The Markets traverse, and surround the Mint, It shall go hard, but He shall be in Print. For He was an inoffensive, merry Fellow, When Sober, hipp'd, blith as a Bird, when mellow. FINIS. |CMS |Y1739 THE HISTORY OF THE Life and Actions OF GUSTAVUS VASA, Deliverer of his Country. Recommended to the Spectators of a Tragedy on that Subject, now in Rehearsal at the Theatre-Royal in Drury-Lane. Extracted from the best HISTORIANS. &horbar &horbar LONDON: Printed for J. Roberts in Warwick-Lane. 1739. Price Sixpence. &horbar &horbar THE HISTORY OF THE Life and Actions OF GUSTAVUS VASA, Deliverer of his Country.

UNderstanding a Play call'd Gustavus Vasa, was preparing for the Publick, I had the Curiosity to attend a Friend of the Au_thor's to the Rehearsal at the Theatre-Royal in Drury_Lane: But as Praise often raises to Adulation, I was in some Fear (like a Lover's warm Description of the Charms of his Mistress) it would fall short to one prepared for the strictest Examination: I went, not in the least prejudiced in its Favour, but was extremely surprised to find my self so agreeably Disappointed.

There is not only what the Actors call Business in it, but a Nobleness of Stile and Thoughts, that has in my Opinion rank'd it in the Class of the best Tragick Authors.

I therefore went Home, full of the noble Ideas the Piece had stamp'd on my Mind, and form'd a Reso_lution of extracting from the Best Historians, the Life and History of this Northern Hero, GUSTAVUS VASA.

THE Kingdom of Sweden, which contains a great Part of the old Scandinavia, is one of the most powerful Kingdoms in the North, for many Ages united to the Crown of Denmark. The Air is very cold, tho' far more fer_til than any of the other Northern Kingdoms. It equals France and Spain in its Extent. Their chief Export is Malt, Barley, Brass, Lead, Steel, Iron, Buck and Great Hides, Black Cattle, Variety of Rich Furs, Tar, Honey, Oaks and Deals, and the finest Copper in the World. The Inhabitants, healthful and strong, (the Women more prolifick than any of its bordering Nations) and so industrious, that there is seldom a Beggar seen among them. This Kingdom was converted to Christi_anity in the Year 816, by Ansgarus Bishop of Bremen (a City of the Lower-Saxony.) Norway and Lapland bound its North, Russia and Moscovy the East; the South by the Baltick Sea, and the West, Den_mark. This Kingdom was the Country of the Goths, who made a Breach in the Roman Empire, the fourth Century, to let in most of the Northerns that now inhabit it. The Swedes are well made, and are Warriors from their Infancy; they are patient in Hunger and Want, having more Courage than Industry, taking more Pleasure and Delight to polish their Arms, than improve their Commerce; leaving to their Women the Cares of the Houshold. It extends from South to North, to the 55th Degree of Latitude to the 70th, and consequently must feel the Cold in its utmost Rigour. The Winter Season reigns near nine Months of the Year; and in their three Summer Months their Tillage, their Harvest, their Fruit and Vegetables come to their Perfection. But in the nine Winter Months, Providence has been kind to them, by allowing them a serene Sky and a pure Air; and the light of the Moon, which is very seldom obscur'd, makes it almost as commodious in Tra_velling by Night, as by Day. Sweden was an Elective King_dom till the fourteenth Century, and by that Right, the Swedes, often depos'd their Monarchs when they had the least view of infringing their Liberties.

The King could neither raise Money, declare Peace or War, without the Consent of the Senate, nor build any Fortifications. The Representatives of the King_dom were the Nobility, the Bishops, and Deputies of Towns, nay even the Peasants were at last incorporated into that Assembly.

About the Year 1692, this warlike Nation that had conquered Rome above thirteen Centuries past, was sub_du'd and brought under Subjection by a Woman, Margaret Queen of Denmark and Norway: But after the Death of that heroick Queen, Sweden often felt the Shocks of Civil Wars, alternately shook off the Danish Yoke, and submitted to it, was sometimes govern'd by Kings, and somtimes by Administrators.

About the Year 1520, this Kingdom was oppress'd by two terrible Tyrants, Christiern, the Second King of Denmark, a Monster in Nature, cloath'd in every Vice, and Trollio, Archbishop of Upsal was formerly the Capital of Sweden, in the Province of Upland, constituted an Archbishop's See by Eugenius the Third Pope of Rome. It is seated on the River Sala. It was for many Ages the Seat of their Kings, and from its former Regard the Kings receive their Regalities there, and are crown'd by the Archbishop of that Place; 'tis also an University. Upsal. These two well_match'd Tyrants agreed to seize in one Day at Stockholm. The now Capital of all Sweden, (and has been so two Centuries and upward) is a large, noble City (tho' formerly a poor Place) Seated upon the Bottom of the Lake Meler, that falls into the Sea near this City: It is almost surrounded by Rocks, and strongly fortified, its Situation is something like that of Venice, upon six Islands join'd to each other by six wooden Bridges, with two large Suburbs, one to the North, and the other to the South. In their Cathedral are depo_sited two of their Kings (the rest being interr'd at Upsal.) Its Castle is large but not strong, and the Harbour one of the safest in the North, for once enter'd, you are intirely land-lock'd, and defended by the circumjacent Rocks, from all Gust, or Flaws of Wind. Stockholm, the Magistrates, the Consuls, and ninety four Senators, who all suffer'd Death, under Pretence that they were excommunicated by the Pope, for defend_ing the Rights of the State against the Archbishop, whilst these two Tyrants were employed in the ut_most Exercise of arbitrary Power.

Gustavus Vasa, (the Subject of our noble Drama) was lineally descended from their famous King Canutson, he was one of those extraordinary Genius's, who are so rarely form'd by Nature, to govern Mankind; his Person was amiable, his Air majestick, his Elo_quence, which receiv'd an additional Force from the agreeableness of his manner, was the more persuasive, as it was less artful. His enterprizing Genius form'd such noble Designs, as might appear rash to vul_gar Souls, he was intrepid with Prudence, calm in an Age of Cruelty and Horror, and as virtuous, as the most guiltless.

The first Appearance of this great Hero, was un_der Steno, the Administrator (so the Chief was call_ed.) His force of Eloquence, and Reason, insensibly crept into the Heart of Steno; by Gustavus's persua_sion, he arm'd the Peasants with Fire-arms, who be_fore that time us'd no Instruments of War, but Bows and Arrows. The first Proof of his invincible Cou_rage, was at the Battle of Wedel a strong, but small Fortification in Sweden, facing the Baltick. Wedel, against Christiern's Army. He was the first that broke their Ranks at the Head of Steno's Horse, and to his visi_ble Courage and Conduct the Victory was owing. Most of the Danes were cut to Pieces, and the re_maining few made a disorderly retreat to their Vessel, not thinking themselves secure till their safe arrival in Denmark.

After this Success, Gustavus led his victorious Troops to beleaguer Steque, a strong Castle in the Province of Upsal. Steque, where the Archbishop was fortify'd. The Troops commanded by Gustavus, un_der the King, carry'd their Works to the Foot of the Wall, but the furious Priest defended the Place with the greatest Vigour, contrary to the opinion of the Garrison, who call'd for a Surrender, well knowing if they were taken by Storm, they wou'd be treated as Rebels, and Traitors to their Country.

The Archbishop, finding no Persuasions wou'd pre_vail on the Garrison to defend the Place, desir'd to treat with the Administrator at his Tent, demanding Gustavus shou'd enter the Castle as Hostage, which was comply'd with, but fearing the Administrator wou'd treat him as a Rebel, he left order with some of his Adherents, to hang up Gustavus over the Bat_tlements of the Castle, if they saw he was detain'd as Prisoner: But Steno declaring he wou'd leave his Trial to the Senate, (the Priest imagin'd he had Friends enough to vote him not Guilty) the Castle was sur_render'd, and he went on his Journey to Stockholm, with such a proud State and Equipage, as if he had tri_umph'd over the Enemies of his Country, imagining the dread of Christiern wou'd prevent even his Trial; but he was much deceiv'd, for on his arrival, the Se_nate proceeded to his Trial with the utmost Vigour, and he was condemn'd to retire from the World, to lead a private Life, first forfeiting all his Dig_nities.

In the Month of May (1518) Christiern prepar'd for another Invasion of Sweden, and in June besieg'd Stockholm, but the Garrison and Inhabitants having an intire hatred for the Danes, resolv'd to defend it to the last Man. Every Foot of Ground the Besiegers gain_ed, cost 'em the Lives of Hundreds.

The Administrator, having assembled and disciplin'd his Troops, proceeded with long Marches, to attack the Army of the King of Denmark, who fearing, be_tween the Army and the City, he shou'd be over_power'd, rais'd the Siege precipitantly, and march'd towards his Ships, but Gustavus with the Swedish Horse, fell like Thunder on their Rear, kill'd the third part of the Besiegers, pressing many into the Sea, who perished there; made above three hundred of their Officers Prisoners, who oppos'd him to give their King time to escape: Yet this fatal Retreat, was not the last of their Misfortunes, the very Winds prov'd their Enemies, blowing full three Months against 'em, which prevented their sailing to Denmark, and their Provisions falling short, they were forc'd thro' Necessity to land in Troops for Subsistance. But their Guardian Angel Gustavus, watching for the good of Sweden, was ever among those that landed, and re_liev'd the Wants of many of the Danes, by Death with his Sword, who flew before him like fearful Pi_geons from the Hawk.

Christiern being drove to the utmost Necessity sought for a Truce, and beg'd for an Interview with the Ad_ministrator, on board his Fleet, but the Senate wou'd not agree to it, well knowing the Dissimulation of the King of Denmark, who, indeed intended, if he had prevailed on him to come on Board to have made him Prisoner.

Failing in this, he thought of another Stratagem: he imagin'd if he cou'd get Gustavus, and some other young Lords into his Custody, it wou'd prevail up_on Steno, to come to any Terms, or if he refus'd, wou'd at least cause Disturbances and Factions among the Friends of these Noblemen, and draw him to his Ends that way. He therefore agreed to meet Steno, and the Senate in Stockholm, upon Condition, Gustavus, and six young Lords that he wou'd name, shou'd remain on Board his Ship as Hostages.

Gustavus, and the young Lords that were chose by the Danish King, cheerfully comply'd; when they came to the Shore-side, the Admiral of the Danes, attended by several Officers, landed to salute 'em, while they were in Conference, the Hostages were surrounded with Soldiers disguis'd like Mariners. In the mean time, the King of Denmark descending to his Boat, in order to come on Shore, the Admiral invited Gustavus and the rest on board his Boat, to meet his Master, and salute him.

Gustavus, tho' too late, perceiv'd the Treachery against the Law of Nations, yet went with his Com_panions cheerfully into the Admiral's Boat, well know_ing Resistance wou'd be vain. When they came on Board, they were brought before the King, who or_der'd them to be disarm'd, and sent a Message to Steno, who declar'd in his Master's Name, their Heads shou'd be struck off, unless the Archbishop was restor'd to his former Dignities, &c. Steno, and the Swedes were so incens'd at this Indignity and Treachery that they hurry'd on Board their small Vessels with their Arms, either to recover their Hostages, or die in the Attempt. But Christiern, with the help of fair Wind, that rose that Morning, was sail'd for Denmark, and the generous Swedes were oblig'd to return regretting with Tears the loss of Gustavus and his Companions.

The Danish King left no means unattempted to cor_rupt the Fidelity of Gustavus and his Companions, but in vain. Their Resolution and Constancy had almost cost 'em their Lives, for dreading the Courage and Indignation of Gustavus, if he shou'd be releas'd, gave secret Orders to put him and the other Lords to Death. But the Dane who receiv'd that Order, ab_horring so barbarous a Proceeding, or fearing, per_haps, the Law of Retaliation if by the Chance of War he shou'd fall into the Hands of the Swedes, took the liberty to tell his Master, that the Death of those il_lustrious Captives, wou'd be prejudicial to his Inte_rest, but by detaining 'em Prisoners, he might keep their Relations in awe. These Considerations made so great an Impression on the Tyrant, that he con_tented himself with their Imprisonment in the Castle of Copenhagen is the Principal City of Denmark, in the Isle of Zee_land, great and well fortified; it is built upon a Plain near the Sea where is form'd a safe large and noble Harbour, commanded by a very strong Castle, over against Schonen (a Province in Sweden) on the Baltick. Copenhagen, where they were so cruelly us'd by his Order, that some of 'em expir'd under their Tor_ments.

But Eric Banner one the Lords of Denmark, and a near Relation to Gustavus, who admir'd his Vir_tues, fearing his Life, won so much upon Christiern (by insinuating he did not doubt but he shou'd work him to his Interest) that he gave him to his Pro_tection, on Condition if he made his Escape, he should pay for his Ransom six thousand Crowns of Gold (in those Times a great Sum.) The noble Banner did not think any Condition too hard to save his illu_strious Kinsman. But notwithstanding the generous Treatment from him, Gustavus consider'd he was still a Slave, and cou'd not bear the Thoughts of being ab_sent from the approaching War.

Christiern breath'd nothing but Destruction against Sweden, but his Coffers being low, he seiz'd a Mil_lion of Florins that the Legate Arumboldi, had gathered from the Sale of Indulgencies in Sweden, and Den_mark, with the pretext, that the Legate held Corre_spondence with his Enemies in Sweden.

With this holy Mony, and much more drain'd from his unconsenting Subjects, he levy'd Men at home, and foreign Auxiliaries, with these he once more in_vaded Sweden with Fire and Sword, and other un_grateful attendances of War, under the conduct of Otho Crumpein, a valiant and experienc'd General. But we shall leave him to his Successes, and follow the illustrious Gustavus Vasa, or, the Deliverer of his Country that gives Title to our Play.

Gustavus was terribly alarm'd at the Ruin of his Country, (that had surrender'd to the King of Den_mark, thro' the Success of his Arms under the con_duct of victorious Otho, with the Death of Steno, (the Administrator, who lost his Life in a Battle with Otho.) His Restraint became insupportable to him: The passionate Love to his dear Country made him forget the affable Kindness of his generous Host, therefore he resolv'd upon his Escape, and in the Month of De_cember (1519) under the pretence of Hunting (as he often did) he went out of the Castle where he was ne_ver confin'd, and in the Habit of a Peasant arriv'd in two Days, (thro' Woods and the most secret By_ways) at Flensburgh, Flensburgh, a City in Denmark on the Baltick Sea, in the Dukedom of Sleswick, it is a small, but strong City, built on very high Hills, with a safe and large Haven, defended by a strong Castle. at that Place he hir'd himself as a Driver of Oxen, by which Device, he got clear of the Danish Dominions, and arriv'd safe at Lubeck, a great and opulent City of the Lower Saxony, in the Dukedom of Holstein. It is one of the Principal Hans Towns, about three Miles from the Baltick, upon the River Trave. In this City the Peace was concluded between the Emperor, and King of Denmark in the Year (1629). Lubeck. But all his Precaution cou'd not hide him from the searching Eyes of Banner, who found him at Lubeck. But Gustavus by his Eloquence convinc'd Banner that his seeming Ingratitude, was fatal Necessity, dismissed him with Promises of a grateful Memory for his noble Treatment.

Gustavus thro' many Difficulties, set his Foot once more on his dear native Country, full of civil Wounds, and with her loss of Liberty almost expiring. He discover'd himself to the Governor of Calmar, a strong City of Sweden upon the Baltick. It is the Port where the Swedes generally take Shipping for Germany. The Citadel is accounted the strongest in all Sweden. It stands over_against the Isle of Ocland, (an Island in the Baltick belonging to Sweden, the Straits between this Island and Calmar, is call'd Cal_mar sund.) This City was taken, and all the Garrison, and Inhabi_tants put to the Sword by Christian the fourth King of Denmark in 1611, all but those who retir'd into the Citadel; but return'd to the Great Gustavus Adolphus by Treaty in (1613). Calmar, a German Garrison that held out for the Swedes, but his usual Eloquence was not heard by those mercenary Men, but they threaten'd to deliver him up to the King of Denmark, if they once admitted him within their Walls. Unprospering here, he was filled with Trouble and Vexation, and being inform'd there were several Parties of the Danes in quest of him, and dread of falling into the Hands of the relentless Christiern, he was oblig'd to conceal himself in a Cart loaded with Straw, and by that means was carry'd thro' the Danish Camp in safety to Sudermania, a City and Castle that gives Name to the Province. Bounded on the North by Westmannia, and Upsal, two Provinces of Sweden, and on the South by the Baltick. It gives the Title of Duke to the Royal Family of Sweden. It is call'd by the Natives Soder_manland.original footnote anchor is missing Sudermania, a Castle be_longing to his Father, Eric Vasa. From that Place, he sent Circular Letters to his Friends, intreating 'em to summon their Vassals, and Followers, to have one more Struggle for their Lives, and (what was more precious to him,) their Liberties. But was discourag'd in the Attempt even by his own Rela_tions.

This giving up their Liberty, fill'd his Mind with Disdain, Contempt, and Rage, therefore he apply'd himself to the hardy Peasants, but he found with unconsolable Regret, that even these that were so tena_cious of their Liberty, gave over all thoughts on that Subject.

He then form'd a Resolution at all Hazards, to get within the Walls of Stockholm, whose Garrison held out that City for the Widow of their diseas'd Administrator the brave Steno. He travell'd mostly by Night, but the Danes having notice of his Jour_ney, pursu'd him so close, that they came to the Place he had left an Hour before: Finding his De_signs impracticable, he return'd by another Road, and took Shelter in a Convent of Carthusians, founded by his Ancestors; but the lazy Monks, fat'ning in Ease and Plenty, turn'd him out &horfill; He then took Sanctuary with a Peasant formerly his Father's Servant. From thence, he once more by Letters to several of the No_bility, endeavour'd to rouze their sleeping Courage, and wake in their Souls the love of Liberty, but the Terror of the Danes kept 'em in awe. What had the Heroick Gustavus to do now, but patently to wait in Obscurity some happy Revolution.

The Danish King enter'd Sweden in the Spring (1525) confirm'd the Treaty of Upsal, and by Bribery prevail'd on the Governor of Calmar to surrender that impor_tant Place. Also sent to Steno's illustrious Widow, then residing at Stockholm, to surrender that City, but she return'd him his Heroic Answer, That she wou'd sooner suffer Death than surrender to the Enemy of her Country.

This Answer fix'd Christiern's Resolution of be_leaguering that City. But the Garrison animated by her Presence, made a noble Defence: Yet Necessity began to appear with all its frightful Appendages, and that great Princess was at last oblig'd to accept of the Terms, tho' not altogether disadvantageous to her.

King Christiern, about this time surrender'd his Heart to the Charms of a Woman neither young nor hand_some, but had so much cunning and wit to manage him, that she might be well call'd his chief Minister of State, disposing of Places and Offices as she pleas'd, to the Scandal of the King, and hurt of his Subjects; and by the Advice of her, and the Archbishop of Upsal, was brought on that horrid Massacre of the Bishops, the Senators, and most of the Nobility: But we will forget such an human Barbarity, and go in pursuit of our Illustrious Hero Gustavus.

Gustavus from his Secret Retreat, look'd round to seek for what he wish'd, and being inform'd of the Massacre, had hopes the Subject wou'd not long bear with such an inhuman Monster. Christiern had pro_scrib'd him, with a large Reward, therefore he did not think himself safe surrounded by Danes; besides the Loss of most of those Friends by the Massacre of the barbarous King of Denmark, his Father being one, gave him inexpressible Sorrow. Therefore he re_solv'd to retire to the almost inaccessible Mountains of Dalecarlia, a great Province in the Kingdom of Sweden near the Mountains of Savona, and Norway, which bound it on the West, on the North, Helsinga; Gestricia on the East, and Verlemandia on the South, a large Country, but it has not either a good City or Town, on_ly Villages or Hamlets. This Province takes its Name from the River that runs through the Country, and is call'd Dalecarle, which is one of the largest Streams in the whole Kingdom of Sweden. This Province being so far from the Capital of Sweden, was governed by the Head of the Peasants, whose Habitations were chiefly on the Banks of the River Dalecarle, or the Skirts of their large Forests, Lakes, or other Streams that empty'd themselves into the River Dalecarle. The Elders of each Village were Captains, or Judges &c.. Dalecarlia.

Thus shrouded Excellence in the Disguise of a Pea_sant, pursu'd his uncomfortable Journey to these dreary Dwellings, attended only with a Guide that knew the Course of the Country, where meeting with many Difficulties, he arriv'd safe at that part of those Moun_tains, call'd by the Inhabitants Daalfield, a simple Vil_lage in Dalecarlia, bordering on the Copper Mines.

From this Place, our Author of the Play begins his Scene.

The Inhabitants of these Mines, and Mountains, set so high a Value on their Liberty, that no King, or Substitute, ever enter'd their Country without giving Pledges to the People to maintain their Rights and Pri_vileges; even the Tribute they paid in Token of Alle_giance, was a small Number of Furs. He was no sooner enter'd this mountainous Country, but his treacherous Guide forsook him and at the same time robbed him of what little Money he had. This brought our Hero to such Distress, that Necessity obliged him to enter as a Servant in the Copper Mines, where he earn'd his Subsistence by the Sweat of his Brows. But notwith_standing his Care to conceal himself, he was found out by a Woman of the Village where he lodg'd, by observing a silk Robe embroidered with Gold, in his Apartment where he lay. Women can't keep Secrets, therefore this News came to the Chief of the Village: This Chief had been with Gustavus in his Youth, at the University of Upsal, therefore as soon as he saw him, he knew him for Gustavus. He offer'd him the Accommodation of his House, which our Hero ac_cepted of, in the Hope he had of prevailing with him to assert his Country's Cause. This Chief's Dis_course often tended that Way, but when Gustavus de_clared himself, he was sunk into base Fears and Tremblings. The Illustrious Wanderer, finding his Ex_pectations frustrated, left the timorous Chief, and jour_neying alone thro' the pathless Woods, arriv'd at the Residence of Peterson, a Gentleman he was acquainted with in the Army.

This brave Spirit in appearance soon was rouz'd by the Eloquence of his noble Guest, but his base In_tention was to make his Court to the King of Den_mark, by betraying the Laws of Hospitality in sur_rendring his Illustrious Guest. He gave notice to one of the Danish Officers, who surrounded the House, but Gustavus, the Night before (by the means of the Traitor's Wife, inspir'd with Pity) made his Escape, where by her Directions, he arriv'd at a Curate's House, who was a sincere Lover of his Country, he conceal'd Gustavus in his Church unknown to any one Person, for fear of a Discovery.

This generous Curate, advis'd him once more to apply to the Peasants, at their Christmas Meeting, where the neighbouring Villagers assembled to exa_mine their martial Power. He met the Peasants on the Day appointed (dress'd according to his Quality) who had Notice of his Visit. When he appear'd, his noble Air, and usual Eloquence penetrated the Hearts of these valiant Rusticks in his Behalf, who resolv'd to revenge the Death of their Nobles and Senate.

Our Hero took 'em while their Souls were warm, and led them by secret Paths in the Night to the Ca_stle of the Province which they took by Scalade, and in their first Fury, put the Garrison to the Sword, all but the Governor, whom Gustavus saved with much Dif_ficulty. The Sucess of this Enterprize gave the Da_lecarlians great Opinion of their Leader, and in a few Days most of the Peasants of the Province listed under his Banner.

Several Swedish Gentlemen of Note, who were out_law'd by Christiern, repair'd to him as a Sanctuary, and serv'd as Officers under him, to Discipline his rude Troops. The Provinces of Helsingland, a Province of Sweden, between Dalecarle to the West, and Baltick to the East. Helsingland, Medelpadia, another Province of Sweden, it is bounded by Helsingland on the South, Jempsland to the North, the Baltick Sea on the East, and Dalecarle on the West. Me_delpadia, Angermania another Province in Sweden, between Medelpadia and Helsingland. Angermania, Gestricia, by the Inhabitants called Gestrick, near the Bothner Sea to the East, the North by Helsingland, Dalecarlia on the West, and Uplandia on the South, famous for little but its Iron Mines. Gestricia, and Bothnia, another Swedish Province, on the Borders of Lapland. It gives Name to the Bothnian Sea. Bothnia revolted from the Danes and hail'd Gustavus as their Lord.

The News of this Revolt surpriz'd the Viceroy of Sweden, who was ill prepar'd for the Field. He ac_quainted the King of Denmark with this disagreeable News, and in the mean time summon'd his Army, to oppose this unlook'd for Torrent. Christiern the King of Denmark, began to be more tyrannous, if possible, than ever, exercising his Cruelty upon his own Sub_jects, and not being able to send Succours over to Sweden, he writ to his Viceroy to bring the Rebels as he call'd them to Reason. Threatning Gustavus at the same time, the Blood of his Mother and Sisters should be shed with the most exquisite Torments, if he did not abandon the Interest of Sweden.

But Gustavus, despising his Threats, march'd on with his victorious Army, now increas'd to fifteen thousand Men, all resolv'd from the Ardour of their General to conquer, or die.

The Viceroy advanc'd to the River Brunebec to oppose the Passage of Gustavus, but as soon as the Avenger of his Country appear'd on the other Side at the Head of his Horse, he abandon'd his Post, and took to a shameful Flight, leaving Part of his Army to garrison Westeras, the Capital City of the Province Westmania; this Province has Upland to the East, Gestricia to the North, Sudermania to the South, and Nericia to the West. Westeras, but did not think himself safe till be_girt with the Walls of Stockholm. Gustavus lost no Time, but pass'd the River and march'd to the Siege of Westeras. He intrench'd himself near the Chapel of Stolaus with three thousand Foot only (having sent his Horse, and the remaining Part of his Foot, in order to execute a Stratagem) with all the Care and Dili_gence of a General that fears being attack'd, which the Danes perceiving, and observing the Smallness of their Number, sally'd and charg'd him with their Horse. Gustavus pretending to fly, he drew the pur_suing Danes, into the Trap that was set for 'em. In short, the Danes were routed, and the City taken, by the Conduct, and Valour of the invincible Gustavus. But all had like to have been lost, by the Drunken_ness of the Dalecarlians, who in plundering the City, found large quantities of Wine and Brandy, their be_loved Liquors, that they were almost all bury'd in Drunkenness.

The Captain of the Citadel perceiving their Disor_der, sally'd upon 'em, putting great Numbers to the Sword, and the City wou'd have been certainly re_taken, had not the valorous Gustavus, with a few Of_ficers barricaded a Street, while the drunken Soldiers were forced from the Cellars to oppose the Enemy, that fought boldly to regain the City.

The taking of Westeras seem'd to open the Gate to let in a total Revolution. Seventy Swedish Officers at one time came over to Gustavus, several Noble_men, among these was Aruide, a powerful Lord of footnote anchor (17) here, but the footnote itself is missing Westgothland. In short, the Eyes of all Sweden seem'd to look upon Gustavus as their Deliverer.

When he had block'd up the Citadel of Westeras, that the Garrison might not receive any Succours, he divided his Forces in three Bands, and sent 'em on several Expeditions, and by this means harrass'd the Danish Troops, who were oblig'd in the same manner to divide also.

Gustavus being inform'd, there was an Assembly of new Troops ready for his Command at Upsal, he im_mediately appear'd to head 'em. From that City, he sent an Envoy to the Consul of Lubeck, (who favour'd his Escape to Sweden) wherein his Letters gave a full account of his Success. These Mercantile Men were so wavering, that Gustavus's Envoy cou'd not fix 'em in any Point. But his Success with Stephen de Sassi, an old experienc'd German Colonel, a brave Soldier of Fortune, (who, for a Sum of Money down, and a promise of another certain, to land in Sweden with 1200 hardy Veterans the next August 1520) answer'd for the other failing Negotiation.

Trolio the artful Bishop was the most formidable Enemy Gustavus had, thro' his numerous Relations, and Adherents in Posts and Power by his means. Therefore Gustavus sent two Religious of his Party to persuade him (if possible) with large Promises to join in his Interest. But the haughty Priest con_temn'd all Offers, and sent the two Canons in order to suffer Death at Stockholm, but by their Art, and giving an account of the Affairs of Gustavus they escap'd.

Trolio being inform'd by the two Priests that the Da_lecarlians had left Gustavus to gather in their Harvest, and that he had but a hundred Horse, and six hun_dred Foot to defend Upsal, he resolv'd to attack him in that City, and march'd with such Secrecy, that he was within two Hours march before he had any notice of his Expedition; (Upsal being an unfor_tify'd City, and most of its Inhabitants being in Trolio's Interest, as being their Lord) he thought it Mad_ness to defend the Place, therefore he march'd with his Horse at the Rear of his Foot, to the Forest of Nostan. But the Archbishop entering the City im_mediately after him, and being advis'd of his hasty retreat, pursued him with all his Army. The sight of Trolio's numbers frighten'd Gustavus's small Force, who instantly abandon'd their General. In the Fight, the 'Squire of Gustavus mounted on an unruly Horse run against him, and push'd his Master into the Wa_ter. But this Accident rais'd the Courage of our Hero, who with a small Number of his Guards, that wou'd never forsake him, sustain'd the Fight 'till his other Forces had gain'd the Shelter of the Forest, then maugre the Resistance of the Foe, he cut him_self a Passage thro' 'em with the loss of ten of his Guards only, and safely came up with his little Army.

This Success over our great Gustavus, elevated the Archbishop in such a manner, as if he had gain'd an intire Victory over all his Enemies. But this Danger only serv'd to animate Gustavus to a greater height, if possible, therefore he breath'd nothing but Revenge! and in order to it, he gather'd all the Force he cou'd assisted by Colonel de Sassi, with his 1200 Germans, just then arriv'd, however he conceal'd his Numbers, and intrench'd himself, as if he had no other Forces, than what he made his hasty Retreat out of Upsal with, which the Archbishop thought beneath his notice, and march'd onward in a Triumphal manner towards Stockholm. Gustavus, foreseeing this, appointed Ar_uide to conceal himself in a bordering Wood on the Road, with some part of his Army, which unex_pectedly fell furiously on the Archbishop, and destroy'd his Troops with great Slaughter. The haughty Priest to save his Men, thought to regain the City he had left, but the vigilant Gustavus intercepted his march, at the head of the Dalecarlians assisted by the Germans, and rushing like a Torrent from a steep Hill, bore down the sinking Danes before him, so that the Archbishop who had boasted to bring Gustavus to Stockholm, Dead, or a Prisoner, was compell'd to re_turn without him leaving behind five Parts of his Army dead, and wounded.

Gustavus immediately follow'd him, and set down before Stockholm, which so surpriz'd the Vice-roy and Archbishop, that they (not depending much up_on the Fidelity of the Citizens) retir'd to Denmark, where informing Christiern of the State of Sweden, that fell Tyrant, in revenge, sacrific'd the Lives of the Mother and Sister of Gustavus. This News stab'd the Heart of the brave Gustavus, and allay'd the Joy he felt for the Conquest of the best part of Sweden.

In November 1520, a Convention of the States met to think of some Form of Government, wherein Gu_stavus was unanimously chose Administrator.

This Hero having a Sanction for his Proceedings, was resolv'd to extend his Conquests, and not leave a single Dane in his Kingdom, and in order to pay his Troops, he (his Finances being in a low Condition) mortgag'd his whole private Patrimony.

Stockholm still continu'd in the Hands of the Danes, and as Norbi the Danish Admiral commanded the Sea, he fear'd it wou'd prove a difficult Undertaking, for want of Ships to oppose him.

Gustavus therefore sent once more his Secretary to Lubeck to solicite that Republick for a naval Force, who return'd with seventeen Ships of War, and four thousand Land Soldiers.

This Fleet arriv'd on Whitsun-Eve in Sweden, and landed their Marines, the which Gustavus order'd to reinforce his Army before Stockholm. Fleming that commanded the Squadron, cruiz'd before the Harbour to prevent any Succour from entring the Town. Where he receiv'd Information that the Danish Fleet was within Ken; he order'd his to shrowd themselves behind the Cape that forms the Harbour. Two of the smallest Frigates were sent by the Danes to ex_plore the Coasts (tho' they had heard nothing of the Lubeck Squadron) as soon as the first Frigate had doubled the Cape, she was taken; Fleming mann'd her with Swedes, and sail'd back to meet the other where the Danish Admiral was, who seeing the first return, came in a Boat to meet her to know the reason of her coming back, but soon shar'd the same Fate. When this was done, Fleming attack'd the whole Squadron, and conquer'd all but one desperate Captain, who fought like a Fury, and chose rather to blow up his Ship than fall into the hands of the Swedes.

Norbi was so exasperated at this Misfortune, that he invaded Sweden with all the Danish naval Force. He found their Fleet in the Harbour of Stockholm, and came to a Battle that lasted several Hours, but seeing the appearance of an approaching Storm, steer_ed out of the Harbour, to a little Island to prevent the Effects of it, this Bay was safe, but near the Shore. In the first part of the Night there came so hard a Frost, that his Ships were frozen. The ever vigilant Gustavus, upon that Knowledge, advanc'd secretly in the Night, and attack'd the Enemy with his Land Forces, set fire to, and destroy'd several Ves_sels of the Enemy, and might have ruin'd 'em all, but for the Inactiveness of the Lubeckers. The next Day the Sun having melted the Ice, Norbi retir'd with the remainder of his Squadron to the Port of Calmar.

In the mean time the Tyrant Christiern was depos'd by his grieving Subjects in favour of the Duke of Hol_stein, which when Norbi understood, he gave up all Thoughts of relieving Stockholm, and retired with his Fleet to Gothland.

Gustavus conven'd the Estates of the Kingdom, where they with universal Acclamations chose him King (tho' he for the present refus'd to be crown'd for many politick Reasons) calling him The Deliverer of his Country, congratulating their own Happiness in so puissant a Monarch.

After this he march'd with all his Forces, attended by the Deputies of the Kingdom, to besiege Stock_holm, now reduced to the utmost Necessity, but his Successes had so terrified them, that they surrendred at Discretion.

King Gustavus entred in Triumph, pompously dress'd for the Occasion. His Mien, his Youth, his Lenity, and noble Deportment, gain'd him the Love and Admiration of all that beheld him.

Archbishop Trolio heard the Advancement of Gu_stavus with a rancorous Heart, and tamper'd so art_fully with the new King of Denmark, that he per_suaded him to send an Ambassador to claim his Right to the Swedish Crown, but the Indignation of the Swedes return'd him to his Master, with a Proclama_tion that declar'd Trolio a Traitor and a Rebel, and out of the unbounded Love to their illustrious Mo_narch invested him with an absolute Power of Regal Sway.

Gustavus in Return sent an Envoy to Frederick, to demand Steno's Widow, and several Ladies that had been confin'd in Denmark ever since the Massacre at Stockholm: And the Danish King understanding the Strength, Unanimity, and the Power of Sweden, thought fit to wave his Pretensions to that Crown, and enter into an offensive and defensive Treaty against Christiern who was soliciting Powers in Germany to regain both Kingdoms: He therefore sent Gustavus, Steno's Widow and the Ladies, with an honourable Convoy to Sweden.

When they arrived, the King and all his Court, ho_nourably received them, and conducted them to the City.

Norbi the Danish Admiral frequently infested the Swedish Coast, giving the Names of Usurpers and Traitors to Gustavus and Frederick King of Denmark. He took many Prizes, but chiefly the Traders of Lu_beck, their frequent Losses so terrify'd that Trading Republick, that they sent an Envoy to Gustavus for Assistance to root out that Pyrate. The Prince was hardly prevail'd upon to undertake this Expedition, however by the Perswasions of his Subjects, he over_run that Island and set down before the Capital with ten thousand Men. But Norbi hoisted the Danish Standard, went over to Frederick, and dealt so poli_tickly with him and the Lubeckers, that Frederick sent a Fleet which enter'd the Port of Wisby the Capital of Gothland, without any Opposition from the Fleet of Sweden. The two Kings met and held a Confe_rence relating to each others Right to Gothland, but it was not determin'd; yet they parted in seeming good Friends. When Gustavus return'd to Sweden, his Sub_jects pressed him to hasten his Coronation, but his Reasons concerning the Change of Religion were not ripe enough for that Ceremony. The Doctrine of Luther took footing in Sweden, abetted secretly by the King, but it was a nice and dangerous Affair, and tho' his Hand was open ready for the Grasp of the overgrown Revenues of the Bishops to support the Crown, yet he durst not at that Juncture seize, but he effected it at last, seiz'd the Church Plate and Utensils, their Bells and Crosses. This alarm'd the Clergy, who are too often tenacious of their Privi_leges, who took a Resolution to stir up the Peasants at their yearly Meeting at Upsal, to demand their Re_storation, and his abolishing the new Edict of the Tythes. But Gustavus having Spies every where, came upon them at the Head of a Body of Horse, to their no little Surprize at his sudden Appearance: There was such an Air of Grandeur and Authority, with the Force of Eloquence in all his Actions, that aw'd the boldest of these Malecontents, and soon brought them on their Knees to sue for Pardon. This Business was no sooner ended, but another rose of a worse Consequence. A Groom, whose Name was Hans, a bold and daring Fellow, of a quick Wit and Parts, set himself up for the Son of Steno their late Administrator (tho' that young Prince had been dead a Year before.) He took that Prince's Name (Hils Steno) upon Him: He had by his Arts, and Support of some discontented great Men, rais'd a powerful Faction in the Provinces distant from the Court.

Gustavus being advised of this Design, thro' Shame of so unworthy a Competitor, seem'd to despise it; however he caused Letters to be wrote by Steno's Wi_dow to the Dalecarlians, wherein she declared her Son had been dead above a Year. This Letter had the desired Effect, for his tumultuous Adherents soon left him, and he made his speedy Flight to Norway, where he was entertained by the Archbishop of Drontheim is the capital City of the Kingdom of Norway: it is seated on the Western Shores of that Dominion. In Latin called Nidrosia, from the River Nider, on which it is built. It is a very rich City, with as safe a Harbour as any in the North, command_ed by a very strong Castle but no other Fortification. The Go_vernment of this City reaches from North to South a hundred and forty Leagues, and thirty five, from East to West. Drontheim as Prince of Sweden, where he levy'd Forces, and was so artful as to pass upon them for the Prince he represented.

Gustavus, to oppose him, sent a Body of Horse, which once more forced him to abandon his Party, and fly to Rostoc, a City in the Lower Saxony, on the Baltick, built on the River Warne. It is a Hans Town, but under the Protection of the Duke of Mecklenburgh. Rostoc a City in Mecklenburgh, or Meckleburgh, a large City and Province in Germany, of the Lower Saxony. In the Times of the Vandals this City was accounted the largest in Europe. Mecklenburgh, where the Chiefs of that Place had his Head struck off.

The King very well knew the Clergy were deep in this Rebellion, therefore he set about gaining them to his Interest, which afterwards he effected by banishing the German Clergy and all Foreign Priests out of his Dominions, supplying their Places with his own Friends.

Gustavus, seeing that most of his Subjects had changed their Religion, declar'd himself a Lutheran, and im_mediately upon that Declaration he proceeded to his Coronation, which was performed with the greatest Solemnity at Upsal, by the new Archbishop Lauren_tius Petri: At the same time he conferr'd the Ho_nour of Knighthood on the chief Lords and Senators of Sweden.

Now Gustavus, after the Fatigues of War, made room for the softer Passion of Love. He cast his Eyes on the Beauties of the Daughter of the Duke of Saxe Lawenburgh, one of the Provinces of Lower Saxony. Saxe Lawenburgh, who esteemed it an Ho_nour to be ally'd to so illustrious an Hero. This Princess was sent by her Father, with a noble Re_tinue, to Stockholm, where the King met her, and the Marriage was consummated with the utmost Magni_ficence. He had hardly tasted his Happiness, ere he receiv'd Intelligence, that the banish'd King Christiern was sailing towards Norway with thirty Vessels, and an Army of ten thousand Soldiers he had gather'd up in the Provinces Germany, &c. But his Fleet was scatter'd by a Storm: However he made a shift to land on the Coast of Norway: His Pretence was Religion, which he knew wou'd bring the discontent_ed Clergy to own his Cause. Frederick King of the Danes was as much interested in Christiern's Descent, as Gustavus, therefore that Monarch sent out a Squa_dron of Ships of War early in the Spring, that met with Christiern's Fleet in the Bay of Bahuys, (Bahusium) is an Island in the Baltick Sea, bounded on the East by Gothland. It is a fruitful Island, near a hundred Miles long, and thirty broad. Bahuys, where (after an obstinate Fight that continu'd a whole Day) the Ships of Christiern were most of 'em destroy'd.

This unfortunate King made another Attempt to enter Sweden by the way of Gothland, but was oppo_sed by a Party of three thousand Swedish Horse, which compel'd him to throw himself in the little Town of Congel in West Gothland, for his better Se_curity, where he was so strictly besieg'd, that Fa_mine cou'd not be ranked among the least of his Enemies, most of his Officers and Soldiers fled to the Swedes, choosing rather to be Prisoners than starve.

The Bishop of Odense, a City of Denmark, the Capital of the Island Fionia, between Jutland to the West, and Zeeland to the East, separated from 'em both, by two narrow Channels. The City of Odense is strong, and well built. It is a pleasant and fruitful Island, considering the Climate. Odense, seeing to what Mi_sery this unhappy Monarch was reduc'd, felt pity for his Condition, therefore persuaded him to submit his Person to Frederick, assuring him at the same time, he wou'd answer for the Success. Christiern having no other Hope took the Bishop's Advice, and accom_pany'd with the cunning Trolio, and a few of his Attendance, he arriv'd at Copenhagen, where the King of Denmark had him seiz'd, and imprison'd in the Castle of Soneburgh, the Capital of the Island of Oesel, in the Mouth of the Bay of Livonia. The Island is about eighty Miles in Cir_cuit. Soneburgh. In that Place he was con_fin'd till he had sign'd a formal Resignation of the Crowns of Sweden, Denmark, and Norway. When that was done, his Bounds were enlarged, having the Liberty granted him of Fishing, Hunting, &c. and was treated like a Prince (tho' narrowly watch'd) till his Death.

Archbishop Trolio retir'd to Lubeck, where he form'd a Leage with that Regency, and Prince Christopher of Oldenburgh, to raise Troops in order to release King Christiern from his Confinement, and struggle once more for the Crown of Denmark. But he that so often had stain'd his white Robes with Blood, was wounded in the Battle of Funon, taken Prisoner, and died of his Wounds at Sleswick, a City of Denmark, in the Province of Holstein, seated on the River Sle�e (from whence it takes its Name) that disembogues its Streams into the Baltick, near that City. Sleswick in Holstein.

The Great Gustavus, being thus happily rid of his Enemies, and his Dominions in a profound Peace, apply'd himself wholly to the Improvement of Trade.

He built Citadels and Royal Palaces in many Parts of the Kingdom, with a Magnificence unknown before to the Swedes. He never resided long in one Place, but progress'd from Province to Province, attended by most of his Court, which accustomed his Subjects to his Sight and Authority. This great King, Hero and Statesman in one, gave Audience to all Sorts of Persons; he decided all Causes and Controversies, with a Judgment peculiar to himself, and as War was carried on without the Assistance of Generals, so he rul'd absolute in a profound Peace many Years. He reign'd alone, without either Favourites or Mistresses, or ever raising the Undeserving; He liv'd belov'd by his Subjects and fear'd by his Enemies.

Our renowned Hero had four Sons, Eric the eldest, whom he had Hopes of matching to Elizabeth Queen of England whose Alliance he much wish'd for. He therefore, in order to bring this Affair about, sent an Ambassador to that Virgin Queen, to propose a Confede_racy between the two Nations. The Queen of England was courted by most of the Princes of Europe, but she had the Art to manage her Lovers as she pleased, amu_sing them with Hope, in their several Turns, accord_ing to the State of her Affairs.

This Ambassador was Tutor to Prince Eric; when he arriv'd at the Court of Queen Elizabeth, he was receiv'd with all the Marks of Kindness and Respect. The Proposals he made in the Name of his Master, in Re_lation to Commerce and Confederacy, were favourably heard, and when he mention'd a stricter Alliance be_tween that Queen and Prince Eric, he had no reason to complain on that Subject. He therefore return'd to Sweden, where he inform'd Gustavus, that there was no_thing wanting but the Presence of Prince Eric, to com_pleat the Alliance between the two Crowns.

Prince Eric was endowed with many Qualities that were sufficient to recommend him to those whose Judgment lies in the Sense of seeing only, for Nature had been liberal in bestowing Favours on him. The Symmetry of his Body was exact; In short, to say no more, he was the very Copy of his Father, with the same Air of Grandeur, Majestick Presence and Au_thority that drew Respect from all that saw him: But the Lustre of these outward Qualifications were darkened by some inward Passions of the Mind that ill became the Heart of a Prince

Gustavus knowing all his Failings, wou'd not be per_suaded to let his Son visit the young Queen of England, nay, he had some Thoughts of settling the Crown of Sweden on his Second Son, a Prince endow'd with all the Virtues of his great Father. But that wise Mo_narch considering such a Preference might kindle a Civil War both in his Family and Kingdom, resolv'd to regulate the Succession, according to the Order of Birthright, and in the mean time to satisfie Prince Eric (whom his Tutor had inspir'd with a violent Pas_sion for the Queen of England), he consented that Prince John, his second Son, shou'd go to the Court of Queen Elizabeth, under the Pretence of Travel, and try to fix her in Favour of his elder Brother.

The Queen receiv'd him with the most obliging Expressions of Kindness, yet so dexterously avoided his Proposals of Marriage with Prince Eric his Bro_ther, that Prince John was out of all Hope.

Prince Eric thought his Presence wou'd do the Bu_siness effectually, sollicited the Senate to gain Leave from his Father to go in Person to negotiate the Affair of Marriage: Gustavus knowing the violence of his Temper, was persuaded at last to let him go, with a Retinue suitable to his Quality and Occasion; for that wise Prince foresaw if he did not give his Son Leave, that he wou'd either go without his Consent, or raise some Commotion in the State.

However before he wou'd let him depart for Eng_land, he sign'd his Last Will, and divided his King_doms among the Princes his Sons; to the eldest Prince Eric he left his Crown; to Prince John his se_cond Son, the Dukedom of Finland; to Prince Mag_nus his third, East Gothland; to Prince Charles the youngest, Sudermania; under the Titles of Principa_lities, and all to swear Fealty, and pay Homage to the Crown of Sweden.

Prince Eric was highly offended at this Distribution of his Father's, and had Thoughts of taking up Arms to have this Will disannull'd, but was restrain'd from it, when he consider'd Gustavus was King of his Children as well as his Subjects. He therefore stifled his Resentments for the present, but made a Resolu_tion to do it himself, whene'er the Supreme Power shou'd fall into his Hands: But now his Imaginati_ons were all employ'd upon his Love, and his Time taken in preparing for his Voyage; he came to the Port of Elsingbourgh, a good Port in Denmark over against Zeeland. Elsingbourgh, where he was stop'd with the News of his illustrious Father's Death, from whence he return'd to take Possession of the Crown of Sweden.

This Heroick Prince, in the 70th Year of his Age was seized with an inward Fever, that quickly gave him notice of approaching Death. He dismiss'd his Court, and even his Physicians that seem'd to flatter him with Life, and gave up his Breath in the arms of his most faithful Servants, September the 29th, 1560. His Body was interr'd at Upsal, and embalm'd with the Tears of all his Subjects; and his Memory is still dear to them.

This Illustrious Hero enter'd the Realms of Death adorn'd with such shining Honours that will eclipse those ancient Heroes Alexander and C�sar.

I don't know any Author (in my Opinion) has made a better use of the Poetica Licentia, than the Author of the Play of Gustavus Vasa; and I think it must give all Lovers of the Drama an infinite Satisfaction to find his first Essay arrive at Perfection. And I do not in the least doubt, but his Success will be answerable to the Greatness of his Merit. For the Judicious Part of an Audience take as much pleasure in supporting a deserv_ing Piece, as they do in exploding one that has no Me_rit at all.

FINIS. |CPO |Y1646 SEVERALL SPEECHES, Spoken by the Right Honourable The Earle of Loudoun, Lord high Chancellor of the Kingdome of SCOTLAND: AT A Conference with a Committee of the Honourable Houses in the Painted Chamber, October 1646. &horbar Proverbs 25.11. A word fitly spoken, is like apples of gold in pictures of silver. &horbar &horbar EDINBURGH: Printed by Evan Tyler, Printer to the Kings most Excellent Majestie. 1646.

Good Reader,

I Understand, that the right Honourable the Lord Chancellour of Scotland had not right done him by the printed Copie of his Speech to the Kings Majestie at New-castle, concerning the Pro_positions of Peace, there being in that Copie Errours and Omis_sions, and both materiall, which hath moved me to resolve, as to print the former according to the true Copie, so for preventing the like mistakes and mis-representations, first to procure to my selfe, and now to communicate to the publike view, the true transcripts of these last three Speeches: In which thou shalt find the merit of an excellent Subject to speak for it selfe, for thou hast here a most solid, judicious, candide, and plain debate, concerning the best and most hopefull meanes of attaining a speedy and happy Peace, which may put a period to the lasting miseries of these three Kingdoms: Reade and consider, and beware thou doe not receive with the left hand what is reached forth with the right: This noble Lord hath dealt freely and faithfully both with King and Parliament; and, as truth and plain dealing did appeare in his Speeches, so what he spake is here faithfully Imparted; and thou maist be confident, that in this it holds true, Ta eon tē phōnē esti tōn en tē psychē pathēmatōn symbola, kai ta graphomena tōn en tē phōnē.

Thine to serve thee for the Publike good, G.A.

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

THe end of this Conference is to advise what is fit to be done for the Peace and Security of the Kingdomes in relation to the King, and how to dispose of his Majesties Person, which is a matter very tick_lish, and of most high concernment; and they who would build ve_ry high, must dig very low for a firm foundation: And therefore I shall make bold to desire, That what ever we resolve upon concerning the Kings Majesty, it may be done by joynt advice and consent of both Kingdomes, and that the Unity between the Kingdomes may be inviolably preserved, as that wherein (next to Gods protection) the chiefe strength of both lies, which would be laid as a ground of our future debates. And because the purpose we are to speak of is ve_ry grave and serious, I shall speak of it with that sincerity, as I wish my words were written with the beams of the Sun, and registred to posterity, that all the world might see the candor and integrity of our proceedings towards the King and our Brethren of England. And (as I had occasion once to express in this place) so do I now say, That no man hath conscience nor honour who will not remember our solemn League and Covenant, as the strongest bond under heaven between God and man, between man and man, and between Nation and Nation, in which our Unity is founded upon Verity in a threefold relation; to God, to the King, and amongst our selves. The first is the greatest, and ascends as high as heaven: for Religion, which hath its name � religando, unites us to God himself; and so long as he is in League with us, we need not feare who be against us. Let us therefore hold fast our Unity in Religion, and beware of Toleration of all Religions, which is the ready way to have none; for there is nothing more divine in God then Uni_ty, and nothing more diabolicall in the Devill then Division, who therefore is known to the vulgar by his cloven foot to be the spirit of Division.

The next ground and relation of our Unity, is with the King, to whom we are bound (in the stricted bonds of loyall Subjection) by our Allegeance and Cove_nant, as to one Head and Monarch: and therefore the faithfull endeavours of both Kingdoms should (without wearying) be constantly contributed, That we may be united to him by a happy and just Peace: For if one of the Kingdomes shall cast off the King, and the other have a King; if the one shall make Peace with the King, and the other not make Peace, but be still at variance with him, it is to be feared, that no humane wit nor policie will be able to keep the two Kingdoms long without a rupture: And if it please God so to incline the Kings heart, and direct the wisdome of the Parliaments, as that the King and we could make a happy a_greement, no power nor policie can be able to divide us; for Qui conveniunt uni tertio, conveniunt inter se.

The third ground and relation of our Unity, is the conjunction of the two Kingdomes, which hath been acknowledged to be so necessary and usefull to both, That they have often declared, they would stand and fall, and (like Hippocrates twins) live and dye together. And therefore, as we regard our solem Covenant with God Almighty, and tender the standing and safety of the Kingdomes, let us (with one heart and mind) joyn our counsels and actions, That whatsoever we re_solve upon for our common Peace and Security in relation to the King, and of each Kingdome to other, that it be done in zeale to Religion, in loyalty to the King, and with unanimity amongst our selves. And, as the Pythagoreans did note the number of Two with the mark of infamy, as being the first number that durst part from Unity; so, which soever of the Kingdomes shall first violate the Unity which is bound up in our Covenant, may apply it to themselves: But if we shall adhere to that Unity which is builded upon the firm foundation of Verity, in our relations to Religion, the King, and amongst our selves, it will be a three-fold cord which is not easily broken; and our Unity, I hope, shall be turned into an identity both Kingdomes may be perfectly one.

Having thus in the first place laid a ground for Unity of Counsels and Resolu_tions, I shall in the next place humbly desire and protest, That whatever may be our Propositions or Debates concerning the King, it be not mis-construed, as if one of the Kingdomes were imposing conditions upon the other, or that we are ab_solutely wedded to any one desire more then to another; but that (all severall waies being amicably debated and rightly pondered,) That which may serve most for the safety, security and happinesse of the King and both Kingdomes, may be gravely resolved upon. And now I come to the Question it selfe, concerning the disposing of His Majesties Person; first Negatively, and then Positively. Nega_tively, the Question is not of the power and authority of the Houses of Parliament in disposing of any person, or judging of any case which is of single concernment to England: Nor is the Question how the Kings Person may be disposed of de facto by any one of the Kingdomes; neither is the Question properly de jure & posse, but de esse, & bene esse: And, as it is neither good Logick nor good Divinity to argue � posse ad esse; so sure I am, in this case it is far worse policie for either Kingdome to dispute what they may do in the height of their power, when both are consulting what is fittest to be done for the Peace and Security of both. And the relation of both Kingdomes to his Majesty, and of each Kingdome to other being rightly con_sidered, as he is King to both, as both are Subjects to him, as both are ingaged in the same Cause, and have been in the same War, and are labouring under the same Danger, are seeking the same Remedies, and should have the same Security; We do hold, that the disposing of the Kings Person doth not properly belong to any one of the Kingdomes, but joyntly to both. And after Scotland hath suffered the heat of the day and winters cold, have forsaken their owne peace for love of their Brethren, have set their own house on fire to quench theirs: After so much expense of their bloud in all the three Kingdomes, after we have gone along with you in all the hardship of this War, and (without vanity be it spoken) have been so use_full in this Cause: And that the King hath cast himself into the hands of the Scot_tish Army, and that by the blessing of God upon the joynt endeavours of both Kingdoms we are come to the harbour of a peace; We cannot expect that the ho_nourable Houses wil think it agreeable with conscience or honour, or with the ju_stice of the Houses, that the Person of the King should be disposed of by them as they shall think fit, or by any one of the Kingdoms alone; but that what ever shall be resolved in this may be done by joynt advice of both, as may serve most for the peace, security, and happinesse of both Kingdoms.

The Lord Chancellour of Scotland his second Speech: At a Conference in the Painted Chamber, with a Committee of both Houses, Octob. 6. 1646.

AT our last meeting in this Conference, your Lordships did assert the Vote of the Houses, That the Person of the King should be disposed on as the two Houses shall think fit; And we did hold, that the King, who is the Head and Mo_narch of both Kingdoms, ought not to be disposed of by any one of the Kingdoms, but by joynt advice of both, as might serve most for the peace, happinesse, and se_curity of his Majesty and both Kingdoms, which we fortified with severall argu_ments from the interests and relations which both Kingdoms have equally to the King, and from the Covenant and Treaty between the Kingdoms, as the best way to preserve our Unity. But since your Lordships doe adhere to the Vote of the Houses, as that which you cannot part from, We do humbly desire, that your Lord_ships may be pleased (in time convenient, at the close of this Conference) to report the difference of our judgment to the honourable Houses, who upon better reasons both may, and (we hope) will take their Vote into further consideration: And so each reservation of our judgement, that the disposing of his Majesties Person doth belong to both; and not to any one of the Kingdoms, especially in such a juncture of affaires, as both Kingdoms stand engaged in this cause; I shall descend parti_cularly how the Kings Person should be disposed of to the best advantage of both Kingdomes, and for attaining such a happy peace as all good men should desire. But lest we should walk in the dark upon obscurity of ambiguous words, I shall desire that the word of disposing of the Kings Person may be rightly understood, and the true sense of it may be cleerly known: For Dolus versatur in universalibus. For To dispose of the Kings Person, as both Houses, or both Kingdomes shall think fit, may in some sense be to depose, or worse: But because the word [Dispose] may ad_mit a more benigne interpretation, as when men commit their estates and children, or that which is dearest to them to be disposed of, (which is but to be advised) by these who have nearest relation to them, and in whom they repose most trust: I shall speak of the disposing of his Majesties Royall person in that sense, (which I hope) is also the sense of the Houses. Nor doe I know any other way how his Majesties Person can be disposed of, but that he be put either under re_straint, or be at freedome with honour and safety. As for the way of restraint, I look upon it as it looks upon us, as a remedy more dangerous then the disease, and as a mean to draw the war of forain Kings upon us (especially the Prince being in other Kingdoms) rather then to quiet our troubles at home. And therefore suppo_sing that none of the Kingdomes will take any way concerning his Majesties Per_son, but such as may consist with duty and honour, and which may lessen, and not increase our troubles, I shall lay aside the way of restraint, and speak of the way which may be with freedome, honour and safety, which can be no other but that his Majesty shall go into Scotland, or come to his Parliament here, or some of his houses neer-abouts.

His going into Scotland is full of dangers and inconveniences to both King_domes: The Amalekites are not yet driven out of that Land. The bloudy barbarous Irish, banded with a wicked crew of Malignants, possesse the Mountains and high_lands, which are the strong holds, and never conquered parts of that Kingdome. They have not laid down Arms, but keep in a body together, and they are so neer to Ireland, as the Forces of the Rebels there may in two or three houres space come over and joyne with them: and (Scotland) not being able to keep and entertaine Armies long, the King being there, may raise such Forces in Scotland, as may make way quickly into England. And therefore his Majesties going into Scotland (before our Peace be settled) being of most dangerous consequence to both Kingdomes, I shall humbly offer to your Lordships consideration his Majesties coming to Lon_don, or some of his houses here-abouts, as the most probable way to procure a spee_dy and happy agreement, which is also his Majesties own desire in his answer to the Propositions. And although no perswasion of ours could prevaile to procure a more satisfactory answer for the time, then what is returned to the Houses of Par_liament, yet (I assure your Lordships) that the Committee of Estates of the Par_liament of Scotland, and the Noblemen, who were at Newcastle, did faithfully con_tribute their best endeavours, that his Majesty might have given his assent to the Propositions: And, as wee did then deliver our minds with that plainnesse and freedome which was fit for faithfull and loyall Subjects, with no lesse regard to this Kingdome then our own Nation; so are we now (with the same candor and tendernesse of affection) willing and ready to concurre with the honourable Hou_ses in every thing which may promote the great work of Reformation, and settle Religion according to the Covenant with a well grounded peace. And for these ends, we desire, that his Majesties answer may be improved to the best advantage of the publike.

For albeit the King hath not given a present assent to the Propositions, yet he hath not in his answer refused them; but doth promise, That hee will cheerfully grant and give his assent unto all such Bills (at the desire of the two Houses) and reasonable demands for Scotland, which shall be really for the good & peace of his people: To which end he desireth and proposeth; That he may come to London (or any of his houses there-abouts) upon security, That he shall be there with honour, freedome and safety, as the best expedient to procure a happy agreement between his Majesty and his Parliament, which we desire may be weighed in the ballance of righteous judgement, as a businesse of the greatest consequence which can fall within humane consideration and wherein the glory of God is most concerned of any businesse under heaven. For upon a blessed agreement between the King and his Parliament, Religion and Righteousnesse, Truth and Peace, which are the compend and height of all happinesse, will be established to the eternall fame and glory of great Britaine, and the great comfort of all the Protestant Churches: And upon our disagreement, all the calamities of a bloudy and unnaturall war, will be continued, and nothing heard nor seen in Church nor State but confusion. God hath brought both Kingdomes thorow the surges and waves of a boisterous tempest, into the harbour of a peace, & hath scattered most part of our Enemies, & now our work is how to come a-shore, & establish a right peace. I hope, it is as far from our desires and intentions, as it is against our Covenant and Professions, to change fundamental government. We have need to take heed, that we run not from one extreme into another; Dum stulti vitant vitia, in contraria currunt: Therefore our study would be how to cure the wound which our sins and the evill counsells of others have made between the King and his Parliament, to make up the breach, and not make it wider.

It hath been universally acknowledged, That the Kings removall from his Parliament, is the immediate and chiefe cause of all the war, mischiefe, and calami_ties of the kingdomes: Then his Majesties presence in joyning with his Parlia_ment must be the best, if not the onely remedy to remove our troubles, for it is a maxime no lesse true then common, that Contraries have contrary consequents. Contrario_rum contrari sunt conse_quentia.

The King desires to come to his Parliament, not onely to have his doubts clee_red, and have these difficulties explained which hinder his consent to the Proposi_tions as they now stand: But likewise that his coming may raise a mutuall confi_dence between him and his Parliament: If the last were done, the first would soon be performed, and all those mountaines of difficulties would easily be removed, and become valleys.

Your Commissioners had no power to give any reasons, no not so much as tell what is the meaning of any of your demands, nor hearken to any desire of the Kings; And certainly some things might be justly moved by his Majesty, which are necessary for the Crowne and a well grounded Peace, as, That he may have his Revenues, That he may returne with honour and safety to his Crowne and go_vernment; And if the King were with his Parliament, where hee might both give and receive satisfaction, he might with reason be convinced, to assent to what hee now conceives to be unreasonable.

The making of a peace, is so great and glorious a worke, and so acceptable to all good men, and to the whole people, that it would (after so great trouble) be like raine to the new mowne grasse, or like a resurrection from the dead, and is a worke worthy of a Kings presence: And the King may without arrogancy desire that glory to himselfe, the more to reingratiate him to his people, and not devolve that honour wholly to any other, wherein he himselfe ought to be the prime Actor. And therefore the Kings presence with his Parliament is the most probable way to sustaine to a speedy and blessed peace, which certainly will be the more durable if it be with the good liking of both sides.

I know there is one common objection (and I know not another) wherewith many are possest and prejudiced against the Kings coming to his Parliament, That his presence may breed division, and that he may thereafter withdraw and continue our troubles. Unity and Concord (I confesse) is that by which Kingdoms and Com_mon-wealthes doe flourish, and there is nothing more dangerous then division, Concordia enim res parv� crescunt, discordia vero maxim� dilabuntur. But is there any greater or more dangerous division, then to have the Head divided from the Body? to have the King divided from his Parliament, the representative body of the kingdome, whereof he is the Head? Hath not this division divided brother against brother, the father against the son, and the son against the father, and Countrey a_gainst Countrey? This division is the cause of all our other divisions; Take this away and all our other divisions are at an end. Ablata causa tollitur effectus. The King doth (with all earnestnesse) desire to be joyned with you, and stands more in need of reconciliation, and I hope will (according to his profession) en_deavour it rather then division; And (I trust) the wisdom of the honourable Hou_ses is such as they will doe so too, and rather be reconciled to the King, then di_vide amongst our selves. And that argument not to admit of the Kings coming to his Parliament, because his presence may breed division, is an argument to de_barre him perpetually from his Parliament. And now the case is altered from what it was, when it was thought unfit, that the King should come to his Parliament, because then he had forces in the fields, garisons, and strong holds to returne to: Now he hath none of these against you, And his desire of coming to his Parlia_ment, cannot be but with resolution to agree and stay with you, for if hee were once with you, where can he goe from you? And if they were esteemed enemies to the Parliament and the Peace of the kingdoms, who advised the King to withdraw from his Parliament, what estimation will the world have of them, who will not suffer him to returne to his Parliament, when he offers to cast himselfe in your armes? Nor can there be a more reall testimony of our respect and affection to England, then that we desire he may be with you, and be advised by you, neither can you have any greater honour, then that (after you have dissipated your Enemies) his Majesty is willing to returne to you: And if so kind an offer shall be refused, and the King driven to despaire, it is to be feared, these kingdomes will be invol_ved in great difficulties then ever, and we shall be driven out of the harbour and entrance of a peace, into the tempest of new and bloudy wars.

For although Scotland be most willing and desirous that the King should return to his Parliament with honour, safety, and freedome, and that he may remaine where his personal presence may serve most for the security and happinesse of his people; yet if any such course shall be taken or any demand made for rendring of his Person, which cannot stand with his honour and safety, or which cannot con_sist with our duty, allegeance and Covenant, nor with the honour of that Army, to whom (in time of his extreme danger) he had his recourse for safety; it cannot be expected that we can be capable of so base an Act. And if (to shun this, and avoid occasion of quarrelling between the kingdomes) he shall goe to Scotland, and re_sent his expulsion out of England, and crave the assistance of that kingdome for re_covery of his right to this Crowne; Hee may in a short time raise such Forces in Scotland and Ireland, as with the assistance of Foraine Princes, these kingdomes may be made a field of bloud, and the youngest amongst us not live to see the end of these unnaturall wars. But if the present opportunity be wisely managed, and that we maintaine the just priviledges of Parliament and liberty of the Subject in both kingdomes, with that wisdome and discretion, as that may be given to God which is Gods, and to C�sar what is C�sars, if we feare God and the King, and doe not meddle with them who are given to change, That same divine providence and wisdome which hath brought us through many difficulties, will also teach us how to establish these kingdomes in peace, and the Kings Throne in righteousnesse, That the great blessing of a constant and friendly conjunction of the two king_domes (now united by allegeance and loyall subjection to one Soveraigne and Head) may be firmly observed and continued to all posterity.

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The Lord Chancellour of Scotland his last Speech, At a Conference in the Painted Chamber with a Committee of both Houses, October 10. 1646. My Lords and Gentlemen,

THis day I hope will bring our Conference to some results to be reported to the Houses, and therefore I shall frame my Discourse and Arguments with that succinctnesse as may bring us soonest to a close.

At our first meeting, the subject of our debate was, whether the Right and Power of dis_posing the Person of the King is solely in the two Houses as they shall thinke fit, or in the two Kingdomes; and at our last meeting, we had some arguing about the same question, but your Lordships did still assert the Vote of the Houses, and we say (in respect of the interest and relations which both Kingdomes have equally to the King, especially in the present jun_cture of affaires, when both Kingdomes are entred in the same League and Covenant, have jeoparded their lives in the same War, are labouring under the same danger, are seeking the same remedies, and stand in need of the same Peace and security; and both Kingdomes are bound by our Covenant to preserve Unity, and are obliged by Treaty that none of us shall make any peace, cessation, or agreement whatsoever, without mutuall advice and consent of both) That the Person of the King cannot be disposed of without the joynt advice and consent of both Kingdomes. But as we doe acknowledge that England hath parity of interest with Scotland, so doe we still offer that they shall have parity of power in disposing of the King: and we doe affirme, That the Person of the King, who is King of Scotland as well as of England, and is Head and Monarch of both Kingdomes, cannot be disposed of by any one of the Kingdomes alone: but what ever is to be done concerning the disposing of his Maje_sties Person, ought to be done by joynt advice and common consent of both, as may serve most for the Peace, security, and happinesse of the King and Kingdomes, which we did prove by severall Arguments: To which there was nothing answered in effect, but, That the King being within England, his Person was to be disposed of as the two Houses shall thinke fit, and that the King being with the Scottish Army, and they being paid by the Parliament of England, he is in effect in the power of the Houses, and ought to be at their disposing, in the same way as if he had come to the Army of Sir Thomas Fairfax, or any other of the Parliaments Armies. To which we shall not need to make any reply other then wee have made already, That the Kings present residence in England, nor no locality, can take away the reality of our relations formerly mentioned by us, farre lesse can it take away the ingage_ments and stipulations betweene the Kingdomes; and though the Scottish Army be paid by the Parliament of England, yet they are the Army of Scotland, raised for pursuance of the ends of the Covenant, and are to be ordered and directed by the Parliaments or Committees of both Kingdomes: And therefore they cannot with conscience, duty, nor honour, deliver the person of the King without his owne consent, to be disposed of as the two Houses shall thinke fit: but we have declared and doe still declare, That we are content that the Person of the King be disposed of (the word Disposed being taken in a right sense) as may serve most for the Peace, safety, security, honour and happinesse of the King and both Kingdomes: and did offer to your Lordships consideration his Majesties coming to or neere London, as the most probable meanes to procure a speedy and well-grounded Peace. And seeing your Lordships have done us the honour to meet with us in this free and brotherly Conference, we doe expect that you will concurre and assent to this Proposition, or propound a better expedient for the good of both Kingdomes.

But if the honourable Houses will not admit of this Proposition, our next desire is (that it may appeare, no lawfull and possible meanes are left unassayed which may procure a happy agreement betwixt the King and his Parliaments, and for our further exoneration) That Commissioners may yet once more be sent from both Kingdomes to his Majesty, to shew the meaning of our Propositions and to assert them, and to heare the Kings doubts and difficul_ties, and desires, who may further intimate, that (if his Majesty shall not give a satisfa_ctory answer to the Propositions) then both Kingdoms will without making any such further application to him, take such course as they shall judge fittest for the peace and security of the Kingdomes.

And as at the opening of this Conference I did begin with an humble, lawfull, and lau_dable desire for unity in relation to Religion, the King, and amongst our selves, so shall I close in the same dialect; for the first of Religion, if we doe remember our vowes to God to performe them, and shall endeavour really, constantly, and sincerely, the Reformation of Religion, and uniformity according to our Covenant, we may certainly expect that God will crowne this great worke, wherein he hath honoured us to be actors, with his blessing; but if in place of uniformity, which we are obliged to endeavour, there shall be a toleration of all Sects and sorts of Religion, and if we neglect to build the house of God, and become inso_lent upon our successes; although wee could mount up with Eagles wings, and build our nests as high as the starres, and had an army who for valour and strength could march to Constantinople, God shall lay our glory low in the dust, and suffer the work to fall in our hands, like the confusion of Babell: And what ever hath been moved by us concerning the King, wee desire it may be rightly constructed, as proceeding from such as have not wavered from their first principles; for when the King was in the height of his power, we did not, and (I hope) never shall flatter him; and when the enemy was in the height of their pride and strength, Scotland did feare no colours: and now when the King is at his lowest ebb, and hath cast himselfe into our Army for safety, we hope your Lordships will pardon us from our sense of honour and duty to be very tender of the person, and posterity of the King, to whom wee have so many neer relations, and not like the worse of us: that wee cannot so farre forget our allegeance and duty as not to have an antipathy against the change of Mo_narchicall government, in which wee have lived through the descent of so many kings, and under which both kingdomes have been governed so many ages, and flourished in all happi_nesse. And now my last word shall be for constant Unity between the kingdomes, which as it hath been the chiefe meanes to promote the great work wherein both kingdomes are so deeply engaged, so there is nothing can make us so formidable to our enemies, nor so much aiding one to another, as the cheirishing and continuing thereof; and I dare say that no man would divide the one from the other, but such as desire to fish in troubled waters, and are reall enemies to both. God hath blest the joynt endeavours of both Nations, both are in one ship, and are come through a very great storme, and now when we are come into the har_bour, it would be great shame to both to split upon the rocks of division (& devorato bove deficere in cauda) and your Lordships may be confident that Scotland who have esteem_ed no hazzard too great, for settling of Religion and love to their Brethren, will stick so fast and firmly to you, (so long as you hold the principles of your Covenant) as no feare nor fa_vour will ever be able to divide them from you, and wee doe expect that reciprocall amity which may perpetuate our Unity.

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The Lord Chancellour of Scotland his Speech, to the Kings Majestie at Newcastle.

YOur Majestie was pleased on Monday last, to call the Lords of your privy Counsell of Scotland, and the Committee to acquaint them with the Propositions, and told, That before the delivery of your answer, you would make the same knowne to them. The time assigned for the stay of the Commissioners is so short, and the consequence of your Majesties answer is of so great importance, either for the preservation or ruine of your Crown and Kingdomes, as we could not be answerable to God, nor to that trust reposed in us, unlesse we represent to your Majesty how necessary it is (as the condition of affaires now stand, and in so great an extremity) that your Majesty should assent to the Propositions, and that the danger and losse of your refusall will be remediles, and bring on sudden ruine and destruction.

I shall begin first with the last, which is the danger; and shall next speak a word of the remedy. The differences between your Majesty and your Parliament (which no man knowes better then your Majesties selfe) are growne to such a height, that after many bloudy battels, there is no cure but a present peace, otherwise nothing can be expected but certain destructi_on. The Parliament is possest of your Navie, and of all the Forts, Garisons, and strong holds of the Kingdome: They have the Excise, Assessements, and Sequestrations at ther disposall and have authority to raise all the men and mony in the Kingdome, and (after many victo_ries and great successes) they have a strong Army on foot, and are now in such a posture for strength and power, as they are in a capacity to doe what they will both in Church and State: And some are so afraid, others so unwilling to submit themselves to your Majesties government, as they desire not you, nor any of your race longer to raigne over them. Yet the people are so wearied of the wars, and great burthens they groane under, are so desirous of peace, and loth to have Monarchicall government (under which they have lived so long in peace and plenty) changed, that such as are unwearied of your Majesties government, dare not attempt to cast it totally off, till once they send Propositions of Peace to your Majesty, lest the people (without whose concurrence they are not able to carry on their designe) should fall from them. And therefore all the people being desirous, that (after so great wars and troubles) they may have a perfect security from oppression and arbitrary power, The Houses of Parliament have resolved upon the Propositions, which are tendred to your Majesty, as that without which the Kingdome and your people cannot be in safety; and most part of the people think, that there cannot be a firme peace upon any other termes.

Your Majesties friends, and the Commissioners from Scotland (after all the wrestling they could) were forced to consent to the sending of those Propositions, or to be hated as the hinderers of peace, and to send no Propositions at all. And now, Sir, if your Majesty (which God forbid) shall refuse to assent to the Propositions, you will lose all your friends, lose the City and all the Country, and all England will joyne against you as one man, and (when all hope of reconciliation is past) it is to be feared, they will processe and depose you, and set up another government, they will charge us to deliver your Majesty to them, and to render the Northren Garisons, and to remove our Army out of England, and upon your Majesties refusing the Propositions, both Kingdomes will be constrained (for their mutuall safety) to agree and settle Religion and Peace without you, which (to our unspeakable griefe) will ruine your Majesty and your Posterity, And if your Majesty reject our faithfull ad_vice (who desire nothing on earth more, then the establishment of your Majesties Throne) and lose England by your wilfulnesse, your Majesty will not be permitted to come and ruine Scotland.

Sir, we have laid our hand upon our hearts, we have asked counsell and direction from God, and have had our most serious thoughts about the remedy, but can find no other (as affaires stand for the present) to save your Crowne and Kingdomes, then your Majesties as_senting to the Propositions. We dare not say, but they are higher in some things (if it were in our power and option to remedy it) then we doe approve of: But when we see no other meanes for curing the distempers of the Kingdomes, and closing the breaches between your Majesty and your Parliaments, our most humble and faithfull advice is, That your Majesty would be graciously pleased to assent to them, as the only best way to procure a speedy and happy peace; because your Majesty shall thereby have many great advantages: You will be received againe in your Parliament, with the applause and acclamations of your people: By your Royall presence your friends will be strengthned, your enemies (who feare nothing so much as the granting of the Propositions) will be weakned: Your Majesty will have a fit opportunity to offer such Propositions, as you shall in your wisdome judge fit for the Crown and Kingdome. All Armies will be disbanded, and your people, finding the sweet fruits of your peaceable government, your Majesty will gaine their hearts and affections, which will be your strength and glory, and will recover all that your Majestie hath lost in this time of tempest and trouble. And if it please God so to encline your Royall heart to this ad_vice of your humble and faithfull servants, who (next to the honour of God) esteem no_thing more precious then the safety of your Person and Crowne, Our actions shall quickly make it appeare to all the world, That we esteem no hazzard too great for your Majesties safety, and that we are willing to sacrifice our lives and fortunes for establishing of your Throne. And now, Sir, we prostrate our selves at your Majesties feet, and in the low posture of humility doe beg, That your Majestie may (in end) grant the sute of your most humble Servants and faithfull Subjects, who have no private aimes, but only the glory of God, and safety of your Majesties Person, Posterity, and Crowne before our eyes. And the granting of our desires will revive our fainting spirits: refresh our sad hearts, which are overwhelmed, and like to break with sorrow, and will turne the prayers and teares of the many thousands of your people, in praises to God, and make them embrace your Majesty with acclamations of joy. &horbar

FINIS. &horbar |CPO |Y1659 The Speech OF THE RIGHT HONOURABLE NATHANIEL Lord FIENNES, One of the Lord Keepers of the Great SEALE OF ENGLAND, Made before his HIGHNESSE, And both HOUSES of PARLIAMENT: On Thursday the 27&th.sup; of January, 1658. Being the first day of their sitting. &horbar Published by his Highnesse's Command. &horbar LONDON, Printed for Henry Twyford, in Vine Court, Middle Temple, 1659. THE SPEECH OF THE RIGHT HONORABLE Nathaniel Lord Fiennes, One of the Lord Keepers of the Great Seal of ENGLAND. My Lords and Gentlemen,

THE Wise man having proposed this Questi_on, What can the man do that cometh after the King? He answered himself thus, Even that which hath been already done. And to the like Question at this time, What can he say that speaketh after his Highness? The like Answer may not be unfitly returned, Even that which hath been already spo_ken. Let me therefore crave your pa_tience, while I eccho back again unto you the same things, which even now you have heard from his Highness; things, which cannot sound too often in your ears, because they cannot sink too deep into your Hearts; nor be too much upon your Thoughts. You see, how the most wise God, the Su_pream Moderator and Governor of all things, in the present Dispensation of his Providence, which we behold be_fore our eyes, doth as it were checquer out his Work unto us, and seemeth to pave his Way amongst us in Black and White. That which represents it self unto us in a sad and black colour, is the Death of his late Highness, of fa_mous and of blessed Memory: That which appeareth unto us with a fair and promising Aspect, is the Succes_sion of his present Highness to the Government of these Nations, by the Appointment and Declaration of his Father, in pursuance of the Advice of Parliament, and with the general and joyful Acceptation of the People, testi_fied by so many their most affectionate Addresses; and that from most, if not all, Counties, Cities, Burroughs, and other Societies of men, of all sorts, professi_ons, and conditions: whereby it doth most manifestly appear, That what God spake unto them in that Dispensation, at such time as their Hearts were full of doubt, fear, and trouble, upon his late Highness his Death, was a word fitly spoken, like Apples of Gold in Pictures of Silver. And now that his Highness hath called this Parliament of the three Nations, he standeth at the Head of this great and most honorable Assembly, the Representative of the three Nations, and is held forth to the World as a noble piece, beset on the one side, and on the other, with most rich and precious Stones, whereby much of price, and much of lustre is added to it. It is not my business to praise the dead, much less to flatter the living: But the things which I shall represent unto you, in relation to this Alteration which of late the Providence of God hath wrought amongst us, shall be onely such Considerations as have been re_membered unto you by his Highness, and such as may minister fit matter for your thoughts to be exercised about, in order to the great Consultations for which at this time you are called toge_ther.

His late Highness, you know, and the whole World knows, was a Man of War, yet he dyed in Peace, and left these Nations in Peace at home, and Victorious abroad, and they are still (Gods Name be praised for it) in Peace, and in Peace they are brought to your hands; wherein his Highnesse, and the Nations have placed great confidence, and have great hopes, and expecta_tions that they shall be safe, and preser_ved in peace: a thing so well pleasing to God, who is the God of Peace, and so ac_ceptable to these Nations, who have suf_ficiently testified their love to peace; and their longing after settlement: But that is not all, his late Highnesse not only left these three Nations in peace, with, in and between themselves, but also in Unity; and as it was his and the late Parliaments worthy work and care to unite these three Nations into one Commonwealth, that they might be no longer thornes in the eyes, and goades in the sides of each other, as sometimes they have been (and as Wales formerly was, and as other Pro_vinces in our neighbour Nations were unto them, till they found means to in_corporate them into one body, and Go_vernment:) So his Highnesse held it in_cumbent upon him to bring them united to, and in this Parliament, according to the practice of the late Parliaments whilst they sate, and the expresse Declaration of their intention, That all Parliaments for the future should be Parliaments of the three Nations and That there should be some Members to serve in them from, and for the three Nations; which Unity in the supream Legislative Power, doth not only serve at present to prevent a mis_chief, and distraction, but may also, by the blessing of God, for the future, pro_cure a full and perfect Coalition, where_by the breaches and sufferings of many former ages will be avoided, their desires and endeavours attained, and the fears of many succeeding Generations secured, and so at length a strong triple cord twist_ed together, which cannot be easily broken; I say which cannot be easily bro_ken while it remains twisted together: but if untwisted, it may not only be soon and easily broken it selfe, but after each part will serve and help to break the other. In the next place, that which I shall offer to your thoughts upon this Sub_ject, is; That his late Highnesse had it much in his heart to build the House of God, with the Courts thereof, and made great Preparations for it. By the House of God, I mean the Church of God, by the Courts thereof, the true and pure Worship of God, and Justice and Judgment amongst men. This makes the outward, That the in_ward Court of Gods House; and to all these his late Highnesse hath made very considerable Preparations.

As first, David, that sweet Singer of Israel, was not more skilfull to beget Confort in Discord, and in tu_ning the severall and different strings of his Harp to a melodious Harmo_ny, then his late Highnesse was dextrous and wonderfully successfull in keeping Love between dissenting Brethren, and preserving a Christian Unity in a Christian and warran_table variety, which thing is a great preparation towards the building of that Spirituall House, whereof we spoke.

Another great Preparative was, The care he constantly took, that Godly and able Preachers and Mini_sters should be sent forth into all parts; and before they were sent out, that they should passe the test and exami_nation of Prudent, Learned and Pious, Approvers.

A third Preparative was, The care he constantly took of the Universities and Schooles of good Learning, that those Fountains might alwayes be kept clear, and that from thence there might continually issue a pure River of water of life, as clear as Christall, proceeding from the throne of God and of the Lamb.

A fourth Preparative was, The put_ting of such Persons in places of Trust and Power, which would be a coun_tenance to godly men and Godlinesse, and discountenance Atheizme and Pro_fanenesse.

And lastly, As to the outward Court of Gods House, The Administration of Judgment, and Justice amongst men, what were his desires and in_deavours, and what his care from time to time to fill the Benches with able and Learned Judges, we all know.

All these preparations, and many more, did his Highnesse make for this House, and all the materialls thereof are so fitted, and squared before hand; by the humble Petition and Advice, and other good Lawes made by the late Parliament, that, by the help of God, there will be no need of any new ham_mering, nor that there should be heard the noyse of any Hammer, or Axe, much less of Spear, or Sword, or any Tool of Iron, for what is to be further done in the building of this House. Such indeed that look upon the Peti_tion and Advice with a partial and prejudicate eye, or, as it may be distort_ed on the one side or the other in the execution thereof, may think there hath not been a right measure taken of ma_ny things, and that there is great need of running them over again. But who_soever shall well weigh the same, and look into it with a single eye, will finde, That both our Spiritual and Civil Li_berties have been squared, stated, and defined therein with a great deal of care and exactness, and that according to the true nature of Definition; That it is neither too Narrow, nor too Broad, nei_ther too Long, nor too Short; That it hath not taken In any thing that should have been left Out, nor left Out any thing that is Essential. I say this, as to the main, That no truly Godly men need to fear Persecution, nor any wilfull Sinners, of any sort, either in Faith or Practice, hope for Impunity: That no Free men need fear to be made Slaves; nor, That any mens lawless Li_berty, under pretence of making all free, should indeed make all men Slaves.

But the Legislative and Executive Powers are so stated therein, in relation to one another, and to their own parts within themselves, that nei_ther may hinder, but each part help, the other; and that none in ei_ther might have more or less pow_er then is necessary for the good of the whole. And yet is there still behinde a great and a glorious Work, in the location and compo_sure of these parts, though never so well fitted. The Execution of the Law is the Life, the Complement, the perfection thereof. The application of Things to persons, and of Persons to things, and the right joynting and ce_menting of one part to the other, by a Spirit of love within, and establishment of due and necessary order without, will make this House to rise up into a strong, a perfect, and a beautifull structure and Fabrick amongst us; to which much of care, and many provisions will be necessary. What then remains, but that his Highnesse and both Houses of Parlia_ment, should set about this noble work, till they have brought it to perfection. That, as is fresh in your memories, and as you even now heard from that reve_rend Person who was the mouth of God unto you, Mercy and Truth may meet together, and Peace and Righte_ousnesse kisse each other, that Christian liberty may be preserved, without un_christian licentiousnesse, that Ministry and Magistracy, may be maintained and refined, and Learning and the Schools thereof so ordered, that they may con_tinually supply the same; and not be as Abbies and Monastries sometimes were, either Nurseries of Vice and Idleness, or of Faction and Contention; That Godliness may be set on the Throne, and Profaneness thrown out on the Dunghil; That Law and Justice may be executed with Equity and Mercy, That neither Craft nor Cruelty may take advantage of the rigor of the Law, or of the hands of God to turn Judg_ment into Wormhood, and Justice in_to Gall: That Judgment and Justice may run down with a clear and swift Stream; and if any Rubbish, Mud, or Weeds, through length of Time, be got into the Channel, it may be cleared by such careful hands, as, in scouring the Channel, will take heed not to dig down the Banks, whereby an Inunda_tion of Arbitrary Power and Jurisdiction, shall be let in upon the Na_tions.

In the last place, That which I shall offer to your consideration, is, That, if this Government, when it first sprang up in the hands of his late Highnesse, out of those dreadfull Confusions which had covered the face of these three Nations, was readily imbraced by them as a choice and hopefull Plant, though as yet but a tender one, and such as had but newly taken to the Soyl: with how much more reason may we now expect, that it should be enabled to encounter the sorest Stormes and Tempests, that may arise? being supported partly by its own proper Firmnesse, through the good will and liking of the People, out of the Experience they have had, of the Be_nefit they have recieved from it; and the Peace and Tranquillity they have enjoyed under the shadow thereof; and partly by the accession of Parliamentary Authority, both past, and to come, which it cannot but much expect, and relye upon, from time to time, and at all times, conside_ring the great obligations that their wisdome and good affection to the welfare of these Nations, and the Law, by their oaths, and otherwise, hath laid upon them in this behalf: So that it being so well rooted downwards, and so well grown upwards, though pos_sibly the boughs and branches there_of may be a little shaken sometimes, and moved one while this way, and ano_ther while that way, yet there will be no danger of the trees falling, by Gods grace, unless we have so far provoked his justice by our ingratitude in gene_ral, and in particular for the mercy we have, and may still further enjoy (if it be not our own faults) under this Government, that he shall suffer a Spirit of division to run through the prin_cipal parts thereof, that they fall one from another, and so at length fall one upon another, and so at last fall down all together, and then be trodden un_der foot, and that on all hands, and on every side, and with them the peace of these Nations which they enjoy at home, and the honor and renown which they have gained abroad; than which they never had more then at this day, both far and near. But what speak I of the honor of men, when as the ho_nor of God, and the safety and prospe_rity of his Churches and people, both here, and throughout all Christen_dome, doth so much depend upon the peace and consistency of these nations at this time, as in truth they do, as much, if not more, than on all the Nati_ons in the world besides?

This is a great word which I have said, but it is a true one, and if the pre_sent state, and posture of affairs through_out the whole Christian world, be well weighed, and considered, it will be found that this is no swelling vaunt, but a well measured truth. And because it is so, no doubt the grand Enemy of our Peace, because he is the grand Ene_my of God, and his Church, will be very busie at this time, with all his instruments, and will cast many mists before our eyes. He is a spirit of darkness, of error, and mistakes, that he may become a spirit of mis-under_standing and division, and he is a spi_rit of division, because he delights in war and blood-shed, the natural con_sequencies thereof; for he was a mur_therer from the beginning: But we are not ignorant of his arts, and wiles, and whatever fair and beautiful shapes he appears in at the first, yet if we examine him to the bottome, from top to toe, we shall at length disco_ver him by his divided, and dividing foot; and thence take warning to avoid him. We have also a wholsome, and Divine Council to preserve us from falling into his snare: That is, to hold the unity of the spirit, in the bond of peace. What is that bond of peace? In a Moral sense, it is that tri_ple knot of true love and good under_standing between His Highness and the two Houses of Parliament. In a po_litique consideration, it is the constitution of our Government, whereby we have another triple Cord, besides that of the three Nations united into one Commonwealth, viz. the consti_tution of their Supreme Legislative power, consisting of a single Person, and two Houses of Parliament; which Cord, while it is kept well twisted together, will be a great strength to it self, to the Nations, and to the people of God in these, and all our neighbouring Nations round about us. But if once it begin to unravel, and the two ends fall one from ano_ther, and from the middle, all will run to ruine. Therefore be very care_ful to hold fast the bond, and beware of all such as shall be picking at the knot, under what colour, or pre_tence soever, yea though they promise never so much, and undertake to binde it up so fast, and in a better fashion then it was before. This ty_ing and untying of the bond, and continual seeking after new fashioned knots, hath put these Nations to much trouble, and into more danger. It is good to hold what we have, till we are sure to meet with that which is better; And of all fashion knots, the Nations will be worst satisfied with a Bowe knot, a sliding, a slip knot, which will be alwayes fast and loose, which every touch at either end will dissolve, and leave the Nations always at uncertainty, always in unsettlement. But the knot which takes in both ends, the top and the bottome, and joyns them fast together, and to the middle with a treble knot, and where_in each part helps to fasten the other, and the drawing of either end, draws all nearer and closer together; this will make a fast knot, a knot (by Gods bles_sing) like to hold, and to continue. And surely were there no other consideration but this (give me leave to re_peat it, though I have said it once before) this alone were sufficient to make us keep close together, at this time, be_cause we cannot fall in pieces, as things now stand abroad, but the whole Prote_stant interest, throughout the whole world, is like to fall asunder also with us.

For if we well consider how the Princes, and States in Germany, both the Upper, and the Lower, and in the Northern parts of Europe, begin to state their interest otherwise, and to take a different measure of their Confederacies, and alliances, then for_merly they have done, We shall finde upon the matter but one single bar that is considerable, to check the growing power of the Austrian family in those parts, whereunto it cannot long make head, without support and help from others, and from whence onely, any that is considerable can be expected, is not hard to judge. I shallnot need to minde you of that which more nearly concerneth you (for it so nearly concerns you, that you cannot but be sensible of it) I mean the present condition of Affairs, in relation to the Sound and Bal_tick Sea, and the great Forces both by Sea and Land, that look that way: And how far, and how soon this may bring to the Stake all the Materials wherewith your Walls must be upheld, (I say your best Walls, and the best in the world, though Woodden ones) I leave to your consideration: And how critical this very Spring may prove to the sa_ving or losing of your Stake. Onely this I shall say, should your Wings be once clipped in that kinde, when you shall get up again to the pitch where now you are, none but he onely, who onely (and that too in an extraordinary way) can help you up again, he onely can tell. On the other side, for the other branch of the House of Austria, (which sometimes hath been, and may soon be again the terrour and jealousie of the whole world) you know what Ballance it onely hath, and upon what ticklish terms it now stands, and what friends he hath made, and what he further hopes to make of old Enemies; and what advanta_ges he hath, and still further hopes to make of them; not onely to your prejudice, and the endangering of your ruine, but of those themselves also in the end, whose help_ing hands, by inticements of present advanta_ges, he endeavours to draw to his assistance, in the pulling down of their own out-works, and best Supports. It is true, he hath suffered some Breaches, and received some Wounds of late: but how soon, by the help of that vast Treasure, which he drawes continually from the Indies (if he may bring it still quietly home) he may repair those Breaches, and heal up those wounds again, who doth not see? Some things are fitter for your thoughts, then your ears; therefore this I shall onely say in general, that the opportunities which you have had, and yet in part have, to put your Interest, and that of your best Friends, in some measure in safety, may soon be lost, (if they be not already upon the Wing) and then it may never be in your power to recover them again.

Therefore His Highness maketh no question, but that you will take these things into your speedy and serious consideration, and that you will think timely of the means of Defence and Offence in order thereunto.

The late Parliament having engaged in this War, very honourably made some considerable provisions to carry on the same, I say considerable with respect to our little World, out of which they were to be raised; though not propor_tionable to that great World, and those vast Territories and Dominions where_of our Enemy is possessed; and where_upon they vaunt themselves, that the Sun doth never set. But our comfort also on the other side is, that he that is our Sun doth never set, and he that is our shield will never fail us.

You will receive a particular Ac_compt, from those under whose Sur_vey and care those things are, of the state of the publique Revenue, and of the Forces both by Sea and Land, your inward and outward Walls under God; and as good as any in the world. But as all things which are good are also costly, so can it not be expected but that the charge of them should be great.

His Highness hath assured you, that the Army (I speak of the forces both by Sea and Land in the three Nations) is a good and faithful Army, and will be ready to engage in every good thing and action, whereof no man either ought, or need to make question. His Highness hath further told you, that they are a patient Army, and when you see the Accompt of their Arrears, that will be out of question; and without all question, God hath used them as singular instruments of his honor, and of the ho_nor of these Nations: And as England by Gods mercy is now enlightned in the knowledge of the truth, it would well near venture a starving, (though God be praised that is not its case) then it would starve such an Army, in such a Cause, wherein the honor of God and of the Nation shall be concerned. This I think I may adventure to say in gene_ral, that our preparations are not grea_ter, then our Neighbors, though our Concern is every way as much, or more then theirs; neither are our debts greater then theirs, though we have had more occasion of expence, or full as much e_very way: And if our in-come had an_swered the foot of Accompt, which the last Parliament went upon in their in_tended supplies, we had not increased much (if at all) the debt of the Com_monwealth, neither had we exceeded our bounds, or not so much (by Gods blessing on our designs) as we have inlarged its bounds and Territories; and that also, so advantagiously, as not onely the danger of Hostile invasion, and Trade-destroying Pyracie is set at a further distance from us, but also much Honor abroad, together with safety and advantage at home, is thereby accrued unto these Nations.

Before I conclude, I must again rei_terate that which runs so much in my minde, because it lies so much upon my heart; That upon the issue of your Counsels, and the Peace and consistency of these Nations at this time, doth very much, if not wholly depend, the life, and the breath of all the hopes of all the expe_ctations of the Churches of Christ, throughout the World. Since then there is so great a trust reposed in you, so great a Price put into your hands, lay your hands upon your hearts, and lift your hearts up to Heaven, where your help, where our hope lies. His Highness hath fully expressed His high esteem of Par_liaments, and His judgement of them, that they are the most adequate and com_mensurate Councils, to matters of so great and so high importance, and He doth as firmly resolve, that they shall in_joy all those great Freedoms and Privi_ledges which have been granted unto them, in order to those great ends; and His hope and prayer to Almighty God, is, that they may be made use of by you to those great and blessed ends, that all the Three Nations; yea, that all the people of God every where, may rise up all together and bless you, and that you may be blessed, and your names be a blessing to this and all succeeding Ge_nerations.

This is all that I have in charge from his Highness to say unto you, sa_ving what particularly relates to the Members of the House of Commons: That they should re_pair to their House to chuse their Speaker.

&horbar FINIS. |CPO |Y1668 THE WORLD'S MISTAKE IN Oliver Cromwell; OR, A short Political Discourse, SHEWING, That CROMWELL'S Mal-admini_stration, (during his Four Years, and Nine Moneths pretended Protectorship,) layed the Foundation of Our present Condition, in the Decay of Trade. &horbar &horbar LONDON, Printed in the Year MDCLXVIII. THE WORLD'S MISTAKE IN Oliver Cromwell, &c.

OF all the Sins, that the Children of Men are guilty of, there is none, that our corrupt Na_tures are more inclinable unto, than that of Idolatry, a Sin, that may be towards Men, so well as other Creatures, and things; For, as that which a Man unmeasurably relyes, and setts his Heart upon, is Called his GOD, even as that which he falls down before, and worshippeth: so, when one hath the Person of another in an excess of admiration, whether for Greatness or Richness, &c. which we are subject to adore, we are said to Idolize him; and therefore the wise Vene_tians, who, of all men, are most Jealous of their Liberty, Consi_dering that as the nature of Man is not prone to any thing more than the Adoration of Men, So nothing is more destructive to Freedom, hath, for preventing the Mischiefs of it, made it unlawfull, even so much as to mourn for their Duke at his death; Intimating thereby, that their Felicity and Safety depends not upon the uncertain Thred of any one Man's life; but upon the Vertue of their good Laws, and Orders, well executed, and that they can never want vertuous Persons to succeed: and how do such Principles in men, lead by little more than Moralitie, reprove those, who have a great measure of Gospel-light, for their senseless excess, in their adoring the remembrance of Crom_well. For as the Objects of Idolatry are mistaken Creatures, or things, proceeding some times from self-love, so well as other Causes, So the undeserved approbation, and applause, that Crom_well's memory seems to have with his Adherents, amounting to little less, than the Idolizing of him, appears to me, to be the product of an excessive Veneration of Greatness, and a self_ish Partiality towards him; for that the more honour is given to him, the more prayse they think will consequently redound to them, who were his Favourites; and they fortifie themselves herein, with the Credit they say he hath abroad, though there is little in that, because the opinion that Strangers have of him, may well be put upon the accompt of their ignorance, in the Affairs of England, which Travellers do finde, to be so great, even amongst Ministers of State, as is to be admired. And now as this Error in Idolizing Oliver hath two moral Evils in it, (besides the sin in it self:) The one, a reflection upon the present times, as if the former were better than these; And the other, the unjust defrauding the Long Parliament of that which is due to them, to give it Idolitrously to him, to whom it doth not be_long; I esteem it a Duty incumbent upon me, to discover the Mistake. I am not insensible, that I shall by this, draw the envye of those upon me, who, being Jealous of their Honour, will be angry for touching them in their Diana; but knowing my self clear, from the Vices of envying Vertue in any, how contrary soever he may be to me in Judgment, so well, as from being unwilling to allow every one their due Commendations, I will cast my self upon Providence, for the success of this Paper; And in reference to Cromwell's Government, and the present times, make some Observations relating to both, and, in order thereunto, shew,

First, That the original cause of the low condition that we are now (in relation to Trade) reduced unto, had its beginning in Olivers time, and the foundations of it, layed, either, by his ig_norant mistaking the Interest of this Kingdome, or wilfully do_ing it, for the advancement of his own particular Interest. Secondly, That his time, for the short continuance, had as much of oppression, and injustice, as any former times. Thirdly and lastly, That he never in his later dayes, valued either honour or honesty, when they stood in the way of his am_bition, and that there is nothing to be admired in him (though so much Idolized) but that the partiallity of the world, should make him so great a favorite of ignorance, and forgetfullness, as he seems to be.

When this late Tyrant, or Protector, (as some calls him) tur_ned out the Long Parliament, the Kingdome was arrived at the highest pitch of Trade, Wealth, and Honour, that it, in any Age, ever yet knew. The Trade appeared, by the great Sums offered then for the Customes and Excise, Nine hundred thousand pounds a year, being refused. The Riches of the Nation, shew_ed it self, in the high value, that Land, and all our Native Com_modities bore, which are the certain marks of opulencie. Our Honour, was made known to all the world, by a Conquering Na_vie, which had brought the proud Hollanders upon their Knees, to begg peace of us, upon our own Conditions, keeping all other Nations in awe. And besides these advantages, the publick stock, was Five hundred thousand pounds in ready Money, the va_lue of seven hundred thousand pounds in Stores, and the whole Army in Advance, some four, and none under two months; so that though there might be a debt of near Five hundred thousand pounds upon the Kingdom, he met with above twice the value in lieu of it.

The Nation being in this flourishing and formidable posture, Cromwell began his Usurpation, upon the greatest advantages ima_ginable, having it in his power to have made peace, and profita_ble Leagues, in what manner he had pleased withall our Neigh_bours, every one courting us then, and being ambitious of the friendship of England; But as if the Lord had infatuated, and deprived him of common sense and reason, he neglected all our golden opportunities, misproved the Victory God had given us over the United Netherlands, making peace (without ever striking stroak) so soon as ever things came into his hands, upon equal tearms with them. And immediately after, contrary to our Interest, made an unjust Warr with Spain, and an impollitick League with France, bringing the first thereby under, and making the latter too great for Christendome; and by that means, broke the ballance betwixt the two Crowns of Spain, and France, which his Predecessors the Long Parliament, had alwayes wisely preserved.

In this dishonest Warr with Spain, he pretended, and indea_voured, to impose a belief upon the world, that he had nothing in his eye, but the advancement of the Protestant Cause, and the honour of this Nation; but his pretences, were either fraudu_lent, or he was ignorant in Forreign affairs (as I am apt to think, that he was not guilty of too much knowledge in them) For he that had known any thing of the temper of the Popish Prelacie, and the French Court pollicies, could not but see, that the way to increase, or preserve the reformed Interest in France, was by rendring the Protestants of necessary use to their King, for that longer than they were so, they could not be free from persecuti_on, and that the way to render them so, was by keeping the bal_lance betwixt Spain and France even, as that, which would con_sequently make them usefull to their King: But by overthrow_ing the ballance in his Warr with Spain, and joyning with France, he freed the French King from his fears of Spain, inabled him to subdue all Factions at home, and thereby to bring himself into a condition of not standing in need of any of them, and from thence, hath proceeded the persecution that hath since been, and still is, in that Nation, against the reformed there; so that Oliver, instead of advancing the reformed Interest, hath by an error in his Polliticks, been the Author of destroying it.

The Honour and Advantage, he propounded to this Nation, in his pulling down of Spain, had as ill a foundation: For if true, as was said, that we were to have had Ostend, and Newport, so well as Dunkirk (when we could get them) they bore no proportion in any kind, to all the rest of the King of Spains European Domi_nions, which must necessarily have fallen to the French Kings share, because of their joyning, and nearness to him, and remoteness from us, and the increasing the greatness of so near a Neigh_bour, must have increased our future dangers: But this man, who through ignorance, is so strangely cryed up in the world, was not guilty of this error in State only, but committed as great a solecisme, in his designing the outing of the King of Denmark, and setting up the King of Sweden: For had the Sweeds, but got Copenhagen, (as in all probability had Oliver lived, they would have done) they had wanted nothing of consequence, but the Cities of Lubeck and Dantzigge, (which by their then potencie, they would easily have gained) of being Masters of the whole Baltick Sea, on both sides, from the Sound or mouth down to the bottome of it; by which, together with all Denmark, Norway, and the Danes, part of Holstein, which would consequently have been theirs (they then having as they still have the Land of Bre_men) there would have been nothing, but the small Counties of Ouldenburge, and East-Friezland, (which would easily have fal_len into their mouths) betwixt them, and the United Netherlands, whereby Sweeden, would on the one side to the North, and North-East, have been as great, as France on the other, to the South, and South-West; and they two, able to have divided the Western Empire betwixt them.

And whereas, it had in all Ages been the policies of the Nor_thern States and Potentates, to keep the Dominion of the Bal_tick Sea, divided amongst several pettie Princes and States, that no one might be sole Master of it; because otherwise, most of the necessary Commodities for shipping, coming from thence and Norway, any one Lord of the whole, might lay up the shipping of Europe, by the walls, in shutting only of his Ports, and denying the Commodities of his Country to other States. Cromwell con_trary to this wise Maxime, endeavoured to put the whole Baltick Sea into the Sweeds hands, and undoubtedly had (though I sup_pose ignorantly) done it, if his death had not given them that succeeded him, the Long Parliament, an opportunity of pru_dently preventing it: For if he had understood the importance of the Baltick Sea to this Nation, he could not have been so impo_litick, as to have projected so dangerous a design against his new Utopia, as giving the opening and shutting of it to any one Prince. I am not ignorant, that this error is excused, by pre_tending that we were to have had Elsinore and Cronenburge Castle, (the first, the Town, upon the narrow entrance of the Baltick, called the Sound, where all Ships Rides, and payes Toll to the King of Denmark; and the latter, the Fortress, that defends both Town and Ships,) by which we should have been Masters of the Sound, and consequently of the Baltick; but they that knows those Countries, and how great a Prince the Sweed would have been, had he obtained all the rest, besides these two Bables, must confess, we should have been at his devotion, in our holding of any thing in his Countries: And further, if the dangerous con_sequence of setting up so great a Prince, had not been in the case, it had been against the Interest of England to have had an obligation upon us to maintain places so remote, against the enmity of many States and Princes; and that for these reasons:

First, because the ordinary Tolls of the Sound, would not have defrayed half the charge, and to have taken more than the ordi_nary Tolls, we could not have done, without drawing a generall quarrel upon us, from most of the Princes, and States of the Northern parts of Europe.

Secondly, because the experience of all former times shew_eth us, that foreign acquisitions, have ever been Chargeable, and prejudicial to the people of England, as Sir Robert Cotton makes it clearly appear, That not only all those Pieces of France, which belonged to us by rightfull succession; but also those we held by Conquest, were alwayes great burthens to our Nation, and cause of much poverty and misery to the People. And it is not our Case alone, to be the worse for Conquests, (although more ours, than other Countries, because of the Charge and un_certainty of the Windes and Weather in the Transportation of Succours and relief by Sea, which contiguous Territories, which are upon the Maine, are not subject to,) but the Case also of (I think I may say) all other Kingdoms. In France, their bur_thens and oppressions have grown in all ages, with the greatness of their Kings; Nay, even after their last peace with Spain, by which they had given them peace with all the world, besides many places in the Spanish Netherlands, and Catalonia into boot: Up_on which the poor people promised themselves (though vainly) an unquestionable abatement of Taxes; instead of that, they found their pressures increased dayly, and their King, though overgrownly great and rich himself, yet the people so poor, that thousands are said to dye in a plentifull year, for want of bread to their water, nothing being free there, but fresh water and aire; For (except in some few priviledged places) wherever they have the conveniencie by their Situation of Sea-water, (least they should make use of the benefit of that, which God and Nature hath given them, for saving the charge of Salt,) every family is forced to take so much Salt of the King, at his own rate, (which is above ten times the price it is sold for to strangers, for transportation) as is judged they may spend in a year; the Lord deliver all other Countries from their example. In Sweden, that King, Court, and their Military Officers, are the better for their Conquests, in Germany, Denmark, Russia, and some places anti_ently belonging to Poland; but the Commons the worse: Spain is undone, by the great number of people sent thence to the West_Indies, which hath depopulated the Country, France reaping more benefit by keeping their people at home to Manufactures, than Spain doth by sending theirs abroad for Silver and Gold; and now, though by these instances it may appear to be the Inte_rest of the people of other Nations, so well as ours, to live in peace, without coveting additions; yet it is more our true Inte_rest, (because, by reason of our Situation, we have no need of Forreign Frontier Towns, our Ships well ordered, being better than other Princes bordering Garrisons) than any other King_doms to neglect especially Europian acquisition, and colonies, and apply our selves:

First, To the improving of our own Land, of which we have more than we have people to manage.

Secondly, To the Increasing our Home and Forreign Trades, for which we have natural advantages above any other Nation.

Thirdly and Lastly, (by our strength which Trade will in_crease) To make use of it, together with the helps that God and Nature hath given us in our Situation, and otherwise, in keeping the Ballance amongst our Neighbours; For if the Province of Holland, which is but Four hundred thousand Acres of profitable ground, is by the benefit of Trade able to do so much, as we ex_perienced the last Warr, what might we do, if Trade were im_proved, who have much more advantages for it, than they have: I ascribe what was done by the Netherlands in the late Warr to the Province of Holland; because, that though the Provinces are seven in number, Hollands due proportion of all charges, is 58 1/3 in a hundred, to all the others 41 2/3 of which 41 2/3, Holland gets little more than 20. honestly paid them, insomuch, that it alone may be reckoned to bear four fifths in a hundred, to one fifth that all the other six bears; and how prodigious a thing is it, that Holland, no bigger than as before mentioned, should be able to Coap with England, Scotland, and Ireland; and that though their Charges in the late Warr was abundantly greater than ours, yet by their good management, to be so little the worse for it, that at the conclusion of the Warr, to have their Credits so high, that they could have commanded what Money they had pleased at Three in the Hundred, and all this by the meer additional benefit of Trade and good Order; and how by Cromwells indiscreet neg_lecting of Trade, and choosing Warr when he was in Peace, did he miss the true Interest of England, as by his ill founded de_signs, he did the Interest of the Reformed Religion; For if he had succeeded in his unjust Invasion of the Spanish Territories in the West-Indies, (as God seldome prospereth dishonest undertakings) it being intended for a State acquisition, the benefit would not have been desusive, but chiefly to himself and Favo_rites, and prejudicial to the people in generall, though at the ex_pence of their substance, the acquests would have been made: For had he met with so much success in the gaining those Coun_tries, and in them, that plenty of Gold and Silver as he vain_ly hoped for, we should have been as unhappy in them (in the depopulating of our Countries, by the loss of the multitude of people that must have been sent thither, and in impoverishing our Nations by the vast charge of a continual Warr) as Spain is, and to no other end, than the making of him only Rich, able to In_slave the remaining people, and to make himself absolute over them; for the preventing of which, in such Tyrants as Cromwell, surely Moses had an eye, when he said that they should not greatly multiply Silver and Gold. And thus, as Cromwells designs must, to an impartial Judgement, appear to have been laid, some disho_nestly, others impolitickly, and all contrary to the Interest of the Kingdome, so the Issue of them was dammageable to the people of England: As,

First, in his sudden making a Peace with Holland, so soon as he got the Government, without those advantages for Trade, as they who beat them did intend to have had, as their due, and just satisfaction for their Charges in the War. Secondly, in his War with Spain, by the losse of that benefi_cial Trade to our Nation, and giving it to the Hollanders, by whose hand we drave (during the War) the greatest part of that Trade which we had of it, with 25. in the hundreth profit to them, and as much losse to us. Thirdly, by our losse in that War with Spain, of 1500 English ships, according as was reported to that Assembly, called Richards Parliament. Fourthly, in the disgracefullest defeat at Hispaniola that ever this Kingdom suffered in any age or time. Fifthly, and lastly, in spending the great Publick stock he found, and yet leaving a vast Debt upon the Kingdom, as appeared by the Accompts brought into Richards Assembly; which had, (I believe) been yet much higher, but that they who un_der him managed the Affairs, were a sort of People who had been long disciplin'd, (before his time) to a Principle of Fru_gality, and against Cheating; though at cousening the poorer People, for their Masters benefit, some of them were grown as dexterous, as if they had been bred in the Court of Spain; For besides imposing Richard upon the People, after his Fathers death, by a forged Title, according to the very Law they took to be in being, when by his Assembly, they were ordered to bring in an Accompt of the Receipts, and payments of the Kingdom; they made about Sixty thousand pounds spent in Intelligence, whereas it cost not above Three or Four thousand at most; and calculating the rest by these, it may well be concluded, that they were expert in their Trades.

It is confessed, that Olivers Peace and League with France, was upon honourable Articles; but as the tottering Affaires of France then stood, much more could not have been sooner asked, than had; For Mazerine, being a Man of a large and subtle wit, apprehending the Greatness of England at that time, which was then dreadfull to the World, and the Vast advantages France would have in pulling down, by their help, of Spain, granted him, not onely any thing for the present that he demanded, but disregarded also, even his Parties making their boasts of the awe he had him under, Considering, that when Cromwell had helped him, to do his Work, in bringing under the House of Austria, and therein casting the ballance of Christendom on his side, he should afterwards have leisure to recover what then he seemed to part with; And though nothing is more ordinary, than to hear Men bragg, how Oliver Vapoured over France, I do esteem Mazerine's complying with him, for his own ends, to be the Chief piece of all his Ministry; For by that means only, and no other, is his Master become so great at this day, that no Factions at home can disturb his Peace, nor Powers abroad frighten him, Which is more than any King of France, since Charles the Great, could say; And when his Neighbour Nations have (too late I fear) experienced his Greatness, they will finde cause to Curse the ignorance of Oliver's Politicks; and there_fore, when a true measure is taken of Cromwell, the approbation that he hath in the World, will not be found to have its Founda_tion in sence or reason, but proceeding from Ignorance, and Atheisme: From Ignorance, in those that takes all that was done by him, as a Servant, and whilest under the direction of better Heads, than his own, to be done by him alone; And from Athe_isme, in those that thinks every thing lawfull that a man doeth, if it succeed to his advancement; But they that shall take an im_partial View of his Actions whilest he was a Single Person, and at liberty to make use of his own Parts without controll, will finde nothing worthy Commendations, but cause enough from thence to observe, that the wisedom of his Masters, and not his own, must have been that by which he first moved; and to attribute his former performances, whilest a Servant, (as is truly due) to the Judgement and Subtilty of the Long Parliament, under whose Conduct and Command he was. And now from Cromwells neglecting to live in peace, as if he had pleased he might have done with all the World, to the great enriching of this Nati_on; The improvement of our Victory over Holland in his peace with them, His being the Cause of the losse of our Spanish Trade, during all his time, Of the losse of 1500 English ships in that War, besides, by it, breaking the Ballance of Europe, Of the expence of the Publick Stock and Stores he found, with the contracting a Debt of Nineteen hundred thousand pounds, according to his own accompt, (which, for ought I know he left behinde him, but am apt to think the Debt was not altogether so great, though made so to his Sonne Richard's Assembly, as a means to get the more Money from the poorer people:) And lastly, of the dishonourable overthrow we met with at Hispaniola, It may well be Concluded that he lay the Foundation of our present want of Trade, to what we formerly enjoyed; and that the reason why his miscarriages were not sooner under observation, is, because our Stock of Wealth and Honour at his Coming to the Government, being then unspeakably great, stifled their ap_pearance, untill having since had some unhappy additional Losses, they are now become discernable as first Losses to a Mer_chant, who Concealedly bears up under them, are afterwards discovered by the addition of second Losses, that sincks him: When I contemplate these great Failings, I cannot but appre_hend the sadd Condition any people are in, whose Governour drive on a distinct contrary Interest to theirs; for doubtless Crom_well's over-weening Care to secure his particular Interest, against His Majesty, (then abroad) and the Long Parliament, whom he had turned out, with a prodigious Ambition of acquiring a glorious Name in the World, carried him on to all his Mistakes and Absurdities, to the irrepairable losse and dammage of this famous Kingdom.

To prove the second Assertion, That Oliver's Time was full of Oppression and Injustice, I shall but instance in a few of many Particulars, and begin with John Lilburne, not that I think him in any kinde one that deserved favour or respect, but that equal Justice is due to the worst so well as best men, and that he comes first in order of time.

1. John in 1649. was by Order of the then Parliament tryed for his Life, with an intent (I believe) of taking him away, but the Jury not finding him Guilty, he was immediately, according to Law, generously set at liberty by those, that had quarrell e_nough against him. This Example in the Parliament of keeping to the Laws in the Case of one, who was a professed implacable Enemy to them, ought to have been Copied by Cromwell; but in the contrary, to shew that there was a difference betwixt his and his Predecessors (the Long Parliaments) Principles, when the Law had again upon a second Tryal (occasioned by Oliver) Cleared Lilburne, the Parliaments submitting to the Law was no Example to him; For, contrary to Law, he kept him in Prison, untill he was so far spent in a Consumption, that he onely turned him out to dye. 2ly. Mr. Conyes Case is so notorious, that it needs little more than naming: He was a Prisoner at Cromwells Suit, and being brought to the Kings Bench Barr by a Habeas Corpus, had his Counsell taken from the Barr, and sent to the Tower for no other reason, than the pleading of their Clients Cause; an Act of Violence, that I believe the whole Story of England doth not parallel. 3ly. Sir Henry Vaine, above any one Person, was the Author of Olivers Advancement, and did so long, and cordially Espouse his Interest, that he prejudiced himself (in the opinion of some) by it, yet so ungratefull was this Monster of Ingratitude, that he studied to destroy him, both in Life and Estate, because he could not adhere to him in his Perjury and Falseness. The occa_sion he took was this, He appointing a Publick Day of Humilia_tion, and seeking of God for him, invited all Gods People in his Declaration, to offer him their advise in the weighty affairs then upon his shoulders: Sir Henry taking a rise from hence offered his Advise by a Treatise, called The Healing Question; But Cromwell, angry at being taken at his word, Seized, Imprisoned, and in_deavoured to proceed further against him, for doing only, what he had invited him to do; and some may think, that Sir Henry suffered justly, for having known him so long, and yet would trust to any thing he said. 4ly. In Richards Assembly, certain Prisoners in the Tower, under the then Lieutenant, and some sent thence to Jersey, and other places beyond the Sea, complained of false Imprisonment. Their Goaler was sent for, and being required to shew by what Authority he kept those persons in hold, produceth a Paper all under Olivers own Hand, as followeth. Sir, I pray you seise such and such Persons, and all others, whom you shall judge dangerous men, do it quickly, and you shall have a Warrant after you have done. The nature of this Warrant was by Richards Assembly debated, and having first Richards own Counsells opinion in the Case, as Serjeant Maynard, &c. they Voted the Commitment of the Complainants to be Illegall, Unjust, and Tyrannical; and that first, because the Warrant by which they were Committed, was under the hand of the then (as they called him) Chief Ma_gistrate, who by Law ought not to commit any by his own War_rant. Secondly, because no Cause was shewn in the Warrant; And Thirdly, (in the Case of those sent out of the reach of a Habeas Corpus, which in Law is a Banishment) because no English-man ought to be Banished by any less Authority than an Act of Parliament. And therefore, for these reasons, they Vo_ted farther, that the Prisoners should be set at Liberty without paying any Fees, or Charges, but the turning out, and punishing the Lieutenant by the Assembly (for obeying so unjust a War_rant) was prevented by their sodain dissolution. 5ly. The Tyrany in the decemating a party restored to com_mon Priviledges with all others, and the publick Faith given for it, by a Law made to that end, by the then powers in being, is sufficiently shewed in the mentioning of it, only there is this aggravating Circumstance in it, That Cromwell, who was the principal Person in procuring that Law, when he thought it for his advantage not to keep it, was the only Man for breaking it: But to the honour of his first Assemblie, next following, it may be remembred, that they no sooner came together, than like true English-men, who are alwayes jealous of the Rights and Priviledges of the people, damned the Act of Decemation as an unjust and wicked breach of Faith.

The third Assertion of Cromwell's knowing no honesty, where he thought his particular Interest was concerned, is made good; First (though therein he mistook his Interest) in his odious and unjust Warr with Spain, without the least provocations, meerly out of an ambitious and covetous design of robbing that Prince of his Silver and Gold Mines, and because he judged it for his Credit to disguise his unlawfull desires, he proceeded in it, by imploying his Creatures in the City, to draw the Marchants to complain of Injuries done them by Spain, and to Petition for Re_parations; but by a cross Providence, his Project had a contrary Success; for instead of answering his seekings, the Marchants remonstrated to him, the great prejudice that a Warr with Spain would be to England, and shewed, that that King had been so farr from Injuring us, that he had done more for Compliance and preventing a Breach with England, than ever he had done in favour of any other Nation; But when Oliver saw his Method would not take, he called the Remonstrators Malignants, and begun the Warr of his own accord, in which, he was highly in_gratefull in designing the ruine of that Prince, who all along had been most faithfull to his Party.

Secondly, His Falseness and Ingratitude, appeared superlative_ly in turning out his Masters, who had not only advanced him, but made themselves the more odious by their partial affection towards him, and in his doing it, with the breach of a positive negative Oath, taken once a year, when made a Counsellor of State, besides the breach of all other Ingagements, Voluntary Imprecations Protestations, and Oaths, taken frequently upon all occasions in Discourse and Declarations; and yet further (when he had turned them out) and left them void of Protection, and exposed them to the Furie of the people, in pursuing them with false reproachful Declarations, enough to have stired up the rude multitude to have destroyed them, wherever they had met them.

Thirdly, His want of Honour, so well as Honesty, appeareth, yet further, in that having by a long series, of a seeming pious deportment, gained by his dissimulation, good thoughts in his Masters, the Long Parliament, and by his Spiritual gifts, winded himself into so good an opinion with his Souldiers, (men generally of plain breeding, that knew little besides their Military Trade, and Religious Exercises) that he could impose, in matters of business, what belief he pleased upon them; he made use of the credit he had with each, to abuse both, by many vile practices, for making himself popular, and the Parliament and Army odious to one another; and because the Artifices he used are too many to innumerate, I shall but instance in some few; As his slie complaining Insinuations against the Army to the Parliament, and against them to the Army: His being the chief Cause of the Parliaments giving rewards to his Creatures, and then, whisper_ing Complaints amongst his Officers, of their ill Husbandry: His obstructing the House in their business, by long drawling Speeches, and other wayes, and then complaining of them to his Souldiers, that he could not get them to do any thing that was good: His giving fair words to every one, without keeping promise with any, except for his own advantage, and then excusing all with forgetfullness: And his deserting his Major Generalls, in their decimations, crying out most against them himself, when he only had set them at work, because questioned by his Assembly, is not to be forgotten, &c. I would not be understood, to re_member any thing here, in Favour of the Long Parliament, for what might be Wicked in him, might be Just as to them; And though, if what he did, had been for the Restauration of his Ma_jesty, he might have been excused, yet being for his own Single Advancement, it is unpardonable, and leaves him a Person to be truly admired for nothing but Apostasie & Ambition, and exceed_ing Tyberius in dissimulation. I am not ignorant, that some thinks it matter of praise in him, that he kept us in peace, four years, and nine months; but that hath little in it, his Majesty having done the like, almost double his time, since his Return, with one fifth part of that number of Souldiers which he Commanded; though he, hath also had the trouble of pressing, and sometimes forcing Uniformity in Religion which he found under several Forms; whereas Oliver, kept the Nation purposely divided in opinions, and himself of no declared Judgement, as the securest way of ingageing all severall perswasions equally to him; which Artifice, together, with his leaving the Church Lands alienated as he found them, were all the true Principles of Policie that I know of, which he kept unto. The Honesty of these Principles, I referr to the judgement of every mans Conscience; but if we may judge of things by experience and success, they seem to have been very happy in the world; For in comparing the Condition of the Protestant Countries at present, to what they were in times of Popery, we shall find them abundantly more considera_ble now, than formerly; for in taking a true Survey of the Re_formed Dominions, we shall discover them to bear no proportion at all in largeness, to the Popish, and that there is nothing, that keeps the Ballance betwixt the two parties, but the advantage that the first hath, in being free from the Bondage of the Church of Rome, and the latters being under it; For as the Church of Romes mercies, are (by their Principles) Cruelties, so had they power answerable to the naturall richness of the Soyl of their Countries, and extent of their Territories, they would long ere this have swallowed up the Protestant Churches, and made Bonefires of their Members; but as God, in his Mercy and Wisdome, hath by his Over Ruling Hand of Providence, preserved his Church; so for the Romish Churches inabilitie to effect that which they have will, and malice enough to carry them on to do, there are these natural reasons.

First, There being generally of the Popish Countries, above one Moyetie belonging to Churchmen, Monks, Fryars, and Nunns, who like Droans, spends the Fat of the Land, without contributing any thing to the good of mankind, renders them much the less considerable. Secondly, Marriage being forbidden to all these Sorts, and Orders, occasions great want of people every where, (they being uncapable of any Children but those of darkness) except in France, which is an extraordinary Case, proceeding partly, by not being so subject to Rome, as other Countries of that belief are; but especially from the Multitude of Protestants, that are among them. Thirdly, The blind Devotion of these People, carrying them on to vast expences, in the building, and richly adorning of ma_ny needless and superfluous Churches, Chapells, and Crosses, &c. with the making chargeable Presents by the better, and Pilgrimages by the meaner sort, to their Idolls, keeps all degrees under. Fourthly, The many Holydayes, upon which, the labouring man is forbidden to work, adds much to their poverty. But Fifthly and Lastly, The vast number of begging Fryars, who living Idly, and purely upon the sweat of other mens brows, without taking any labour themselves, makes it impossible, for the lower sort of people, who thinks they are bound in Conscience to relieve them, ever to get above a mean Conditi_on; Now whosoever shall seriously weigh and ponder these Cir_cumstances, under which the Popish Countries lyes, and con_sider the Reformeds advantage in being free from them, must confess it the less wonder, that the Evangelical Princes, and States, with their small Dominions, compared to the others great, are able to bear up against them; and now as the alienati_on of Church-lands, the turning out the Romish Vermin, the Priests, Monks, Fryars, and Nunns, (who devour all Countries where ever they come) and freedom from the Popish Impositi_on upon Conscience, hath mightily increased the greatness of the Protestant Princes, and States, to what they antiently were, and the not doing the same in the Popish Countries, keeps those Princes under; so, even amongst the Reformed, where the Church Lands are most alienated, and Liberty of Conscience most given, they prosper most, as in Holland, and some parts in Germany, with other places. And on the contrary Denmark, where Church Lands are least alienated of any of the Reformed Countries and the City of Lubeck, where, of all the free Imperial Cities of Germany Liberty of Conscience is least given, they thrive least in both places. And I think it will also hold, that as this famous Kingdome, in the times of Popery, was in no measure so formidable as now it is; so before the Restauration of our Hierarchie to their Lands, their hoording up the money which before went in Trade, and their discouraging and driving into corners the in_dustrious sort of people, by imposing upon their Consciences, it flourished more, was richer, and fuller of Trade, than now it is; And I dare undertake to be a Prophet in this, That if ever any Protestant Countrey, should be so farr forsaken of the Lord as to be suffered to turn unto Popery, these Observations will be made good in their visible losse of the Splendor, Riches, Power, and Greatness, that they now know.

Had Cromwell been a Person of an open prophane Life, his Actions had been less scandalous; but having been a Professor of Religion, they are not to be pleaded for, neither can it be con_sistent with Religion to palliate them which have been of so much offence, and (as may be feared) made so many Atheists in the World; And I cannot but stand amazed, when I hear him extolled by some, not ignorant of his Practises, knowing in Religion, and (as I hope) fearing God.

Now I will suppose, I may be suspected to have been injured, or disobliged by Oliver; but I can with Truth affirm, I never received either Good or Evil from him in all my Life, more than in Common with the whole Kingdom (which I think may be al_lowed to render me the more a Competent Judge in his Case;) and that I am so farr from being moved unto this, out of any quarrel to him, that, as I have here mentioned, some few of many In_justices, and State-errors, that he was guilty of in his short time, If I were conscious of any thing more, during his Pro_tectorship, worthy applause, than I have here mentioned, I should not envy it him, but freely remember it; and if any think I have not said enough on his behalf, and too much to his disadvantage, I have this for my Buckler, that I wish I could have said more for him, and had known less against him; professing, that besides what I have here hinted, I am wholly ignorant of any one Action in all his Four Years and Nine Moneths time, done either wisely, Vertuously, or for the Interest of this Kingdom, and therefore that I am none of his Admirers, I ought to be pardoned by my Readers.

Much more might be said upon this Subject, but this may suf_fice to shew, that if Mazerine (at the hearing of Olivers death) thought he had then reason for calling him a Fortunate Fool, if he were now living, he would finde more Cause for it, Cromwell's Lott, as to Reputation, having been exceedingly much greater since his death, than whilst he was in the World: And that from forgetfulness of his impolitick Government, (from whose Entrance we may date the commencement of our Trades decay;) And (through want of memory) in mens giving to him the Cause of our former Wealth and Prosperity, which truly belong_eth to others. But what opinion soever Mazerine may have had of Oliver, he was without all peradventure a Person of more than ordinary Wit, and no otherwise a Fool than as he wanted Honesty, no Man being wise but an Honest Man.

&horbar FINIS. &horbar |CPO |Y1672 A LETTER TO Sir Thomas Osborn, One of His Majesties PRIVY COUNCIL, Upon the reading of a BOOK, called, The present Interest of EnglandStated. &horbar &horbar LONDON: Printed for Henry Brome, at the Gun in S. Pauls Church-yard, near the West-end, 1672. A LETTER TO Sir Thomas Osborn, One of His Majesties Privy Council, Upon the Reading of a Book, called, The present Interest of England stated.

I Have read over the Book you sent me, entituled, The present Interest of England stated, and shall deliver you impartially my opinion of the Au_thor's judgment. I had done it sooner, could I have believed the giving you so much trouble would admit of an excuse. But if at any time my sending you these Papers can be pardonable, it is now, when we are engaged in a War against the Dutch, since the Argu_ment upon which they are written, is the sub_ject of common discourse. In the first place, I shall take notice, that this Author treats of our Domestic Affairs, not only more rational_ly, but more like a man concerned for the good of England, than he does of our Interests abroad: For then, instead of examining calmly, how far the friendship of other Countries would at this present be useful to us, he falls into pas_sionate expressions of kindness for the Hol_landers; as if our principal design in seeking Foreign Alliances, ought not to be the en_crease of our wealth and power, but the find_ing out humors in another Nation that please us, and the being civil to those with whom we have been longest acquainted. This is a mi_stake so general amongst us, that I dare not find much fault with it, for fear of being cen_sur'd my self; having observed in most of our discourses upon things of this nature, that though we ought to be in earnest only for our selves, yet out of our extraordinary zeal for some other Country, the debate between us commonly ends in our being ready to go to cuffs one with another.

I fully agree with him, that it is the interest of the King of England, to make himself head of the Protestants, and that he should do it, not by being violent for any one Sect, but by taking generally into his Protection all Chri_stians whatsoever, that will not submit to the Government of the Church of Rome. I also ap_prove of his stating the true interest of England to be Trade, of his observation of some of our customs which are useful to it, of his Pro_posals of new Laws to be made for the ad_vance of it, and of the necessity of having some enlargement given to people in matters of Religion; for whoever considers the ad_vantage England has by its situation, above the rest of the whole world, as to matters of Trade, cannot choose but conclude, that all Traders would desire to live here, if our Laws did not make it uneasie to them.

In a word, I differ from him in none of his Maxims relating to our interest at home, and therefore he ought to take it the less ill of me, if I cannot agree with him in all his no_tions concerning our Alliances abroad. Thus far I am of his opinion, that we ought to keep a good correspondence with Spain, that we should hinder the ruin of Flanders, and that we are to use our utmost endeavours to pre_serve the command of the Baltick Sea from fal_ling absolutely into the hands, either of the King of Denmark, or the King of Swedeland. I do also believe, the interest of the Hollanders and ours, as to that point, is the same; but why therefore we should be so far transported, as not to care what prejudice they do us in other matters, is a piece of Policy I do not very well understand, neither do I see the con_sequence why even as to that end, the Dutch must needs be so powerful at Sea, as they are now; for if they were less considerable in ship_ping, it would not be less their interest to keep the Dominion of those Seas divided, nor less in their power to effect it, by joyning their Forces with ours. In the beginning of his Book, he rightly states the Interest of England to be Trade; but when he comes to his Poli_ticks, he recommends to us in the first place, and as the main point of which we ought to be most careful, that we should be friends with the Dutch, and study their Interest, because they are Traders: never considering that the same reason which should make us endeavour the growth of Trade in our own Countrey, must of necessity oblige us to do all we can to obstruct it in another; and that the strength of his Argument in plain English, is no more than this, That because we love Trade, there_fore we ought to love those that take it from us. Had the Author been a Lover, instead of a Politician, he would have known, that Ri_vals are the things in this world, which men commonly do, and ought most to hate. He goes on and tells us, that it would be of dan_gerous consequence to England, if the French King should gain any Towns in Holland, because then he would ruine their trade: How right soever he may be in this notion, he is mi_staken at least in his reason, for it were certain_ly better for us, if no people in the world traded by Sea, but our selves.

He says, that if the Hollanders and we were joyned, we might both together be very consi_derable. That cannot be denyed; but what Reason have we to believe, they ever will joyn with us to our Advantage? except it be that they never have done so yet, and that it has been their constant Practice to massacre and make Slaves of our Countrey_men in the East-Indies, at the same time they amuse us with fair Promises at home. A Hu_manity to which they owe more the Great_ness of their Possessions in those Parts, than to any other Virtue, for which the Author of this Book can justly commend them.

He says, that their being industrious and parsimonious is not a good Reason why we should dislike them; as if we ought to ob_serve the same Rules between us and other Nations, which we are bound to keep amongst our selves. The true Aim of every English Man should be the Good and Prosperity of England; for that Reason Industry and Par_simony are to be wished for in the Inhabi_tants of England, because they are Qualities advantageous for us, and useful to our Trade: but for the same Reason, they ought not by us to be wished for in the Inhabitants of Holland, because those Qualities in them are prejudicial to England, and destructive to our Trade. In short, we may love particular men for what Reasons we please, but the measure of our Love to other Nations ought to be only their being useful to ours. I do not from hence infer that because of their Parsimony we ought to do them Injustice, but on the other side, I see no Reason why we should receive any from them, because they are a niggardly People.

He enters then into a great Admiration of their Morals and Justice, the contrary of which he would certainly have been convin_ced of, if he had lain but one Night in any Inn of their Countrey. It is true, that al_most the whole Nation being Merchants or Tradesmen, every ones Endeavour to under_sell his Neighbour, is the Cause why in the Shops things are sold at a pretty cheap Rate; but for this we are to thank their Necessities, and not their Morals, nor their Ju_stice.

The Author in one place touches a little upon the Necessity of inviting all Princes whatsoever into the Triple League. A Ma_xim much in vogue with some, who look_ing very grave, do therefore take it very ill, if for that Reason, you will not allow them to be infallible. To make appear the Profoundness of which Notion, it is neces_sary that I explain a little what the Triple League is:

The Triple League was made between the King of England, the King of Swedeland, and the States of Holland, when the French King had entred Flanders with a very powerful Ar_my. The Design of this League was to in_duce the French to make a Peace with the Spaniard, upon such terms as should be pro_posed to them by the Confederates of the Triple League; and that they might the easier bring this to pass, they were forced to offer such Conditions as were not altogether for the King of Spain's Advantage, though such as preserved the greatest part of Flan_ders in his Possession.

At the same time the Confederates made Articles amongst themselves to help one an_other, in case any of them should be inva_ded, for having made the Triple League, either by the French King, the King of Spain, or by any of their Allies.

Upon this followed the Treaty at Aix la Chapelle, where the French and the Spaniards ac_cepted of the Articles delivered to them by the Confederates of the Triple League, and the Confederates became their Guaranties or Sureties for the Performance of those Arti_cles on both sides. This being the State of the matter, it is very true, we may admit other Princes into the Guaranty of the Peace, but to say, we should invite them into the Triple League, which enforced the Peace, is as much as to say, we should desire their Conjunction in order to the making of a Peace, which had been already concluded several years before; and that, if you mark it, is such a kind of Figure in Discourse as com_monly is called a Bull.

Besides, we were then forced to agree to several Articles both with the Swedes and the Dutch, which it would not be for our advan_tage now to make with the Emperor or the Princes in Germany: it being no Consequence, that because the Swedes, the Dutch, and we did mutually engage to assist one another, up_on our own Charge, at a time when we were afraid the French might invade us; that therefore now when we are in no such danger, we should promise to help any other State or Prince, except they will pay us very well for it. They might consider too, if they please, that we are a little nearer Flanders than Hungary; and that it is not al_together so difficult for us, to transport our men to the other side of the Water, as it would be to make them march into the far_thest Parts of Germany, as often as it should happen to be invaded by the Great Turk; and that the Emperor should claim our Assi_stance, because the Great Turk is one of the King of France his Allies. Observe I beseech you, the prettiness of this Politick Grada_tion, and the Consequence of it, if it were put in Practice: Because we have thought it fit to defend our Neighbours in Flanders, we must therefore presently march into the Em_pire, to defend there some who are not our Neighbours, nor indeed within the Reach of our Protection. Now I would very fain know by this Rule of theirs, when our poor Countrey-men should hope to be at Rest? For the same charitable Reason would lead us on as well to the farthest Parts of Eu_rope, nay of the whole World, if these Poli_ticians could but catch us once in a good humour. I must confess, if it be our Ambi_tion to gain the Name of Peace-makers Gene_ral, without any Consideration, either of our own Interest or Profit in the case, then this were the readiest way to compass that End: but if we will look back into the Examples of former Ages, we shall find, though many Nations have gone a great way for Conquest into Foreign Parts, yet that never any before went so far out of the way to defend their own Countrey.

There is another Conception of this kind insisted upon by some, as a matter of very great weight, which is, that now we must not fall out with the Dutch upon any Pro_vocation, because that would be a Breach of the Triple League. This (under favour) is an Absurdity yet greater than the former, there being no one thing you can allege as a Consequence to any other thing whatsoever, that will not make every whit as sensible a Conclusion as this. For Example, to say, that you ought not to go to Bed to night, because the King of Spain did not go yester_day a hunting; or that I must not dine to morrow, because Monsieur de Wit loves dancing, is not a more incoherent Discourse, than that because we have promised with the Dutch to save Flanders from the French, there_fore what Injuries soever the Dutch shall of_fer us, we cannot defend our selves against them. The Argument, if you mark it, is just thus, that because I agree with William to save Thomas, therefore I am bound to let William cut my Throat. If those good men that start these Notions, would instead of instructing others, but take the Pains some_times to think themselves, they would find that Self-Preservation ought to be look'd after a little in these kind of Affairs; And that if the Consequence of the Loss of Flanders did not somewhat concern us, we should be no more in pain about it, than we were for the Conquest of Granada.

I shall now take upon me to state the Interest of England, and begin as this Au_thor does, though I differ with him in the Conclusion.

The undoubted Interest of England is Trade, since it is that only which can make us ei_ther Rich or Safe; for without a powerful Navy, we should be a Prey to our Neigh_bours, and without Trade, we could neither have Sea-men nor Ships. From hence it does follow, that we ought not to suffer any other Nations to be our Equals at Sea, because when they are once our Equals, it is but an even Lay, whether they or we shall be the Superiours. And it would not be a stranger thing that the Dutch should come to be so from what they are now, than it is, that they are arrived to what they are now, from what they were in Queen Elizabeths time. I shall add to this one Observation, which in my Opinion is ve_ry clear:

That England has never been so considerable since her time, as it was then, and yet it is much more so in it self, the Kingdom of Scot_land being now joyned to the Crown of Eng_land, which it was not before. &horfill; If you en_quire into the reason of this, you will find it to be, because we are not now so absolutely the Masters at Sea, as we were in those times: for though we have at present more, and bet_ter ships, and a far greater trade than we had then, yet we have of neither so much a larger proportion, in respect to other Nations, as we had at that time. &horfill; The Dutch who were then but a company of Fishermen, being now both in shipping and trade very near our equals, and if you will take their words for it, our Superiours. And without doubt it is a vain thing for us to pretend to be a ballance between any considerable powers at Land, so long as we are thus equally ballanced at Sea by the Dutch. This it self methinks, should be sufficient to make us not very well pleased with the change of our condition; but our case has yet in it a further consideration, that we are by this means in a perpetual danger of being con_quered. For though the Dutch alone cannot do it, yet by joyning with France they may, and it is that which a considerable party a_mongst them has been labouring for these many years. To this it is objected, that it can never be the interest of Holland to joyn with France in the conquest of England; but for ought we know they may mistake their interest, and certainly it is not wis_dom in any Nation, to have its safety depend upon the prudence of an_other: Besides, it does not appear to me, that it is not the interest of Holland to have England conquered by them and the French: For first, they may make such a division of England, as to keep to themselves the most considerable parts in it for trade, and being Masters of the French at Sea, they will be sure to make their party good with them in an Island. In the next place, those parts of England which should fall to be under the French, would be inconsi_derable as to matter of Trade; that, and their Arbitrary way of Government, being incompatible one with another. And the reason is plain, for there are few that will put out their money upon this double adventure, of losing it at Sea, or having it taken from them when it comes home again. Besides, the nature of the English is so averse to the Government of France, and our Religion so different from theirs, that if England should happen thus to be con_quered, they would be likelier to close with the Dutch, than become subject to the French. All the Trading men would live under the Dutch, and by consequence they would have all the rich Towns, and it is no difficult mat_ter to determine what influence those Towns would have over the rest of the whole nation. For the very same reasons, if ever Holland should be in danger of a conquest, by the con_junction of the French and us, the Dutch would rather choose to become part of our Government, then submit themselves to the power of France. Against this I have heard some say, that because we endeavour to ob_struct their Trade, the Dutch will never joyn with us: But those Gentlemen do not consider, that upon our conjunction all such endeavours would cease; for it would then be as much our interest, to promote their trade, as the trade of any other part of England. Another Argument which I have met with upon the same subject is, That the fear of us would force the Dutch to accept of conditions from the French: But upon a true examination of the matter, there will be found in the practice of it this difficulty, that the French will not trust to what the Dutch shall promise, with_out having such a power given them in their Country, as may force them to keep their words; and the Dutch will hardly trust the French with that power, lest it should be made use of to their prejudice, whether they keep their words or no. In short, the usual course that all men take, when they are no longer able to defend their own Government, is to choose what is next best for them. So that the natural question, if that should happen, must necessarily be, Whether, con_sidering our Laws, and the Situation of our Country, the proffer of a Coalition with England, would not prove more acceptable, and more advantageous to a trading people, than any Terms they can expect from the French. The Sea Towns at least would fall to be our share: And then, though the French should be Masters of the rest of the whole States Dominions, we should have no reason to complain of our part in the Divi_sion. Nay, supposing the worst, that we should be so ill advis'd, as to let the French take all, and leave us nothing; yet, even in that case, the French King would ra_ther make their strength at Sea inconsider_able, by their being subject to him, than his own more formidable, by his being their Master. For the power of Holland depends upon two things, their Parsimony, and their Liberty.

By their Liberty, they are encouraged to trade, and by their Parsimony, they are en_abled to do it cheaper than any other people. Both which would certainly be de_stroyed by the profuseness of the French living, and the Severity of their Govern_ment.

I do not pretend, that all this is as plain, as that two and two make four, it being impos_sible to use that certainty of reasoning in things of this nature: but thus far I dare affirm, that no man can be assured, but that some time or other the Dutch may take it to be their interest to joyn with France in the con_quest of England; for which reason, I lay it down as a maxime, That we must never give them leave to be our equals at Sea.

In the next place, I think it our interest to preserve Flanders from being over-run by the French, lest that might prove of a dan_gerous consequence to us. But no apprehen_sion of danger, ought to frighten us into a certain ruine; and therefore at the same time we are securing others by the Triple League, we may be allowed at least, to take some care of our own safety; for if whilst we labour to save the Crown of Spain, we suffer the Dutch to rob us of our trade, we shall make in my judgement, but a very ill bargain for our selves; and the world would have just cause to believe, the Dutch are our Masters al_ready in point of understanding, if they could impose upon us so silly a notion, as that we should employ our strength to support their Government, and let them use their Arts to cut off the Sinews of ours.

I told you at first the reason why I send you now these Papers, and if you find any thing in them with which you cannot agree, I shall be so far from being angry at your dif_fering from my opinion, that you will do me a favour in convincing me to be of yours; be_ing very much perswaded, it is better for a man to be really in the right, than to have it only thought he is so, either by himself or other people.

My aim in this is, that the Interest of Eng_land may be throughly search'd out; and I can truly say for my self, I never yet had any design, but what I believed was for the Honour, the Greatness, and the Prosperity of this Nation.

&horbar FINIS. |CPO |Y1684 THE Royal Apology: OR, AN ANSWER TO THE Rebels Plea: WHEREIN, The most Noted Anti-Monarchical TENENTS; First, Published by DOLEMAN the Jesuite, to pro_mote a Bill of EXCLUSION against King JAMES. Secondly, Practised by BRADSHAW and the Regi_cides in the actual Murder of King CHARLES the 1st. Thirdly, Republished by SIDNEY and the Associators to Depose and Murder his Present MAJESTY, Are distinctly consider'd. With a PARALLEL between DOLEMAN, BRADSHAW, SIDNEY and other of the True-Protestant PARTY. &horbar LONDON, Printed by T.B. for Robert Clavel, and are to be sold by Randolph Taylor, near Stationers-Hall. 1684.

TO THE READER.

IN the Year 1594. the Je_suit PARSONS published a Conference under the name of DOLEMAN. The Design of which Pamphlet, as e_very one knows, was to promote a Bill of Exclusion against King JAMES.

And though the Jesuites malice was herein defeated, as to the Per_son of that King; yet how much it influenc'd the Sufferings of his late Majesty, is a sad story to re_peat. For he who shall peruse the many virulent Libels, which first occasion'd, and then fomented that unnatural Rebellion; he will ea_sily be instructed how that Confe_rence was Transcribed and Tran_sprosed by the Patrons of the Fa_ction: And to speak in our Mo_dern Language, he cannot but observe, That the Popish DOLE_MAN is the Oracle of the TRUE-PROTESTANT Party.

Now that this may not be re_jected as a slandering Design, on_ly to make them odious to Au_thority, as is commonly Object_ed; I have here drawn for the Readers satisfaction, a short PA_RALLEL between Doleman, Bradshaw, Sidney and some o_thers. Upon perusal of which it will plainly appear, that the Jesuites Principles, as managed by Bradshaw and the Regicides, did cut off the Head of King CHARLES the first.

And since the same Principles have been transcribed by the Bre_thren of the ASSOCIATION; we have just reason to suspect the same Practices likewise: And that those who defend the Murder of King CHARLES the first, would doubtless, if they had Power in their Hands, Depose and Mur_der King CHARLES the Second.

If any Republican shall think fit to doubt that the following Dis_course is either Partial or Uncon_cluding, i.e. that I have either said something that is false, or else have omitted in any Instance, the very Strength of their Cause, let him make known his Grievance. And I do here faithfully promise, upon such notice given, I will (through Divine Assistance) en_deavour his Satisfaction.

&horbar &horbar

THE CONTENTS. THe Occasion of this Treatise, Which Consists Of an Objection and its An_swer Containing these Particulars, viz. The Government of England not a mixt Monarchy The King not one of the three E_states In what sence the King of England is an Absolute Monarch And how he is Limited That known saying of BRAC_TON Lex facit Regem how to be understood That other controverted Passage, Rex habet Superiorem, Deum & Legem, etiam & Curiam largely considered Of the Coronation Oath Of the Kings Prerogative

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

ALthough the Kings Title to his Crown and Dignity, together with his just Right and Authority, over all Persons and in all Causes, are beyond Ex_ception establish'd, by the Ordinance of God, and the known Laws and Constitu_tions of these Kingdoms; yet so far hath Prejudice, or something worse, prevail'd with some Men (and those not of the mea_nest Rank) as to suffer themselves to be led into a Belief.

That the Original of all Government is from the People; and that the Power which Kings and Princes have, was derived unto them from the People by way of Pact or Contract. Particularly, That the King of England (as appears from his Coronation_Oath) having solemnly engaged to his Peo_ple, to maintain Religion, to execute Justice, and to keep the Laws and right_ful Customs of the Kingdom; upon these Conditions was admitted to the Kingly Power. The which Conditions if he shall omit to observe (and of this they them_selves will be Judges) they then fancy, that he hath forfeited his Crown; and that the People who first made him King may, by their Representatives in Parliament, de_throne and Depose him.

That this is the Scheme of some Mens Policy, the many Treasonable Papers, such as, The Association, Vox Populi, Appeal to the City, Coll. SIDNEY'S Papers, &c. together with the late horrid Conspiracy groun_ded thereupon, do sufficiently demon_strate.

And therefore I hope it will be no un_seasonable Undertaking; but may, through Gods Blessing, contribute somewhat to se_cure the King's Liege-People in their due O_bedience, whilst I endeavour to evince the Falseness and destructive Consequences of these Anti-monarchical Principles.

Which that I may the more effectually, and with the greater clearness perform, I shall first lay down the utmost Strength of their Cause in one intire Objection, and then endeavour their satisfaction in the fol_lowing Answer.

OBJECTION.

THE Government of England is a mixt Monarchy, consisting of Three Estates King, Lords and Commons: And therefore the King of England is not an Absolute, but a li_mited Monarch; and as Such is to govern by, and according to, the Laws of the Land, and not o_therwise: And by the Oath which he hath taken at his Coronation, he is obliged to use the Power, Trust and Office then committed to him, for the Good and Benefit of the People, and for the preservation of their Rights and Liber_ties.

Now if the King, thus entrusted to keep the Laws, and preserve Religion, should be guil_ty of a wicked Design, to subvert our Laws, and destroy our Religion, by introducing an ar_bitrary, Tyrannical Government; he must then understand, that he is but an Officer of Trust: And the Parliament of England (the Repre_sentatives of the People, in whom all Power doth originally reside) they are to take order for the A_nimadversion and Punishment of such an offend_ing Governor. Parliaments were ordain'd to restrain the exorbitant Power of Kings, and to redress the Grievances of the People.

It is very true, what some have said, Rex non habet parem in Regno. But this is to be understood in a limited Sense: For though ma_jor singulis, yet he is minor universis. This we know to be Law, from that famous Lawyer BRACTON: Rex habet Superiorem, Deum & Legem, etiam & Curiam.

Which is thus Interpreted by Mr. SIDNEY.

For this Reason Bracton saith; That the King hath Three Superiors, to wit, Deum, Legem & Parliamentum; That is, The Power originally in the People of England, is delegated unto the Parliament. SIDNEY'S Tryal, pag. 23.

That is, as I conceive, the Sum of all that hath been, and the utmost of what, I suppose, can be said in this matter. To which I return this

ANSWER.

THAT this Phrase a mixt Monarchy, though somewhat frequent in the Mouths of these Men, is yet no very plain or intelligible Expression.

For, if by a mixt Monarchy, they design such a Government, wherein though the Surpream Power may reside in one single Person, yet the Monarch is so limited in the Execution of that Power, that he cannot legally perform several Acts of Soveraignty without the Concurrence of his Subjects (as with us here in England, the King neither makes LAWS, nor doth raise Taxes without his Parliament) If this be the utmost they design, when they call England a mixt Monarchy; then, though the Expression is very improper (an arrand Bull, a flat Contradiction in adjecto) yet where we are agreed in the Thing, we shall not contend about VVords; but may safely grant, that in this Sense, as now explain'd, The Government of England is a mixt Mo_narchy.

But if by a mixt they denote such a Monarchy, wherein though the Style and Title of King, together with some Ce_remonious Appendices of Royalty, as Cap and Knee, Guards, &c. are indeed inve_sted in One single Person, yet the Supreme Power and Soveraignty is not solely and in_tirely in the Monarch, exclusively to all others (as with us here in England, say these Men, the Soveraignty by way of Coordination, is partly in the King, partly in the Lords, and partly in the Commons, and for this reason they are styled the Three Estates of the Kingdom) if this be their Notion of a mixt Monarchy (as most plain_ly it is, if Actions may interpret Intentions) it is then not only false and absurd, but dangerous and destructive. And there_fore in this Sense we do peremptorily de_ny; That the Government of England is a mixt Monarchy.

For, The Supreme Power is solely in the King; and consequently the King is not, by way of Coordination, One of the Three Estates, but the HEAD and Soveraign of them all.

In order to this Conviction, the Dissent_ing Republican, who denyes this Truth, may please to consider,

That he who shall desire to inform himself rightly, where the Supreme Pow_er in any Government is plac'd; as also by whom, how and how far such Power hath from time to time, been either exercis'd or restrain'd; he must of necessity have re_course to the Publick Laws and Constitutions of such Government. Particularly here in England, he who designs to be truly in_structed in this matter; he must not re_ceive his notice from the Discourses of private men (which are many times fallaci_ous, partial and uncertain) but he ought to consult the Known Laws and Statutes those Authentick Records of the Kingdom.

Now the Oath of Supremacy, establish'd by several Parliaments, doth expresly De_clare; That the Kings Highness is the only Su_preme Governor of this Realm, and of all other his Highness Dominions and Countries, as well in all Spiritual or Ecclesiastical Things or Causes, as Temporal.

Words as plain and intelligible as the Wit of Man could devise.

From whence 'tis obvious to make this Inference;

That if the King is Supream, then he hath no Superior; if only Supream, then no equal. If over all Persons (and as such the 55th. Canon enjoyns us to acknowledg him in our Prayers) then All Persons in these his Realms, and all other his Dominions and Countries, are subordinate or Subject un_to him, and if subordinate, then none of them, either severally or joyntly are coordinate with him.

Now is it possible, after so plain and express a Determination, for any Man to doubt; That the Supream Power is solely in the King? I observe it is possible: For, some Men who will not be satisfy'd with Rea_son, do thus urge.

That the Oath of Supremacy, being ex_presly levell'd against the Usurpations of the Church of Rome, was consequently so fram'd as to discover those who are Po_pishly affected.

For, the Persons taking that Oath are obliged only to Declare; That they Renounce all Foreign Jurisdictions: i.e. They do swear; That the King of England is no Feudatory Prince, and that he holds not his Crown in Fee, either from the Pope, or any Foraign Power whatsoever. But what is all this, say these men, to the Parliament? Or, how come this Oath to be urg'd a_gainst the Jurisdiction of the two Houses? Since in those very Statutes in which this Oath is enjoyn'd, the Legislative Power (which doubtless is the Supream Power) is expresly Established in the Parliament, as well as in the King, in these Words.

Be it Enacted by the Kings most Excellent Majesty, the Lords Spiritual and Temporal and the Commons in this present Parliament assem_bled, and by the Authority of the same.

Lords Spiritual and Temporal and the Commons do Enact joyntly with the King, and therefore have a Coordinate Power.

To which it is thus Reply'd.

That when this Oath of Supremacy was first framed, the Pope being then the most noted Usurper, was for that reason more particularly mention'd than any other; but from thence to infer.

That it was design'd, by way of Test, to discover Those, who are Popishly-affe_cted, is a very great Mistake.

For, the Supremacy of the Kings of England, being the chief Prerogative of the Crown, was always challeng'd and main_tain'd by V. 27. Ed. 3. c. 1. 3 R. 2. c. 3. 7 R. 2. c. 12. 16 R. 2. c. 5. 2 H. 4. c. 4. 6 H. 4. c. 1. 24 H. 8. c. 12. 25 H 8. c. 19. 26 H. 8. c. 1. 37 H. 8 c. 17. Parl. 2. l. Mar. c. 1. Popish Princes as well as Pro_testant, 1 Eliz. c. 1. 5 Eliz. c. 1. 13 E_liz. c. 2. as appears by these several Statutes here mention'd in the Margent.

The Intent then of this Oath was not to discover who are Papists, but in plain Terms, who are Traitors: And therefore let Mens Pretences to Religion be other_wise what they will; if by scrupling this Oath, they refuse to give assurance to the Government, that they will be honest and loyal, they are to be esteem'd, if not Traitors, yet at least Trayterously affe_cted.

And whereas they further urge, That the Coordinate Power of the Parliament is no way condemn'd by this Oath; which on_ly takes notice of a Foraign Usurpation; They are for their satisfaction, desired to consider,

That, since rectum est Judex sui & obliqui, Domestick Usurpation is hereby excluded as well as Foreign: The Soveraignty of the People as well as of the Pope.

And as to that which is pleaded from the Form of the Statute, by the Authority of the same, as if the Lords and Commons did by their Authority, make and enact Laws joyntly with the King; To this I do hum_bly Answer, That this Expression, if du_ly consider'd, doth not in the least favour the Republican Fancy of a Coordinate Pow_er.

Which I shall best express to vulgar Capacities (for whom this Discourse is chiefly design'd) thus faithfully by repre_senting the Matter of Fact.

Although the Legislative Power is solely in the King, yet His Majesty doth not make Laws, without the concurring Advice and Approbation of his Subjects: For the King, like other Men, being mortal and of limited Capacity, is neither omniscient nor omnipresent. He cannot be in all Parts of his Dominions at one and the same time, and consequently can no otherwise be acquainted with the Grievances of his Subjects, but by the Reports of o_thers.

To supply this Defect, he calls whom he pleaseth (such as he thinks able and faithful to assist and direct him) to be of his Privy Councel; whose advice he takes in the Execution of those Laws which are already Establish'd.

But since all human Laws are liable to Defects (for it is the sole Prerogative of Gods Law, as being the result of Infinite Wis_dom and Goodness, to be exceeding broad; to be fitted to all times, and to answer all occasions) it is therefore sometimes neces_sary that new Laws should be made, and the old ones either abrogated and null'd; or else reinforc'd with greater Penalties.

In such Cases, according to the happy Constitution of these Nations, the King summons his Great Council; the High and most Honourable Court of Parliament; The Lords Spiritual, the Lords Temporal and the Commons; Representing the Three Estates of the Kingdom; Who coming from all Parts of the Nation, are best able to in_form His Majesty of the Grievances of his Subjects; and by what Ways and Me_thods they may most suitably be re_dress'd.

In order hereunto; when any Proposal, or as we phrase it any Bill, hath pass'd the Approbation of the Two Houses; it is then humbly presented to the King for his Royal Assent. Which if His Majesty thinks fit to grant, then Le Roy le veult, makes it a Law: But if the King shall dislike the Bill, he then rejects it, with a Le Roy ne veult, the King will not pass it; or else in that more obliging Form of Denyal, Le Roy avisera, the King will consider or advise about it.

This is the plain matter of Fact. From whence 'tis very easie to understand, what this Form of words, By the Authority of the same doth import, viz. not of the same Lords and Commons (as if either Lords or Commons had an Authority contradistinct from, or coordinate with, the King) but by the Authority of the same Parliament.

The which Parliament, as Sir Edw. Cooke Instit. part 4. Cap. 1. p. 1. informs us, consisteth of The Kings Majesty, sitting there as in his Royal Politick Capacity, and of the Three Estates of the Realm, viz. The Lords Spiritual, the Lords Temporal and the Commons. So that in Pro_priety of Speech, neither the Lords nor Commons (though in a vulgar Sense, and to some purpose purposes, they are sometimes so called) I say neither Lords nor Commons strictly and properly are a Parliament without the King; who summoning them by his Writs; and presiding over them as their Head, ani_mates and informs them, and makes them a Legal Parliament, who otherwise, with_out the Royal Summons, would be no bet_ter than an unlawful and riotous Conven_tion.

The Lords and Commons have indeed an Authority, to meet and sit and debate as a Parliament; But they have this Authority solely from the King, and not from Them_selves or from the People: For, the King Calls them when he pleaseth, and so makes them a Parliament; and he Dissolves them when he thinks fit, and so makes them none.

Again, The Lords and Commons have an Authority, but not to Enact or make Laws (for the Words, Be it enacted refer only to the King) but to advise and consent to such Laws as shall be made by the King: And therefore this Phrase, Be it e_nacted by the Kings most excellent Majesty, the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, &c. hath an Ellipsis in it; and is to be read thus. Be it enacted by the Kings most Excellent Ma_jesty, by the Advice and with the Consent of the Lords Spiritual and Temporal and the Commons in this Parliament assembled, &c. Advice and Consent though for Brevities sake they are not always express'd, yet are still to be understood.

And for the Truth of this, I appeal to the Form of our antient Statutes (as also to some modern ones) and that not only in the Title, but also in the Preface and San_ction of them. For till the time of Henry VIII. the words Advice, Assent or Consent were never omitted. As appears from the Statutes themselves, to which recourse to be had.

From these Premises it plainly appears, That the Supreme Power is solely in the King; and, That the Two Houses of Parliament are (not Partners in the Government but) his most Dutiful and Loyal Subjects; as in all their Petitions most truly they do stile themselves. And that this Form in our Statutes, By the Authority of the same, when rightly understood, doth neither give them Title to make Laws, nor per_form any other Act of Soveraignty, which may countenance this Fancy of a Coordi_nate Power.

The next Pretence of these Republican Politicians (which I find they often urge in vindication of the late Rebellion) is this; That the King is One of the Three Estates; and from hence they infer: He hath but One share in the Government; and that the other Two are Co-partners with Him.

The which Suggestion being apparently False, I shall need to say the less in it's Confutation, especially being so happily prevented by a late Learned Head, viz. The Grand Question concerning the Bishops Right, &c.

The judicious Author of which Trea_tise having first premised;

That the whole Parliament assembled, are the best Judges, which are the Three E_states in Parliament; and that their Autho_rity is more to be valued, than that of a_ny particular Persons, whether Lawyers or others; He then, in many Instances, in_forms us from the Parliament Rolls and publick Records of the Kingdom; That the Three Estates are the Lords Spiritual, the Lords Temporal and the Commons.

In these Records we read of Impeach_ments made before the King, and all the Estates of the Realm. R. 2. Of Commissions appointed by the Peers and Lords Spiri_tual and Temporal, and the Commons of the Kingdom, representing all the States of the Kingdom. R. 2.

Of such and such things, advised and appointed by the Authority of the King, as_senting the Three Estates of this Realm. 6 H. 6. n. 24.

The Duke of Bedford appear'd in Par_liament before the King and the Three E_states of this Realm. 11 H. 6. n. 10.

In the Parliament 1 H. 6. The Queen Dowager, in her Petition, mentions the Ratification made in Parliament, 9 H. 5. and saith; It was not only sworn by the King, but by the Three Estates of the Kingdom of England, i.e. by the Prelates, Nobles and other Grandees, and by the Commons of the Realm of England.

And to add one Instance for latter times in the Parl. 1 Eliz. cap.3. The Lords Spiritu_al, the Lords Temporal and the Commons declare, That they do represent in Parliament the Three Estates of the Realm.

With several others which I shall not mention, but refer all those, who either want or desire satisfaction, to the Book it self.

And as to my plain, honest Reader, who hath neither ability nor opportunity to consult these Publick Records, I shall desire him to open his Common-Prayer-Book; and to turn to the Office for the 5th. of No_vember. In the Preface of which he thus reads, A Form of Prayer with Thanksgiving --- for the happy Deliverance of the King, and the Three Estates of the Realm. And in the Collect before the Epistle, We acknowledg the Power, Wisdom and Goodness of God, in preserving the King, and the Three Estates of this Realm assembled in Parliament.

It thus evidently appearing; That the King is not One of the Three Estates, and consequently, that his Authority is not li_mited or restrain'd, by the Coordinate Power of the other Two; we may with better assurance proceed to examin the Truth of their next Suggestion, viz. That the King of England is not an Absolute Mo_narch.

In which Inquiry, least I should dimi_nish the Kings just Right and Prerogative on the one hand, or encroach upon the Sub_jects Freedom and Liberty on the other, I must neither affirm nor deny without due Distinction.

Now the Kings Power and Authori_ty doth admit of a Twofold Considera_tion.

For, either we may observe it's efficient Cause; the Spring and Fountain from whence it flows; or else may take notice of the Execution and Administration of it.

As to the First of these;

If the Question should be asked; whence hath the King this Power to Rule and Govern these Nations? Who gave him this Authority?

To this a just Answer may be sugge_sted from His Majesties Royal Motto; DIEU ET MON DROIT, God and my Birth-right have given me these King_doms.

If it further be demanded, How Birth_right doth Entitle to a Crown? 'Tis then truly replyed That it is a Fundamental Law of England, That the Crown doth descend to the next in Blood; England being not an Elective but an Hereditary Kingdom.

And from hence we are occasionally instructed, how to understand that Con_troverted Place in Bracton (which I there_fore mention because I find it repeated with great Triumph in several Pamphlets) Lex facit Regem; the Law makes the King; The Law, i.e. The Law of Succession. Lib. 1. c. 7. f. 5. and Lib. 3. c. 9. f. 107. In which Sense doubtless my Lord Cook (as I have somewhere read) told King James, That the Law set the Crown upon his Head.

And it is the same Law that set the Crown upon the Head of His Present Ma_jesty.

For though His Majesties personal Qua_lifications deserve a Crown; yet it was not any Acceptance or Consent of the People, ex_press'd at his Coronation or otherwise, but it was his Birth-right only which made him King, because Son and Heir apparent of King Charles the First.

This is the full Import and Meaning of that saying of Bracton.

But now from hence to infer (as some canting Polititians have done) That because The Law, in this Sense as now explain'd, makes the King; therefore the Law is Superi_or to the King; therefore the Law hath a Co_ercive Power over the King; therefore, If the King shall neglect to Discharge his Trust, the Parliament of England (who are not only the highest Expounders, but the sole Makers of the Law) can by that Law which made him King, censure and condemn him for his Neg_lect. Bradshaw's Harangue at the Kings Try_al. I say thus to infer, is not only false and explosive in it self; but Treasonable to the King, and Destructive to the Kingdom: But of this, God willing, more fully in it's proper Place.

It may suffice at present to observe, that the Crown of England is an Imperial Crown, i.e. Such a Crown which as to the Coercive part, is not subject to any human Tribu_nal or Judicature whatsoever, as most plainly appears from our Law-Books and Statutes.

It was asserted in our Laws in the Time of King Richard the Second, That the Crown of England hath been so free at all times, that it hath been in no EARTHLY SUBJECTION BUT IMMEDIATELY SUBJECT TO GOD, in all things touching the Regalty of the same Crown, and to none other. 16 R. 2. c. 5.

And in 24 H. 8. it was declared in Par_liament, That this Realm of England is an Empire, and so hath been accepted in the World, govern'd by one Supreme Head and King, having the Dignity and Royal Estate of the Imperial Crown of the same; unto whom a Body Politick &horfill; of Spiritualty and Temporalty, been bounden and owen to bear NEXT TO GOD; a natural and humble Obedience. 24 H. 8. c. 22.

And 25 H. 8. It is Declared; That This Realm, recognizing NO SUPERIOR UNDER GOD, BUT ONLY THE KING, hath been, and is free from Subjection to any man's Laws, but only to such as have been devized within the same. V. 1 Eliz. cap. 3. & 1 Jac. c. 1. which are very pertinent to be perused, in confirmation of these preceding Statutes. 25 H. 8. c. 21.

And if private Authorities may not seem superfluous after the recital of such Authentick Records, I might largely con_firm this Supreme Independent Power of the King, by the repeated Testimonies of our most eminent and noted Writers.

But because I would not be too tedious, I shall mention none but the forecited Bracton Lord Chief Justice under Henry the 3d. And I the rather take notice of Him, because some passages in his Works have been perverted and abused, by the IGNORANCE and MALICE of ill design_ing Men.

From this Learned and Judicious Author we are thus instructed.

Om_nis quidem sub eo, & ipse sub nul_lo, nisi tan_dtum sub Deo. Pa_rem autem non habet in Regno suo, quia sic a_mitteret preceptum. &horfill; All Ranks and Degrees of Men are subject to the King; but the King himself is under none but God. There is none equal to him, or coordinate with him in the Kingdom; such a fancy being wholly inconsistent with his Kingly Power ------ Si autem ab eo petatur (cum breve non currat contra ip_sum) locus erit suppli_cationi quod factum suum corrigat & emendet, quod quidem si non fecerit, satis suf_ficet ei ad panam quod Dominum expected ultorem. Nemo quidem de factis suis pr�sumas disputare, multo fortius contra factum suum venire. Vid. Bracton de Leg. Ang. Lib. 1. cap. 8. Sect. 5. fol. 5. And if any Man hath occasion to implead the King (since no Writ can be taken out against him) he must then pro_ceed by way of Petition. But if the King shall still refuse to do him right, it will be sufficient punishment for him to expect the Lord as an Avenger.

Doubtless no man should presume to question the Kings Actions; much less to oppose them by force.

And in his 5th. Book de Defaltis Cap. 3. Sect. 3. he speaks the same Language.

For having put the Case, That if the King being Petition'd to redress the Grievances of his Subjects, should yet neglect to grant them Justice, what further course the Sub_ject might take for his Relief? He Rules it thus.

Quo casu cum Dominus Rex super hoc fuerit interpella_tus, in ea_dem volun_tate quod velit te_nentem esse defensum cum inju_ria, cum teneatur Justitiam totis viri_bus defensa_re, ex tunc erit injuria ipsius Domini Regis, nec poterit ei necessitatem aliquis imponere quod illam corrigat & emendet nisi velit, cum superiorem non habeat nisi Deum, & satis erit illi pro pœna quod Deum expectet ultorum. Bracton Lib. 5. de Defaltis c. 3. Sect. 3. fol. 368. If the King, who is bound to admini_ster Justice to his utmost Power, will not recal the wrong he did upon a false Suggestion; in this case he injures his Subjects, but no body can force him to do Right; because he hath no Superior but God only. And it is sufficient that we shall have a day of hearing hereafter at a Just Tri_bunal.

V. Lib. 2. c. 24. Sect. 1. p. 55. & lib. 2. c. 37. Sect. 5. p. 87. & lib. 3. c. 9. Sect. 3. p. 107.

But here I am Allarm'd with that no_ted saying of this Author; Rex habet Superiorem, Deum & Legem etiam & Curiam.

And there is scarce a Pamphlet, preten_ding either to Law or Latin, which doth not triumph in this Sentence of Bracton. Vid. Sidney's TRyal p. 23. I am therefore oblig'd, for their sakes who may otherwise be misguided, to endea_vour the full Sence and Meaning of these Words.

In order to which Task, and that he may the better apprehend the clearness of my Answer, I must trouble my Reader to peruse the whole Section.

De Chartis vero Regiis & factis Regum, non debent nec possunt Justiciarii, nec privat� per_son� disputare; ne etiam si in illa dubitatio cri_atur, possunt eam interpretari, & in dubiis & obscuris, vel si aliqua dictio duos contineat in_tellectus Domini Regis erit expectanda interpre_tatio & voluntas, cum ejus sit interpretari, cu_jus est concedere, & etiam si omnino sit falsa propter rasurani, vel quia forte signum apposi_tum est adulterinum, melius & tutius est quod coram ipso Rege procedatur ad Judicium. Item nec factum Regis, nec chartam potest quis ju_dicare, ita quod factum Domini Regis irretetur. Sed dicere poterit quis, quod Rex Justitiam fe_cerit, & bene, & si hoc, eadem ratione quod male, & ita imponere ei quod injuriam emendet, ne inci_dat Rex & Justic. in Judicum viventis Dei propter injuriam. REX AUTEM HABET SUPERIOREM, DEUM, S. ITEM LEGEM, PER QUAM FACTUS EST REX, ITEM CURIAM SUAM, viz. Comites, Barones, quia Comites dicuntur, quasi socii Regis, & qui habet Socium, habet Magistrum, & ideo si Rex fuerit sine fr�no, i.e. sine Lege, debent ei fr�num ponere, nisi ipsimet fuerint cum Rege sine fr�no, & tunc clamabunt subditi & dicent, Domine Ihesu Christe in chamo & fr�no maxillas eorum con_stringe, ad quos Dominus, vocabo super eos gentem robustam & longinquam & ignotam, cu_jus linguam ignorabunt, qu� destruet eos, & evellet radices eorum de terra, & a talibus judicabuntur, quia subditos noluerunt juste judi_care & in fine, ligatis manibus & pedibus eorum, mittet eos in caminum ignis & tenebras exterio_res, ubi erit fletus & stridor dentium. V. Lib. 2. c. 16. �. 3 fol. 34.

This is the Section, in which that con_troverted Passage, Rex habet Superiorem, &c. is contain'd.

Now as preparatory to a just Explica_tion, it will be pertinent to consider these Two Things.

First, That all difficult and obscure pla_ces in any Author, ought to be determi_ned by such as are plain and obvious; but not e converso; and therefore,

Secondly, When we doubt of the true Sence of an Author, it is much more mo_dest as well as charitable, to confess our own Ignorance, and to say, we do not know what he means, rather than to calumni_ate and mistake him, by affixing such a Sence to his Words as he never intended.

And consequently, it might be a suffi_cient Answer to affirm; That since our Bracton hath so plainly and so often told us; That the King is under none but God, That all Orders and Degrees of Men are Subject to the King, That he hath no equal much less Su_perior, That no man should presume to question his Actions, &c. It evidently follows,

That whatever can be understood by this Curia (whether Lords or Commons) yet this Curia is not Superior to the King: It neither gave him his Authority at first, nor hath the least shadow of a Cooercive Power, to limit and restrain him. For certainly that cannot be the meaning of Bracton, which he hath so expresly con_tradicted in other parts of his Works.

But that I may Answer as well as Evade, I now come to explain, what I think to be the true Sence and Meaning of these Words, Rex habet Superiorem, &c.

The Subject matter of this Second Book of BRACTON is, De acquirendo rerum Do_minio. It explains the nature of Legal Ti_tles; and sets forth the several ways, by which a man may acquire such a Right and Property in the thing possess'd as to call it his own. And amongst many o_thers, DONATION as being the chief, is more particularly consider'd by him.

Now these Gifts or Grants (as he tells us in the beginning of this 16 Chap. Sect. 1.) fiunt in scriptis, sicut in Chartis, ad perpetuam memoriam, propter brevem hominum vitam, & ut facilius probari possit Donatio. They are for Mortalities sake, put into Writing, that so the Donee (should his Title be que_stion'd) by the Evidence of such enrolled Deeds, may secure his Possession.

Of these Grants or Charters, some are made by the King; others by private Men. And having largely discours'd of these private Charters, Sect. 2.4. and so on; in this intermediate 3d. Sect. he more parti_cularly gives us his Judgment de Chartis Regiis; which by way of Eminency are stiled Charters.

De Chartis vero Regiis & factis Regum, non debent nec possunt Justiciarii, nec privat� Per_son� disputare: Neither the Who are here meant by those Ju_sticiarii, let the learned in the Law de_termine. Justiciarii nor private persons, have any Commission to dispute the Kings Charters; or to question any other of his Majesties Proceedings; nec etiam si in illa dubitat io oriatur, possunt eam interpretari: For where the Royal Grant is doubtful and obscure, it would be pre_sumption in them to pretend to explain it. Et in dubiis & obscuris, vel si aliqua dictio duos contineat intellectus, Domini Regis erit ex_pectanda Interpretatio & voluntas; cum ejus sit interpretari cujus est concedere.

But if any part of it be ambiguous, and doth admit of a double Sense, than the Kings pleasure (since His Majesty who first made the Grant best knows his own Mind) is the surest and most authentick Interpretation; Et etiam si omnino sit falsa propter rasuram, vel quia forte signum apposi_tum est adulterinum, melius & tutius est quod coram ipso Rege procedatur ad Judicium.

Moreover should there be suspicion, that any Charter (either by erasing or corrupt Interpolation) hath been falsely transcri_bed, 'tis the best and safest course, to de_termine the matter before the King him_self. Item nec factum Regis, nec chartam po_test quis judicare, ita quod factum Domini Re_gis irritetur. However (as was said before) let no man presume to censure the Kings Charters, or any other of his Proceedings, so as to make null and void the Act and Deed of our Lord the King.

Sed dicere poterit quis, But here it may be Objected, quod Rex justitiam fecerit & bene, If the King will do Justice, 'tis well; & si hoc eadem ratione quod male, & ita imponere ei quod injuriam emendet, ne incidat Rex & Justic. in judicium viventis Dei propter injuriam, and should he not do Justice, it seems that must be well taken too, since no body dares tell him that he doth amiss, and ac_cordingly there will be none to admonish him to correct his fault, that so he may es_cape the Judgment of the living God.

To this Objection BRACTON re_turns an Answer, though indeed not ushe_red in with the usual Formality of a Sic Respondeo. And his Answer is this;

Rex autem habet Superiorem, &c.

'Tis true indeed, none can controle the Kings Person or censure his Actions (his Majesty being Supream over all Persons, and in all Causes) autem; but yet we have these encouraging Reasons, that the King will do Justice, and govern his People according to Right.

For 1. Rex habet Superiorem, Deum, sc. As high and as great as the King is, there is one higher and greater than he, even Al_mighty God; The King of Kings and Lord of Lords. It is therefore much hoped; that a due Sense of this dreadful Majesty (be_fore whose Tribunal the greatest Monarchs as well at the meanest of their Subjects must one day appear) may over-awe and restrain the King from all unjust and inju_rious Proceedings.

2. Item Legem per quam factus est Rex. And moreover the better to enable the King to do Justice, there is a Law to di_rect him in his Interpretations, the which Law his Majesty is obliged even in grati_tude to observe, since it was the Law which made him King. (But how this must be understood is already explain'd.)

3. Item, Curiam suam, viz. Comites, Baro_nes; but besides these Two preceding Con_siderations, there is a Third Expedient to restrain the King from all unjust and exor_bitant Proceedings.

For, as there is a God in Heaven to o_verawe him; and as there is a Law on Earth to direct him: So likewise he hath his Curia, to admonish and advise him, viz. Comites, Barones, quia Comites dicuntur quasi Socii Regis; His Nobility, his Earls and his Barons; who by reason of their con_stant attendance at Court, are admitted into a nearer Familiarity with his Majesty, and are, as it were, the Kings Companions. Et qui habet Socium, habet Magistrum; and by such Intimacy as this, they are, in some sort, the Supervisors and Censors of his A_ctions; Et ideo si Rex fuerit sine fr�no, i.e. sine Lege, debent ei fr�num ponere. If there_fore the King shall omit to observe the Laws; 'tis then their Duty to admonish him of his neglect; saying, SIR, This is the Law, this should bridle you; this should limit and direct your Actions. And this doubtless they will do, nisi ipsimet fue_rint cum Rege sine fr�no; unless they them_selves have a mind to be lawless as well as the King.

But if matters should be brought to this pass, what shall then the poor Sub_jects do? how shall their Grievances be redress'd? Shall it not then be lawful to take up Arms (in the just Defence of King and Kingdom) to remove these evil Coun_cellors from the King? No such matter! & tunc clamabunt subditi & dicent, Domine Ie_su Christe, in chamo & fr�no maxillas eorum constringe; Our honest Bracton allows the Subject no other Arms against his Sove_raign, but the old Primitive Artillery of Pray_ers and Tears.

Ad quos Dominus, vocabo super eos gentem robustam & longinquam & ignotam, &c. And if the Subjects being under any Oppressi_on, shall thus dutyfully refer their cause to God, he will then take Care to do them right; and will not only restrain, but also punish their Oppressors: As our Author more fully explains to the end of this 16. Section, which I shall not need to translate any further, there being no difficulty in it.

If this Paraphrastical Translation (which I thought would most naturally lead us to the true sence of the words) doth not yet fully remove the Doubt; I shall then, for the Readers satisfaction, give this fur_ther Interpretation.

BRACTON in this 2d. Book Chap. 16. �. 3. is discoursing (as I have already ob_served) de Chartis Regiis. And he tells us; that the Royal Charters, when either doubt_ful or obscure, are to be determined co_ram Rege i.e. in the Courts of Kings-Bench and Chancery. (For these being the Kings own immediate personal Courts, in one of which the Kings of England have formerly sate in Person, all Writs returnable there run in this Style, coram nobis; and all judicial Re_cords there are stiled, and the Pleas there holden entered Coram Rege. And there_fore this Phrase in BRACTON Coram Re_ge is, I think warrantably render'd, the Courts of Kings Bench and Chancery.

Now if the Plaintiff shall suspect, that the Proceedings in these Courts are not just and equal, he may then make his Appeal. For the King hath not only Legem; his ordi_nary Courts of Justice, but also Curiam suam, (viz.) Comites, Barones His HOUSE OF LORDS. The Cause may then be re_moved by Writ of Error, or by Appeal in_to the House of Lords.

But if the Party shall still complain that he hath not Justice; there is then no other Remedy but Prayers and Patience.

For, this House of Lords being the Su_preme and highest Court of Judicature, no Earthly Appeal can be made any further. Sistendum est in aliquo. In all Judicial Pro_ceedings, Ecclesiastical and Civil, there must be a non ultra. For, as the Law of Nature doth instruct us, that Appeals must of necessity be allowed (otherwise those Injuries which may be occasion'd, through the Ignorance or Corruption of inferior Judges could never be redress'd) so the same Law doth also teach us; That Appeals must not be Infinite; i.e. There must be some Supreme Power, in whose final Determina_tion (be it right, or be it wrong) all Inferiors must acquiesce and submit. Otherwise, no Controversies could be decided; nay, there could be no Government, nothing but Disorder and Confusion in the World.

These are my present Thoughts of this difficult Passage: And whether I have yet given it's proper Sence is humbly submit_ted to the Impartial Reader. But whether I have or have not; the Republican Objector is again desired to take notice;

That whatever else can be the meaning of these Words, yet our Bracton doth not affirm this Curia to be superior to the King; Such an Interpretation being inconsistent with Grammar as well as Loyalty.

We have this Rule in our Syntaxis; that, If the Relative be referr'd to two Clauses or more, then the Relative shall be put in the Plural Num_ber.

If therefore this Relative word Superior do refer not only to Deum, but also to Le_gem and Curiam, it should not be Superiorem in the Singular, but Superiores in the Plural.

Bracton was not only very learned and judicious as to his Sence, but also (consider_ing the Age he lived in, and the Subject he discours'd on) very polite and elegant as to his Style; and consequently we must not suppose him guilty of so gross a Sol�_cism, which the meanest School-Boy is able to correct.

If the Patrons of the Faction, who are very hard to please, shall think fit to Re_ply; That it is a most unusual and Pedan_tick Method, to interpret a Law-Maxim by a Rule in Grammar; and thence are unalte_rably resolv'd to insist upon it; That un_less we can explain, in what Sence this Cu_ria is Superior to the King, all that hither_to hath been said on this occasion is trifling and explosive;

If, I say, these Republicans will not other_wise be contented, let them then take it thus. Rex habet superiorem ----- Curiam ----- i.e. The King can do more with the Advice and Assistance of his Curia then without it. Or more plainly thus. The Kings of England have more Power and Capacity in Parliament, then out of Parliament.

If this will not satisfie. Cras respondebo. For at present, I think fit to add no more in this matter.

This passage of BRACTON (which hath given us so large a Digression) being thus dispatch'd; we shall now return to our former Discourse.

'Tis undeniably evident from the Au_thentick Records of the Kingdom (not to mention private Authorities) That the King of England hath no Superior but God. That His Majesty did not receive his Authority from any Earthly Power. That he is not Fœudatory, either to the Pope or any other Foreign Prince, much less to his own People. That he was not admitted to his Kingdoms with any Limitations or Conditions; As the Kings of Poland and some others are. And consequently, since the Terms Absolute and Conditional are op_posite and contradistinct; If the Kings Power and Authority (with respect to its Original Efficient Cause) be neither Condi_tional nor Dependent, it is then Absolute as well as Independent. And therefore we may safely conclude (in this sence as now explained) The King of England is an ab_solute Monarch.

But here I expect it will be reply'd (and 'tis a very Popular Objection.)

That the Coronation Oath, in which there is a plain Contract and Bargain between the King and his People, doth sufficiently inti_mate; That the Crown is Conditional, i.e. was conferr'd upon his Majesty with certain Limitations and Conditions. For, the King having promised, to keep and defend the Laws and rightful Customs of the Kingdom, &c. He is then publickly shew'd to the People; and their consent to his Coronation being first demanded; he is, by that solemn Action, accepted as their King. Plainly insinuating, that without such a Promise on his part, he would not have been accepted on theirs. And from hence Mr. SIDNEY (a very Authentick Author with some men) doth infer; That there is a mutual Compact between the King and his Subjects; and if the King doth not perform his Duty, the Subjects are discharg'd from theirs. His words are these, That those Laws were to be observ'd, and the Oaths taken by them, having the Force of a Contract between Magistrate and People, could not be violated without dan_ger of dissolving the whole Fabrick: Which in plain English is this: If the King breaks his Oath, and doth not govern according to Law; he then forfeits his Crown, and the People are absolved from their Obe_dience.

In Answer to which, we are to take notice; that this plausible Objection is raised upon a false Foundation, viz. That the Co_ronation Oath makes the King; which is a most gross as well as dangerous Mistake; the King being as perfect and compleatly King before his Coronation as after.

'Tis a Maxim of our Law, The King ne_ver dyes: There being no such thing here in England as an Interregnum. For the very same moment that the Predecessor deceaseth, the Rights of Majesty descend and fall up_on the Successor. And herein I am instructed by those eminent Lawyers, the Lord Chan_cellor Egerton, and Sir Edw. Coke. By the former thus,

The Soveraignty is in the Person of the King, the Crown is but an Ensign of Soveraignty. L. Chanc. Egerton Postnat. p. 73. The Investure and Coronation are but Ceremonies of Honour and Majesty. The King is an absolute and perfect King before he be Crowned, and with_out those Ceremonies.

By the latter in these Words: If the Crown descend to the rightful Heir, he is Rex before Coronation. Cooks Inst. part 3. p. 7. For by the Law of England there is no interregnum: and Coronation is but an Ornament or Solemnity of Honour. And so it was resolv'd by all the Judges, Hil. 1. Jac. in the Case of Watson and Clark Seminary Priests: For by the Law there is always a King, in whose name the Laws are to be maintain'd and executed, otherwise Justice should fail. Thus he,

But that I may effectually convince our Associators of their mistake in this matter, I thus argue ad hominem.

Was his present Majesty actually King (i.e. King de facto as well as de jure) before his Coronation, or was he not?

If they acknowledg that he was; the Cause is then decided. But if they say he was not; I must then remind them of ano_ther point of Law, laid down by that O_racle of the Law in the preceding words, a Pardon granted by a King de jure, that is not also de facto is void. Now when they have first consider'd; That the Act of Oblivion was made before the King was Crown'd, I shall then leave it to themselves to deter_mine the Case.

Doubtless upon second Thoughts which are usually the best, they will readily con_fess; That his present Majesty was actually King before his Coronation; and consequent_ly, That the Oath which he then took, was not any Condition preparatory to his admit_tance to the Kingly Power.

Coronation then is but a Ceremony, and no part of his Title: I say, it is but a Ceremony; and yet (that I may remove some imperti_nent Scruples against it) it is no trifling, in_significant Ceremony: For,

First, The solemn Splendor in which the King appears in that Action (the generali_ty of People being much affected with outward Pomp) doth naturally make Im_pressions of awe and reverence towards his Person.

Secondly, The Oath which he then takes, may expel all jealous Fears; disposing his Subjects chearfully to submit to his future Government. For when the King (who is not responsible to them for any of his Acti_ons) shall condescend thus publickly to pro_mise his People, in the Presence of that God who gave him his Trust (and to whom alone he must render an Account for the management of it) That he will govern his Subjects according to Law; That he will preserve Religion from Here_sy and Schism; defend their Persons from wrong and violence; secure their Estates from Fraud and Rapine: Such assurance as this, must needs enlarge their Affections to their Prince; make their submission more hearty; their Obedience more chear_ful, since under his Government (if it is not their own Fault) they may rationally expect to live a quiet and peaceable Life in all Godliness and Honesty.

It appears, I hope, from these Premises (notwithstanding this or any other Ob_jection to the contrary) That the Kings Power, in respect to it's Original, is Abso_lute, i.e. He received it from none but God. Neither from the Pope, nor any other For_aign Prince, much less from his own Peo_ple.

But now when we speak of the Kings Authority, with respect to the Execution and Administration of it, the Case is very different. For the Kings of England, out of their abundant Grace and Favour, and to make their Government more easie and acceptable to their Subjects, have suffer'd themselves to be so limited in the Exercise of their Power; That they can neither make Laws, nor raise Taxes but in Parlia_ment; much less can they pretend to take away the Life, or dispose of the Estate of the meanest of their Subjects but by due course of Law: And therefore in this se_cond Consideration of his Authority, viz. the Execution and Administration of it; The King of England is not an Absolute but a limi_ted Monarch.

And indeed, if these Republicans were not much more forward, to remind the King of his Duty than to discharge their own, these things did not need to be repea_ted. For the King hath very often most gratiously promised; That he will govern by, and according to, the Laws of the Land and not otherwise. And that he will use the Power, Trust and Office commit_ted to him, for the good and benefit of the People, and for the preservation of their Rights and Liberties. All this is rea_dily granted, in the very words of the Objectors.

Only this Phrase, That he will govern according to the Laws, and not otherwise for the avoiding of mistakes, must be a little explained.

There are some Men, either through Ignorance or Malice, who have fancied; because the King is obliged to govern by Law, that therefore he must always act according to the Letter of it: So as that it shall not be in his Power, for instance (especially when it is their Interest to re_strain him) either to Pardon Capital Offen_ders; to Change the manner of their Death; or to mitigate the rigour of the Law on a_ny other occasion. And, in fine, these con_fident Reformers (who trade in Post-scripts more than Bracton) do talk of the Kings Prerogative at such a rate; as if it were an Arbitrary, Illegal Encroachment; and are so extravagant as to fancy; That by dimi_nishing the Kings Prerogative, they advance the Laws; and that to oppose the King, is to defend the Kingdom.

In charity therefore to these men, and to rectify their mistakes, I shall briefly lay down the nature of the Kings Preroga_tive: What it is? how it comes to be E_stablish'd? And whether, as is pretended, it be destructive to the Liberty of the Sub_ject.

The Word Ju_recons. hac voce varie utuntur: modo pro authoritate & eminen_tia: quedam modo pro jure quo_dam pr�ci_puo, specia_liseu privi_legio, Gal. Lex Jurid. verb Pr�_rogat. Prerogative (to omit other Significations Foreign to our purpose) doth properly denote; some special peculi_ar Priviledg or Preheminence, granted by Law. Hence the Kings Prerogative is very fitly styled by Sir H. Spelm. Gloss Pr�rog. verb. SPELMAN, Lex Regi� Dignitatis, which in Instit. cap. 5. sect. 125 p. 90. Sir Edw. Cooks words may be thus Translated. The Royal Pre_rogative legally extends to all Powers, Prehemi_nences and Priviledges, which the Law giveth to the Crown. And Littleton, saith our Au_thor, speaketh of the Kings Prerogative but twice in all his Books, viz. �. 125 & 128. and in both places as part of the Laws of Eng_land.

From whence our new Politicians may please to observe. That the Kings Preroga_tive is established by Law; and his Majesty hath as good Law for his Royal Preroga_tives. viz. The descent of the Crown to the next in Blood: The Power of Calling and Dissolv_ing Parliaments: The Negative Voice: The Power of the Militia: Pardoning Offenders, &c. I say His Majesty hath as good Law for these and all other his Prerogatives, as any Subject hath for his Paternal Estate.

Whoever therefore shall presume to di_spute these Priviledges of the Crown, he must not think me uncharitable whilst I tell him, He is an Enemy to the fundamen_tal Laws of England, and a Betrayer of the Rights of the Kingdom.

If the Case be thus, may some say; If these Royal Prerogatives are so sacred as not to be touch'd; it would then be a very suitable undertaking to enlarge your, &c. and to acquaint us more distinctly what they are, and where we may find them.

In answer to which Demand we are thus instructed by that Loyal Judge JEN_KINS, Jenk. Rediv. p. 136. The Kings Prerogative and the Subjects Liberty are determined and bounded, and admeasured by the written Law what they are. We do not hold the King to have any more Power, neither doth his Majesty claim any other but what the Law gives him.

The right method therefore to be in_form'd in this matter, is to search the writ_ten Laws, with the learned Interpretati_ons upon them. For though these Sta_tutes are not Constitutive of the Royal Pre_rogatives (All Jenk. Rediv. p. 4. Kings had them; the said Powers have no beginning; i. e. They are so antient we cannot trace their Original) yet they are Declaratory of them.

I say, though these Priviledges of the Crown are most of them antecedent to our Acts of Parliament, and the written deter_mined Cases of our Laws (and consequently are not primarily established by them) yet they are so often either explained, con_firm'd, or otherwise there mention'd; that he who is conversant in those publick Wri_tings must needs know what they are?

But since every one hath not the Leisure or the Ability for so laborious a Task; those therefore shall desire Compendio sapere, they may please to peruse a little Treatise called Jura Coron�; or His Majesties Royal Rights and Prerogatives Asserted. And amongst several others there mentioned and explai_ned, they will find this Prerogative.

That the King hath Power, in many ca_ses, to Dispense with the Laws: And that no Jur. Coron. p. 84. Act of Parliament can bind the King from any Prerogative, that is solely and inseparably an_next to his Sacred Person and Royal Power; but that he may dispense with it by a non obstante.

The Reason of which Prerogative (which to some unthinking Men may seem extra_vagant) is plainly this.

All human Constitutions are liable to Defects: And there was never any Law yet framed with such Policy and Skill, which might not, on some occasion or other, be burthensome to the Subject. For particular Cases and Contingencies are so infinitely various, that it is impossible for human Wis_dom to foresee or prevent them.

And therefore it is absolutely necessary; That there should in all Governments be some Power, Superior and Paramount to the written Laws: By whose Authority the Subject might be reliev'd and pardon'd; when the nice and strict Observance of the Law (through some unexpected Event) might be grievous to himself, or destructive to the Publick. And Bish. Sander_sons Judg. of subm. to Usurp. p. 18. this Power of dis_pensing with particular Laws (as the learned Bishop Sanderson informs us) is such a Pre_rogative, as without which no Commonwealth can be well govern'd; but Justice would be turn'd in_to Gall and Wormwood: Nor can the Supream Governor, without Forfeiture of that Faithful_ness which he oweth to the Publick-Weal divest himself thereof.

If some Men (who are very unwilling to give the King his Due) are still dissatisfi_ed in the point; the present posture of Af_fairs here in England may then fully con_vince them.

We all know that according to the Law High-Treason is punishable with Death. And the Judgment of the Court, on such occasions, is to be Hang'd, Drawn and Quarter'd. This is Law. Let me therefore ask these Men. Can the King by his Prero_gative dispense with this Law, so as to free the Criminal from the Punishment (a Toto or a Tanto) or can he not? If they say not. Ip_si viderint. Let them look to that who are most deeply concern'd.

But if now at the last they are grown so considerate, as to say that he can: Give me leave then to expostulate with them, con_cerning that late Instance of the unfortu_nate Lord Stafford.

When his Majesty, out of Compassion to that Noblemans Person and respect to his Quality, had changed the manner of his Death, and given him the favour to be Beheaded: What a noise was then raised, That the Law must be observ'd? What Fears and Apprehensions of Abritary Power! What a Tumult did those scrupulous She_riffs make on that occasion, by Petitioning the Two Houses; Whether the Kings Writ ought to be obey'd? But what Answer they receiv'd both from Lords and Commons is sufficiently known.

I shall make no Reflections upon it, tho indeed the Impertinence of that Action (in which I doubt they were encourag'd by some greater than themselves) might deserve a Remark.

From these Premises it is evident, That there is Lex Coron�, a Royal Prerogative granted by the Common Law to the Crown of England, Superior to all written Laws. By virtue of which Prerogative_Law, the King hath Authority (on emer_gent occasions, and when such Dispensati_on may promote the ends of Government) to Dispense with most Statutes or Acts of Parliament. Salus populi suprema Lex esto; when rightly understood is a full proof of this Assertion.

As therefore on the one hand;

When Sedition is rampant, and affronts the Government; when the Mercy of a King shall be voted his weakness; and his Royal compassion and unwillingness to Punish, shall have this Gloss put upon it; He dares not do it.

As in such Case, Reason of State (which is Salus Populi) doth require; That some should be executed in terrorem; to repress the insolence of others; So on the other hand,

When Tumults are abated; when Fa_ction is broken, and that Men begin to ac_knowledg their Mistakes, and return to their Wits: If under such inviting Circum_stances as these, the King out of his Grace and Mercy, shall either Pardon a Traitor, or abate the rigour of his Sentence, who will pretend to say, that such undeserved Favour is Illegal? Or that the King, whe_ther he pardon or punish, doth not govern, in both Instances, according to Law?

These Objectors go on.

If the King thus entrusted to keep the Laws and preserve Religion, should be guilty of a wicked Design, to subvert our Laws, and de_stroy our Religion, by introducing an Arbitrary, Tyrannical Government; he must then under_stand, that he is but an Officer of Trust.

All this is granted; If the word Trust do only refer to Almighty God, but not to the People.

The King doth chearfully acknowledg, that he is Authoriz'd and Deputed by the most High, to govern these Nations; and that he must render an Account for so great a Trust committed to his charge. And though the King hath many Enemies, both Spiritual and Temporal, yet his Support is this. He who gave him his Commission is able to Protect him. He hath hitherto very signally preserv'd him. And it is the constant, hearty Prayer of all Loyal Sub_jects; That his God, and the God of his Fathers will preserve him still. His Majesty hath indeed many Enemies (and good Prin_ces did never want them) but in the Mercy of the most High he shall not miscarry.

But if this Trust do refer to the People, as if the Kings Power and Authority were derived to him from the People by way of Pact or Contract: Let them then explain, Who are this People, with whom he did thus Contract? When was this Bargain made? What are the Conditions? Before what Witnesses? Who must Judge of the Delinquency? VVhere are the Records of these Transactions to be perused?

If no Evidence to confirm any of these Instances; the Case is then decided by that known Maxim, Idem est non esse & non ap_parere. This Fundamental Contract of the Na_tion, is only a hard Word to amuse the vulgar. We know not what it is, nor where to find it.

But, it follows in the Objection.

The Parliament of England (the Representa_tives of the People, in whom all Power doth O_riginally reside) they are to take Order for the A_nimadversion and Punishment of such an Offen_ding Governour. Parliaments were ordain'd to re_strain the exorbitant Power of Kings and to re_dress the Grievances of the People.

The Sum of which charge is this.

There is a Coercive Power over the King. Which Power (Mr. SIDNEY tells us) Originally in the People of England, is dele_gated unto the Parliament. Sidney's Tryal. p. 24.

To which I do thus Answer.

That though his Majesty hath a just esteem for Parliaments; and thinks the Par_liament of England the happiest Constitu_tion that ever Nation did enjoy; and hath gratiously assur'd us; That no Irregularities of Parliaments, shall make him out of Love with Parliaments; but that he will have frequent Parliaments: Yet such an ex_travagant Power of Parliaments as is here pretended, is such height of Treason; as deserves a sharper Confutation than can be given it from this Treatise.

As to the point of Non-Resistance (most seasonable to be enforc'd at this time) I did once design very fully to have enlarg'd upon it. To have shew'd its Obligation from all Laws Natural, Positive, Divine, Human. As also to have Answer'd the most Popular Pleas for such Resistance. But I am so happily prevented by the Learned Labours of others (particularly my Lord Bishop of VVinchester, Dr Falkner and Dr. Sherlock; who have indeed exhausted that Subject) that I shall give no further trou_ble; but conclude my short Discourse with this following Argument.

The Supream Power must not be resisted;

But the King of England hath Supreme Power; Therefore His Majesty cannot lawfully be resisted.

The Proposition is the voice of Nature. There can be no Order nor Government, unless this Truth be admitted. Reason tells us; Par in parem non habet potestatem, much less hath an Inferior a Coercive Power o_ver his Superior.

To which let me observe; That even the late Rebels themselves were convinc'd in this matter. For, to vindicate their former Treasons, and to patronize their intended Murder of that Blessed Prince, they vo_ted, Jan. 4. 1648. Resolv'd, That the People are (under God) the Original of all just Powers. That the Commons of England Assembled in Par_liament, being chosen by, and representing the People, have the Supreme Power in the Nation. That whatsoever is Enacted or declared for Law by the Commons in Parliament hath the Force of a Law, and the People concluded thereby, though consent of King and Peers be not had thereunto.

Plainly insinuating, That whilst the Subjects of England, according to their Duty, did acknowledg the Supreme Power to be in the King, they must needs appre_hend, That the War was Rebellion; and his pretended Judges were Traitors.

And as to the Assumption, viz.

That the King of England hath Supreme Pow_er; this, I hope, hath been so fully prov'd in this little Treatise, that I might suppose the Conclusion without any further Enlarge_ment.

But because some late Seditious Pam_phlets have very impertinently advanc'd the Power of Parliaments; I shall, ex abundan_ti, thus undeniably convince them, That the Parliament of England is Subject to the King.

Mr. SIDNEY Informs us, That the Right and Power of Magistrates in every Coun_try, is that which the Laws of that Country make it to be. Sidney's Paper p. 2. If therefore it do appear by the Laws and Statutes of the Kingdom, That the Parliament of England is Subject to the King, then the Controversy is at an End.

For Proof of this, they are desired to Consult, 12 Car. 2. c. 30. Where the Lords and Commons thus Petitioned to his Majesty.

We your Majesties said Dutiful and Loyal Subjects, the Lords and Commons in Parliament Assembled, do beseech your most Excellent Majesty that it may be De_clared; That by the undoubted and funda_mental Laws of this Kingdom, neither the Peers of this Realm, nor the Com_mons, nor both together in Parliament, nor the People Collectively or Representa_tively, nor any other Persons whatsoever ever had, have, hath or ought to have any Coercive Power over the Persons of the Kings of this Realm.

Words so plain and undeniably evident that they are not capable of any further Explication.

Only it will be pertinent to observe Two Things.

First, the Lords and Commons do not here petition, that it may be Enacted, but that it may be Declared; intimating that the Kings Supremacy was not first establish'd in this Statute (as if before the making of this Act, the Parliament had been Superior to the King) but is here only Declared to have been Establish'd by the undoubted Funda_mental Laws of this Kingdom, i.e. by such Laws as are the Foundation of the Go_vernment. Whoever therefore shall Af_firm, That the Parliament hath a Coer_cive Power over the Person of the King, he alters the Foundation and destroys the Go_vernment.

Secondly, I do from this Statute observe, That their famous Axiom, major singulis, minor universis, will no longer support their Cause, it being plain from this Act; That the King is major universis as well as singu_lis.

When our Republican Clubs, who talk so much of Law, shall have answer'd this Statute; they may then expect to hear fur_ther from me.

In th' interim, I shall recommend a Text, to be held forth in all their Conventicles, the next time of their meeting.

Prov. 24.21,22. My Son, fear thou the Lord and the King, and meddle not with them that are given to change.

For their Calamity shall rise suddainly, and who knoweth the ruin of them both?

From whence may be raised these good Observations, viz. Honesty is the best Policy, and Loyalty the best Religion.

&horbar FINIS. &horbar

THE PARALLEL.

DOLEMAN

THERE can be no doubt but that the Common-Wealth hath Power to chuse their own fa_shion of Government, as also to change the same upon reasonable Causes. In like manner is it evident, that as the Common-Wealth hath this Authority to chuse and change her Government, so hath she also to limit the same with what Laws and Conditions she pleaseth. Conse_quence about Succession. Part. 1. cap. 1. pag, 12,13.

All Law, both Natural, National and Positive doth teach us; That Prin_ces are subject to Law and Order, and that the Common-Wealth which gave them their Authority for the Common good of all, may also re_strain or take the same away again, if they abuse it to the Common-evil. The whole Body, though it be go_verned by the Prince, as by the Head, yet is it not Inferior but Superior to the Prince. Neither so giveth the Common-wealth her Authority and Power up to any Prince, that she depriveth her self utterly of the same, when need shall require, to use it for her defence, for which she gave it. Part. 1st. cap. 4. p. 72.

And finally the Power and Autho_rity which the Prince hath from the Common-wealth is in very Truth, not Absolute but Potestas vicaria & delega_ta, i.e. a Power Delegate, or Power by Commission from the Common_Wealth, which is given with such Re_strictions, Cautels and Conditions, yea with such plain Exceptions, Pro_mises and Oaths of both Parties (I mean between the King and Com_mon-wealth, at the day of his Ad_mission or Coronation) as if the same be not kept but wilfully broken on ei_ther Part, then is the other not bound to observe his Promise neither, though never so solemnly made or sworn. Part 1st. cap. 4. pag. 73.

By this then you see the ground whereon dependeth the righteous and lawful Deposition and Chastisement of wicked Princes, viz. Their fail_ing in their Oath and Promises, which they made at their first en_trance &horfill; Then is the Common-wealth not only free from all Oaths made by her of Obedience or Allegiance to such unworthy Princes, but is bound moreover for saving the whole Body, to resist, chasten, or remove such evil Heads, if she be able, for that otherwise all would come to De_struction, Ruine and publick Desola_tion. part 1. cap. 4 pag. 77,78.

BRADSHAW

THE People of England, as they are those that at the first (as other Coun_tries have done) did chuse to them_selves this Form of Government e_ven for Justice sake, that Justice might be admi_nistred, that Peace might be preserved; so Sir, they gave Laws to their Governours, accord_ing to which they should Govern; and if those Laws should have prov'd inconvenient or prejudi_cial to the publick, they had a Power in them, and reserved to themselves to alter as they shall see cause. Kings Trial p. 64.

CHARLES STUART King of England; The Commons of England Assembled in Parliament, according to the fundamental Power that rests in themselves, have resolved to bring you to Tryal and Judgment, p. 29. If so be the King will go contrary to the end of his Government, Sir he must understand that he is but an Officer of Trust, and he ought to discharge that Trust, and they are to take Order for the Animadversion and Punishment of such an Offending Governor p. 65.

Sir, Parliaments were ordained for that purpose, to redress the Grievances of the People. And then, Sir, the Scripture says, They that know their Masters will and do it not, what follows? The Law is your Master, the Acts of Parliament. pag. 66,67.

This we know to be Law, Rex habet superiorem, Deum & Legem, etiam & Curiam, and so says the same Author; and truly Sir, he makes bold to go a little further, Debent ei ponere fr�num, They ought to bridle him pag. 65.

That the said Charles Stuart being admitted King of England, and therein trusted with a li_mitted Power. Vid. Char. p. 30.

The House of Commons, the Supream Au_thority and Jurisdiction of the Kingdom. pag. 48. Which Authority requires you, in the name of the People of England, of which you are Ele_cted King, to answer them, pag. 36. Sir you may not Demur the Jurisdiction of the Court &horfill; they sit here by the Authority of the Commons of Eng_land; and all your Predecessors and you are re_sponsible to them. pag 44.

For there is a Contract and Bargain between the King and his People, and your Oath is taken, and certainly Sir, the Bond is reciprocal. &horfill; Sir, if this Bond be once broken, farewel Sove_raignty. pag. 72.

Sir, though you have it by Inheritance in the way that is spoken of, yet it must not be denied that your Office was an Office of Trust: Now Sir, if it be an Office of Inheritance, as you speak of your Title by Descent, let all men know that great Offices are seizable and forfeitable, as if you had it but for a year and for your Life, p. 73.

And Sir, the People of England cannot be so far wanting to themselves, which God having dealt so miraculously and gloriously for, they having Power in their hands, and their Great Enemy, they must proceed to do Justice to themselves and to You. p. 75.

SIDNEY and other of The True-Protestant Party.

GOD hath left Nations unto the Liberty of setting up such Governments as best pleased themselves.

The Right and Power of Magistrates in every Country, was that which the Laws of that Country made it to be, Sidn. Pap. p. 2.

St. Peter 1 Pet. 2.13,14. stiles Kings, as well as the Governours under him, the Ordinance of Man, which cannot have any other Sence, but that Men make them and give them their Pow_ers. Huntspostsc. p. 37. By all which it is evident; That the Succession to the Crown is the Peoples Right. And though the Succession to the Crown is Hereditary, because the People so appointed it; would have it so, or consent_ed to have it so; yet in a particular Case for the saving the Nation, The whole Line and Mo_narchy itself may be altered, by the unlimi_ted Power of the Legislative Authority. Hunts Postsc. pag. 43. Some Men will talk as if they be_lieved themselves, That the Legislative Power is in the King, when no King of England yet ever pretended to it. A Legislative Authority is necessary to every Government, and therefore we ought not to want it, and therefore Parliaments, in which our Government hath placed the mak_ing of Laws, cannot be long discontinued. Hunts Postsc. p. 28.

BRACTON saith that the King hath three Su_periors, to wit, Deum, Legem & Parliamentum; that is, the Power Originally in the People of Eng_land is Delegated unto the Parliament. Sidn. Tryal p. 23.

All Government is founded in Trust, and set_tled in such a Person, or limited to such a Family, for the safety and advantage of the People, as well as of the Ruler.

It is remarkable that there was never a Con_veyance of the Crown of England to any Person, but upon the tacit Concurrence, and with the Virtual or Implicite Consent of the People. And therefore anciently before any King of England was actually Crown'd, the People being first acquaint_ed with the Day appointed for that Solemnity, were three several times publickly asked, whether they would have such a Person to rule over them. Let. from Gentl. in the City concerning D. Y. pag. 13,14.

Those Laws were to be observ'd, and the Oaths taken by them, having the force of a Contract between Magi_strate and People, could not be violated without danger of dissolving the whole Fabrick. Sidn. Pap. pag. 2.

If he doth not like his condition, he may Renounce the Crown; but if he receive it upon that Condition (as all Ma_gistrates do the Power they receive) and swear to perform it, he must expect that the performance will be exacted, or revenge taken by those he hath betrayed. Sid. Try. p. 23.

I will hope there are very few in this Nation so ill instru_cted, that do not think it in the Power of the People to depose a Prince, who really undertakes to alienate his Kingdom, or that really Acts the Destruction or the Universal Calamity of his People. Great consid. relating to D.Y. consider'd p. 6.

To give every one his due, is to administer Defence to the Innocent, and by Authority of Law to subdue the Ag_gressors of Mankind, how great and mighty soever they be, Fiat justitia therefore. Id. Pag. 16.

|CPO |Y1699 A DEFENCE OF THE Scots Settlement At DARIEN. WITH An Answer to the Spanish MEMORIAL against it. AND Arguments to prove that it is the Interest of England to join with the Scots, and protect it. To which is added, A Description of the Country, and a particular Account of the Scots Colony. &horbar &horbar EDINBURGH, Printed in the Year M.DC.XC.IX.

ERRATA, errata put into the text

TO THE KING'S Most Excellent Majesty, SIR,

THE Interest You have in the flourishing of Your Antient Kingdom of Scotland, whose Crown is trans_mitted to You by an Hundred and eleven of Your Ancestors, without ever having been on the Head of a Foreigner, emboldens the Author to lay the following Sheets at Your Majesty's Feet.

The design of them is to vindicate the Settlement of the Scots in Darien, and Your Majesty's Justice in protecting them, against the ob_lique Aspersions which are cast upon it in the Spanish Memorial.

The Soveraignty of the Crown of Scotland hath always bin held Sacred by our Ancestors, who never were sparing of their Blood to defend it ei_ther from the Invasion of Foreigners, or the mean Compliance of some few of our Princes that were unworthy to wear it; and therfore were either to_tally excluded from it, as the Family of Baliol, or oblig'd to reassert its Right when rescu'd out of the Hands of their Enemies, as happen'd to our William I. and James I.

Providence having now plac'd it on the Head of Your Majesty, whose Heroic Courage is known to all the World, our Nation should be unjust to Your Character to expect any thing less than that our Crown, which You receiv'd free and independent from Your Ancestors, should be transmitted by You with greater Advantages than ever to Your Successors.

Therefore it is, Great Sir, that a privat Subject of Your antient King_dom takes the boldness to vindicate the Soveraignty and Dignity of Your Crown as King of Scots, and to put such as are Enemies to it in mind, that when Edward I. and II. of Eng_land invaded it, the Scotish Nation did gallantly defend it, advanced Robert Bruce to the Exclusion of Baliol the nearest Heir, and ac_quainted the Princes of Christendom that they did so in defence of their In_dependency; adding that they would expel Robert Bruce, if he offer'd to betray their Liberty, and would ne_ver subject their Crown to that of England, whilst there were 100 Scots men alive.

This being the fundamental Con_stitution of our Government, and the Condition on which that Prince and his Successors were admitted to our Crown, they can in no wise be look'd upon as Friends to Your Majesty's Dignity as King of Scots, who call in question what You enact in the Par_liament of that Kingdom, or that offer to traverse it by contrary Pro_clamations.

We are Your Majesty's Subjects as well as our Neighbors, and have an equal Right to share Your Pro_tection, which it's hop'd they will at last be convinc'd it is their Interest to agree to in relation to our Ame_rican Settlement.

Your Majesty's Paternal Affecti_on to the Kingdom of Scotland hath discover'd it self in many In_stances; nor is it desir'd or expected by our Nation, that it should any way interfere with the like Care and Affection, which is owing to our Brethren of England; but there is no reason that they should enjoy a Freedom of Trade throughout the World, and that we should be deni_ed it.

Your Majesty in your Gracious Proposals of an Union, gave suffici_ent Evidence of a Fatherly Concern for both Nations. Therefore as it hath pleased God to make You the Glorious Instrument of our Common Deliverance, that he would also make You the happy Instrument of our inseparable Union; and after a long Reign here, Crown You with Everlasting Glory hereafter, is the sincere and ardent Prayer of,

Your Majesty's Loyal and Affectionate Subject, Philo-Caledon.

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

THE Heads propos'd to be insisted up_on in the following Sheets, are, The Legality of the Scots Establishment: The Advantage or Disadvantage that may redound from it to England: Whether the Scots without the Assistance of the English may be able to maintain their footing in America; and what may probably be the Consequences if the Scots should be oppos'd therein by the English, and miscarry in the Undertaking.

The chief Objections against the Legality of their Establishment, arise from the Memorial delivered in against it to the King, by the Am_bassador Extraordinary of Spain, May 3. 1699. O.S. as follows:

"THE Under-Subscriber, Ambassador Extraordinary from his Catholick Ma_jesty, finds himself oblig'd by express Or_ders, to represent to your Majesty, that the King his Master having receiv'd Information from different places, and last of all from the Governor of Havana, of the Insult and At_tempt of some Scots Ships, equip'd with Men and other things requisit, who design to set_tle themselves in his Majesty's Soveraign De_mains in America, and particularly the Province of Darien. His Majesty receiv'd those Advices with very much discontent, and looks upon the same as a Token of small Friendship, and as a Rupture of the Alliance betwixt the two Crowns (which his Majesty hath observed hitherto, and always observes very religious_ly, and from which so many Advantages and Profits have resulted both to your Majesty and your Subjects) as a Consequence of which good Correspondence, his Majesty did not expect such sudden Insults and Attempts by your Majesty's Subjects, and that too in a time of Peace, without pretext (or any cause) in the very Heart of his Demains.

All that the King desires, is, That this may be represented to your Majesty, and that your Majesty may be acquainted, that he is very sensible of such Hostilities and un_just Procedures, against which his Majesty will take such Measures as he thinks conve_nient. Given at London, May 13/3. 1699.

It were easy to make proper Remarks upon the Weakness, Insolence and Ingratitude of this Memorial, but it is not worth while; all the World knows what the Crown of Spain ows to his Majesty of Great Britain; and therefore a more civil Application might reasonably have been expected to a Prince who hath not only sav'd the Netherlands, but prevented his Catho_lick Majesty from being insulted on his Throne at Madrid. But these things we pass over, and come to the chief Point in the Memorial, which is, That the Scots have posted themselves in the King of Spain's Demains in America, contra_ry to the Alliance betwixt the two Crowns. If this be prov'd to be false, then the Cause of the Complaint ceases, and his Majesty of Great Britain hath reason to demand Satisfaction for the Affront offered thereby to his Justice and Soveraignty.

To prove the Falshood of the Allegation, That the Province of Darien is part of the King of Spain's Demains: It is positively denied by the Scots, who challenge the Spaniards to prove their Right to the said Province, either by Inheritance, Marriage, Donation, Purchase, Re_version, Surrender, Possession or Conquest; which being the only Titles by which they or any other People can claim a Right to those or any other Dominions, if the Spaniards cannot make out their Right by those or any of those, their claim must of consequence be null and void.

It is evident that the Spaniards cannot pre_tend a Title to that Country by Inheritance, Marriage, or the Donation of Prince and Peo_ple; and as to Conquest it would be ridiculous to alledg it, since the Dariens are in actu_al possession of their Liberty, and were never subdued, nor receiv'd any Spanish Governor or Garison amongst them. Nay, they were so far from it, that Wafer, Dampier, and others that have wrote of that Country, do all agree that they mortally hate the Spaniards, were in War with them, and that the Spaniards had no Commerce with those Indians, nor command over them in all the North side of the Isthmus a little beyond Porto Bello. Wafer's New Voyage and Description of the Isthmus of America, p. 11,65,149,150,151.

Capt. Sharp in the Journal of his Expediti_on, published in Capt. Hacke's Collection of Voyages, gives an account, that in 1680 he landed at Golden Island with 330 Men, and be_ing join'd by one of the Darien Princes, whom they call'd Emperor, and another to whom they gave the Title of King Golden-Cap, with some hundreds of their Men, took Sancta Maria, at_tempted Panama, and made prize of several Spa_nish Ships; which is the more remarkable, be_cause Capt. Sharp was afterwards tried in Eng_land for Robbery and Piracy on this very ac_count, but acquitted because of his Commissi_on from those Darien Princes: which is a plain Demonstration that the Government of England did then look upon Darien to be no way subject to Spain, whatever some who are Ene_mies to the Scots, do now say against the Le_gality of their Settlement in that Country. This same Expedition against the Spaniards by the assistance of the Darien Indians, is confirm'd by Mr. Dampier in his Introduction to his New Voyage round the World. And the Bp of Chiapa, a Prelate of their own, in his Relation of the Spanish Voyages and Cruelties in the West-Indies, p. 217. owns "that the Spaniards had not Title to the Americans, as their Subjects, by right of Inheritance, Purchase, or Conquest.

We have likewise a large Account, and a full Confirmation of the War and perpetual Enmity betwixt the Dariens and Spaniards in the History of the Buccaneers of America, Vol. 2. Part 4. wrote by Basil Ringrose, who was one of their Company. There he informs us that the Indians of Darien, and the Spaniards, are commonly at War with one another; and that the Buccaneers were invited into that Country, and join'd by the Darien Princes, Capt. Andreas, Capt. Antonio, and the King of Darien, who assisted them in the taking of Sancta Maria, and their attempt upon Panama; and the King whose Daughter the Spaniards had stole away, promised to join the Buccaneers with 50000 Men. This is the more remark_able, because those very Princes or their Suc_cessors are now in League with the Scots, and have joyfully receiv'd them into their Country. So that it is the strangest Imposition that can be put upon any Nation, and one of the most audacious affronts that ever was put upon so Great a Prince as K. William, for the Spaniards to pretend a Right to Darien, and ac_cuse him of a Breach of the Peace, because a Colony of his Subjects have settled themselves there; when it is so well known to the World that the Crown of Spain has no manner of Title to that Province.

Then as to any claim by virtue of Possession, the Spaniards have not the least ground of Plea: All they can alledg on this Head is, that they were once admitted by the consent of Capt. Diego, another of the Darien Princes, to work on some Golden Mines within 15 Leagues, or therea_bouts, of the Scots Settlement. But it is plain that this makes nothing for their purpose. That Prince admitted them only as Labourers, but not as Proprietors; and when they broke the Conditions on which they were admitted, viz. to allow the Dariens such and such Shares of the Product, they were expell'd again by force; and ever since that time the Dariens refuse to have any further dealings with the Spaniards, who made themselves odious to them by their Treachery and Insolence: So that Mr. Wafer tells us pag. 133. they allow a di_stinguishing Mark of Honour to him who has kill'd a Spaniard: and pag. 179. that La_centa, one of the chief of the Darien Princes, did in his converse with him, express his Sense and Resentment of the havock made by the Spaniards in the West of America, at their first coming thither.

It remains then that the Spaniards can lay no other claim to Darien but what they plead from the Pope's general Grant of America, its being bounded by their Dominions, and the Trea_ties with England, which shall be consider'd in their order.

To urge the Pope's Grant amongst Protestants is ridiculous, and amongst Papists themselves but precarious: but admitting it were sufficient to justify their Title, it is easy to prove that the Spaniards have forfeited all the Right that they can claim by virtue of that Grant.

The Church of Rome will not publickly own her power to grant a Right of Conquest, but in order to propagate the Faith, and not that neither, except the Infidel Prince or People be guilty of a Breach of Treaty. So that the Pope's Grant with those Restrictions is so far from establishing the Title of the Spaniards, that it plainly overthrows it.

That the Indians were committed to the Spa_niards by Pope Alexander VI. on condition that they should teach them the Christian Reli_gion, is prov'd by Don Bartholomew de las Casas Bishop of Chiapa, in his Account of the first Voy_ages and Discoveries made by the Spaniards in A_merica, and the Relation of their unparallel'd Cruelties, p. 195. and there he likewise owns, "that by their acquitting themselves so ill of that Commission, they ought to make resti_tution of all they have taken from them un_der this pretext. And pag. 200. he charges them with breach of the Terms prescrib'd by the Apostolical Brief, tho Queen Isabella, to whom it was granted, earnestly intreated them in her last Will to keep exactly to it. P. 21. he says that the Title of the King of Spain to the Indians, is founded only on the obligation he had taken upon himself to instruct them in the true Faith, as appears by the Apostolick Brief: which they were so far from perform_ing, that instead of converting their Souls, they destroyed their Bodies; having in those early days, viz. in the time of the Emperor Charles V. murder'd above 40 Millions of them; and took so little care to instruct them in the Chri_stian Religion, that they perfectly obstructed their Conversion, and sold those very Idols that some of the poor People had thrown away with abhorrence, to others of the Indians; ibid. p. 14. which, together with their other horrid Impieties, created an aversion in those poor Infidels for Heaven it self; according to the known Story of Hathwey an Indian Prince, ibid. p. 21 "who being fasten'd to a Stake by the Spaniards in order to be burnt, for no other Crime but indeavouring to defend him_self and his Subjects against their Cruelties, ask'd a Friar that was discoursing to him of Heaven, promising him eternal Happiness there if he would believe, and threatning him with Hell if he did not, whether Hea_ven was open to the Spaniards; and being an_swer'd that it was to such of them as were good, replied immediatly that he would not go thither for fear of meeting such cruel and wicked Company as they were, but would much rather chuse to go to Hell, where he might be deliver'd from the troublesom sight of such kind of People. So that their forfeit_ure of all Right or Title to Darien by the Pope's Grant, if it were of any validity, is plainly de_monstrated.

Their next Plea is, that Darien is bounded or inclosed by their Dominions, viz. by Portobello and Carthagena, with their Territories on the North, and Panama and Sancta Maria on the South. To this it is answered, that Darien is bounded only by the Sea on both sides, without so much as a Spanish Fort or Garison, from Nombre de Dios to the Gulf of Darien on the North Sea, or from the River of Chepo to the River of Congo on the South Sea. The Terri_tories of the Spaniards confining on both ends of the Isthmus are not unlimited, but are restricted on both sides by the Dariens, who, as has been already said, were never subject to Spain. Nor is it any new thing in the World for indepen_dent Soveraigntys to lie inclos'd within the Dominions of other Princes; to instance in no more than Orange and Avignon in Europe; Ceu_ta, Metilla, &c. possessed by the Spaniards themselves in Africk, which lie in the very bosom of Morocco, and yet the Spaniards don't think their Title to them e're a whit the worse. The Dutch and Portugueze have both of them Settlements on the Coast of Brasil, to which the Spaniards pretend a Right. The French have Settlements in Hispaniola and Guiana, notwith_standing the Neighborhood of the Spaniards. The English and French have both of 'em Planta_tions in Newfound-land. The Dutch in time of Peace settled on Long Island in the middle of the English Plantations, yet no War ensued up_on it. The English possessed themselves of Bahama Islands, tho the Spanish Fleet passed be_twixt them and Florida: and the English have several times settled at Port-Royal in Campechy Bay, to cut Logwood, &c. and remov'd and settled as they found convenient. K. Charles II. in time of Peace granted a Patent to Dr. Cox to settle a Colony in the Bay of Mexico, which was never question'd by the Spaniards: and the French have now since the Conclusion of the last Peace, planted a Colony on the River Mis_sissipi in that same Bay, against which we hear of no Complaints from Madrid. So that the Plea of the Spaniards from this Topick is per_fectly overturn'd by Common Practice, the Law of Nations, and their own Concessions in parallel Cases.

The Next Plea of the Spaniards is from the Treatys betwixt them and the Crown of Great Britain, of which they alledg the Settlement of the Scots at Darien to be a Breach: But that there's no ground for this Allegation, will ap_pear to those that peruse the said Treatys, viz. that of May 23. 1667. and that of July 1670. wherin there's not the least mention of exclud_ing either Party from enlarging their Domini_ons in America, upon Wastes, or by consent of the Natives, in such places as have never yet been possest by Spain or Great Britain. So that all that can be infer'd from those Treatys is, that they were a mutual Security for the peace_able possession of what each Crown enjoy'd in that Country, and no more; which is sufficient_ly confirm'd by the Patent granted to Dr. Cox, and the settling and removing of the English in Campechy Bay, &c. without Controul, as be_fore mention'd.

Having thus made it evident that the Spaniards have no manner of Title or Right to Da_rien, it is natural in the next place to shew that they themselves are guilty of the Breach of Treaty by proceeding in this Affair as they have done.

By the third Article of the Treaty between the Crowns of Great Britain and Spain, con_cluded at Madrid May 13/23. 1667. it is provided, That if any Injury shall be done by either of the said Kings, or by the People or Subjects of either of them, to the People or Subjects of the other, against the Articles of that Alliance, or against common Right, there shall not therefore be given Letters of Reprisal, Marque or Countermarque, by any of the Confederates, until such time as Justice is follow'd in the ordinary Course of Law. Yet the Spaniards without any such Procedure, or offering in the least to prove their Title to Darien, present a virulent and huffing Memo_rial, at the very first charging the King with want of Friendship, and a breach of Alliance, and threatning to take such measures as they shall think meet: when their sickly Monarchy has not yet had time to breath, since rescu'd from the common Danger wherein Europe was involv'd, by the Arms of that very Prince whom they treat so ungratefully.

But this is not all; for contrary to the ex_press Words of that same Treaty, they attack the Scots by Sea and Land, who had done them no Injury, but acquainted them that they came thither peaceably, without any hostile design against them or any other People; and were so generous as to reject the Motion of Capt. An_dreas, one of the Darien Princes, and their Ally, when he offer'd to make them Masters of Pana_ma, if they would but join him with 500 of their Men.

The Spaniards have also, contrary to the 10th and 11th Articles of the Treaty concluded at Madrid, July 8/18 1670. concerning America, de_tain'd the Scots and English Prisoners who were forc'd ashoar at Carthagena by Shipwrack, tho all such Practices be expressly provided against by the said Articles: and they have also violat_ed the 14th Article of that Treaty which for_bids Reprisals, except in case of denying or unreasonably delaying Justice. From all which it is evident that the King of Great Britain has just reason to demand Satisfaction of the Spaniards for attacking his Subjects contrary to Treaty; and that the Scots being thus injuri_ously treated, may very lawfully, not only make Reprisals upon the Spaniards for them_selves, but join with the King of Darien in tak_ing Sancta Maria, Panama, or any other place belonging to the Spaniards in that Country, of which the Dariens are Natural Lords, and the Spaniards Tyrannical Usurpers, as is pleaded by the King of Darien himself; and therefore he invited the English Buccaneers to assist him to retake it: and by this Capt. Sawkins justified his Proceedings in a Letter to the Governour of Panama, asserting that the King of Darien was true Lord of Panama, and all the Country thereabouts; and that they came to assist him. History of Buccaneers, Vol. 2. part 4. p. 32. And we have mentioned before that Capt. Sharp, who was accused of Piracy, for that same Ex_pedition, and succeeded Sawkins in his Com_mand, was acquitted in England, because he had that Prince's Commission.

Having fully prov'd that the Spaniards have no Title to Darien, it remains to be prov'd that the Scots have as good and just a Title to their Settlement there, as any People in the World can have; which may easily be demonstrated thus:

They were authorized by an Act of Parlia_ment, and the King's Letters Patent, to plant Colonies in Asia, Africa, or America, upon Pla_ces not inhabited, or any other Place, by consent of the Natives, not possest by any European Prince or State. Being provided with this Authority, than which there cannot be a Greater, or one more duly and honestly limit_ed, they equipp'd their Ships, and landed on the North side of the Isthmus of Darien in No_vember 1698. where the Spaniards, as has been fully prov'd, never had any Possession, and no other European Prince or State pretends any Claim to it. Being arriv'd there, they fairly obtain'd the consent of the Princes and People of the Country, and particularly of Capt. An_dreas, who is the chief man in that Tract; and after a solemn Treaty and Alliance deliberatly made, and wrote in Spanish, because the said Prince understands that Language, they peace_ably enter upon their new Colony, without ei_ther Force or Fraud. So that they have re_ligiously kept to the Conditions of the Act and Patent, which is a plain demonstration that they have a just and legal Title to their Settlement, and a Right to the Protection of the Government, against the Attempts of the Spaniards, or any other People whatsoever.

The next Topick to be insisted upon, is the Advantage or Disadvantage that may redound to England from this Settlement. We shall begin with the Disadvantage which consists in the supposed Damage it may do to the Trade of England, and that it may, as is pretended, oc_casion a Rupture betwixt them and Spain. To this we may easily reply, that being a distinct and independent Nation, we are not oblig'd to con_sult their Interest, any further than they con_sult ours; and that we have as much reason to maintain this Colony, because of the Advantage it may bring to our selves, as they have to op_pose it, because of the Disadvantages that they fancy may arise from thence to England. But withal we deny that it can be any damage to their Trade, which from that part of the World consists chiefly in Sugar and Tobacco, neither of which are yet to be found in New Caledonia. But that which we look upon to be a compleat Answer to the Objection is this, That they may be Sharers with us in the Settle_ment if they please, and by consequence Part_ners in the Profits and Trade, and lay it under such Regulations as may prevent its endamag_ing the Commerce of England.

And whereas it is further objected, That by the great Immunities and freedom from Cu_stoms granted to the Scots Company for so ma_ny years, we shall be able to undersel the Eng_lish Company, forestal their Markets, and lessen his Majesty's Customs; we answer, that this Objection is in a great measure obviated, since we do not now pretend to set up an East-India Trade; but admitting it were true, it will be to the general Advantage of the English Nation, since the Buyers are always more than the Sel_lers. It must certainly be better for the King_dom in general, that every one who has occasi_on for Muslin or Indian Silks, &c. should save so many Shillings per Yard or Piece in their poc_kets, than that some two or three Merchants should once in an Age get Mony enough to make a Daughter or two a Countess or Dutchess. Nor can it be denied but it's better for England, that Housekeepers in general should save that Mony to buy Provisions for their Families, which consumes our own Product, than that a dozen of Merchants should be enabled by the extravagant Prices of those Commodities to keep their Coaches. Add to this, that the English if they please by joining with the Scots may have an equal Share of all those Im_munities; and if there should be for some time a lessening of the King's Customs, of which there is at present no manner of prospect, it will be sufficiently made up in time to come by a large addition, if that Colony prospers; so that the King's Bounty in that respect is but like the bestowing of charge to improve bar_ren or waste Ground, which will return with treble Interest to him or his Heirs.

There's another Objection made against the Scots Company, that by their Constitution such Ships as belong to them must break Bulk no where but in Scotland, which will diminish the number of English Ships and Seamen, and make Scotland the only Free Port of all those Commodities. To which it's replied, That tho our own Ships are obliged to break Bulk no where but at home, they don't lay the same Obligation upon others, but, allowing them a free Trade to Darien, they may carry their Goods where they please; or upon fair Propo_sals, there's no doubt but the Parliament of Scotland will give the English all possible Liber_ty as to that matter.

Then as to the hazard of a Rupture with Spain, we reply, That the Spaniards are in no condition to break with England, when they are not able to maintain themselves against the In_sults of the French by Sea and Land: and the only way to secure them in the British Interest is to have a powerful Colony in Darien, which lying in the very Centre of their American Do_minions, and within reach of their Silver and Gold Mines, will be an effectual Curb upon them, and not only prevent their own Hostili_ties, but their joining at any time with our E_nemies; or if they do, being Masters of their Money, we shall speedily cut the sinews of their War.

In the next place we urge that it wil be very much for the Interest and Advantage of Eng_land to incourage and support us in this Settle_ment.

1. Because by this means the Scots will in_crease their Shipping, and come in time to have a Naval Force, capable of assisting the English in the common defence of the Island, in main_taining the Soveraignty of the Seas, and con_voying their Merchantmen in time of War; the necessity of which is obvious enough, since they and the Dutch both have scarce been able to secure their Trade, maintain the Dominion of the Seas, and defend themselves from the In_vasions of the French during the last War. Nor can the English always promise to them_selves the Amity of the Dutch, who are their Rivals in Trade, and differ far enough from them both in Temper and Interest, there's nothing to cement them but the Life of our pre_sent Soveraign: Whereas the Scots being united with the English under the same Government, and inhabiting the same Island, must of ne_cessity have the same Interest as to Trade, and to defend the Country against all Foreign Inva_ders, as they constantly did in former times, against Romans, Danes, Saxons, and Normans, notwithstanding their living then under a sepa_rate Prince, and their frequent Wars with Eng_land. Nor is that brave resistance which a few of them made to the Dutch at Chattam to be for_gotten, which did in a great measure repair the Honour of England, and make amends for the Ignominy and Disgrace which that Attempt put upon the English Nation. 2. As Scotland increases in Shipping, they will increase in Wealth, and by consequence be able to bear a greater share of the Burden of any Foreign War, which will save Men and Mony to England, and lighten their Taxes. 3. The Success of the Scots in their American Colony, will be an additional Strength to the English Plantations in the West Indies, as well as an Advancement of their Trade, by consum_ing their Product, and giving them theirs in exchange. 4. The Success of the Scots at Darien will be of great advantage to England; for the more Mony the Scots acquire by their Trade, the more they will spend in England, which being the Seat of the Government, must frequent_ly be visited by their Nobility and Gentry, who generally furnish themselves in England with their best Apparel, Household-furniture, Coaches and Horses, &c. besides the Mony that the young Noblemen and Gentlemen spend in their Passage through that Nation, when they go ano come from their Travels. These things occasion their laying out vast Sums of Mony annually in the City of London, which being the Seat of the Government, will as cer_tainly draw Mony from Scotland, as the Sun draws Vapours after it. 5. The Success of the Scots in their foreign Plantation, will not only ease England of great numbers of their Pedlars, so frequently com_plain'd of in Parliament by Country Corpora_tions and Shopkeepers, but it will occasion the return home, and prevent the going out of vast numbers of their Youth, who follow the same sort of Imployment, or betake themselves to the Sword in Denmark, Sweden, Poland, Muscovy, Germany, Holland and France; by which means the Government of Great Britain may furnish their Fleets and Armies at a much cheaper and easier rate than formerly, and with as good Ma_riners and Soldiers as any in the World. 6. The English by joining with the Scots and supporting their Colony at Darien, may have their Plate brought home in their own Bottoms, and from their own Mines, with which we are assured that Country abounds, without being obliged to touch at Cadiz or any foreign Port, being liable to the vexatious Indultos of foreign Princes, or in such hazard of being intercepted as they many times were during the late War. 7. The English may by joining with the Scots render themselves more capable than ever of keeping the Ballance of Europe in their hands; a Trust which Nature and Providence seems to have assign'd 'em, since their Situation and Naval Force not only makes it proper for them, but they have had an opportunity put into their hands in little above the Revolution of one Century, of twice breaking the Chains of Europe when threatned with Slavery; first by the Spaniards, and then by the French. This is so much the more evident, that by being possess'd of Darien they will be able either to prevent the uniting the Spanish and French Monarchies; or if not so, to render that Union so much the less dan_gerous, when it will be in their power to seize their Treasure and Dominions in the Indies, without which that bulky Monarchy must fall by its own weight. This is likewise of so much the greater importance, that it may very probably either prevent a religious War, to_wards which the Papists discover so much in_clination, or at least bring it to a speedier Con_slusion: for we have as good reason to look up_on the Spanish Mines in the West-Indies to be Antichrist's Pouch, by which he maintains his War against the Church, as the old Taborites had to call the Silver Mines in Bohemia by that Name. It is certainly the surest Method of destroying Antichrist, to seize his Purse; for if he once be depriv'd of Judas's Bag, he will quickly drop St. Peter's Keys. It's by the Charms of her Gold that the Babylonish Whore hath made the whole World to wonder after her, and the Kings of the Earth to be drunk with the Cup of her Fornication. 8. By this means the English may be better able to prevent the ruin of their Trade in the Mediterranean and West-Indies, if the French should possess themselves of the Kingdom of Spain: and they will likewise be the better able to prevent their possessing themselves of the Netherlands; which if once they should do, and get Ports there capable of holding a Fleet, they would also ruin their Eastland Trade, and put a period to the Liberties of Great Britain. 9. It will effectually unite the Scots to Eng_land by an inseparable Tie, if the English join us in this Undertaking: Their Ancestors would have gladly purchased this Union at a much dearer rate, but were always outbid by France: and the want of that Union made the English not only an easy Prey to their successive Con_querors, but lost them all the large Provinces that they enjoy'd beyond Sea, which were their natural Barriers, gave them a free Access to the Continent, and made the English Name so glorious in the days of their Ancestors. 10. It will be of general advantage to the Protestant Interest, and contribute to the ad_vancement of pure Christianity, without any of the Romish Sophistications: which cer_tainly ought to weigh much with all true Pro_testants; and so much the more, that the Pope and the Conclave or Rome have espoused the Quarrel of the Spaniards in this Affair as a Cause of Religion. Doubtless the poor Americans will be more inclinable to imbrace Christianity, when they find the difference of the Morals and Doctrine betwixt Protestants and Papists, and see that the former treat them with Humanity, and seek their Welfare both in Body and Soul; whereas the Spaniards have render'd themselves, and the Religion they profess, odious, by the inhuman Cruelties and brutish Lusts which they have exercis'd upon so many Millions of the Natives. This is so far from being a Ca_lumny, that an unexceptionable Author of their own, Don Bartholomew de las Casas Bishop of Chiapa, formerly mention'd, who was an Eyewitness of their Cruelties, gives an account that they had in his time destroyed above 40 Millions of the poor Indians; tho they receiv'd them with the greatest kindness imaginable, were ready to do 'em all the friendly Offices that one man could desire of another, and testified their great Inclination to have embrac'd the Christian Religion. But the Spaniards aim'd at the Destruction, and not at the Conversion of the Indians; and are avowedly charg'd with it by the said Bishop, who in many places of his Book declares, that after they had sent for the Chiefs of the Countries to meet them in an a_micable manner, which the poor harmless Creatures did without suspicion of any Fraud, these merciless Tyrants murder'd them by wholesale, on purpose to make themselves ter_rible to them. This was a Practice so inconsist_ent with Humanity, that all the People of the World ought to have resented it; as having much more reason to declare the Spaniards to be Enemies to Mankind, than ever the Roman Senat had to declare Nero to be such.

But this sort of Treatment, compar'd with what they made others to suffer, may well be call'd Mercy: for tho it was Death, the Indians were hereby quickly deliver'd from their Mi_sery; whereas they put multitudes of others to lingring Deaths, that they might fell them_selves die gradually: and yet this is not so in_tolerable neither as the Condition of those poor People that had the misfortune to survive that Cruelty; for the whole time of their Lives un_der that miserable Servitude, is but Death pro_long'd, or making his attacks upon 'em by in_tolerable Labor, and continual Hunger, the most insupportable of all Plagues; those poor Creatures that toil in the Mines, and are im_ploy'd in Pearl-fishing. &c. having no more Sustenance allow'd them, and that too of the coarsest sort, than is just enough to keep Soul and Body together, in order to prolong their Misery. Then let any man, who has but the least remains of Humanity left him, judg whe_ther the Scots could be criminal, if they should have actually landed upon a Spanish Settlement, and have seiz'd the same, in order to deliver their Brethren the Sons of Adam, from such hellish Servitude and Oppression as the above mention'd Bishop describes; and if no man that has any bowels of Compassion within him can say they could, what shadow of rea_son is there to blame the Scots for erecting a Colony where the Spaniards never had any foot_ing?

The next Thing to be consider'd is, whe_ther the Scots without the assistance of Eng_land, may probably maintain their footing there, which there's no doubt may very well be de_termin'd in the affirmative.

1. Because the whole Kingdom of Scotland being more zealous for it, and unanimous in it than they have been in any other thing for for_ty or fifty years past, it is not to be doubted, but they will use their utmost Efforts to support themselves in it by their own Strength; or if that will not do, by making Alliances with o_ther Nations that are able to assist them with a Naval Force. 2. If they meet with no other Opposition but what the Spaniards are able to make to them, it will be easy for the Nobility, and Gentry, and Royal Burroughs of Scotland, to raise Mo_ney upon their Lands, &c. to increase their Stock for the American Trade, and buy Ships of Force to protect it: Nay, without that it's but giving Commission to the Buccaneers to become an over-match for the Spaniards. 3. Supposing the French should offer to join with the Spaniards, and assist them to drive the Scots from Darien, as some say they have al_ready proffered; we are not to imagine that the Spaniards will accept their Proffers in this case, when they refused them as to the driving the Moors from before Ceuta. The Reasons are obvious: They declin'd the accepting their Proffers as to Ceuta, because they would not thereby give the French an opportunity of pos_sessing themselves of any of their Towns in Africa, as it is but too common for foreign Au_xiliarys to do in such cases. Then certainly they have much greater reason to refuse their Proffers as to Darien, America being of infinitly more value to them than some African Towns: and if once the French should get footing there, it would be in vain for the Spanish Grandees any further to dispute the Succession of France to their Crown; for they would immediately seize upon their Mines and Trasures in the West Indies, without which the Spanish Monar_chy is not able to support it self.

Or supposing the King of Spain should live for many years, and by consequence keep the French out of possession; yet having once got footing at Darien, which they will certainly do, if the Scots be expell'd by their assistance, the Spaniards will quickly be convinc'd to their Cost, that they are more dangerous Neigh_bours than the Scots; not only because of their greater Power to do them more mischief, but because of their incroaching Temper, which all Europe is sensible of; and being of the same Religion with the Spaniards, and having of late years set up for the Champions of Popery, they will by the Influence of the Clergy, bring all the Spanish Settlements of America to a de_pendence upon them, and a love for them as the great Protectors of the Catholick Faith; which will at once destroy the Interest of Spain in America.

This will appear to be no vain Speculation, to those that consider the Temper of the Popish Clergy, and the Insolence of the Spanish Inqui_sitors, who so daringly reflected upon the late Alliance of Spain with Protestant Princes and States, tho absolutely necessary to preserve that Nation from being swallowed up by France.

Whereas the Scots being zealous Protestants, and for that very reason hateful to the Popish Clergy and Laity, they are under a moral Im_possibility of having so much Influence to with_draw the American Settlements from the Obe_dience of Spain: and besides, being under an obligation by the principles of their Religion, and their fundamental Constitution, not to in_vade the Property of another, the Spaniards have no cause to fear any thing from them, pro_vided they forbear Hostilities on their part; but on the contrary may find them true and faithful Allies, and useful to assist them in the defence of their Country, if attack'd by the French as in the late War: it being the interest of the Scots as well as of the Spaniards, to pre_vent the accession of the Crown of Spain to that of France.

These things, together with the known En_deavours of the French to procure an Interest a_mongst the Natives of that Country, and espe_cially with Don Pedro and Corbet, in order to a Settlement, make it evident enough that it is the Interest of Spain the Scots should rather have it than the French, who have already been tampering with the Spaniards as well as with the Indians, and doubt not to have a large share of America whenever the King of Spain dies.

But admitting that the Spaniards should so far mistake their Interest, as to accept of the Prof_fers of the French to expel the Scots, it is not im_possible for the latter to find other Allies than the English to assist them with a naval Force to main_tain their Possession.

The Dutch are known to be a People that seldom or never mistake their Interest: They are sensible how useful the Alliance of Scotland may be to them, both in regard of their Liber_ty to fish in our Seas without controul, and of being a Curb upon England, in case the old Roman Maxim of delenda est Carthago, should come any more to be applied by the English to that Republick, as in the Reign of K. Charles II. They are likewise sensible of the advantage it would be to their Trade to be Partners with the Scots at Darien; and how effectual it may be to disable the French to pursue their Claim to Spain, and by consequence to revive the old Title of that Crown upon their own seven, as well as to swallow up the other ten Provinces. These things, together with a long continu'd Amity and Trade betwixt Scotland and Holland, and their Union in Religion and Ecclesiastical Discipline, are sufficient to evince that the Dutch would become our Partners in America with little Courtship. That they are able to assist us in that case with a Naval Force suf_ficient, is beyond contradiction; and that they would soon be convinc'd it is their Interest to do it, to prevent that monstrous Increase of the French Monarchy, is obvious enough from the part they acted in the late War.

But admitting that none of those Considera_tions should prevail with the Dutch, and that they should likewise abandon us; it is not im_possible for us to obtain an Alliance and Naval Force from the Northern Crowns: It's well enough known that those Kingdoms abound with Men and Shipping, and that they would be glad with all their hearts to make an Ex_change of these for the Gold and Silver of A_merica, which they might easily carry from Town to Town, and from Market to Market, without the trouble of a Wheel-barrow, as they are now obliged to do with their Copper. From all which it is evident enough that it is not impossible for the Scots to maintain them_selves in Darien without the Assistance of Eng_land.

The next thing to be discours'd of is, what the consequences may probably be, if the English should oppose us in this Settlement.

We could heartily wish there had never been any ground for this suggestion, and that the Opposition we have met with from England had been less National than that which we had from both their Houses of Parliament, after the passing an Act for an African Company, &c. in ours: and it were to be wish'd that so many of the English had not given us such proofs of an alienated mind and aversion to our Welfare, as they have done since by their Resident at Hamborough, and their late Proclamations in their West India Plantations: and we could have wish'd above all that his Majesty of England had not in the least concurr'd, or giv'n his Coun_tenance to that Opposition; for as King of Scots it is plain he could not do it: he hath confirm'd what we have done by the Touch of his Scepter, which no private Order or Instructions can revoke. And we could wish that his Eng_lish Counsellors, who put him upon those things, would remember that Strafford and Laud lost their heads for giving K. Charles I. that fatal Advice of oppressing and opposing the Scots.

We did verily think that the suffering of our Crown to be united with that of England in the Person of K. James their First, and our Sixth; our seasonable coming to the rescue of their expiring Liberties in the Reign of K. Charles I. our being so instrumental to rescue them from Anarchy and Confusion, by the Restoration of K. Charles II. and above all, our generous and frank Concurrence with them in the late happy Revolution, and Advancement of K. William III. We did verily think that all these things deserv'd a better Treatment; and to evince that they did, we shall beg leave to insist a little upon the first and last.

The English have no cause to think that we were ignorant of the Reason why their politick Henry VII. chose rather to match his eldest Daughter with the King of Scots, than with the King of France, because he foresaw that if the King of Scots should by that means come to the Crown of England, he would remove the Seat of his Government thither, which would add to the Grandeur and Riches of Eng_land: Whereas if the King of France did by that means fall Heir to the English Crown, he would certainly draw the Court of England to Paris. This the Scots were so far from being ignorant of, that many of the Nobility and Gentry did express their dislike of the Union of the Crowns, as well knowing that it would reduce our Kingdom into a Subjection and De_pendance upon England, and drain us of what Substance we had; and therefore some of them express'd themselves on that occasion, that Scotland was never conquer'd till then: yet such was our Zeal for the common Welfare of the Island, the Interest of the Protestant Religion, and of Europe in general, which were then almost in as much danger by Spain, as they have been since by France, that we quietly and freely parted with our King, and suffer'd him to ac_cept the English Crown, rather than that Nati_on should be involv'd in War and Confusion, and the Protestant Religion indanger'd by ano_ther Successor, as it must necessarily have bin, had the Infanta of Spain, whose Title was then promoted by the Popish Interest, succeeded. And all the reward we had for this Condescen_sion and Kindness, was a contemptuous and dis_dainful refusal, on the part of England, of an Union of the Nations when proposed, tho the same would visibly have tended to the benefit of the whole Island, the general advantage of Eu_rope, and the security and increase of the Prote_stant Interest. And our King was so little thank_ful on his part, that tho he promis'd solemnly in the Great Church of Edinburgh before his departure, that he would visit his Antient King_dom once in three years, he never saw it after but once, and that not till 14 years after. And by the influence of that same Faction in Eng_land, who are still our enemies, he made Inno_vations both in Church and State, contrary to the Laws of the Land, and his own solemn Oath; which laid the foundation of all those Disasters that ended in the fatal exit of his Son, and the subversion of the Government of both Nations. These were the first Advantages we had by the Union of the Crowns.

His Son King Charles I. had scarce ascend_ed the Throne, when we had new Proofs of the Disadvantages we labour'd under by that Uni_on; for he by the Advice of some Enemies to our Nation, did in an imperious and arbitrary manner send for our Crown, tho the only Mo_nument almost left us of our Independency and Freedom; but was generously answer'd by him that had it in keeping, That if he would come and be Crown'd in Scotland, he should have all the Honour done him that ever was to his An_cestors; but if he did not think it worth his while, they might perhaps be inclin'd to make choice of another Soveraign, or to that effect; as recorded in the Continuation of Sir Richard Baker's History. Another Disadvantage we had by that Uni_on of the Crown, was this, That that unfortunate Prince being inspir'd with an aversion to the Constitution of our Country, by his Education in the Court of England, he made an unnatural War upon us to bring us to a Conformity with England in Church-Matters. We shall not here offer to debate which of the Churches was best consti_tuted, or most agreable to the Scripture-Pat_tern: It suffices for our Argument, that we were injur'd in having a foreign Model offered to be obtruded upon us, which was the Con_sequence of the Union of the Crowns, and of having our King educated in another Nation; but that was not all, another mischievous effect of the Union was this, that whatever King Charles had deserv'd at our hands, yet out of natural Affection, Conscience and Honour, we were oblig'd to do what we could to prevent his illegal Trial and Death, and to defend his Son's Title, which threw us into Convulsions at home, occasion'd us the loss of several Armies, and expos'd our Nation afterwards to ruin and devastation by our implacable Enemy the Usurper, which together with the ungrateful Retributions made us by the Government after the Restoration, were enough to have wearied any Nation under Heav'n, but our selves, of the Union of the Crowns.

Yet such was our Zeal for the Protestant In_terest, the Welfare of the Island, and the Liber_ty of Europe, that tho we had a fair oppor_tunity of providing otherwise for our security and the Advancement of our Trade, and of forming our selves into a Commonwealth, or of bringing England to our own terms, yet we frankly and generously concurr'd with them to settle our Government on the same Per_sons, and in the same manner as they did theirs, and all the Reward we had from them is, that an Union of the Nations, tho twice propos'd by his Majesty in Parliament, hath been contemptously rejected, our King questi_oned by a Parliament of England for an Act of his Parliament in Scotland, which is a mani_fest Impeachment of our Soveraingty; a Com_pliance with which excluded Baliol and his Heirs for ever from our Crown; and to this they have added an opposition to our receiving foreign Subscriptions at Hamburgh and else_where, refus'd us a Supply of Corn for our Mony, to relieve us in our Distress; and dis_courag'd our Settlement at Darien, by forbid_ding their Subjects to trade with us there. If these continued Slights and Injuries be not enough to make us weary of the Union of the Crowns, let any Man judg.

To discover a little of the unreasonableness of this sort of Treatment, we dare appeal to the calm thoughts of such of our Neighbours in England, as prefer the Interest of the Publick to private Animosities, and foolish ill-ground_ed Piques, either as to Church or State; whe_ther at the time of the Revolution, and before we declar'd our selves, they would not have been willing to have assur'd themselves of our Friend_ship, at the rate of uniting with us as one Nation? Had we but demurr'd upon forfeiting the late K. James, or made but a Proffer of renew_ing our antient League with France, and joining with that Crown to keep that Prince upon the Throne of Great Britain; they know we might have made what Terms we pleas'd with the late King and Louis XIV. on that conditi_on, and might have been restor'd to all the Ho_nours and Privileges that our Ancestors enjoy'd in France, which were almost equal to those of the Natives; and yet that gallant Nation thought it no disparagement to them, howe_ver we be despis'd and undervalued now by a certain Party in England.

Had we but seem'd to have made such Over_tures, the English must needs have foreseen that the natural Consequences of such a Design, if it had taken effect, must have been these, viz. the late King's Adherents in England would cer_tainly have join'd us, and our Nation would have afforded them a safe retreat, in case of any Disaster, till they could have concerted Matters to the best advantage; the late King would not have yielded himself such an easy Conquest, nor disbanded his Army in such a manner as he did; Ireland had certainly never revolted, since every one knows that the Revolution was be_gun, and in a great measure perfected there by the Scots of the North; so that England must have become the Theatre of War, bin liable to an Invasion from France on all occa_sions, would only have strenghtened her Fetters by struggling with them, and expos'd all the Patriots of her Religion and Liberty to But_chery and Destruction.

These must certainly have been the Conse_quences of our adhering to the late King, and the English would have thought they had had a very good Bargain if they could have bought us off in that case with uniting both the King_doms into one, and granting us a joint Trade to their own Plantations; wheras now they will not allow us to settle a foreign Colony of our own, and treat us as Foreigners in theirs.

To shew that this is not a mere Conjecture, that has no other ground but a Vision of the Brain, they may be pleas'd to consider the ho_norable Privileges granted us by their Ancestors, and some of the greatest Princes that ever sway_ed their Scepter, viz. King Edward and William the Conqueror, who by the Consent of the States in Parliament assembled, enacted, That the Scots should be accounted Denizons of Eng_land, and enjoy the same Privileges with them_selves, because of their frequent Intermarriages with the English, and that they did ever stand stoutly as one Man with them for the common Utility of the Crown and Kingdom, against the Danes and Nor_wegians, fought it most valiantly and unani_mously against the common Enemy, and bore the burden of most fierce Wars in the Kingdom. This they will find in a Book call'd, Archaionomia, trans_lated from the Saxon by William Lambard, and printed at London by John Day in 1568.

It must be granted, that the Reasons of such a grateful Retribution are redoubled now: In_termarriages betwixt the two Nations are more frequent than ever; the Union of the King_doms under one Crown for almost 100 years; the generous Concurrence of the Scots in the last Revolution; their loss of so many gallant Officers and brave Soldiers in the common Cause during the late War, and the preserva_tion of Ireland, which hath been twice owing to our Countrymen, might reasonably entitle us to the same Privileges now, that our Ance_stors were formerly allow'd by King Edward, and William the Conqueror. We need not in_sist on another sort of Obligation, that we have put upon England twice within this 60 years, viz. the delivering them from their Oppressions in the time of K. Charles I. the Anarchy of the Rump, and several Models of Armys and Jun_tos, by encouraging General Monk's Undertak_ing; for it cannot be denied that we had the Ballance of Europe in our hands at the time of the last Revolution, and that we turn'd the Scale to the advantage of England in particular and of Europe in general, which must be allow'd to be as great a Service, as that which was so thankful_ly rewarded by Edward, and William the Con_queror; whence it is evident that those English_men, who at present oppose our Settlement in America, don't inherit the gratitude of their Ancestors, when they not only will not allow us to trade in conjunction with them, but withstand our doing any thing that may advance a Trade by our selves.

If they object that what we did in all those cases was no more than our duty, and what we ow'd to our own Preservation as well as to theirs: it is easy to reply, that admitting it to be so, yet by the Laws of God and Men People are incourag'd to perform their Duties by Re_wards; and their Ancestores were so sensible of this, that tho they knew we were equally con_cern'd to defend the Island against foreign In_vaders as well as they, yet they thought them_selves oblig'd in Policy as well as Gratitude, to reward us; which they not only did by that Ho_norary Premium of allowing us to be Denisons of England, as above-mention'd, but sometimes gave to us, and at other times confirm'd to us the three Northern Counties of Northumberland, Westmorland, and Cumberland, bo be held in Fee of the Crown of England.

It is likewise very well known with how much Honour the Parliament of England treated us, when they courted our Assistance against K. Charles I. and what large Promises that Prince made us, if we would have but stood Neuter; which tho we had reason to think ma_ny of those that opposed him had no great kind_ness neither for our Civil nor Ecclesiastical Constitution, yet the sense that we had of the common Danger that our Religion and Liber_ties were in at that time, made us proof a_gainst all those Tentations; so that after all Endeavours for a Reconciliation betwixt the King and the Parliament of England prov'd un_successful, we sent in an Army, which cast the Ballance on the side of the latter; who before that time were reduc'd low enough by the King's Army, as is very well known to such as are acquainted with the History of those times, and is own'd by my Lord Hollis in his Memoirs lately publish'd.

But to return to the last Revolution: Tho we must own that we owe our Deliverance to his present Majesty, and were oblig'd in Consci_ence and Honour to concur with him; yet who could have blam'd us to have stood upon Terms before we had fallen in with England? especially considering how ungratefully (nay villanously) we were treated by Cromwel and his Party, after we had sav'd them and the Parliament of England from the Scorpions that the Cavaliers had prepar'd to chastise them with; as is own'd by the said Lord Hollis. Nor could we have been any way culpable, if we had stood upon higher and surer Terms with his Majesty, considering how unthankfully we were abus'd and enslav'd by our late Kings, for whom we had acted and suffered so much. And tho we must own that no less Present than that of our Crown was sufficient to testify our Gratitude for what the Prince of Orange had done for us, yet we were under no necessity of gratifying him in that manner, since our Deliver_ance was effected before hand, and that he himself in his Declaration express'd it to be no part of his design to come for the Crown; so that our Reward was as frank and generous as his Service.

Then as to England, we were under no man_ner of obligation to continue the Union with them: We might have insisted upon having our King obliged to reside as much amongst us as amongst them: that we should be govern'd without any consideration or respect to their Interest, any further than it fell in with our own. We might have insisted upon an Act that we should not be oblig'd to attend his Ma_jesty at any time at the Court of England, a_bout our Affairs; but that he should either at_tend upon our Administration in person pro re nata, as he does now upon the Affairs of Hol_land, or lay down Methods to have his Pleasure signified to us at home in such cases as it was requir'd; which would save a vast deal of Mo_ney annually to the Kingdom of Scotland. Then as to the Succession, we were under no necessity of settling it in the same man_ner as they did in England: for since they had made a Breach in the Line, they could not hand_somly have blam'd us to have made an improve_ment of it, and either to have limited the Reversi_on after his present Majesty's Death, or otherwise as we should have thought best, for the security of our Civil and Religious Liberties; or we might have settled it upon the Prince of Orange and his Issue by any other Wise, there being cause enough then to conceive that he was never like to have any by his late excellent Princess. Had we taken any of these Methods, it must be own'd that England would have been consider_ably weakned, and lessen'd in the Esteem of the World by it; that we should have thereby had an opportunity of making such foreign Allian_ces with France, as formerly, or with any o_ther Nation, as would have made England un_easy, and perhaps unsafe on occasion; and therefore it must be reckon'd highly impolitick, as well as ungrateful, in our Neighbours to treat us continually as such a rate, as if they had a mind to bring us under subjection, since we have so many open Doors to get out at.

They must not think that we have so far de_generated from the Courage and Honour of our Ancestors, as tamely to submit to become their Vassals, when for 2000 years we have main_tain'd our Freedom; and therefore it is not their Interest to oppress us too much. If they consult their Histories, they will find that we always broke their Yoke at long-run, if at any time we were brought under it by Force or Fraud. The best way to assure themselves of us is to treat us in a friendly manner: Tho we be not so great and powerful as they, it is not impossible for us to find such Allies as may en_able us to defend our selves now as well as for_merly.

None of these things are suggested with an ill design to raise Animosity betwixt the Nations, or to perswade to a Separation of the Crowns, but merely to shew those of our Neighbours, who use us so unkindly, that they are bound in Gratitude, Duty and Interest to do otherwise, and particularly to support us in our American Settlement, and not to lay our King under a necessity by their froward Hu_mours in Parliament or otherwise, to discou_rage us in that Undertaking, as they have hi_therto done, and continue still to do in their American Colonies, by their Proclamations a_gainst having any Commerce or Trade with the Scots at Darien; tho they be settled there according to the Terms of his own Patent, and an Act of Parliament in Scotland.

We are not insensible that the present Jun_cture of Affairs obliges the Kingdom of England to carry fair with Spain, and may admit that in part as an Apology for some of that Oppo_sition we have met with from them; but the questioning our Act of Parliament at first, and their hindering our Subscriptions at Hamburgh afterward, before ever they knew what our de_sign was, make that Excuse of little weight, but allowing it all the force they would have to bear, it may be worth their while to con_sider whether it be more their Interest to incou_rage the Spaniards in an unjust Opposition to our American Settlement, or to support the Scots in maintaining their Right. It is certain that the Spaniards are in no condition to break with England; or if they should, it's in the power of the English to reduce them speedily to reason: whereas if the Scots should miscarry in their Undertaking by the Discouragements from England before-mentioned, which exposes our Ships to be taken and treated as Pirates by any Nation that pleases, the infallible consequence of it will be, that the Ruin and utter Impove_rishment of Scotland, which must necessarily fol_low such a Miscarriage, will immediatly affect England both in her Trade and Strength: The City of London and the Northern Road will soon feel the effects of it, when the Money spent by our Gentry and Merchants continually for Cloaths, Provisions, and Goods, ceases to circulate there: England must unavoidably become an easier Prey to any foreign Ene_my; since it will not be only the Loss of a Tribe, but of an entire Sister-Nation. Or supposing that Scotland should be able to bear up under the Loss, it will lay the foundation of an irre_concilable Feud, and perhaps issue in a War be_twixt the two Nations; which did never yet terminate at long-run to the advantage of England, and is as unlikely to do so now as e_ver: for in such a case they would find us una_nimous as one Man against them; whereas we are sure that all those who wish well to the Protestant Interest, and their present Constitu_tion, would never join in any such War against us; and therefore those who are Enemies to the Peace of the Nations, being aware of this, labour to effect their Design by another Method, and endeavour as much as they can to dash the Government and us against one another. But they are mistaken in the People of Scotland: we are so sensible of our Obligations to K. Wil_liam, and know so well what is due to our De_liverer, that it surpasses all their Art to create in us the least ill thought of him; it is not in the temper of our Nation. The World knows that however frequent and successful we have been in reducing our bad Kings to reason, yet there never was any People under the Sun more loyal and affectionate to good Princes than we have been; and if, when we have been forc'd to oppose our Monarchs, private persons have sometimes carried their Resentments too high, yet the publick Justice of the Nation was al_ways govern'd with Temper. We could mul_tiply Instances to prove this, but need go no higher than the three last Kings, who tho all of them Enemies to our Constitution, as ap_pear'd by their Principles and Practices, yet it's very well known what we both did and suffer'd for them, and particularly for K. Charles I. tho the Malice of a Faction in our neighbouring Nation fix'd a scandalous Reproach upon us, as if we had sold him; from which Reflection we are sufficiently vindicated by the Lord Hollis's Memoirs before-mentioned; wherein that ex_cellent Person makes it evident, that tho our War against that Prince was just, yet we had all possible respect for his Person, made the best Conditions we could for his Safety and Honour, and to avoid greater Mischiefs, and the playing of our Enemies game to the ruin of our selves and his Majesty, we were necessitated to leave him in England. Memoirs p. 68.

Then since we carried it so to a Prince that had been no way kind to us, it will be impos_sible to create a Breach betwixt us and a Prince, to whom, under God, we owe all that we en_joy as Men and Christians: But at the same time our Neighbours, who think to drive that Nail as far as it will go, would do well to con_sider that we never believ'd that Do_ctrine in Scotland, that it is unlawful to resist a King, or any that have a Commission under him, upon any pretence whatsoever: we left that Doctrine in Scythia, from whence some Authors derive our Origin, and think it only fit to be sent back to Turkey, from whence it came. We know very well how to distinguish betwixt a lawful Power, and the abuse of it; and our Ancestors rightly understood how to obey the lawful Commands of their Princes, when Ma_sters of themselves, and how to govern by their Authority, and in their Name, when they were not; tho they did not think themselves obliged to obey their personal Commands, when the Fortune of War, or other Accidents had put them into the hands of our Enemies. Thus we refused Obedience to K. James I. when detain'd Prisoner in England contrary to the Law of Nations, and carried over into France, to command his Subjects there not to bear Arms against the English Army, where he was in Person. We told him we knew how to di_stinguish betwixt the Commands of a King and those of a Captive: and that most of the Kings of Scots have been such in relation to us since the Union, we could heartily wish were not too demonstrable.

To return to the point of what may probably be the Consequences if the English should pro_ceed to any further degree of opposition; or if the Scots should miscarry in the Design. It's reasonable to believe that the English will be so wise as to forbear Hostilities, tho we are very well satisfied there is a Party in that Nation who bear ours no good will; but they being such as are either disaffected to the present Con_stitution, or acted by a sordid Principle of pri_vate Interest, it's to be hop'd they will never be able so far to leaven the sound part of the English Nation, as to occasion a Rupture be_twixt them and us: yet we must needs say that we look upon their way of treating us to be a very unaccountable thing, and that it was no small surprise to us, to find that an English Par_liament should look on our taking Subscriptions in England in order to admit them Joint-Sharers with our selves, in the benefit of the Act to encou_rage our Trade, to be no less than a high Mis_demeanour. We have reason likewise to com_plain of their constant practice of pressing our Sea_men in time of War, as if they were their own Subjects, and that they should treat us in other respects as if we were Aliens; and sometimes confiscate Ships, by reckoning Scots Mariners as such: so that the English have not only depriv'd us of our Government and the warm Influen_ces of our Court, the want of which is a consi_derable addition to the natural coldness of our Climate, but they likewise oppress us on all occasions, and do manifestly endeavour to pre_vent our Application to Trade. We know there's a Party in that Nation, who think we sustain'd no great loss by the removal of our Princes; but we would wish them to consider what a murmuring they themselves make when the King goes annually to the Netherlands (tho the safety of Europe requires it) because of the damp it puts upon Trade, and the Mony it carries out of the Kingdom. Let them consi_der then what our Nation has suffer'd in that respect now for almost 100 years, besides the lessening our esteem in the Eyes of the World, so that our Honour and Substance are both swal_low'd up by the Kingdom of England; and yet they will neither admit us to the privileges of Fellow-Subjects with themselves, nor suffer us to take such measures as may inable us to stand on our own bottom. Certainly this is not the way to establish the Peace, nor to increase the Wealth of the Island.

We know that it was a Maxim in some of the late Reigns, That it would never be well till all that part of Scotland on this side Forth, were reduc'd to a hunting Field; but we were in hopes the bitterness of those days had been past: yet it seems that Party have still so far the ascendant amongst our Neighbours, as to procure a publick opposition to all our Endea_vours for raising our Nation by Trade.

It will upon due examination be found as bad Policy as it is Christianity, to urge, as some of our Neighbours do, that it is the Interest of England to keep the Scots low, because they are an independent and free Nation, and were our antient Enemies; and therefore may be dangerous Neighbours if they grow rich and potent. Nothing but Rancour and inveterate Malice can suggest such sour thoughts as these. It were fit that sort of Men should be purg'd of their Choler. The Scots to obviate all dan_gers from that Head, have, tho they be much the antienter Nation, condescended so far as several times to propose a Union, which the Gentle_men of that Kidney have hitherto prevented; and therefore we would wish them to look back into their Histories, and upon casting up their Accounts, make a true Estimate of whatever they gain'd by a War with Scotland. They will find that their Ancestors, as well as the Ro_mans, have been sensible, as Tacitus expresses it, Quos sibi Viros Caledonia seposuerit; and that as it was true what our Historian says of the un_just and treacherous War made upon us by Ed_ward I. that Scotorum Nomen pene delevit; it was also true what he says on the other hand, that Angliam vehementer concussit: So that those Gentlemen take the direct way by opposing and op_pressing us to run into those dangers they would avoid; for they may assure themselves that if the English Opposition to our American Settle_ment should once break out into Hostilities, the Scots will find some Allies, antient or new, that will be glad of the opportunity to join with them. Or if, which is most probable, tho highly ungrateful and impolitick, the English should so far neglect the Scots, as to suffer them to be overpower'd by the French, they may be sure that the Scots, when put to their last shift, can always make an honourable Capitula_tion with France: It's not to be doubted, but that Crown would be very willing to renew their antient Alliance with us; and besides al_lowing us a Share at least in the Trade of Da_rien, would on condition of giving them the Possession of New Caledonia, restore us likewise to all our antient Privileges in France. They would think it a very good purchase if they could secure themselves of that Colony by do_ing so, granting us what security we could rea_sonably desire for the uninterrupted Injoyment of the Protestant Religion, and a Freedom of Trade to all places of the World where it did not actually interfere with their own Settle_ments and Colonies. So that if this should be the case, we leave it to our Neighbours to judg what would become of their East and West India Trade and Plantations, and of their own Liberty, and whether they would be able to stand out against France and us, now that they have no footing on the Continent, since formerly, when they had so many Provinces of that Kingdom in their possession, they found it a hard matter to do it, and at last lost every foot of their French Dominions: Where_as had they been in Union with us, they might certainly have retain'd them, and by conse_quence have prevented the great Calamities that Europe hath since groan'd under by the prodigi_ous Increase of the French Monarchy.

This we think sufficient to convince those angry Gentlemen in our neighbouring Nation, that are so very much disgusted with our Ame_rican Settlement, that it is the Interest of Eng_land to join with us and support it, and that it may be of dangerous consequence to them ei_ther to oppose or neglect us: Whereas by join_ing cordially in this matter, they may unite us inseparably to themselves for ever, inrich their own Nation, secure and advance the Protestant Interest, keep the Ballance of Europe in their hands, and prevent the returns of its danger, their own expence of Blood and Treasure to save its being threatned with Slavery any more, either by the House of Bourbon or Austria. Therefore we cannot believe after all, but our wise and politick Neighbours will at last see it their Interest to protect and incourage us in this matter, that we may mutually strengthen and support one another against the French, who are loudest in their Clamours against our Settle_ment, because if incourag'd and improv'd it will defeat all their ambitious and Antichristi_an Designs; and thereby we shall also be in a condition to assist the English Plantations in the West Indies, who as we find by the proceedings of the Earl of Bellomont and the Assemblies of New England and New York, are sufficiently sensible of their danger, from the incroaching temper of the French, which increases every day; and it is evident that their new de_sign'd Colony in Mississipi River looks with a dangerous Aspect upon all the English Planta_tions in America, and may be more justly esteem_ed an Incroachment upon Spain, as being in the Bay of Mexico, than our Plantation in Da_rien: which argues the treacherous Humour of that Nation, to make such an Outcry against the Scots who have invaded no Mans Property, when they them_selves are so notoriously guilty of it; and therefore it would seem to be the Interest of England rather to strengthen themselves by our Friendship, and to look after the French, than to provoke us to look out for other Allies by their opposition and neglect.

We shall conclude this matter with one or two more Arguments to prove, That it is the Interest of England to join with us in this Af_fair; by which also it will appear that there is nothing advanc'd in these Sheets out of any ill Design against the English Nation, or to per_swade to a disuniting of the Crowns; but on the contrary, that a stricter Union is absolutely necessary, that both Nations may have but one Interest, which will render us less liable to Con_vulsions and intestine Commotions at home, and put us out of danger of being attack'd by Enemies from abroad.

The first Argument is this; That by incou_raging our Settlement at Darien, English Ships that have occasion to pass by those Coasts will there be certain of a place of Retreat in case of attack either by Enemy or Tempest, without danger of being confiscated by the Spaniards, and having their Men condemn'd to be perpe_tual Slaves in the Mines. 2. If we be incouraged in our American Colony, it will contribute much to heighten the Consumption of the English Product; since what we have not of our own, or wherein we are wanting either as to quality or quantity, we shall supply our selves, for the use of our Plantation, in England; which may be of great benefit to the Northern Counties especially, whence we may conveniently furnish our selves with Beeves for victualling our Ships, our own Cattel being for the most part too small for that use; besides many other things that we shall have occasion to export from England for the use of the Plantation, and to maintain a Commerce with the Natives. 3. By joining with us in this Colony, and securing a Post on the South-Sea, which the Princes of Darien will no doubt very readily a_gree to, they may shorten their Voyages to the East-Indies, and by that means be able to outdo all their Rivals in that Trade: but if they will be so far wanting to themselves, as to suffer those advantages to fall into the hands of others who are Enemies to our Religion and common Country, they cannot blame the Scots, who have made them such fair Offers; and if our Nation should miscarry in the Attempt, they themselves cannot expect to stand long, but must be buried in the common Ruins, and fall unpitied. 4. If after all the English should continue obstinate in their Opposition to us, as their late Proclamations in America, and other Pas_sages would seem to imply they have a mind to, the World cannot blame the Scots to provide for themselves by such other Alliances as they shall think meet; since the English are so un_kind, and have been constantly growing upon us, especially since the Restoration of King Charles II. to which we did so much contribute, that without our concurrence it could never have been effected. This will appear to be in_controvertibly true, if we consider that in the time of K. James I. we were under no Re_strictions as to matters of Trade more than they, except as to the exportation of Wool, and a few other things of English Product; and so we continu'd till the Restoration, when K. Charles II. and the English did very ungratefully lay such Preclusions and Restrictions upon us con_trary to the Laws relating to the Postnati, by the 12th of Car. 2. for the incouraging and in_creasing Shipping and Navigation, and the 15 Car. 2. for the incouragement of Trade; by which we are put in the same Circumstances as to Traffick with France and Holland, and in a worse condition than Ireland that is a Conquest; which is so much the more unreasonable, since we are always involv'd and ingag'd in the Wars betwixt England and other Countries: and those with whom they have most frequent Wars, being Holland and France, the only two Na_tions with whom the Scots have almost any Commerce, our Trade must of necessity sink during such Wars, whereas England hath still a great Trade to other parts of the World; and by this means we are forc'd to be sharers in their Troubles, tho they will not allow us to partake of their Profits, nor suffer us to take a_ny measures to procure such as we may call our own.

It is plain from the Instance of Darien, and the Proclamations in the English American Colonies against their Subjects entertaining a_ny Commerce with our Settlement there, that by the Union of the Crowns upon the present footing, we are in a worse condition than ever; for when any thing happens wherein the In_terest of England seems to be contrary to ours, it is certainly carried against us, and we are left without remedy: so that in this respect we are in a worse condition than any Foreigners, with relation to England; for if a foreign People dis_cover any thing that may be of advantage to them, they are at liberty to pursue it by themselves, or to take in the Assistance of others; and if they find themselves aggriev'd by Eng_land, they have their respective Governments to make application to for redress: but we are the most unhappy People in the World; for if Eng_land oppose us, we have no King to appeal to, but one that is either an Alien and Enemy to us, as being King of a greater People who are such, or if he be inclinable to protect and do us Justice as King of Scots, he is a Prisoner in England, and cannot do it: If they question him in the Parliament of England for any thing relating to his Government of Scotland, as in the case of our late Act for an East-India and African Trade, his Interest as King of England obliges him to submit himself as King of Scotland; by which means our Crown, which we defended so gal_lantly for so many ages, and which the English could never make subject to theirs by force, is now intirely subjected by a false step of our own, in suffering our King to take their Crown upon him without making better terms for our selves: So that instead of having a King to fight our Battels, we have made a surrender of our Prince to the Enemy, who arm him against us; and which is worst of all, we have fal_sified our own Proverb as to our selves, That Scots-men are wise behind hand: for tho we suf_ficiently smarted for it in the four last Reigns, yet we had not so much foresight or care of our selves as to prevent the Consequences of it in this Reign, when it was in our power to have done it. Then if we make application to our antient Allies, or any other foreign Power for Assistance, when we groan under Oppression, we are treated as Rebels: Thus our whole Na_tion was proclaim'd such for but offering to make application to the King of France, as our antient Friend and Ally, when a certain Par_ty in England had arm'd our natural Soveraign K. Charles I. against us. And that which is still worse, tho our Crown from the time of the Union has been for the most part on the Head of an Alien or Enemy, yet it has influ_ence enough to divide us amongst our selves a_gainst the Interest of the Nation; as in the Reign of K. Charles II. those that comply'd with the Court of England were brib'd with all the chief places in our Administration, whilst those who were true Patriots to their Country (as for Honour sake to instance only in the late Great Duke of Hamilton, and our pre_sent Lord High Chancellor) were expos'd to all manner of Dangers and Vexations. This we think sufficient to convince our Neighbors that we have no reason to be fond of having the Union of the Crowns continu'd, except the Interest of the Nations be more closely uni_ted than ever they have hitherto been. And to let them see that it is their interest as well as ours it should be so, we shall only desire them to consider how fatal it may be to them, if by any Emergency we should be forc'd to break off the Union of the Crowns, and enter again into a French Alliance. It's in vain for them to object that in such a case we should betray our Religion; for we see the persecuted Hungarians were protected in that by the Turks, tho sworn Enemies to it: nor is it impossible but there may be a Change as to that matter in France; L. XIV. is not immortal: and even Julian the Apostate himself found it his Interest for some time to protect the Orthodox Christians, whom he mortally hated. But supposing (as indeed there's no great likelihood of it) that no such Alliance as this should ever happen; yet how_ever, if these two Nations be not more closely united, it may be of ill consequence to England, if any of their Kings at any time should be so far disgusted with their Proceedings, as to leave them, and betake themselves to us. What a Field of Blood and Slaughter must England have become, had we carried off K. Charles I. when he came to our Army, or if we had join'd him against the Parliament of England? What great Efforts did a Party of our Nation make to inthrone K. Charles II. when England was a_gainst him? and how did our Concurrence afterwards with General Monk effect it? How soon did our espousing the D. of York's Interest turn the Tables upon those that opposed him in England? And if our Nation had likewise e_spous'd his Cause before the Revolution, the Viscount of Dundee gave a sufficient proof what we could have done for him. There's a strong Party in England at present against allowing the King a standing Force, for fear, as they pretend, of losing their Liberties; but all their Opposition in that respect would signify little, if (in case of a Rupture) our Nation should take part with the Court, and bring in 22000 men, with 6 weeks Provisions and Pay, as we are oblig'd to do by Act of Parliament, for his Assistance. This makes it evident that it is not the interest of England to slight an U_nion with us so much as they have don: for so long as we remain divided, any King that is so minded, may make use of us to inslave one a_nother; and any envious Neighbour, whose Interest it is to keep this Island low, will be sure to blow the Coals. If they'd but turn the Tables, and make our Case their own, they would quickly be satisfied of the truth of what we advance. Supposing that the Government of Scotland should traverse the Actings of the Government of England in relation to their Trade, &c. as they have done ours; and sup_posing that a Parliament of Scotland, when the King were there, should question him for the Navigation Act, and that for the Incourage_ment of Trade in England by K. Charles II. which lays us under such hard Circumstances and Re_strictions, the English would certainly very much resent it, and speedily tell us we meddled with what did not belong to us: Then why should they deny us the like liberty in reference to their Proceedings against us, seeing we are a free Nation as well as they?

They cannot think that the Kingdom of Scotland will look upon the English Proclama_tions in the West-Indies, against having any Commerce with our Colony at Darien, to be the Act and Deed of a King of Scotland, since it is not only contrary to his own Act of Parlia_ment there, and his Patent under the Great Seal of that Kingdom, but contrary to the In_terest of that Nation: but being the Act of a person who is really King of Scots, we can look upon it to be no other than the effect of a force put upon him by a Nation which in this matter thinks it their Interest he should do so. Now suppose, which God forbid, our Colony should be starv'd by virtue of those Proclama_tions, or that our Ships going and coming from Darien, should by reason thereof be attack'd, and treated as Pirates by the English, French, Dutch, or any other Nation, who may take the opportunity to do it, and say our King has de_clar'd against us; to whom should we make application for redress in this matter? The King of England, he is our Enemy, and emit_ted those Proclamations; the King of Scots is detain'd in England, and not Master of him_self, but is forc'd to act thus contrary to the In_terest of his own antient Crown and Kingdom; as a former K. William, John Baliol, and James I. were forc'd to do, when in the power of the English. In such a case, if our infant Colony should by this means be destroyed, our Neigh_bours must needs think that we should look for a Compensation somewhere, resume the Govern_ment into our own hands, and strengthen our selves by new Alliances; which perhaps might be little to their advantage. This is not sug_gested as a thing that is ever likely to be pra_ctis'd, or to which the Kingdom of Scotland is any way inclin'd: Our whole Conduct since the Union is a continu'd evidence of the up_rightness of our Intentions towards England; and the Offers we did make, and do still con_tinue to make, of admitting 'em as Partners and Sharers in our new Settlement, are enough to stop the mouth of Calumny it self. But if in return for our kindness we meet with Neglect and Contempt, have our Soveraignty trampled under foot, our Settlement in America by an Act of Parliament in Scotland reflected upon as unjust by Proclamations from England, the World cannot blame us to complain of the Vio_lence done to our Independency and Honour; which is not to be salv'd by any politick con_siderations whatever, that our Neighbours can pretend for this Treatment.

Nor can any thing less than joining with us, and protecting that Settlement against all opposi_tion in case of Attacks by the French, or others, sufficiently atone for what is already don, or heal the Wound those Proclamations have giv'n to the common Interest and Honor of the Island.

We come in the next place to give a De_scription of the Isthmus of Darien. It lies betwixt the 8th and 10th Degrees of Northern Latitude, and in the narrowest place is betwixt 60 and 80 Italian Miles over. We shall not trouble our selves with the Description of any more of it than is in the possession of the Natives, which is in length from E. to W. on the North side from the Mouth of the River Darien to Port Scrivan, above 140 Italian Miles; from Caret Bay to the River of Cheapo on the South_side, it is about 160 in length. It is supposed to take its Name from the great River of Darien, that bounds its Northern Coast to the East_ward. It is bounded on the North and South with the vast Oceans that carry the names of the North and South Seas. Its Situation is ve_ry pleasant and agreable, and very commo_dious for a speedy and short Communication of Trade betwixt the North and South Seas, and preventing that vast Compass that must other_wise be fetch'd round either of the Extremes of North and South-America. By this means also it lies convenient for a speedier Communi_cation of Trade betwixt Europe and the East_Indies than any that hath hitherto been found out. Mr. Dampier says, that from Cheapo, or Santa Maria River, a man may pass from Sea to Sea in three days, and that the Indians do it in a day and half. There are abundance of valuable Islands on both sides the Isthmus, which prevent the breaking in of the Ocean upon it at once; and besides the Conveniences of Wood, Fish, Fowl, and Water, afford good and safe Riding in all Weathers, to any number of Ships, especially those call'd the Sambaloes, that lie a_long the Northern Coast. The Continent is agreably intermix'd with Hills and Valleys of great variety, for height, depth, and extent. The Valleys are watered with Rivers, Brooks and Springs, which take their rise from a great Ridg of Hills that run along the Isthmus, but nearest to the Northern Shore, from which it is seldom above 15 miles distant, and from whence the Sambaloes Islands, and the various makings of the Shore, and the continued Forest all along the Country gratify the Eye with a very fine prospect. The Rivers on the Northern Coast are generally small, because their Course from the abovementioned Ridg of Hills is but short; yet the River of Darien is very large, but the depth of its entrance not answerable to its width, yet further in it is deep enough, and hath a good Harbour in Caret Bay which is some leagues up the River, hath two Islands of pretty high Land, cloath'd with variety of Trees ly_ing before it, and two or three streams of fresh Water falling into it. From this Bay to the Promontory near Golden Island, the Shore is in_differently fruitful, and the Soil on the Nor_thern Coast is generally good, but swampy here and there to the Sea.

To the Westward of the Promontory, at the entrance of the River, is a fine sandy Bay with three Islands, one of them Golden Island lying before it, which make it an extraordinary good Harbour. Golden Island is rocky and steep all round, except at the landing place on the South side, so that it is naturally fortify'd. The Land of the Isthmus over against it to the S. E. is an excellent fruitful Soil. West of this Island lies the largest of the three, being swampy and co_vered with Maingroves. To the North of these lies the Island of Pines, cover'd with tall Trees fit for any use. From the point against these Islands for three Leagues Westward, the Shore is guarded by Rocks, so that a Boat can_not land; but at the N. W. end of the Rocks there's a very good Harbour, and good Riding, as has been said, in all Winds, by some or other of those Islands, which with the adjacent Shore make a lovely Landskip off at Sea. The Chan_nel betwixt them and the Isthmus is two, three, and four miles broad, and navigable from end to end; and the Ground opposite to them within Land an excellent Soil, and a continued Forest of stately Timber-trees.

On the South side there's the River Sambo that falls into the Sea by point Garachina. This is a large River. Then there's the Gulph of St. Michael, made by the Outlet of several con_siderable Rivers, as those of Santa Maria and Con_go, and the Gold-River, so call'd because of the great plenty of Gold Dust it affords to the Spa_niards. The River Congo may be entred at high water, and affords a good Harbour. The Gulph has several Islands in it, and affords good Riding in many places. The Country on this side as on the other is one continued Forest; and forms a Bay call'd the Bay of Panama, abound_ing with fine Islands, and affording good Rid_ing for Ships. The Soil of the Inland Country is for the most part a black fruitful Mold.

The Weather is much the same as in other places of the Torrid Zone in this Latitude, but inclining to the wet extreme, for two thirds of the year, the Rains beginning in April.

The most remarkable of their Trees are the Cotton Tree, which bears a Cod as big as a Nut_meg full of short Wool or Down, and affords Timber for Canoes and Periagoes; they abound with stately Cedars and Macaw Trees, which bear a Fruit as big as a small Pear, of a tart but not unpleasant Taste; Bibby Tree, the Wood hard and black as Ink, and being tapp'd, affords a Liquor call'd Bibby, of a pleasant tart taste, which the Indians drink. They have abun_dance of Plantains set in Walks, which make very delightful Groves, and yield an excellent Fruit, and being green and sappy, are cut down with one stroke of an Ax. They have also plenty of Bonanoes another sort of Plantain, which eats best raw as the Plantain does boil'd. They have great store of that excellent Fruit call'd Pine-apples, which tastes like a Mixture of all delicious Fruits, and ripens at all times of the year. They have also Prickle-pear, which is a very good Fruit; and Sugar-Canes, of which they make no other use but to suck out the Juice. The Maho Tree, of which they make Ropes, Cables for Ships, and Nets for fishing. The Calabash whose Shells serve for Cups and other occasions, is curiously paint_ed; the sweet sort of 'em is eatable, and the bit_ter sort Medicinal. They have also Gourds of the like nature. There's a Plant they call Silk Grass which resembles our Flaggs; this they beat into strings like fine Flax, much stronger than our Flax or Hemp; of these they make Ropes, Cordage of all sorts, Nets for small Fish; and the Spaniards and others use it for Shoemakers Thread, Stockins, and a sort of Lace. They have a Tree call'd Lightwood, as large as an Elm, but so light, that a Man may carry a great quantity of it on his back. It is in substance like Cork, and made use of by the Indians for rafters to go to Sea, or pass Ri_vers. They have a Tree call'd Whitewood of a finer Grain, and whiter than any European Wood, and fit for inlaying. They have Tama_rind, Locust Tree, Bastard Cinnamon, Bamboes, and Maingrove Trees in plenty. They have Shrubs that bear store of Pepper of two sorts, call'd bell Pepper, and bird Pepper.

Mr. Wafer, to whom we owe this Descripti_on, takes notice of a Redwood, whereof there grow great quantities on the Northern Coast; the Indians make use of it for dying, and mix a kind of Earth they have with it. It makes a bright glossy lively Red, which no washing can fetch out again. This we suppose to be the Nicaragua Wood. Their Roots are Potatoes, Yams, and Cassava; of the last of which they make Bread. They have likewise Tobac_co, but don't understand the planting and ma_nuring of it; it is not so strong as that of Vir_ginia.

Their Beasts are the Peccary, and Waree a kind of wild Hogs, which are very good Meat. They have considerable store of Deer and Rabbits, and great droves of Monkys, which are extraordinary fat and good to eat. They have an Insect call'd a Soldier, somewhat resembling a Crab, which feeds upon what falls from the Tree, is a delicious Meat, and yields an Oil that is an excellent Salve. They have no European Cattle.

Their Birds are the Chicaly-Chicaly, which makes a noise somewhat like a Cuccoo, is a large Bird, has Feathers of divers Colours very beau_tiful and lively, whereof the Natives some_times make Aprons. This Bird keeps mostly on the Trees, feeds on fruit, and is pretty good Meat. The Quam feeds in the same manner, his Wings are dun, his Tail dark, short, and upright. He is much preferable to the other for Meat. There's a Russet-colour'd Bird, re_sembling a Partridg, runs most on the ground, and is excellent Meat. The Corrosou is a large Fowl as big as a Turky, and of a black colour. The Cock has a fine Crown of yellow Feathers on his Head, and Gills like a Turkey. They live on Trees, and eat Fruit. They sing very delightfully, and are so well imitated by the Indians, that they discover their haunts by it. They are very good Meat, but their Bones make the Dogs run mad, and are therefore hid from them by the Indians. They have abundance of Parrots, for size and shape much like those of Jamaica, they are very good Meat. Their Pa_rakites are most of them green, and go in large flights by themselves. They have Macaw Birds which are as big again as Parrots, and resemble them in shape. They have a Bill like a Hawk, and a bushy Tail with two or three long strag_gling Feathers, either red or blue; but those of the Body are of a lovely blue, green, and red. The Indians tame those Birds, and teach them to speak; and then letting them go into the Woods amongst the wild ones, they will return of their own accord to the Houses. They exact_ly imitate the Voices and singing of the Indians, and call the Chicaly in its own Note. It is one of the pleasantest Birds in the World, and its flesh sweet and well tasted. They have also Woodpeckers which are pied like our Magpies, and have long Claws that they climb up Trees with; they are not pleasant to eat. They have plenty of Dunghil-foul resembling those of Eu_rope, and their Flesh and Eggs as well tasted as ours. About the Sambaloes they have great store of Sea-foul, and particularly Pelicans which are large Birds, having Legs and Feet like a Goose, and a Neck like a Swan, the Feathers are grey. It has a Bag under its throat, which when fill'd, is as large as a man's two fists; and when dry, will hold a pound of Tobacco; they feed up_on Fish, and the young ones are good meat. They have also Cormorants resembling Ducks for size and shape, are of a black Colour, have a white spot on the Breast, and pitch sometimes on Trees and Shrubs by the water side. They are too rank to be eaten. They have abundance of Sea-gulls and Pyes, which are pretty good meat, but eat fishy, which is cur'd by burying 'em eight or ten hours in the Sand with their Feathers on. They have flying Insects too, and among others Bees, which form their Hives on Trees; and it's observ'd, That they never sting any body: The Natives mix the Hony with Water, and so drink it, but know not the use of the Wax. They have shining Flies, which in the night time resemble Glow_worms.

Their Fish are the Tarpom, which eats like Salmon; some of 'em weigh 50 or 60 pound: They afford good Oil. They have Sharks, and another fish that resembles a Shark, but much better Meat. The Cavally is much of the size of a Maccarel, and very good Meat. They have a Fish call'd Old Wives, which is also very good to eat. Their Paracoods are as large as a well-grown Pike, and very good Meat; but in some particular places poisonous, which are distinguish'd by the Liver. Their Gar-fish is good Meat, they have a long Bone on their Snout, with which they will sometimes pierce the side of a Canoe. They have also Sculpins, a prickly Fish, which when strip'd, is very good Meat. They have likewise String-rays, Parrot-fish, Snooks, Conger Eels, Conchs, Per_riwinkles, Limpits, Sea Crabs, and Craw-fish, and other sorts whose names we know not, that eat very well.

The Inhabitants are most numerous on the North of the Isthmus; the Men usually 5 or 6 foot high, streight, clean limb'd, big-bon'd, handsomely shap'd, nimble, active, and run well. The Women are short and thick, and not so lively as the Men; the young Women plump, well-shap'd, and have a brisk Eye: both Sexes have a round Visage, short bottle Noses, large and grey Eyes, high Forehead, white even Teeth, thin Lips, pretty large Mouths, well proportion'd Cheeks and Chins, and in general handsome; but the Men exceed the Wo_men. Both Sexes have streight long lank black Hair, which they generally wear down to the middle of their Back. All other Hair but that of their Eye-brows and Eye-lids they pull up by the Roots, cut off the hair of their Heads, and paint themselves black by way of triumph, when they kill a Spaniard. Their natural com_plexion is a copper Colour, and their Eye_brows black as jet. There are some among them of both Sexes, which bear the proporti_on of two or three to a hundred, who are milk white, and have all their Bodies cover'd over with a milk white Down; their Hair is of the same Colour, and very fine, about 6 or 8 Inches long, and inclining to curl. They are less in stature than the other Indians, and their Eye_lids point downwards in form of a Crescent; they don't see well in the Sun, their Eyes being weak and running with Water if the Sun shine upon them, therefore they are call'd Moon-ey'd. They are weak and sluggish in the day time, but in Moon-shiny nights all life and activity, and run as fast thro the Woods by night, as the other Indians do by day. They are not so much respected as the other Indians, but look'd upon as monstrous. The Natives go naked both Men and Women, only the Men have a thing like an Extinguisher of silver or gold Plate tied round their middle to cover their Yard, and the Women tie a piece of Cloth before them, which comes as low as their Knee; but they use none of those Precautions till they come to the years of Puberty; the Men that have not those Extinguishers, make use of a piece of a Plan_tain-leaf of a Conick Figure. They are in general a modest and cleanly People, and have a value for Cloths if they had them. The better sort have long Cotton Garments shap'd like Carmens Frocks, which they use on solemn occasions, as at_tending the King or Chief, &c. For an Ornament to the Face, besides their general painting and daubing, the Men wear a piece of Plate hang_ing over their Mouths, and the Chief of them have it of Gold. It is an Oval Form, and gently pinching the Bridle of the Nose with its points, hangs dangling from thence as low as the under Lip; and instead of this the Women wear a Ring thro the Bridle of the Nose: they lay them aside at their Feasts. They likewise wear Chains of Teeths, Shells, Beads, or the like; the heavier they be, they reckon them the more ornamental. Their Houses lie mostly scattering, and always by a River-side, but in some places they are so many as to form a Town or Village. Their Walls are made up of Sticks, and daub'd over with Earth: The Fire is in the middle of the House, and the Smoke goes out at a Hole in the Roof: They are not divided into Stories or Rooms, but into Hovels; every one has a Hammock for a Bed in one of those Hovels. They have no Doors, Shelves, or Seats, other than Logs of Wood. Every Neighbourhood has a War_house of 130 foot long, the sides and Ends full of Holes, whence they shoot their Arrows on the approach of the Spaniards. In their Plan_tations they set so much Plantain, Maiz, &c. as serves their occasions: They likewise make Drink of Maiz, which they ferment by Grains of the same chewed in their Mouths: They have also another sort of Drink, which they make of Plantains. Most of the Drudgery is perform'd by the Women with great cheerful_ness, being very well condition'd, and dutiful to their Husbands, who are otherwise very in_dulgent to them, and their Children. The Women wash the Mother and Child in a River within an hour after Delivery. The Boys are bred to the Bow, Hunting, and Fishing, &c. at which they are mighty dexterous; and the Girls help the Women in dressing their Victuals, Weaving, making Cotton Cloth, Cordage, Nets, &c. and the Men make Baskets very neat, dying the Materials first with lively Co_lours. They allow Poligamy, but punish A_dultery with Death of both Parties: They pu_nish Theft also with Death; and Fornication with thrusting a Briar up the Man's Yard, whereof they commonly die. The Facts must be prov'd by Oath, which is a swearing by their Tooth. When they marry, the Father or near_est Kinsman keeps the Bride privately in his own Apartments the first 7 Nights, and then she is deliver'd to her Husband: All the Neigh_bours for some Miles round are invited to a great Feast, and bring Provisions with them: The Fathers of the young Couple bring them forth in their hands, and the Bridegroom's Fa_ther makes a Speech; then he dances about in antick Gestures till all on a sweat, when he kneels down, and gives his Son to the Bride, her Father also having danc'd himself into a Sweat, and presenting her to the Bridegroom in the same manner; then they take each other by the hand, and so the Ceremony concludes. After this all the Men take up their Axes, and run shouting to a Tract of Wood-land, to pre_pare a Plantation for the new Couple. That being done, they have their Feast, and after_wards drink hard, all their Arms being first put out of the way, to prevent Danger in case of quarrelling. They divert themselves som_times by dancing, and piping on a small hollow Bamboe, but without distinction of Notes: The Men and Women never dance nor feast toge_ther, but apart. The Women accompany them likewise in their hunting Expeditions, which sometimes last 20 days: They tie their Ham_mocks betwixt two Trees, cover them with Plantain Leaves, and have Fires all night by their Hammocks: Such of their Prey as they take a Hunting, and design to keep for future use, they barbecue in the Woods; and what they make use of for present Sustenance, they mix with Roots, Plantain, Bonanoes, and Pepper, and stew it together till it be brought to a Pulp; which they take up with the two foremost Fingers of their right Hand bent hookwise, and put into their Mouths. They travel by direction of the Sun, or the bending of the Trees, according as the Wind is. None of the English Authors take notice of their Wor_ship or Religion, but give an account that they pawaw, or consult the Devil to know Futuri_ties: and it would seem they are as ignorant in matters of Physick and Chirurgery, since when they would let a Pa_tient blood, they set him upon the Bank of a River, and with a little Bow, and small Arrow, gag'd that it may enter no further than our Lancets, they shoot as fast as they can at all parts of the Patient's Body; and if they chance to hit on a Vein, that the Blood spurts out a little, they testify their joy by antick Dances.

We come next to give an account of the Settlement of our men there; how they were receiv'd by the Natives; what Indian Princes there are in their Neighbourhood; in what state they found the Affairs of the Country; and of the Situation of our Colony.

On the 27th of October 1698. our Ships came to an Anchor in a fair sandy Bay, 3 Leagues W. off the Gulf of Darien; upon which two Ca_noes, with several Indians, came on board, were very free with our Men, told them they had been long expected, and were very welcome: Our Men gave them some old Hats, Looking_glasses and Knives, with which they were ex_tremely well pleas'd, and went off. When our Ships stood further into the Bay, they saw about 20 Indians drawn up on the Shoar, being arm'd with Bows and Lances; upon which a Boat be_ing sent ashoar, and making a signal of Peace, they unstrung their Bows, talk'd familiarly, and told our Men that two Great Captains would in a little time come on board our Ships. Accordingly on November 2d in the morning Capt. Andreas, one of their Princes, accom_panied by 12 Men, came on board, and ask'd their business; he was answered, that we came to live among them, and trade with them, and would afford them European Commodities cheaper than any other People. He ask'd if we were Friends or Enemies to the Spaniards; and was answered that we were at peace with all men, and would make war upon no man, except they injur'd us. He took us for Bucca_neers, and told us he knew Capt. Swan and Capt. Davis in the South-Sea, and commended them as men of valour. We heard that part of his Discourse with very much coldness, and told him we came on no such design as those men did, but had Authority for what we undertook. We treated him civilly, gave him a Hat lac'd with Gold, and some Toys: and so he parted, promising in a little time to come again; which he accordingly did, and brought Don Pedro, another of their Princes or Captains, with him. Capt. Andreas was freer with us than at first, plainly own'd that he took us for Buccaneers, and complain'd that some English-men of that sort had after great pretences of Friendship, carried off some of their People; and therefore Don Pedro would not come aboard us till he had further assurance of us.

Capt. Andreas is a person of a small stature; he affects the Spanish Gravity, as having been often among them at the Mines of Santa Maria, Panama, &c. and formerly had a Commission under them as a Captain, upon which he va_lues himself above others: The French hate him mortally, because of something he did a_gainst some of their Nation formerly. When he came on board us, he had a sort of a Coat of red loose Stuff, an old Hat, a pair of Drawers, but no Stockings nor Shoes; and the rest that came with him were all naked, excepting their Penis, which was covered by Extinguishers, as formerly mention'd.

Upon further communing, Capt. Andreas was very well pleas'd with us, offered us what part of the Country we would chuse, and ac_cepted a Commission from us; and at the same time we gave him a Basket-hilted Sword, and a pair of Pistols: upon which he promised to defend us to the last of his Blood.

Some of the Princes on this side the Isthmus had been in peace with the Spaniards for several years, and suffered a few of them to reside a_mongst them, to give notice to Panama of what Ships came upon these Coasts; but upon some fresh disgust, about two months before we ar_riv'd, Capt. Ambrosio, who is the most noted Prince amongst 'em, had oblig'd them to enter into a common Alliance against Spain, and cut off ten Spaniards, who liv'd upon Golden Island.

The Place where we are setled is 4 Miles East of Golden Island, within a great Bay. We have an excellent Harbor, surrounded with high Mountains, capable of holding a thousand Sail land-lock'd, and safe from all Winds and Tem_pests. The Mouth of the Harbor is about ran_dom Cannon-shot over, form'd by a Peninsula on the one side, and a point of Land on the o_ther. In the middle of the Entrance there is a Rock three foot above water, upon which the Sea breaks most terribly when the Wind blows hard; and within the Points there is a small Rock that lies a little under water. On both sides these Rocks there's a very good wide Channel for Ships to come in: that on the South-side is three Cables long, and seven Fa_thom deep; and that on the North two Cables long. From the two outermost points the Harbour runs away East a Mile and an half; and near the middle, on the right hand, a point of Land shoots out into the Bay: so that by rai_sing Forts on the said Point, on the Rock in the middle of the Entrance, and the two outer_most Points, it will be the strongest Harbor, both by Art and Nature, that's in the known World. The Bay within is for the most part 6 Fathom Water, and till you come within a Cable's length of the Shoar, three Fathom and an half: So that a Key may be built, to which great Ships may lay their Sides, and unload. The Peninsula lies on the left hand, is a mile and an half in length, very steep, and high towards the Sea: so that it would be very dif_ficult for any body to land, till you come to the Isthmus, where there's a small sandy Bay that little Ships may put into, but is easy to be se_cured by a Ditch and a Fort. There are several little Rivers of very good Water that fall into the Bay; and it abounds so with excellent Fish, that we can with ease take more than it's pos_sible for us to destroy, having sometimes caught 140 at a draught: amonst others there be Tortoises, which are excellent Meat, and some of them above 600 weight.

The Peninsula was never inhabited, and is cover'd all over with Trees of various sorts, as stately Cedars, Brasil-wood, Lignum Vit�, Box-wood, Fustick-wood, Yellow Sanders, Manshinel, &c. and the like sorts, besides others whose names we know not, grow on the Con_tinent; and we doubt not of finding out the Nicaragua Wood: we have found Cabbage Trees, the Fruit of which eats like Colly_flowers. The Natives have no Plantation within two Miles of us.

We have a Watch-Tower upon an high Hill adjoining to our Plantation, about a mile South of the Bay; from whence we can see the Ships in the Bay, the Fort we have raised on the Mouth of the Bay, and as far as the Mouth of the River Darien: We can see above thirty Miles Southward, and have a fine Prospect of Golden Island, and the Isle of Pines, Westward towards Portobello, and Northward towards Jamaica. The Hill is about a Mile in height; so that we can see any Ships before they come within some Leagues of the Harbor. We com_pute our selves to be about 50 Leagues North of Carthagena, and as much South of Portobello. The 4 Indian Kings or Captains on this Coast visit us frequently in their Canoes; and the Natives are very kind to us, and sell us Plan_tains, Fowls, &c. for Toys or old Shifts. A French-man who hath married one of the Na_tives, informs us that the Spaniards have Silver and Gold Mines on the Isthmus, which we might make our selves Masters of with a 100 Men; so that if they commit Hostilities upon us, as we hear they threaten to do, it's not un_likely that we may visit them. We found some French Refugees in the Country, who are willing to settle under us; and having been several years in these Parts, and understanding the Language of the Natives, are very useful to us. We have seen some Sand in the Rivers, which looks as if it were mixt with Gold, and in some places the Earth seems to be very much mixt with it: so that it's concluded there's more Gold-dust here, than in any part of Guinea.

The Indian Prin_ces or Captains on this Coast do somewhat resemble our Heads of Clans in Scotland; and by their Converse at times with the Spaniards, and other European Nations, affect Christian Names. The first of these Princes we shall name is Capt. Diego; he commands from the bottom of the Gulph of Uraba on this side Caret Bay, and has 3000 men under him; he has been at war with the Spaniards several years, occasion'd by an Insult his People had receiv'd from them, when they came to de_mand their share in the Mines which they had discover'd to the Spaniards in their Country, on condition of being Partners with them: but when they came to demand it, the Spaniards treated them villanously, beat and abus'd them; upon which they attack'd the Spaniards, cut off 20 of their men, and 3 Priests that belong'd to the Mines.

The next is Capt. Pousigo. He is an Indian Clergy-man, and Brother in-law to Capt. An_dreas. The Peninsula that we possess, lies betwixt his Territory and that of Capt. Andreas, who together with his Brother, commands from Golden Island to the River Pinas. Their Com_mand is greater than that of Pousigo, but not so great as that of Diego. These Princes are very useful to us, because of their Neighbourhood and Consanguinity to one another.

Capt. Ambrosio commands from the River Pinas to the Samballoes: He is a man of about 60 years of age, but strong and vigorous, well limb'd, and of a stern Countenance: he is a mortal Enemy to the Spaniards, with whom he hath had a long War: he is esteemed the bravest of all the Indian Captains. His Son-in-law Don Pedro having been taken by the Spaniards, and kept by them as a Slave at Panama, he can never forget nor forgive it them: This young man is a great Friend to the French, who they are made to believe design to come and settle among them. Ambrosio and his Son-in-law prest us much to come and settle in their Dominions, and join with them to make war on the Spaniards: We gave them fair Words, and promis'd to come and view their Coasts, which we accordingly did; and in our way thither, four Leagues Westward of our Settlement, we found an excellent Harbour, capable of 10000 Sail; but it can't be defended without many Forts: Here the Privateers us'd to come and careen. Capt. Ambrosio's House lies about a League from the Water-side, on the Bank of a River, having 12 lesser Houses about it: When we drew near it, he advanced 50 Paces to meet us, being attended by 20 men in white loose Frocks with Fringes round the bottom, and arm'd with Lances: He saluted us kindly, and gave us a Calabash of Liquor almost like Lambs-wool, made of Indian Corn and Potatoes. His House is 90 foot long, 35 broad, and 30 in height, curiously thatch'd with Palmetto Royal, and over that Cotton_leaves. The Floor is of firm Earth like Tarras, very smooth and clean. The sides are com_pos'd of large Canes, as thick as a Man's Leg. In this House live Ambrosio and his Son_in-law Don Pedro, with both their Families, consisting of about 40 Persons. We saw Am_brosio's Grandmother there, who is 120 years old, and yet was very active in getting things ready for our Intertainment. She has 6 Generations descended from her now in the House with her. The People live here to 150 and 160 years of age; but those that con_verse much with Europeans, and drink strong drink, don't live so long.

From the Samballoes to the River of Concep_tion, the Country is commanded by one Cor_bet, who is altogether in the French Interest, he having contracted a Friendship with their Pri_vateers 7 years ago, and done them many good Offices. They promised to reward him if he would go to Petit Guavus, and in his way thi_ther he was taken by an English Privateer and carried to Jamaica, whence the Governor of Pe_tit Guavus got him releas'd. He was with Pointi at the taking of Cartagena, and has a Commis_sion from the French to be General of all the French and Indian Forces on that Coast, and to take, sink, and destroy Spaniards or any other Enemies. Yet the French them_selves, and the sensible part of the Indians, don't put any confidence in him; and Ambrosio who is the bravest of all those Indian Captains, keeps him in awe and within bounds.

Next to Corbet, there's another of their Cap_tains call'd Nicola, who is said to be a wise, brave and good-natur'd Prince, insomuch that the Indians had a mind to have set him up in_stead of Ambrosio, who is of a rugged military temper: But Ambrosio's Authority and Power is so great, that they did not find it practicable. Nicola is a mortal Enemy to the Spaniards, and can never entertain a good thought of them, since the Governour of Porto Bello robb'd him of a curious Fusee that had been presented him by some of the Buccaneers; and being out of order, he sent it thither to be mended; upon which the Governour taking a liking to it, kept it to himself, and sent Nicola another sorry piece instead of it.

Since we came hither, there have been an English, a Dutch, and a French Ship in our Bay. The English Ship was Capt. Long in the Rupert Prize; he had been in the Gulf of Uraba, but he himself and his Men own'd, that they had not then been ashore there. He hath some way or other disoblig'd the Captains Ambrosio and Diego. Tho we treated him with all possible Civility, yet we are since inform'd that he hath been a days Journy into the Gulf, and en_deavour'd to incense the Indians against us, tel_ling them that we were Privateers, and that the King of England would not protect us. He left some Men in the Bay, who have since kill'd some Spaniards, and came to us for Arms and Ammunition, but we told them we could not grant them any, and that they had done what they could not justify. We gave them however what was necessary for sitting up a Boat; and as a Reward, they intic'd away the Carpenter and Mate of one of our Ships call'd the Unicorn.

The Dutch Ship that came hither was afraid of the Spanish Barlavento Fleet, and put in here for protection, that Fleet having made Prize of another Dutch Ship of 32 Guns, and of two English Sloops for trading on those Coasts.

The French Ship that put in here, was that which was order'd to carry back the Church_plate, &c. to Carthagena, did afterwards bulge on a Rock, and was cast away in our Harbour. We sav'd all their lives, and Capt. Pennicook our Commodore endanger'd his own life to save that of the French Captain. He inform'd us that the French had four Men of War of 50 Guns each, who thinking we had a Design on the River Mississipi, were gone to the Gulph of Mexico in quest of us. The French have been very in_dustrious in cultivating their Interest, both with the Natives and Spaniards in this part of America, and doubt not of having a good share in those Countries after the King of Spain's Death. They have got a great Interest with Capt. Ambrosio by means of his Son-in-law Don Pedro, whom they caress extreamly, and de_sign'd to have carried him to Petit Guavus, and from thence into France, to acquaint the French King with the favourable Sentiments the Indians have entertain'd of the French, and of their design to surrender themselves to his Majesty.

This has been projected by the French a long time, but the King of Spain's Indisposition, and their Pretensions to that Crown, made them refer it; and there's no doubt but our Settlement will quicken those Resolutions. Capt. An_dreas, Capt. Pedro his Brother, Capt. Diego, and Capt. Pousigo our Neighbours, have no manner of correspondence with the French. The lat_ter hath acquainted us that there are several Gold Mines within two Miles of our Settle_ment which he hath promis'd to shew us; and he hath actually let us see several Samples of fine Gold.

This being the Substance of several Journals that were sent from our Colony in Darien upon their first Settlement there, we hope it's suffi_cient of it self to satisfy our Neighbours in Eng_land of the Justice of our Cause, of the equity of our Proceedings, of the true Reason why the French are so much our Enemies in this matter, of the greatness of the Providence that has put us in possession of that Post, and that it is England's Interest to join with and protect us, by which the Designs of the French against Europe in gene_ral, and Great Britain in particular, may be defeated, and the English West India Trade se_cur'd. But since by the Proclamations before_mentioned, which treat us as Rebels and Pirats in America, for what we have done according to Act of Parliament in Scotland, our Ships may be in danger of being attack'd by other Nations as Pirates, and our Colony discountenanc'd and oppos'd on that account by the Natives; there's no reason that our Neighbours should think strange if we complain of that unkind usage, and endeavour to lay before them what may probably be the Consequences of such Proceed_ings, without being construed either to threat_en or to wish that any such things should hap_pen: It being evident that by offering to admit the English as Joint-sharers in our Trade, we entertain no Sentiments but what are friendly towards that Nation, being satisfied that all those who wish well to the Protestant Religion and true Liberty, are Enemies to any thing that may occasion a breach of the Union and good understanding betwixt us. Yet is must be own'd that we have but too great reason to com_plain of the Hardships we suffer by the Union of the Crowns, which it is in the power of England to remedy, by complying with the gracious Proposals of uniting the Nations, repeated in Par_liament by his Majesty, who like a true Father of his Country, has expos'd himself to the greatest of dangers to procure the Welfare and Peace of his Subjects, by which he has made an absolute Conquest of the Hearts of all good men, who are unanimous to join in the like Prayer for him, that the Israelites of old put up for their Kings, viz. That he may live for ever.

&horbar FINIS. &horbar |CPO |Y1702 THE Present State OF JACOBITISM IN ENGLAND. &horbar A Second PART. &horbar In ANSWER to the FIRST. &horbar &horbar London: Printed in the Year. MDCCII. &horbar &horbar THE Present State OF JACOBITISM IN England, &c.

THat the Past and Present State of Jacobitism in England, was and is a State of Vexation and Trouble, Suffering and Affliction, is sensibly felt by all those who sustain that De_nomination, notoriously evident to the whole Nation, and own'd in particular by this Author, and some others, who make that Consideration one Argument to induce them to take the Oaths, that thereby they may ex_empt themselves from that Suffering Condition under which they have lain for so many Years.

In this Case, no Man nor Party of Men, need any Elo_quence to persuade the World, that they Act with the greatest clearness and Sincerity, if they are heartily desirous to have their Sufferings commiserated, their Burdens lightned, the Rigors against them moderated and qualified; For al_tho' we are taught in the School of Religion, that Afflicti_ons have their Benefit, that Adversity, if rightly used, may turn to better Account than Prosperity; altho' the Doctrine of Providence obliges us to submit with Patience, Con_tentedness and Cheerfulness. Altho' they are always just on God's part, always permitted or inflicted for wise and good Ends, and which therefore should inspire us with Hu_mility and Meekness, with Repentance towards God, with Charity and Forgiveness towards Men; nevertheless Suffer_ings not being natural, but accidental to Religion, intro_duc'd from the Corruption of Humane Nature, by way of Discipline and Correction, We are allow'd by the Divine Goodness, and in some measure are bound (with fit Restrictions and Limitations) to pray for a removal of them from God's hand, and from any others who may be instrumental either to our Afflictions, or Relief, and if we can find any Alleviation and Abatement, We have a new Opportunity of exercising another Act of Religion, of praising God, and being thankful to Men.

If therefore any Charitable hand, will either help us to mend our Circumstances, or contribute to afford us such degrees of Ease and Quiet, as we may wear out the Re_mainder of our days, under the Burden only of Primative Calamities, in being depriv'd of those Comforts and Sup_ports, which We heretofore did, and others do now enjoy, without the Addition and Augmentation of positive ones. We shall think our selves highly oblig'd both to pray for them, and also to make the best Expressions of Gratitude We are able, suitable to the measures of Tenderness exer_cised towards us: And even without any of these We hope we shall never be wanting to exercise that Christian Duty of Charity, as to pray for them, that God will always afford them that Mercy and Compassion, which we want our selves, and cannot obtain from them.

Pref. This Author indeed tells us, that his Pamphlet contains a kind Invitation to Us, and if it does, it ought to be as kindly receiv'd by us; But if instead of an Invitation, it be only a Summons to surrender by a time perfix'd, or else to expect Military Execution, 'tis a Kindness with the utmost degree of unkindness in the Belly of it; If a Friend of our Author's should invite him to his House, and tell him he should be very welcom; but tell him withal, that if he did not come, he would certainly cut his Throat, or (which is all one) would instigate others to do it, who were more able. I suppose our Author would think the kind Invitation a little roughly manag'd, and would desire him hereafter to keep his Kindness to himself. This is the very Case, For he adds in the same Preface. If they shall make an ill use of it, that is, if they do not forthwith what he advises, then they will be more inexcusable, and the Nation will be blameless, if a Law shall ever be promoted to exclude them absolutely from the Benefit or Protection of the Government; That is, if they are totally divested of all the Rights and Liberties of Englishmen, made Outlaws for ever, and expos'd to be knock'd on the Head, by every man who hath a mind to it. This is an Invitation after the Method of France; the French King kindly invited his Protestant Subjects to become Proselytes, and order'd the writing of several Books to perswade them; but when they declin'd Compliance, he back'd his Invitation with Dragoons and the Gally's.

A man had need be very sure of his Reasons, and of the Sincerity of his Kindness too, who makes the consequence of Refusal so terrible. And I am confident that nothing in the World can justify such measures of Proceeding, but the plainest Proofs and clearest Evidence of Truth and Reason, the highest Wisdom and Judgment in managing them, to_gether with a hearty and upright Regard to the Welfare of the Persons concern'd, and where any of these are wanting, the Proposal is all over bloody, and an implacable Thirst after the Destruction of other Men. Almighty God indeed com_mands Men to accept of His Invitations upon pain of Death, but then as we are absolutely his, so His infinite Goodness and Wisdom warrant the Severity of His Cominations; His Omniscience discerns all the degrees of Stubborness and Con_tumacy; and yet after all, after manifold Tryals of Lenity and Forbearance, he smites only the absolutely incorrigible. But for daring Mortals, who have neither Wisdom to see their own Errors, nor those of other Men, much less to di_stinguish between Mistake and Malice, to set up a few weak and trifling Reasons, and then command all Men to submit to them upon pain of Destruction, argues equal Ar_rogance towards God, as Cruelty towards Men.

Why should this Author be so conceited of his own Reasons, as to think that the not being convinc'd by them, argues the utmost degree of Incorrigibleness? Or if he thought so well of them himself, Why should he think that we must do so too? And if they are not as Clear and Convictive to us, as (perhaps) he thinks they are to him, 'tis impossible that, upon that Account, we should be left inexcusable. Men Reason different ways, and see things by different Lights, according to differing Methods of Educa_tion, Studies, and even Temper and Constitution, and 'tis a Monstrous Disproportion of Punishment, that we must be Undone and Perish, because we have not Heads of the same make with the Author. He pretends indeed, to Rea_son with us upon our own Principles, but then either he does not know them, and that in him is culpable Igno_rance, or he conceals them, and that is more culpable Hypocrisie.

Is it not enough, that we have bore the Burthen of Ca_lamity for Thirteen Years together? Will no Time nor Sufferings asswage that Bitterness of Spirit? But that it still pursues us through a long Series of Adversity, even to a Period of final Destruction, and Extirpating of us Root and Branch? 'Tis matter of Wonder and Astonishment, that there are Men, who call themselves Christians, the followers of the Merciful Jesus, who after the several Stages of Affliction that their Brethren have Travelled in, are still, for the very same thing, calling out for new Methods of Vengeance, and irritating the Government to accumulate Sorrow upon Sorrow, to add one Weight to another, till they are Press'd to Death.

Poverty and Meaness, which is a Safeguard to all Men else, must, it seems, be no Security to us; we hoped that when we had parted with all for our Consciences, we had stood out of the way of Envy, Innocence guarded with Indigence, is doubly Fortify'd. We have seen mighty Of_fenders, who, by quitting their Posts, have Satisfy'd the Cries of Justice, and they permitted to Enjoy the Spoils, without Reproof, and without Molestation. But our with_drawing must stop no Prosecution, and altho' it hath left us nothing, yet that Nothing must be as keenly pursued as if we had the Wealth of the Nation to Account for, our very Rags are Criminal, and when we are Stript to the Skin, our Nakedness must be Scourg'd, and like Weather Glasses, the Lower we fall, the Higher the Storms arise.

This Author tells us, 'Tis hoped none will be so weak as to suppose it (his Inviting Pamphlet) proceeds from any Ap_prehension of their Party, or Interest in the World. Pref. And he is much in the right, neither he, nor any other are so weak as to be Apprehensive of our Party or Interest. But then, What makes them so free with their Threatnings? What makes them perpetually instigating the Powers of the Land to load us with New and more Dreadful Pressures? Is it a Reason to be Disfranchis'd, to make our very Beings Crimi_nal, and Penal, and to lay us under the utmost Terrors of Law: because no Body is so weak as to be Appre_hensive of Us or our Interest? All Mankind are agreed, that nothing can warrant the Extremest Rigors and Seve_rities, but as Extreme Necessity; and Penal Laws, especially of a high Nature, were always forc'd from Wise and Good Governments, but never their Choice. But our Au_thor puts this out of the Case; For if he hopes no Body will be so weak as to be Apprehensive of Us, 'tis plain that he himself is not so weak; And yet, at the same time, turns us over to the most Dismal Penalties he can think on: 'Tis not necessary (by his own Confession) that we should be Destroy'd, but we must be Destroy'd however. If this be not, What is it to be Cruel for Cruelty's sake? To subject us to the most rigorous Severi_ties, not only without absolute Necessity, but for no end in the World; Neither God, nor Good Men, nor Good Laws, did ever Punish for the sake of Punishment. And if there be no Necessity, 'tis mere Wantonness; and at length our Author's distinguishing Kindness ends in this, that, like some of the primitive Christians, we must be ex_pos'd to the Lions, merely for Sport.

He further tells us, That had we liv'd under the Despotick Government of Lewis XIV. we should have found before now, if we had been so fond of our old Master, we should have gone to him, there would have been no living for us. We would have had a time set, to comply or depart the Kingdom, we would have had no Benefit of the Law to recover our Right, but have been oblig'd to do every man Right, and bear every Wrong. Pag. 15. These are indeed severe things in themselves, and no doubt would be so in France or any where else. But it seems they are the very same that our Author hath provided for us here in England, We need not cross the Seas, to save that labour, he hath transplanted them into our own Soil; for all these frightful Cruelties expatiated on with so much Rhetorick, are but his own Terms in other Words, and this is only a French Paraphrase of his own English Proposal. The Nation will be blameless, if a Law shall ever be promoted to exclude them absolutely from either the Benefit, or Protection of the Government. That is in the French Dialect. We should have no Benefit of the Law to recover our Right, but be oblig'd to do every man right, and bear every Wrong. And that is again in plain English: To be excluded absolutely from either the Benefit, or Prote_ction of the Government. Now if this be the Case, what is the difference between a Despotick Government, and a Government founded upon Law? What is the difference between an Arbitrary and Cruel Administra_tion, and a mild and merciful One? If in each Go_vernment the Treatment of Persons under their Power must be the very same to all Intents and Purposes? If Men in the same Circumstances, and for the same Rea_sons must equally be put out of the Protection of the Law, must have no Right, and bear all Wrong. In vain do we talk of English Liberties; if we must go to France for Presidents of Penalties, and take Patterns for Imitation from the most arbitrary Government in Christendom. I take it for granted that our Author's flourish upon Lewis XIV. was never design'd as a Panegyrick on the good_ness of his Government; but it is the Copy he hath set himself, and he would have it exercis'd upon us. This sure is no inviting Character to recommend his Proposal to Englishmen; And the sanguinary Methods of France are no such tempting Things to invite our Nation to trans_cribe from them. And he will have much to do to per_swade them, that what is Savage and Barbarous in a Pa_pist, so soon as it is translated into Protestant hands, im_mediately commences Mildness, Good Nature, and ex_traordinary Charity.

The Nature and Constitution of the English Govern_ment is quite of another Temper, there is no room for furious and arbitrary Will to ravage and depopulate at pleasure, but the exercises of Authority are confin'd with_in the Bounds of Law, and those very mild and merciful Laws too, and, next to the Laws of God, there are none in the World more compassionate than our own; They will not suffer a Butcher to be a Juryman in Cases of Life and Death, lest his Trade in Blood should harden his Con_stitution, wear out the Compassion of an Englishman, and warp him towards Cruelty. But the Equity of them ne_ver appears more than in proportioning Punishments, not only to the Nature and Quality of the Offence, but to the Condition and Circumstances of the Offender. This is the express Provision of Magna Charta. Chap. 14. A Freeman shall not be amerc'd for a small Fault, but after the quantity of the Fault, and for a great Fault after the manner thereof, saving to him his Contenement or Freehold. And a Merchant saving his Merchandize. And a Villain saving his Wainage. A Peer shall be amerc'd by his Peers, and after the quantity of his Trespass. No man of the Church shall be amerc'd after the rate of his Spiritual Benefice, but after his lay Tenement, and after the Quantity of his Trespass. Here is Justice indeed, but exceedingly temper'd with Mercy, and the Law in assigning Punishments hath a double Aspect, one upon the Quantity of the Offence, as never to exceed that, of what Abilities soever the Offen_ders are, the other on the State and Capacity of the Offen_der, to lower and sink them to the proportion of his A_bilities. The Equity of this extends to all parallel Cases: So that Predatory Punishments (in Cases not Capital) that devour a Man and his Family, and which exceed ei_ther the nature of the Crime, or the measure of Men's Abilities, seem directly repugnant to the old Standards of Justice and the fundamental Rights of Englishmen. Now upon this general View, We may easily estimate whether our Author's Proposal, be suitable to the Methods of our Ancestors, and to the Temper and Mildness of the Eng_lish Constitution: To be Excluded ABSOLUTELY from the Benefit and Protection of Law, is but all Punish_ments in short: A compendious Summary of all possible Severities, 'tis not only to be divested of all Property, but of Freemen to be made Slaves, and that not to one Lord, but to every man in the Nation, to be obnoxious to all the Penalties the Law can inflict, and to all too that can be inflicted without Law, that is, 'tis as many several Penalties, as arbitrary Malice, or wanton Cruelty can invent. 'Tis AElig;lia L�lia Crispis, neither Treason, nor Murder, nor Felony, nor Misdemeanor, nor Trespass, but All. Neither Fine, nor Imprisonment, nor Confiscation, nor Banishment, nor Premunire, nor Hanging, but All. And now is there any need to ask, whether such a Hydra of Miseries [with a thousand Heads, and every Head as many Stings] be an adequate and equal Punishment, for no actual Attempt against the Government or Laws, no Violation of any one Man's Rights? The Case in que_stion is neither more, nor less than a pure and single Ne_gative, the not taking the Oath. This is intirely to destroy the Ballance of Justice, and there is no need of Scales, where every Offence is equally ponderous and comes up to the utmost Standard. The nature of Crimes is confound_ed, and there is no distinction between small and great, (that is in point of Punishment, where especially there is most need of Distinction) Omissions and Commissions are in the same Predicament, and Justice is blind on the wrong side, instead of having no respect to PERSONS, hath none to Causes, but with an undistinguishing and unrelenting hand, promiscuously scatters Vengeance upon all alike: Upon this foot let every English Man hear the Equity of this Proposal, That without any Compassionate savings, without any regard to the Weight, Quantity, Manner of the Of_fence; Peers, Freemen, Merchants, Churchmen together with their Peerage, Freeholds, Merchandize, Ecclesiastical, and Lay Tenements must for ever for one poor Negative, be indis_criminately swept away with Destruction, and expos'd to the utmost Rigors, a Nation can inflict, or Men can bear.

If it be said that this Negative, contains something Positive, and implyes Malice and Enmity against the Go_vernment. I answer, this is their Construction, not ours; Why may it not imply as well tenderness of Mind, and Con_science towards God? Or why may it not imply a disability to wind our selves out of our former Principles? Charity would think one of these. However the Law knows no Constructive no more than it does Accumulative Treasons, nor Punishes Men by Implications and Inferences, but from plain and evident matter of Fact. 'Tis hard that they will Judge of our Thoughts, but 'tis harder yet to fasten an Arbi_trary sense of them, and then to Punish that Sense of their own Imposing, which is to punish not our Thoughts, but their own, nay 'tis to punish us for their Thoughts. 'Tis cer_tain no Man can know our Thoughts till we our selves Ma_nifest them by some Overt Acts, by which, and by which only the Law judges; for altho' the Heart is the Traytor, and so it is the Thief and the Murderer too, yet that which makes the Treason, or Felony fall under the Cognizance of Law, and become the Object of Humane Justice, is when the Enmity within is declar'd by Overt Acts, that is, not every Act, but such only as in the Eye of the Law, are fully, plainly and evidently declarative of it. Exor_bitant Stretches, especially in Penal Cases, have always been condemn'd by Men of Equity and Temper, but ne_ver more than in this Reign; which (We are told) is a Reign of Liberty, founded upon the People's Rights, and that now their Liberties, are not only preserv'd intire to them, but much enlarg'd; and an Englishman who was always free, is now freer than ever before. And certainly Freedom and fundamental Rights, are not ambulatory and moveable, to serve only to make Complaints with when Men are out of Power, or hardly used themselves, but are fix'd and rivited in the Constitution, and from thence (like Vital Spirits) are dispers'd to all parts and Branches of the Body Politick. And if there be such a thing as Liberty, 'tis certainly general and common to all, and not enclos'd by any Body, or Party of Men whatsoever.

Without looking into the Conduct of other Nations in such Cases, We have in our own Examples perhaps of as many Revolutions, as any other Kingdom in the whole World. Since the Conquest (where our Histories run the clearest) We have had many instances of the Great Turns of State, of the Rise and Fall of several Parties and Interests; And particularly in the days of King Stephen, Edward 2. the Two Richards, the long and bloody Con_tests, between the two Houses of York and Lancaster, and in the days of K. Charles 1st. And indeed it must be confess'd, that upon the various strugglings for the Go_vernment, under differing Claims and Pretences, much English Blood hath been spilt, many Brave and Gallant Men destroy'd, many Noble and Honourable Families for ever extinguish'd. But if this be narrowly look'd into, it will appear in all the respective Times, That this was mostly in the Field, Flagrante Bello, and in the Heat of Blood; And I think I may truly say, only and peculiarly with re_spect to it. For so soon as the Sword of War was sheath_ed, whatever Party had the better, those few Attainders that were made afterwards deliberately and by Law, were only of Military Men, who actually fought with, and oppos'd with their Lives and Fortunes the Claims and Pretences of the Prevailing Party, and not the thou_sandth part of them neither, and much less of any others: And of this, besides several others, We have a mighty In_stance in the Reign of Henry 4th. which was a Reign of Pardons, and particularly the Generous Pardon he gave to Bishop Merks, after his Tryal and Condemnation at the Old Baily, who had so openly and freely oppos'd him, and his Claim in Parliament. And I believe there is not one single Instance in all our Histories, under all the various Concussions of State, that the Storms of the respective Re_volutions ever fell upon one single Man, who had not been in Arms, however he might, in Opinion and Judgment, be thought a Favourer of the other side. And even these Severities, were thought by Henry the 7th and his Parliament, so harsh and cruel, so contrary to Reason and Hu_manity, against all Laws, Reason and good Conscience, as the Act expresses it, That they did all that Men and Law could do, to put a final End to it, That such Proceedings and Practises might never more be seen in the English Nation. This is that famous Statute (11 Hen. 7. Ch. 1.) which expresly provides, That from henceforth no manner of Person or Persons that attend (the King for the time being in his Wars, or act by Commission from Him) be in no wise Convict or Attaint of High Treason, ne of other Offences for that Cause by Act of Parliament, or by any Pro_cess of Law, whereby any of them shall forfeit Life, Lands, Tenements, Rents, Possessions, Hereditaments, Goods, Chattels, or any other Things, but be utterly discharg'd of any Vex_ation, Trouble or Loss. And if any Act or Acts, or other Process of Law hereafter happen to be made contrary to this Ordinance, that then that Act or Acts, or other Process of Law whatsoever stand and be utterly void. This is certain_ly the utmost Provision of Law, and 'tis impossible that any stronger can be made by Men. And whatever other Construction may be made of this Statute, 'tis evident that hereby all violent Excesses of Revolutions are not only re_strain'd, but perfectly taken away, that however it may happen in the Field and in the Heat of War, yet that no after Ravages should be committed, and Men should not be destroy'd by Law, who had escaped the Sword. I need not reflect how suitable this Law is to the mutable Estate of Mankind, and the Vicissitudes that constantly accom_pany all Humane Affairs; And that the contrary Practise in the foregoing Revolutions, was nothing else but a Seed_plot of Destruction, making Sorrowful Precedents of Re_venge, which, upon every turn of State, was sure to be fol_low'd Home, and retalliated with Interest. But, it is very remarkable, that when K. Henry was the Regnant Power, and in Possession of the Laws, instead of sharpning the Edge of the Laws in being, or contriving new ones to Impeach, or Detect his Adversaries, he should take the direct contrary Course, and provide by the strongest Law he could make, that none of his own Followers, and Adherents shou'd be Impeach'd, or suffer by any Course of Law, for assisting him: And, the Circumstance of Time makes this yet more Remarkable. When the Dutchess of Burgundy (an Implaca_ble Enemy to him, and his Family) was from Abroad, setting on foot all possible ways to disturb his Peace, when there were Spurious and Supposititious Titles set up against him, and, when he knew the Favourers of the other House at Home were neither few, nor Inconside_rable, in this very Juncture; and in the flagrancy of Per_kin Warbeck's Pretensions, and Motions, instead of send_ing a Scrutiny throughout the Land, instead of framing Tests to discover Mens Intentions, and try how they stood affected; he takes especial Care to put an Ever_lasting Period to the Bloody Methods of former Revolu_tions, and that his Followers might be Indemnified from all Attainders, Convictions, or Forfeitures for adhering to him, and Serving him in his Wars. This Wise King, (and a Wiser perhaps never sat on the English Throne) no doubt, did what he esteem'd best for his own Security, and he thought this Method tended more to his Esta_blishment, than all the Sanguinary Proceedings, and In_quisitions in the World. And, his Wisdom did not fail him in this, no more than it had done in other great Instances, for, hereby he became an easy Master of his Enemies, Reign'd gloriously himself, and transmitted a clear and uncontested Crown to his Posterity, and who reign'd for the most part in Peace, and without any consi_derable Interruption for five Generations, till in the Reign of the Sixth there arose a Sort of Men, whom neither this Law, nor the Law of God, nor all Obligations Divine and Humane could hold from laying violent hands on, not only the Followers and Adherents, but the sacred Person of the King Himself.

And this is the next Period of Revolutions in this Na_tion, and which indeed was of a Dire Complexion, more Tragick and ghastly than any that went before, and yet more mild and merciful, than our Author's kind Proposal. The Reign of the Covenant was Fierce and Cruel, turn'd out all that wou'd not swallow it; but then there it left them, its Rage was satisfy'd with their Places and Prefer_ments, without further Pursuit of their Persons, An Englishman might be a Non-Covenanter, and yet an En_glishman still, the Laws were as open, all other Priviledges as free to him, as to the most Zealous Covenanters; And so soon as he was thrust out of his Office, he knew and felt the worst of it. And altho' the Military Executions were very bloody and Cruel, altho' the Violences upon particular Men were very Inhumane and Bruitish, altho' the Compositions for Delinquency (the then stile of Loyalty) were very exorbitant, yet all this notwithstanding there is nothing during that whole Interval of Perfidy and Trea_son, of Fury and Violence, that can match the Dimensions of our Author. For even in the heat of War their Se_questrations had Savings, and there was a Reservation of a fifth Part of the Estate for the Maintenance of the Wife and Children; And afterwards when they became Masters of the Field, and of the whole Kingdom, they forc'd the Royalists, who had bore Arms against them to hard Compositions, and at length disabled them from holding any Office of Trust, and from giving their Voices for Election of any Person into such Office, which, tho' very hard and unequal, tho' it was a very Intemperate and Unchristian use of their Prosperity, was notwithstanding far more moderate than the Treatment our Author prescribes, for when they had pass'd their Compositions, the Remain_der of their Estates, and themselves were free, and a dis_ability to bear Office or chuse Officers, did not disable them from any other Benefit or Protection of the Law, but bating these particular Exceptions and Limitations, all other Advantages of the Law were left open and intire to them. This was the Case during the whole Reign of the Covenant and Directory, These Men had forc'd them_selves into the Possession of the Laws, and the intire Power of the Nation, they had their Adversaries in their hands, and intirely at their Disposal, they knew their Sentiments and Opinions, their steddy and immoveable Loyalty, had felt the Force of their Arms in that Cause. Yet in these Circumstances these Men (not the most merciful in the World) thought something else became them than to an_nihilate their Adversaries; and root out their Name and Memory from the face of the Land. The Conclu_sion from hence is, That if their Mercies were cruel (as indeed they were) yet in comparison of our Author's, they are Mercies indeed, and must be so accounted.

'Tis true, when they had arriv'd to the highest pitch of Villany, when they had murder'd the King, and har_den'd themselves with Royal Blood, then, and not till then, they came up to the size of our Author; for then an Engagement was fram'd, with our Author's own Penal_ty upon the refusal to subscribe it, and 'tis probable he transcrib'd it from thence; for there is no other Instance of any such Proceeding, or any thing like it, through_out the whole English History. But this sure is no Inviting Precedent; the unparallell'd Impiety of that Act, will surely reflect everlasting Infamy on the Persons and Exam_ple of the Actors; and let it for ever be remember'd, that the Authors of the Engagement, and of the Act for the Tryal and Murder of K. Charles the First, were the same Persons; and then let every Englishman try his Con_stitution, whether it be fit to write after the Copy of the most Bloody and Barbarous Sett of Men that ever yet appear'd on the English Stage. And yet even this will ad_mit of Mitigation and Abatement; For how terrible and severe soever it was in the Enacting, yet the Execution, either never at all; or very rarely came up to it. The Presbyterians cry'd loudly against it, both wrote and preach'd against it, with all the Earnestness and Violence they were able, and doom'd the Subscribers to the Pit of Hell; and yet as far as ever I could find, not one of them (nor perhaps any other) ever smarted under the Penalty of it. Whitlocks Mem. p. 428.

However, upon the next Turn, when Oliver got the Reins in his hands, he totally abolish'd the Engagement, with all its hideous Train of Disabilities and Incapacities, and re_stor'd the Course of the Law indifferently to all Men; And the Preamble of this Ordinance is remarkable; Scob. Collect. pt. 2. pag. 277.Whereas ma_ny General and Promissory Oaths and Engagements in for_mer Times impos'd upon the People of this Nation, have prov'd Burthens and Snares to tender Consciences, and yet have been enacted, under several Penalties, Forfeitures and Losses; upon Consideration whereof, and out of a Tenderness of requiring such Obligations, &c. And this he prov'd true to all his time, and this Ordinance was confirm'd 3 Years after by his Parliament. He knew the Persons and Tempers of the Royal Party as well, perhaps better than any man in the Nation; He knew their Principles, and Vertues, their steddy and unalterable Loyalty; He knew further they were irreconcilable Enemies to him and his Government; and yet notwithstanding during his whole time, there were no Insnaring Oaths, nor hampering Tests generally impos'd. And if this was done out of Tender_ness, as he pretended, it had so far a Shew of Piety, as not to be instrumental to the prophaning and dishonour_ing the Name of God, by dreadful Menaces and Terrors to compel Men to forswear themselves; however, let it be for what End it would; let it be Magnanimity, Gene_rosity, Policy, or any thing else, it was certainly better for them, and probably for himself too, that when he had them in his Power, he did not provoke them for the saving their Carcasses to damn their Souls by Perju_ry and Hypocrisie; nor yet to make their Refusal an in_humane Opportunity to revenge or enrich himself: He knew, as well as any man, how to dive into their most secret Contrivances and Councils, but his Methods for this were not by setting on foot, (nay he perfectly laid aside) a State Engine to rip up Men's Consciences, and make their inmost Thoughts the Objects of Punishment. The Act that was fram'd for the Security of his Person, and at that very time, when there were actual Endeavours both at home and abroad to unsettle him, as both the Histories of these Times, and the Preamble of the Act it self ex_presseth it as well in foreign Parts beyond the Seas, as also within this Nation; Yet the Security that he and his Parliament provided, was only against actual Attempts and Overt Acts; Shall attempt, compass, or imagine the Death; and such Attempting, Compassing, or Imagining, shall declare by open Deed, or shall levy War, or Plot, Con_trive, or Endeavour to stir up, and shall by open Deed declare such Endeavour. This was all the Security he had, and (as far as appears) all that he requir'd, and the rest he left to his own Vigilance and Care; He knew by Ex_perience, that forc'd Oaths were no Support of any Go_vernment in the world, it might ensnare their Consciences, but would prove no Security to him; Men's Fidelity arises from the Sense of their Duty, and where that is, an Oath is needless; where that is not, the Oath will always be esteem'd rash or sinful, and conse_quently, not obligatory, it may involve them in guilt, but can never bind them. And therefore he quitted this Method either as fruitless or noxious; there were no such things generally impos'd on the nation during his Government, and as far as I can find all the Publick Oaths were His to the Commonwealth, and the Members of his Parliament to him: and consequently that no man suffer'd as a Non-Juror in his time; and I may add none out of mere Disaffection or Enmity to him, but only for actual attempting against him; He kept up indeed their Disability for Places of Trust, but for other Advantages of Law, they were free to all, and no man excluded.

But there is one thing in his Reign, that I ought not to omit, which looks like Compassion and good Nature, but from what Root soever it sprang, it deserves to be taken Notice of; There were no Men in the World next to the King, and the Royal Family, that he hated more than the Orthodox Clergy of the Church of England, and he could not do otherwise, for their Principles were di_rectly and irreconcileably opposite to him and his Govern_ment, and no Application could ever procure from him a Toleration for them, as he had granted to all other Pro_testants, of all Denominations. And in pursuance of this, he makes an Act to eject them from their Livings; and to be sure to have it done effectually, a Sett of Commis_sioners are appointed in every County, and impower'd to displace them; Scob. Coll. pt. 2. pag. 344 But then the Act contains this Proviso, That in Case the Minister so displac'd, hath no other Tem_poral Estate sufficient to maintain his Wife and Children; then the said Commissioners shall allow unto the Wife and Children of such Minister, so ejected, for their Maintenance, a Proportion not exceeding the fifth Part of the Profits of such Benefice, and which the Commissioners are authoriz'd to cause to be paid; and in default from time to time to sequester the Profits for the Payment thereof, and all Charges in and about the same, during the Life of the ejected Minister. And this was not a sudden Transport of good Nature, no such hasty Blast of Favour as immediately to cool, but a settl'd Resolution; For two Years after, this Ordi_nance was not only confirm'd by his Parliament; but a new Act was made, and which seems to be somewhat more advantageous to the depriv'd, viz. If the ejected Minister have not of real Estate 30l. per Annum, or 500l. of Personal Estate, then he is to be allow'd a Fifth Part during Life. So that it seems the Doctrine of Abso_lute Exclusion was a little too rigid for the hard Heart of Cromwell himself; He mortally hated the Loyal and Ortho_dox Clergy; he knew they never did, never could own him; and he depriv'd them indeed and turn'd them out, but then not only left them the Protection of the Law, but pro_vided out of their Benefices a Proportion for their Subsistence.

To close up this, I crave leave to add a pertinent Sto_ry. When Bradshaw sat Judge at Chester, there came be_fore him a Cause of Meum and Tuum, between a Crea_ture of the Government and a Royalist; a mercenary Lawyer, thinking to prejudice the Royalist's Cause, be_gins to fall foul upon his Person, to represent him as a Delinquent and Malignant, an Enemy to the State and present Government, and one who had been in Arms for the late King. But Bradshaw soon stopt his Mouth, and upon that made a solemn Speech to the Auditory, import_ing how indecent it was to fall upon the Afflicted, how harsh and unseasonable to revive and bring into Men's Minds the Miseries of the late Troubles; That the Case before him was not Matter of State, but private Proper_ty; that he sat there not to judge of Men's Persons, or private Opinions, but Causes; and that for his part, he would endeavour to his Power to administer Justice e_qually and indifferently to all Persons. This I had from one of the Auditors: And if our Author please, let him review his kind Proposal, and see how he likes it, when it falls so far short of the Temper of the most insolent and bloody Regicide, that ever this, or perhaps any other Nation, hath bred.

Upon this short View of the Revolutions in our own Nation, 'tis easie to see how much some Men are mista_ken in their Politicks, as well as Humanity, when they are so frequently crying out, If you do not own the Government, you ought to have no Protection; if you do not Swear, you are Inexcusable, and ought to be ab_solutely Excluded from the Benefit of the Law; if some Men had the handling of Thunder, the World would quickly be made thinner; but, Governours, as they are in high Posts, so they are high in Wisdom, and manage their Affairs, not by Passion, and little Sentiments, but by exact Measures, they know, that Lenity and Forbearance tend more to their Establishment, than Rigid, and Au_stere Methods; and this, as 'tis always true, so it hath moreover an addition of Justice, with respect to Revo_lutions, in Hurricanes, and Tempests of State; 'tis Impos_sible that all Mens Minds shou'd be settled, and 'tis Im_practicable to attempt it. Governours have the Temptations of Honour and Profit of their Side, and, if that will not do, to be sure Force will not, which never yet gain'd any Man's Assent, tho' possibly, it may an outward, and Hy_pocritical Compliance; and, if the Government hath not a Man's Conscience, he hath not the Man, let him Swear never so much; and, if he be driven to it by Terror, and Compulsion, he is but so much the more imbitter'd, and more Enabled too to act with Prejudice, And, so long as there are different Sentiments in a Nation, 'tis certainly better for any Government, to have them stand distinguish'd, for then they are known, may be easily watch'd, and their Attempts (if any such should be) as easily fru_strated; but, if they are forc'd to Incorporate into the Multitude, and made capable of the Advantages of the Government, they are thereby only made capable of doing more harm, if they are dispos'd to it, and that even by an Authority, and Interest, deriv'd from the Government it self, Upon these, or perhaps better Reasons, the fore_going Revolutions ever declin'd the drawing Men by Vio_lence, and Racking them into Compliance; and, the Good, and the Bad, the Gentle, and the Tyrannous, have thought it hitherto enough for their Security, to hedge in their Persons by the Fences of Law, against all At_tempts, and to fill all Places of Power and Trust, with their own Adherents, and, for the rest, to leave them at quiet if they would, or to be otherwise at their Peril; and, this middle way, as 'tis most agreeable to Reason, Humanity, and Interest of State, so it hath been veri_fied in Fact, for, 'tis the Path, that I believe, all Revo_lutions have walk'd in, to be sure all our own, except one single Instance, which, as it was never put in Exe_cution, so it is an Example of Men so prodigiously Lewd, and Scandalous, so abominably, and above measure Impi_ous, that 'tis a Horrour to think of them, and much more to Imitate them: And the Tyrannies of Nero, or Helio_gabalus, are more Imitable, and fit for Example.

And yet, after all, we humbly conceive, that our Case is more favourable than any that went before, in several Respects.

There is this considerable difference between this, and former Revolutions, That as all former Revolutions were acquir'd by the Sword, and passages thro' Blood, and that not only of their Adversaries, but their Friends, so the Slaughter of their own Party rankled in the Minds of the Victors, and begot Heart Burning, and Revenge; but in our Case, the Ascent to the Throne was easie and safe, without Bloodshed, without Opposition, and consequently without any provoking occasion to Exasperate, and In_flame the Passions, here was no room for Reprisals, none for attoning, and pacifying the Ghosts of the Slain. When K. Edward the Fourth came to York, he saw the Head of his Father, and of others, his Friends, yet re_maining upon the Walls, and this did so incense him, that be forthwith caus'd his Prisoners, the Earl of Devonshire, and three others, to be Beheaded, and their Heads pla_ced in the room of the others, of which Action, Ha_bington, p.19. (the Author of his Life) makes this severe, but just Reflection. An action too much savouring of the An_cient Heathen; the Souls of Christians no way requiring their Murthers to be reveng'd, or their Injuries appeas'd with such an Offering.

The Principles of the Respective Parties concern'd, either in high Posts of Legislation, or otherwise under the Government, seem to plead for us, and to be Advocates for Mitigation and Forbearance. And if they please to consider them in their just consequences, We presume they will find them moving in our Favour.

There are two general Parties in the Nation, how_ever subdivided; the Dissenters, and the Church Party, The Dissenters for a whole Age, and more, have been loudly inveighing against Persecuting tender Consciences; and by Conscience, we presume, they do not mean on_ly their own, but other Men's also, when it is truly Con_science, and not pretended, nor that this was a Tempo_rary Doctrine, calculated for Seasons and Opportunities, and fit only to be taught their Governours, when they themselves were in a state of Suffering, but constant and permanent, as fit for them to learn, when they are in Power, as when they were under the Power of others; And this can only evidence the Sincerity of their Pre_tensions, and shew that it was not Clamor, but their true Judgment, when they shall be as ready to exercise it to_wards others when it is in their hands, as when it was not to demand it for themselves. Further yet by Con_science, We presume they do not mean only a rightly in_form'd Conscience, for there is no doubt that Right ought not to be Persecuted, but such a Perswasion of Mind, which must ultimately guide a Man whether he be in the right or wrong. That is, when a Man uses all honest Endeavours, and his best Skill rightly to inform himself; and if after this he happens to be in an Error, 'tis rather to be pitied than punish'd. Lastly, by Conscience being persecuted, neither they nor we mean, the Punish_ment of outward Acts and Attempts, and violations of Law; but such a Perswasion, altho' differing from the Sentiments of Superiors, as is withal peaceable and quiet, offends no man, disturbs no man. Upon these Limitations We think, We may reasonably desire from them the Bene_fit of their own Principle, and We must confess that in their private Capacities, We have met with fair and mo_derate Treatment from them; Nor can I think that this Excluding Project came out of their Quiver. And this is yet further inforc'd, if they consider that there are two Cases, in which their Sufferings in some measure run pa_rallel with our own, that is, the Renouncing the Covenant and the Sacramental Test, the one determin'd, the other yet in being; in both these Cases they heretofore did, and yet do think themselves hardly us'd, their natur_al, and Native Rights violated, and yet the utmost Seve_rity of both these, were only Exclusions from Offices and Places of Trust, which we suffer already, and are con_tented to suffer. We desire no Places of Profit and Pre_ferment, till we comply to the utmost; In the mean time, if the Terms of Refusal are esteem'd such a Hard_ship upon themselves, because they cannot in Conscience comply with them; our declining the Oath for the very same Reason will be no Inducement to them, acting con_sistently with their own Sentiments, to give their help_ing Hand to lay far heavier Impositions upon Us.

In the next place the Church Party, We humbly con_ceive, have yet more Reason for Moderation and Tem_per; It is not so long since, as either they or We can forget, that We were One Body, mutually agreeing in, mutually suffering for the same Cause, and (as far as we know) upon the same Principles. And if they please to cast their Thoughts backwards, and review our Behavi_our while we walk'd with them; We believe they will find no Reason to suspect our Sincerity, nothing to pro_voke their Hatred or ill Will, and much less a severe and hard Treatment. But this is a String we must not touch upon, and Modesty bids us forbear; however, as We have always hitherto, so We yet crave leave to insist upon (and We desire to do it without Provocation or Reflection) That the Principles upon which we suffer, were their own, as well as ours; And if they are so still, for them or any of them to be instrumental in laying on our Afflictions, is to prey upon their own Principles; it savours too much of the Cannibal, and is devouring their own Kind; and to see Passive Obedience crucifying Passive Obedience, is the most unnatural thing in the World, and which can be parallell'd by no other Party or Perswasion besides. And whensoever they concur or give their Vote for our Miseries, in Religious and Mo_ral Construction, they lay violent hands on themselves, and commit Outrage in our Persons, on their own Sen_timents, and Thoughts of their Hearts. If it be said here, that We lay these Principles on too narrow a bottom, and we ought to have understood them in their just Latitude. We answer: Be it so; why then, the Consequence is, That the same Principle streightned and contracted, confines the Behaviour within narrower Li_mits, when the same open'd and enlarg'd, gives greater Liberty in Practice. But 'tis a strange Latitude indeed, and gives a monstrous Turn to it, which impowers it to destroy and devour the same, though streighter; 'Tis certainly the same Principle, however modify'd, and if by vertue of a new Modification it can contract such terrible Qualities, the mildest Principle in Religion may soon be modify'd into the most Savage and Bruitish; 'tis but tacking a Latitude to it, and then it may do any thing in the world. However, let the Foundation be what it will, We have laid it no narrower than they have done themselves, our Principles are in their Laws, Books, and Sermons litterally and expresly, without any such Latitude, or Caution; and if We have swallow'd them implicitly, or with due and reasonable Care, have examin'd and entertain'd them, some share certainly of the Mistake (if such it be) is owing to them, and they, in some degree, are responsible for the natural Conse_quences of their own Doctrines and Instructions; And 'tis a hard way of paying of Debts, and attoning for the Inconveniences into which they have lead us, by as_saulting us with Vengeance, and helping forward our De_struction. If it be yet further said, that they have quit_ted these Principles upon good and substantial Reasons, let that be granted too, then that is in the nature of Repentance; And the natural and proper Effect is to produce Compunction and Grief, for having been mislead themselves, and for having been instrumental to se_duce others; but it operates the wrong way, if instead of begetting Sorrow in our selves, it serves only to heap up Sorrow on the Heads of others. This is indeed an Act of Revenge, but the Object is mistaken; For in such Cases, the Object of Revenge is a Man's own self, and there it ought to terminate, and not on his Bro_ther, tho' he be mistaken, 'tis a mere Secular Device and Artifice, and hath nothing at all of Religion, when Men think to evidence the Sincerity of their Change by falling foul on the Principles or Party they have quitted; they may give their Reasons with the best Ad_vantage they can, but sure 'tis fit, that at the same time they with-hold their Hands, for of all things Force and Violence are most undecent and unbecoming Qua_lities in a Convert. And look throughout the World, from the Days of Cain until now, and you will certain_ly find, That Renegado's and Apostates only, have been the Persecutors of their former Brethren, and that 'tis only a Consciousness of forsaking the Truth that sours their Tempers, and degenerates into Fury. For a Recovery from Error upon honest and full Conviction is quite another thing, it always leaves upon the Soul a strong Impression of its own Infirmity, the Experience of their own Errors, joyn'd with the Ingenuity of own_ing and forsaking them, inspires them with Thoughts suitable, and begets Candor and Mildness towards the Errors of others, with a more particular Tenderness to the Case we have been involv'd in our selves; And whatever Arguments for Compassion may be drawn from the lapsable Estate of Mankind, they are tenfold more Cogent and Weighty, if the Lapses were once our own; If we our selves have been overtaken in the same Case, and in the same Instances. So that upon the whole, turn it which way you will, Let the Party of the Church either believe the same Principles that we do, or let them hold them in a differing Latitude; or let them perfectly forsake them (which three Divisions we believe include at least nine Parts in ten) in all re_spects, and with reference to all the Divisions, the thing we are Pleading against, is equally repugnant, and incon_sistent, as unaccountably Harsh, and Severe.

We have a Mighty Instance in our own Nation, to Illustrate this whole matter. In the days of Queen Mary, we see the false Principles of the Roman Church, join'd with the Apostacy of those who complied in the former Reign, spread themselves all over the Nation, in Martyr_doms, and Executions, in all the Bloody, and Violent Methods that Rage and Malice could Invent, or Exe_cute. From whence it hath been well observ'd, That that is a strange Religion which divests Men of Huma_nity, which, instead of smoothing the Asperities of Hu_mane Nature, Enhances, and Inflames them, and makes them ten times more Fierce and Cruel by Religion, than they were by Nature. But, so soon as the Reformation re_cover'd again under Queen Elizabeth, the Spirit of Mild_ness, and Mercy reviv'd with it. Fire and Faggot were at an End, and the Triumphs of Truth were seen not in Slaughters and Bloody Victims, but in Li_ving objects of Mercy. The Queen her self had been ve_ry ill used, and withal, in great danger of her Life; the Provocations in general had been very high, and Exasperating to Flesh and Blood, the Wounds many and deep, and withal, fresh and Bleeding; and, yet be_hold the mighty Power of Truth, and true Principles, which, instead of pursuing Revenge Abroad, subdued the Tyranny of it within, and tied up the Hands of Power from retributing the like measure on themselves. The Reformation indeed, went on with Resolution and Cou_rage, but it was with great Piety too, as the Case was Religion, so it was Intire, and Uniform in all its Parts; Faith had not yet devour'd Good Works; Zeal had not eaten up Charity; the Name Protestant in those Days, meant the Thing, a mild, and merciful Religion and which inspir'd all its Votaries and Proselytes with the same qualities. It is true, Non-Compliers were disabled from holding any Offices, and the Clergy were actually depriv'd for refusing the Oath of Supremacy; but, their Deprivations were so Temper'd with Compassion, and Kindness, that they became not only Tolerable, but very Easie. In the High Commission, the Commissioners are expresly Impower'd to assign fit, and Competent Pen_sions to those who were put out, and of which, the Hi_storian saith, The Prudence of reserving Pensions for such Priests as were turn'd out, was much applauded. Pensiones legittimas congruas & competen_tes ceden_tibus vel resignati_bus. Hist. of Reform. pt. 2. p. 400. And, if that was all, Prudence is a Vertue both Laudable, and imitable; But much more where Piety is joyn'd with Prudence, and the grounds of such mild Proceedings are Religious, as well as Prudential. Thus upon the indul_gent Treatment of the Depriv'd Bishops, viz. That Heath Archbishop of York; lived securely at his own House in Surrey, and was visited by the Queen. That Tonstal and Thirleby liv'd in Lambeth with Parker, (the New Arch_Bishop) with great Freedom and Ease. That even Bon_ner himself (the bloodiest of them all) was suffer'd to be in safety, and Skreen'd from the Fury of the Enrag'd Mul_titude. The same Historian makes this Reflexion: As the Queen was of her own Nature merciful, so the Reformed Divines had learned in the Gospel not to render evil for evil, nor to seek Revenge. And as Nazianzen had of old ex_horted the Orthodox, when they had got an Emperor that favour'd them, not to retaliate on the Arians their former Cruelties, so they thought it was for the Honour of their Religion, to give this real Demonstration of the Conformi_ty of their Doctrine to the Rules of the Gospel, and of the Primitive Church, by avoiding all Cruelty and Severity, when it look'd like Revenge. Now if these were good Doctrines then, they are certainly so still, and come home to our Circumstances with all possible Advantage, there is indeed a great Disparity between the two Cases, but every branch of the Disparity turns in our favour, and concludes in all respects more strongly for us. We need not pursue the Comparison, a Man that Runs may Read it, both with Respect to them, and to our selves. This Author is now in a Post to give Evidence of his own Doctrine; and, if the Honour of the Reformation, the Rules of the Gospel, and of the Primitive Church, have any Prevalency at this Day, we may yet hope to see the Consequences of them in Practice, the same Celebrated Effects reviv'd a_mongst us, and Demonstrated in real Acts of Clemency, and Forbearance; and therefore, We cannot conclude bet_ter, than in the next Words of the same Historian, (which were not spoken Exclusively, but, by way of Panegyrick, as a Noble, and Pious Example, fit for himself, and o_thers to Imitate.) All this might have been Expected from such a Queen, and such Bishops.

&horbar FINIS. |CPO |Y1711 REASONS FOR RESTORING THE WHIGS. &horbar &horbar LONDON, Printed in the Year 1711. Price 6d. &horbar &horbar REASONS for Restoring the WHIGS.

NOthing is more generous than to take part with People in Distress, when it is none of their Fault that they are not still in Prosperity. To see a Set of Men run down by the common Cry, even to Contempt, whose Numbers are as formidable as ever, and who continue to maintain the true pub_lick-spirited Doctrines of Revolution and Re_sistance, to see these despised by those very Men, who do not so much as pretend to have a_ny Defence against such Weapons, is very un_accountable. The Elect do not know what it is to despair: and till that happens, the Tories ought not to triumph. But nothing is surpri_zing in an Age of Amusements. Whilst some are contending for the very odd Maxim, That they ought to be preferr'd, who would be good Sub_jects, tho' they were out of Favour: Others are no less idly sollicitous about restoring those, who have the only Pretensions to Power, whether to pro_cure or to keep it. I take it for granted, that the Whigs must and will come into Play again: because they are the only Masters of all those use_ful Arts and Inventions, by which, under Provi_dence, Turns and Changes are brought about in the World; and therefore since it is, and ever was the Business of that Party, of which I pro_fess my self an unworthy Member, to give intire Satisfaction to all sorts of Consciences, I shall en_deavour to prepare my Fellow-Subjects for the Alteration, by laying down the best Reasons for it I can. This I take to be a very good Method, to give Reasons before we come into Power, be_cause we may not perhaps be so much at leisure to do it afterwards. I am sensible, that the Pre_rogative may make this happy Removal as it for_merly did, without giving any Reason for it at all; but since the straining of the Prerogative is notoriously a Tory Device, and because I think all arbitrary Proceedings, especially whilst Tories are uppermost, ought to be discouraged: I shall de_bate the Matter with all the Calmness and Mode_ration, that becomes a Lover of Truth, and a hearty Friend to his Country.

If we have the Welfare of England at Heart, and would gladly be delivered from this long and expensive War, in which we are engag'd: We should wish with Impatience for the Restoration of the Whigs, who are the only Men that can put an End to this Affair with Safety and Honour. The Conduct of the Tories, since they have been at the Helm, will soon convince us of all this. They have taken Care of the Indies, and made a Trade and Advantage of that, which at all Ha_zards should have been undertaken, I mean the Conquest of South America, which at long run is the Conquest of France; they have provided for Spain, and stopt the growing Debt of the Nation; by which Measures, the War may last some three or four Years longer, unless an unexpected Peace should intervene; whereas, had the Whigs been suffer'd to pursue their Method: Had the growing Incumbrance Risen into a general Dun: Had Spain been starv'd to enable us to take three Towns with six Millions, that cost the French King almost half the Sum for Purchase and Forti_fications: Had the Foreign Plunder devolved wholly upon the Dutch, and the Domestick upon their private Allies: Torcy could have banter'd us no longer, tho' the Confessor to the Army, who knows so much of the Management of the War, had himself been in the Secret: But we must have had the invaluable Blessing of Peace; our Credi_tors would have been sure of their Power for many Generations, by having run us so very deep, and therefore would have no more occasi_on for the War: There had been an end of all our Troubles, and the Whigs would have stood to their first Word with Honour, and owned the Duke of Anjou with a most profound Submission to Providence, which perhaps might have been mentioned in the Journal. Whereas, under the Tories, how far off is this delicious Prospect? Per_haps we may have a Victory to match Ramellies, Oudenard, and Blaregnies, and so computing Hockstat among the Tory Triumphs, bring the Ballance to that side, whereby we may go on planting Lawrels every Year, till the Grove grow to a Wilderness. The Whigs therefore must be restored, if ever we design to be at lei_sure to fight altogether among our selves.

Nor is there less Occasion for them, if we se_riously consider the great Necessity there is, of strengthening and keeping up our Foreign Alli_ances. There is all the Reason in the World to accuse the Tories of great Remissness in this Ar_ticle. I would not be thought to write for a Par_ty, or to judge out of Prejudice: But let any indifferent Person tell me, whether there does not appear a great Suspicion of Avarice and Narrow_ness of Spirit in all their Transactions beyond Sea. Little else was regarded in all Treaties, but their own Interest: As if England was to come in Competition with all Europe. If any useful Branch of Trade was in Dispute, they pre_sently claim'd it for themselves; if a Town was taken, they immediately brought in their Part_ners for Powder and Shot; if a Territory was to be divided, who but they to be the Foremost in the Scramble. If my Memory do not fail me, for I would not wrong them, they once weighed a few Paultry Gunsmiths against the whole States General, and insisted on a meer Punctilio of Ho_nour, with the ever valiant and victorious Por_tuguese. I appeal to the Knowledge of all who have been conversant in these Affairs, whether there was not a greater Regard paid to our Allies, under the Administration of the Whigs. Did we think it worth our while to Quarrel with a Neighbouring Country for a few nasty Fishes, or the Raree-Show of a Company of Monsters from Africk? When one of our good Allies was over_stock'd with Poor, did we not take vast Numbers of them off his Hands, at a Time too, when our own Poor were very numerous, and in a starving Condition, so generous was our Charity without any Regard to our own Profit or Advantage. Is there a Religion in Europe, that has not been en_couraged by us here in England? If those, who were troubled with Superstition, would have con_ceal'd themselves, and been of no Religion at all, rather than of a bad one, they might have been Favourites in our Eyes. Did we not wholly neg_lect our own Barrier the Seas, and increase that of other People, without any Respect to Self-In_terest? And till the same well disposed Persons are restored, must we not be under the strongest Apprehensions imaginable, that the Grand Al_liance will soon be broken: and then what do we think will become of the Protestant Religion and Liberties of Europe.

I suppose the most Hardy and Impudent Tory breathing, will not pretend to dispute with me, whether the Interest of the Hannover Family were not better provided for under a Whig Admi_nistration, than under Them. I shall not now mention their slavish Doctrines of Passive Obedi_ence, Non-Resistance, and Hereditary Indefeasable Right, which no doubt must agree admirably well with the Temper and Genius of a German Prince. I would not bring against Them a Rail_ing Accusation; the Cause of the Whigs wants not any such Arms to defend it; our own Acti_ons, done in the Face of the Sun, will witness for us, how much we are concerned for that Illu_strious House. By our Behaviour towards the Glorious King William and Her Present Majesty, the Serene Princes of That House may know, what They are to expect. Did we not Limit the Prerogative, and Cramp the Succession Acts, on purpose to get the Power into our own Hands, and into the Hands of those High and Mighty Ephori, whom we had appointed for the Inter_regnum, on purpose to keep it for their sakes? Have any People been truer to their Oaths and Publick Engagements, than we have been, and can any Thing be a better Security for the Suc_cessor to depend upon Us? It is very true, we have endeavoured all we could, to fix the Birth_right in another Person. But every Body, who has not a Party-Mist before their Eyes, may easily see, upon what Reasons we went: For how can any one Branch of the Hannover Family ever claim in virtue of this Right, if the Birth of a Prince shall ever be disputed after so much Un_questionable Evidence? It is no strange Thing, to have such Calumnies spirited up against us, whilst we live among Tories. With the same Candor and Ingenuity They object to us, our lessening the Credit of the Succession by Repre_senting Three Parts of the Nation as Enemies to that Family, and in the Interest of the Pretender: and that we Endangered a Bill for strengthening the Succession, by Inserting a Clause, which might very justly admit of a Division; Poor senseless Impotent Malice! How is it possible for the Tories to hope to keep the Saddle long, when they are not able to fathom even the ordinary Depths of our Wisdom and Sagacity? We did indeed Represent the Tories as Enemies to the House of Hannover; but they ever loved to con_tradict us, and make us Lyars and False Brethren, and This therefore was the only way to bring them to be for it. We own, that Perkin did make an Attempt to invade us, whilst we were in Power, and seemed to have a particular Fancy to land amongst our Allies the Presbyterians; and that much about that Time, we would not let the next Heir come over only by way of a Civil Visit; But had we not just then been accused of making Turns and Revolutions our professed Principle, that we were always inclined to follow and pra_ctise? And could we give a greater Demonstra_tion of our singular Stedfastness to the House of Hannover, than by Receding occasionally from our Principles, and from our very Nature, for Their sake, by waving the Right of Revolution, adhering to the Establishment, and sending the Young Gentleman home again: Let the Tories, if they can, produce any one Instance, like these I have shewn, of their Loyalty and Fidelity to that Princely Race. They pretend, that we are for a Commonwealth, and we with more Justice object to them that they are for Arbitrary Power and Tyranny. Do we think a German Prince will not discern the Difference, and how much better it is to Rule a Free-born People, and a Race of Nobles fit to be his Companions, than a Nation of Slaves and Vassals? The Tories must not think to pass these idle Amusements upon a Wise and Judicious Court, which can never save them from Turning out, to make room for the True Patrons of the Succession. We all know whose Legacy it was, and can we suppose, that Legacies were intended for Enemies, and not for Friends?

There is another Great Concern, I mean the Security of the Protestant Religion, which I am sure can never flourish as it did, till the Whigs are again empowred to take it under their Pro_tection. Nothing can be more surprizing than to hear Jacobites, Highflyers, and Papists in Mas_querade, talk of preserving and maintaining the Protestant Religion. As for us, it has been our particular Care, ever since the Peace of Reswick. It was by our Direction, that the Famous Exposi_tion of the Church of England Articles was writ_ten, by which the Inclosure and Pale, that had been made up by the Tories, was thrown open, and a large Gap made, at which, under the Conduct of a Religious Naturalizing Parliament, the Fulness of the Gentiles marched in, and by joining Us, made our Forces more than a Match for the Enemy. I have heard it said, that some of These were not Protestants, and that others were not Christians; But did they not renounce Popery in a solemn manner? Did they not swear against Them even in an Unknown Tongue? If This will not make a Man a Protestant, I am at a Loss to know what a Protestant is. Let this therefore be reckoned among the Calumnies of that malicious Party. With what indefatigable Industry have we laboured to bring together, and reconcile under one and the same Protestant Denomination, Deists, Socinians, Atheists, Lati_tudinarians, Libertines, and Free-Thinkers? And can there be any Thing that can contribute more to the Security of the Protestant Religion, than Unity and Concord? When the Tories talk of one Faith and one Mind, They know, that what they attempt to bring about, it is impossible should ever happen in Nature; Men will differ so long as they are Men; Certainly in the Judg_ment of all discerning Persons, the Conduct of the Whigs is much the Wisest, by a General Tolera_tion to make it the Interest of all People not to Divide, tho they do Differ; by which means the whole Body of Protestant Dissenters are drawn in for Parties in the Common Cause of the Church against Popery and Superstition; and yet for This we have been called Presbyterians and Fana_ticks; and we have met with all the Opposition in the World from the Tories, whose constant Busi_ness it was to Divide the Well-affected as fast as we could bring them together. At the Revolu_tion, when the Protestant Religion was in the utmost Danger, whilst the Tories, to their ever_lasting Shame and Confusion stood out and kept at a Distance from that easy Monarch: We fell in with Him, concerted Measures with his Popish Counsellors, and ply'd him with all those Refined Arts, which Envy it self must acknowledge we are Masters of to a Perfection; by which we brought about that Blessed Turn, and preserved Religion at a Time, when the Slavish Dastardly Tories were preparing themselves for Smithfield Market. If therefore we have any Regard for the Reformation, and are Real and Sincere when we Declare against France and Popery, we should join Hands in behalf of Those, who are the most Professed Enemies to Rome, and Hearty Friends to every thing that is called Protestant in Europe.

The Gentlemen, who are now in Power, value themselves upon nothing so much, as upon their Loyalty, and Love of Monarchy, whose Rights and Prerogatives they always talk of defending and supporting. But we are not to try Men up_on their own Words. I am positive, if the Acti_ons of the Whigs can make a better Proof of their Fidelity to the Crown, it will soon appear who are the best Subjects of the two. The Learned and Judicious Mr. Ferguson, who was always a stanch Whig, whilst Youth and Vigour permitted him to be useful and serviceable, in his Account of The Qualifications of a Minister of State, ob_serves, that a Distrust of themselves was the great Foible of the Family of the Stuarts; but, with Submission, I think, their Distrust of the Whigs was a much greater Foible, who with all the most pathetick and solemn Promi_ses imaginable, could never obtain a Permis_sion to make them Great and Glorious Monarchs. K. James the Second did indeed trust them for a Time; but it was his Misfortune not to trust enough of them; and let any one shew me when any one Tory Corporation or County ever addressed the Throne in such high Terms, as the Whigs did at that Time. They ascribed to His Majesty, not only an absolute Dominion over the Bodies and Goods, but over the very Souls and Consciences of his Subjects. What could be more sincere, than their wishing, that they had Windows in their Breasts, that His Majesty might see the Inte_grity of their Hearts; and to prove that this was their old constant unalter'd Principle, the Tories themselves own, that if the King could have looked through those Glass Windows into their Breasts, he would have found nothing there but Old Standards and Second-hand Furniture. How loyal a Design was that in the Whigs, to make the Throne a Co-ordinate Power, and how Rudely and Unjustly has it been Misrepresented? Tho' to an Indifferent, Rational Man, nothing can seem a fairer and more ample Concession, than for the Whigs to allow the same Power to Crowned Heads, that ever they pretended to for themselves. Can it ever enter into the Head of any thinking Crea_ture to imagine, that the Whigs should oppose the Prerogative, or any the most ample Claim to Dominion; when not so much as one of the Par_ty can arrive at the Dignity of a Secretary, Trea_surer, or Lord Lieutenant, but they presently as_sume and exercise all that Glorious Unbounded Authority, which the Tories pretend they have disclaimed? By this they cannot be supposed, since they are only Ministers still, to mean any thing else but the Support of the Royal Character, which they represent; which is certainly doing Justice to the Rights of Monarchy. But let the Bigots of the other Party go on to censure them with no more Reason; they will find by Expe_rience, when the long-wish'd for Change comes, that the Whigs are no such Enemies to Soveraignty as they imagine. They have accused them of be_ing the Authors and Abettors of a strange Medley, call'd Mixt Monarchy; but what did they do, when they were uppermost, to deserve this? Did they not push at a Single, Sole, and Total Supreama_cy, without any Partners, any Mixture, or Coa_lition? The Tories vainly dream, that their Pas_sive Obedience and Non-resistance is the shortest Way toward the establishing of Royal Dominion; but they are, as they used to be, extreamly mista_ken. Few Monarchs will ever depend upon that Scheme: and besides, it is whisper'd, that they are not in earnest who propose it: For whatever Men resolve when they are in cool Blood, yet, as Mr. Asgill observes, when they are put into a Fright or a Passion, they know not what they shall do. But the surest Way to Monarchical Power, is the Republican System of the Whigs. A short Experiment of this sort never failed to produce as good a May-day Monarch as Heart could wish. Cromwell and Massanello went this way to work; they were Whigs in the making, and Tories when they were finished. If ever therefore there be occasion to restore Monarchy, the Whigs ought to be first restored, to pave the Way to that De_sign. Their Love of Regal Power is unquestion_ed; let them go first, and the other will soon follow in course.

If we Consider the Honour and Dignity of Par_liaments, I hope no one will deny, but the Whigs have a much greater Regard to This than the To_ries; and This is another Reason that ought to incline every True Lover of our Constitution to wish and endeavour Their Restoration. What an Ornament their Leading Orators and Speakers were to the Last Parliament, the Tories must remember to their Sorrow. The Figure they made, ren_der'd Them but too Formidable, and Hazarded their being made Hereditary, even in spite of their own Principles. They fell by their own Strength, and their Glory was their Ruin. What might not be Expected from such Men, who could win over a Learned and Reverend Bench of Pre_lates, to the truly Noble and Christian Duty of Self-Condemnation; and reduce Atheists, Deists, and Libertines, at least to a serious Enquiry after the Doctrines of Christianity? How careless were the Tories of the Senatorial Dignity, when they permitted the Liberties of England and Europe to be disposed of by those who subsisted on the nasty Elective Breath of Scot and Lot Men, Greasy Bur_gesses, and Indigent Potwashers? How much nobler was it, to leave This Mighty Decision to an Honourable Committee, Independent of such Scoundrels? This was truly Great and like Pa_triots, for none but such Senators were fit to Chuse Themselves! How many of that Order were Quartered upon Paymasters, Receivers, and the Subalterns of the Chequer? How many held Commissions in Commendam with Burroughs? What vast Numbers were out upon Subsistance and at Board-wages? Whilst others Thrived upon Lists, Bounties, and a Competency of Types and Shadows: Whom the Tories, had they been in their Places, would have Deserted and Forsa_ken in the Queen's Bench and Marshalseas; and what was all this for, but to enable all the Mem_bers to support the Dignity of Parliaments? They were truly sensible, how Great and Inestimable the Value of a British Senate was, and there_fore staked the Bank, the East India Company, the Treasury, and in short, all that Plunder, which the Saints had laid aside for the Work of the Lord, in purchasing those Rights and Privi_leges, which the Tories thought worth no more than a Tub of Ale, and a little good Neighbour_hood. It was not possible but the most useful Knowledge in Politicks, must be freely propaga_ted in that School, where Youth were regularly trained up: And as the Order of Nature requires, were taught to Speak, before they could either Write or Read. To declare the Events of War, even in spite of Chance: To conceal the growing Debt, by pronouncing the Receivers to have ma_nag'd well, which set the Bankrupcy still further off: And to publish the Royal Banns, tho' they knew that a strict Follower of good Q. Bess must certainly forbid them, were Attempts, strange_ly Glorious and Heroick: Such as no succeeding Senate must ever presume to exceed. This therefore must be said for the Honour of Parlia_ments, that tho' a Whig Dissolution is absolutely necessary to retrieve all, and tho' a Whig Parlia_ment must meet again, yet such a Whig Parliament will scarce ever meet at Westminster.

Every Body knows, that we are a Nation sub_sisting upon Trade and Merchandize, and that the Moneyed Interest is much too heavy for the Land, in the Ballance of the Publick Accounts. I need not tell the World, how much the Whigs have encouraged Trade: And that till They are Restored, we must never expect to see it prosper and flourish. For did not the Tories clamour a_gainst the Bank and East India Company, for not transmitting those vast Sums to Flanders or the Indies, where only Foreigners would have been the better for them, which they chose rather to spend in our own Burroughs and Corporations, for the Encouragement of the English Manufa_ctures? I am sorry to say, that such a Practice as this, wants no Colours in the Description, to set it off to the Life. How many Noble Bran_ches of Commerce have been lately sunk, and to_tally lost? The Premiums for Remittances are considerably abated: The Trafficking with the Debts of the Navy, the vast and profitable Trade to the Straights of Change-Alley, the Split-stick Income, and prodigious Importation of Privy Seals, the Augmentations for Secret Service, the Draw-backs upon Small-beer and Hopps, the Noble Manufacture of the Spanish Wooden-Legg, the Trade of War and of Peace, of Unions and Allian_ces, the great Advantage of Battles and Sieges, are all in extreme Danger: And God only knows how soon they may be at an end. And who are the Men, whom we are to thank for all this? I need not name the Tories: Every one will fix it upon them: Let them take it off if they can. How did they trump up the South Sea Company upon us, at a Time, when our East India Men began to dream of making both Worlds their own: And that all those, who before the late Whimsical Election, deserved to be sent to the Plantations they had purchased, would once more come to be necessary at Home. Nay not con_tent with this, did they not set up the African Company to be another Rival in Trade, at a Time too, when the Bank wanted to recover its Lustre: Whose Elective Monarchs had been so lately a Match for the Hereditary, and wanted but a few Points to get over, to be in a Capacity of bidding Money for the Patron of England, and erecting themselves into a Bank of St. George. Did they not bring in French Wines for Tory Healths, to the great Detriment of the Herefordshire Trade, whereas we managed the Correspondence to so much greater Advantage, by the way of Holland and Sussex? If this be not sufficient to prove, how much Trade has been discouraged by the Tories, let the many indigent Families, that pine and labour under their numerous Op_pressions, witness against them; let the Sir James's, Sir Gibby's, Sir Harry's, with the Il_lustrious House of Farnese, rise in Judgment against them, who must now starve for want of the other odd Plumb. I know very well, what the Fable of the Fox and the Flies means; I wish every Body else knew it as well; certainly they would never trust the Trade of the Publick with those, who have no Stock, who are empty and craving; whereas the Fat and Well-fed should, one would think, be much fitter for the Business; but this is easily evaded: They say, that Hunger is not so insatiable as A_varice: And that what we call our Wealth, is only the Arrears of the Parish, in the Hands of the old Overseers, which they can demand at Pleasure; see the Insolence and Folly of the Men! How ridiculous is it to say, they will not trust us, when they know, we must trust them, or they can never go on with their Trade. Here indeed I must drop the Argument: For I do not wish to see the Whigs restored, till press'd by Ne_cessity, and the Want of such Managers, the poor distressed Tories come with an awkward Face, and humbly intreat us to take the Shop, the Remainder of the Goods, the Book-Debts, and all the Trade into our own Hands. Again; then we shall soon see, whether the Proprietors of the Dunghil, or its Offspring, are most likely to grow fat and prosper.

There has of late been more Noise and Preach_ing about the Church, than ever was made in it, and all against the poor Whigs: Whereby great Numbers of the Well-meaning Layety, and even of the Clergy themselves, have been drawn into an ill Opinion of them: As if they were Ene_mies to the Established Religion, and intended the Hurt, if not the Ruin, of the Church of Eng_land; we have indeed tried her more than once, even as Silver is tried, but was not this for her Glory? Was she ever purer, or ever more flou_rishing, than in the Days of Primitive Christi_anity? And was not that an Age of Trials to the Church? I hope it can never be suppos'd, that Men of our Principles, could have a Design to ad_vance or promote any other Religion; whilst the Tories by lifting the Church too high, by moun_ting her upon a Hill and an Eminence, have made her as a Mark and a Butt, whereby she is appa_rently seated in a Place of Danger, exposed to e_very Assault; such a Situation as this, is no better than a &horfill; Pr�ceps immane Ruin� &horfill; I should be glad to hear one of that Party tell me, whether their erecting Fifty Churches by Act of Parliament, or our filling them by a General Comprehension, be the more meritorious Work of the two; I am sure, no Tory can say the first is the best of the two, without preferring Stone_Walls and Steeples before the Congregation, a dead Church before a living. What a ridiculous Coil have they kept about the Doctrines of Pas_sive Obedience and Non-Resistance; could any thing be more for the Service of the Church, than giving the Clergy a Power to defend it? Is not this delivering the Sword to St. Peter, and rai_sing a Church Militia, whereby she may be able to combat her great Enemies, the Papists and Pres_byterians? Who are the Men, that do most Ho_nour to the Church, they who represent her as a poor, disconsolate, weeping Virgin, pining and forsaken: Ridicul'd by her own Sex, and tamely ravished by ours: Or we, who dress her up as be_comes a Warfaring Amazon, with the whole Ar_mour of the King of Hosts whom she serves, able and prepared to defend her self, to make Princes bow down to the Dust of her Feet, to subdue the Kingdoms of the Earth, which have so long been promised her, to bind their Kings in Chains, and their Nobles with Links of Iron? When Men will wil_fully shut their Eyes against their own Good, and stubbornly refuse to see, or to know their own best Friends, I can't think it possible, but they must be often in Danger, and at last inevitably ruined; what could we be supposed to mean by our hearty Endeavours, to join the Church and the Presbyterians, but to strengthen and establish their Power and Interest? The Presbyterians are a Warlike Religion, the greatest Masters of Milita_ry Discipline of any Church in Europe: Such an Allie would have been of singular Use to a decli_ning Clergy, had they been at leisure to consult their own Happiness and Security. We own, we gave a considerable Check to Convocations, scarce permitted them to meet, and never suf_fer'd them to sit, and we glory in the Manage_ment; by this we gave the Church a Demon_stration, how much we had her Safety and Ho_nour at Heart, when we would not be Accessary to those unnatural Broils and Contentions, which so often endanger her Peace, nor put it into the Power of the Clergy to destroy one another. Can it ever be imagined, that when the first and lea_ding Prelates of the Church were all along in the Secret with the Directors of the Junta, They should not make themselves Masters of all that Fineness of Politicks, that might preserve the Ec_clesiastical Constitution, which we had practised with such Success for the Security of the Civil? Did we not by allowing Occasional Conformity, bribe over a great many of the Church's profess'd Enemies to her Communion? And how many Butteresses can we boast of, as useful as their Pil_lars? If any other Sett of Men can produce the same Evidence of their sincere Love of the Church and Clergy, we shall not then envy their being so much in Favour. In the mean time, let them pray for our Restoration, as they value the great Assertors of the Revolution, by which she was saved miraculously, and thereby reserved for greater Things, if she will be advised, and sub_mit to her best Guides, who would enlarge her Borders, and make no Distinction between her spiritual Governours, and the Kings and mighty Men of the Earth.

When the Whigs fell, many of those Firm and well-contrived Underprops were taken away, which Supported and Adorned the Political Stru_cture: and I would be glad to know, what the Tories have substituted in their Room, or how the Building will stand, unless the Old Master Work_men are again trusted with the Undertaking. Could any thing be of greater Use, a more Loy_al and Publick-spirited Institution, than the Kit_Kat? By this Society, the Standard and Mea_sures of Wit were allowed and approved, and the whole Coinage of Libels and Lampoons managed to the greatest Advantage of the Publick. Hence Orders were Issued to the Authors, and Prohibitions to the Criticks; and by these Means the Throne and Ministry were not only preser_ved from the secret and open Attacks of Pam_phlets and Satyrs, but the Reputation and Beauty of the Fair Circle were secured from the Insults and Evil Intentions of Time, Nature, or Scan_dal, with all their Adherents and Abettors. What was the Junta, but a Curb to the Growing Prerogatives of Parliaments, a Spur to Delibera_ting Generals, a Purgative to a retentive Trea_surer, and a careful Guardian and Protector of the Crown? To see a Member of this Noble Assembly, Condescendingly step down to the Cabinet or Privy Council, must call to our Memo_ries some of the famed Instances of Humility in the Old Triumviri, Archons, or Ephori. And if from this Pinnacle, we Descend to the Cellar; even there we shall find a Set of Patriots, no less careful of the Publick Welfare. Their constant Study was, to Countermine the Plots and Con_trivances of their Country's Enemies; to Disco_ver Treasons unthought of before, and to pre_vent even the Premeditating a Conspiracy. How slender a Defence of the Crown would the Law prove, without Witnesses? and how happy a Contrivance was it, to prepare These before_hand? Judges are Commissioned, Juries Em_pannelled, and why not Evidences Provided, that the Cause may be neither Baulked nor Delayed? Only They, who dare not stand this Test, will be against it. Let Little Officers, who will not Tell more than they Know, or Secretaries, who will presume to Know more than their Betters, tremble at this Judicatory: We need no other Proof of its being the strict Method of Justice, when Those, who will not be Whigs, that is, will not be Honest, are afraid of it. By these Arts, and these Associations, that Loyal Party secured the Throne, the Publick and Themselves. Can the Tories boast any Instances of Wisdom and Justice equal to These? I did not mention the Illustri_ous Assemblies of Treason-Chamber and Somerset House, where only the Names of the Members are sufficient to give a Lustre to the Society, without mentioning their Laws, Orders, or Ori_ginal Foundation. Let the other Party produce Their Councils and Synods; what Underprops can They lend the Throne or the Publick? Where are Their Meetings, and whom do they con_sist? Will they upbraid us with Her Grace's As_sembly, as worthy to be Compared with any of ours? Will This vie with the Kit-Kat? Will a little Harmless Tea so blind the Eyes of a Lover, that he shall see Bloom in a Whig Junquil, or curse the Union of the Lilly and the Rose in a Tory? Can they Boast of making an Alderman a Wit, or depriving a Revolted Poet of his Genius? Did they ever Tumble a Duke down Stairs, or make a Compleat Beauty out of a Tallow Candle? What Satyrs, Libels, Lampoons, have they given their Imprimatur to? Shew me that Crown'd Head that is the Worse, or that Rebel that is the Better for 'em. By what Authority do they meet? who is their Protector? What Gods have they Demolished, and what Demigods pla_ced in their Room? Or will they presume to shew us their Fam'd October Club? A Self-created Creature, as much below a Parliament, as our Junta was above it. Shall a few Whetters be com_pared to Those, who drank all, and yet were not satisfied? Shall a Squadron of Knights and Squires, whom we had long since Drained, com_pare with Those who Glory in their Spoils? Sometimes indeed, they are Elevated into the Imitation of our Genius, and then they Deviate into Whigs, answer their own Questions, and put the Negative upon Themselves; but in their or_dinary Capacities, they can only Blacken a Name, where we could Erase one; can only Design a Model of that Scaffold, which we could Finish. Such are the Supports the Tories lend the Govern_ment, such their Councils and Assemblies! How soon will they vanish, when our Morning comes again; when instead of their stale Accounts of the Constitution, Protector, Junta, and Kit-Kat, shall be the Great Political Mystery.

That which confirms me in my Belief, that the Reign of the Tories will be short, is, because they do all they can to Lessen the Number of their Sub_jects, and to look upon the Dissenters as scarce Naturalized. The World knows their Settled and Professed Dislike of the Toleration: and it should seem unnecessary to vindicate the Whigs upon this Article, which makes another very good Reason for their Restoration. Was it pos_sible for us to shew the Dissenters in a better Light, or to make them appear more worthy of the Indulgence the Law has given them, than by convincing them of the Necessity they lay under, to Practise that most Charitable and most Chri_stian Duty of Occasional Conformity? Could we give a better Security to their Party, than by Increasing their Numbers; an Argument, which they never failed to make the best Use of they could, and by placing Deists, Socinians, Liber_tines, and Free-thinkers, in the same Rank with them, and putting both under the favourable Protection of the very same Statute? Did we not fling them in a Flying Squadron of those called Moderate Men, who did them a World of Ser_vice, tho' their Principles and those of the Dissen_ters were at the utmost Opposition: For by ap_pearing chiefly on that Side, they strengthen'd that Party, and served to amuse the Enemy? Did we not Encourage the Reformation Acts, where_by the Saints, whose Sins lay quite another way, sucked no small Advantage out of those Iniquities, which themselves least followed and admired? We saw and considered well, the antient Enmity between the Presbyterians and Independents: How they Reviled, Persecuted, and Clawed one ano_ther, till we timely Interposed, Reconciled both Sides, put Independent Congregations under Pres_byterian Teachers, and made them one Church, and brought even Contradictions to meet for their sakes, whilst the Northern Kirk laughed at the Motly Monster, and we were content to bear their Reproaches. Did we not bring some of them over to the Doctrine of Lawn Sleeves, and how much was that for their Advantage? How much greater therefore are our Pretensions to their Favour, than those of the Tories? For which Reason, we call upon them to fight our Battels, and to exert themselves and the Courage of their Ancestors in our Behalf, and to bring about another Happy Restoration.

As no Set of Men do more cordially Profess to humour the People in all reasonable Requests than the Whigs; so they are abundantly prepared to Gratify the present Cravings and Importunity of their antient Allies, the Multitude. How many hearty Promises did the Tories make them, that they should have a Holyday for St. Giles's and Tower-hill, together with a sufficient Quantity of Roast-meat to their October? But these things are utterly forgotten now they are in Power, and should think of Performances. They begin to argue now, that the Guilt of a Publick Plunderer is his Best Security; that Necnons are a Plea suf_ficient to overthrow the strongest Charge; that the Condemning the Rich is without Precedent; and that the worst Malefactors are pitied at the Gibbet. Whereas, if the Whigs were once resto_red, they would soon find a Way to oblige them, who know so well how to punish False Brethren, and to manage a Decent Execution to advantage. Do we think, they would Permit those Criminals to escape, who built a Scaffold for their own Party; and put an End to a well-established U_surpation with a Prodigious Farce? Can we be_lieve, that they would ever forgive those Petty_coat Party-men, who staked the Cause of the Lord and his Saints, against a Tea-table Quarrel; and put it upon the same Lay with a Dispute about Commodes and Furbeleaus? They know but little of the Temper and Wisdom of the Whigs, who think they will not be ready at any time to deliver up to the Paws of the most Lyon-like Tories, All Those, who falsly assumed that Vene_rable Name, and debased their Party under the Impudent Pretence of Modern Improvements: and basely went off from the Good Old Cause, and the Gallant Principles of the Ludlows, the St. Johns, the Hambdens, the Sidneys, and Har_ringtons; Men that were Born in worse Times, and yet behaved Themselves much Better. Can we see the Union turned against us, and Those who used to be First in the Cause, now servilely Truckling to the Tories, and taking their Pay in_stead of their Plunder, and not sufficiently resent the Folly, and as heartily prosecute their Trea_chery, who would not draw the Union closer, and with a handsome Equivalent make our Bre_thren Whigs as well as Britons? Now at length our Eyes are open; and we may discern of what Species our famed Converts are; we may easily see the old Leven of the Tories still prevails in them, and that they took Refuge with us, only because they were rejected at St. Germains: If therefore our honest Friends in Holborn and Moor_fields, have a Mind to a Procession; let them Re_store the Whigs, and I'll engage, they shall have it at the Expence of our own Party.

How can we ever expect to see Moderation, the most lovely of all Christian Vertues, flourish again, unless the Whigs are Restored? The Tories do not so much as name This Vertue amongst Their Party, but with Abhorrence; and how did they oppose and revile us, whenever they found us inclined to practise it? When out of a vast Number of Papists and Jacobites, we singled out but one to make an Example, Ex post facto, How was our Moderation misrepresented? When we aimed at an utter Expulsion, and declared openly for Root and Branch: Being resolved not to leave so much as one Tory either in the Executive or Legislative Branch, with what Inve_ctives did That Rampant Party open against our Clemency? And yet how Great was our Mercy, who were only contented not to Prefer, instead of Punishing as we ought, the profest Enemies of the Publick? When we Tolerated every thing but One or Two Articles of the Church, Justice it self could not preserve our candid Proceedings from being Reflected on. Others might punish e_very thing, and remit nothing, and yet claim the Character of Upright Patriots: We granted a General Indulgence, and only put a Restraint upon two or three Crimes, and yet are call'd Bi_gotted and Intemperate. What Tryal, what De_bate, what Publick Cause, was there, in which we had not a very tender Regard for our own and the Nation's Friends? With what Face then can they complain of our Want of Moderation? Is it usual for Men to talk perpetually of Moderation, and to sound scarce any thing else from the Senate, the Bench, the Bar, the Press, and the Pulpit; if they never intended to practise any such Duty? Can we be thought so mad as to accuse the Tories, when they presume to inquire into any Backsli_dings of the Faithful, of the Want of Moderation, if we did not believe there was such a Vertue? Take a View of us in the Proceedings and Conduct of our Viceroys, our Secretaries, our Judges, our Bishops, and all our Subalterns, and then accuse us of failing in this Duty if you can? In short, give us the Power again, if you would try our Tem_per: For so fond were we of Moderation, that we had a Spice of it even in our Manners, our Sense, our Good-nature, our Honesty, our Religion.

Let the Union, which wants so much to be E_stablish'd and Fortified, be another Reason for Restoring the Whigs; who first contriv'd it, happily accomplish'd it, and seem to have a Title to take Care of it, as a Child of their own. Is it reasonable, that the Tories should step in, and reap the Fruits of our Labours? That they should run away with the Glory of a Treaty, and leave us the Shame of a Confederacy? Must we lose a convenient Place to land our New Revolutions in? Did we for this send for them of the North to be Catechiz'd under our Secretaries, that they should revolt, and go to the Episcopalians for Confirmation. I appeal to that truly Learned and Honest Statesman, Mr. Daniel de Foe, who has so bravely attempted to free that Nation from the last Resort to England, and so boldly advanc'd our English Lords to a Degree of Honour, surpas_sing Turks, Indians, and other inferiour Truce_breakers; nay, has compar'd them even to the King of S&horfill;, Whether now the Honey-Moon is over, and the Jointure and separate Mainte_nance settled, the Bride, as he well expresses it, be not as willing as We to part? Does he not assure us, That We united with them as Presbyterians? And are not Presbyterians Whigs? Now if they turn Tories, how can the Treaty be observ'd, unless We are again Restor'd, and Put into a Power and Capacity of Keeping Them Right?

But there is another prevailing Argument, that ought to plead for Us: I mean, the due Ap_plication of that Noble Invention, call'd a Sponge. Let the Tories deny if they dare, that the Whigs were the Authors of this curious Device, and in how critical a Juncture was it found out? Just as the growing Debt of the Nation was Rising to so prodigious a Sum, as must make that Admira_ble Rarity of immediate Use and absolute Neces_sity. Whereas under the Dilatory Conduct of the Tories, the long Entail of Debts under which the Nation groans, is in a fair Way to be secur'd: Our Merchants who have studied the Wars so long, are now like to be paid the dull old Way of Interest and Principle, without any Prospect of shorter Methods: Not the least Hopes of Plunder are left them: Nor so much as the airy Appearance of a New Revolution, tho' they have been Wrangling and Quarrelling for it ever since the old one.

If we are not to be restor'd to all our Power, yet trust us only with the White Staff, with the Magician's Rod; for what Tory of the Pack, Red hot or Moderate, will ever handle it to so good an Advantage, or do so many Romantick Feats with it as when it was in our Hands? It forti_fied those who were within the Circle, and made those without dance after us to no Purpose. Was there ever a nobler Piece of Enchantment acted in the Hay-market? Did we not raise Castles, build Fleets, kill Giants, destroy Monsters, e_rect Palaces, mount Witches upon Broomstaves, and employ Devils without Number? And was it not reasonable we should be paid for a Raree Show, so wonderful and surprizing? Let others raise Millions to end the War, we did it to car_ry the War on. It is true, the Present Sett of Men write a good Hand, understand Accounts, and can form a Ballance or Sum Total to Admi_ration: Give us the Power then; make us the Squires, and let them be our Stewards and Baileys. I am sure, if we are not soon reinstated in the Treasury and Exchequer, the Tories will begin a most terrible and bloody Persecution; and no less than the total Overthrow and Massacre of the Whigs will satisfy them: for what a Temp_tation will it be to that honest Party to desert, when it is no longer for their Interest to be Whigs? Tho' they cannot be Trusted, yet they will Trust, which is bad; where Seven or Eight per Cent. is the Reward of their Faith, the Tories are sure to cut them off at a Blow; For where their Treasure is there will their Heart be also.

Have we any Regard to sweet English Freedom? any Detestation of Chains and Slavery? Let the Whigs be Restor'd; the great Patrons and Sup_porters of Liberties. Whilst they Reign'd was there any Complaining of Oppression? any ex_traordinary Business at the Old Baily, the Secreta_ry's Office, or before the Attorney General, or Serjeant at Arms? Were there any accumulative High Crimes, any constructive Treasons, or any Scandal by Interpretation? Was there any Dread upon the Subject from Committees of Affections, or of Examinations? Did not the Press, and the Bar, and all Sorts of Pulpits, run Riot as they pleas'd? The Church, the Throne, the Mitre, to_gether with the dead Letter of the Law and the Gospel were not exempted: All the Restraint was, that no one should teach Fundamentals, or should libel the Saints and the Elect, and was not this just and reasonable? But to what Extravagan_ces of Tyranny are the Tories now hurrying? If we Whigs do but sin over our old Precedents, and claim the Rights and Liberties, which, because they were our own, we very equitably denied to others; presently they step in, and plead those very Laws, and would inflict those very Penalties, which we made and settled, as if they, forsooth, the sworn Enemies of the Government, were up_on a Level with its best Friends and Supporters? Nay, are they not making what Haste they can to Remove those Incumbrances which lay hard up_on the Crown, which we plac'd there, on Pur_pose to embarrass the Prerogative, and make the Assertors of Liberty necessary, and fit to have all the Power? These the Tories are now throwing off, and ungratefully attempt to load them on our Shoulders, who despise their Malice, and at the same time laugh to see their Folly, in admiring and contemplating the happy Union between Ma_jesty, Goodness, Piety, Compassion, and Ten_derness, whilst they want the Sense to improve a Royal Foible: and know not the right Use they ought to make of those convenient Vertues, tho' they have our Instructions ringing in their Ears, and our Examples fresh in their Memo_ries.

Let any of the Hack-Writers among the To_ries tell me, whether they ought not to be resto_red to Power, who best know how to keep and defend it? How can they expect to stand long, who are so easily blown down with every Puff of Wind? Whereas we, who make Storms, can abide them. A civil Message, a Frow, a short Billet, or even the Blasting of the Breath of the Royal Nostrils, could send the poor heartless Tories packing; and deprive them of all; where_as we stood out manfully, bullied the State, de_fied, swagger'd, talk'd of our Generals, our Ad_mirals, our Rights, our Riches: Appealed to the Army, cried out for Help to Holland, bid the Bank stand by us, and like brave Champions, neglected nothing that was for our Honour and Safety; and here I must beg leave to make use of the Prince of Conde's Words upon another Occa_sion, How well do such Men deserve Power, who could so bravely defend it! What have we done, that we did not and do not still justify? Have they convinced us of any one Fault? They must be shallow Politicians indeed, who can believe, that since we were turned out with so much Dif_ficulty, we shall not find it easy to come in a_gain.

There is an Argument, upon which the Ro_man Catholicks value themselves more than upon any other; they say, that Protestants allow Sal_vation in their Communion, tho' the Papists de_ny Salvation in a Protestant Communion; when it is much the safest way to be a Papist: Because both Sides agree, that he may be saved: Whereas the Protestant has only the Word of his own Par_ty for his Security: And this Argument gives the Catholicks much the best of the Lay. Now tho' the Whigs have all the Aversion in the World to Popery; yet they never thought it a good way to take Advice of an Enemy, and to learn his Ways; Reason is to be heard from what_ever Quarter it comes: And therefore with a great deal of Justice, they have palmed the very same Argument upon the Tories; we deny them the very Power and Possibility of being honest Men or good Subjects: And we have good Grounds for this, how otherwise would such a Practice consist with the great Duty of Moderati_on, which every Body knows we profess. And according to this Perswasion, when we were in Power, we would not leave so much as one of them in the Ministry. But on the other Hand, the Tories, tho' they clamour at the very Word Moderation, do not deny us the Possibility of be_ing good Subjects: For when they are in, they admit great Numbers out of our Party, to be Partners of their Power; trust, caress, and be_lieve us, let us into the Secret, and divide the Profits with us; when a Man therefore turns To_ry, he runs much the greatest Hazard of Exclu_sion: But all is Rugg, as the Gamesters say, with the Whigs; and this is another never failing Rea_son, why the Whigs will, and shall, and must prevail.

Great has been the Triumph of the Rampant Party, upon the going off of the Mob from their antient Allies; and after they were raised by us, declaring for the Enemy. It was pleasant, to see us raking in the old Tory Pamphlets, for Railery against Tumults and Rabling: tho' upon the first Importation of a few Colours from Flanders, and the Assurances given us by Irish Tom, who had fixt the Time to May-Day, we firmly believ'd, we should have them again on our Side: and then those Reasons and Raileries would revert to their first Owners. However a Reason is good, if it serves the Turn but for ten Days; and tho' by our Moderation, we suffer'd the Parsons to pass among their Neighbours for ordinary Monsters, and little Devils only of about two Years old, so that the Rabble began to think 'em very good Play-Fellows; and tho' we made such a Noise and Ostentation of our Wealth, that our loving Sub_jects began to think of claiming their Part in the Plunder: Yet now these things are all over, we have stood the Shock much better than the Tories used to do, when they were attack'd by the very same Weapons; and there is all the Reason to believe, that the Tories will soon take their Turn; for that Poverty we have brought and entailed upon the People, will soon make them mutiny against their present Directors, tho' they are not in Fault, before they can retrieve our Mismanagement. The Octobrians, as the hot Weather comes on, will perhaps begin some Gambol or other, dress a Scare-Crow for us, or it may be, give us some very great Rogue or Raparee in Distress, as bad as our selves, that we may have Pitty upon him. When other People get to be as rich as we are, there will be many Mouths watering at them too: Especially, if they have the same Occasion that we had, to proclaim our Wealth, and let the World know where our Mines lay. Whatever happens, the Mob must be with us, and bring us in again like a mighty Torrent; for it is not to be expected, they should part with their old Friends for a hasty Word, or for one rash and inconsiderate Action.

We have been told indeed, that our Political Lies and Pious Frauds were ill Contrived, and worse Managed; and that at present we are ut_terly exhausted. The Ingratitude of the Tories is indeed in this Case never to be Palliated or Allowed for; when they gave out, that we were Enemies to the Church, that we were Fierce, Immoderate, Implacable in our Tempers, that our Avarice was Insatiable, and we should Spoil, Plunder, and Devour all that came in our Way, and that we were Enemies to the Preroga_tive, and Hereditary Insulters of Monarchy: We did them the Favour to make their Words good in every Particular, so soon as ever it came to the Tryal; but when we represented them as Pa_pists, French-men, Jacobites, Tyrants, Perkinites, and Blood-suckers; they gave the Lie to every Name, so soon as ever it was in their Power; pursued the War with France, were hearty for the Succession, secured the Publick Debts, decla_red for the Indulgence to Dissenters, and even let Us go unpunished. But what then? Tho' this Bite failed, have we not another? Are we so exhausted? Did we not presently give out, that they never intended all this, but comply'd with it, because they found it necessary at pre_sent: Tho' we knew there was no Proof but our Scandal, that ever they intended otherwise? Did we not assure the World, that some of their Leaders were Whigs in Masquerade, tho' we know, that They know that we would have Hanged them as the worst of Tories, who never herded with us, but to Betray and Undermine us, and that we shall never forgive them the Late Turn? And did we not presently trump up a Distinction of Old and New Whigs, and give out that the New Whigs, most of which were of the Late Ministry, were False Brethren, and as such ought to be di_vested; and that most of the New Ministry are Old Whigs, and ought to be joined to the Old Whigs of the Late Ministry, so that it may be a Whig Ministry still? Have we not perswaded the Town, that the October Men, and their Adhe_rents, are Mortal Enemies to the Present Mini_stry, tho' we know the secret Correspondence be_tween them, and that their Demands are Con_certed; and then, because of their Numbers, made the Pretence to Ruin us, as if the Ministry could not help it? And after all these pretty Inventions, are we Exhausted? are we Drained? Has not the Town bob'd at these Baits, swallow_ed the Gudgeon, and listened to our Pamphle_teers? and may we not reasonably hope to be re_stored, since we Practice our Old Arts with such Success, and our Good Genius has not forsaken us?

I could mention several other Reasons, that may induce us to Believe, we shall soon have ano_ther Turn in our Favour; such as the Great Power of Money, which is so much the Property of our Party, and which may be turned to a very good account, e'er it is accounted for, and the exorbitant Surplusage Refunded. Besides this, the great Increase of our Necessary Women, who are so apt to do good to the Distressed; as also the Method of the Tories, who take all Advanta_ges of the Divisions between the Old and New Whigs, the Subscribers and Those who stand out, as we did of their Divisions: Who erect Clubs to promote their Interest by a Pretended Opposi_tion; and in short, give into a great many of our Measures, which may at last lead them into those that Ruined Us. But I wave these Considera_tions: Those I have already mentioned, are suf_ficient for the Consolation of our Friends, and the Terror of our Enemies.

More might be said, if the Times would bear it; and less could not have been said, without wronging a Good Cause, which God, in his own Good Season, will take Care of. I hope it will one time or other be Remembered to my Advan_tage, That I have Dared to be Honest in a Vil_lanous Age, and to appear boldly in the Face of the World, an Advocate and Defender of the Injured and Oppressed, who yet have Deserved other Usage from their Country. Others could write of Publicola, Aristides, Atticus, and Epami_nondas, when they Flourished and were at the Head of Affairs: My Task has been to acknow_ledge and proclaim their Merit, and with it the Ingratitude of their Country, now they are Di_stressed and Forsaken. Every body sees to what a Monstrous Pitch, the known Insolence of the Tories is already Risen; for which Reason, it would have been inexcusable Hardiness in me to Publish my Name to the World, and thereby Expose my self to their Fury. I reserve my self for a Better Fate; tho' in Handling the Subject, I have not Spared Them: and if they should Dis_cover me, am Prepared for the Worst that their Fury and Mad Zeal can Invent.

I expect a great many Answers to what I have written, and that I shall be attack'd with all the Ill-manners, Billinsgate, and Railery, which are so natural to the Tories: But I hope my Readers will provide against it, as well as I do, and will learn to Despise Ill-Language, and listen only to strict Fact and sound Reason. For my own Part, my Conscience is my Support; I have the �s Triplex about me, with which the Whigs have so long stood the Shock of all their Enemies. I am conscious I have done my Duty, and leave the rest to Providence. I am sure, this is not a Time for the Whigs to sit still, and hold their Tongues, under the Discipline of their Task_Masters. I have broken the Ice, and expect that all Lovers of Truth and Friends to the Constitu_tion should stand by, and assist me. Let the Ex_aminer and his Brother Abel begin the Fray if they please; if they will keep close to the Subject, and argue upon the Principles of Reason and Justice, I shall attend to and answer them; but if they stick to their usual Talents of railing and calling Names, as I shrewdly suspect they will: I shall no more mind such Barkings, than if I were actually placed in the Sphere of the Moon, quite out of hearing the Clamour they make.

When I first undertook this Subject, I gave the Rough Draught of it to a very Eminent Tory, to peruse; agreeable to the Humour of his Party, he was in a great Heat, railed incessantly, and threatned me with an Answer. If he holds in that Mind, upon the first Appearance of his Pretended Confutation, I shall be ready with a Reply; of which timely Notice shall be given in the Review or Observator.

&horbar FINIS. |CPO |Y1720 REASONS Most humbly offer'd to the Hon&blesup; House of Commons, WHY The Bill sent down to them From the Most Hon&blesup; House of LORDS, ENTITUL'D, An Act for the better Securing the De_pendency of the Kingdom of Ireland upon the Crown of Great-Britain, Shou'd not Pass into a LAW. &horbar O bona Libertas, pretio pretiofior omni! O summum primumque decus! qua prorsus ademt�, Nil gratum, nil dulce viris, & vivere Mors est. &horbar LONDON: Printed for R. Franklin, at the Sun in Fleetstreet. MDCCXX. REASONS Most humbly offer'd to the Honorable House of Commons, &c.

ONE of the greatest felici_ties of a free country, is, that the Laws are a com_mon measure and standard of all men's actions, bind_ing as well the Governors as the Governed, in their respective capa_cities; while in countries, groaning under arbitrary power, the rule of men's acti_ons is unconstant, and therfore properly unknown: the Prince abolishing to day what was establish'd yesterday, and no body being sure what will or will not be decreed to-morrow; whence all security for Property is render'd precarious, and other infinite disorders unavoidably ensue. But as every thing is in perpetual motion, and that many things, which at certain times were not only desireable but even neces_sary, do, at other times, by a change of circumstances, become burthensom and very often intolerable; so the Legislative Power can apply a seasonable remedy, by explaining, amending, or repealing such Laws as are found to be either defective, or contrary to the good of the Community. In making of Laws, among all the Free Governments of Europe, the deliberations in our own are the most equitable and ma_ture. There is nothing precipitant or clandestin; all things, on the contrary, are public and solemn: for by the usual forms of reading and passing Bills in both Houses, before they are offer'd to the Royal Assent for being enacted into Laws, there is due time given for thorowly considering the nature of the things propos'd; and for one House to correct the mistakes, or to supply the omissions of the other; as there is room for the King to stop and bet_ter advise; upon what may have unwarily or thro heat escap'd them both. On such occasions every man may be freely heard for or against the Law under debate, as it is every man's duty to assist his country no less by his advice, than by his arm or his purse. He may represent what he ap_prehends to be a Grievance, without fear_ing to be counted factious; and may expect redress, without being thought to claim more than his due.

THIS, I say, is none of the least bene_fits, which every Subject of the British Em_pire enjoys as his Inheritance; and by vir_tue of this Birthright (which makes it no less than my duty) I take the liberty, with all deference to your Judgments, to lay be_fore your Honors some few of those Rea_sons I have to offer, why the Bill sent down to you from the House of Lords, Entitul'd, An act for the better securing the Depen_dency of the Kingdom of Ireland, upon the Crown of Great-Britain, shou'd not pass into a Law. Tis impossible for any man to entertain a more glorious Idea of our unvaluable Constitution, than I have ever done; and shou'd be very sorry in particu_lar, that any one cou'd exceed my venera_tion for the Peerage, which is a most es_sential part of the same. But the Lords are Men no less than the Commons, and even Kings themselves, tho God's Vicege_rents, are subject to human errors and frail_ties: which makes it necessary that the se_veral Estates shou'd be mutual checks on each other, as it has very frequently hap_pen'd; to the immense benefit, if not som_times the preservation of the whole frame. Nay, when any of our Kings invaded Law or Liberty, there wanted not private Persons (besides the interposition of the two Houses of Parliament) who gave loud warn_ing of the danger; and were by all good men applauded, for postponing their own safety to that of their Country.

I SHALL be careful not to take up too much of your time, with mustering all the Observations that may be justly made upon the Bill you have before you: but of the few Objections I intend to make, the first that naturally offers it self, is taken from the Preamble, which asserts, That attempts have been lately made to shake off the sub_jection of Ireland unto, and dependance upon, the Imperial Crown of this Realm, which will be of dangerous consequence to Great Britain and Ireland. Now this is a suggestion of such a Nature (but why do I call it a suggestion, when it sounds like a peremptory accusation?) that a whole Kingdom, without any the least exception, being involv'd in it; one wou'd reasonably expect, flagrant proofs of such Attempts shou'd be alledg'd, as the most proper Con_siderations for your passing the Bill. But no color of such a proof has been offer'd, nor indeed possibly can be. The Protestant inhabitants of Ireland abhorr from their hearts the thoughts of such Attempts. They count it their chief happiness, to be inseparably united and annex'd to the Crown of England, now of Great Britain. They readily acknowlege, that all the rightful and lawful Kings of Great-Britain become ipso facto Kings of Ireland 28 Hen. 8. cap. 2.: tho to take away ambiguity of Titles, contrary to the right legality of the succession and poste_rity of the lawful Kings and Emperors of the said Realm of England, as this Land of Ireland (to use their own words) they do from time to time make Acts of Recog_nition; as in the case of King Henry VIII, Queen Elizabeth, King James I, King Charles II, King William and Queen Mary, and his present Maje_sty. The Protestants have on all occasions no less vigilantly asserted than valiantly maintain'd the rights of the Crown of Eng_land; and very lately have been as forward as successful in suppressing Rebellions against his present Majesty, both in England and Scotland: while they kept all things quiet at home, not one Protestant refusing allegiance to King George, much less questioning the right of the Kings of Great-Britain to be Kings of Ireland. All sorts of Prote_stants were so much of one mind in this par_ticular, that the Troops having been drawn out of the nation, the Dissenters, notwith_standing their legal incapacity, took arms at their own charge for the common interest; to the great joy of all good Churchmen, tho they stand in need of a pardon to this hour, for so seasonably obeying the call of the so_verein Law, Salus Populi. 33 Hen. 8. cap. 1. The knitting of Ireland to the Crown of England (which they hope will prove an indissoluble knot) was their own act and deed in King Henry VIII's time; as by the Act that the King and his Successors be Kings of Ireland, plainly appears, wherin it is made High Treason by word or deed to affirm the contrary: not to speak of ma_ny provisions made by their ancestors to the same purpose, when our Kings us'd the stile of Lords of Ireland. The suggestion therfore in the Bill now before your honors, that attempts have been lately made to shake off the dependance of Ireland upon the Crown of Great Britain, the Protestants of Ireland conceive to be most injurious, as they know it to be altogether ungrounded; and cannot persuade themselves that you'll pass any Bill, which without, nay against all proof, lays them under so unjust and so heinous an imputation.

THE next thing, wherof his Majesties faithful subjects of Ireland think they have reason to complain is, that the said Bill sug_gests the Lords of Ireland, in order to shake off the dependance of that Kingdom upon the Crown of Great Britain, have of late against Law assum'd to themselves a Power and Jurisdiction to examine, correct, and amend the Judgments and Decrees of the Courts of Justice in the Kingdom of Ire_land. It seems very strange that the Law or Laws are not recited, or at least that they are not referr'd to, against which the Lords of Ireland have assum'd a Judicial power. This is no more done, than the Attempts specify'd, whereby the Irish wou'd shake off their dependance upon the Crown of Great-Britain; and I am convinc'd that no Law can be produc'd to this purpose, which will not equally affect the Judicature of o_ther Lords. But be the Judicature of the Peers in it self lawful or unlawful (which is a point wherein I shall not presume to deli_ver any opinion of my own ) tis neverthe_less a thing certain and undeniable, that it is not only of late, as the Bill suggests, that the Lords of Ireland have exercised a Judi_cial power, but from the very first establish_ment of Parliaments there. Notwithstand_ing the destruction brought upon the Re_cords of the Kingdom by frequent Warrs, yet it evidently appears by such as are left, and particularly by the Rolls of Parliament, that abundance of causes have been judici_ally determin'd by Parliament, especially from the Chancery side of the Exchequer. So that supposing you did admit a Judicial power in the Lords here (for making which supposition I shall presently bring my rea_sons) you shou'd not in common justice conclude any thing to the disadvantage of the Lords of Ireland, till the collection that is making of those Causes be sent over hither; which can't well be done till the Parliament sits there, and the Irish Lords appoint Com_missioners to manage this affair. If what I affirm'd be on the one hand, matter of fact, as unquestionably it is; and that, on the other hand, such a power has never been questi_on'd during so many reigns: it is certainly more than a presumtion in favor of the Irish Lords, nay, it is in my opinion a very strong argument; wheras there is no instance of an Appeal from the Chancery of Ireland to the Lords here, before the Year 1670, when there was no Parliament sitting in Ireland, and therefore no opposition cou'd be made to this innovation.

LOWER in the said Bill the Lords of Great-Britain desire it to be enacted and declar'd, that the House of Lords of Ireland have not, nor of right ought to have any Ju_risdiction to judge of, affirm, or reverse any Judgment, Sentence, or Decree, given or made in any Court within the said Kingdom: and that all Proceedings before the said House of Lords, upon any such Judgment, Sentence, or Decree, are, and are hereby declar'd to be utterly null and void, to all intents and purposes whatsoever. To this Clause alone I shall in a manner confine my self in this humble address, as being a thing I can never be brought to believe that any one of your number will approve, much less that you will give it the sanction of your honorable House: for as to other matters contain'd in this Bill, particularly the binding of Ireland by Laws made in Great-Britain, they are Arcana Imperii, which I am strongly of opinion ought still to continue so, and not be made the subject of public debates or writings. I shall on_ly remark, that the truest sign of the love of Liberty in ourselves, is our loving it in others, and grudging it to none: much less to envy such a blessing to our fellow-citizens or fellow-subjects, to our own flesh and blood. The first objection which I offer against the said Clause, is the Retrospect it has; wherby all the Decrees past by the Lords of Ire_land, during several Centuries, are, with_out any saving or exception, declar'd to be null and void. Innumerable wou'd be the dismal consequences, shou'd this pass into a Law. Most of the estates and purchases in the Kingdom, in the common opinion wou'd be unsettl'd at one stroke; and a world of families wou'd apprehend them_selves to be utterly ruin'd, notwithstanding it be receiv'd for Law, that threescore year's possession makes a good Title. Who knows how soon it may be disputed, whether this time be equivalent to time immemorial? The strange face that this Retrospect carries with it is so manifest at first sight; that to men of your known equity, no words are necessary to move your compassion. Nor is it a consideration less moving against this Clause, without needing the help of any art, that whereas the People of Ireland were wont to have justice near at hand and even at their own doors, they must hereafter (if such a Law shou'd pass) be forc'd, to their unspeakable loss of time and expence, besides the danger of the Seas, to come over hither, whenever they conceive themselves aggriev'd by the Chancery there. This wou'd soon impoverish the richer part of that Nation, while the poorer sort must be totally depriv'd of Justice, as not being able to come and sue for it in England. The pravity of human nature consider'd, Ireland wou'd thus become, and partly by your means (shou'd you pass this Bill) the most deplorable scene of wrongs in the Universe; as indeed it wou'd be the fate of any other country under the like circumstances, where the stronger under color of Law might oppress the weaker: and we know tis a receiv'd maxim in Politics, that no Tyranny is more grievous than a Legal Tyranny.

ANOTHER objection against the Clause, not less important than those I have mention'd, is, that the Lords will thus come to have the disposal of all the Property in Ireland, and the King's Prerogative be taken from him of having a Judicial power in that Kingdom, which all former Kings have hitherto enjoy'd. This looks to be no very obliging way of distinguishing King George: and, in effect, shou'd this Clause pass into a Law, the King wou'd soon find, that the Lords had drawn Ireland from him to themselves (tho they shou'd intend no such thing) by the court which wou'd be then made to them that had the power; and not to him, who cou'd no longer be able to protect his Subjects. This alone appears to me a matter of so great weight, that I cannot suppose the King will ever give his assent to such a Law; or that any Minister will hazard advising him to do so, shou'd even the Bill pass your House: which (all things consider'd) tis no way probable it shou'd, or at this present time or ever herafter. For either there is some Law extant for what the Lords suggest, or there is none. If any such there be (which I wonder is not nam'd by some of the learned in the Laws in that most honourable assembly) then the making of any new Law seems wholly needless: and if there be none, as people must reasonably imagine till they see the contrary, I doubt not but you'll take suf_ficient time before you make a new one. And truly many will be apt to suspect, that the Law at present propos'd, is not superflu_ously doing what is already done; but doing indirectly, what has never yet been done: namely, getting a Law enacted, tho tis not so exprest, to draw Appeals from Ireland to themselves; and so hooking in the Commons by specious pretences to grant 'em that, which all your predecessors have constantly deny'd.

THIS leads me of course to put your Honors in mind, that your House is almost as much affected by this Clause as the Peo_ple of Ireland: for tho the Lords do not, as I just now said, declare in express terms that Appeals shall be brought to them from Ireland; yet considering that, since the year 1670, they have receiv'd several such Appeals, and that if there be no final Judi_catory in Ireland, there must be one som_where: considering all this, I repeat it, they do effectually bring those Appeals be_fore themselves by a side-wind; for where can we think they'll own the dernier res_sort to be, but in themselves? Farr be it from me to deny, that the Lords have not a right to that Judicial power, which they do actually exercise. This is not a matter for private persons to determine. But I know historically, and your own Journals (which are public Records) do prove beyond dis_pute, that the Commons your Predeces_sors, to whose right you succeed, have more than once actually deny'd, but never once allow'd this power. In May 1675, the House of Commons resolv'd that there lay no Appeal to the Judicature of the Lords from Courts of Equity; and that no Member of the House should prosecute any Appeal, from any Courts of Equity, before the House of Lords. In consequence of this vote Ser_jeant Pemberton, Serjeant Peck, Sir John Churchill, and Charles Porter Esq; were committed to the custody of the Ser_jeant at arms for a breach of privilege, in having been of Council at the Barr of the House of Lords, in the prosecution of a Cause depending upon an Appeal. To come nearer our own time, at several conferences with the Lords, in March 1704, the Com_mittee appointed by the House of Com_mons, following their Instructions, call'd the Judicial power of the Lords an unwar_rantable Judicature, an Encroachment late_ly assum'd, unaccountable in its foundation, inconsistent with the Constitution, an Usur_pation, a bottomless and insatiable Gulf, which wou'd swallow up both the Prero_gatives of the Crown, and the Rights and Liberties of the People. These, and many more such expressions, may be read in the Quotations, annext by way of Appendix, out of The proceedings in relation to the Aylesbury-men committed by the House of Commons, and the Report of the Lord's Journal, &c. printed by authority of the House, in the said year, 1704.

GOD forbid, as I said before, that I shou'd ever question the Judicature of their Lordships; which, in one of those Confe_rences, they affirm is too sacred a thing to be touch'd: Pag. 48. but if things have not since chang'd their Nature, and that you succeed to the Maxims of your predecessors, as their Committee then said, that the Designs, as well as Honors of the Lords, may be hereditary; Pag. 48. you will not I conceive pass the Clause in question, which brings that about indirect_ly (as above hinted) which the Commons have directly deny'd. But if Appeals are af_ter all to be brought from Ireland, a thing however I hardly imagine you'll consent to be past into a Law: If such a thing for sup_position sake, shou'd possibly happen; then tis not to be doubted, but you'll be for ha_ving those Appeals and Writs of Error determin'd by a Committee of Lords and Commons, which was the antient primi_tive way, and is prescrib'd in the Modus te_nendi Parliamentum. This among other things, is explain'd with no less perspicuity than brevity in a Letter from a Member of the House of Commons in Ireland, to a Gentleman of the long Robe in England, lately publish'd. To what the author has excellently said, I add after good vouchers, that the very form of Writs of Error in Parliament is alter'd in a most material point, by whose consent or contrivance I am perfectly ignorant. It is still returna_ble into Parliament generally, and the Judgment is enter'd per Cur' Parlimenti. But where the antient form, which appears in Rastall's Entries, folio 302, was Ut de concilio & advisamento Dominorum spi_ritualium & temporalium, ac Communita_tum, in Parliamento nostro existentium, ulter_i�s pro errore corrigendo fieri faciamus quod de jure, &c; of late, as appears by a Writ of Error, printed in the Lord chief_Justice Saunder's second Report, folio 228 (and agreeable to that are all the modern ones) the word Communitatum is left out. If the contest be therfore about power, there is no reason you shou'd not have your share of it.

AND most certainly, whether the Lords intend such a thing or not, it will by mul_titudes be vehemently suspected, that it is merely out of a view to enlarge their own power, and not in reality to secure the Dependency of Ireland upon the Crown of Great-Britain, that they have brought in such a Bill, as they have now sent down to you; since the wit of man cannot bet_ter secure that dependence, than it is done already by Poyning's Act, and such others as explain or confirm it. 10 Hen. 7. cap. 4. 28 Hen. 8. cap. 20. 3 & 4. Mar. cap. 4. 11 Eliz. Sess. 3. cap. 8 &c. Therby it is provided, that all Acts of Parliament, with their causes, considerations, and articles, shall be transmitted into England, in order to be perus'd by the King and his Council; and if found good and expedient, to be approv'd and sent back, with his Majesty's Licence under the Great Seal of England, now of Great Britain, for passing the same: or if not approv'd by the King and Council, to be by them in that case alter'd, or chang'd, in whole or in part, or be quite rejected; and when any Acts are finally approv'd and sent back to Ireland, then to be past in the Parliament there without the least variation, even to a syllable, or else to be wholly refus'd. What can more effectu_ally secure the dependency of Ireland on the Crown of Great-Britain? Who goes about to change or lessen this security? And is not the tendency of the Bill before you, to take off this dependency on the Crown, and to place it on the House of Lords? I don't assert that the Lords mean this; for all consequences, tho ever so just_ly deduc'd, are not to be charg'd as ori_ginally intended: Yet since their Designs, as well as their Honors may be hereditary, People will be apt to sur_mise the worst. ubi supra Nay, they'll be more jealous than ever, after the late repeated attempt of the Peerage Bill, which so justly alarm'd the whole nation; tho all has not been said against it, that may be urg'd, if it should ever appear again on the stage.

BUT, with perfect submission to your Honors, I apprehend another consequence, very dangerous indeed both to the King and his Government, from the passing of such a Bill. The hardships I have enu_merated, and God knows how many more necessarily resulting from it, cannot but bear extremely hard on the Protestants of Ire_land, who (their enemies themselves being Judges) have deserv'd much better usage. Besides their inviolable attachment to the Crown of Great Britain, which is a stronger hold than twice the number of any Army that ever was there; they have in a most distinguishing manner signa_liz'd their zeal for the present Royal Fa_mily, and in favor of all the Laws made to secure their Succession. No body of Pro_testants (without envy be it spoken) have been more unanimous in this respect. They were the first that set a Price on the Pretender's head, and this under the most perillous circumstances to themselves, but giving in the mean time a gallant example to others. Surely this was not done, to shake off the dependency of Ireland upon the Crown of Great-Britain. Or does not this conduct, join'd to their vigorous assist_ance in suppressing the late Rebellions in England and Scotland, for ever destroy all such suggestions? But hinc ill� lachrym�! Let me not however be mistaken. I shall be the last in the Nation so much as to dream, that any person of good sense or honesty shou'd harbor the thought of alie_nating from his Majesty, these good, these loyal people; who are most sincere as_sertors of his Cause, and on whom, in case of need, he may absolutely depend. But as ill men make an ill use of every thing, so tis observed of those without doors, that none express half the ardor for passing this Bill, as they who are disaffected to the King's Title, Person, and Family: a thing very remote from the intention of the Lords. For this reason, the hottest among those wou'd gladly distress his tru_est Friends, whom they can never forgive: while the cooler sort wou'd be content to separate them from his Interest, as much as they are themselves. Even Indifference in this case (for oppression makes wise men mad) is by all possible means to be prevented; for nothing is truer, than that they who are not for us, are against us: for which, and diverse other considerati_ons, tis hop'd by all true lovers of his Majesty, and especially by those who have the dependency of Ireland on the Crown of Great-Britain really at heart, that you will never give your consent to this Bill.

UPON the whole you'll make no dif_ficulty of acknowledging, that there is a vast difference between Ireland's being annext to the Crown of Great-Britain, and being subject to the Lords of Great Britain. These possess already as much power as they can reasonably desire, with_out any need of grasping at more, to the entire undoing of their innocent neigh_bors. Nothing shou'd be attempted that might bring about the possibility of a Uni_on of civil interests between the Prote_stants and Papists of Ireland, whose an_tipathies and animosities all sound Poli_ticians will ever labor to keep alive. I know certain folks have it much in their mouths, that the Out-provinces of a Government, can never be held under too severe a rein, when the very contrary of this is true. History cannot afford one example, where any Out-province or re_mote Colony, ever rebell'd against the mother country, or chief seat of Govern_ment, but thro insupportable rigor and oppression. Thus Tacitus judiciously observes, that the Roman Commonwealth fell under the power of the Emperors, from the Out-provinces not being longer able to endure the tyranny of the Senate. Cicero does somewhere paint those injusti_ces of the degenerate Senate to the life: nor are we to forget, that the greatest ene_mies are reconcil'd on such occasions. Tho Cesar for ten years together had been butchering and enslaving the Gauls, yet the miserable remains of that nation gladly follow'd him, to have the satisfa_ction of repaying Rome in the same coin of rapine and murder. That, in short, will be found true in all Governments, which the Privernates answer'd the Ro_mans, that if they granted 'em good con_ditions their Union wou'd perpetually hold; but if unjust, it cou'd not be very lasting. In that time of Virtue, this De_claration made 'em thought worthy to be_come Romans.

A MAN or two, who wou'd be thought profoundly wise, whisper about in a very my_sterious manner, that this Bill is only a Preliminary to an Union with Ireland on equal terms, as has been not many Years since effected, with relation to North Bri_tain. These are persons us'd to catching of Gudgeons, and so think it will be no diffi_cult task to impose on Irish understandings. But the best-natur'd, that is, the silliest among 'em will be apt to ask, what need of so much ceremony? when the thing, if really intended, may, instead of this Bill, be fairly propos'd, and transacted above_board. I say, instead of this Bill, the te_nor of which (as the Irish Lords, long be_fore it was broach'd, have, in their Repre_sentation, which great strength of argument and fact demonstrated) tends to the alter_ing of a Constitution, which has lasted above five hundred Years; ay, subverting of it, to the no small injury, if not imminent dan_ger, both of the King and his subjects. The Parliament of Ireland is as good as annull'd by it, since the Lords are not only declar'd to have no Judicial power in Civil Causes; but have none expresly reserv'd to them in Criminal Causes, by Impeachments from the Commons. Now, if they are any other than nominal, than mock Lords, and yet are non Judices; will it not be a natural Question to ask, how other Lords come to be Judices? Your Honors, in the mean while, by dropping or rejecting the Bill, neither assert the Judicial power of the Lords there, nor condemn that of the Lords here, but leave things in statu quo; be_sides that, you'll by this procedure, keep a just curb on ill dispos'd persons: for some men, in that very Kingdom, are known e_nemies to Parliaments; men in Employ_ments and certain Lawyers, who are strong_ly inclin'd to be arbitrary, tho pretending to a greater knowledge of Equity than others. These, as a truly great man ob_serves, are averse to Parliaments, for the same reasons that Monasteries and Fryeries desire to be exempted from their Bishops; they wou'd not have an Inspector of their actions so near them.

THE Premisses duly consider'd, with other better Reasons, easily furnish'd by your own superior wisdoms, no man can be apprehensive that you will pass the Bill sent down to you by the Lords; or lend a helping hand to in_crease the power of the Peerage, which in the end, may destroy the Balance of the Legislature, and subject these Nations to an Aristocracy, the natural passage to an Oligarchy, as that is to the Tyran_ny of one Person, Quod procul a nobis flectat Fortuna gubernans.

QUOTATIONS OUT OF All the Proceedings, In relation to the Aylesbury-Men, Committed to the House of Com_mons: and the Report of the Lords Journal, &c. Printed by Order of the House of Commons, for Edward Jones and Timothy Good_win, 1704.

PAGE 26.

THIS would effectually put an end to that encroachment in Ju_dicature, so lately assum'd by your Lordships, and so often complain'd of by the Commons; we mean the hearing of Appeals from Courts of Equity in your Lordship's House. This would have hinder'd the bringing of Original Causes before your Lordships, and your unwarrantable proceedings upon the Petition, &c.

PAGE 27.

HOWEVER, the Commons conceive it no wonder, your Lordships should favour the universal Proposition, that all rights whatsoever are to be redressed by actions at Law, when your Lordships pretend to have the last resort in Cases of Judicature by writs of Error; so that your Lordships are in this onely extending your own Judicature, un_der the colour of a regard and tenderness for the Rights of the People, and Liberties of their Persons.

PAGE 37.

AND when your Lordship's exercise of Judicature upon writs of Error is consi_der'd; how unaccountable in its foundation, how inconsistent it is with our Constitution, which, in all other respects, is the wisest and happiest in the world, to suppose the last resort in Judicature and the Legislature to be differently plac'd: And when it is consider'd, how that Usurpation in hearing of Appeals from Courts of Equity, so easily trac'd, tho often deny'd and protested against, yet still exercis'd, and almost every Sessions of Parliament extended, it is not to be wonder'd, &c.

Ibid. AND the Commons cannot but see how your Lordships are contriving by all methods, to bring the determination of Liberty and Property into the bottomless and insatiable Gulf of your Lordship's Judicature, which would swallow up both the Preroga_tives of the Crown, and the Rights and Li_berties of the People, &c.

PAGE 43.

AND therefore the Commons could not but take notice how far their Lordships had transgressed in the exercise of an un_warrantable Judicature, &c.

PAGE 46.

AND if a writ of Error cannot be deny'd in any case, and the Lords alone are to judge whether the case be proper for a writ of Error, then all the Queens Revenue, all her Prerogatives, and all the Lives and Liberties of the People of England, will be in the hands of the Lords; for every Felon, Burglar and Traitor, will be entituled to a writ of Error before the Lords, and they will have even Power of Life and Death. And by writs of Error and Appeals, as already exercis'd, they will have all our Pro_perties, &c.

PAGE 52

THE Commons hope their Lordships will consider what the Constitution is, and think it not reasonable that any part should exceed its due bounds. But there have been great Invasions made upon it by their Lordships, and some instances of that kind have been delivered at the last Conference: and it would be easy to show, that the Judicature, which of late has been assumed by the Lords, is not consistent with the Constitution.

PAGE 57

THIS Petition to the Queen for a writ of Error in Parliament, is proper_ly a Parliamentary Case, and is the same, when the Queen is party or not: and seems some remnant of our ancient Constitution, where all Petitions were to the King in Parliament, or to the King and his great Council, which was distinct from the House of Peers, and were examin'd by Tryers, whether fit for the Parliament to proceed upon or not.

FINIS.

|CPO |Y1731 THE CASE OF THE HESSIAN Forces, In the PAY of Great-Britain, Impartially and Freely Examin'd; WITH SOME REFLECTIONS on the present Conjuncture of AFFAIRS. IN ANSWER To a late Pamphlet, intitled, Considerations on the present State of Affairs, &c. &horbar &horbar &horbar LONDON: Printed for R. Francklin, in Russel-Street, Covent-Garden. 1731 THE CASE OF THE HESSIAN Forces, In the PAY of GREAT-BRITAIN, &c.

THERE is nothing more remark_able in the Conduct of the Wri_ters against their Country, than re_peating the same Things, and in_sisting on the same Points, after They have been often confu_ted and expos'd. There is, perhaps, some little Policy in this manner of Writing, which may prove of Advantage to their Patron. It may serve his Purpose, for want of other Expedients, at a critical Point of Time. It may divert the Attention of the Publick from fresh Inquiries, by engaging their thoughts on the same exploded Topicks. It may give a Cue to his Creatures what is expected from them, and fur_nish them with Arguments, such as They are, for answering those Expectations and supporting Him in his Measures.

This Winter hath been very fruitful of ministe_rial Apologies. We have had Observations on the Writings of the Craftsman; a Sequel to the Observa_tions; farther Observations; Sedition and Defama_tion display'd; the Crisis; a Defence of the Mea_sures of the present Administration; and Considerati_ons on the present State of Affairs; besides the weekly Artillery of those regular, standing Troops, the Authors of the London Journal, the Free Bri_ton, the Flying-Post, and their auxiliary the Daily Courant.

But as the chief Stress, in Point of Argument, seems to be laid on the Considerations, I shall con_fine my Remarks to that Piece, though it contains only a confident Repetition of Assertions, which have been often proved false, and of Reasonings upon them, which have been as often refuted. It is, in the main, only a Re-publication of the En_quiry, long since neglected and despised, but new_modell'd indeed, in some Parts, according to the Circumstances of the Times, and accommodated to the present Scheme of Affairs. I shall therefore be very short in my Observations on these Heads.

That the Treaty of Vienna, says our Author, was the only Source and Foundation of all the Troubles, that have distracted Europe for some Years past, must be allow'd by all; though He knows very well that This hath long been a Point in Dispute, very strongly controverted; and He cannot be ignorant that, in the general Opinion of Mankind, it hath been determin'd against Those, who ad_vanc'd it. Did He never read John Trot's Let_ters upon this Subject; or, does He think that no Body else hath read them? Other Reasons may be there found for the Troubles of Europe, especi_ally with Relation to Great Britain, than the Trea_ty of Vienna; but there is no End of repeating the same Things. I must therefore refer the Rea_der to those excellent Pieces; and shall only ob_serve, in general, that it is far from being allow'd by all that the Treaty of Vienna was the only Source of all our Troubles, as this Writer asserts; or that the Union of the two Families, which He men_tions, was ever design'd; for all the Endeavours of France, England and Holland have not been since able to prevail upon the Emperor to consent to a Measure, which tends most effectually, in the pre_sent Circumstances of the two Families, to unite them; I mean to produce a Reunion of their Do_minions; but not in the House of Austria, as He supposes; for I take Don Carlos to be a Branch of the House of Bourbon; and therefore if the Contingency, which He mentions, should happen, and the Marriage, with which We have been so often threaten'd, should take Place, the Dominions of Spain and the Empire might be united in that Family.

The Assertion of secret Engagements, in the Treaty of Vienna, to deprive us of some of our Possessions and most valuable Privileges of Trade, is likewise repeated by this Writer; though the Course of so many Years as have pass'd since the Conclusion of that Treaty, and even our Reconci_liation with Spain have not yet brought any of those Engagements to Light. &horfill; Did the Design of the Ostend Company proceed from the Treaty of Vienna; or was not that Charter granted long before, upon the Pretension of a natural Right, not alienated by any Treaties? &horfill; How does it appear that the Demand, which Spain made, of the Restitution of Gibraltar was a Consequence of any Engagement in this Treaty? &horfill; Hath it not been fully proved, on the contrary, that their Pretensions to this Place, whether just or not, were always found_ed on a Letter, written by his late Majesty, now publick? &horfill; How does it appear that the Emperor ever concurred with the Court of Spain in any Design to deprive us of that inestimable Possession; or gave them any Assistance, when They actually besieged it? &horfill; Lastly, how does it appear that ei_ther Spain or the Emperor had concerted any ProLject, in Favour of the Pretender? &horfill; Did not his Imperial Majesty disown any such Design in the most solemn Manner; and hath not the King of Spain confirm'd his Asseveration, even since their Disunion, by a particular Clause in the Treaty of Seville, in which that Charge is call'd a Pretence only?

In short, the Treaty of Vienna, according to my Apprehension, hath never yet been proved to be any Thing more than an Accommodation of Differences between those two Courts, not in the least dangerous to us, after they had thought Them_selves very ill used by the Mediators, on whom they relyed. Sending back the Infanta from France was such an Indignity as the Court of Spain must cer_tainly resent; and though our Author is pleas'd to assert that the Conduct of Great Britain gave neither the Emperor nor Spain the least Pretence for a Complaint; I must take the Liberty to con_tradict Him, and can look upon such an Assertion in no other Light than as a shameless Insult on the common Sense and Knowledge of Mankind; for without insisting on the Refusal of the sole Me_diation, hath it not been often urg'd by these Writers Themselves that our Defeat of the Spanish Fleet in the Mediterranean lay still at their Hearts; and hath it not been as often proved that the Con_clusion of a private Treaty at Madrid, without the Knowledge of the Emperor, whilst He continued under our Mediation, gave Him some Reason to be offended, and to call our Impartiality a little in Question?

As these Reasons have been repeated in all our anniversary Pamphlets, to justify the Expediency of the Treaty of Hanover; so our Author is not ashamed to speak in the same Manner concerning the Accession of other States to this Treaty; though every Body knows that Holland acceded to it, un_der very large Restrictions; (not to say any Thing of the Peace, which was made for them with the Algerines) and it cannot be forgot that one of the Reasons, urg'd by Count Horn to the States of Sweden for their Accession, was that the Treaty of Hanover did not lay them under so many Obli_gations as former Treaties; though they had a Sub_sidy of fifty thousand Pounds a Year, for three Years; both from England and France, as a Con_sideration for acceding to it. I shall say nothing of the Convention of Denmark; because it does not appear that We paid any Thing for it; and I am at a Loss to think what Reason there can be for any new Convention with that Court, as We have been lately inform'd there is, which may be the Occasion of new Expences to this Nation; but it is plain, from this Account, that the formidable Union of Spain and the Emperor gave these two Courts no Alarm. They took Occasion to make a Penny of it, and were well paid for being ready to muster; that is, They have hitherto received their Money for being Faggots.

Let us now see whether the Consequences of the Treaty of Hanover will not justify our Account of these Accessions. It was said, at first, to be a defensive Treaty only; and, indeed, it contain'd no offensive Stipulations, any more than the Treaty of Vienna. Holland would not have enter'd into it, even under the Limitations, upon which she acceded at last, if it had been an offensive Treaty; and neither Holland nor France did any Thing more, than prepare Themselves against Attacks; but England hath been charg'd with acting offensively, by sending two Fleets of Ships of War, one to the West-Indies, and the other to the Mediterranean. The former of These block'd up the Merchant Ships of Spain in their Port and lay in the most unwholsome Cli_mate in the Universe till the Ships were almost destroy'd, and scarce Men enough were left alive to bring them back in that ruinous Condition. The Consequence of This was, that Spain interrupted the British Commerce in all Parts, and plundered our Merchants without any Reprizals; for though the Considerer speaks of Hostilities between the Crown of England and of Spain, I do not remember any Hostilities that We have been guilty of towards Them, since the blocking up their Galleons. The War between Us and Spain seems to have been carried on in much the same Manner with That, mentioned in Terence, &horfill; nunquam vidi iniquius Certationem comparatam, quam h�c hodie inter nos fuit. Ego vapulando, Ille verberando, usque ambo defessi sumus.

In the mean Time, France and Holland were permitted to carry on their Trade, without Molestation; as They suffer'd the Spani_ards, in Return, to besiege Gibraltar, without furnishing any Quota of Men, Ships, or Money, for the Defence of it; and indeed England, being thus charg'd with beginning Hostilities, was in a manner left without any Ally; engaged by the Treaty of Hanover to assist the other contracting Parties, in case They had been attack'd; but not intitled to their Assistance, when her own Posses_sions were attack'd; because she stood charg'd with being the Aggressor. &horfill; How this Step was under_stood by Spain, appears from the Marquis de Poz_zobueno's See Rousset's Collection, Tom. 3. p. 368. Letter to the Duke of Newcastle, the 1st of January, 1726-7; and surely, it could ne_ver be imagin'd that any other Interpretation could be given to such a Measure!

The Considerer having laid it down as an Axiom, which must be allow'd by all, and supported by undoubted Evidences in Facts, as He speaks in ano_ther Place, that the Treaty of Vienna made Coun_ter-Allyances necessary on our Part, proceeds to shew that an Allyance with France was the most proper Allyance in this Cafe.

He allows, indeed, that an Allyance with Hol_land, whose Interests in most Respects is inseparable from That of England, was certainly the most na_tural and obvious on this Occasion; but, it seems, the Constitution of that Republick makes it almost impossible to keep a Negotiation secret there. &horfill; Now, I cannot see any Reason why a Negotiation may not be kept as secret there as in any other Court. I confess, indeed, that when a Negotiation is form'd into a Treaty, it cannot be kept secret; because it must be brought before the States for their Con_sent; and I should be glad to know what good Purpose it can serve to keep any Treaty secret, after it is once concluded. I am sure, such clandestine Treaties have serv'd many a bad Purpose in our own Memory.

Another Reason, given by our Author, for not treating with Holland, upon this Occasion, is that We are farther remov'd from any sudden Resentment; and therefore it was thought the most adviseable Step, for the common good of both Nations, that Eng_land should first strengthen herself by an Allyance with some other considerable Powers, whose Interest it is to check the Imperial Power; and as the Oppo_sition between the Emperor and France must be con_stant in all Junctures and Events, and Allyance with France was certainly the most natural Allyance England could have, in this Case.

I have put the Author's Argument in its full Strength, as He hath stated it, that He may have no Reason to complain of Misrepresentation; and I will leave the World to judge whether it can do his Cause any Service; for if England is farther remov'd from the Effects of any sudden Resentment, why should she be the first to provide against Dan_ger, and to strengthen Herself with any Allyances? Why did not France lead the Way; since the Con_sequences of the Vienna Treaty were so formida_ble to that Crown? Or what Danger could We ap_prehend from that Treaty, when the Opposition of France to the Emperor was so certain, and the In_terest of Holland made it so necessary for Her to court our Allyance, without any private Restriction, or preliminary Services? May it not likewise be ask'd, whether there is not as constant a Jealousy and secret Rivalship between France and England, as between France and the Emperor?

The Considerer seems to allow that France ab_stractedly hath no great Concern for the Rights and Possessions of Great-Britain; but then We are told that the Union of Spain and the Emperor, which must create the greatest Alarm and Uneasiness to France, would keep her faithful to her Engagements in Point of Interest, as long as that Union subsisted. &horfill; If so, was it our Interest to dissolve that U_nion; or can We rely on the Fidelity of France with the same Confidence, after the Cause of her Apprehensions, by the Dissolution of the Vienna Treaty, is remov'd? May not this Separation of Spain and the Emperor be follow'd by a new Union between France and Spain, more formidable to Us than That, which We have dissolv'd? &horfill; Or, may it not be ask'd, why We converted the defen_sive Treaty of Hanover, which was so wisely pro_jected for the Peace of Europe, and the Interest of Great-Britain, into the offensive Treaty of Seville? For the Stipulation of Spanish Troops, in Contra_vention to the Quadruple Allyance, is certainly an offensive Stipulation, whether it should be ever exe_cuted or not; and We see that it hath already put Europe in Arms.

Yet this Separation of the two Courts, of Vienna and Madrid, hath been extoll'd as the greatest Master-piece of Politicks that any Minister ever performed; though one would think it did not re_quire any extraordinary Address to dissolve an Union between two Crowns, which hath been so often represented unnatural and unaccountable in the ve_ry Foundation of it. Did not the Emperor's Mi_nisters shew more Dexterity in cultivating such an Union; the same Ministers, who likewise found Means to detach the King of Prussia from the Ha_nover Allyance; though the Interest of the two Families of Brandenburg and Austria were incom_patible? &horfill; But this Author, it seems, is of ano_ther Opinion; and We are given to understand that nobody but a Machiavel could have negoti_ated Spain into such a Temper, as to abandon intirely the Imperial Court; to quit her vast Expecta_tions from thence; and to enter into a strict Union with the Hanover Allies. &horfill; Pray, Sir, what vast Expectations do you mean? The great Advanta_ges of the Vienna Treaty were formerly supposed to lye on the Side of the Emperor; and if Spain had any Expectations of establishing the Succession of Don Carlos by an Union with the Emperor, They found Themselves disappointed; for as be_neficial as this Allyance was to Him, He would never consent to that Succession, upon their Terms. Nay, if We may believe the Considerer, Spain was so far from having any reasonable Expectations of this Nature, that one Design of the Vienna Treaty was to defeat the Succession of Don Carlos. As This is a very extraordinary Argument, in Justification of the Treaty of Seville, I will quote it at length. &horfill; The Conduct of the Emperor, in endeavouring to delay and disappoint the Introduction of neutral Gar_risons and the Succession of Don Carlos; and the Steps taken with That View, in the Vienna Treaty, without the Consent of England and France, contracting Parties to the Quadruple Al_liance, sufficiently justified England and France in making this Variation, without the Consent of the Emperor. &horfill; Is it not very surprizing that Spain should pay so dear for a Treaty, which was cal_culated to disappoint her most favourite View? &horfill; Is it not very mysterious that in a Treaty, which was projected with a Design of uniting the two Fa_milies by Marriages, and laying the Foundation of an universal Monarchy in Europe, any Steps should be taken to defeat the Succession of a Prince, in whose Person this formidable Conjunction of Dominions was to take Place? &horfill; If This was one of the Designs of the Vienna Treaty, it must indeed be confessed a very unaccountable Allyance; and the Merit of having dissolv'd it will be great_ly diminish'd. Neither can We wonder at the Conduct of the Emperor in this Case; for how can We think it strange that He should endeavour to defeat the Succession of Don Carlos, by the In_troduction of Spanish Troops into Italy, when Spain herself had concurred in taking Steps, with that View, in the Treaty of Vienna? &horfill; But the Au_thor must have certainly been half asleep and nod_ding over his Treaties, when He let such Stuff fall from his Pen. I shall therefore consider this Affair a little farther, as if no such egregious Blunder had been committed.

At the Time of making the Hanover Treaty, the Emperor's Conduct, with respect to the Suc_cession of Don Carlos, was not thought a sufficient Reason for violating that Part of the Quadruple Allyance, which related to it. The Proposition of 6000 Spaniards, instead of 6000 Neutrals, seems to have been disapproved by England at the Congress of Soissons; and never relish'd, till some short Time before it was made a Stipulation of the Seville Treaty; that is, some Time before the Meeting of Parliament, last Year. The Consent of the Empire was obtain'd, and the Letters ex_pectative deliver'd before the Differences between the Empire and Spain were adjusted; so that the Emperor had made all his Engagements good; and Spain ought to have call'd on the Neutral Powers, who were to garrison the Places, at their own Expence, to perform their Engagements, as well as the Emperor. None of the Parties seem'd to think that there had been any affected Delay at Vienna in that Matter; but though the Qua_druple Treaty says that 6000 Neutrals are to be introduc'd, it does not say when. The Consent of the Duke of Tuscany was sought; whether ever obtain'd, I know not; but in the Year 1723, (Octob. 25,) He protested, by a solemn Act at Cam_bray, against the Stipulations of the Quadruple Allyance, relating to his Dominions; which Rousset, Tom IV. p. 146. Act was repeated and confirm'd the 26th of January following. Spain never liked this Stipulation; and before and at the Congress of Cambray desired 6000 Spaniards; but the French, at that Time, did not care to risque and Accession of Power to the Crown of Spain, any more than the English. Both apprehended the King of Spain, at that Time, to have a Design of setting aside the Renunciations, founded on the Treaty of Utrecht, and of uniting France and Spain. The Persons in Power, in France since the Duke of Bourbon's Removal, have been thought to wish for such an Union; but as the French King hath Sons, those Designs must be laid aside; and as France hath now no Reason to fear such an Accession of Power as Tuscany would be to the Crown of Spain, it is her Interest to promote the Introduction of Spanish Troops; which may oblige the Emperor to keep a greater Body of Forces than formerly in Italy; by which Means France will meet with less Opposition, if ever They attack Him in Germany; as Spain will have a favourable Opportunity of enlarging their Territories in Italy; and This will be a Founda_tion of Friendship between those Crowns.

The Queen of Spain could not have desir'd the Change from neutral to Spanish Troops, but upon the Hopes that her Son may be King of Spain; the Prince of Asturias being very sickly and not likely to have Children.

It is said that France and England are Guaran_ties for the Emperor's Dominions in Italy against any Encroachments, which Spain may attempt to make upon them.

I answer, that the Purposes of the Quadruple Allyance would have been effectually secur'd by neutral Troops; but it is extremely probable that the Introduction of Spaniards will be follow'd by Invasions on the Emperor's Dominions; for though the Introduction of only 6000 Spaniards is stipu_lated, yet if They are put in Possession of Leghorn, They may admit as many more as They please by the Help of their Fleet, which is large enough for that Purpose, and will be as good as a Bridge be_tween Italy and Spain. In this Case, France will not be very forward, to execute their Engage_ments of Guaranty in the Emperor's behalf; and if England does, she must lose her Trade to Spain and to Leghorn. If France should think fit to quarrel with the Emperor, she will encourage Spain to invade his Italian Dominions; and when the Emperor complains of it, They will, without much Difficulty (according to the modern Way of interpreting the Obligations of Treaties) find out some Act or other of the Emperor, which They will alledge as a Reason for his having forfeited a Right to that Guaranty. But surely Princes should endeavour to concert their Treaties in such a Manner, that there may be Reason to hope their Guaranty will not be wanted, and not so as to be almost sure that it will! &horfill; In this latter Case, a Foundation is laid for a War; and as it will be the Interest both of France and England not to quarrel too easily with Spain, on Account of the Benefits of trading with Them; so the Emperor will not trust very readily to their Guaranty.

The Quadruple Allyance directed that when Don Carlos was in Possession, Spain should yield up to Him Porto Longone, which is now in the Hands of that Crown. The Reason of This was, that They might have no Place to land Troops at, to disturb him at their Pleasure. &horfill; I don't remember that the Seville Treaty takes any Notice of This.

How can this Author say, p. 40. that the In_troduction of Spaniards was necessary for the effec_tual Security of that Sucession? The Treaty of Seville it self expresses an Apprehension of Dan_ger to that Sucession from Spanish Troops; and stipulates that when Don Carlos is in quiet Possession, those Troops shall withdraw; that thereby it may be secure from all Events. The Provisions, in the Quadruple Allyance, against the Introduction of Spaniards, are founded on the same Apprehen_sion; and though the Treaty of Seville says that They shall withdraw, when Don Carlos is in quiet Pos_session; yet who is to be Judge when that Possession may be said to be quiet and free from Dan_ger of being disturb'd? Will not the King of Spain take the Decision of that Question upon himself, and give his Troops Orders to keep Possession of those Dominions, if He finds it his Interest? It cannot surely be doubted whether 6000 Neutrals are more proper for the effectual Security of that Succession than 6000 Spaniards, unless upon the Supposition that Don Carlos should be King of Spain, with which Crown the Possession of these Dominions was made incompatible by the Quadru_ple Allyance. Neutral Troops would oppose all At_tempts from the Emperor, or from Spain in Prejudice of this Succession; and Time and Experience have fully shewn that they may be more readily intro_duc'd; the Emperor having long since declared that He is willing to consent to their Introduction, and that he will not consent to the Introduction of Spaniards.

But if the Emperor's Conduct justifies the Mea_sures of the Seville Allies, what have the States of the Empire done to deserve this Treatment? Why should the Parties to the Quadruple Allyance engage, by the Treaty of Seville, to introduce Spanish Garrisons into their Fiefs, without their Con_sent, when the same Parties have declared that the Dominions in question cannot be dispos'd of with_out their Consent; nay, have engaged Themselves in a Guaranty of this very Provision? If the Em_peror consents to this Variation, as it is call'd, with_out their Concurrence, He will involve Himself in the Guilt of violating the Oath, taken at his Elec_tion, and be liable to the divested of the Imperial Dignity. The Imperial Ministers have declar'd This in very strong Terms in a Paper, handed a_bout at Ratisbon, in answer to another Paper, said to have been written by Monsieur de Chavigny, the French Minister there; and in that Paper They assert that, by a secret Article of the Treaty of Madrid, in 1721, between France, Spain and Eng_land, the Introduction of Spanish Troops was sti_pulated. If This is true, it is very astonishing; and I hope the Considerer will allow that it might give the Emperor some little Pretence to complain of our Conduct, whilst He looked upon us as his Friend, and We were acting the Part of a Mediator. But certain it is that, in the Year 1721, a defensive Treaty was made between those three Powers (be_sides the Treaty of Commerce between Spain and England) and the Number of Troops to be furnish'd by each was specify'd. This Treaty was carry'd on so privately, that neither Count Windis_gratz, nor Baron Pentenrieder were able to pene_trate into the Secret of it. This Treaty is printed in Rousset, (Tom. 4. p. 101.) though a certain Gentle_man asserted that the Treaty of 1721 was only a Treaty of Commerce, at which the Emperor could take no Offence.

It is said expressly in that Paper, agreeably to what was always said by the Publick, that the Plan of the Quadruple Allyance was settled by France and England, and by Them sent to Vienna; and that these two Powers offer'd Sicily to the Emperor, before Tuscany and Parma were brought into Que_stion; and indeed there are not any Words, in the Quadruple Allyance, which can lead one to imagine that Sicily was the Equivalent given to the Emperor for the Successions of Tuscany and Parma.

If the present Scheme of Negotiations is to bring the Emperor into the Treaty of Seville, in Case the States of the Empire will consent to the Intro_duction of Spanish Troops, and to promise his En_deavours to obtain their Consent, Affairs will be in a worse Situation than they were in at the Time of the Quadruple Allyance; and if the Emperor should be secure against any Danger from the Turks, He would certainly do what lies in his Power to prevent them from giving their Consent.

Thus stands our Case at present, and such are the Consequences of the happy Conclusion of the Treaty of Seville; which our Author calls, in seve_ral Places, a perfect and absolute Peace with Spain; though He drops an Observation, in one Place, that a War in Italy (which is the natural Consequence of this Treaty, unless prevented by some lucky Incident) must affect the whole Confederacy on each Side; that is, involve all Europe in a War. He tells us likewise that, by this absolute Peace with Spain, all our Rights, Privileges and Posses_sions are renew'd and confirm'd; reasonable Stipula_tions are made for Reparations of past Damages; and the strongest Obligations given for putting our Trade on the Foot of former Treaties. &horfill; Such gross Assertions as These, the dull Crambe repetita of every Court Scribbler, require no Answer. They deserve only our Contempt. &horfill; I shall therefore pass over all his trite Panegyrick on prudent and steady Measures; (which He afterwards calls, some_what more properly, an Appearance of Steadiness and Force;) successful Negotiations; unwilling_ness to put the Nation to an extraordinary Expence, by any unnecessary Precautions; the happy Effects of the Treaty of Hanover; and the happy Conclusion of the Treaty of Seville! &horfill; I will not, I say, en_deavour to rob any Persons of the secret Pleasure and Gratification, which such Incense may give them.

But as this whole Deduction of Arguments is evidently made to recommend the Continuance of twelve Thousand Hessian Troops in our Pay; I will consider that Affair, as it deserves, in a manner partly serious and partly ludicrous; for though the Case of these Troops is become a Point of very so_ber Consequence to Great-Britain; yet the Rea_soning of this Author, in their Behalf, is so ridicu_lous, that it is impossible for the gravest Man to preserve his Temper, and forbear bursting out, now and them, into a Fit of Laughter.

In order to obviate the Clamours industriously raised against the Hessian Troops, which this Nation hath of late Years, been oblig'd to maintain, (for I shall not enter into any Debate, at present, concerning the Number of our Forces at home) He engages to prove that They were first taken into our Pay, and since continued, in Consequence of Treaties, made for the Interest of Great-Britain, and the Pre_servation of the Peace and Ballance of Europe, in_dependent of any other Interest and Consideration whatsoever.

If He had succeeded in this Undertaking, it would have saved me the Trouble of any Remarks; but I think it demonstrable that He hath not brought one tolerable Argument to support his Pro_position. That the Hessian Troops were taken in_to our Pay, in Consequence of Treaties, I shall not deny. Whether those Treaties were made solely for the Interest of Great Britain, and the Preser_vation of the Peace and Ballance of Europe; ap_pears in some Measure already by the happy Ef_fects of them, and my preceding Observations. But let us now examine a little more particularly how the Interest of Great Britain, as well as the Peace and Ballance of Europe, makes the Continuation of this great Expence necessary to us.

The Considerer tells us, that immediately after the Conclusion of the Treaty of Hanover, the Con_sequences of the Vienna Treaty began to shew them_selves openly, and obliged his late Majesty to ap_ply to his Parliament for extraordinary Assistance; which was agreed to, says he, by an Address of the House of Commons, on the 25th of March, 1726, who desired Him "not only to encrease his Num_ber of Seamen, but to concert such other Measures as would best conduce to the Security of the Trade and Navigation of this Kingdom and the Preservation of the Peace of Europe; with Assurances that They would effectually make good All Such Expences and Engagements, as should be made for obtaining those great and desireable Ends &horfill; A most ample Vote of Credit indeed! I hope it is not quoted by Way of Precedent, or to prepare the Nation for one of the same Nature this Year.

At this Juncture, says the Considerer, and in Consequence of the Measures, concerted between his Majesty and his Allies, the late King agreed with the Landgrave of Hesse Cassel for a Body of twelve thousand Hessians, to be ready to march for his Majesty's Service upon Demand.

We are told that France likewise increas'd their Forces very considerably, for the Sake of the common Cause; and that the Dutch, having acce_ded to the Treaty of Hanover, immediately pro_ceeded to an Augmentation of their Troops; re_quiring at the same Time that England and France would have their respective Quotas of twelve thousand Men in readiness and at Hand for the Defence of the Republick, in Case of an im_mediate Attack; which They had more Reason to apprehend than any of the Allies, on Account of their Situation, with Respect to the Imperial Gar_risons in the low Countries, on one Side, and their being exposed, on the other, to the Forces of the King of Prussia, who had been lately gained by the Emperor &horfill; From hence it appears very plain_ly that England need not have courted Holland in_to an Allyance, which was so necessary to her De_fence against immediate Attacks, whilst England was far removed from the Danger; and I have shewn before that France was still more concern'd in Point of particular Interest, to oppose the De_signs of the Vienna Treaty; though I hope it will prove at last, that she had some Regard to the common Cause in the Augmentation of her Forces; but it is certain, from this very State of the Case, that England, being thus remotely concern'd in the Consequences of that Treaty might have hold a slower Pace and involv'd her self in fewer Incon_veniences than she hath felt, as well as procur'd more Advantages than she hath gain'd &horfill; But let us hear the Considerer a little farther.

This equitable Demand, says He, on the Part of the States could hardly have been answer'd by the King, if He had rais'd no Troops but in England. &horfill; Why? &horfill; Because the Dutch, it seems, are too well acquainted with the Accidents of the Sea, and the Difficulties and Delays, which attend the Transport_ing great Bodies of Troops, to depend upon such Help in a Case, which if it happen'd at all, would be sudden and too quick to be withstood by slow Move_ments. &horfill; Therefore it is necessary to keep twelve thousand foreign Troops in constant Readi_ness, at the Expence of Great-Britain, to march to their Assistance.

This is surely one of the most frivolous Argu_ments that was ever advanc'd in a Point of such Consequence. Will any Man, except this Author, pretend to say, that the Accidents of the Sea, and the Difficulties of transporting Troops from England to Holland, are a sufficient Reason for the Expence of maintaining such a Body of foreign Troops? What Power could intercept them? France was an original Ally in the Treaty of Hanover; and surely Spain was not able to cope with the Fleets of England and Holland! Nothing therefore but the common Accidents of the Sea could interrupt our Succours; and are We to avoid them, by such a constant Burthen of Expence, as a Land Tax of six Pence in the Pound, and, what is still worse, carried out of the Kingdom? But even allowing That to be true, against the Evidence of common Sense, will it be said that these Troops are the most pro_perly plac'd for this Purpose in case of Need? Can We suppose that the Landgrave of Hesse would leave his own Dominions in a defenceless Condi_tion, in case of any sudden Attempt from the Vi_enna Allies, and march immediately to the Assistance of Holland? &horfill; Or, even supposing Him so ho_nourably regardless of his own Safety, as to run any Hazards in the Execution of his Engagements; might not the March of these Troops into Hol_land be attended with many more Accidents, Diffi_culties and Delays, than the Transportation of Suc_cours from England ?

But there is another Consideration, which ren_ders this Argument still more ridiculous. The Consi_derer seems to allude to the Case of Embden, when He speaks of our Obligations to support Holland against the Attacks of the King of Prussia; where_as the Troops of Hesse Cassel can never be employ'd to assist the Dutch to protect that Place against the Execution of a Decree of the Aulick Council. It appears from the Papers in Rousset (Tom. 4.) that the States of Holland don't pretend to dispute the Authority of that Court of Justice. They only sollicited the Court of Vienna to suspend the Exe_cution of that Decree, in hopes that Matters might be amicably made up between the Prince and the States of East Friesland. They exhorted the Prince to desist from the Rigour of that Decree in his Fa_vour, and say that They are interested in the Con_sequence of the Execution of it, as it may be the Expulsion of their Garrison, which They have kept there 120 Years, to secure the Observation of Con_ventions between the Prince and States of East Fries_land. They say likewise that the Money lent by their Subjects to the States of East Friesland will be in Danger of being lost, if the Form of Government, establish'd in that Country, should be chang'd; and farther, They have always desired their Allies to support their Instances at the Court of Vienna for the Mitigation of this Decree. They at length say (July 9, 1728.) that They hope the Allies will consider This as Casus Fœderis. They desire it may be carried to the Congress. Count Zinzen_dorf denies it to be a Matter, that can be consider_ed there, because the Decree of the Aulick Council regarded only the Administration of Justice in the Empire. When France was call'd upon to back the Instances of the States at Vienna, she said that she would, from Affection for their Interests; insinuating that she was not oblig'd. Let any one therefore judge whether in a Matter, thus circumstanc'd, and thus thought of by one of the Allies of Hanover, a Prince of the Empire would run the Hazard of being put to the Ban of the Empire for opposing, by his Troops, the Execution of a Decree of a Court of Justice of the Empire. &horfill; See Rousset, Tom. 4. p. 498, &c.

Nor can these Troops, or the Troops of Hanover (which are said likewise to be considerably augment_ed upon the Hanover Treaty) be employ'd, for the same Reason, to make a Diversion in Germany, by attacking the Emperor's hereditary Dominion, or otherwise acting offensively in the Empire, without offending against the Laws of the Empire. The Elector of Hanover, and the Landgrave of Hesse Cassel are oblig'd, as Members of the Germanick Body, to assist the Emperor to protect the Rights and Privileges of the Empire, when invaded by any Attempts to introduce Troops into their Fiefs with_out their Consent; which Consent the contracting Parties to the Seville Treaty have declar'd, by the Treaty of Quadruple Allyance, to be necessary; and unless there is some other Treaty besides That sign'd by Lord Townshend and General Diemar (for That refers only to the Case of the Hanover Trea_ty) there can arise no Case upon the Seville Treaty, which will oblige those Troops to act either offen_sively or defensively.

Our Author proceeds in the following sagacious Manner. &horfill; But here, perhaps, it will be ask'd what hath Great-Britain to do with this String of foreign Troops? What have We to apprehend from the Forces of Prussia, Moscovy, or the Emperor? What Good can the Swedes, the Danes, the Hes_sians, or the Hanoverians do us? &horfill; Aye, what indeed? Our Author would do well to give a bet_ter Answer to these Queries. But He goes on with the same judicious Observations. &horfill; It was our Business to lie by; to wait; and see the Conse_quences and Events of the Vienna Treaty, and to take our Measures accordingly, at a proper Season. &horfill; No Doubt on't, Mr. Considerer; but you seem to think that you have cut us quite down in what follows. It would be unfair therefore not to quote it. &horfill; This indeed, say you, would have been a prudent Step, if the Terms of the Vienna Treaty, and the Measures taken, and the Forces rais'd in Consequence of it, by the contracting Parties, had not been directly levell'd at the Interest of Great_Britain. This would be a very plausible Doctrine, if the Possessions of Gibraltar and Port-Mahon; if the Trade to Italy and Spain, to the East and West-In_dies, and the Baltick; if the Ballance of Europe, and the present, happy Establishment were become indifferent Things to this Nation; as indeed, one would think, They were, especially the last, by the weekly licentious Writings of some Gentlemen, who would be thought to be Men of no little Consequence. &horfill; I have but a single Objection to all this Vein of shrewd Reasoning; which is, that every one of the Points, mention'd by the Author, remains to be prov'd, as I have observ'd before; and if They cannot be proved, He plainly owns the Folly of our Conduct. As to the last Point, I shall have Occasion to consider that Charge in a_nother Place; and will only observe, at present, that those Gentlemen, to whom He alludes, cannot have discover'd a greater Indifference to the present, hap_py Establishment, in their weekly, licentious Writings, than some other Gentlemen have discover'd, by their extraordinary Measures, to the Trade of this King_dom and the Ballance of Europe; the former of which is, I am afraid, too manifestly negotiated into French Hands, and the latter very much im_pair'd, in its most beneficial Branches, by some late wise Treaties.

Having given us these exquisite Reasons for taking the Hessian Troops into our Pay, He pro_duces a Muster-Roll of the Forces on both Sides, as They stood in the Year 1727; which I shall draw up in opposite Columns, or (to use the Author's Words) in Battle Array, against each other.

To Hanover Allyance. To Vienna Allyance.Land Forces. Land Forces.English, &horfill; 26,000. Imperial, &horfill; 227,000.French, &horfill; 160,000. Prussian, &horfill; 70,000.Dutch, &horfill; 50,000. Spanish, &horfill; 60,000.Hanoverians, &horfill; 22,000. Muscovite, &horfill; 30,000,Danes, &horfill; 24,000. Hessians, &horfill; 12,000. Swedes, &horfill; 10,000. Sum total &horfill; 304,000. Sum total &horfill; 387,000, Deduct &horfill; 304,000. To Ballance. &horfill; 83,000.

I wonder the Considerer, when He was giving us a List of the confederate Forces, (as He ex_presses it) on both Sides, should forget our great Ally, the Duke of Wolfenbuttle; who enter'd into a Guaranty of all the British Dominions; and sti_pulated, I think, to furnish a Body of 5000 Men, in Case of need; but perhaps, He consider'd the secret Articles of that Allyance; by which it is pro_vided that these Troops are not to move out of Germany in our Defence. &horfill; Let us therefore return to the State of two Allyances of Hanover and Vienna, as They stood in the Year 1727; upon which our Author makes the following Remark. &horfill; Thus Matters stood in 1727, when almost all the Powers of Europe were, directly or indirectly, engaged and ranged on the Side of the Treaty of Vienna or Hanover.

I hope He will give me Leave to add my Opi_nion that this Arrangement of the Forces, in regular Battalia, on both Sides, shews the busy Ge_nius of some Gentlemen, who have taken great Pains to arm all Europe, at the Expence of their own Country; and if They should be able to dis_arm it again, at an equal Expence, what other Merit will They have, than That of conjuring down a Spirit of their own raising? &horfill; But the Reader will perceive that the Considerer grows quite ludicrous, towards the latter End of his Performance; and the Laugh would be justly turn'd upon us, if We should enter into a grave Confutation of his Ar_guments.

He seems to insunate, by this List of the Forces on both Sides, that instead of 12,000 Hessians our excellent Ministers ought to have demanded 83,000; and that it is owing to their extreme Modera_tion, that the desireable Work of a Peace hath not been yet accomplished; for, according to the Rule of Three, if 12,000 Hessians can procure us a Peace in five Years, 83,000 Hessians would have done it in about the seventh Part of that Time.

To shew that the Hanover Allies went on, Hand in Hand together, He tells us that the Dutch not only augmented their Land Forces, but had like_wise made Preparations to fit out eighteen Men of War. Nay, He might have added that They ac_tually shew'd out a Fleet, at Spithead, for several Months together; and though it might not, per_haps, be victuall'd and provided for any farther Voyage; yet it must be confess'd to be an Appearance of Steadiness and Force, at least; and considering the great Advantages, which England hath reap'd from the Hanover Allyance, it may be put in Bal_lance against the several great Squadrons, which she hath been at the Expence of sending to all Parts of the World.

As to the French, the same Author tells us that They had got every Thing ready for taking the Field. The only Question was Where They should take the Field; and at last a very wise Thought jump'd into the Head of a certain Gentleman, viz. to whose Advantage the Events even of a successful War might turn; which hath hitherto prevented them from taking the Field any where.

However, this equal Co-operation of the Hano_ver Allies, with our Hessian Auxiliaries, made the Emperor look about Him, and consent to a Plan of Preliminaries; which would certainly have produc'd an absolute Peace, long before the Treaty of Seville effected it; had not Spain been provok'd at these Steps, taken without her Approbation, and entertain'd some small Hopes of Disturbances in England, on Account of the late King's Death. &horfill; It may be ask'd, per_haps, what Hopes, of this Nature, Spain could pos_sibly entertain upon his present Majesty's Accession to the Throne with the general Acclamations of all Parties? I answer, from the Change of the Ministry; which would have occasion'd Disturbances, no Doubt, of the utmost Consequence to all Europe.

However, these separate Negotiations with the Emperor (which his Ministers were artfully drawn into) gave such Umbrage to Spain, that They like_wise came into separate Negotiations with us and concluded that absolute Peace, call'd the Treaty of Seville, which gave the Emperor Umbrage, in his Turn; and This is the Foot, which We stand up_on at present.

Here the Considerer asks another wise Question; or, which is much the same Thing, puts it into the Mouth of an Adversary.

But of what Use, says He, can the Hessians be for the Execution of the Treaty of Seville; and particularly for the Introduction of Spanish Garri_sons into Tuscany and Parma?

In Answer to This, the Considerer gives us many weighty Arguments, to shew that these Troops are of the utmost Use, not only upon this Occa_sion, but likewise upon all Occasions, that can pos_sibly happen in Europe.

In order to set this Matter in the clearest Light, I must desire the Reader to recollect that it ap_pears by the Account of the two Allyances, as it stood when Spain and the Emperor were toge_ther, that the Land Forces on the Vienna Side over-ballanc'd Those of the Hanover Allies by 83,000 Men; but the Forces of Spain, (viz. 60,000) being taken from one Side and plac'd to the other, will make the Confederates of Hanover more numerous than Those of Vienna by 37,000; from whence it may be inferr'd, perhaps, that there is not so great a Necessity of the 12000 Hessians; which would be true, if it were fix'd on which Side the Hessians are to be; but as it is yet impossible to know which of the two Pow_ers (Spain or the Emperor) will be most refracto_ry; and as Care must be always taken of the Ballance of Europe; it follows, according to this Gentleman's incomparable Reasoning, that there will always be a Necessity of keeping up the Hes_sians, whether the Emperor or Spain stands out, or both, in order to maintain the Ballance of Eu_rope.

In short, I cannot compare the Author's Rea_soning, in this most excellent Dissertation, to any Thing, but a strong Chain, consisting of several Links; each of which, as it is infrangible in its self, so is it inseparable from any of the rest. It is necessary therefore to lay it out at its full Length, in order to form a true Judgment of it, and then observe how the whole is connected for the Interest of Great Britain.

In demonstrating the Necessity of keeping up the Hessians, the Author proceeds in the follow_ing Manner; and the first Joint of his Sorites, or Rat's Tail, is a Postulatum, which nobody must deny, viz.

1 . p. 6 It must be allow'd by all that the Trea_ty of Vienna laid the Foundation of a formidable Power in Europe, by the Union of the two Fa_milies, of Spain and Austria. 2. p. 8. The Vienna Treaty made the Coun_ter-Allyance of Hanover absolutely necessary. 3. p. 14. The Treaty of Hanover made it ne_cessary to take 12,000 Hessians into our Pay. 4. p. 15. That the Accidents of the Sea made it necessary to keep up the Hessians, for the Protection of Holland. 5. p. 27. The Jealousy of the French and Dutch of the Advantages to Great Britain, by the Assiento Trade, made it necessary to keep up the Hessians. 6. p. 28. The Peace not being yet concluded, at the Congress of Soissons, made it necessary to continue the Hessians. 7. P. 29. If We had appear'd at the Congress in a naked Posture, by disbanding the Hessians, the French would not have stood by us in Defence of Gibraltar or Port-Mahon. Therefore it was neces_sary to keep up the Hessians, that We might be in a Readiness to assist France, in order to make France ready to assist us. 8. p. 32. The Treaty of Seville could never have been accomplished without the Hessians; and therefore the Security of our Possessions and the full Enjoyment of our Commerce, as well as the Separa_tion of Spain from the Emperor are intirely owing to the Hessians. 9. p. 34. As the Hessians were necessary to make the Emperor and Spain quarrel, so they are no less necessary to make them agree; and consequently it is necessary to keep up the Hessians, till the Peace of Europe is absolutely concluded. 11. p. 36. As there are now but small Hopes of gaining the Emperor's Consent to the Introduction of Spanish Troops, by Way of Negotiation; and as it is impossible to do it by Force, without the Hessians; Spain hath a Right, by the Treaty of Seville, to demand the Hessians; for why should England expect to reap the Fruits of successful Nego_tiations, without Expence? 12. P. 42. The Emperor having, at present, a large Body of Forces in Italy, makes it neces_sary to keep up the Hessians. 13. Ib. France being both unable and unwilling to make a Diversion upon the Rhine or in Flanders, it is necessary to keep up the Hessians, for this Purpose likewise. 14. P 45. The Weakness of the Emperor is as good a Reason as his Strength for keeping up the Hessians. 15. P. 47. It is plain that the Hessians are not kept up, for the Sake of the King's foreign Dominions; and yet his Majesty hath a Right to demand the Hessians, for the Defence of those Dominions. 16. P. 51, 52. The Distress of Trade, the Loss of Gibraltar and Portmahon, the Reparation of Dunkirk, the Violation of all our Treaties, the total Subversion of the Protestant Establishment in the House of Hanover, and throwing the whole World into Confusion, will be the fatal Consequences of &horfill; disbanding the Hessians.

From whence it follows that it is a most abo_minable Practice to talk of the Debts of the Na_tion, and sending Money abroad to pay foreign Troops in a Point of such publick Utility &horfill; as the Hessians. The Hessians! who are the Triarii of Great Britain; her last Resort in all Cases, both in Peace and War; both at Home and Abroad; howsoever ally'd, or wheresoever distress'd!

But we must now be a little serious again; for the Subject requires it, though not the Author of his Manner of Reasoning.

Although this Deduction, says He, is gone into so great a Length; yet it seems necessary, before I conclude, to remove some Insinuations, industriously spread against the Hessian Troops; as if they were not hired, or continued in our Pay, for the Sake and Interest of Great Britain.

I think the Author Himself hath pretty plainly confirm'd the Truth of such Insinuations; but He prudently lays them to the Charge of the Enemies of the Government; (that is of the Ministry;) who are, in a Manner, defy'd to produce one Reason or Fact, during the Negotiations and Transactions of so many Years, to shew the Probability of such an Imputa_tion; and if the Author is rightly inform'd, not one Word had pass'd for some Years, before the Conclu_sion of the Treaty of Vienna, about Bremen and Verhden. &horfill; Though I am no Enemy of the Go_vernment, I very much suspect the Truth of this Information, and think myself able to prove the Falshood of it; but as I have not Room to enter into such a Deduction, at present, I shall content myself with presenting the Considerer with a Pas_sage out of the Works of one of his Fellow-La_bourers in the Ministry; by Name Francis Walsingham, Esq; who, in Order to shew the superior Fidelity of the French to the Germans, gave us the following judicious Intimation, in his Free Briton of Thursday November the 26th, 1730, N&osup;. 52; &horfill; Had the antient Proverb of German Faith been infallible, a certain great Prince had granted an Investiture; which He once so_lemnly promised, on a very valuable Consideration; nor would He have expected a Million Sterling, as a refreshing Fee. &horfill; I do not quote this low Fellow, by Way of Authority, but only for the Sake of Information; for as contemptible a Writer as He is in Himself, He sometimes blabs out Se_crets, which are intrusted to Him, in Confidence, by his Pay-master. &horfill; I wish therefore He would let us know, who this certain Prince is, what In_vestiture He means; what valuable Consideration was paid for it; and from Whom that Prince hath expected a Million Sterling, as a refreshing Fee &horfill; The Resolution of these Questions might, perhaps, clear up the Dispute, whether Sicily was granted as an Equivalent to the Emperor for his Consent to the Disposition of the Italian Dominions, in Favour of Don Carlos.

The Votes of Parliament, which the Author quotes in Justification of the Hessians, and for the Sup_port of his Majesty's foreign Dominions, are very little to the Purpose; because what is prudent at one Time may not be prudent at all Times. &horfill; Besides, I presume, this Author will not insist upon a Vote of Parliament as an unanswerable Argument in it self for the Wisdom, or Reasonableness of any Measure. The Defeat of the Spanish Fleet in the Mediterranean, if I mistake not, was voted by Parliament a wise and just Action; and yet our Ministers seem to have quite different Sentiments of it, at present.

The Considerer puts the Dominions of Hanover upon the same Foot with all other Dominions in Allyance with us; and from thenc argues that they have an equal Right to our Protection; espe_cially if they were attack'd out of Resentment for his Majesty's Conduct as King of Great Britain. But, even supposing This to be the Case, are they not a Weight upon the Strength of England? Are they not a constant Pledge, as it were, in the Em_peror's Hands; which may tempt Him, at any Time, to insist upon high Terms? Or would it be in his Power to molest us at all, if it were not for these Dominions?

The Author speaks out at last, and tells us very plainly that though there is no formal Allyance be_tween Great Britain and Hanover (the Quality of King and Elector residing in the same Person) yet the Union between the two Governments, and the Obligations of mutual Defence and Guaranty are as strongly and necessarily imply'd, as the most for_mal Treaties and Conventions could possibly make them.

What Union of the two Governments can the Author possibly mean? Though We have the Hap_piness of living under the same Prince, I thank God, We do not live under the same Form of Go_vernment. Ours is limited; theirs is absolute; and whilst this Difference subsists, there can be no Union between them. But if the Obligations of mutual Defence and Guaranty are as strongly and necessarily imply'd as the most formal Treaties and Conventions could possibly make them; I should be glad to be inform'd what Effect that excellent Provi_sion in the Act of Settlement can ever have, which was made to secure us from the Danger and Ex_pence of Wars, on Account of any Dominions, not belonging to the Imperial Crown of these Kingdoms.

The single Question is (as our Author states it Himself) whether the Continuance of the Hessian Troops, in the Pay of Great Britain, be for the Ho_nour and Interest of the King and this Kingdom; which, I hope, hath been fairly examined in the preceding Pages.

The only Observation, that I shall make farther, is, that though our Author desires this Controversy may be confin'd to the true Merits of the Question, without any Misrepresentations; yet He concludes with the basest Reflection on those Gentlemen, who differ from Him in this Measure, as Persons, who are really grieved, not that We have any Thing to do with Hanover Dominions, but that We have any Thing to do with the Elector of Hanover.

As infamous as the Design of this Reflection is, I will venture to say there are multitudes of Persons, in this Kingdom, zealously affected to the Elector of Hanover, who heartily wish that We had nothing to do with the Hanover Dominions; but We must al_ways expect these mean Arts from Men, who want better Arguments; for as no Bishop, no King was the Cant-Expression of one Reign; it is now turn'd into no W&horfill;le, no House of Hanover!

But We trust in his Majesty's Wisdom, that He will not only separate the Royal Character from the Minister, but likewise consider Himself in a double Capacity, as King of Great Britain and Elector of Hanover. He will have the Goodness to excuse the laudable Partiality of Englishmen to_wards their own Country, and not make the Case of Twelve Thousand Hessians (which They may appre_hend to be an useless Burthen upon them) the only Criterion of Loyalty to his Person and Affection to his Government.

FINIS. |CPO |Y1648 A Venice Looking-Glasse: OR, A LETTER VVRITTEN very lately from London to Rome, by a Venetian Clarissimo to Cardinal Barberino, Protector of the En_glish Nation, touching these present distempers. Wherein, as in a true Mirrour, England may behold her owne spots, wherein she may see, and fore-see, her Follies pass'd, her present Danger, and future Destruction. Faithfully rendred out of the Jtalian into English. &horbar Fas est, & ab hoste doceri. &horbar &horbar Printed in the yeare, 1648.

THE TRANSLATOR TO HIS COUNTRY.

O England, (specially thou besotted City of London) if thou bee'st not past cure, or grown carelesse and desperat of thy selfe, be warn'd by this Stranger, who, having felt thy pulse, and cast thy water very exactly, discovers in thee symptomes of inevitable ruine. Divers of thy owne Children have oftentimes admonish'd thee with teares in their eyes, and terror in their hearts, to recol_lect thy selfe, but they have been little regar_ded: Let a Forreiners advice then take place, and make some impressions in thee, to pre_vent thy utter destruction.

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

MY last to your Eminence was but short, in regard I had been but a short time in this Countrey, I have now made a longer sojourn here, and taken a lei_surely information of all matters; therefore I shal give your Eminence an account proportionably: For by conversation with the most indifferent, and intelligenc'd men, and by communication with the Ambas_sadors here resident, I have taken some paines to pump out the truth of things.

I find, that angry star, which hath lowr'd so long upon Europe in generall, hath been as predominant, and cast as direfull aspects upon this poor Iland, as upon any other part: Truly, my Lord, in all probability this people have pass'd the Meridi_an of their happinesse, and begin to decline extreamly, as well in Repute abroad, as also in the common notions of Religion, and indeed in the ordinary faculty of Reason: I think verily the Ill Spirit never reign'd so much in any corner of the earth by those inhumane and horid things that I have observ'd among them, Nor is it a petty Spirit, but one of the greatest Caco_d�mons that thus drives them on, and makes them so active in the pursuance of their own perdition.

To deduce matters from their Originall, Your Eminency may please to understand, that this King at his accesse to the Crown had deep debts to pay, both of His Fathers, and his own, he was left ingaged in a fresh warre with Spain; and had another presently after with France, and both at one time, but he came off well enough of those: Afterwards never any Countrey flourished in that envied happinesse, and wanton kind of prospe_rity; This City of London was grown to be the greatest Mart, and mistresse of Trade, of any in the world, Insomuch, as I have been certainly inform'd, the King might have eaten meer_ly upon His customes 4000 crownes a day: Moreover, she had a vast bank of money being made the scale of conveying the King of Spaines treasure to Flanders: Insomuch that in a few yeers she had above ten millions of his moneys brought hither, which she might have remitted in specie or in marchandize, and for which this King had five in the hundred for coynage: Yet could he not get beforehand with the world, having a sister with so many Nephews and neeces, having a Queen with diverse children of His own, (at least 16 of the Blood-Royall) to main_taine, with divers profuse Courtiers besides, which made Him more parsimonious then ordinary. The Warres then growing more active 'twixt Spaine and France, as also 'twixt Holland and Spaine both by Land and Sea, and divers great Fleets of Men of War as well French (who were growne powerfull that way) as Dunkerkers, Spaniards, Hollanders, and Hamburgers, appea_ring daily in His narrow Seas, and sayling close by His Cham_bers, the world wondred this King had no greater strength at Sea, in case that any of the foresaid Nations should doe him an affront, as some of them had already done, by denying to dash their Colours to His Ships: Insomuch that in Holland and other places he was pasquill'd at, and pourtrayed lying in his cradle lullaby'd and rock'd asleep by the Spaniard: Hereupon being by advertisements from His Agents abroad, and frequent advice of His Privie Councell at home, made sensible of the danger, and a kind of dishonour he was falne into, and having intelligence that the French Cardinall began to question his title to the Do_minion of the Narrow Seas, considering He employed no visi_ble power to preserve it, He began to consult of meanes to set forth a Royall Fleet: but in regard the Purse of the Crowne was lightly ballasted, and that he had no mind to summon the three Estates, because of some indignities he had received in former Parliaments by the Puritan party, (a race of people averse to all Kingly Government, unlesse they may pare it as they please) his then Atturney Generall, a great cryed-up-Law_yer, put it in his Head to impose an old Tax called Ship-mony upon the Subject, which the said Lawyer did warrant upon his life to be Legall, for he could produce diverse Records how ma_ny of his Progenitors had done the like: The King not satis_fied with his single opinion, referred it to His Learned Councell, and they unanimously averred it to be agreeable to the Law of the Land; yet this would not fully satisfie the King, but He would have the Opinion of His twelve Judges, and they also affirmed by their severall vouches the said Tax to be warrantable; Hereupon it was imposed and leavied, but some refusing to pay it, there was a suite commenc'd, during which all the Judges were to re-deliver their opinions joyntly, and the businesse being maturely debated and canvased in open Court divers months, and all arguments produc'd pro & con, nine of the said twelve Judges concluded it Legal: Thereupon the King continued the imposition of the said Tax, and never was money imployed so much for the Honour and advantage of a Countrey, for he sent out every Summer a Royall fleet to scowre and secure the Seas; he caused a Galeon to be built, the greatest and gallantest that ever spread saile: Nor did he purse up, and dispose of one peny of this money to any other use, but added much of his own Revenues yeerly thereunto: So the world abroad cried up the King of England to be awake againe; Trade did wonderfully encrease, both Domestic and forrein in all the three Kingdomes; Ireland was reduced to an absolute Settlement, the Arreares of the Crown payed, and a conside_rable Revenue came thence cleerly to the Exchequer of England every year, the salaries of all Officers, with the pay of the stan_ding Army there, and all other Charges being defrayed by Ire_land her self, which was never done before. Yet for all this height of happinesse, and the glorious fruites of the said Ship-money, (which was but a kind of petty insensible Tax, & a thing of no_thing to what hath happened since) there were some foolish people in this Land which murmured at it, and cryed out no_thing else but a Parliament, a Parliament; and they have had one since with a vengeance.

But before this occasion, it was observed, that the seedes of disobedience, and a spirit of insurrection was a long time en_gendring in the hearts of some of this peace-pampred People, which is conceived to proceed from their conversation and comerce with three sorts of men, viz. the Scot, the Hollander and the French Huguenot. Now an advantage happened that much conduced to necessitate the convoking of a Parliament, which was an ill-favoured traverse that fell out in Scotland; For the King intending an Uniformity of Divine worship in all His three Kingdomes, sent thither the Lyturgie of this Church, but it found cold and coorse entertainment there, for the whole Nation, men, women and children rise up against them: Here_upon the King absolutely revoked it by Proclamation, wherein He declared 'twas never His purpose to presse the practice there_of upon the Consciences of any; therefore commanded that all things should be in statu quo prius, but this would not serve the turn, the Scot took advantage hereby to destroy Hierarchy, and pull down Bishops to get their demeanes: To which purpose they came with an Army in open Field against their own Native King, who not disgesting this indignity, Mustred another Eng_lish Army; which being upon the confines of both Kingdomes, a kind of Pacification was plaistred over for the present. The King returning to London, and consulting His second thoughts, resented that insolency of the Scots more then formerly: Hereupon He summons a Parliament, and desires aid to Vindicat that Affront of the Scot. The Scot had strong Intelligence with the Puritan Faction in the English Parliament, who seemed to abet his quarell, rather then to be sensible of any nationall disho_nour received from him; which caused that short-lived Parlia_ment to dissolve in discontent, and the King was forced to finde other meanes to raise and support an Army by private Loanes of His Nobler sort of Subjects and Servants: The Scot having punctuall Advertisments of every thing that passed, yea, in the Kings Cabinet Councell was not idle all this while, but rallies what was left of the former Army (which by the articles of Pa_cification should have been absolutely dismissed) and boldly in_vades England, which he durst never have done, if he had not well known that this Puritan Party which was now grown very powerfull here, and indeed had invited him to this expedi_tion, would stand to him. This forrein Army being, by the per_nicious close machinations of some mongrell Englishmen afore_mentioned, entred into the Bowels of the Country, the King was forced to call this present Parliament, with whom he com_plied in every thing, so far as to sacrifice unto them both Iudge, Bishop, Councellor and Courtier; yea, He yeilded to the tum_bling down of many tribunalls of Justice, which were an advantage to his Prerogative; He assented that the Prelates, who were the most Ancient and Prime Members of the upper House, and had priority of all others, since the first constitution of Parliament in the enrollment of all Acts, He assented I say that these, who were the greatest prop of His Crown should be quite outed from among the Peers; He granted them also a Trienniall Parliament, and after that, this Perpetuall; which words, to the apprehension of any rationall man, carry with them a grosse absurdity in the very sense of the thing: And touching this last Grant, I had it from a good hand, that the Queen was a friend to this Parliament, and your Eminence knowes how they have requited Her since, but the maine open Councellor to this fatall Act was a Scot.

Now the reason which they alledged for this everlasting Parliament was one of the baldest that ever I heard of, it was, that they might have time enough to pay the Scots Army, whereas in one morning they might have dispatched that, by passing so many Subsidies for that use, and upon the credit of those, they might have raised what money they would.

The Parliament finding the King so pliable, and His pulse to beat so gently, like ill-natur'd men they fall from inches to ells in seeking their advantages: They grew so peremptory as to demand all the military strength of the Kingdom, the Tower of London, with the whole Royall Navy, which they found in an excellent equipage, gramercy shipmony; so that the bene_fit of Ship-mony, which they so clamoured at, turned most to their advantage of any thing afterwards.

The Scot being Fidler-like returned to his Country with meat, drink, and mony, the King went a while after to keep a Parliament there, wherein he filled every blank, they did but ask and have, for He granted them what possibly they could propound, both for their Kirk and State, many received Ho_nour, and they divided Bishops Lands amongst them: for all which unparallel'd Concessions of Princely grace, they caused an Act already in force to be published, viz. that it should be damnable Treason in the highest degree that could be, for any of the Scots Nation conjunctly or singly to levy armes, or any mi_litary Forces, upon any pretext whatsoever, without His Maje_sties royall Commission; and this they caus'd to be don by way of gratitude, but how they perform'd it afterwards the world knowes too well.

The King returning to London, in lieu of a wellcom to his two Houses of Parliament (to whom also before his departure he had passed more Acts of Grace then all his Progenitors, take them all in a lump) they had patch'd up a kind of Remonstrance, which was voted in the dead of night, wherein they expos'd to the world the least moat in former government, and aggravated to the very height every grievance, all which the King had redressed before; and this Remonstrance, which breath'd nothing but a base kind of malice, they presented as a nosegay to their Soverain Prince, to congratulate his safe return from a forren Countrey; which they caus'd to be printed & publish'd before he could give any answer thereunto. The King finding such a viru_lent spirit still raign in the House, and knowing who were chiefly possess'd with it (whom he had impeach'd before, but saw he could get no justice against them) in such an extremity, he did an act like a generous Prince, for taking the Palsgrave with him, he took the first coach he met withall at his Court gate, and went to his House of Commons in person to demand five Mem_bers, which he would prove to be Traitors in the highest degree, and to be the Authors of all these distempers, protesting upon the word of a King, that they shold have as fair & legall a tryall as ever men had; in the interim he only desir'd that their persons might be secur'd: The walls of both Houses, and the very stones in London street did seem to ring of this high cariage of the Kings, and the sound went thence to the Countrey, whence the silly Plebeians came presently in whole heards to this City, and strowting up and down the streets, had nothing in their mouths, but that the priviledg of Parlement, the priviledg of Parlement was broken, though it be the known cleer Law of the Land, that the Parlement cannot supersede or shelter any treason.

The King finding how violently the pulse of the grosly sedu_ced people did beat, and there having been formerly divers riotous crues of base Mechaniques and Mariners, who had affron_ted both his own Court, and the two Houses besides, which the Commons, to their eternall reproach, conniv'd at, notwithstan_ding that divers motions were made by the Lords to suppresse them, the King also having private intelligence that there was a mischievous plot to surprize his person, remov'd his Court to the Countrey.

The King departing, or rather being driven away thus from his two Houses, by this mutinous City, he might well at his go_ing away have obraided her in the same words as Henry the 3. did upbraid Paris, who being by such another tumultuous rabble driven out of her in the time of the Ligue, as he was losing sight of her, he turn'd his face back, and sayed, Farewell ingratefull Cittie, I will never see thee again till I make my way into thee through thy Walls: Yet, though the King absented himself in person thus from the two Houses, he sent them frequent messages, that they wold draw into Acts what he had already assented unto, and if any thing was left yet undon by him, he wold do it; ther_fore he will'd them to leave off those groundles feares and jea_lousies wherwith they had amus'd both Cittie and Countrey; and he was ready to return at all times to his Palace in West_minster, provided that his Person might be secur'd from the for_mer barbarisms & outrages: But in lieu of a dutifull compliance with their Prince, the thoughts of the two Houses ran upon no_thing but war: The King then retiring into the North, & think_ing with a few of his servants only to go visit a Town of his, he was denied entrance by a fatall unlucky wretch, who afterwards was shamefully executed, with his eldest son, by command of his new Masters of the Parlement: The King being thus shut out of his own town (which open'd the first dore to a bloudy war) put forth a Declaration, wherein he warn'd all his people that they should look to their proprieties, for if Hee was thus barr'd of his owne, how could any private Subject be sure to be Master of any thing he had, and herein he was as much Pro_phet as Prince; For the Parlement-men afterwards made them_selfs Land-Lords of the whole Kingdome, it hath been usuall for them to thrust any out of his freehold, to take his bed from under him, and his shirt from off his very back. The King being kept thus out of one of his townes, might well suspect that he might be driven out of another, therefore 'twas time for him to look to the preservation of his Person, and the Countrey came in voluntarily unto him by thousands to that purpose, but hee made choice of a few only to be his gard, as the Parliamenteers had don a good while before for themselfs: But now they went otherwise to worke, for they fell a levying, listing, and arming men by whole Regiments and Brigades till they had a verie considerable Army a foot, before the King had one Mus_queteer or Trooper on his side: yet these men are so notorious_ly impudent, as to make the King the first Aggressor of the war, and to lay upon Him all the blood that was spilt to this day, wherein the Devill himself cannot be more shameles. The Parliamenteers having an army of foot and horse thus in per_fect Equipage, 'twas high time for the King to look to him_selfe, therefore he was forced to display his royall Standard, and draw his sword quite out: Thus a cruell and most cruentous civill war began which lasted neer upon foure yeers without intermission wherin there happen'd more battailes, sieges and skirmishes, then passed in the Netherlands in fourescore yeers, and herein the Englishmen may be said to get som credit abroad in the world, that they have the same blood running in their veines (though not the same braines in their sculls) which their Ancestors had, who were observed to be the acti_vest peeple in the field, impatient of delay, and most desirous of battaile then any Nation.

But it was one of the greatest miracles that ever happen'd in this Land how the King was able to subsist so long against the Parlamenteers, considering the multiplicity of infinite advantages they had of him by water and land: for they had the Scot, the Sea and the City on their side; touching the first, he rushed in as an Auxiliary, with above 20000. Horse and Foot compleatly furnish'd both with small and great ammunition and arms, well cloth'd and money'd: For the second, they had all the Kings Ships well appointed, which are held to be the greatest security of the Island both for defence and offence, for every one of them is accounted one of the moving Castles of the Kingdome: besides they had all the other standing stone Castles, Forts, and tenable places to boot: Concerning the last, (viz. the City) therein they had all the wealth, bravery, and prime ammunition of England, this being the onely Maga_zin of men and money: Now if the King had had but one of these on his side, he had in all probability crush'd them to no_thing: yet did he bear up strangely against them a long time, and might have don longer, had he kept the campane, and not spent the spirits of his men before Townes; had he not made a disadvantagious election of som Commanders in chief, and lastly, had he not had close Traitors within dores, as well as o_pen Rebells without; for his very Cabinet Councell, and Bed_Chamber were not free of such vermin, and herein the Parle_menteers spent unknown sums and were very prodigall of the Kingdomes money.

The King, after many traverses of war, being reduced to a great streight by crosse successes and Counsells, rather then to fall in_to the hands of the Parlementeers, withdrew himselfe in a Ser_vingmans disguise to the Scots army, as his last randevous, and this plott was manag'd by the French Agent then residing here; A man wold think that that Nation wol'd have deem'd it an e_ternall honor unto them to have their own King and Countrey_man throw himself thus into their armes, and to repose such a singular trust in them upon such an Extremity: but they corre_sponded not so well with him as he expected, for though at first when the Parlamenteers sollicited their deer Brethren for a deli_very of the Kings person unto them, their note was then, if any forren petty Prince had so put himself upon them, they could not with honor deliver him, much lesse their own Native King; yet they made a sacrifice of him at last for 800000. Crownes; whereupon Bellieure the French Ambassador being convoyed by a Troop of horse from the King towards London, to such a stand, in lieu of larges to the souldiers, he drew out an halfe crown peece, and asked them how many pence that was, they answered 30. He replied, for so much did Judas betray his Master, and so he departed

And now, that in the cours of this Historicall Narration I have touch'd upon France, your Eminence may please to under_stand, that nothing allmost could tend more to the advantage of that King, then these commotions in England, considering that he was embark'd in an actuall war with the House of Austria and that this Iland did do Spain som good offices; among other, by transport of his treasure to Dunkerk in English bottomes, wherunto this King gave way, and somtimes in his own Gale_ons, which sav'd the Spainard neer upon 20. in the hundred, then if he had sent it by way of Genoa; so that som think, though France made semblance to resent the sad condition of her Neighbour, and thereupon sent the Prince of Harcour, and the foresaid Monsieur Bellieure to compose matters, yet she never really intended it, as being against her present interest and en_gagements: yet the world thinks it much that she shold pub_liquely receive an Agent from these Parlamenteers, and that the French Nobility who were us'd to be the gallantest men in the world to vindicate the quarrels of distressed Ladies, are not more sensible of the outrages that have bin offer'd a daughter of France, specially of Henry the great's.

But to resume the threed of my Narration, the King (and with him, one may say, England also) being thus bought and sold, the Parlamenteers insteed of bringing him to Westminster, which had put a Period to all distempers toss'd him up and downe to private houses, and kept the former Army still afoot: And truly I think there was never Prince so abus'd, or poor pee_ple so baffled, and no peeple but a purblind besotted peeple wold have suffred themselfs to be so baffled: for notwithstand_ing that no Enemy appeer'd in any corner of the Kingdom, yet above 20000. Tagaroons have bin kept together ever since to grind the faces of the poore, and exhaust the very vitall spirits of town and Countrey, and keep them all in a perfect slavery: Had the Parlement-men, when the Scots were gone, brought their King in a generous and frank way (as had well becom'd Englishmen) to sitt among them, and trusted to him (which of necessity they must do at last) as they had gain'd more honor far in the world abroad, so they had gain'd more upon his af_fections then I beleeve they will ever do hereafter.

But to proceed, the King having bin a good while prisoner to the Parlement, the Army snatch'd him away from them, and som of the chiefest Commanders having pawn'd their soules unto him to restore him speedily, in lieu thereof they tumbled him up and down to sundry places, till they juggled him at last to that small Ile where now he is surrounded with a gard of strange faces and if happly he beginns to take delight in any of those faces, he is quickly taken out of his sight. These harsh usages hath made him becom all gray and oregrown with hair, so that he lookes rather like som Silvan Satyr then a Soverain Prince: And truly my Lord the meanest slave in St. Marks gallies or the abiect's Captif in Algier bannier is not so miserable as he in di_vers kinds, for they have the comfort of their wifes, children and frends, they can convey and receive Letters, send Messeng_ers upon their errands, and have privat discours with any; all which is denied to the King of great Britain, nay the young Princes his children are not permitted as much as to ask him blessing in a letter. In so much that if he were not a great King of his passions, and had a heart cast in an extraordinary Mould, these pressures & those base aspersions that have bin publiquely cast upon him by the Parlement it self, had bin enough to have sent him out of the world e're this, and indeed 'tis the main thing they drive at, to torture his brain and tear his very heartstrings if they could: so that wheras this foolish ignorant peeple speak such horrid things of our Inquisition, truly my Lord 'tis a most gentle way of proceeding being compar'd to this Kings persecu_tions.

As the King himselfe is thus in quality of a captif, so are all his Subjects becom perfect slaves, they have fool' themselfs into a worse slavery then Jew or Greek under the Ottomans, for they know the bottom of their servitude by paying so many Sultanesses for every head; but here, peeple are put to endles, unknowne, tyrannicall Taxes, besides plundring and Accize, which two words, and the practise of them (with storming of Townes) they have learnt of their pure brethren of Holland: and for plundrings, these Parlementeer Saints think they may robb any that adheres not to them as lawfully as the Iewes did the Egiptians: 'Tis an unsommable masse of money these Re_formers have squandred in few yeers, whereof they have often promis'd and solemnly voted a publike account to satisfie the Kingdome: but as in a hundred things more, so in this precious particular they have dispens'd with their Votes: they have consumed more treasure with pretence to purge one Kingdome, then might have served to have purchas'd two; more (as I am credibly told) then all the Kings of England spent of the public stock since the Saxon Conquest: Thus have they not only beg_ger'd the whole Iland, but they have hurld it into the most fear_full'st Chaos of confusion that ever poore Countrey was in; they have torne in pieces the reines of all Government, trampled upon all Lawes of heaven and earth, and violated the very Dictamens of nature, by making mothers to betray their sonnes, and the sonnes their fathers, but specially that great Charter, which is the Pandect of all the Lawes and Liberties of the free_born Subject, which at their admission to the House they are solemnly sworn to maintaine, is torn in flitters: besides those severall Oaths they forg'd themselfs, as the Protestation and Co_venant, where they voluntarily sweare to maintain the Kings Honor and Rights, together with the established Lawes of the Land, &c. Now I am told, that all Acts of Parlement here are Lawes, and they carry that Majestie with them, that no power can suspend or repeale them, but the same power that made them, which is the King sitting in full Parlement; these mon_grell Polititians have bin so notoriously impudent as to make an inferior Ordinance of theirs to do it, which is point-blank a_gainst the very fundamentalls of this Government, and their owne Oaths, which makes me think that there was never such a perjur'd pack of wretches upon earth, never such Monsters of mankind.

Yet this simple infatuated peeple have a Saint-like opinion of these Monsters, this foolish Citie gards them daily with Horse and Foot, whereby she may be sayd to kisse the very stones that are thrown at her, and the hand whence they came, which a dogg wold not do: But she falls to recollect her self now that she begins to be pinch'd in Trade, that that her Mint is starv'd, and that the Prince commands both Sea and River: yet the leading'st men in her Common-Councell care not much for it, in regard most of them have left traffiqueing abroad, finding it a more easie and gainefull way of trading at home, by purchasing Church-lands, plunder'd goods, and debts upon the Public Faith; thus the Saints of this Iland turn godlinesse into gaine.

Truly my Lord, I give the English for a lost Nation, never was there a more palpable obl�sion of the brain, and a more visible decay of reason in any race of men: it is a strange judge_ment from heaven, that a peeple shold not be more sensible how they are becom slaves to Rebells, and those most of them the scumm of the Nation, which is the basest of mise_ries: how they suffer them to tyrannize by a meer arbitrary ex_trajudiciall power o're their very soules and bodies, o're their very lifes and livelihoods; how their former freedom is turn'd to fetters, Molehills into Mountaines of grievances, Ship-mo_ney into Accize, Justice into Tyranny: For nothing hath bin and is daily so common amongst them as imprisonment without charge, and a charge with_out an accuser, condemnation without apparance, and forfaitures with_out conviction.

To speak a little more of the King, if all the infernall fiends had ligu'd against him, they could not have designd & disgorg'd more malice: they wold have laid to his charge his fathers death, as arrand a lie as ever was hatch'd in hell: they wold make him fore-know the insurrection in Ireland, whereas the Spanish Ambassador here, & his Confessor who is very reverend Irish man, told me, that he knew no more of it then the grand Mogor did: they charge him with all the bloud of this civill warre, wheras they and their instruments were the first kindlers of it, and that first prohibited trade: they intercepted and prin_ted his privat letters to his Queen, and hers to him, (Oh barba_rous basenesse!) but therin they did him a pleasure, though the intent was malitious, their aym in all things being to imbitter and envenom the hearts of his peeple towards him; and this was to render him a glorious and well-belov'd Prince, and for making him rich, all which they had vow'd to do upon passing the Act of Continuance, they have made him poorer then the meanest of all his vassalls, they have made him to have no propriety in house, goods, or Lands, or as one may say, in his wife and children: 'Twas usuall for the father to hunt in his Park while the son hunted for his life in the field, for the wife to lye in his bedds, while the husband layed wait to murther him abroad; they have seiz'd upon and sold his pri_vat Hangings and Plate, yea his very Cabinets, Jewells and Pictures.

Nor are they the honorablest sort of peeple, and men nobly extracted (as in Scotland) that do all this, (for then it were not so much to be wondred at) but they are the meanest sort of Sub_jects, many of them Mechaniques, whereof the lower House is full; specially the subordinate Committees, who domineer more ore Nobles and Gentry, then the Parliament-Members themselfs their Masters.

Touching those few Peers that sit now voting in the upper House, they may be sayed to be but meer Cyphers, they are grown so degenerate as to suffer the Commons to give them the Law, to ride upon their backs, and do most things without them: There be many thousand Petitions that have been recommended by these Lords to the lower House, which are scornfully thrown into corners and never read; their Messengers have us'd to dance attendance divers houres and dayes afore they were vouchsafed to be let in or heard, to the eternall dishonor of those Peers and yet poor spirited things they resent it not: The Commons now command all, and though, as I am inform'd, they are sum_mon'd thither by the Kings Originall Writt but to consent to what the King and his great Counsell of Peers (which is the true Court of Parlement) shall resolve upon; They are now from Consenters becom the chiefest Counsellors yea Controw_lers of all; nay som of this lower House fly so high as to term themselfs Conquerors, and though in all conferences with the Lords they stand bare before them, yet by a new way of mix'd Committees they cary themselfs as Collegues: These are the men that now have the vogue, and they have made their Priviledges so big swoln, that they seem to have quite swal_lowed up both the Kings Prerogatives, and that of the Lords: These are the Grandees, and Sages of the times, though most of them have but crack'd braines and crazy fortunes; Nay som of them are such arrand Knaves and coxcombs, that 'tis questiona_ble whither they more want common honesty, or common sense; nor know no more what belongs to true policy then the left legg of a joint-stoole: They are grown so high a tiptoes, that they seem to scorn an Act of Amnestia, or any grace from their King, wheras som of them deserve to be hang'd as oft as they have haires upon their heads; nor have they any more care of the common good of England then they have of Lapland, so they may secure their persons, and continue their Power and Authority, is sweet, though it be in Hell. Thus, my Lord, is England now govern'd, so that 'tis an easy thing to take a pros_pect of her ruine; The Scot is now the rising man, who is the third time struck into her bowells with a numerous Army: They say he hath vow'd never to return till he hath put the Crown on the Kings head, the Scepter in his hand, and the sword by his side; if he do so, it will be the best thing that ever he did, though som think that he will never be able to do Eng_land as much good as he hath don her hurt; He hath extremely outwitted the English of late yeers: And they who were the cau_sers of his first and last coming in, I hold to be the most pernici_ous Enemies that ever this Nation had; for 'tis probable that Germany will be sooner free of the Swed, then England of the Scot, who will stick close unto him like a burr, that he cannot shake him off; He is becom allready Master of the Englishmans soul, by imposing a religion upon him, and he may hereafter be master of his body.

Your Eminence knowes there is a periodicall fate hangs o_ver all Kingdoms after such a revolution of time, and rotation of fortunes wheele; the cours of the world hath bin, for one Nation, like so many nailes, to thrust out another; But for this Nation, I observe by conference with divers of the saddest and best weighdst men among them, that the same presages foretell their ruine as did the Israelites of old, which was a murmuring against their Governors; It is a long time that both Judges Bishops, and privy Counsellors have bin mutter'd at, wherof the first shold be the oracles of the Law, the other of the Gospell, the last of State-affaires, and that our judgments shold acquiesce upon theirs; Here as I am inform'd; 'twas common for evry ignorant client to arraign his Judg; for evry puny Clerk to cen_sure the Bishop; for evry shallow-brain home-bred fellow to descant upon the results of the Councell Table: and this spirit of contradiction and contumacy hath bin a long time fomenting in the minds of this peeple, infus'd into them principally, by the Puritanicall Faction. Touching the second of these (I mean Bishops) they are grown so odious (principally for their large demeanes) among this peeple, as Monks were of old, and one may say it is a just judgment fallen upon them, for they were most busy in demolishing Convents and Monasteries, as these are in destroying Cathedralls and Ministers; But above all, it hath bin observ'd that this peeple hath bin a long time rotten_hearted towards the splendor of the Court, the very glory of their King, and the old establish'd Government of the land: 'Tis true there were a few small leakes sprung in the great ves_sell of the State, (and what vessell was ever so tite but was sub_ject to leakes?) but these wiseakers in stopping of one have made a hundred: Yet if this Kings raign were parallell'd to that of Queen Elizabeth's, who was the greatest Minion of a peeple that ever was, one will find that she stretch'd the Prerogative as much: In her time as I have read in the Latin Legend of her life, som had their hands cut off for writing against her matching with the Duke of Aniou, others were hang'd at Tyburn for tra_ducing her government; she pardon'd thrice as many Roman Priests as this King did, she pass'd divers Monopolies, she kept an Agent at Rome, she sent her Sargeant at Armes to pluck out a Member then sitting in the House of Commons by the eares, and clap'd him in prison; she call'd them sawcy fellowes to meddle with her Prerogative, or with the government of her houshold, she mannag'd all forren affaires, specially the warrs with Ireland soly by her privy Counsell; yet there was no mur_muring at her raign, and the reason I conceave to be, that there was neither Scot or Puritan had then any stroke in England.

Yet, for all their disobedience and grumblings against their Liege Lord the King, this peeple are exactly obedient to their new Masters of the House of the House of Commons, though they sit there but as their Servants and entitle themselfs so; and also though in lieu of the small scratches which, England might happily have receiv'd before (all which the King had cur'd) these new Masters have made such deep gashes in her, and given her such deadly wounds that I believe are incurable.

My Lord, I find by my researches, that there are two great Idolls in this Kingdome the greatest that ever were, they are the Parliament and the Pulpit; 'tis held a kind of blasphemy, if not a sin against the Holy Ghost to speak against the one, and the whole body of Religion is nailed unto the other, for there is no devotion here at all but preaching, which God wot is little better then prating. The abuse of these two hath bin the source of all the distempers which now raign: touching the latter, it hath serv'd as a subservient Engin to prop up the pow_er and popularity of the first; these malicious Pulpit-men breath out nothing thence but either sedition, schisme or blas_phemy; poor shallow brain'd Sciolists, they would question ma_ny things in the old Testament, and find Apocrypha in the New: And such is the violence wherewith the minds of men and women are transported towards these Preachmen, and no o_ther part of devotion besides, that in all probability they will in time take a surfet of them: so that give this giddy peeple line enough there will be no need of Catholique Arms to reduce them to the Apostolic Church, they will in time pave the way to it themselves, and be glad to return to Rome to find out a Religion again.

There was here before, as I am informed, a kind of a face of a Church, there were some solemnities, venerations and decen_cies us'd that a man might discover some piety in this peeple; there was a publick Liturgie that in pithy Patheticall prayers reach'd all occasions; the Sacraments were administred with some reverence, their Churches were kept neat and comly; but this nasty race of miscreants have nothing at all of sweetnesse, of piety and devotion in them; 'tis all turn'd to a fatuous kind of more zeal after learning, as if Christianity had no sobriety, consi_stence, or end of knowledg at all: These silly things, to imitate the Apostles time, wold have the same form of discipline to go_vern whole Nations, as it did a chamberfull of men in the in_fancy of the Church they wold make the same coat serve our Saviour at 30. yeers, which fitted him at three: Tis incredible how many ugly sorts of heresies they daily hatch, but they are most of them old ones newly furbish'd; they all relate to Aeri_us, a perfect hater of Bishops, because he could not be one himself. The two Sectaries which sway most, are the Presbyterians and Independents, the Presbyterian is a spawn of a Puri_tan, and the Independent a spawn of the Presbyterian: there's but one hop 'twixt the first and a Iew, and but half a hop 'twixt the other and an Infidell; they are both opposite to Mo_narchy and Hierarchy; and the latter would have no Go_vernment at all, but a parity and promiscuous confusion, a race of creatures fit only to inhabit Hell: and one of the fruits of this blessed Parlement, and of these two Sectaries is that they have made more Jewes and Athiests then I think there is in all Europe besides; but truly my Lord I think the judgments of Heaven were never so visible in any part of the Earth, as they are now here, for there is Rebell against Rebell, House against House, Cittie against Army, Parlement against Scot, but these two Sectaries, I mean the Presbyterian and Independent, who were the fire-brands that put this poor Iland first in a flame, are now in most deadly feud one against the other (though they both concur in this to destroy government:) And if the King had time enough to look only upon them, they would quickly hang, draw, and destroy one another.

But indeed all Christian Princes shold observe the motions & successes of these two unlucky Incendiaries, for if they shold ligue together againe (as they have often plaid fast and loose one with another) and prevail here, this Iland wold not terminate their de_signes, they wold puzzle all the world besides. Their Preachmen ordinarily cry out in the Pulpit, there is a great work to be done upon earth, for the reforming all mankind, and they are appoint_ed by Heaven to be the chief Instruments of bringing it about: They have already bin so busie abroad, that (with vast sommes of money) they brought the Swed upon the Dane, and the very Savages upon the English Cavalier in Virginia; and could they confederat with Turk, or Tartar, or Hell it self against them, they wold do it: they are monstrously puff'd up with pride, that they stick not to call themselfs Conquerors; and one of the chief ring_leaders of them, an ignorant home-bred kind of Brewer, was not ashamed to vaunt it publiquely in the Commons House, that if he had but 20000. men, he wold undertake to march to Constan_tinople, and pull the Ottoman Emperour out of his throne.

Touching the other grand Idoll the Parlement, 'tis true that the primitive constitution of Parlement in this Iland was a wholsome peece of policy, because it kept a good correspon_dence, and clos'd all ruptures 'twixt the King and his people, but this thing they call Parlement now, may rather be term'd but a cantle of one, or indeed a Conventicle of Schismatiques, rather then a great Counsell; 'tis like a kind of headlesse Monster, or som ectropiated carkas; for there is neither King nor Prelate, nor scarce the seventh part of Peers and Commons; no not the twelfth part fairely elected; neverthelesse they draw the peeple, specially this City, like so many stupid animalls, to adore them.

Yet though this institution of Parlement be a wholsom thing in it self, there is in my judgment a great incongruity in one par_ticular; and I believe it hath bin the cause of most distempers; It is, That the Burgesses are more in number then the Knights of Shires; for the Knights of the Shires are commonly Gentlemen well born, and bred, and vers'd in the Lawes of the Land, as well as forren governments, divers of them; but the Burgesses of Townes are commonly Tradesmen, and being bred in Corpo_rations, they are most of them inclining to Puritanism, and consequently to popular government; these, exceeding the Knights in number, carry all before them by plurality of Voices, and so puzzle all: And now that I have mentioned Corporations, I must tell your Lordship, that the greatest solœcism in the policy of this Kingdom, is the number of them; especially this mon_strous City, which is compos'd of nothing els but of Corpora_tions; and the greatest errors that this King, specially his Fa_ther committed, was to suffer this town to spread her wings so wide; for she bears no proportion with the bignesse of the Iland, but may fit a Kingdom thrice as spacious; she engrosseth and dreines all the wealth and strength of the Kingdom; so that I cannot compare England more properly then to one of our Cre_mona geese, where the custom is, to fatten onely the heart, but in doing so the whole body growes lank.

To draw to a conclusion, This Nation is in a most sad and desperate condition, that they deserved to be pittied, and pre_served from sinking, and having cast the present state of things and all interests into an equall balance, I find, my Lord there be three waies to do it, one good, and two bad:

1. The first of the bad ones is the Sword, which is one of the scourges of heaven, especially the Civill sword.

2. The second bad one is the Treaty, which they now offer the King in that small Iland where he hath bin kept Captif so long, (in which quality the world will account him still while he is detain'd there) and by that Treaty to bind him as fast as they can, and not trust him at all.

3. The good way is, in a free confiding brave way (English_men-like to send for their King to London, where City, and Countrey shold petition him to summon a new and free full Parlement, which he may do as justly as ever he did thing in his life, these men having infring'd as well all the essentiall Privi_ledges of Parlement, as ev'ry puntillio of it, for they have often risen up in a confusion without adjournment, they had two Speakers at once, they have most perjuriously and beyond all imagination betrayed the trust both King and Countrey repos'd in them, subverted the very fundamentalls of all Law, and plung'd the whole Kingdom in this bottomlesse gulf of calami_ties: another Parlement may happly do som good to this lan_guishing Iland, and cure her convulsions, but for these men that arrogat to themselfes the name of Parlement (by a locall puntil_lio only because they never stirr'd from the place where they have bin kept together by meer force) I find them by their a_ctions to be so pervers, so irrational and refractory, so far given over to a reprobat sense, so fraught with rancor, with an irrecon_cileable malice and thirst of bloud, that England may well de_spaire to be heal'd by such Phlebotomists, or Quacksalvers; besides they are so full of scruples, apprehensions, and jealou_sies proceeding from black guilty soules, and gawl'd conscien_ces, that they will do nothing but chop Logic with their King, and spin out time to continu their power, and evade punish_ment, which they think is unavoydable if there should be a free Parlement.

Touching the King he comports himself with an admired temper'd equanimity, he invades and o'remasters them more and more in all his answers by strength of reason, though he have no soul breathing to consult withall, but his owne Genius: he gaines wonderfully upon the hearts and opinion of his peeple, and as the Sun useth to appear bigger in winter, and at his de_clension in regard of the interposition of certain meteors 'twixt the eye of the beholder and the object, so this King being thus o'reclouded and declined shines far more glorious in the eyes of his peeple; and certainly these high morall vertues of constancy, courage and wisdom com from above; and no won_der, for Kings as they are elevated above all other peeple and stand upon higher ground, they sooner receave the inspirations of heaven; nor doth he only by strength of reason outwit them, but he wooes them by gentlenes and mansuetude; as the Gen_tleman of Paris who having an Ape in his house that had taken his only child out of the cradle, and dragged him up to the ridge of the house, the parent with ruthfull heart charmed the Ape by faire words and other blandishments to bring him softly down, which he did; England may be said to be now just upon such a precipice, ready to have her braines dasht out, and I hope these men will not be worse natur'd then that brute animal, but will save her.

Thus have I given your Eminence a rough account of the state of this poor and pittifully deluded peeple, which I wil perfect when I shall com to your presence, which I hope will be before this Autumnall Equinox; I thought to have sojourn'd here longer, but that I am growne weary of the clime, for I feare there's the other two scourges of heaven that menace this I_land, I mean the famin and pestilence, especially this City, for their prophanenes, rebellion and sacriledge: it hath bin a talk a great while whether Anti-Christ be com to the world or no, I am sure Anti-Jesus, which is worse, is among this peeple, for they hold all veneration, though voluntary proceeding from the inward motions of a sweet devoted soule, and causing an out_ward genuflexion, to be superstitious, insomuch that one of the Synodicall Saints here printed and published a Book entitling it against Iesu Worship.

So in the profundest posture of reverence I kisse your vest, being My Lord, Your Eminences most humbly devoted, J. B. C. London this 16. of August, Stylo loci, 1648. |CPO |Y1659 Killing, No Murder: WITH SOME ADDITIONS Briefly Discourst In Three QUESTIONS, Fit for Publick View; To deter and pre_vent Single Persons, and Councils, from Usurping Supream Povver. &horbar By WILLIAM ALLEN. &horbar And all the People of the Land rejoyced; and the City was quiet, after that they had slain Athaliah with the Sword, 2 Chron. 23.21. Now after the time that Amaziah did turn away from following the Lord, they made a Conspiracie against Him in Jerusalem, and He fled to Lachish: but they sent to Lachish after Him, and slew Him there, 2 Chron. 25.27. &horbar &horbar London, Printed MDCLIX.

KILLING NO MURDER. Briefly Discourst in Three Questions.

By WILLIAM ALLEN.

And all the People of the Land rejoyced; and the City was quiet after that they had slain Athaliah with the Sword, 2 Chron. 23.21.

Now after the time that Amaziah did turn away from following the Lord, they made a Conspiracie against Him in Jerusalem, and he fled to Lachish: but they sent to Lachish after him, and slew him there, 2 Chron. 25.27.

&horbar

To his Highness, OLIVER CROMWEL.

May it please your Highness,

HOw I have spent some hours of the leisure your Highness hath bin pleased to give me, this following Paper will give your Highness an accompt. How you will please to interpret it, I cannot tell; but I can with confidence say, my intention in it is, to procure your Highness that justice no body yet does you, and to let the people see the longer they defer it, the greater injury they do both themselves and you: To your Highnes justly belongs the honour of dying for the people; and it cannot choose but be un_speakable consolation to you in the last moments of your life, to consider, with how much bene_fit to the world your are like to leave it. 'Tis then onely (my Lord) the Titles you now usurp will be truly yours, you wil then be indeed the Deliverer of your Country, and free it from a Bondage little inferiour to that from which Moyses delivered his. You will then be that true Reformer, which you would be thought. Religion shall be then restored, Liberty asserted, and Parliaments have those priviledges they have fought for. We shall then hope that other Laws will have place besides those of the Sword, and that Justice shall be otherwise desin'd then the will and pleasure of the strongest, and we shall then hope men will keep Oaths again, and not have the necessity of being false and perfidious to preserve themselves, and be like their Rulers. All this we hope from your Highness happy expiration, who are the true Father of your Countrey; for while you live, we can call nothing ours, and it is from your death that we hope for our Inheritances. Let this consideration arm and fortifie your Highnesses mind against the fears of death, and the terrours of your evil Conscience, that the good you will do by your death, will something ballance the evils of your life. And if in the black Catalogue of High Malefactors few can be found that have lived more to the affliction and disturbance of Mankind, then your Highness hath done, yet your grea_test Enemies will not deny but there are likewise as few that have expired more to the universal benefit of Mankind then your Highness is like to do. To hasten this great good, is the chief end of my writing this Paper, and if it have the effects, I hope it will, your Highness will quickly be out of the reach of mens malice, and your enemies will onely be able to wound you in your memory, which strokes you will not feel. That your Highness may be speedily in this security, is the uni_versal wishes of your grateful Countrey. This is the desires and prayers of the good & of the bad, and it may be is the only thing wherein all Sects and Factions do agree in their devotions, and is our onely common prayer. But amongst all that put in their Requests, and Supplications for your Highnesses speedy deliverance from all Earthly Troubles, none is more assiduous, nor more fervent then he, who with the rest of the Nation hath the Honour to be

May it please your Highness, Your Highness present Slave and Vassal W. A.

IT is not any Ambition to be in Print, when so few spare Paper and the Presse; nor any insti_gations of private revenge or malice (though few that dare be honest now want their causes) that have prevailed with me to make my self the Authour of a Pamphlet, and to disturb that Quiet which at present I enjoy, by his Highness great favour and Cato said of Pompey, It was alike Treason in him to usurp the giving him his life, as to take it away. injustice. Nor am I igno_rant to how little purpose I shall imploy that time and pains, which I shall bestow upon this Paper. For to think that any reasons or perswasions of mine, or conviction of their own, shall draw men from any thing wherein they see profit or security, or to any thing wherein they fear loss, or see danger, is to have a better opinion both of my self and them, then either of us both deserve.

Besides, the subject it self is of that nature, that I am not only to expect danger from ill men, but censure and disallowance from many that are good; for these opinions only lookt upon, not lookt in_to, (which all have not eyes for) will appear bloody and cruel; and these compellations I must ex_pect from those that have a zeal, but not according to knowledge: If therefore I had considered my self, I had spared what ever this is of pains, and not distasted so many, to please so few, as are in man_kind, (the honest and the wise.) But at such a time as this, when God is not onely exercising us with a usual and common calamity, of letting us fall into slavery that used our liberty so ill; but is plea_sed so far to blind our understandings, and to debase our spirits, as to suffer us to court our bondage, and to place it among the requests we put up to him; Indignation makes a man break that silence that prudence would perswade him to use; if not to work upon other mens minds, yet to ease his own.

A late Pamphlet tells us of a great design discovered against the person of his Highness, and of the Parliaments coming (for so does that Junto profane that name) to congratulate with his Highness, his happy deliverance from that wicked and bloody attempt. Besides this that they have Ordered, that God Almighty shall be mockt with a day of thanksgiving, (as I think the World is with the plot) and that the people shall give publique thanks for the publique calamity, that God is yet plea_sed to continue his Judgments upon them, and to frustrate all means that are used for their deli_verance: Certainly, none will now deny, that the English are a very thankfull people. But I think if we had read in Scripture, that the Israelites had cryed unto the Lord, not for their own deliverance, but the preservation of their Task-masters, and that they had thanked God with Solemnity that Pha_raoh was yet living, and that there was still great hopes of the daily encrease of the number of their Bricks: Though that people did so many things not onely impiously and profanely, but ridiculously and absurdly; yet certainly they did nothing we should more have wondered at, then to have found them Ceremoniously thankful to God for plagues, that were commonly so brutishly unthankful for mercies; And we should have thought that Moses had done them a great deal of wrong, if he had not suffered them to enjoy their slavery, and left them to their Tasks and Garlick.

I can with Justice say, my principal intention in this Paper is not to declaim against my L. Pro_tectour or his Accomplices; for were it not more to justifie others, then to accuse them, I should think their own actions did that work sufficiently, and I should not take pains to tell the world what they know before. My design is, to examine whether if there hath been such a Plott as we hear of; and that it was contrived by Mr. Sindercombe against my L. Protectour, and not by my L. Protectour against Mr. Sindercombe (which is doubtful) whether it deserves those Epithites Mr. Speaker is plea_sed to give it, of bloody, wicked, and proceeding from the Prince of darkness. I know very well how uncapable the vulgar are, considering what is extraordinary and singular in every case, and that they judge of things, and name them by their exteriour appearances, without penetrating at all into their causes or natures. And without doubt when they hear the Protectour was to be kill'd, they streight conclude a man was to be murdered, not a malefactour punished: for they think the formalities do alwayes make the things themselves, and that 'tis the Judge and the Cryer that makes the justice, and the Goal the Criminal: And therefore when they read in the Pamphlet Mr. Speaker's Speech, they certainly think he gives these Plotters their right titles; and, as readily as a High-Court of Ju_stice, they condemn them, without ever examing whether they would have killed a Magistrate, or destroyed a See Plutarch. the Life of Timolion, ci_ted in the Con_tinuation of this Session of Parliament justified, lately printed. Tyrant, over whom every man is naturally a Judge and an Executioner; and whom the laws of God, of Nature, and of Nations expose, like Beasts of prey, to be destroyed as they are met.

That I may be as plain as I can, I shall first make it a question, (which indeed is none) Whether my Lord Protectour be a Tyrant or not? Secondly, if he be, Whether it is lawful to do Justice up_on him without Solemnity, that is, to Kill him? Thirdly, if it be lawful, Whether it is like to prove profitable or noxious to the Common-wealth?

The Civil Law makes Tyrants of two sorts, Tyrannus sine Tytulo, and Tirannus Exercitio. The one is called a Tyrant, because he hath no right to govern; the other, because he governs Tyranni_cally. We will very briefly discourse of them both, and see whether the Protectour may not with great Justice put in his claim to both Titles.

We shall sufficiently demonstrate who they are that have not a right to govern, if we shew who they are that have; and what it is that makes the power just, which those that rule have over the natural liberty of other men. To Father, within their private Families nature hath given a Supreme power. Every man, sayes Aristotle, Pol. l. 1. C. 1. of Right governs his wife and children, and this power was necessa_rily exercised Gen. 44.24. every where, whilest Families lived disperst, Arist. ibid. before the constitutions of Com_mon-wealths; and in many places it continued after, as appears by the Laws of Solon, and the most Ancient of those of Rome. And indeed as by the Laws of God 1 Tim. 5.8. and nature, the care, defence, and support of the family lies upon every man whose it is; so by the same Law there is due unto every man from his Family a subjection and obedience, in compensation of that support. But seve_ral Families uniting themselvs together to make up one body of a Comon-wealth, and being Indepen_dent one of another, without any natural Superiority or Obligation, nothing can introduce amongst them a disparitie of Rule and Subjection, but some power that is over them; which power none can pretend to have but God and themselves. Wherefore all power which is lawfully exercised over such a Society of men, (which from the end of its institution we call a Common-wealth) must necessarily be derived either from the appointment of God Almighty, who is Supream Lord of all and every part; or from the consent of the Society it self, who have the next power to his, of disposing of their own liberty, as they shall think fit for their own good. Vid. Hooker. Eccles. Pol. lib. 1.c. 10. This power God hath given to Societies of men, as well as he gave it to particular Ex. 215. persons; and when he interposes not his own authority and appoints not himself who shall be his Vice-gerents and rule under him; he leaves it to none but the people themselves to make the election, whose benefit is the end of all government. Nay when he himself hath been pleased to appoint rulers for that people, which he was pleased peculiarly to own, He many times made the choice, but left the Continuation and Ratification of that choice to the people themselves. So Saul 1 Sam. 10.2. was chosen by God, and anointed King by his Prophet, but make King by all the people at Gigal. 1 Sam. 12.2 David was anointed King 1 Sam. 16.14. by the same Prophet, but was afterwards, after Saul's death, confirmed by the people of Juda, 2 Sam. 2.4. and 7. years after by the Elders of 2 Sam. 5.3. Israel, the Peoples Deputies, at Chebron. And it is observable, that though they knew that David was appointed King by God, and anointed by his Prophet, yet they likewise knew that God allowed to themselves not only his confirmation, but likewise the limitation of his power; for before his Inauguration, they made a league 2 Sam. 5.3. with him; that is, obliged him by compact to the performance of such conditions as they thought necessary for the securing their Liberty. Nor is it less remarkable, that when God gives directions to his people concerning their government, he plainly leaves the Form to themselves: for he sayes not, When thou shalt have come into the Land which the Lord thy God gives thee, Statues super te Regem; But, Si Deut. 17.14. Dixeris statuam. God sayes not, Thou shalt appoint a King over thee; But if thou shalt say, I will appoint; leaving it to their choice, whether they would say so or no. And it is plain in that place, that God gives the people the choice of their King, for he there instructs them whom they shall choose, Emedium fratrum tuorum, one out of the midst of thy brethren: Much more might we say, if it were a less manifest Truth that all just power of Government if founded upon these two bases, of Gods immediate command, or the Peoples consent. And therefore whosoever arrogates to himself that power, or any part of it, that cannot produce one of those two titles, is not a Ruler, but an Invader, and those that are subject to that power, are not governed, but opprest.

This being considered, have not the People of England much reason to ask the Protector this Que_stion, Quis constituit te virum Principem & judicem super nos? Who made thee a Prince and a Judge over us? If God made thee, make it manifest to us. If the People, where did we meet to do it? Who took our Subscriptions? To whom deputed we our authority? And when and where did those De_puties make the choice? Sure these interrogations are very natural, and I believe would much trou_ble his Highness his Council, and his Junto to answer. In a word, that I may not tire my reader, (who will not want proofs for what I say, if he wants not memory) If to change the government without the peoples consent: If to dissolve their Representatives by force, and disannul their Acts: If to give the name of the Peoples Representatives to confederates of his own, that he may establish iniquity by a law: If to take away mens lives out of all course of Law, by certain Murtherers of his own appointment, whom he names A High-Court of Justice. If to decimate mens estates, and by his own power to impose upon the people what Taxes he pleases: And to maintain all by force of Arms: If I say all this does make a Tyrant, his own impudence cannot deny, but he is as compleat a one as ever hath been since there have been Societies of Men. He that hath done, and does all this, is the person for whose preservation the people of England must pray; but certainly if they do, 'tis for the same Reason that the old Woman of Syracuse prayd for the long life of the Tyrant Dionysius, lest the Devil should come next.

Now if instead of Gods Command, or the Peoples Consent, his Highness hath no other Title but force and fraud, which is to want all Title: And if to violate all Laws, and propose none to Rule by, but those of his own will, be to exercise Tyranny he hath usurpt, and to make his Administration conformable to his claym: Then the first Question we proposed, is a Question no longer.

But before we come to the second, being things are more Easily perceived and found by the de_scription of their Exteriour Accidents, and Qualities, then the defining their Essences: It will not be Amiss to see, whether his Highness hath not as well the outward Marks and Characters by which Tyrants are known, as he hath their Nature and Essential properties: Whether he hath not the Skin of the Lyon, and Tayl of the Fox, as well as he hath the Violence of the one, and Deceipt of the other. Now in this Delineation which I intend to make of a Tyrant, all the Lineaments, all the Colours, will be found so Naturally to correspond with the life, that it cannot but be doubted, whe_ther his Highness be the Original, or the Copy. Whether I have in drawing the Tyrant, repre_sented him? or in Representing him, Exprest a Tyrant. And therefore I should be suspected to deal un-sincerely with his Highness, and not to have Applyed These following Characters, but made them, I shall not give you any of my own Stamping, but such as I find in Plato, Aristotle, Tacitus, and his Highness own Evangelist, Machiavell.

The marks of a Tyrant, Arist. Pol. lib. 5.c.10. vid. Mach. Discord. 1. c.40 1. Almost all Tyrants have been first Captains and Generals for the People; under pretences of vindicating, or defending their Liberties. Ut Imperium evertant Libertatem pr�serunt; cum perver_terunt, ipsam aggrediuntur, sayes Tacitus; An.lib. 16. Idem alibi. C�terum liber_tas & Speciosa nomina pr�_texuatur, noc quisquam alie_num servitium, & Dominatio_nem sibi concu_pivit, ut non eadem ista vo_cabula usurpa_ret. Mach. Discord. 2.c.13 to subvert the present Government, they pretend Li_berty for the People; when the Government is down, they then Invade that Liberty themselves: this needs no Application.

2. Tyrants accomplish their ends much more by fraud than force. Neither vertue nor force (sayes Machiavel) Il. princ. c. 9. are so necessary to that purpose, as una Astutia fortunata, a Lucky craft: which sayes he, Disc. l. 2. c. 13. without force hath been often found sufficient, but never force without that. And in another place Prin.c. 18. Arist. Pol. l. 5. c. 11. Plato de Repub. l. 8. ibid. he tells us their way is Aggirare Lucervelli degli huomini con Astutia, &c. With cunning plausible pretences to impose upon mens understandings, and in the end they master those that had so little wit as to rely upon their faith and integrity. 'Tis but unnecessary to say, That had not his Highness had a faculty to be fluent in his tears, and eloquent in his execrations: Had he not had spungy eyes and a supple conscience; and besides to do with a people of great faith, but little wit; his courage and the rest of his Moral vertues, with the help of his Janizaries, had never been able so far to advance him out of the reach of Justice, that we should have need to call for any other hand to remove him, but that of the Hangman.

3. They abase all excellent persons, and rid out of the way all that have noble minds, Et Terr� filius extollunt; and advance Sons of the Earth. To put Aristotle into other words, they purge both Parliament and Army, till they leave few or none there, that have ei_ther honour or conscience, either wit, Interest, or Courage to oppose their designs. And in these Purgations (saith Plato) Tyrants do quite contrary to Physitians; for they purge us of our humours, but Tyrants of our Spirits.

4. They dare suffer no Assemblies. Not so much as Horse-races.

5.In all places they have their Spies and Dilators, that is, they have their Broughalls, their St. Joan's (besides innumerable small spyes) to appear discontented and not to side with them; that un_der that disguise they may get trust, and make discoveries. They likewise have their Emissaries to send with forged letters. If any doubt this, let him send to Major General Brown, and he will Satisfie Him.

6. They Stir not without a guard, nor his Highness without his Life-guard.

7. They impoverish the people, that they may want the power, if they have the will, to attempt any thing against them. His Highness way is by Taxes, Excise, Decimations, &c.

Arist. Ibid. Arist. Ibid. Id. Ibid. & Plato de Re_pub. l. 9. Id. Ibid. Arist. Ibid. Machiev. Pr. cap. 19.

8. They make war to divert and busie the people: And besides, to have a pretence to raise mo_neys, and to make new Levies, if they either distrust their old forces, or think them not sufficient. The war with Spain serveth his Highness to this purpose, and upon no other Justice was it began at first, or is still continued.

9. They will seem to honour and provide for good men: That is, if the Ministers will be Ortho_dox and flatter: If they will wrest and torture the Scripture to prove his Government lawful, and furnish him with Title: his Highness will likewise be then content to understand Scripture in their favour, and furnish them with Tithes.

Machiavel adds, And do grateful things themselves. But that I omit; for I really am un_provided of an instance for his Highness, for I have not yet heard of any good he has done himself.

10. Things that are odious and distastfull, they make others executioners of; and when the peo_ple are discontented, they appease them with Sacrificing those Ministers they imploy: I leave it to his Highness his Major Generals to ruminate a little upon this point.

11. In all things they pretend to be wonderful careful of the Publique: to give general accompts of the money they receive, which they pretend to be levied for the maintenance of the State, and the prosecuting of the War. His Highness made an excellent Comment upon this place of Aristotle in his Speech to this Parliament.

12. All things set aside for Religious uses they set to sale; that while those things last, they may exact the less of the people. The Cavaliers would interpret this of the Dean and Chapters Lands.

13. They pretend inspirations from God, and responses from Oracles to Authorise what they do, his Highness hath been ever an Enthusiast. And as Hugh Capet, in taking the Crown pretended to be admonisht to it in a dream by St. Vallery, and St Richard: so I believe will his Highness do the same, at the instigation of St. Henry, and St. Richard his two Sons. Plato de Rep. b. lib. 8 Id. & Plut. passim.

14. Lastly, Above all things they pretend a love to God and Religion. This Aristotle calls Artium Tyrannicarum Potissimum; the surest and best of all the Arts of Tyrants, and we all know his Highness hath found it so by experience. Histor. of Fran. Ibid. lib. 5. c. 11 He hath found indeed that in goodness there is great gain; and that preaching and praying , well managed, will obtain other Kingdoms as well as that of Heaven. His indeed have been pious Arms, for he hath conquered most by those of the Church, by prayers, and Preces & Lacrym� sunt arma Ecclesi�. tears. But the truth is, were it not for our honour to be governed by one that can manage both the Spiritual and Temporal Sword, and Roman like, to have our Emperor our High Priest: We might have had preaching at a much cheaper rate, and it would have cost us but our Tythes, which now costs us all.

Other Marks and Rules there are mentioned by Aristotle to know Tyrants by: but they be_ing unsuitable to his Highness Actions, and impracticable by his Temper, I insist not on them. As among other things Pol. lib. 5. c. 11. Aristotle would not have a Tyrant insolent in his behaviour, nor strike people. But his Highness is naturally chollerique, and must call men Rogues, and go to Cuffs. At last he concludes he should o fashion his manners, as neither to be really good, nor absolutely bad, but half one, half tother. Now this half good is too great a proportion for his Highness, and much more then his temper will bear.

But to speak Truths more seriously, and to conclude this first Question. Certainly what ever these Characters make any man, it cannot be denied but his Highness is; and then if he be not a Tyrant, we must confess we have no definition nor description of a Tyrant left us; and may well imagine there is no such thing in Nature, and that 'tis onely a Notion and a Name. But if there be such a Beast, and we do at all believe what we see and feel; let us now enquire, according to the method we proposed, whether this be a Beast of Game that we are to give law to, or a Beast of Prey to destroy with all means are allowable and fair?

Whether it be lawful to kill a Tyrant? In deciding this question Authors very much differ, as far as it concerns supream Magistrates, who degenerate into Tyrants. Some think they are to be born with as bad Ames Pa_rentem si �_quus est, si non, feras? Parents; and place them in the number of those mischiefs Sicut steri_litatem, aut ni_mios imbres &c. Tacit. that have no other cure but our patience. Others think they may be questioned by that supream Law of the peoples safety; and that they are an_swerable to the peoples Representatives for the breach of their Trust. But none, of sober sense, makes private persons Judges of their actions; which were indeed to subvert all Government. But on the other side, I find none, that have not been frighted or corrupted out of their Reason, that have been so great Enemies to Common, and the Liberty of Mankind; as to give any kind of Indemnity to a Usurper, who can pretend no Title, but that of being stronger; nor chal_lenge the peoples obedience upon any other obligation but that of their necessity, and fear. Such a person, as one out of all bounds of humane protection, all men make the Ishmael, Gen. 16.12. against whom is every mans hand, as his is against every man. To him they give no more security then Cain, his fellow murtherer and oppressour, promised to himself, to be destroyed by him that found him first.

The reason why a Tyrants case is particular, and why in that every man hath that vengeance given him, which in other cases is reserved to God and the Magistrate, cannot be obscure, if we rightly consider what a Tyrant is, what his crimes are, and in what state he stands with the Com_mon-wealth, and with every member of it. And certainly if we find him an enemy to all Humane Society, and a subverter of all Laws, and one that by the greatness of his villanies, secures himself against all ordinary course of Justice: we shall not at all think it strange, if then he have no be_nefit from humane society, no protection from the law; and if, in his case, Justice dispenses with her forms. We are therefore to consider that the end for which men enter into society is not barely to live, which they may do disperst, as other Animals: but to live happily; and a Life answerable to the dignity and excellency of their kind. Out of Society, this happiness is not to be had, for singly we are impotent, and defective, unable to procure those things that are either of necessity, or or_nament for our lives, and as unable to defend and keep them when they are acquired. To remedy these defects, we Associate together that what we can neither enjoy nor keep, singly, by mutual benefits and assistance, one of another, We may be able to do both. We cannot possibly accom_plish these ends, if we submit not our passions and appetites to the Laws of Reason and Justice. For the depravity of mans will makes him as unfit to live in Society, as his necessity makes him una_ble to live out of it. And if that perverseness be not regulated by Laws, mens appetites to the same things; their avarice, their lust, their ambition would quickly make Society as unsafe, or more, then Solitude it self, and we should associate onely to be nearer our misery and our ruine. That therefore by which we accomplish the ends of a Sociable life, is our subjection, and submis_sion to Laws, these are the Nerves and Sinews of every Society or Common-Wealth; Without which they must necessarily dissolve and fall asunder. And indeed (as Augustine sayes) those Socie_ties where Law and Justice is not, are not Common-wealths or Kingdoms, but Magna Latrocinia, Great Confederacies of Thieves and Robbers. De civit. Dei. Those therefore that submit to no Law, are not to be reputed in the Society of Mankind, which cannot consist without a Law. Therefore Aristotle Pol. lib. 3. c. 12. saith, Tyrannie is against the Law of Nature, that is, the Law of Humane Society, in which Hu_mane Nature is preserved. For this reason they deny a Tyrant to be Partem Civitatis; for every part is subject to the whole; and a Citizen (says the same Author,) Lib. 5. c. 8 is he who is as well ob_liged to the duty of obeying, as he is capable of the power of commanding. And indeed he does obey whilest he does command, that is, he obeys the Laws, which (says Tully) Magistratibus pr�sunt, ut Magistratus pr�sunt Populo, are above the Magistrates, as the Magistrates are above the people. And therefore a Tyrant that submits to no law; but his will and lust are the law, by which he go_verns himself and others, is no Magistrate, no Citizen or member of any Society, but an Ulcer and a Disease that destroys it, and if it be rightly considered, a Common wealth by falling into a Ty_rannie absolutely looses that name, and is actually another thing: Non est civitas qu� unius est viri (says Sophocles) that which is one mans, is no City. For there is no longer King and People or Parlement and People; but those names are changed (at least their natures) into Masters and Servants, Lord and Slaves: And Servor� non Civitas erit sed magna Familia (says Grotius) Defur. bel. l. 3. c. 8 where all are Slaves, 'tis not a City but a great Family. And the truth is, we are all members of Whitehall, and when our Master pleaseth, he may send for us thither, and there bore through our Ears at the door posts. But to conclude, a Tyrant, as we have said, being no part of a Common_wealth, nor submitting to the laws of it, but making himself above all law: There is no reason he should have the protection that is due to a member of a Common-wealth, nor any defence from laws, that does acknowledge none. He is therefore in all reason to be reckoned in the num_ber of those Savage Beasts, that fall not with other into any Heard: that have no other defence but their own strength; making a prey of all thats weaker, and, by the same justice, being a prey to all thats stronger then themselvs.

In the next place, let it be considered, That a Tyrant making himself above all Law, and defending his injustice by a strength which no power of Magistrates is able to oppose; he becomes above all punishment, above all other justice, then that he receives from the stroak of some generous hand. And certainly, the safety of mankind were but ill provided for, if there were no kind of Justice to reach great villanies, but Tyrants should be Immanitate Scelerum tuti, secured by the greatness of their crimes. Our Laws would be then but Cobwebs indeed, made only to catch Flies; but not to hold Wasps or Hornets: And it might be then said of all Common-wealths, what was said of Athens; That there onely small Theeves were hanged, but the great ones were free, and condemned the rest. But he that will secure himself of all hands, must know, he secures himself from none: He that flies Justice in the Court, must expect to find it in the street: and he that goes armed against every man; arms every man against himself. Bellum est in eos, Qui judiciis coerceri non possunt, (says Cicero) WE have warr with those against whom we can have no law. The same Authour, Cum duo sint decertandi genera, &c. There being two wayes of deciding differences, the one by Judgment and Arbitration, the other by Force: the one proper to men, the other to beasts. We must have recourse to the latter, when the former cannot be obtained. And certainly by the Law of Nature, ubi cessat Judicium, when no Justice can be had, every man may be his own Magistrate, and do justice for himself. For the Law (sayes Grotius) that forbids me to pursue my right but by a course of Law: Grot. de ju. Bel. l. 1 c. 8. Certainly supposes, Ubi copia est Judicii, where Law and Justice is to be had: Ibid. otherwise that law were a defence for injuries, not one against them and quite contrary to the nature of all Laws, would become the pro_tection of the guilty against the innocent, not of the innocent against the guilty. Now as it is contrary to the Laws of God and Nature, that men, who are partial to themselves, and therefore unjust to others, should be their own Judges, where others are to be had; Deut. 17. so it is as contrary to the Laws of Naure, and the common safety of mankind, that when the Law can have no place, men should be forbidden to repel force by force, and so to be left without all defence and remedy against injuries. God him_self left not the slave without remedy against the cruel Master: And what Analogie can it hold with reason, that the slave that is but his Masters money; and but part of his Houshold staff, should find redress against the Injuries and Insolencies of an imperious Master, and a free people, who have no Superiour but their God, should have none at all against the injustice and oppres_sion of a Barbarous Tyrant? And were not the incongruity fully as great, that the Law of God per_mitting every man to kill a Thief, if he took him breaking open his house in the night: because then it might be supposed he could not bring him to justice? But a Tyrant, that is the common Robber of mankind, and whom no law can take hold on, his person should be, Sacrosancta, cui ni_hil Sacrum aut Sanctum to whom nothing is Sacred, nothing Inviolable? But the Vulgar judge ridiculously like themselves. The glister of things dazles their Eyes, and they judge of them by their appearances; and the Colours that are put on them. For what can be more absurd in Na_ture, and contrary to all common sence, then to call him Thief and kill him, that comes alone, or with a few to Rob me: Exod. 21. And to call him Lord Protector and obey him, that robs me with Re_giments and Troops? As if to rove with two or three ships were to be a Pirate, but with 50 an Admiral? But if it be the number of Adherents onely, not the cause, that makes the differences between a Robber and a Protectour: I wish that number were defined, that we might know where the Thief ends, and the Prince begins. And be able to distinguish between a Robbery and a Tax. But sure no English-man can be ignorant, that it his Birth-right to be Master of his own Estate; and that none can command any part of it but by his own grant and consent, either made expressly by himself, or Virtually by a Parliament. All other ways are meer Robberies in other Names: Auferre, Trucidare, Rapere, falsis nominibus imperium atque ubi solitudinem faciunt, pacem appelant: Exod. 22.2. To rob, to extort, to murder Tyrants falsly cal'd to govern, and to make desola_tion, they call to settle peace: in every Asseasment we are rob'd, the Excize is Robbery, the Cu_stom's Robbery, and without doubt, when ever 'tis prudent, 'tis always lawful to kill the Thieves, whom we can bring to no other justice. Tacit. in Vid. Agric. And not onely lawful, and to do our selves right, but Glorious and to deserve of mankind, to free the world of that common Robber, that universal Pirat, under whom, and for whom, these lesser Beasts prey. This Firebrand I would have any way extinguisht. This Ulcer I would have any hand to lance. And I cannot doubt but God will suddenly sanctifie some hand to do it, and bring down that bloudy and deceitful man, who lives not onely to the misery, but the infamy of our Nation.

I should have reason to be much less confident of the justice of this opjnion, if it were new, and onely grounded upon Collections and Interpretations of my own. But herein if I am deceived, I shall however have the excuse to have been drawn into that errour, by the examples that are left us by the greatest and most vertuous, and the opinion of the wisest and gravest men, that have left their memories to posterity. Out of the great plenty of Confirmations, I could bring for this Opinion, from Examples and Authorities; I shall select a very few: for manifest Truths have not need of those Supports; and I have as little mind to tire my self as my Reader.

First therefore a Usurper that by onely force possesseth himself of Government, and by Force only keeps it, is yet in the State of War with every man, says the learned Grotius: de in Bel. lib. 1. c. 4. and therefore every thing is lawful against him that is lawful against an open Enemy, whom every man hath a right to kill. Hostis hostem occidere volui, says Sac�vola to Porsena; when he was taken, after he had failed in his attempt to kill him; I am an Enemy, and an Enemy I would have kil'd, which every man hath a right to do. Luc. lib. 2.

Contra publicos hostes, & Majestatis Reos, omnis homo miles est (says Tertullian,) Against Common Enemies and those that are Traitors to the Commonwealth, every man is a Souldier. This opini_on on the most Celebrated Nations have approved , both by their Laws and Practises. The Grecian (as Xenophon tells us) who suffered not Murderers to come into their Temples, in those very Tem_ples they erected Statues to those that kil'd Tyrants, thinking it fit to place their Deliverers amongst their Gods. Cicero was an Eye-witness of the Honours that were done such men, Gr�ci homines, &c. Pro milone The Greeks (saith he) attribute the honours of the Gods to those that kil'd Ty_rants: What have I seen in Athens, and other Cities of Greece! What Religion paid to such men! What songs! What Elogies! Plut. in Solon. By which they are Consecrated to Immortality, and almost Dei_fied! In Athens, by Solon's Law, Death was not onely decree'd for the Tyrant that opprest the State, but for all those that took any Charge, Let his Highness Jun_to make this. De Repub.lib. 8 1a Publici or did bear any Office while the Tyranny remained. And Plato tells us the ordinary Course they took with Tyrants in Greece. If (says he) the Tyrant cannot be expuls'd by Accusing him to the Citizens; then by secret pra_ctises they dispatch him.

Amongst the Romans the Valerian Law was, Si quis injussu populi, &c. Whosoever took Magi_stracy upon him, without the Command of the people, it was lawful for any man to kill him. Plutarch makes this Law more Severe, ut Injudicatum occidere eum liceret, Quis Dominatum con_cupisceret. That it was lawful by that Law, before any Judgement past, to kill him that but Aspired to Tyranny. Likewise the Consular Law which was made after the suppression of the Ty_ranny of the Decemvirate, made it lawful to kill any man that went about to create Magistrates, sine provocatione, &c. Without reference and appeal to the people. By these Laws and innumera_ble Testimonies of Authors, it appears; that the Romans with the rest of their Philosophy, had learned from the Grecians what was the Natural Remedy against a Tyrant: Nor did they ho_nor those less that durst apply it. Who as Polybius says (speaking of Conspiracies against Tyrants) were not, Deterrimi civium, sed Generosissimi Quique, & Maximi Animi, not the worst and meanest of the Citizens, but the most Generous, and those of greatest vertue. Hist. lib. 6. So were most of those that conspired against Julius C�sar. He himself thought Brutus worthy to succeed him in the Empire of the World: And Cicero, who had the Title of Pater Patri�; if he were not conscious of the de_sign; Yet he at least affected the honour of being thought so. Qu� enim Res unquam, &c. What act (says he) O Jupiter more glorious! more worthy of Eternal Memory, hath been done not onely in this City, but in the whole world! Phil. 2. In this design, as the Trojan Horse, I willingly suffer my self to be included with the Princes. In the same place he tells us, what all vertuous Romans thought of the Fact aswel as he. Omnes Boni, Quantum in ipsis fuit, C�sarem occiderunt: aliis consili_um, aliis animus, aliis occasio defuit, Voluntas nemini; All good men (saith he) as much as in them lay killed C�sar: Some wanted Capacity, some Courage, others opportunity; but none the will to do it. But yet we have not declared the extent of their severity against a Tyrant. They exposed him to Fraud, as well as Force, and left him no security in Oaths and Compacts; that neither Law nor Religion might defend him, that violated both. Cum Tyranno Romanis nulla fides, nulla juris jurandi Religio, saith Brutus in Appian: Appian. lib. 7. de Benef. With a Tyrant the Romans think no Faith to be kept, observe no Religion of an Oath. Seneca gives the Reason; Quia quicquid erat, quo mihi coh�reret, &c. For what ever there was of mutual obligation betwixt us; his destroying the Laws of Humane Society, hath dissolv'd: so these that thought that there was in hostem nefas, that a villany might be committed against an Enemy: Sin. These that protest, non minus juste quam fortiter arma gerere to manage their Arms, with Justice as well as Courage: Id. These that thought Faith was to be kept even with the perfidious, Reguius Qui tongum semper fama &c. Sence.in exerc. 4.7. Mic. Ephes. ad 5 Nich. yet they thought a Tyrant could receive no Inju_stice, but to be let live; and that the most lawful way to destroy him, was the readiest. No mat_ter whether by force or fraud; for against Beasts of Prey, men use the soil and the Net, as well as the Spear and the Lance. But so great was their detestation of a Tyrant, that it made some take their Opnions from their Passions; and vent things which they could but ill justice to their Morality, they thought a Tyrant had so absolutely forfeited all Title to Humanity, and all kind of Protection they could give him or his: that they left his wife without any other Guard for her Chastity, but Age and Deformity; and thought it not Adultery what was committed with her. Many more Testimonies might I bring; for 'tis harder to make choice, than to find plenty. But I shall conclude with Authorities that are much more Authentique; and Examples, which we may much more safely imitate.

The Law of God it self decreed certain utique morietur vir ille Deut. 17.12. death to that man that would do presumptuously, and submit to no Decision of Justice. Who can reade this, and think a Tyrant ought to live? But certainly neither that, nor any other Law were to any effect, if there were no way to put it in exe_cution. But in a Tyrants Case, Process and Citation have no place; and if we will onely have Formal Remedies against him, we are sure to have none. There's small hope of Justice, where the Malefactor hath a power to condemn the Judge.

All remedy therefore against a Tyrant is Ebud's Dagger; without which, all our Laws were fruitless, and we helpless. This is that High Court of Justice where Moses brought the Egyptian: whither Ebud brought Eglon; Samson the Philistins; Samuel, Agag; and Jehojada, the She-Ty_rant Athaliah.

Let us a little consider in particular these several Examples, and see whether they may be pro_portioned to our purpose.

First, as to the Case of Moses and the Egyptian; Exod. 2.11.12 certainly every English-man hath as much Call as Moses, and more cause then he, to slay this Egyptian that is always laying on burdens, and always smiting both our brethren and our selves. For as to his Call, he had no other that we read of, but the neccesity his brother stood in of his help. He look't on his brethrens burdens, and seeing an Egyptian smiting an Hebrew, knowing he was out of the reach of all other kind of Ju_stice, slew him.

Certainly this was, and is as lawful for any man to do, as it was for Moses, who was then but a private man, and had no Authority for what he did, but what the Law of Nature gives every man; to oppose Force to Force, and to make Justice where he finds none. As to the Cause of that action, we have much more to say then Moses had: He saw one Hebrew smitten, we many English men murdered; He saw his brethrens burdens, and their blows, We, our Brethrens burdens, imprisonments, and deaths. Now sure if it were lawful for Moses to kill that Egyptian that opprest one man, being there was no way to procure an ordinary course of Justice against him: It cannot be but absurd to think it unlawful to kill him (a) Vid. Et Governador Christiano. c. 8 p. 40 Qualquiera cuidadno me de repeter la fuerca &c. that oppresses a whole Nation, and one that Justice as little reaches as it defends.

The example of Ebud shews us the natural and almost the onely remedy against a Tyrant, and the way to free an opprest people from the slavery of an insulting Moabite, 'tis done by prayers and tears, with the help of a Dagger, by Judg. c. 3. v. 11,19,20 crying to the Lord, and the left hand of an Ebud. Devotion and action go well together; for believe it, a Tyrant is not of that kind of Devil that is to be cast out by onely Fasting and Prayer. And here the Scripture shews us what the Lord thought a fit Message to send a Tyrant from himself: A Dagger of a Cubit in his belly, and eve_ry worthy man that desires to be an Ebud, a Deliverer of his Countrey, will strive to be the Mes_senger. V. 15

We may here likewise observe in this, and many places of Judges, that when the Israelites fell to Idolatry, which of all sins is one of the greatest; V. 20. God Almighty to proportion the punishment and the offence, still delivered them into the hands of Tyrants; which sure is one of the greatest of all Plagues.

In the story of Samson 'tis manifest, that the denying him his wife, and after the burning her, and her Father, which though they were great, yet were but private injuries, he took for suffici_ent grounds to make war upon the Philistins, being himself but a private man, and not onely not assisted, but opposed by his servile Countreymen. Judg. 15. He knew what the Law of Nature allowed him; where other Laws have no place, and thought it a sufficient Justification for smiting the Phili_stins hip and thigh, to answer for himself, that as they did unto him, so had he done unto them. V. 11.

Now that which was lawful for Samson to do against many Oppressours, why is it unlawful for us to do against one? Are our injuries less? Our Friends and Relations are daily murdered before our faces. Have we other ways for reparation? Let them be named, and I am silenc'd. But if we have none, the Fire-brand, or the Jaw-bone, the first Weapons, our just Fury can lay hold on, may certainly be lawfully employed against that uncircumcised Philistin that oppresses us. We have too the opposition and discouragements that Samson had, and therefore have the more need of his courage and resolution. As he had the men of Judah, so we have the men of Levi, crying to us out of the Pulpit, as from the top of the Rock Etam, Know you not that the Phili_stin is a Ruler over you? V. 14. The truth is, they would fain make him so, and bind us with Samson in new Cords; but we hope they become as Flax, and that they will either loose from our hands, or we shall have the Courage to cut them.

Upon the same grounds of Retaliation did Samuel do justice with his own hand upon the Ty_rant Agag. As thy Sword (says the Prophet) hath made women childless, so shall thy Mother be childless amongst women; nor is there any Law more natural and more just. 2. Sam. 15.23.

How many Mothers has our Agag for his own ambition made childless? how many Children Fatherless? how many have this reason to hew this Amalakite in pieces before the Lord? And let his own Relations, and all theirs that are Confederates with him, beware, lest men come at last to revenge their own Relations in them. In Discors. They make many a woman husbandless, many a Fa_ther childless. Their wives may come at last to know what 'tis to want a husband, and them_selves to lose their children. Let them remember, what their great Apostle Machiavel tels them; that in contestations for the preserving their Liberty, People many times use moderation; but when they come to vindicate it, their rigour exceeds all mean, like beasts that have bin kept up & are afterwards let loose, they always are more fierce and cruel. To conclude with the example Je_hojada hath left us; 6 years he hid the right Heir of the Crown in the House of the Lord, & with_out all doubt, amongst the rest of Gods services there he was all that time contriving the destru_ction of the Tyrant, that had aspired to the Crown by the destruction of those that had the right to it. Jehojada had no pretence to authorize his action, but the Equity and Justice of the act it self. He pretended no immediate command from God for what he did nor any authority from the Sanedrin, and therefore any man might have done what Jehojada did as lawfully, that could have done it as effectually. 2 King 11. 2 Chron. 23. Now what citation was given to Athaliah, what appearance was she cal'd to before any Court of Justice: her fact was her trial she was without any expostulation taken forth of the Ranges, and onely let live, till she got out of the Temple, that that Holy Place might not be defiled by the bloud of a Tyrant, which was fitter to be shed on a dung-hill, and so they slew her at the Horse-gate. Chron. 23.14. And by the Kings house, the very White-hall where she had caused the Blood-Royal to be spilt, and which her self had so long unjustly possest, there by Providence did she receive her punishment, where she had acted so great a part of her crimes. How the people ap_proved of this glorious action of destroying a Tyrant, this Chapter tells us at the last v.

And all the people of the Land rejoyced, and the City was quiet, after they had slain Athaliah with the sword. 2 Chron. 23.14. And that it may appear they no less honoured the Authours of such actions, then other Na_tions did; as in his life-time they obeyed Jehoiada as a King, so after his death, for the good he had done in Israel (saith the Scripture) they buried him amongst the Kings. 2 Chron. 34.16.

I must not conclude this story without observing that Jehojada commanded, that whosever followed Athaliah should be put to death. Letting us see what they deserve that are Confederates with Tyrants and will side with them, and but appear to defend them, or allow them, his Highness his Councel, his Junto, and the Agaes of his Janizaries, may, if they please, take notice of this, and repent, least they likewise perish. And likewise his Highness his Chaplains, and Tryers, who are to admit none into the Ministry that will preach liberty with the Gospel; may, if they think fit, observe, that the Tyrant fell Mattan the Priest of Baal. And indeed none but Baals-Priests will preach for Tyrants. And certainly those Priests that Sacrifice to our Baal, our Idol of a Magi_strate, deserves as well to be hang'd before their Pulpits, as ever Mattan did to fall before his Altars. Mr. Sinder_comb's Judge and Jury may likewise consi_der of this point.

I should think now I had said much more then enough to the second question, and should come to the third and last I proposed in my Method; but I meet with two Objections lying in my way: 2 Chron. 23.17. Object. 1. The first is, That these examples out of Scripture, are of men that were inspired of God, and that therefore they had that Call and Authority for their Actions, which we cannot pretend to, so that it would be unsafe for us to draw their actions into examples, except we had likewise their Justifica_tion to alledg.

Object. 2. The other Objection is, that there being now no opposition made to the Government of his High_ness, that the people following their callings, and trafficque, at home and abroad, making use of the laws, & appealing to his Highnes courts of justice: That all this argues the peoples tacit consent to the Government; and that therefore now tis to be reputed lawful, and the peoples obedience voluntary.

Sol. 1. To the first I answer with learned Milton, that if God commanded these things, 'tis a sign they were lawful and are commendable. But secondly, as I observed in the Relations of the examples themselves; Neither Sampson nor Samuel alledged any other cause or reason for what they did, but retaliation, and the apparent justice of the actions themselves. Nor had God appeared to Moses in the Bush when he slew the Egyptian; nor did Jehajada alledg any Prophetical Authority or other Call to do what he did, but that common Call which all men have, to do all actions of Justice that are within their power, when the ordinary course of Justice ceases.

Sol. 2. To the second my answer is, that if commerce and pleadings were enough to Argue the people's consent, and give Tyrannie the name of Government, there was never yet any Tyrannie of many weeks standing in this world. Certainly, we then extreamly wrong Caligula and Nero in calling them Tyrants, and they were Rebels that conspired against them; except we will believe, that all the while they reign'd in Rome, they kept their shops shut, and opened not their Temples, or their Courts. We are likewise with no lesse absurdity to imagine, that the whole 18 years time which Israel served Eglon, and 6 years that Athaliah reigned, that the Israelites quite desisted from traffique, pleadings and all publique acts: otherwise Ehud and Jehoiada were both Traytors, the one for killing his King, the other his Queen.

Third Que_stion. Having shewed what a Tyrant is, his Marks and Practises; I can scarce perswade my self to say any thing to that I made my third Question, Whether the Removing of him is like to prove of Ad_vantage to the Common-wealth or not? for methinks 'tis to enquire whether 'tis better the man die, or the Imposthume be launch'd, or the Gangr�n'd Limb be cut off? But yet there be some, whose Cowardice and Avarice furnish them with some Arguments to the contrary; and they would fayn make the world believe, that to be base and degenerate, is to be Cautious and prudent: and what is in truth a servile fear, they falsely call a Christian patience. It will not be therefore amiss, to make appear, that there is indeed that necessity, which we think there is, or saving the Vineyard of the Common-wealth, if possible, by destroying the wild Boar that is broke into it. We have already shewed, that it is lawful; and now we shall see, whether it is expedient. First I have already told you, That to be under a Tyrant, is not to be a Common-wealth, but a great Family, consisting of Master and Slaves. Vir bone servorum nulla est usquam civitas, sayes an old Poet, A number of Slaves makes not a City. So that whilest this Monster lives, we are not members of a Common_wealth, but only his living tools and Instruments, which he may employ to what use he pleases. Serve tua est fortuna, Ratio ad te nihil, sayes another; Thy condition is a Slaves; thou art not to enquire a Reason; nor must we think we can continue long in the condition of slaves, and not degenerate into the habits and temper that is natural to that condition: our minds will grow low with our fortune; and by being accustomed to live like slaves, we shall become unfit to be any thing Else, Etiam fera animalia si clausa teneas virtutis obliviscuntur, sayes Tacitus the fiercest creatures by long constraint, lose their courage. And sayes Sir Francis Bacon, the blessing of Issachar and that of Judah, falls not upon one people, to be Asses crouching under Burdens, and to have the Spirit of Lyons. And with their courage 'tis no wonder if they lose their fortune as the Effect with the cause, and Act as Ignominiously abroad, as they suffer at home. 'Tis Machiavel's Discor. l. 1. c. 24. observation, That the Roman Armies that were always victorious under Consuls, All the while they were under the slavery of the Decemviri never prospered. And certainly people, have Reason to fight but faintly, when they are to gain a victory against themselves; when every success shall be a confir_mation of their slavery, and a new linck to their chain.

But we shall not only lose our Courage which is a useles and unsafe vertue under a Tyrant, but by degrees we shall, after the example of our Master, All turn perfidious, Deceitful, Irreligious, flatterers, and what ever else is villanous and Infamous in Mankind. See but to what a degree we are come to already. Can there any Oath be found so fortified by all Religious Tyes; which we easily find not a Distinction to break, when either Profit or Danger perswades us to it? Do we Remember any Engagement? or if we do, have we any shame to break them? Can any Man think with patience upon what we have profest, when he sees what we Vilely do, and Tamely Suf_fer? What have we of Nobility amongst us but the name, the luxury and the vices of it? poor wretches, these that now carry that title, are so far from having any of the vertues, that should grace, and indeed give them their titles, that they have not so much as the generous vices that at_tend greatness, they have lost all Ambition and Indignation. As for our Ministers, what have they, or indeed desire they, of their Calling, but the Tythes? Dr. Locker. Dr. Owen. Mr. Jenkins, &c. How do these horrid prevaricators search for distinctions to peece contrary Oaths? How do they Rake Scriptures for flatteries? And Impudently Apply them to his monstrous Highness? what is the City but a Great Tame Beast, that eats and Carries, and cares not who Rides it? What's the thing call'd a Parliament but a Mock? Composed of a people that are only suffered to sit there, because they are known to have no vertue, After the Exclusion of all others that were but suspected to have any? What are they but pimps of Tyranny, who are only Imployed to draw In the people to prostitute their Liberty? What will not the Army fight for? What will they not fight against! What are they but Janizaries, slaves them_selves; and making all others so? what are the people in general but Knaves, Fools, and Cowards; principled for Ease, Vice and Slavery? This our temper, his Tyranny hath brought us to alrea_dy; and if it continues, the little vertue that is yet left to stock the Nation, must totally extin_guish, and then his Highness hath compleated his work of Reformation. And the truth is, till then his Highness cannot be secure. He must not endure vertue, for that will not endure him: He that will maintain Tyranny, must kill Brutus, sayes Machiavell. A Tyrant, sayes Plato, Disc. l. 3. cap. 3. must dispatch all vertuous persons, or he cannot be safe; De Repub. lib. 8. so that he is brought to that unhappy necessity, either to live among Base and wicked persons, or not to live at all.

Nor must we expect any Cure from our patience, Inganno si gli huomini, sayes Machiavel, Disc. lib. 2. cap. 14. credendo con la humilit � vincere la superbia. Men deceive themselves, that think to mollifie Ar_rogancy with humility; a Tyrant's never modest but when he's weak; 'tis in the winter of his fortune when this Serpent bites not: we must not therefore suffer our selves to be couzened with hopes of his amendment: for Nemo unquam Tacit. Hist. lib. 1. Imperium flagitio qu�situm, bonis artibus exer_cuit; Never did any man manage that Government with Justice, that got it by Villany. The longer the Tyrant lives, the more the Tyrannical humour increases in him, sayes Plato, de Repub. lib. 9. like those Beasts that grow more curst as they grow old. New occasions daily happen, that necessitate them to new mischiefs, and he must defend one Villany with another.

But suppose the contrary of all this, and that his Highness were vi Dominationis convulsus, & mutatus, changed to the better by great fortune, (of which he yet gives no symptons) What not_withstanding could be more miserable, then to have no other security for our liberty, no other law for our safety, than the will of a man, though the most just living? we have all our beast within us, and whosoever (sayes Aristotle) Cic. Phil. 4. is governed by a man without a Law, is governed by a man and by a beast. Etiam si non sit molestus Pol. lib. 3. cap. 11. Dominus; tamen est miserrrimum posse si velit, sayes Tully, Though a Master does not Tyrannize, yet 'tis a miserable thing that 'tis in his power to do so if he will. If he be good, so was Nero for five years, and how shall we be secure that he will not change? Besides, the power that is allowed to a good man, we may be sure will be claimed and taken by an ill. And therefore it hath been the custome of good Princes, Lycurgus Theopomp. Plut. in Lycurg. to abridge their own power, it may be distrusting themselves, but certainly fearing their Successours, to the chance of whose being vertuous, they would not hazard the welfare of their people. An unlimited power therefore is to be trusted to none; which if it does not find a Tyrant, commonly makes one: or if one uses it mo_destly, 'tis no argument that others will; and therefore Augustus C�sar must have no greater power given him, then you would have Tiberius take. And Vid. Orat. C�saris in Salust consp cat. Cicero's moderation is to be trusted with a consideration, That there are others to be Consuls as well as he.

But before I press this business farther, if it needs be any farther prest, that we should endeavour to rescue the honour, the vertue and liberty of our Nation, I shall answer to some few Objections that have occurred to me. This I shall do very briefly.

Some I find of a strange Opinion, That it were a generous and a noble action to kill his Highness in the field; but to do it privately they think it unlawful, but know not why. As if it were not generous to apprehend a Theef, till his sword were drawn, and he in a posture to defend himself and kill me. But these people do not consider, that whosoever is possest of power any time, will be sure to engage so many either in guilt or profit, or both, that to go about to throw him out by open force, will very much hazard the total ruine of the Common-wealth. A Tyrant is a Devill that tears the body in the exorcising; and they are all of Caligula's temper, That if they could, they would have the whole frame of Nature fall with them. Sueton in vit. Calig. 'Tis an opinion that deserves no other refutation, then the manifest absurdity of it self; that it shoulde be lawful for me to destroy a Ty_rant with hazard, blood, and confusion, but not without.

Another Objection, and more common, is, the fear of what may succeed if his Highness were re_moved. One would think the World were bewitched. I am fallen into a ditch, where I shall certainly perish if I lye, but I refuse to be helpt out for fear of falling into another; I suffer a cer_tain misery for fear of a contingent one, and let the disease kill me, because there is hazard in the cure. Is not this that ridiculous policy, Ne mortare, mori; To die for fear of dying. Seneca. Sure, 'tis frenzy not to desire a Change, when we are sure we cannot be worse; Et non incurrere in pericula, ubi quiescenti paria metuuntur, and not then to hazard, when the danger and the mischiefs are the same in lying still.

Hitherto I have spoken in general to all English-men; Now I address my discourse particular_ly to those that certainly best deserve that name, Our Selves, that have fought, however unfortu_nately, for our Liberties under this Tyrant; and in the end couzened by his Oaths and Tears, have purchased nothing but our slavery with the price of our blood. To us particularly it belongs to bring this Monster to Justice, whom he hath made the Instruments of his Villany, and sharers in the Curse and Detestation that is due to himself from all good men. Others onely have their Li_berty to vindicate; We, our Liberty and our Honour. We engaged to the People with him, and to the People for him, and from our hands they may justly expect a satisfaction of punishment, being they cannot have that of performance. What the People at present endure, and Posterity shall suffer, will be all laid at our doors: for onely We under God have the power to pull down this Dagon which we have set up. And if we do it not, all Mankind will repute us Approvers of all the Villanies he hath done; and Authors of all to come, Shall we that would not endure a King attempting Tyranny, shall we suffer a profest Tyrant? Cic. in Epist. ad Octav. We that resisted the Lyon assailing us, shall we submit to the Woolf tearing us? If there be no remedy to be found, we have great reason to exclaime; utinam te potius (Carole) retinuissemus quam hunc habuissemus, non quod ulla fit optanda servitus, sed quod ex Dignitate Domini minus turpis est conditio servi; We wish we had rather endured thee (O Charles) then have been condemned to this mean Tyrant; not that we desire any kind of slavery, but that the Quality of the Master something graces the con_dition of the slave.

But if we consider it rightly what our Duty, our Engagements, and our Honour exact from us, both our Safety and our Interest oblige us to, And 'tis as unanswerable, in us, to discretion, as 'tis to vertue, to let this Viper live. For first he knowes very well, 'tis onely we that have the power to hurt him, and therefore of us he will take any course to secure himself: he is conscious to him_self how falsly and perfidiously he hath dealt with us, and therefore he will alwayes fear that from our revenge, which he knowes he hath so well deserved.

Lastly, he knowes our Principles, how directly contrary they are to that Arbitrary power he must govern by, and therefore he may reasonably suspect, that we that have already ventured our liues against Tyranny, will alwayes have the Will, when we have the opportunity, to do the same again.

These Considerations will easily perswade him to secure himself of us, if we prevent him not, and secure our selves of him. He reads in his Practise of Piety, Macb. Pr. c. 5. chi divine Patron, &c. He that makes himself master of a City, that hath been accustomed to Liberty, if he destroyes it not, he must ecpect to be destroyed by it. And we may read too in the same Authour, and believe him, that Ibid. c. 3. those that are the occasion that one becomes powerful; alwayes ruines them, if they want the Wit and Courage to secure themselves.

Now as to our Interest, we must never expect that he will ever trust those, that he hath provo_ked and feared: He will be sure to keep us down, lest we should pluck down him. 'Tis the Rule that Tyrants observe, when they are in power, never to make much use of those that helpt them to it, and indeed 'tis their Interest and security not to do it: for those that have been the authors of their greatness being conscious of their own merit, they are bold with the Tyrant, and lesse indu_strious to please him. They think all he can do for them is their due, and still they expect more: and when they fail in their expectations, (as 'tis impossible to satisfie them) their disappointment makes them discontended, and their discontents dangerous. Therefore all Tyrants follow the ex_ample of Dionysious, who was said to use his friends, as he did his Bottles, when he had use for them, he kept them by him; when he had none, that they should not trouble him and lie in his way, he hung them up.

But to conclude this already over-long Paper, let every man to whom God hath given the Spi_rit of Wisdome and Courage, be perswaded by his Honour, his Safety, his own Good and his Countries, and indeed the duty he owes to his Generation, and to Mankind, to endeavour by all Rational means to free the World of this Pest. Let not other Nations have the occasion to think so meanly of us, as if we resolved to sit still and have our Ears bored: or that any discouragement of disappointments can ever make us desist from attempting our Liberty, till we have purchased it, either by this Monster's death, or by our own. Our Nation is not yet so barren of vertue, that we want noble examples, to follow amongst our selves. The brave Sindercombe hath shewed as great a mind, as any old Rome could boast of; and had he lived there, his name had been registred with Brutus, and Cato; and he had had his Statues as well as they.

But I will not have so sinister an opinion of our selves (as little Generosity as Slavery hath left us) as to think so great a vertue can want its Monuments even amongst us. Certainly, in every vertuous Mind there are Statues rear'd to Sindercombe. When ever we read the Elogies of those that have dyed for their Country; when we admire those great Examples of magnanimity, that have tired Tyrants cruelties: When we extoll their constancyes whom neither bribes nor ter_rours could make betray their Friends: 'Tis then we erect Sindercombe Statues, and grave him Monument: Where all that can be said of a great and noble mind, we justly make an Epitaph for him. And though the Tyrant caused him to be Smothered, lest the people should hinder an open Murder, yet he will never be able either to smother his memory, or his own Villany. His Poison was but a poor and common device to impose only on those that understood not Tyrants practises, and are unacquainted (if any be) with his cruelties and falshoods. He may therefore if he please, take away the Stake from Sindercomb's Grave; and if he have a mind it should be known how he dyed, let him send thither the Pillowes and Feather-bedds with which Barkstead and his Hangman smothered him. But to conclude, Let not this Monster think himself the more se_cure, that he hath supprest one great Spirit, And what may Cicil and Toop expect for their Trea_chery and Per_jury? he may be confident, that Longus post illum sequitur ordo idem petentium decus.

There's a great Rowl behind, even of those that are in his own Muster-Rolls, that are ambi_tious of the Name of the Deliverers of their Countrey: and they know what the Action is that will purchase it. His Bed, his Table is not secure; and he stands in need of other Guards to de_fend him against his own. Death and destruction pursues him wheresoever he goes: they follow him every where, like his fellow-travellers, and at last they will come upon him like armed men. Job. 20. Darkness is hid in his secret places, a Fire not blown shall consume him; it shall go ill with him that is left in his Tabernacle. He shall flee from the Iron weapon, and a bow of Steel shall strike him through. Because he hath oppressed, and forsaken the poor; because he hath violently taken away a House White-hall. Hampton_Court, &c. which he builded not: We may be confident, and so may he, that ere long, all this will be accomplisht: V.5. For the Triumphing of the wicked is but short, and the joy of the Hy_pocrite but for a moment. Though his Excellency He hath now left that Title for High_ness; and will shortly leave that for King. mount up to the Heavens, and his Head reacheth unto the Clouds, yet he shall perish for ever like his own dung. They that have seen Him, shall say, Where is He?

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

I Heartily wish for Englands sake, that your number may be far greater then I fear it is; and that his Highness his frequent purgations may have left any amongst you, that by these Cha_racters are concern'd in this Dedication. That I and all men have reason to make this a doubt, your own action, as well as your tame sufferings do but too plainly manifest. For you that were the Champions of our Liberty, and to that purpose were raised, are not you become the instru_ments of our slavery? and your hands that the people employ'd to take off the yoak from off our necks, are not those very hands they that now put it on? Do you remember that you were raised to defend the Priviledges of Parliament, and have sworn to do it; and will you be employed to force Elections, and dissolve Parliaments, because they will not establish the Tyrants iniquity, and our slavery by a Law? I beseech you think upon what you have promised and what you do, and give not Posterity as well as your own Generation, the occasion to mention you with Infamie, and to cause that unfortunate valour, and success of yours, that onely hath gained victories (as you use them) against the Common-wealth. Could ever England have thought to have seen that Army that was never mentioned without the titles of Religious, Zealous, Faithful, Coura_gious, the fence of her liberty at home, the Terrour of her enemies abroad; Become her Goalers? not her Guard, but her oppressors? not her Souldiers, but a Tyrants Executioners, drawing to blocks and gibbets all that dare be honester then themselves? This you do; and this you are; nor can you ever redeem your own honour, the trust and love of your Country, the estimation of brave men, or the prayers of good; If you let not speedily the World see that you have been de_ceived; which they will onely then believe, when they see your vengeance upon his faithless head that did it. This if you defer too long to do, you will find too late to attempt, and your Repentance will neither vindicate you, nor help us. To let you see you may do this as a lawful action, and to perswade you to do it as a Glorious one, is the practical intent of this following Pa_per: Which, whatever effects it hath upon you, I shall not absolutely fail of my ends; for if it excites not your vertue and courage, it will yet exprobater your cowardice and baseness. This is from one that was once amongst you, and will be so again when you dare be so as you were.

&horbar

AN APPENDIX.

VVHat is here treated of, appeareth to be lawful; there are not a few Examples, that it hath been followed amongst the Romans; the greatest part of their Emperours fell by the hands of private men: Some of them rather then they would fall by a private hand, or pub_lick hand of Justice, did follow the Counsel here prescribed the late Tyrant, that is, to free others from the trouble of hanging him according to his desert, by killing himself, as Nero and others did before him by poysons and other means. The Advice is good, for none that ever attained to that Estate of Dignity, or Villany, but their Imaginations were serued up to the deeming themselvs to be reckoned amongst the Immortal Gods: Men of less Dignity, though of much better mind, must not claim that acquaintance of the Gods, as these Wolves and Panthers. Nero must be deified 3 days before he was condemned to be whipt to death like a Rogue: All men desire rather to appear to be what they should be, than what they are. Their commands are of Divine Stamp: The preservation of themselves is reckoned at a higher rate then the pre_servation of the people. They can perswade themselves no otherwise, but their dignity is bestowed upon them out of singular love from above, and that all inferiour to them are given to be vassals; and that they should hold Life, Liberty & Estates, by no other Tenures than that of Courtesie: If it were profitable for the Tyrant to take all three from all, as well as one or all from some, he would do it: But he will not do that, because he must preserve them, or at least so many that by them he may subsist: those whom he destroyeth, are always the best of men. The Tyrant that is the Subject of this Discourse, since none would put in execution what is here urged; nor yet the Army, who should have deliverd him to Justice, and made him a famous Example to all after_ages; God, by his Divine Hand of Justice, did deliver this poor Captivated Nation from under his hand: His death was not a death like unto other men; though some would have it so: Not one drop of bloud was found in his Heart, who had delighted to drink so much innocent bloud as he did of many persons who were trappan'd by his Sicofants, who contrived the Plot, & drew in those persons, whose late sufferings prepared them, and made them apt matter for the recei_ving any thing propounded that had the least savour of Revenge, as Tinder to receive fire. These Sicovants afterward, became the discoverers of the Plots, and the Witnesses themselves; and the Army standing by as aiders and abettors of those horrid Inhumanities, of which the Army have (in part) repented: There remaineth yet of their Repentance, Newness of Life, that is, Never more to be instrumental in aiding a Tyranny, either in one or more. The Expedients for preven_tion thereof, are such as these; that seeing it is lawful to kill a Tyrant and Usurper, without any express Law, it would be much more commendable, and more encouragement, for Undertakers herein, if a Law were made, that in that Case onely it should be lawful for a man to kill another, that doth design, plot, conspire; or that setteth on foot any thing that tendeth to the erecting a Tyranny. Here it is not meant to countenance Murders, that after slaying a man, it shall be suffi_cient to plead he was erecting a Tyranny for himself or others: No, but his Plea for his Justifica_tion, shalbe attended with such Circumstances, and other Evidences and Proof, that it shalbe de_monstrable and evident that it was so. Without some such kind of Law, and the often reading thereof, as once it was a Custom, that Magna Charta should be read once a year in every Church throughout these Dominions, you shall never else be able to keep out Tyrants. Would you do it by Arms, he maketh them his: would you do it by Law, he lifteth himself above the Laws? In such a Case, no Hand can reach him, but a private Hand. To what purpose is it, that a Common-wealth shall ordain, that it shall be Treason for any to attempt the Supremacy, and that it shall be pu_nished with death, when such like Ordinances cannot take place, nor be put into execution: un_less that he who attempteth the Tyranny, do miscarry and fail of his Enterprise? But on the con_trary, if the Usurper doth accomplish and effect what he undertaketh, then such kind of Laws are but dead Letters; for that the Law by a publick Hand of Justice cannot reach him, in regard that now he hath made himself Master of the Law, and all Courts of Justice, in which the Law is administered; therefore a private Hand of Justice must reach him: to that end and purpose, to preserve a State free, you must ordain such a Law that great Rewards shall be given, and respect shall be had to such person or persons, as shall kill a Tyrant and Usurper, that shall attempt the Supremacie of a Nation. If such a Law had been in being at that day that the sitting of this Parliament was interrupted; and that in prosecution of that Law some one or two had put it in execution upon Cromwel and Harrison who took the Speaker by the hand, and drew him out of his Chair, it had doubtless prevented that Tyranny, that hath been over us for these six years, and might again the same day have given quiet to the sitting of the Parliament, if the same day the Execution had been done; the which, doubtless, would have been, if any such Law had been in being. Is't any other, then, in effect, than the same Law that it shall be death to attempt the Supre_macie; and that it shall be lawful for any one to kill him, that shall attempt the Supremacie: You design his death, that shall do such a thing by your Law; onely the manner of the Execution differeth: Both are good, and when ordinary Justice cannot reach him, Extraordinry ought. The Reward to the person that shall deliver his Countrey in this manner, ought to be great, he ought to have his Condition bettered ten times, of what it was under the Tyrant; which will invite some to undertake the work. Killing of a Tyrant is onely lawful, when other means faileth. It is not lawful, but when the Publick may probably reap the benefit of it. If you should kill one Tyrant to set up another, you sin against God, and Nature, and Law.

FINIS.

|CPO |Y1660 Englands MONARCHY Asserted; and Proved TO BE The FREEST STATE, AND The BEST COMMON-WEALTH Throughout the World. WITH A Word to the Present Authority, AND His EXCELLENCY General MONCK. &horbar LONDON, Printed by W. G. for Richard Lowndes at the White Lion in St. Pauls Church-yard. 1660. Englands Monarchy Asserted and proved to be the Freest State and Best Common-wealth throughout the World. With a Word to the present Authority, and his Excellency Gen. MONCK.

HOw doth the Press labour (in this Scribling age) un_der the burthen which is put upon it, by every wilde and brain-sick fancy of our Republican Candidates; each of them, according to the length of that Worm which is crawling in his head, flinging in his Paper myte, though of never so base and counterfeit stuff, towards the erection of that, which is supposed in his opinion, but to look like matter of Defence, for this Utopian thing, of a Common-wealth, so much noysed and talked on amongst us, Though to sober and judicious persons, It cannot but be known, that the least blast proceeding from unbyassed, solid, and impartial truth, and prudence, scatters (as to us of this Nation) all those empty Nothings which seem to make such a fine and Gawdy shew, into meer ayr and bubble: For, let the pyth and substance of all, even the best of that matter (for some there is so frothy and full of filth that the very reading of it nauseates) that hath been said or writ on this sub_ject be pickt out, and but narrowly survey'd and considered, and what doth it all amount to, more, than what (as it relates to us) the apply_ing of one short Distinction, takes off the edge of all in it, which looks like any thing of Logick or Sense. It may surely be acknowledged, That, It is possible, a People may live happily enough, under any of the three chief forms mentioned in Story, viz. Monarchy, Aristocracy, or Democracy, so they have good Laws, and good Magistrates. The form in that case, doth not perhaps much add, or diminish; But to prefer any of the two last, before the first, is to deny that faith and experience which all good History hath taught us; And, as the case stands in this Nation, where Monarchy is more ancient than History it self, and so venerable and acceptable to the spirit and genius of the whole body of the People, of all sorts, our Laws (the absolutely best in the Christian world) being graffed into that stock, and having their birth and bree_ding under that happy Government, To attempt, or any way affect, the Desired alteration, were nought else but to Renounce and bid De_fiance to our reason and understanding. Were we a people newly Dropt from the Clouds, and now to begin the setling of a frame of Government for our selves, The best Directions, we could gather from all that hath hitherto been said, or indeed possibly can be excogitated, by the wit and invention of man, to recommend us to that, which some persons for their vile and ugly interest and ends so much hanker after, hath their whole fabrick built upon such suppositions as no rational or prudent man can possibly suppose all arguments for it; Taking for granted, That, which never was, is, or indeed can be found, amongst men clothed with corrupt Mortality: But when we are already under such a consti_tution as is premised, and which is the chief matter of the subsequent Discourse, To ravel all our Laws, Dig up such ancient Foundations, and unsettle that firm Bottom, which hath for so many ages rendred us an opulent, famous and flourishing people: It would be such a peece of folly and madness, That any Potent neighbour Prince, may surely have just cause to think that by the Law of Nations he may invade and possess our properties, upon the Title, score, and accompt of Idiotism, Lunacy, or Phrensie.

It is possible, That some (otherwise very eminent and worthy per_sons) may by the subtilties and insinuations of others, be so far mislead, as to think very gloriously of that which is so much talked on, and so little understood, A Free State, or Common-wealth; and that the true and real essentials thereof cannot be had, and enjoyed, but in, and un_der such a popular frame and constitution as they fancy. These subtle men know well enough, that there is no easier way to cheat us out of our best condition than by the hopes of enjoying it in a better manner, and under a fuller freedome: And some of them know also, as well as the best sort of their bribed Pen-men, That there is a great and vast diffe_rence between the form of a thing, and the essence of it; The con_founding and not distinguishing whereof, in our considerations upon that subject: But being so presented, as if the one were not to be had without the other, is that, which gives them such advantage to insinu_ate their corrupt and crafty beguilings to such upon whose capacities and understandings they have hope to impose and prevail: And although their owne sinister and vitious ends therein, is so manifest and notorious, every body knowing well their inclination, temper, and disposition, and what it is, they hereby aim at, viz. Not to be in the least hazard or fear of punishment, or restitution, for whatsoever acted or rapin'd by them, during the late shakings and convulsions of the Times; for though they are or may be undoubtedly assured, of an absolute and cer_tain indempnity, and a full and free injoying of what they are so fear_ful to be deprived of, yet (oh the fright and terrour of a guilty Soul!) That will not serve the turn, They cannot rest in quiet, nor injoy any calm thoughts, unless they tare up all by the roots, and utterly de_molish all footsteps of that Government and those Laws, which may in any sort continue the least of fear, hazard, or danger upon them: And whatever other fair and specious pretences are made, of a Free State, and Common-wealth, and other glorious and glossy things, to delude and captivate vulgar apprehensions; Yet their own consciences cannot but tell them, That from this currupt stem and root alone, springs all these fine, Gawdy and Republican leaves and blossomes; For this is openly manifest, That whilst some Grandees of this sort sat at the stern, al_though their discords in all other things were almost infinite, yet they still agreed in this, to destroy our fundamentals in order to complete their designs, and secure there own empty and pannick fears and je_lousies; which ingaged all sober and judicious persons, to detest their way and courses, and more firmly unite themselves, to the true loyal interest, as abhorring those violent confusions, and destracting altera_tions, amongst us, which they saw this Free state or Republick must of necessity introduce: Now, that this their fallacies, of thus con_tunding the formalities, and essentials, of a Common-wealth together; And insinuating the non-possibility, as it were, of the one to be with_out the other, may the more clearly and fully appear: Let us reflect a while upon the Government here amongst us, as it stood twenty years ago; which though truly Monarchical, yet did it by a frequent Refining of it self upon several occasions (rejecting the evil, and retaining the good of all the known best Governments in the world) raise it self to such a mirrour of perfection, That it became the envy of Monarchies, and shame of all Common-wealths, who therein might behold themselves so ecclipsed and silenced in all the pretentions to Liberty and Freedom; That it might be truly asserted of us, That with the most Choyce and signal ornaments of the Noblest Kingdomes, we injoyed all the Im_munities and Priviledges, of A Free State, and Common wealth. And although All nations have their several and peculiar Rights and Free_doms, yet none so truely free as the people of England, can they be but so happy, as to keep their fundamental Laws inviolate and unshaken.

The Excellency of these our Rights and Freedoms, consist princi_pally in these Particulars following,

1. That we cannot be disseized or charged in our Freeholds, Fran_chises, or Goods, but by Law, or our own consent; and that in a Free and lawful Parliament, and for the publick good onely. 2. There is such care taken of the Liberty and Freedom of our Per_sons, That none ought to be straitned or imprisoned but by a lawful Trial of his Peers, or the known Laws of the Land, executed by a law_ful Magistrate. The cause of the imprisonment is to be expressed in the warrant, and prosecution within a fit time to be made, or the party to be delivered by a Habeas Corpus, which the Judge cannot deny; and if an undue or illegal commitment be made, it is actionable at Law, a_gainst the Officers who are instrumental therein. 3. That no Law hath force to bind, but such as by our own allowance, hath been or shall be established, by the soveraign of the Nation, or else hath been received ab antiquo by the constant usage of the People. 4. No Judgment concludes us but such as is passed before Magistrates, of our own nation, who ought to be ordinarily called, duly authorized, and legally sworn to do us justice according to the known Laws of the Land. 5. All our proceedings and Trials at Law ought to be publick, to our greatest ease, viz. in the open view of the County, Hundred, Society, or Corporation, where the cause of action is supposed to be given. 6. Every particular person in matter of Crime or interest is Triable onely per pares, his equals, fellows, or Neigbours, who make the said Trial upon their corporal oath, from which form of Trial, (in point of right) the Soveraign himself cannot plead exemption. 7. That Justice according to Law, and that form of Trial, cannot be sold, delayed, or denyed to any person whatsoever.

These are the chief heads of the Rights, Freedoms, and Liberties of the People of this Nation firmly setled and established, under Monarchy, which together with other particulars, collectable out of that above thirty times confirmed Magna charta, and the Petition of Right, and what were granted by the late King, in his last and never to be forgot_ten Parliament, sure such a stock of Immunity and Freedom for a people, that all the Free-states, and Common-wealths, that are, or ever were, extant, in any place throughout the whole universe, may be justly chal_lenged to shew if they can, the like Liberty and Freedom for their Ci_tizens and Subjects: We may truly say, that the Peoples Liberty walks with equal pace at least, and stands upon as firm if not firmer ground, than the Soveraigns Prerogative, nor are they esteemed less tender and sacred; For upon the least infringement, or violation of what belongs to the people, in point of Liberty and Immunity, far more loud alarms have been alwayes given to the whole Nation, Then have been taken by Sovereignty, when the very bowels of Prerogative have been deeply gashed, and in a manner quite torn out.

Some experience, we have of late years had, of a Common-wealth (as it was called) here amongst us, viz. from 1648, to 1653, and strange unknown Guardians it had set over it, and as strange and un_heard of acts of violence, and arbitrary exorbitancy; It was most free_quently guilty of, such as have cause enough to be by all remembred, and surely cannot easily be forgotten; And so, though in a very faint and stag_gering condition, it continued acting its illegal cruelties, upon all oc_casions, and that with all severity, until that fate befell it; which hap_pens to most of that sort, and kind, though of far better frame and constitution than can possibly be ever expected amongst us, which is, that unless it can Truckle under some potent Neighbour Prince, shall be sure to be invaded by Usurpation, debauched by Oligarchy, or confounded by Anarchy: And this, how often since, it hath in this short time been our own case, it may with sadness enough be remembred by us; For how is it probable, or indeed possibly to be expected, that any Government e_rected and established by inequality and force (as ours must needs be, if we desert our old foundation) can ever subsist and fasten, without an exorbitant and all-devouring power, and force to uphold and maintain it; And on whose shoulders the burthen of that must needs lye, (the grand and standing Treasury and Revenue being exhausted, and squan_dred into private hands, and all publick Monies (or rather indeed Ra_pines) passing through the pitchy claws of such State harpies as we have already had experience of, and such or their like as cannot but be ex_pected hereafter) it is easy enough to be conjectured; In which, and manifold other respects, It is impossible to be imagined otherwise in reason, but that the little fingers of our upstart Lords and States-men, of such an empty new-rising State (be the Rota, or whymsical wheel terning or standing still) cannot possibly but prove more heavy and weighty to a tame and tired people, then the whole loyns of a Free born Heir, and of an ancient Monarchy setled as this is, whose Repu_tation, Title, and Self-sufficiency, will be supersedeas enough to the peo_ples discharge, of whatsoever may but look like oppression to them: And should we after all our expence, Toile, Torments of faction, and such emptying of our selves, fix and settle at length, into such a degree of possible permanency, as that we may but seem to stand a high-lone, though with the prop of an army (For that in no case must be left out) what Alarms and excitements should we presently give to all our neigh_bours, by our new upstart and strange shape? What State solœscisme should we be guilty of, and very probable provocations to all our best Allies? And their being several Dormant accompts, in the memorials of Princes abroad, who watch but for their opportunity and advantage, can it in reason or prudence be otherwise imagined, but that in the conclusion, we must be forced to admit of theirs, or at best our own Soveraigns con_quest upon us: Besides, how will our State craftsmen fodder up the busi_ness, about those two ancient Monarchies of Scotland and Ireland: And whether they will be long contented (if at all) to Truckle under such a half, (or rather no) headed Bedsted as ours is like to be, and that without either Curtaines or Valence to it, when they may have a rich and royal Canopy, and Cloth of State of their own, That would sure_ly do well to be enquired into, and to have us assured of.

By what is premised, we may somewhat guesse at the cheat which would be put upon us, by those partially Byassed, and self-interessed men, who make this noyse and stir by themselves and their hyred Advocates, of all sorts, subtle, and silly, about this businesse of a Common-wealth which will be more illustrated upon farther contemplation of that hap_pinesse which we and our Ancestors have so long enjoyed, under that Celestial form of Government (Monarchy) our Lives, Liberties and Estates being under it, so well and amply secured by our Lawes, that what people was there under Heaven, that might with truth and since_rity, boast of a more flourishing and happy condition than we were in, till Ambition and Faction entred amongst us, and rent and tore in pieces, all the Gards and Seams, which linkt and bound us together, and which adorned and filled us with such beauty, health, vigor and pro_sperity, that we were become the envy and wonder of the whole Chri_stian world. And that which hath been by those rotten, and self-interessed men, so often imputed to Monarchy, and Kingship, (Tyranny) so fast and strongly tyed and chained up by our Lawes, from doing hurt or prejudice to us, in our best and deerest concerns, that we were be_come, even dainty, nice and wanton in our felicities; such a Cornu Copia, or Catholicon, of welfare, and happinesse, our Prince and Soveraignes gentle power was to us, that whilst it enjoyed its just Rights, we re_ceived thence all the benefits of plenty, ease, and quiet, that possibly could be imagined. It was our curb to Tumults, our Moderator to Fa_ctions, our Sanctuary for Remedies of all sorts, our assured preventer of Mischiefs, it topp'd Usurpation, administred Justice, afforded Equity, and indulged Clemency and Mercy: It was the very joy of our Hearts, and the breath of our Nostrils, and what is it but a kinde of black, hi_deous, and mischeivous Envy (had I said Blasphemy, there is good war_rant for it in Holy Writ) to despise, reject, and kick against it, and so against Heaven it selfe. Monarchy being the sole and onely Govern_ment ordained by God, and Kings and Kingdomes, his alone institution and planting, as is cleer by the whole current of Sacred Scripture, from Adam even till the Primitive Church after Christ; and Republiques, States, and such like, a meer depraved Institution of Man, for corrupt and sini_ster ends; and as it was, and is established here amongst us, so bounded by Law, and exempt from Tyranny, that it could not so much as oppresse a poor harmless Orphan. No Sheriffe, Constable, or Bailiffe, but was more terrible, powerfull, and petulant, in their severall and distinct wayes and powers, than the Soveraigne himself, and less subject to the curb, rule, and guidance of Law, in most of their actions and admini_strations: He neither made Lawes in his personall capacity, neither did he execute or interpret them. No Judge stood in awe of his single command, to justifie the least trespass. Nothing was more true than that great and general Maxime, That the King could do no wrong; for in the case of any wrong done, the presumption of Law was, That he did it not, but his Officers or Agents were accomptable, and responsal to the Law for it; his Power was so limited by his Justice, that his dis_pleasure could streighten no mans liberty, but the Law would relieve him by a Habeas Corpus, which the Judge durst not deny. And yet this Innocuous, meek and gentle Authority, for the vile, base, and corrupt ends, of some bloody, covetous, and ambitious persons, must be branded with the odious name of Tyranny, and all the filth that can be cast up from their Rankerous Lungs must be flung upon it.

'Tis true, a Negative voice the Soveraigne had in the passing of Laws, but what (upon due consideration) did it signifie, but a meer weapon of defence, to shield the Government from being prostituted to altera_tion, at the will and pleasure of inferiority. And doth not late times tell us, there was a just necessity for it? and was there not such an e_quivalent awe and power in the People for this Negative voice, that as they could pass no Law without him, so could not he without them? besides, was not the publick purse in their hands, and dispose, to engage him to pass what they had a minde to? Were not all the Officers, and Ministers of State, and others, appointed by him, accomptable to Par_liaments, and to the Laws? or was it in his power to save any of them, or yeild him the least skreen, shelter or protection, in case they stood obnoxious. The Militia and Nations Sword he wore indeed, for decency sake only, but could not draw it for the oppression of the People, but by their own consents, he having no mercenary Redcoats at his com_mand; but the Armes of the Nation were in the hands of men of Estate and interest, the Officers being Gentlemen commonly of the better sort and quality, and the Soldier a Yeomen or Farmer at least. All of them such, as cannot in reason be conceived to joyne against Law, with the Lust and Ambition (could such a thing possibly be) of any single per_son of what quality soever, to abridge and destroy any just Freedome, they enjoyed as their Birth-right.

This was the state and condition of the Militia, and Armes and Force of the Nation, in those happy dayes of exercised Monarchy amongst us, which right or wrong, be the truth what it will, and never so manifest and notoriously known to be so, yet must, and shall by some, be still called Tyrannical; whereas ever since these blessed Halcion times, how have we found the case to be altered in that, and all other particulars, since this Rumble of a Free State, and Common-wealth hath brolled in our heads, especially when Fanatick Saintship and profession came in to bear sway amongst us? And the Good old Cause-mongers brought in their Canting Tones, and Phrases, which, like Gipsies, they used to know one anothers mindes by, whilst they munged the peoples Noses, and publiquely pickt their pockets. What strange and unheard of violen_ces, and outrages have our eyes beheld committed by those, who under such bare our Armes, and were paid for it by us, and in stead of protecti_on and defence to us, as in the dayes of our Monarchy duly exercised? what awe, dread and terror, did such keep the whole Nation under, from the highest to the lowest, of all sorts and qualities?

But why is that mentioned, which is in a manner the least of perver_sions, and a kind of a Peccadillo, to those many other grand and piacular Crimes and Offences, Rapines, Murthers, hideous and unparallel'd oppressions of all sorts and kinds, which have been our lot and por_tion ever since we were made so unhappy, as to be deprived of our old Government, and Royal Race of Governours, and became slaves and bondmen to a generation of such State Empericks, pretending cure and healing to those wounds, which themselves (for cursed ambitious ends) had made; As that certainly none then we, have more rightly imitated the Dog in the fable, That have lost the substance of an opulent flou_rishing and happy Free State and Common-wealth, which really and in_deed we injoyed in all its essentials, and perfections, and caught, and embraced onely, an empty shadow, and sound of one in our ears (which (whatever may be pretended) is all we are ever like to enjoy, under any Government but our old one) when our Estates, Liberties, Bodies, Lives; nay, our very Souls have been, Torn, Harrassed, Oppressed, Bu_chered, and Tortured, under the several vicissitudes, of all the most Tyrannical insolent and boundless powers of unlimited arbitrary usur_pation, that ever shewed themselves in any age or place, amongst the Sons of Christian men: And which are yet by these men (who and what sort and principles they are of, is manifest enough) laboured and endevoured to be continued amongst us, under the same spetious Title, Name, and Shew of a Free State and Common-wealth, whose shadow must still upon all occasions be freshly assumed, though the substance, Themselves know we have already in the best manner and most absolute perfection, anciently and firmly setled and established amongst us, by our Laws: But should they as formerly be in any sort returning upon us, in what shape soever (for let the outside be what it will, it is very well known what lies within, and what fruits and effects must needs be thence produced) It is hoped almighty God will so unite and animate the Nation with such a noble publick spirit, That our ancient and known fundamental Laws, and in them, the peace, quiet welfare, and happiness of our Countrey, may (next our duty to him) find the chiefest place in our hearts and minds, and arm us with a constant re_solution and undaunted zeal and courage, to use all just and lawful means, that this Divine Providence shall hold forth and season to our hands, for theirs and in them our self preservation, that we may shew, we have derived from our progenitors a true English Gallantry, defying all Hazards and Dangers in discharge of our Duties to God, our Laws, and our Countrey: Nor can any man be justly esteemed worthy, the in_heritance of his fathers Honours, Immunities, and Freedoms, who dares not convey them through all Difficulties and Dangers, to succeeding generations.

And that this resolution may be firmly fixed upon the spirits of those now in place and power. It is also hoped, that it will not by them be deemed nought and unseasonable to hint to them this Memorandum, or Quere, whether from the first beginning of that great contest, which hapned between the late King and his Opposers; There was not any thing more chiefly and principally all along insisted upon, by both parties, than the upholding and maintaining the ancient known and fundamental laws of the Land? Was not the pretended violation and infringement of them, urged against those two great Zanzummines of Church and State, the Arch-bishop of Canterbury, and the Earl of Strafford; And urges so far, as that their lives were layed down and sacrificed, for those laws, maintenance, and preservation; and hath not the swerving and devia_ting from those Laws, let in all those floods and torrents of Rapine, Misery, and Calamity, with which such an inundation have so long overspread the face of this our Isle, and its dominions, and every where fill'd the same with horror and confusion; And is not this so cleer_ly manifest, and notoriously known, that the light it self that dayly shines amongst us, may by mortal power be sooner totally extinguished, than that undoubted truth; Nay, hath not this truth been often hinted and remembred by themselves, as may be seen in their printed publish_ments by way of vindication of themselves, concerning their seclusion from the place and authority they are now in, with a cry and clamour to those then in power, to heal the sores and wasting divisions of the Nation, by a Reinduction of the known ancient and fundamental Laws thereof; and are not these things, and much more to this purpose, which may be truly asserted, but of yesterday, as it were, and very fresh and recent in the minds and memories of all men? how then may or can it any way be answered to God, our Saviour, and the world, by those now in authority, if after all this, and so sad and lamentable an experience made, and the care of all our doleful maladies, so cleerly apparent, to be ob_tained by no other, or better remedy, than by a continuance of the firm establishing of those Laws; And that remedy be plain and easie to be layed hold on, should they at such a time as this, be terrified, or upon any pretence whatsoever, be so far seduced, as to delay and neg_lect the same, or to put any bars or shackles upon the freedome, liberties, and birthrights of the people, so, or in that manner, as the same may be any way hindered or impeded; Nay, themselves also being cryed out too, and clamoured on, for this, by the general and universal vote, and earnest desire, of the whole body of the Nations, of all sorts, conditions, and qualities; And whatsoever the Interest be which seems to oppose it, as it is sinister, corrupt, and vitious, in its first being and origination, so is it odious and sacrilegious to God, and vile and contemptible, even in the eyes of the world, which it so much looks upon and respects; and however some of that Interest (for there are two sorts of them, one far more moderate, peaceful, and modest, than the other) would have the same thought to be of that bulk and magnitude, as thence to raise a con_sideration, in its favour, that may keep the wound still open, and the general peace either altogether unsetled, or done Republicanly, and so slightly infirmly, and not lastingly, so as that there may be still hopes left for them, of new booty and prey to be further obtained, and added to their former heap of spoils and devourings; Yet upon due search made, It will undoubtedly be found, that such of that Interest, who are thus minded, and so far intoxicated with its poyson, as to desire a new foun_dation, for our Laws to settle on, and so labour and endevour the aboli_shing of the old, and introducing a novel frame, and constitution a_mongst us, are so thin and tenuous, and so contemptibly inconsiderable a number, and most or all of them likewise, having such deep stains upon them (to say no more) that it cannot but be thought the most deplora_ble of all miseries, and calamities, that can befal a people and nation, nay three nations, and the numerous people thereof, And a strange kind of infatuation of that Authority over them, that any such care and provi_sion should be had and taken, for such a sort, and such an Interest, That the consideration thereof, should any way obstruct and hinder, that firm and lasting settlement, which concerns so many millions of persons, of all sorts, sexes, qualities, and conditions, and which is so woven into, and concentered in our Laws, and the very vital part of them, and of all our liberties, freedoms, and happinesse, which began likewise with the first natives of this Island the Brittains, and continued amongst us, for so many centuries of years, and recieved its approbation, by so many Ages and Generations of our Fore-fathers, and Ancestors, and rendred us a famous and flourishing People and Nation throughout the whole Christian World.

Nor need either of these sort of men be at all doubtful neither (whatever vain and empty jealousies and fears they have to the contrary) But upon such a just and righteous settlement, of a firm and lasting peace, the wisdom of the Nation may, and no doubt but will, find out a way and means, That not a man of them shall be a penny damnified in their purchases and acquisitions of any sort or kind whatsoever: And yet both Crown and Church have a fitting and full patrimony too; which (when it comes to that) may with as much ease be demolished to any capable understanding, as this expression thereof is here set down to be read and perused: And if this be so, as to them, which clearly and with_out all controversie may (and that without much diffculty) be done, and no mans property intrencht upon, nor the publick body of the nation at all prejudiced or damnified; And the Church controversies by a national and legal Synod convened in due form, appeased, quieted and setled, so as no truly tender Christian conscience, may at all be imposed upon: But have that due evangelical liberty, which may in any kind, by the most sacred holy Writ be allowed, (And further, it is supposed no sober Christian will desire) what should hinder if the work were once strenuously, faithfully, and impartially set upon; But that yet we might hope for so much mercy from Heaven, as that after all these tempestuous stormy violences, rending wasting and consuming divisions, doleful and deplorable miseries and calamities, which have so long, and so fiercely raved, and raged amongst us. The Almighties hand may close up all our breaches, and we enjoy the blessed and happy bene_fit, of a well established firm and lasting peace; It is likewise hoped, that there is nothing premised in this paper, which may in any kind give offence to any now in place and power, either as to matters civil, or to that worthy and noble military General, by whose power & prudence much of our miseries have bin already released, and in whom it is by most believed there is such a generous and publick Ayre, and Spirit for the good and welfare of the Church and Nation; that however the mindes of some pious, sober, and judicious persons, are much flatted and dejected by se_verall particulars, which have passed and become publick; yet he being extricated and quitted, from the poysonous intoxications, of some very viperous Spirits, and the subtle and crafty insinuations of others, who, though not altogether so bad, yet much corrupted and misled by selfeish Interest and Faction: He will, upon due deliberation, seriously set his heart and thoughts upon the furtherance and advanceing that, and that onely, which may best conduce to the firme and lasting settlement of the peace, and quiet of a torn, tattered, and tyred people, whom he found plunged, and weltring in their own wretched and deplorable mi_series and calamities. And as he hath had the honour to serve faithfully, the conjunct interest of his Soveraigne, and the Nation in his former imployments, so he will not be now induced to sever them upon any cause, specious shew, or pretence whatsoever: For be it what it will be, that is insisted upon, to move him to affect such a partition and se_paration (come it cloathed in what shape or colour soever it will or can come) he may rest assuredly certain, that it comes not without its speciall designe upon himselfe, which, (if not avoided) in the end will be his undoubted utter ruine and destruction; let him bring it, Ad lydium lapidem, to the true Touch-stone, either of Religion, Law, Justice, Equity or Policy, and try it by either of these, or all these together, and see, how empty, light, vaine, false, and counterfeit it will prove, in all its shews and pretences. It is known well enough, that there are some persons (and perhaps from too many of them he hath no few corrupt whi_spers) who are so fixed and rivited to a desire of accomplishing their own covetous and ambitious ends, though by meanes never so vile and ruinous to others: And are by selfe-guilt, so filled with rankour, envy and ma_lice, against that person, which by all Laws of God, Nature, and the Land, should be sacred to them; That it is verily believed, that if an Angel or Seraphin from Heaven should appear, to perswade them to their duty in that particular, they like their seat and footing so well upon earth, and are so taken with the rule and domination, which they fansie they shall enjoy, in the Utopian Free State or Common-wealth, which they have floating in their own empty brains, and have so set up their heart, hopes, and faith upon it, that even such a message from Heaven it selfe, should not prevaile upon them. These men, let him please to avoid and shun (as to their whispers and Councels) as he would some noysome and hideous poyson, and hearken to the sober deliberations of the solid, judicious, and truly (not hypocritically) pious and moderate. And indeed (next to Almighty God, and his Sacred Word) consult but his own Soul and Conscience, which he hath professed, stands cleer, and impartial to all Interests and Factions, in this great businesse of the Na_tion; And let not the Publick Genius and Inclination, nay, the hearty and earnest declared desire and longing for, of the Nobility, Gentry, and Commonalty of all sorts, and from all parts and places thereof, be despicable to him, or slighted by him; but as he professeth his endeavours, for the publick settlement, so let him (declining all private junctoes) be directed therein, by publick advertisement. It is the whole People and Nations that must be obliged, let the whole People and Nations therefore freely be heard: should they desire in point of Government, (were it now in their choice) that which were not fit for them, if they be not hearkened to, they cannot be engaged: For as no man hath wrong with his consent, so certainly none in such case can be obliged against it. The generall and publick desires of the whole Nation in this particular, is known very well, nor is it doubted, but he will make good what he hath professed, and serve their publick true interest, and not the private cor_rupt interest and ends of some few. Many Millions there be on the one side, and some petty inconsiderable number, not worth naming on the other. Generall Peace, and a firm and lasting settlement, and happinesse on the one side; Warre, and distracting confusions, and in the end, general ruine and destruction on the other. Many other particulars may be hinted to him, but as he is noble and prudent, so it is verily expected, and earnestly hoped, we shall finde answerable effects thereof every way from him, and such as shall crown him with Riches and honour in this life, and eternall joy and happinesse in that which is to come.

&horbar FINIS. &horbar |CPO |Y1674 THE CASE OF THE BANKERS And their CREDITORS. Stated and Examined; By the Rules of Lawes, Policy, and common Rea_son, as it was inclosed in a Letter to a Friend. &horbar By a true Lover of his King and Country, and a Sufferer for Loyalty. &horbar Ad Reges potestas omnium pertinet, ad singulos proprietas, Seneca de Be_nificijs, Lib. 7. Cap. 4. & 5. Rex ad tutelam Legis, Corporum, & Bonorum erectus est. Lord Chan_cellour Fortescue, cap. 13. 7. Rep. Calvin's Case, 5. a Concilia callida & audacia, prima fronte l�ta, tractatu dura, eventu tristia. Erasmus in Epistolis. That State is in ill condition, where the justly accused shall take Revenge of the just Accuser, and where he that would save his Prince must ruine him_self. Sir Walter Rawleigh's Prerogative of Parliament. Printed in the Year, 1674.

Dear Sir,

IN Obedience to your Command, I have committed to Pap_er some Notions I had conceived of the Bankers busi_ness, and the calamitous dependants thereon. I remem_ber you thought me (though concern'd enough) pretty warm in this Argument last time I discourst it with you; and truly if hard usages will make a wise man mad, the Effect it hath upon a Fool (as I am) may well want a name. I have I praise God weather'd out all those dreadful storms which fell some years since upon the Loyal party (as you know) though with the Ship_wrack of my person and Estate, and this (if I may speak it without Osten_tation) I did with constancy and joy, for though I could see then nothing but Tempests and Hurricanes without me, yet my mind was alwayes refresht with sereneties and calmness, triumphing that I was thought worthy at any rate, to suffer for so glorious a cause. After his Majesties Happy Restau_ration, though neglected and despised, as many of far greater merit than my self likewise were, we did all however possess our souls with patience (though wise men tell us that it was never accounted the best policy to dismiss well deservers in point of Recopence with the satisfaction only of their Con_sciences, and the rewards of the next would). And now when we and our miserable Families had thought to have protracted (at least) a contempti_ble life with those poor remainders, and broken pieces of our Fortunes, be_hold in one moment those also are ravisht from some of us by our friends. By what name shall I express this treatment? Shall I call it a violation of the Widdowes Mite? or a breaking in on the Alms basket? no these reach it not, all nature cannot furnish me with a similitude. Plin. in Par_ger. ad Traja_num imperat. Lipsy: polit. Lib 4 Cap. II. Laleighs Pre_log. of Parlia_ment in fine

Sir mistake me not, I would not be thought here to lay so great a calami_ty at the door of my dread Soveraign (a Prince in his own free nature, and unforc't inclination not to be paralleld for all Royal Graces) no Sir, the Law teaches me to conceive more Honourably of the King's Justice (by which his Throne is Establisht) and tells me that whatsoever wrong is done to the Subject, is effected by misinformations of his Majesty, and pernicious Coun_sells. Pro. 16. 12

Nihil aliud potest Rex in terris (saith Bracton) cum sit Dei minister & vicarius nisi id solum quod de jure potest. Bractonlib. cap. 9. The King can do nothing seeing he is God's Vicegerent, but that which he may lawfully do. Rex hoc so_lum non potest facere, quod non potest injuste agere (say the Judges in another Case) This one thing only the King cannot do, that he cannot do injustice (which yet is so far from impotency or imperfection, that it is a Character also of the Divinity). Cook d. II. Rep. 72. a Magdalen col case. And therefore Markham Chief Justice of England told King Edward the 4th. that he could not Arrest any man for a misdemeanour (as a Subject mought) because if the King did wrong, the party could not have his Action against him; we receive Life and Vigour from the influences of Heaven, but Distempers proceed from the Vapours of the Earth, which vapours yet can convey no infection into those C�lestial bodies: Even so sometimes the countenance of Princes may concur in the Execution of illegal advices, without sharing in the Obliquity and injustice of them. Hen. 7. 4 b per Hussey ch. Justice d'Angliter.

The Poets have a witty Fable of Tiresias, the great Southsayer, that he foretold future events by the flying of birds, not that he did see the birds (for he was blind) but (say they) he had alwaies his Daughter Manto near at hand, who inform'd him of the manner of their flights, and according to her advertisements, the Father evermore divined: The Mythology or Moral of this Fable is oftentimes applicable to the best and most virtuous Princes, they hear with other mens Ears, they see sometimes thorough the spectacles of other mens eyes, and according to the colour of the glass, so is the object re_presented to them; black or red, or perhaps white, whereas the true tincture of the thing may be clearly otherwise; and yet all this while the fault is not in the eye, but in the deceptive glass. If a false Light-house be erected near a dangerous Rock in the Sea, and in a dark and tempestuous night the Ship is steered that way, as to a safe Port, and thereupon suffereth wrack, no body can with any reason impute this misfortune to the error or incogitan_cy of the Pilot, or governour of the Vessel, but rather to the malice and fal_sity of this wicked invention. Upon this ground it is that Seneca (a wise man, Tutor to an Emperor, and one that well understood what he wrote) breaks forth into that passionate interrogation, Quid omnia possidentibus deest? ille qui verum dicat. What thing only do they want which possess all things? Even (answers he) a person that will give them honest Advertise_ments. Seneca de Be_neficio lib 3. cap. 30. And therefore the Lord Chancellour Bacon (among many other his excellent Counsels to the late Duke of Buckingham) urgeth this follow_ing document to him with a warmer zeal then ordinary. In respect of the King your Master (saith he) you must be very wary that you give him true information, and if the matter concern him in his government, that you do not flatter him; if you do, you are as great a Traytor to him, in the Court of Heaven, as he that drawes his Sword against him. Cabala of Let_ters fol. 41.

This grievance of ours hath been represented to his Majesty under the pretence and umbrages of Royal Prerogative (which in truth he is ob_liged to maintain) and of publique Emolument and advantage (which cer_tainly are the most glorious Objects of Royal prudence). With these and the like Blandishments Sir this Chrystal Fountain of Justice hath been poyson'd and contaminated. This is the Coloquintida with which so inspeakable a sweetness hath been imbittered, these are the Paintings with which so de_formed an Advice hath been sophisticated. But let me tell you Sir, if in the sequel of this discourse I shall not clearly wipe off all these Varnishes and false colours, and effectively prove this advice to be as mischievous to his Sacred Majesty as his people, I shall think I have very meanly acquitted my self in this business.

I hope I shall not be thought to reflect herein, upon any person whatsoever, any farther then his own Conscience may scourge him in this particular. And I know there be many great and illustrious Hero's near his Majesty, (to whose service I could willingly sacrifice an hundred lives had I them) that do abominate so pernicious a Councel. 'Tis not for me rashly to touch heads irradiated with the Beams of Royal favour: For my part I meddle not with the person, but with the Advice abstracted, Amo hominem, odi vi_tia, is a good Rule

And I praise God and the King, we live not now in an Age wherein it is more hazardous to discover, an evil action, than to commit it, or wherein the justly accused shall take Revenge of the just Accuser.

Neither would I be understood here to erect my self into an Advocate for the Trade and mistery of Banking, A God's name where the Usuries of those people are by the King found outragious and illegal, let them be regu_lated and reduced to just moderations. All that I contend for is, that the Bankers (whose concernments are now apparently become ours) may by O_pening the Exchequer be enabled to satisfy their just debts to their Credi_tors, that so the good and bad, the nocent and innocent may not thus be over_whelmed together in one and the same common Ruine.

Sir, let us not flatter our selves, posterity will assuredly discourse our Actions, with the same freedome that we do those of our Ancestors. Irriden_da est eorum socordia (saith Tacitus) qui presenti potentia credunt ex_tingui posse sequentis �vi memoriam. The improvidence of those persons (saith he) is ridiculous, who think by present power to extinguish the memo_ry of future Ages. No this cannot be, the voluminous Histories of all Na_tions which we dayly read and handle, prove this project altogether idle and impracticable. Certainly there abides in mankind an immortal principle, a Ray of the Divinity which naturally inclineth us to a desire of Glory, and to have our names guilded to all Ages in the eternal Records of Fame. Annalim lib. 4.

Now Sir because you shall see with what Candor and fairness I will prosecute this Argument, I shall deduce my following Observations from the wisest Historians and Statesmen, from the greatest and most glorious Prin_ces that the world hath at any time afforded, from justiciaries of the most profound Learning, and chastest integrity, nay from bodies of the wisest men of this and other nations in conjunction, from Parliaments and their Determinations remaining with us upon Record, and (because I would take off all imaginable objection to the credit of my Authors) I shall produce only such which have long since departed this life, which for that reason (as a wise King was used to say) were the most faithful Councellors. Bacons Essay of Counsel. Alphonso King of Costife: Lipsii Epistola ad polit. Such as these (as Isocrates tells) cannot be daunted with fear, or blinded with affection, or corrupted with preferments. Ad Nicolem.

These have indeed the character of true Councellors, which is, Ut non modo ne quid falsi dicere audeant, sed etiam ne quid veri non audeant, that they will neither dare to tell a falsity, or conceal a truth. Castellanus de Officio Regis Lib. I. cap. 55.

That would rather (as Seneca tells Nero) Veris offendere quam placere adulando. Offend by telling Truth, then please by destructive adulations and flattery. De clementia Lib. 2. cap. 2. And lastly, such which Demetreus Phalereus advised King Ptolomy to converse with often; because quoth he, ibi qu� amici monere non audeant Reges, ea facile omnia possint reperire. There Kings may dis_cover those matters themselves, which possibly their best friends sometimes dare not advise them to. Stob�us ser_mone 46.

Sir, I fear I have trespast too far upon your patience by way of Letter already, I shall therefore for your farther satisfaction in all these particu_lars refer you to the ensuing discourse, deteining you here no longer then while I subscribe my self,

Dear Sir, Your most Faithful friend and Servant Sma. Ro.

THE Introduction.

THE Kings Debt to the Bankers, with the miserable consequences thereof, hath now (for little less then three years together) exercised the world with matter, not only of discourse, but astonishment. For indeed who will not be startled to see the common Faith of a Nation violated, and a forcible breach made upon all that may be cal'd Religious and binding, and this also in great measure, to the Ruine of Orphans and Widows, and several, even of those who with unwearied constancy resisted unto blood, and loss of whatsoever was dear unto them in defence of the Crown of En_gland. I shall not here lanch out into the story of particular cases, that Theme will be infinite, and of force to endue stones with speech, and (by a contrariety of Miracle) to overwhelme the most eloquent with silence.

I doubt not but I have already Arrested my Reader with frequent a_musements, and he is by this time impatient to know what may be the rea_son of all these words? and wherefore a private passenger in the Ship of the Common-wealth, should in this manner concern himself in the sayling thereof?

I answer, First that every Subject is obliged to vindicate, and propugne the Honour and Innocency of his Soveraign; and to cast the Envies and Malignancy of Pestilent Councels, upon the Donors and contrivers there_of, and perhaps this duty could never be more seasonably exerted then in this present Case. For I should be sorry that this Advisor (as a person of great Honour and worth, said not long since, of one of them openly) should like a Rabbit start out of his Borough, and look about him, and then run in again, and hide himself, and think no body observ'd him. Certainly he is no good Minister or Servant that will throw the odium of his own evil actions upon his Lord and Master.

I answer, Secondly that all men are interressed in the safety of the Ves_sel they are imbarqut in, though all ought not to preside at the Helme: And pernicious Advices (like the falcities of the Turkish Alchoran) oftentimes gain strength by the prohibitions of disputing them. I know I shall be thought to broach a Paradox, if I should affirm that some moderate freedomes of this nature, have been sometimes Characters and marks of the happiest and most peaceable Ages of the world; and yet if this assertion be not in some measure true, we must abandon faith to all History: For (as the Lord Bacon well notes) such Liberties give vent and discharge often_times to popular discontentments, and besides the Prince is hereby instru_cted in what part the Subject is pincht and griev'd, when perhaps he shall attain this information no other way. Essay of Sediti_on and Troubles And therefore Augustus C�sar (one of the happiest and greatest Prince it may be that the Sun ever saw Eutropius lib. 8.) when he was told at any time, that even his own person, and his Edicts were too boldy dis_courst of in Rome, would say, Quod in Civitate libera, linguas quoque civium liberas esse oportere. That in a free City, the Citizens discourse ought also to be free. Boterus de politia. lib. 7. c. 8. And this candid profession of his, might pos_sibly be no mean ingredient in the composition of his own felicities. Thua_nus writing to the great Henry the 4th. of France, unto other Laudatives of that Princes Reign, adds this, as none of the meanest. Ea est Domine rara tuorum temporum f�lieitas (saith he) in quibus unicuiq; sentire qu� velit, & qu� sentiat eloqui licet. Such (Great Sir) is the rare happiness of your times, that in them every man may think what he pleaseth, and speak what he thinketh. Thuani Epistola ante Historiam suam ad Hen. 4. Franci�. And of the same complexion was that serene Age, in which the excellent Emperour Trajan Reign'd, as Cornelius Tacitus (who was then living) affirms, from whom the said Thuanus seems to have borrowed the very individual words before recited. Taciti Hist. lib. 5. in proemio. I write not this in countenance of clamour, and scurrilities against those things which I have alwayes reve_renced and held sacred; but under favour, in our present case, where all nature is big, and in travail to be delivered of speech, I hope her voice shall not be stifled and supprest.

Thirdly, I shall redargue this Objector, with that principle (which the Advisers of this calamity have thought so puissant) I mean exigences, and invincible necessity, a necessity of no ordinary nature neither, but of near allyance to that thing which we proverbially say breaks through stone walls, that in hard winterly weather infuseth boldness even into Brutes, that also where nature languisheth, and the means wherewith she should be supported are unjustly substracted from her. The old Comicke saith well TT'argyrion estin haima kai psychē Brotois pecunia Anima, & sanguis est morta_libus. Money is the life and blood of mankind. To deprive a man wrongfully then of that little money which he possesseth, what is it but to deprive him of his blood, yea of his life? I know the great and opulent men of the world cannot descend so low as to conceive how much it importeth poor men and their Families to be in a moment dispoild of all their subsistence, and to be bereav'd perhaps of a few poor weather-beaten, water-drencht Reliques, which they had rescued out of the wrecks of their Fortunes in the late dreadful storm of Rebellion, but yet they may please to believe, that we are as much paind with the pressures of our Little fortunes, as they are with those of their great ones. I speak this not out of any pride I take in comparing great things with small, but only to dispose my Reader to a favourable construction of my words, if my zeal may seem to transport me beyond the bounds of decency.

Lastly I am not altogether without hope, but that something possibly may happen to be said in this Scribble, that may conduce to the healing up this wound again. For the Physitians have a good Aphorism, Primus gradus sanitatis, est novisse morbum. The first degree of health is to know the na_ture of the disease.

I know some men are apt enough to alledge, that this case is the less con_siderable, because but a few persons are therein concerned. In this place I shall say no more, but that this Assertion is a great mistake. For first, our Money being expended for the defence of the Kingdome, it was laid out up_on the publick utility, and certainly it will be very disproportionable that the common advan_tage should be maintained by a private contribution, and upon this reason a person of great Honour and prudence not long since in an Audience of the whole Kingdome doubted not to affirm, That this concern was little less then national

But because this may seem to many to be but a precarious and begging Argument, and being founded upon a consideration of service and advantage, some time since done, may (in this ungrateful Age) prove but of mean regard. I will therefore Secondly, demonstrate this matter to be of Epidemical concernment in point of continuing and permanent interest: In order to this, I will supose that the King owes a Banker 1000l. this Banker owes me the like summ, I ow as much to a third, he to a fourth, and so in infinitum, and the Banker, my self, and the third person, have little else to satisfie our Creditors than this 1000l. which is owing severally to us. (which case may be well supposed to have hapned since the stop of the Ex_chequer) In this case then I say, it will be most evident, that if the King never payeth the Banker, the Banker can never pay me, or I the third per_son, or he the fourth, so that by a necessary chain of consequences, the 4th. person and his Creditors in infinitum, are as much grieved by the King's non-payment of the Banker, as I my self, who am the Bankers immediate Creditor. For as (I said before) money is the blood of the Body Polli_tique, and we know if the circulation thereof be stopt in one Member, that blood can never be transmitted to the neighbouring Vein, and thereupon not only that part, but the whole body in fine becomes Feavourish and lan_guishant. The like may be said of Rents, Executorships, Legacies, &c. And I doubt not but every man's consideration, and the particular interests of most persons, will furnish them with infinite instances of like nature, in a very little time.

But if this Reason prove not sufficiently pr�valent in this matter, I must be inforc'd to go a step higher, and to say, Thirdly, That if this procee_ding fall out to be an invasion of property (as I think I shall anon prove it is) then I say every individual person will be interressed in the Fate of this Cause. For by the same reason that the Rights of Ten thousand men may be violated, the Rights of Twenty thousand men may, and so in infi_nitum. And I think it is obvious to every man, that the publique and Par_liamentary Cares, and wisdome of this State have been extended in point of redressing Grievances, not only to bodies of men, in number much inferi_our to ours; but oftentimes even to particular persons, where the presures have been enormous. The Principal Creditours of the Bankers have been computed to a number, little inferiour to this. The Creditors by consequence are far more.

This is the Answer I shall give to this Allegation at present, in the sequel of this discourse, very probably I may add more.

These things premis'd, I shall now forthwith address my self to the main business. In the Argument whereof I shall observe these Gradations, or steps.

1. First, I shall shortly put the case (as it now stands) between the King and the Bankers.

2. Secondly, I shall prove that by this Councel of stopping payments in the Exchequer, the Subjects property is invaded at Common Law.

3. Thirdly, that hereby it is invaded contray to the Statute Law.

4. Fourthly, that this Councel is expresly contrary to his Majesties gracious promises and Declarations, Printed and promulgated by His own especial command.

5. Fifthly, I shall at large answer the grand Objection of necessity, and National danger (supposing too our fears to be at that time just) And shall prove by sundry Records and otherwise that the Subjects property is not violable but by his own consent, in cases of far greater National Dan_ger then this was. I shall answer, the Rapines of Ed. 1. and 3d. (and be_cause I would take up this Objection by the Roots) I shall then shew what courses the Law hath provided for preservation of the Kingdome, where the danger is instant and cannot stay for a Parliament.

6. Sixthly I shall prove that this Councel is contrary to the Pollicies hitherto used by the wisest Forreign States of the World, in far greater Exigencies then ours. I shall answer the Objection of some Princes not re_paying Money lent them by their Subjects, to retain them in better Obe_dience.

7. Seventhly, I shall prove this Councel to be contrary to common Reason, and in some respects to violate the Rules of Humanity. That it is pernicious to the credit of his Majesties Exchequer. Then I shall truly state the case between Phillip the 2d. of Spain and the Bankers of Genoa, and shall prove that case essentially different from ours.

And Lastly, shall frame a Conclusion upon the whole matter.

&horbar Sect. 1. The Case put between the King and the Bankers.

I think it is now evident enough to every man that understands any thing, that the concernment of the Bankers is now become the concernment of their Creditors, and that both their interests are common, and so insepe_rably twisted together, that the prosperity of the latter, will depend alto_gether upon the Fate of the former. Insomuch that if the Banker never receive his debt, I do not in probability see how he will be able to satisfie his Creditor: we are therefore by invincible necessity obliged to maintain the right of the Banker, and in order thereunto I will now put his Case, which in short is not more but this.

A Banker lends to the King an hundred thousand pounds, more or less; this money is secured to the said Banker upon the Customes, or any other Branch of the King's Revenues, &c. by Order Registred in the Exchequer, or by Talley of Loane, or both, and then the King (upon the War-like pre_parations of our neighbour Princes and States) is advised to make stop of all payments out of the Exchequer, which is executed accordingly; whe_ther by this Councel executed the Subjects property be invaded? and I clearly conceive it is.

SECT. 2. &horbar That by this Councel of stopping Payments out of the Ex_chequer, the Subjects properti is invaded at Common Law.

IT is an Essential principle of the Law of this Realme, That the Subject hath an undoubted property in his Goods and Possessions. Otherwise there shall remain no more industry, no more Justice, no more valour, for who will labour? who will hazzard his person in the day of Battail for that which is not his own? How can the Subject by any Act of Bounty ingra_tiate himself with his Soveraign? Neither was this Right of propriety in_troduc't there by any Charter or Edict of Princes, but was the old Funda_mental Law, springing from the Original, Frame, and first Architecture of the Kingdome. There were manifest Footsteps of this Law in the Brittish, Roman, Saxon and Danish Governments here, nay it was of that vigour and puissance to survive even the very Norman Conquest; To prove which I shall crave leave to produce this following short memorable Record. One Shirboorn a Saxon at the time of the Conquest, being seized of a Castle and Lands in Norfolke, William the Conquerer gave the same to one War_ren a Norman, of principal Quality; Shirboorn dying, his Heir shewed to the Conquerour that he was his Subject, and that he ought to Inherit the said Castle and Land, by vertue of that Law which he himself had establisht in England. In this Case the Conquerour gave Judgement for Shirboorn a_gainst Warren, and pronounc'd his own former gift void. See for this Cambden in his Description of Norfolk. And Sir John Davis Rep. 41, a. The Case of Tanistry. And there it is said by Judge Calthrop, that he him_self had seen an Authentique Copy of this Judgement. Lambards Ar_chaion. Fortes. de laudibus Le_gum Angli�. cap. 17. Dug_dales Origines Juridiciales. Infinite Autho_rities there quo_ted to prove this, See there Fol. 5. 6.

For indeed the Common Law is not more solicitous of any one thing then to preserve the property of the Subject from the inundation of the Prerogative, And therefore where a custome is to pay Toll for all Cat_tle that shall be driven over a common Bridge, this Custome shall bind the Subject but not the King; but where a Custome is to pay Toll for all Cattle that shall be driven over a mans private Freehold, there the Custome shall prevail against the Prerogative, and what is the Reason? why, be_cause the Law will not allow the King to invade the Subjects Inheritance and Property without consent and compensation, For this see the express book of 46 of Ed, 3. cited in Plowden 236. a. The Lord Barkley's case. Many other cases of this nature are there recited, and in other Books of our Law, which for brevity I forbear to mention.

To come then to the Hinge upon which this point turns. I do lay this down for an indisputeable ground. That the Law of the Court of Exche_quer is the universal Law of this Land, and so is Plowden 320 b. and 321 b. The case of Mines, and Cook's 2d Report 16. b. Lanes case adjudg'd. Now then by the Law of the Exchequer, when the King hath charged himself to the Subject by Talley and liberate (as in our case) to pay a summe of money out of his Customes or any other branch of his Revenue, and his Collector hath received this Revenew; this money though at first it appertains in property to the King, yet as soon as ever the Kings Credi_tor comes to this Collector, and shewes him his Talley and Liberate, and demands payment accordingly, the property of this money (to the pro_portion of the Debt) by meer operation of Law, is transfer'd out of the King into the Collector or Receiver, and in an instant becomes the proper and personal Money of the said Collector, or Receiver; in respect of his charge over to the party. And so it is clearly affirmed by all the Judges of both Benches Plowden 186. a. Lord Darcyes case.

And therefore if the King grant a summ of money to I. S. to be received out of his Customs of London, I say that by the delivery of the Talley Li_berate, and assets in the hands of the Customer, the Customer is become a Debtor to I.S. and he may bring his Action of Debt upon this matter against the Customer. Coke's 4 Institutes, 116. F. N. B 121. F. 21. H. 6. Fitzh. Debt 43. 27. H. 6. 9. Fitzh. Bar. 314. Brook Talley d'Exche_quer. 1. 37. H. 6. 15. Brooke ibid. 3.

Nay in such case if the Receiver dye, the Action will lye against his Ex_ecutor. And therefore where the King had granted a Fee by Patent to the Clercke of the Parliament to be received out of the profits of the Hana_par, and the Clercke of the Hanapar dyed, yet adjudged that debt would well lye against his Executor, because so much of the Kings money was al_tered in property in the hands of the Testator, and yet here was no con_tract, privity in word, suit or Execution of Law between the King and Testator, or Executor, 2. Hen. 7. 8. b. &c. Fitzh. Bar. 124. Plowden 36. b. and 186. a. So if the King assign Talleys upon the Dismes (gran_ted him by Parliament) to his Creditors, and they shew them to the Col_lectors of the Dismes, the King is hereby discharged, and the Collectors are charg'd, and the King cannot pardon the Collectors, or the Clergy which granted the Dismes. 1. Hen. 7. 8. a. Brook Charter de pardon, 37. Nay so careful is the Law of the Subjects property in such case, that if af_ter a like grant of the Disms, the King should dye, yet the Collectors are chargeable to the King's Grantee and not to his Successor. 1. Hen. 7. 8. a. per omnes Justitiaries. Brooke Quinzime 7. Fitzh. Quinzime. 2. Brook Talley d'Exchequer, 5.

Ob. Now if any man shall say to me. Sir you have abundantly prov'd the stopping of the Exchequer, to be an invasion of Property as to the Colle_ctor and Customer, and the like by the Common Law, but nothing at all as to the Banker or his Creditor, which was the position you undertook to maintain.

To this Objection, I give this plain Answer. That the stop of the Ex_chequer to the Collectors, Customers, &c. is by inevitable consequence a stop to the Bankers and their Creditors, (and so likewise their property viola_ted) because by this Obstruction the Collector, &c. is disabled to satisfy the Banker, and the Banker his Creditor, and that Creditor his Creditor, and so in an infinite rotation throughout the Kingdom: just as a wrongful dis_inheritance of the Grandfather, is an injury to the Father, and Son, and so to all their Line in succession to the worlds end. Or (because this is the Hinge of the case as to the Common Law, and I would make it plain) I will suppose twenty Mills to be built upon one River, each of them in sequence one below the other, a person comes and damms up this River, or diverts the current thereof into a new Channel; I do say that by this diversion or Ob_struction of the Stream the 20th Mill is injured as well as the first, because (if there were no Impediment) that water which comes to the first Mill would at the long run arrive to the twentieth.

In so plain a case I need not make any Application, or indeed use any farther Argument as to the Common law-part of this discourse. I shall therefore cite but one other case, and that a far stronger one then ours, and then discharge my self of this Section.

The Case is Mich. 1. Hen. 7. Fol. 3. b. and abridg'd by Fitzherbert Barr. 122. Touts les Justices fueront al White Fryers pur lour Fees, &c. (saith the Book) All the Judges were assembled at White Fryars to con_sult about the payment of their Salleries which were behind. And their Case was this. By a Statute made 18. Hen. 6. it is Enacted that the Custo_mers shall pay the Judges their Salleries, out of the first Moneys arising out of the Customes of London. And then Richard the third grants License to certain Merchants to carry Wools, and to retain the Customs thereof in their own hands (which was as it were a little diminutive stopping of the Exchequer as to the Judges in this Case) And the question was whether the Customers shall be chargeable to the Judges for those reteinments of the Merchants; and after mature debate, Resolved by them all, That the Customers were chargeable even for those reteinments, though they ne_ver came to their hands; and in the end of that case, it is said, that the Judges design'd each of them to bring his Action against the Customers, which they perceiving, they forthwith agreed with the Judges to pay them their Salleries.

Now any man that shall well consider this case will find the Reason thereof to be, because though the King had granted the Priveledge of re_teining the Customes to these Merchants, yet in contemplation of Law, the Customers did still actually receive those Customes, and so were chargea_ble to the Judges (like the case I put before of Hen. 7. 8. a. where the King remitted the Dismes to the Collector, or Clergy) and the rather in this case, because this private License of the Kings shall not prevail over an act of Parliament, which had secured unto them their Salaries out of the Cu_stomes, which leads me to the next position which I have proposed to assert, which is.

SECT. 3. &horbar That by this Councel of stopping Payments in the Exche_quer, the Subjects Property is invaded against Statute_Law.

OUr Books tell us (and not without Reason) That the Parliament Est un Court de tres grand honor & Justice, de que nul doyt imaginer chose dishonourable, is a Court of thrice great Honour, and Justice, of which no man may presume to think a dishonourable thing. Plowden 398 b Earle of Lei_cesters case. And we can_not but suppose (saith the Lord Chancellour Fortescue) that Statute Laws carry with them no mean force as well as Wisdome. Dum non unius aut centum folum consultorum prudentia, sed plusquam trecentorum electorum, &c. When they are the results not of the prudence of one or two or three hundred only of the Select men of the Kingdome, but of a far greater number. Fortescue de laudibus legum Angli� ca. 8. In this Orbe, the King like the Sun shines in the Exaltation of Majesty and grandeur, invironed by the illustrious members of both Hou_ses, and from the conjunction of this great and lesser lights, propitious and refreshing influences are derived to the whole Kingdome. The Acts of this Court are the highest securities this Nation can give, and such se_curityes that do in themselves comprehend the universal consent of all man_kind in this Realme, as well future as present. Hobart 256. Duncombs case. 21 Hen. 7. a per Vavasor.

I shall not here insist upon the Grand Charter, or upon any other Bul_works of propriety of that nature (though possibly pertinent enough to my purpose) but shall rather choose at present to apply my self to a Statute-Law of much fresher date and memory, and design'd for the Relief of this very particular case. And that is the Statue of 190 of his now Majesty, Chap. 12. which I shall recite (so far as it concerns my purpose) verbatim.

Whereas it hath been found by experience upon the late Act for Twelve hundred and fifty thousand pounds, made at Oxford, and other Acts of Parliament since that time, that the power of Assigning of Orders in the Ex_chequer upon those Acts, without Revocation, hath been of great use and advantage to the persons concerned in them, and to the Trade of this King_dome, and given great Credit to his Majesties Exchequer: Be it Ena_cted and it is hereby Enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled,That every person or persons, Native or Forreigner, Bodies Politique or Corporate, to whom any Moneys shall be due in your Majesties Exchequer, and shall have any Order Registred in the Office of the Auditor of the Receipt, for the pay_ment thereof out of any branch of your Majesties Revenue; That such person or persons, Native or Forreigner, Bodies Politique, or Corporate, their Successors, Executors, Administrators or Assigns, respectively, by Endorsement of their Order, may Assign and transfer their Right, Title, Interest and Benefit of such Order, or any part thereof, to any other; which being notified in the Office of the Auditor of the Receipt aforesaid, and an Entry and Memorial thereof also made in the Book of Registry aforesaid for such Orders (which the Officers shall on request accordigly make) shall Entitle such Assignee, his Executors, Administrators and Assigns, or Suc_cessors respectively, to the benefit thereof, and payment thereon. Now it will be plain to any man that shall consider this Statute, that the Parliament doth therein admit an unquestionable duty of the Mony, to the Lenders in the Ex_chequer (for so are the words, Every person to whom any mony shal be due in your Majesties Exchequer &c.) and the makers of this Act, could never mean that nothing should be transferd to the Assignee: For indeed all the Powers of the Universe can never make me Donor of that which never ap_pertained to me, nor I never had in me to give, And therefore this money must first of necessity vest in my self in point of property, before I can transfer it to another person, so then if this Law secure this money to my Assignee, a multo fortiori to my self. Now that this Statute secures this money to my Assignee, I shall prove by three unanswerable reasons (as I suppose) all drawn out of the Bowels of this very Law it self. Nit dat quod non habet.

First, the Inducements of this Statute appear in the preamble thereof to be. Advantage to the persons concern'd. To the Trade of the Kindome, and also great credit to the Exchequer. Therefore the makers of this Law could never design a transferring of the husk or shell only, that is of the Order or Paper, but even of the fruit it self, I mean the money in specie, for that is it which carryes the Advantage, the Trade, and the credit with it and not the Order or writings as many of us find by wofull Experi_ence.

Secondly, there is no man doubts but that the moneys lent upon the Oxford Act of 17. Car. 2. cap. 1. for 1250000l. And upon the Pole-mo_ny, Bill. 18 Car. 2. cap. 1. And upon the Act of 19 Car. 2 cap. 8 for 1256000l. were unquestionably secured to the Assignees of the Lenders by those several Acts; why then I say that all moneys since that time Lent into the Exchequer, & charg'd upon any branch of the King's Revenue, are equal_ly secur'd to them by this Act, and that not only first because this Act in the preamble thereof refers expresly to those other Acts; But Secondly, (then which I think nothing can be plainer) because the moneys secured by this Act to the Assignees are secured with almost all the same numerical, iden_tical words, with which the moneys lent upon the three other Acts are se_cured: And this will be obvious to any person that shall curiously com_pare all these Acts together, to the which for brevity sake I am inforc't to refer my Reader.

Lastly, this Act declares in express terms that the Assignees of such Or_ders for money due in the Exchequer, their Executors Administrators and Assignes in infinitum shall be Entituled To the Benefit of such Orders, and Payment thereon, which words being so plain, that he that runs may read, and wrote as it were with a Beame of the Sun, I think there can be no place left for farther cavil or subterfuge in this matter.

I had almost forgot to observe that this Law (the King being therein concerned) is a general Act of Parliament, of the which not only the Judges, but even every individual Subject of this Kingdome ought to take knowledge of course; for as the inferiour Members (saith the Book) can_not estrange themselves from the actions and passions of the head, no more can any Subject be a stranger to the concernments of his Sovereign. Cooks 4th. Rep. 77. a. Hollands Case. Plowd. Lord Barkley's case, ibid. Wim_bishes case. This I would add to those Answers I gave before to the Objection, that this affair was private, and that few persons were concernd in the present Case of the Bankers and their Creditors, now I proceed.

SECT. 4. &horbar That this Counsel of stopping up the Exchequer, is expresly contary to His Majesties gracious promises, and Decla_rations Printed and publish't by His own especial Com_mand.

MY design all along in this discourse being to discover the pestilence and mischief of this Councel, in relation as well to his Ma_jesty as his people. I cannot with better advantage discharge my self of the Province I have undertaken in this Section, and manifest how unhandsomly his Majesty hath been treated by this Adviser, then by considering a while the sanctimony of promises among Princes.

Nothing then I say is more sacred or tremendous among Princes then their publik Faiths and Declarations. This the Emperour Tiberius un_derstood well when he said C�teris mortalibus in eo stant concilia quod sibi conducere putant, principum vero, &c.. Inferiour persons may order their Councels, as they best sort with their advantages, but the condition of Po_tentates is different, whose actions are principally to be directed to Fame and Glory. Tacit. Ann. lib. 4. And for this reason Q. Elizabeth in her private Letters to K James, was used to admonish him that a Prince must be such a lover of Truth, that more credit may be given to his bare Word, than to anothers Oath. Cambden and Baker vita Elizab. Regina.

And we know that the man after God's own heart, and a King too, writes, He that promiseth to his Neighbour, and disappointeth him not, though it were to his own hindrance. Psal. 15. 5. I do never without Admiration think of that great saying of Charles the 5th. Emperour, when he was prest to break his word with Luther, for his safe return from Wormes. Fides rerum promis_sarum (quoth he) et si toto mundo exulet tamen apud imperatorem eam con_sistere oportet. Though the faith of promises should be banisht out of the world, yet it ought alway to find Sanctuary in an Emperours breast. Xenocarus vita Caroli. 5. And to this virtue even Campanella the Jesuite doth vigorously advise Phil. the 2d. of Spain, for nothing saith he doth more effectually oblige the Sub_ject to the Prince then fidelity of promises. Spanish Mo_narchy c. 27. By this means (continues he) Alexander Farnese Duke of Parma, contain'd the Netherland in Obe_dience to Spain, whereas the Duke of Alva by the contrary course lost them. Cicero I Of_fic. And this will not seem strange to a man that shall consider, that fides (as Tully saith) est justicia fundamentum. Faith is the Foundation upon which Justice is built, Justitia vero nulla esse potest (saith Boterus) nisi conventionum fuerit, & promissorum certa fides, ac necessaria solutio rerum creditarum. But there can be no Justice without performance of promises, and fair satisfaction of Debts. Boterus de poli_tia. Lib. 2 c. 9. And this most of all in the case of Princes, for (as Bodine affirms) Cum summus Princeps mutu� fidei in_ter privatos ac Legum omnium ulior & vindex est, quanto magis datam a se fidem ac promissa servare tenetur. For when a Prince is himself to avenge the violations of Faith and Lawes among his Subjects, how much more then ought he himself to observe his own Faith and Promises De Repu Lib. 5. cap. 8. Fortescue c. 37.: And in this very point he voucheth there a judgement of the Parliament of Paris against Charles the 9th. of France, and a little after adds, Itaque in judi_ciis cum Fides principis agitur, &c. Therefore saith he, when the Faith of a Prince happens to be debated in Judicature, we are rather to consult the benefit of the Subject, and in such case to treat the Prince more se_verely.

And this indeed is no more then what the municipal Lawes of this Kingdome warrant, which say, that the Grants of the King are to be Expoun_ded liberally, and withal imaginable favour to the Subject, for the Honour and Dignity of the King, as also that the King's Teste me ipso is Recordum Suparlativum, a Record of the highest puissance and grandeur. Cooks II. Rep. Magdalen Col_ledge case. I have the more largely here dilated upon this Subject, that I might with a grea_ter clearness disclose the Poyson of this Advice, it being so apparently con_trary to his Majesties most gracious Promises and Declarations Printed and promulgated by his own immediate Order, and particularly that of the 18th. of June 1667 (of the which several Copies then Printed were pre_serv'd by my self and others, as the highest Muniments and Securities for our Monies in the Bankers hands.)

This is stiled His Majesties Declaration to all his loving Subjects to pre_serve inviolably the Securities by him given for moneys, and the due course of payments thereon in the Receipt of the Exchequer. See this Declaration. in the end of this Treatise In this Declaration (about the middle) these very numerical words following are inserted. And that we will not upon any occasion whatsoever, permit or suffer any Alteration, Anticipation, or Interruption to be made of our said Subjects (that is, of the Bankers) Securities, but that they shall from time to time receive the moneys so secured unto them (upon several branches of the Roy_al Revenue, and other late Acts of Parliament saith the preamble) in the same course and method, as they were charged and ought to be satisfied. Im_mediatly after follow these remarkable words, which Resolution we shall likewise hold firm and sacred in all Future Assignments and Securities to be by Us granted upon any Other advance of money by any of our Subjects (note this is general) upon any Future Occasion for Our service. And we cannot doubt upon the Publishing this Our Royal Word and Declaration of Our Sincere Intention, but that all reasonable persons will rest satisfied, &c.

Now I would fain know what more ad�quate or preventive words could have been devised by the Wit or Providence of men and Angels to have sti_fled so great a calamity in the Birth.

Neither will it be an Observation perhaps altogether immaterial and im_pertinent, that in the very next Session of Parliament, viz. in the October immediately following the Statute of the 19th. of his now Majesty, cap. 12. (which I have before recited) was made, as it were in Buttress and support of this Royal Edict and Declaration.

These things standing thus as I have represented them, however the King's Honour and Justice (like a Rock of Diamonds) remains still im_penetrable, neither is his Sacred Majesty in this case any more to be accu_sed of the breaches of fidelity, then the chast Lucretia was guilty of in_continence, when wearied out and forc't by the Adulterer. Duo fuerunt (saith the holy Father) at unus commisit Adulterium. Two they were, and yet but one of them committed Adultery. St. Austin.

When Judge Thorp was condemned to death in Parliament for Bribery The reason of that judgement is given, Quia (saith the Record) predictus Willielmus Thorpe sacramentum domini Regis quod erga populum suum ha_buit custodiendum, maliciose false & rebelliter fregit &c. Because the said William Thorp had broken the Kings Oath, it doth not say his own Oath, but the Kings Oath, that solemne and grand obligation, which is the secu_rity of the whole Kingdome, and the knot of the Diadem, so that as the Kings Oath may be broken by others, (his own unspotted honour and justice unviolated) so likewise may his Royal Faith and gracious promises as in our case. Rot. Parl. 24. Ed. 3. pars. 3. Memb. 2. in Dorso. Et Rot. Parl. 25 Ed. 3. Pars Ia. memb. 17.

SECT. 5. &horbar The grand Objection of necessity and National Danger supposing also our Fears to be at that time just) considered at large and Answe_red. That the Subjects property is not violable in this State, but by his own consent, in cases of far greater National danger then this was, proved by sundry Records and otherwise, the Rapines of Edw. the 1st. and 3d. upon the Subjects Moneys in Churches, &c. considred and answered. What courses the Law hath pro_vided for the preservation of the Kingdome, where the danger is instant and cannot stay for a Parliament.

I am now at length arrived to the grand Objection of this case, the vali_dity of which I am necessitated (though with reluctancy in my self) to consider, because if this Objection prove impregnable, the Councel of stopping the Exchequer may seem to be built upon a good, or at leastwise an excusable foundation, and so in all that I have hitherto said, I shall seem to have trifled with and eluded my Reader. And herein (because I pretend not to any Arcanums of State) I shall handle this point by way of Ad_mittance and shall suppose that the fears and jealousies which at the time of shutting the Exchequer did possess this State were just, and such as might well fall upon constant and deliberating mindes. The Objection then will run thus.

Ob. Ob. That our Neighbour Princes and States were making vast prepa_rations for War, that the Heavens about us were black and Cloudy, and where the storm might fall no man could Divine. That Necessitas est Lex temporis, Qu� non habet Legem. That necessity and self preservation su_perintend all Lawes. That it is more eligible to lop off one member from the Body Politique, or at least wise to let an Arm, or perhaps a finger thereof blood, then that the whole should be endangered, &c.

Sol. Sol. The Objection I must confess is important and weighty, and will deserve a substantial Answer. In order thereunto I must in the first place mind my Reader that I have (as I suppose) by irrafregable Argument proved the property of the Subject in this case violated. I will then add, that it is a Fundamental Law of this Realm that the Subjects propriety is not violable, no not in cases of National Danger, without his own free and voluntary consent, and that, First by the consent of his own individual person, or Secondly by that of his Representatives in Parliament, to whom he hath delegated his consent. To prove this I could produce in_finite Records of Parliament and other Courts, but (for brevities sake) shall content my self with some few, doing herein like one that chooseth 5 or 6. full eares of Wheat out of a select sheaf, who must necessarily leave behind him as good as he takes.

The first Record therefore that I shall insist upon, will be that memora_ble one of 14. Ed. 2. in a Writt of Error upon a judgement given in Dur_ham in Trespass by Heyburne against Keylow, for entring his house, brea_king his Chest, and taking away 70l. in money upon a special verdict, the case was this.

The Scots had entred the Bishoprick with a formidable Army, making great burnings and spoil, the Commonalty of Durham (whereof the Plaintiff was one) apprehensive of the common danger, consulted toge_ther, and at length agreed to send their agents to compound with the Scots, for money to depart, and were all sworn (the Plaintiff being one) to per_form such composition, and also what Ordinance should be made in that behalf, thereupon they compounded with the Scots for 1600 Marks, but because this Money was to be paid without the least delay, they all con_sented that Keylow the Defen_dant and others, should go into every mans house, to search for ready Money, to make up the said summe, and that it should be repayd by the same Commonalty, and thereupon the Defendant entred the Plaintiffs house, and took the said 70l, which was paid to_ward that Fine. The Jury were demanded whether the Plaintiff was pre_sent and consented to the taking of the Money, they said no. Whereupon the Plaintiff had Judgement to recover the 70l. upon this Judgement the Defendant brings his Writt of Error in the Kings Bench, and assigns er_rour in point of Law, and there the Judgement was reverst, because Hey_burn (whose Money it was) had agreed to this Ordinance, and was sworn to perform it, and Keylow had done nothing but by the express consent of Heyburn, and therefore was no Trespassor, and that Heyburn had no other remedy for his Money, but against the Commonalty of Durham. By which it appeareth, that if the owner of the money had not particularly concented, such Ordinance could not have bound him, and yet this was in a case of imminent danger, and for publique defence. Mich. 14. Fd. 2. B R. Rot. 60.

The next is a Record of the Parliament of 20 Ri. 2. some little time be_fore this Session, the French had actually invaded this Realm, they had burnt Portsmouth, Dertmouth, Plymouth, Rye and Hastings, they had possest themselves of the Isle of Wight, beseiged Winchelsy, and at length entring the Thames with their victorious Fleet, came up to Craves end, and burnt most part of that Town, and (which was yet worse) in the North, the Scots had burnt Roxborough, and were ready to over run all the North of England, the Realme being thus beset both by Sea and Land with the united puissance of two mighty Kingdomes, and like a Candle burning at both ends, the publique Treasure also exhaust; a great Councel was forthwith call'd of the Prelacy, Baronage, and other great men, and Sages (or Judg_es) of the Nation, to consult about these difficulties, they came at length to a final resolution, the which Scroop, then Lord Chancellour, delivered to all the Lords in the ensuing Parliament, which (as the Roll above quo_ted saith) was thus. That since the last Parliament, the said Councel met, and considering the great danger the Kingdome was in, and how money might be raised for the Common Defence, which could not wait the delay of a Parliament, and how the Kings Coffers had not sufficient in them, they all concluded that money could not be had for such defence, without lay_ing a charge upon the Commonalty, and that such charge could not be im_posed without a Parliament; and the Lords thereupon supplyed the pre_sent necessity with their own money, and advised a Parliament for farther supply, and Repayment of themselves, which was accordingly done. Rot. Parl. Ri. 2. pars I. a.

I think no man will pretend that our late danger (to say no more) was greater than this; and yet because there was no other course in those times thought lawful for the raising Treasure upon the Subjects Goods then by their own ascent in Parliament, only that course was then thought fittest to be practised, which was such as ought to be obeyed.

The next Record is the Statute of 31. Hen. 8. cap. 8. some years be_fore, this King had dissolved the lesser, and in the year of this Satute the greater Monasteries; which being a new precedent made a great noise, and the event thereof was apprehended with terrour and amazement all over the Christian world, this administred secret feeds of discontent to ma_ny of the people, which after broke out into open Rebellions (as our Chronicles declare) in several parts of the Kingdome; this King (though standing as much upon his pr�rogative as any of his Predecessors) to provide against the like suddain eruptions of this Torrent, which would not stay for Parliaments, procures a Statute to be made, that the King for the time being, with the Advice of his Councel, two Bishops, two chief Justices, and divers others, might by His Proclamation, make Ordinances for punishing offences, and imposing penalties, which should have the force of a Law, but with this proviso [that thereby no mans life, or property, Lands or Goods should be toucht or impeacht] so then though the Roy_al Power was thus corroborated by this Statute, yet the Parliament took care, that no mans Life or Property should be ravisht from him. How_ever notwithstanding the said Restriction, this Statute was thought incon_venient, and thereupon repealed soon after, in 1. Ed. 6. cap. 12. Old booke of Statutes 31 He. 8. cap. 8.

This Kingdome never laboured under a juster fear then in the Year 88. when it was assaild by that invincible Armada, or Sea-Gyant (as the Lord Bacon His War with Spain. calls it) and yet every mans Right was then preserved inviola_ble. Nay the Queen was so tender in that particular, that (as our Histo_rians say) She gave Express Order that not so much as an Ear of Corn should be burnt, or other Goods of her Subjects devastated, until the E_nemy had actually Landed, and was even upon the very point of possessing them himself. Cambden in vita Elizab. 1588. And therefore where the case of 8. Ed. 4. of plucking down the Suburbs of a City without the consent of the owners, in time of War, is Law, it must be understood of an actual Invasion of the Enemy, when the danger is in potentia proxima, and the Fire ready to take. 8. Ed. 4. And this manifestly appears by the Record of 11. Edw. 2. where the Mayor and Citizens of Dublin puld down the Suburbs of that City, but it was (saith the Record) Super imminentem hostilem irruptionem scottorum inimicorum infra Hiberniam, & pro salvatione Civitatis pr�dict�, & ne dictis ini_micis ad Civitatem pr�dictam facilior pateret ingressus &c. Claus. II. Ed. 2. Memb. 19 Dorso pro ma_jore & civibus Dublin. And yet this Corporation neither would not trust to this point of Law, but for their better security procured the King's Pardon, which yet was cautiously e_nough drawn, for it was Pardonamus eis & cuilibet de communitate Civi_tatis pr�dict� id quod ad nos pertinet de prostratione pr�dicta, &c. We Pardon as much as in us lies, &c. as appears by Pat. de anno 12. Edw. 2. Memb. 30. intus de pardonacione pro majore & Civibus Dublin.

And so of the case of Gravesend Barge. If the Ferry-man may justify to throw my Goods over-board to lighten the Vessel, it must be upon an instant Tempest, and inevitable peril; but if the Ferry-man shall say, I see a Cloud yonder my Masters, its like to be a great storm, and thereupon shall throw them over, I doubt that is not at all justifiable in Law. Mich. 6. Ja_cobi Cokes. 12. Rep. 63.

I shall now draw nearer our own times, and present you with a Trium_virate of precedents (to say nothing of the Petition of Right) in one and the self same Parliament (no less then that which attain'd the name of Par_liamentum Benedictum) I mean that of 3. Caroli primi. Cokes 3d Inst. 3.

First the Judgement of the two Houses in that Parliament in Dr. Man_warings case, who was sentenc'd by them principally for declaring in a Sermon (which he afterwards Printed) that the King in Cases of immi_nent danger to the Kingdome, might without Parliament Levy Money up_on the Subject. Rushw Hist. Collect. 3. Carol There were other collateral charges against him its true, but this was the principal, and to this he chiefly applyed his Defence, and would have excused this Assertion by limiting it only to Cases of Natio_nal Extremity, but that would not serve his turn, he himself submitting, and the Sentence afterwards affirm'd by the Kings Proclamation for sup_pressing the Book. Journal of both Houses.

The second is the Commission for Loane, to carry on the War for the Palatinate, in which was suggested the safety and very subsistance of the King, People, and Religion to be in instant danger, that his Majestie's Rushw. Hist. Collect 3. Caroli Coffers were exhausted, that the supply could not stay for a Parliament, that the King upon his Accession to the Crown, found himself ingaged in this War, and that by advice in Parliament (which I think may deserve some remark) and only lending a little Money for prevention required, Now I would fain know what suggestions could have possibly been more substantial or persuasive, But because this course was compulsary, and without consent, these Commissions in the same Parliament were re_solved to be illegal, and so consented to be by his Majesty, and so decla_red a little after in the same Parliament in the Petition of Right. Poultons Sta_tutes 3. Car. I. cap. I.

The third is the Commission of Excise issued to 33. Lords and others of the Privy Councel in which they are commanded to raise Moneys by im_positions or otherwise, as in their judgements they shall find to be most convenient. Rushw Hist. collect. 30. Car. The Suggestions here, were for the most part the same with those in the above mentioned Commission of Loane, and yet adjudged by both Houses contrary to Law; and the Lords desired his Majesty that this Commission of Excise might be canceld, and shortly after it was canceld by the King, and thereupon brought so canceld into the Lords House by the Lord Keeper, and by the Lords so sent to the Commons.

In the last place I shall cite the Statute of 17. Car. 1. cap. 14. For the Reversal of the Judgement in the case of the Ship-writs, I am not willing (as well of brevity as other reasons) to recite this Statute at large, but I dare engage that no man shall read that Law, but will say it is a most di_rect Judgement in the point against the violation of propriety in case of National danger. If any man however, shall for reasons best known to himself, Arraign or Calumniate this Act of Parliament, I shall say no more then this. If it be Law, why may I not vouch it? If it be not, why is it not Repeald? why doth it still cumber our Statute Books?

I am heartily sorry to have had so invincible an occasion administred to me here, of disturbing the Rest of these sleeping Muniments of propriety; but this presumption also must be added to the black train of those Cala_mities which follow this pernicious Councel. It is but natural to man_kind to bring in what Arguments they can to preserve their undoubted Rights, especially when irritated by that unhappy Thing which renders men not only miserable, but (as the Poet saith) Ridicule and contemn'd. Juvenal Saty. 3. versus 151. Neither have I here (I hope) invaded the just Regalities of his Sacred Ma_jesty (for which no person hath an higher veneration then my self) but rather confirm'd them. For (as Sir Francis Bacon then Atturney General said) whilst the Pr�rogative runs within its ancient and proper Banks, the main Channel thereof is so much the stronger, for Overflowes (he adds) evermore hurt the River. I. Refusutario fo. 65.

If any man after all this Evidence be yet unsatisfyed in this point, I will send him to France (for I would rather find a President there) and advise Guilme Fermyes Commentary on the Customier of Normandy. him to consider the case of Normandy. That Dutchy had been for some time rak'd with Exactions contrary to their Franchise and Customes, and thereupon complain to Lewis the 10th. the then French King, he by his Charter in the year 1314. recognizing the Right & Priveledges of these peo_ple, and the injustice of their Grievances, grants that from that time for_ward, they shall be discharged from all Subsidies and Impositions to be laid upon them by him or his Successors, yet with this deadly sting in the tail of all [Si necessitie grand ne le requiret, Unless in cases of great ne_cessity] which Minute and almost insensible exception we see hath eaten up (upon the matter) all their immunities, for though these States do annually assemble, yet their Convention is little better then the carkass of a Parlia_ment, and they are become but the necessary Executioners of the Royal pleasure. Comines Hist. of France, Lib. 13. Fortescue cap. 35.

Obj. Ay, but did not our Ed. 1. and Edw. 3. do greater things then stopping the Exchequer? are not our Chronicles full, of their breaking even into the Churches and Abbies, and ravishing the Treasure of the Subject for Sup_ply of their Warrs.

Admitting this Allegation to be true, I Answer.

Sol. First, we discourse not here what hath been done, de facto, but what may be done de Jure. And to counterballance these, we may put other Princes of this Realm of a contrary complexion into the other Scale.

Edward the Confessor restored the Danegeld Money (a grievous Taxe formerly in use here) to the persons from whom it was exacted, it seem_ing to him (as no mean Authors write) that he saw the Devil danceing and triumphing upon that vast heap of Treasure, when he was conducted by his Officers to view the same. Polydore Virgil. Ribadinira Cop. grave Surius And (by the way) this Act of singular piety he did, when his people laboured under a dreadful Famine.

King Henry the Second (say our Chronicles) maintain'd great Wars, and obtaind a larger Dominion then pertain'd at any other time to this Realm of England, and notwithstanding never demanded Subsidy of his Subjects; Selden's Marc clausum, Lib 2 Spilm Glossary title Danegueld and yet his Treasure after his death was found to be, Nine hundred thousand pounds besides his Jewels and Plate. Speed, Baker, Haywards Hen 4. I. part. p. 56 Certainly a pro_digious summe in those dayes!

It is notorious also that Queen Mary did by her Letters Patents, of her meer Grace and great Clemency for the succour and relief of her loving Subjects (saith that Record) pardon and remit a whole Subsidy given by them to her Predecessor, which release was afterward confirm'd by Parlia_ment. Old Statutes I Mari� sissio 2. cap. 17. And Queen Elisabeth also remitted one Subsidy of four granted to her saying, It was all one to her, whether the Money were in Her Subjects Coffers or her own . Cambden vita Elizabeth�.

Secondly these Depredations begot many good Lawes for the firmer munition of property for future time, and particularly this violence of Edw. 1. was executed in the 25th. year of his Reign, and in that very year (and not in 34� as our Printed Statute Books say) was made the Statute de Tallagio non concedendo, with which the English defend themselves (saith Bodine) quasi Clypeo, as with a Buckler against their Prince. De Repub. lib. I. cap. 8

Thirdly, this King (as our Chronicles affirm) layd this outrage much to heart, and that before his Royal Pallace at Westminster, invironed with infinite numbers of his people, thither by him purposely summoned, and being rais'd upon an Ascent or Pedestal, the better to be heard and seen, the Prince, Arch-Bishop of Canterbury and the Earl of Warwick also standing with him. Lib. 3. cap. 9. columna 2510 Rogavit populum accepta licentia (saith Knighton) ut omnia condonaretur ei, & orarent pro eo. He earnestly intreated the people that they would forgive him, and pray for him. And Matthew Westminster goes yet farther Rex erumpentibus lacrymis (saith he) veniam de com_missis humillime postulavit. The King bursting forth into Tears, did most humbly aske pardon for what he had done (a passionate transport of a Prince that before that time had rendred himself redoubtable among the Saracens as well as the French, and that had triumpht over Scotland and Wales!) Math. West_minster. pag. 409. 410. And after he had excused himself to them, with all the sweet_ness of Expression adds. Et omnia oblata reddam vobis. And I will restore all that I have forct from you. Math. Westm. ibid. And in pursuance of this promise forth_with makes an Bundel� Bre_vium de priva_to Sigillo in Tutre London. Anno 25. Ed. I & pit. 26 Ed I Mem. 21 Ordination of Councel (which I have seen in French, and can produce the Copy) to issue forth Commissions of Oyer and Terminer, into all the Counties of England, to enquire what things had been forci_bly taken by his Officers, out of the Churches or else where, from the Clergy or Laytye, either to guard the Seas, or for any other purpose, with Warrants or without, during his Wars with France, and to deter_mine those matters. Et ce qe serra pris, seit returne a ceaux, qe le damage ont receu (saith the Record) And that those things that were forct away might be return'd to them that had receiv'd the damage, and to punish the parties offending, which Pat. 26. Ed. I. Memb. 21. inquirendo super grava_minibus popu_lo Regnifactis &c. Commissions were accordingly executed (ma_ny of which I have seen, and can produce the Copies) in which are con_tained many excellent particulars, too long here to be recited. And for those small Remainders of Moneys which hapned not to be restored or sa_tisfied by vertue of those Commissions, they were two or three years af_ter recovered in the very ordinary Courts of Justice, to prove which (among many others) I will cite this one Record. Coia. Pa. 29. Edw. 1. Rot. 18. The King pro urgentissimis Regni negotiis, & pro defentione totius Regni (saith the Record) had seized divers summes of money in all the Abbies, Cathedrals, and Religious Houses within the Realm, & (quo citius commode poterit) promised repayment: In the Parliament of 29 Edw. 1. at Lincoln the King is Petitioned for repayment, who promiseth payment. Ita quod Regis conscientia super hoc exoneretur, and there, and Rot. 19. Divers summes are adjudged to be repaid. Again it is not at all probable this Prince would be negligent in paying his own, that was so just in sa_tisfying his Fathers Debts (as we find by our Records) so that upon the whole matter, notwithstanding this Objection; Pat. 4. Ed. I. Memb. 19. intus I think we may concurr well enough with Sir William Herle Ch. Justice of the Common Pleas, who in 5. of Edw. 3. saith of this Ed. 1, (in whose time he lived) Que fuit pluis sage Roy que unques fuit. That he was one of the wisest Kings that ever was in the World. Pasch. 5. Ed. 3 casus 5.

For Ed. 3. his Rapines likewise produc't very benificial Lawes to the Subject, as will be manifest to any man that shall peruse the Statutes of that time. They were actions which he never justified, but excused alway with singular Resentments. As appears by his Letter (extant upon Record) to John Stratford then Arch-bishop of Canterbury, in the which he re_counts the Tallages and Exactions with which he had burdened his peo_ple which (he saith) he could not mention without inexpressible grief of mind, and there excuseth himself upon the inevitable necessity of his warrs, and desires the Arch-bishop to satisfy the people, and to stir them up to pray for him, hoping ere long he should make them compensation, and give them comfort. Rot. Almani� 12. Ed. 3. Mem. 22 in Dorso De excusando Rege populam versus.

Ob. There remains yet one Objection with which I am inforc't to encounter, se defendendo, because I perceive it ready to assail me. And that is, that the Parliament is a great Body, (I speak it with all due reverence) and moves slowly, and therefore if the Law allow not some other course (as this of stopping the Exchequer or the like) in raising money in case of suddain Danger, the Kingdome may be lost before the Parliament can supply.

Sol. To this I answer, That all Warrs are either Offensive of Defensive. If it be Offensive, it cannot be suddain, for it is the King's own Act, and the result of mature deliberation; and so there may be time enough to call a Parliament, if it stand with his Sacred Majestie's good will and pleasure. If it be a Defensive War by Forreign invasion, which I shall (to avoid Ca_vil) agree may be suddain (though a great Statesman tells us, that these Clouds are commonly visible afar off before the Tempest fall) I say if by Forreign Invasion, then first the impulse of self-preservation (an indelible Character wrote on every man's mind by the very hand of Nature) will dispose all Mankind to expose their Lives and Estates, which otherwise they must inevitably lose. Comines fol. 179. And this seems to be the case of this Kingdome in the Year 88. for there was then no Parliament sitting, but many of the Worthies of that time, (some of whose names are transmitted to Posteri_ty) at their own private charges, brought in men and Ships to the Com_mon Defence. Cambden vita Eliza.

But Secondly, if we are to suppose that men must be drag'd and haled to their own preservation; I say then the Law hath provided, that in case of Forreign invasion, every Subject within the Land, high or low, whether he hold of the King or not, may be compel'd at his own charge, to serve the King in person. To prove this I can vouch Authorities from Common Law. Statutes and Records which for brevity I will not quote at large, but (least any man should doubt hereof) will only point where they may be found.

Common Law, see 7. H. 4. Brook Tenures 44. & 73. Fitch. Protection 100. Coke 7. Re. 7. b. Calvins case. 2 Rolls Title Imposition 165. &c. 1 Inst. 69. b. in fine.

For Statute Laws see (among many others) 1. Ed. 3. cap. 5. 11. H. 7. cap. 1. 11. H. 7. cap. 18. &c.

For Records (among many others that I have seen) I will crave leave to vouch two.

The First is 14. Johannis Regis, where upon an imminent French in_vasion, King John issues out Writts, in which he summons all his Subjects, high and low to repair forthwith to Dover. Math. Paris 223. Matth. Westm. 92. Ad defendendum caput no_strum (saith the Record) & capita sua, & quod nullus remaneat qui Ar_ma portare possit sub nomine Base Cowardise or Turntail so the glossaries Culvertagij, & perpetu� servitutis &c. Rot. Franci� Anno 26. Ed. Memb. 5.

The other is upon a French invasion too, design'd against this King_dome in 26. Ed. 3. the which being a Record so apposite to my purpose I shall recite somewhat more at large.

Rex dilecto consanguineo & fideli suo Henrico Duci Lancastri� salu_tem. Quia Adversarij nostri Franci� nos & Regnum nostrum Angli� in_vadere machinantes, ad nos & Dominium nostrum, & totam nationem Anglicanam pro viribus destruend. Nos considerantes omnes Incolas dicti Regni cujuscunque conditionis extiterint, cum versetur commune pericu_lum teneri de jure pro patria pugnare, & eam contra hostiles aggressus de_fensare. ---- vobis mandamus quod omnes homines defensabiles tam milites & Armigeros quam alios quoscunq; de dicto ducatu cujuscunq; status seu conditionis fuerint arraiari, & quemlibet eorum iuxta statum & faculates suas, Equitaturis & Armis competentibus muniri &c.

I shall conclude this Section with a case of very recent Memory, and of singular Notoriety throughout the whole Kingdome, I mean that of the Conflagration of our Ships by the Dutch not many years past in the River of Chatham. There prevail'd at that time an universal jealousy among the people that upon this occasion some suddain stop might be put upon the Exchequer, and thereupon the Bankers were exercised with restless soli_citations for the speedy payment of their Debts. The King for the sedati_on of these Fears and apprehensions, is advised (and not without infinite prudence) to issue forthwith his Declaration to preserve inviolable the course of payments in the Exchequer, which was accordingly done. Now let's see what were the grounds of this Declaration. See the De_claration at the end of this Treatise. Why truly they are exprest there to be. First, Least the Credit of the Bankers (who had been so useful to the King) might be weakned. Secondly, Least the King's Securities might be undervalued. Lastly, Least in consequence the publick Safety might be endangered. Now all that I shall say is this. That (of what valew in reason of State it may be, I know not, but) to men of vul_gar Negotiation it seems a Riddle and matter inextricable, that these con_siderations which at that time appeard to have been of so politique and va_luable Regard, within the space of two or three years, upon a like oc_casion, should be thought by this Advisor clearly Obsolete, and altoge_ther void of Prudence; And the Credits of the Exchequer, Royal securi_ties, and the publique safety so little by him consulted. Idem manens idem, semper facit idem.

I have at length discharg'd my self of this grand and Colossus Objection, in how tolerable measure I must leave to the Candor of my intelligent Reader; But if it happen that I have herein given a substantial and effective answer thereunto, I dare say this pernicious Councel hath then no far_ther support, but must of necessity fall to the ground.

However I am to enter my Protestation, that I would gladly have de_clin'd so sublime and important an Argument, if the nature of this discourse had not (much against my own inclination) compeld me to the con_trary.

SECT. 6. &horbar That this Councel is contrary to the Policies that have been practised heretofore by the wisest Forreign States of the World, in far greater Ex_igencies then ours. The Objection (of Princes not repaying money lent them by their Subjects to keep them in better Obedience) Answered. The inconvenience that hapned at Rome upon an Impeachement of the Bankers and Usurers. That persons concerned here in the Stop of the Exchequer, will be losers by loss of opportunities for bargains, &c. in this interval.

ALL men agree that Rome (whether Monarchical or Republique) was a State founded upon the choicest Polities that ever were practised in the world. (And (as Florus saith) he that reads their Atcheivements con_templates not the Gests and Actions of one single people, but even of all mankind. In proemio ad Histori_am. Let us then consider, what expedients this so prudent a Nation exercised in cases of like nature.

It is plain this State was never under a streighter duress or pinch then after their dismal defeat at the Battail of Cann�, for then had Hanibal broke into Italy like a Deluge of the Sea, bearing down all before him, and at length this Tempest of War had begirt the very walls even of Rome, with his triumphant Army, and which was yet worse, the Roman Trea_sury was totally exhaust.

In this Extremity Levinus and Marcellus the Consulls declare forth_with by Edict, That each private person of such an Estate (and so others proportionably) should furnish out a Souldier at their own charge for thirty dayes. Ad id edictum (saith Livy) tantus fremitus hominum, tantaq; indignatio fuit, ut magis Dux quam materia seditionis, deesset. Upon this Edict so hot was the rage and petulancy of the people, that there wanted nothing but a Leader to have put all into a cumbustion: Livii. Lib. 26. The Com_monalty crying out that they had now for many years been loaded with Tributes that their Lands lay fresh and devastated, and that they could not by any force be compel'd to give that, which they had not to give: And this and much more they spake, not in corners, but even in the Mar_ket-place, and in the hearing of the very Consuls themselves. In so great an Agony of the Body Politique, theLords of the Senate Assembled, to consult how they might with more security Levy Money, and string them_selves a fresh with new Sinews of War; after many temerarious courses proposed and rejected, they thus reasoned (as Livy and Florus relate) amongst themselves. Livii lib. 26 Flori lib. 2. Omne aurum (say they) Argentum �s signatum ad Triumviros Mensarios deferamus, nullo ante senat�s consulto facto, ut vo_luntaria oblatio, &c. Let us our selves that be Senators first bring into the publique Treasury all our Gold Silver and Money, and this too with_out any formal Decree, that so this voluntary Oblation of ours may excite an emulation of supplying the Common-wealth, first in those of the Equestrian Order, and then of the Commonalty; In pursuance of this proposal, the Lords of the Senate brought in all their Treasure according_ly: Now see what the consequence hereof was. Hereupon (say the same Historians) the Knights and Gentlemen followed the example of the Se_nators, and the Commoners that of the Knights and Gentlemen; And the Contributions were so large, and the Conflicts so sharpe for priority of registring names, that the Exchequer had hardly Books and Clarkes e_nough to enter the particulars. Bodine commenting upon this prosperous Councel, hath these very words. Cum Annibal Italiam quateret, ur_bemque ipsam obsideret, Senatus diruto �rario nova tributa subditis aut sociis imperari noluit. Nihil enim prementibus hostibus tam periculosum When Hannibal had made Italy to tremble, and had besieged Rome it self, the Se_nate, though the publique Treasure were spent, would not impose new Tributes upon their Subjects and Colleagues; For nothing (saith he) can be more hazardous upon an instant impression of an Enemy. Bodin de Re_pub. lib. 6. ca. 2d �rario. Neither is it to be forgotten, that the same Historians add, that parta victorii &c. That after Victory obtain'd, and the Carthaginians discomfited, the Senate had decreed the Repayment of every Lenders Money justly and ho_nourably, which was Executed accordingly. Livii Lib. 26. & Lib. 31. Bodin Lib. 6. cap. 2.

The Learned Boterus Relates a Story very apposite to this purpose. Boterus de politia Illu_sterium &c. Lib. 7. ca. 3. La_dislaus Dux Neopolitanus victus (saith he) fugatusq; ab hoste, &c. La_dislaus Duke of Naples being vanquisht of the Enemy, flies to Naples, and there consults about raising Money for the reinforcing of his Army, and had resolved (by the Advice of persons more factious then wise, saith that Author) to effect this by imposition of new and unusuall Taxes, this being intimated to one Gorellus (a person of singular Prudence and Gravi_ty) he forthwith repairs to the Duke, and bespeaks him after this man_ner, I am afraid (GREAT SIR) that whilst you are solicitous of re_pelling the Enemy, you take no care of falling into the hatred and Malevo_lence of your own Subjects, by this imposition of a new Tribute: I beseech you, Sir, what can your greatest Enemies breath after with a warmer zeal then that you should follow a Councel, that will assuredly dispoile you of the Love and fidelity of your people. Banish then GREAT SIR, out of your Royal Breast so pernicious a determination; for that money which you want, my self with some other of your servants (who are to run the same Risques of Fortune with your Majesty) will presently supply you; And taking a Pen in his hand, he put down what each person (himself princi_pally) was to pay, and the Money was in a moment brought in, Pruden_tissimum sane pro re & tempore, &c. saith Boterus. A most prudent Coun_cel for the matter and occasion, given by Gorellus, and approved by the Duke, by which (saith he) the wiles of the Enemy were prevented, and the popular quiet and contentment consulted.

Now because contraries appear best by opposition, I will produce one instance a little diverse from this. Augustus C�sar had suddain news brought him of a vast Army in the raising by Mark Antony to encounter with him; The Prize to be fought for was no less then the Empire of the World. Augustus (being young, and instigated by evil Councel) squee_ses the people with Taxes towards the surport of this War. The people hereupon began to Mutiny, insomuch that (as Plutarch Reports) the wi_sest men of that time took it for granted, that if Antony in this conjuncture had approacht nearer with his Army, the Romans would have assuredly revolted, and delivered up C�sar into the hands of his Enemy. In vita An_tonii But (as he saith) the imprudent delaies of Antony gave time to the people of con_cocting their discontents and of the sedation of their Passions; neither is it to be neglected that this Illustrious person, after the defeat of Antony, and his own access to the Empire, took such warning by this hazzardous mistake, that ever after he abandoned all Councels of this Nature. And unto that degree that in the last twenty years of his Reign, he laid out upon the Publique Benefits and Emoluments of the Common-wealth (as Seutonius writes) little less then Quater decies Millies See for this valuation Bu_d�ns de Asse. Hackwel's A_pology and Savil's notes on Tacitus Histo_ry, Lib. 1 c. 6 sestertium, That is, Eleven Millions, Eighty thousand five hundred thirty three pounds six shillings eight pence Sterling: Besides his two paternal patrimonies, and other his Inheritances. Others report, thirty five Millions of Gold, be_sides the two aforesaid patrimonies.

Obj. Many other examples of like nature I could produce out of History and Policy, which yet (for brevity sake) I forbear to do, and hasten to an_swer an objection, viz. That (as certain Authors affirm) some Princes have by great Usuries Decoyed vast summes of their Subjects Moneys into their Exchequers, and forborn afterwards to repay them, on purpose to oblige their people to a stricter Obedience and fidelity to the Crown, And this Artifice (as Bodine Reports) was recommended as a subtle project to the French Kings, and accordingly practised by them. Life of Augu_stus bound up with Plutarch Lives.

Sol. I shall answer this Objection in the very words of the same Bodine, in an other place. De republica 6. cap. 2. H�c quidem tolerabilia viderentur (saith he) Si quod Regibus nostris persuasum erat, Civitates, obsequio & fide majore, accep_tis mutuo pecuniis, devincire potuissent, sed nullis temporibus graviores in Gallia tumultus, aut plures Civitatum defectiones, extiterunt. These Councels had been tollerable (saith he) if as these State-Mountebanks would perswade our Kings, the people by this deteiner of their Money would have been conteind in better Obedience, but alass, there were never more dangerous Tumults in France, or more frequent Revolts of Cities known, then in those very times. Essayes.

All States have tollerated Usuries in one kind or Rate or other, And it is impossible (saith the Lord Bacon) to conceive the inconveniencies that will ensue not only to Merchants but all other persons if the borrowing of Mo_neys should be cramp'd and discouraged: Therefore consideration for Moneys lent hath been entertaind (as the Scripture saith) of the Judaical Divorces) for the Hardness of mens hearts. And the Endeavours of a_bolishing thereof have proved sometimes inconvenient and dangerous to the States where it hath been attempted; Annalium 6 To prove which I shall produce but one Example reported by Cornelius Tacitus, who tells us, that in the Reign of Tiberius C�sar. Magna vis accusatorum in eos irrupit qui pecunias f�nore auctitabant, &c. That a great Rabble of Informers rose up against those persons which took excessive Usury, and thereupon every man cal_ling in his Debts, on a suddain ensued a great want and scarcity of money, and an universal discontent, and the aspect of affairs seem'd not very pro_pitious, which being perceived by that predent Emperour, he forthwith caus'd an hundred Million of l. 791466. s. 1 sterling. Sesterces of his own to be put into the Bank to be lent to all men that had occasion for three years without interest, and thereupon all things became calm and sedate again.

Lastly, though the Exchequer here be again opened (as in good time I hope it will) yet the persons therein concern'd will notwithstanding sustain infinite damage, in point of irreparable loss of those opportunityes of ad_vantagious Bargains, Marriages, and sundry other particulars, which in this interval have been offered unto them.

SECT. 7. &horbar That this Councel is contrary to the Common Reason of Mankind, and in some respects against the Rules of humanity. That it is per_nicious to the credit of his Majesties Exchequer. The case be_tween Phillip the Second of Spain, and the Bankers of Genoa, truly stated, and demonstrated to be essentially different from our case. Campanella's Advice to King Phillip to make speedy payment of that Debt.

IT is a Rule that hath prevail'd among all Nations (as well Barbarous as Civil) That Quod Omnes tangit ab omnibus debet supportari. And a_gain. Qui sentit commodum, sentire debet & onus. Where the utility and peril is common, there the charge and contribution ought to be common also. But I doubt if this Councel happen to be weighed in this Ballance it will prove light, for as it is plain that the Defence of the Kingdome was an utility to the whole, so it is as evident that the charge thereof was fast_ned upon a Part. What is this but as if the States of Holland should im_pose the expense of defending their Countrey from the Sea, upon a parcel of their people? Or (if we may compare great things with small) as if the Banks and Walls of the great Level of the Fenns, should be maintained by a small number of the Proprietors? And yet this seems to be the present case, and how far this proceeding is contrary to the common Reason of Mankind, I leave to the world to judge.

But this is not all neither, For this charge is not laid only upon a Part, but in great measure upon the most impotent and necessitous part of the Kingdome, and upon many of those glorious Worthies which maugre all the Temptations and menaces of wicked men preserved their Virgin Loyalty chast and undeflowred.

I have observed that some persons in Parliaments have used it as a motive to supply our Kings with Money, because say they, that which you give, is but like a vapour exhaled by the Sun, which gathereth into a cloud, and in short time distils again upon the Earth in gentle dews, and fructify_ing showres. But this Advice, what was it but to draw up the Tears of Orphans and Widdowes, the milk of helpless Babes, the sweat of the La_bourers brow, and the heart blood of several poor Loyallists, (among others) to fertilitate the Lands of many persons which (not to say worse) wallow in all Afluence and Riches? Amos 3.12. compar'd with 2 Sam. 12.2. Or (if I may use a Scripture Metaphor) to take two Leggs, or a piece of an Ear of a Lambe, which we had rescued out of the Jaws of the Cromwel Sequestrators, Commitee men_decimators, &c. Lyon, and give it to the Rich men that have many Flocks & Herds. For nothing is more evident then that many of those wretched persons that had but one hundred pound in all the world, had that All taken from them towards the Defence of the Kingdome, when may others that were worth hundred thousands, expended not a farthing at that time. And now what I shall say more &horfill; Pudet h�c opprobia nobis Et dici potuisse & non potuisse refelli.

Now for the Influences this Councel may have upon his Majesties Ex_chequer, in all likelyhood they cannot prove very propitious and benigne. Few things have been more dear to Princes then the Reputation and Glory of their Exchequers, And Queen Elizabeth wars so punctual in this par_ticular, that in her time (they say) it went for a Proverb. As sure as Checke. For (as a great Author Writes) Outward esteem and Reputa_tion is the same to great persons and Things, which the Skin is to the Fruit, which though it is but a slight and delicate cover, yet without it the Fruit will be subject to discolour and Rot. Lord Herberts H. 8. He that hath a mind to contemplate the Consequences of a discredited Treasury let him but consider the Cases of Henry the second of France, Reported by Bodine, and of our King Henry the 8th. by the Lord Herbert (for I would rather they should declare them then I) And I am afraid that when men shall be importun'd to lend money upon any future Occasion, they will be apt enough to discourse within themselves, That that which hath been done may be done again, and that the Moneys of other men were secured unto them by Declarations and Acts of Parliaments, and that they cannot expect higher securities then these, &c. Bodine Lib 2. cap 4 in fine Lord Herberts Hen 8. Last leaf but one. It is true indeed when the Exchequer is again opened, this Ob_jection will be in good measure answered, but till that time I fear it will re_main not inconsiderable.

I shall no farther pursue the Pestilence of this Councel in this particular (it being so obvious to the meanest understanding) but shall now state the Case between Phillip the Second of Spain, and the Bankers of Genoa, as I have extracted it out of the best Authors I could find, which treat upon that Subject.

Charles the Fifth Emperour of Germany, had for a long season revolved in his mind how he might render the State of Genoa obsequious and dependant upon himself, and this he did (among other reasons) that he might as occasion served with the greater facility Transport his Armyes out of Spain thorough this Territory into Italy. Thuani Hist. lib. 61. anno Dom. 1575. In order to this, sundry Experiments had he made, which yet by the jealousies of that people were alwayes rendred improsperous. Metarani Hist. Belgica Lib. 5. Bodine de repu. Lib. 6. Campa_nella Spanish Monarchy c. 21. Charles (being as he was a Prince of pro_digious Subtility) falls upon new Councels, he considered he had to do with a people that dealt much in Money, and were generally great Ban_kers, and Merchants, and therefore concluded that if by extraordinary Usuries he could allure their Money into his Exchequer, he should then be in possession of the best Hostages they could give him for their Fidelity and Observance. Helyns Cos_mography in Genoa. Lassels. Voyage into I_taly, I part. pa. 99. cum multis aliis. This Emperour dying, Phillip his Son, after his Fathers Example (to make these birds more confident, and less jealous of the Snare) proceeds for some time to feed these unhappy money-changers with excessive Usury, till by this fine Dexterity he had conveyed into his hands no less then 420. Dutch Tun of Gold, some say eleven, others eigh_teen millions of Gold, and then secures this Debt to them very fairly upon the Tributes of Spain and the Indies. The silly Birds were now very se_cure, and Sate fair, and there wanted nothing but the drawing the Net. Thereupon King Phillip (being exhausted with his Low-Country Wars and with all) sensible of the weight of so ponderous a Debt, takes occa_sion at first to cavil at some little misreckonings in the Accounts, and a while after insisted that he had heretofore paid them more Interest money then they ought to have received, and therefore (quoth he) that overplus ought in all reason to be deducted out of the Principal, and thereupon by pub_lique Edict (taking the Opportunity likewise of some Civil discords, which at that time raged among them) forthwith stops their Pensions issuable out of the said Tributes. And then to fortify this Act, by secret Combina_tion with the Pope (to render the Action more specious) procures a Bull from his Holiness to confirm all that he had done, however for so much Principal Money as was afterward agreed to be due (which in the year 1600. I find was One Million and half of Gold) the Crown of Spain hath ever since to this day justly and Honourably satisfied the Interest.

This is the true state of this Case (according to my discovery thereof). Now it will be evident to any person that shall compare these two cases to_gether, that they differ each from other in sundry essential circumstance.

For,

First, this Severity of King Phillip was not exerted upon Children and Subjects, but upon a Forreign State, of which Spain had then just causes of Apprehension and Jealousy, and so the Action well enough consistent with the Rules of Policy.

Secondly the Envy and Enormity of this Feate, was by a curious Leger_demain juggled upon his Holiness, and King Phillip to all outward appea_rance rendred innocent thereof: This Debt (saith Peter Heylin) was cut off by the Pope's Authority, that so King Phillip might be obliged to that See. Helin's Cos_mograph. Hoc debitum (saith Metaranus) per pontificis decretum propter in_gentes usuras fuit diminutum, & moderatum. This Debt by the Pope's Decree was moderated upon pretence of excessive Usury. Metarini Hist. Belg. Lib. 5. And Bodine Droling facetiously upon the proceeding, sed risu digna res est (saith he) quod non modo Genuensibus verum etiam Philippo, &c. It was thought ve_ry pleasant and ridicule that not only the Genoeses but Phillip also should be interdicted, he, because he took money to Usury, they, because they lent it. Bodin. de Rep. lib. 9. cap. 2. However they were both (this being done only by compact, and to give the better grace to this neat Emuncture or wipe) in a little time ab_solved again.

Thirdly, in this case the Interest Money was and is punctually satisfyed, and I wish I could affirm as much in ours.

Fourthly, I do not find that this Debt of the Genoeses was secured unto them by any Act of the Cortes or Parliament of Spain and so the Common Faith of that Nation inviolate. But in our case, our Debt is secured to the Bankers and their Assignees by National Obligation, As I have (I think) above most evidently proved.

Lastly, Campanella the Jesuite a man of infinite subtility, and one that seems to be even anxious, and eaten up with zeal for the Grandeur and prosperity of Spain, the which he cultivates with a singular diligence in his Discourse of that Monarchy. Campanella Span. Mon. chap. 21. This very man, I say, doth with all his vigor, not only advise, but importune King Phillip with all speed to pay this Debt to the Genoeses. Least saith he (among other reasons there given) if there should happen any Rising in Italy to the prejudice of that King the Genoan Banners might march also along with them for company.

&horbar The Conclusion.

I shall (I hope) auspiciously take the rise of my Conclusion from two me_morable Records. The one relating to Widdowes and Orphans, the other to those Worthies who with their Lives and Fortunes had many years agoe propugn'd the Rights of the English Crown.

That which concerns the former I shall for the excellency thereof (so far as it concerns my purpose) transcribe verbatim.

Die veneris proximo ante Festum beati Edwardi, Anno Regni Regis Henrici tertii 34. venit Dominus Rex cum suo Concilio ad scaccarium & ibidem proprio ore pr�cepit omnibus vicecomitibus Angli�, tunc ibidem existentibus. Imprimis quod modis omnibus observarent & manutenerent li_bertates sanct� Ecclesi�, & similiter manutenerent Pupillos Orphanos, & viduas & celerem eis justiciam exhiberent, &c. Inter Commu_nia termino Mich. 35. Hen. 3. in Officio Remen. Thes. in Scac. Rot. 2. In_tus. pr�ceptum Domi. Regis Here we have, it Registred in the Records of Fame, that the glorious King Henry the Third, came in his own person into his Court of Exchequer, environ'd with his Illustrious Councellors, and there with his own mouth gave it in charge to all the Sheriffs of England. Prov. 29.14. That in the first place (next after holy Church) they should Defend the Orphans and Widdows, and do unto them speedy Justice.

The other Record is that of II. Hen. 6. where that Renowned King gives express Order that a Roll should be forthwith made of such persons which had spent their Youths and Estates in the service of his Royal Grand_father, Father and Himself, to the intent that such of them (I shall give you the very words of the Record) which are without any Livelyhood, or Reward. Guerdon, and so in great mischief and necessity, and some but easily Guer_doned, and nought like to their Desert and Service, may, when Offices and Benefices fall, have them confer'd upon them, &c. Rot. Parl. 11. Hen. 6. Memb 6. Cokes 4th. Inst 56. Rot. Parl. 8. Hen. 6. Memb. 11. I hope no body will think me so presumptuous or vain, as to prescribe this for an Example; I know when we have served God and the King with our Lives and Fortunes, we are notwithstanding unprofitable Servants, and have still done but our indispensable duties, only this I shall say (and I speak it with an humble modesty) That I hope we that were Sufferers for our Loyalty, shall be thought now, as worthy of enjoying those poor Remnants and Scraps of our Fortunes, as these persons before us were of receiving their Guerdons and Rewards. I do never without a secret exultation of Mind consider this following Memoire that I find of Augustus C�sar: upon the Defeat (saith my Author) of Mark Antony at the famous Battail of Actium, Au_gustus commenc'd Emperour of the World; some few years after, a certain old Souldier (that in this Battail had done C�sar good service) hapned to be impleaded for his Life before his Imperial Majesty, and the Senate; Vita Octavii Augusti, bound up in Plutarch's Lives. The Soldier implores C�sar (then present) to help him in this Distress, C�sar recommended him to an able Advocate, the rough Soldier not contented with this, forthwith rips open his bosome, and exposing to the view of the whole Court the marks of the Wounds which he had received at the said Battaile of Actium; These wounds (quoth he) O C�sar have I received on my mangled body in thy defence, and substituted no Deputy in my place! Augustus hereupon (overwhelm'd with the Passionateness of this Action) presently stood up and pleaded the Soldiers Cause himself, and carried it. An Action certainly well beseeming an Emperour of the World! And are there not many miserable persons concern'd now with the Bankers, whose Fathers, Husbands, Children, and other Relations have asserted the Crown of England with their dearest Lives and Fortunes? nay, are not several of that kind yet surviving, which do yet bear in their miserable bodies the Scars and glorious Remarks of their Loyalty, recei_ved in the Battails of Edge-hil, Newberry, Nasby, Worcester, and indeed where not? And shall we imagine that our C�sar (a Prince of such emi_nent Clemency and Justice) will suffer these persons and their Families to starve for want of that which is their own? And that he will not proceed (as he hath begun) to be an Advocate and Intercessor for them in so just a Cause.

I dare be confident his Majesty is inexpressibly sensible of this Calamity, which is fallen upon us, and his Royal Bowels yerne with Compassion to_wards us. Neither is the Delay of Payment hitherto any Defect in His Majesty's innate Justice, but an Excressence and unhappy super_fetation of the first pernicious Councel of Shutting the Exchequer; to think otherwise were to blaspheme the greatest sweetness of Nature in the world, And to prophane that Illustrious Prince, of whom no man ever yet form'd a thought, but his mind was presently fild with the Idea of all that is Great, and Just.

For my part I am no Projector, and I have alwayes in my own Na_ture abhominated all Vermine of that kinde; But yet me thinks it is not impossible to designe a Course how to pay off this Debt of the Bankers, and that by waies not only practicable and Legal, but Grateful also to the Kingdome.

I am not ignorant that I have here all along in this Discourse dealt in an Argument of sublimity and importance, of which a man can hardly write perhaps without being in some measure Sacrilegious, But yet we find that our Saviour Christ excused the servants of King David, when they were ready to perish for want of food, though they broke into the House of God, and made bold with the holy Bread. Matth. 12.3 and 4. And the Law of this Land ac_quits the person that steals viands to pacify the present Languishments of nature. Stamfords Pleas of the Crown. Where the purturbations of the Judgement and Reason are so great, as in presumption of Law, man's Nature cannot overcome, such necessity carryeth a Priviledge in it self; (saith no mean Author) And I hope that man shall not be thought pragmatical or busy that deals in a matter in which the Fates of his Ruine or Happiness are imbarck't. Ld. Bacon's Maxims of Law, pa. 29.

There be many things which possibly I have forgot, and some things which I have perhaps industriously omitted. If any matter have fallen from me inconsiderately, (as in so long a Discourse may easily happen) I do with unspeakable humility and Prostration beg Pardon, requesting this one Favour, that no persons would censure me, or those worthy per_sons in my condition, until they have first represented our Cases to them selves, as their own.

Protesting in the last place that I have written nothing but with a mind at all times ready to sacrifice theBody it dwells in to the Honour and Safety of my Gracious Soveraign and his Kingdomes, And upon that glorious account, prepared alwayes to suffer more, then He or They deserve; that advised His Majesty to the stopping the Exchequer.

Illud omnium maxim� tenendum erit a Principe, ut fortunis alienis tem_peratum fuisse cognoscatur: Nam citius parentum c�dem oblivioni dant Homines; quam Fortunarum suarum direptionem.

Nic. Machiavelli princeps, Cap. 17.

His Majesties Declaration To all His Loving Subjects, to preserve Inviolable the Securities by Him given for Moneys, and the due Course of Payments thereupon in the Receipt of the EXCHEQUER.

WHereas We are given to understand, That divers of Our good and Loyal Subjects, Goldsmiths and others, who have advanced to Us great Summs of Money for the Publick Service, which are sufficiently secured unto them upon several Branches of Our Reve_nue, and other moneys arising by several late Acts of Par_liament, have upon occasion taken from the late At_tempt of the Dutch Fleet, and the false Reports spread there_of, been prest in an unusual manner, with many sudden Demands by their Creditors, for present Payment, through Fears and Apprehensions; &lphand; which may weaken the Credit of Our said Subjects, who have been so useful to Us bring an undervalue on Our said Securities, and in consequence in_danger the Publick Safety in this present Conjuncture: We have therefore thought fit (as well for satisfying the minds of our good Subjects, whose fears so transported them to call for their moneys in such a manner; as for the allaying such Jealousies and misapprehensions as may be taken up by those concerned in the said Securities) to De_clare, as we do hereby declare, that as the Course of Pay_ments in our Exchequer hath hitherto been punctual, and according to the due Order, even in this time of distur_bance and interruption of Payments amongst our Sub_jects; so Our stedfast resolution for preserving inviolable to all such Our good Subjects, who have Lent or Advan_ced any moneys for Our service as aforesaid, All and e_very the Securities and Assignements any wayes made by Us for and towards the Repayment and satisfaction of the said several summs of money: &rphand; And that We will not upon a_ny occasion whatsoever permit or suffer any Alteration, An_ticipation, or Interruption to be made of our said Subjects Se_curities; but that they shall from time to time receive the Moneys so secured unto them, in the same Course and Me_thod, as they were charged, and ought to be satisfied. &rphand; Which resolution we shall likewise hold firm and sacred, in all Fu_ture Assignements and Securities to be by Us Granted up_on any other Advance of Money by any of our Subjects upon any Future Occasion for Our Service. And we can_not doubt upon the publishing this our Royal Word and Declaration of our sincere Intention, but that all reasonable persons will rest satisfied that their fears were causeless, & their respective Interests in no danger at all, and that no evil can happen to them on this Occasion; since the Se_curites by Us to them given being inviolable, we doubt not but that our said Subjects will satisfie every person both their Principal and Interest, as they have formerly done with untainted Reputation. And of this our Declaration we strait_ly charge and Command our High Chancellor of England, the Lords Commissioners of our Treasury, the Chancel_lor and Under-Treasurer of our Exchequer, and all other our Officers and Ministers whatsoever whom it doth or may concern, to take notice and duly to observe the same, as they will be answerable to Us at their utmost perils.

Given at Our Court at Whitehall, this 18th. day of June 1667. And in the Nineteenth year of Our Reign.

THE Postscript TO THE Letter.

THus (Sir) I have (as you see according to the Model of my weak Ta_lent) discovered the Enormity and pernicious Influences of this Ad_vice, I take God to witness I have done this, without the least Ma_lice or Designe against any man's person, of what Degree or Quali_ty soever; Indeed if any man shall come from behind the Curtain & with a bare & open face shall say I am the Man that gave this Advice. That per_son I must confess (and only that person) hath not escapt my Animadver_sions, and from him only, and no body else I hope I can with Reason, expect Reproof. And then let all Mankind judge, whether of the two is more to be blamed, he that hath lead his Prince out of the old via Regia or King's high way, into by and untrodden Paths, unknown to the Law, and to walk upon Precipices, or he that hath given an honest Alarm or Outcry of this evil Dealing.

The Lord Treasurer Burleigh (under whose old English Councels this Kingdome flourisht, and became formidable to all the world, and one per_haps that better understood the Genius and temper of this Nation then this Advisor) was used to tell his Queen. Cottoni post_huma p. 313. Madam (sayes he) Win Hearts and you'l be sure of Hands and Purses. And Dion (in Plutarch) doth ad_monish the Son of King Dionysius. That the Love of the subject (obtaind by vertue and Justice) is the strongest guard and security of a Prince. vita Dionis.

The great God of Heaven and Earth and my own Conscience will be my Compurgators and Witnesses, that whatever I have said in this Discourse, I have done it with a most ardent and passionate Desire of the Prosperity of my dread Soveraign, and an unfeined Love to my dear Countreymen, and to raise and enkindle (as well as I could) an universal Disposition in this Kingdome towards the Payment of this Debt; That thereupon so considerable a part of the English Nation (as are concern'd with the Bankers) may not be overwhelm'd with an inevitable Ruine, and that so great a Member thereof may not be ravisht and torn limbmeal from the Body of this Com_mon-wealth.

I shall probably be thought by some persons to have prosecuted this Ar_gument with a warmer Zeal then became mee, and to have sallied out sometimes perhaps into Extravagancies and Inconsideration: I can only Reply, that the Authors and Testimonies by me vouched, are Authentique, and of approved Credit, and by me truly and carefully quoted, That after I have sacrificed my Person and Fortunes to mine Allegiance in the Late Rebellion; no man I hope will suppose that I should now become Apostate or Renegado to so glorious a Cause, That Necessity, and the want of a mans own, are spurs sharp and invincible; And Lastly that I have been actuated all along in this Discourse with no other Impulses of mind, then those which loosen'd the Tongue of the Dumb Son of King Crœsus, when he saw a Sol_dier ready to offer violence to his Father crying out, It is the King! At whose Royal Feet I am alwayes ready upon Occasion to lay down my Life, together with that poor Mite or Fragment of Estate, which the Rebbels and this Advisor have left me: Praying (in the Scripture Language) That God would strike through the Loins of all them that hate His Majesty, but that upon his own Head his Crown may for ever flourish.

I am Sir your most Affectionate Servant, S. R.

Errata.

Reader,

Some faults thou art desired to amend, which by reason of the absence of the Author, and haste, have escaped the Press. As in the third page of the Letter in the first sheet, Line 18. for irradicated read irradiated, &c. The Poyntings also in many places are to be amended.

FINIS.

|CPO |Y1689 THE LATE PROCEEDINGS AND VOTES OF THE PARLIAMENT of SCOTLAND; Contained in an ADDRESS Delivered to the KING, Signed by the Plurality of the Members thereof, Stated and Vindicated. &horbar Scilicet res ipsa aspera est, at vos non timetis sed inertia & mollitia animi, alius a_lium expectantes conctamini; videlicet diis immortalibus confisi, qui hanc rempubl. in maximis s�pe periculis servavere. At non vitis neq; suppliciis muliebribus auxi_lia deorum parantur. Vigilando, agendo, bene consulendo, prosper� omnia cedunt: ubi socordi� tete atq; ignavi� tradideris, nequicquam deos implores; irati infestique; sunt. Cato apud Salust. &horbar GLASGOW, Printed by Andrew Hepburn, Anno Dom. 1689. &horbar &horbar THE LATE Proceedings and VOTES OF THE PARLIAMENT OF SCOTLAND, &c.

TO remain silent under the Aspersions which some busy, but either weak or ill Men, are endea_vouring to fasten, not only upon the Proceedings, but upon divers of the most Honourable and Loyal Members of Parliament, were to be no less treacherous to his Majesty, than careless of the Reputa_tion of that whole Illustrious Body; as well as of the In_tegrity of those Persons who are said to have so much in_fluenced the Transactions of it; and whose chief Crime (with those that Malign and Traduce them) is their having expressed so much Affection and Zeal for His Maje_sty's Person and Service: And as the representing their Actions in a true Light, is all that is needful, both to ju_stify and commend them; so whosoever will be at the pains to examine them, will find them adjusted to all the Rules of Law, Religion, and Policy. And as it is not to be doubted, but that whensoever the Parliament Assembles, they will both vindicate their Proceedings, in Customary and Legal Methods, and exert that Authority which is essential to them, over those of their own Members, by whom they have been slandered; so all that is now to be endeavoured in their behalf, is to vouchsafe unto the English Nation (to whom they have been misre_presented) such a brief Account of their Transactions, with the Occasions, Reasons, and Motives of them; it may not only manifest the Wisdom and Loyalty of that Parliament, but demonstrate beyond all contradiction, that the only design they have been pursuing, was to preserve and maintain His Majesties' Honour, secure and establish him an Interest in the Love and Hearts of his People, and make His Throne firm and durable.

It is too evident, either to be denied or Apologized for, that all the Laws, Priviledges, and Rights of the Kingdom of Scotland, have under the Late Reigns, been not only Usurped upon and Invaded, but Subverted and Overthrown. For by gradual Inlargements of the Prero_gative, beyond what was allowed by the Rules of the Con_stitution, and the Statutes of the Realm, the legal and regular Monarchy of the Nation, was swelled into an Arbitrary and Despotick Power. So that all the Fran_chises and Rights, which by Original Contracts and Sub_sequent Laws had been reserved unto the People, were either overthrown, or enjoyed precariously. And we are compelled to say, that the Coalition of Scotland with England, under one Monarch, without a Union between the Two Nations into one Legislative Body and Civil Go_vernment, hath given great advantages to our Late Prin_ces of treating us with a Rigour and Loftiness, that our Ancestors were not accustomed unto: And though a small Acquaintance with the Politicks might have in_structed the English, that whatsoever received a first Im_pression amongst us, would sooner or later obtain a second Edition amongst them; yet they seem'd either not to have foreseen, or at least not to have resented it, until the Original of King Jame's Absolute Power in Scotland (which all Men were bound to obey without reserve) was copied over in England, in his Claim of So_veraignty, in dispensing with those Laws, that were the fence about their Safety. It was from the unconcerned_ness, which the English have too often testified; not to say the countenance they have given, in Relation to the Usur_pation of our late Kings over the Laws and Liberties of Scotland, that those Princes have despised the Applications made unto them, as well by Parliaments, as by the Nobi_lity and Gentry, for redressing, their Grievances; and that the Nation remained so long discouraged from re_lieving it self in those Methods that were left it. And as the Scots did for many Years sadly feel and experience, into what Excess their Kings grew up in Usurping upon their Laws and Liberties; from a hope and confidence of being justified and supported in those Invasions by the Strength and Treasure of England: So the English cannot be altogether insensible, how Charles the Second not only confronted their Bill of Exclusion in England, with an Act in Scotland for the Hereditary Succession of his Brother, but what large Breaches he was encouraged to make upon their Rights and Priviledges, after his having obtained an Assistance of 22000 Men, to be enacted and granted unto him by Law in Scotland, and those to be used in what places and upon what occasions he should please to imploy them. Nor are we able sufficiently to express our Obli_gations to His Present Majesty, who being extremly sen_sible, that our remaining disunited in our Governments, and two distinct Monarchies, though link'd together un_der one Monarch, hath been one of the great Occasions and chief Sources of our common Miseries and Oppressi_ons; and being desirous both to redeem us from the ille_gal Sufferings we have already felt, and to obviate those which might break in upon us under future Reigns, hath therefore invited the Nations to such an Union of strength, Councils and Legislative Authority, as may render them a Defence to each other; and not Instruments and Tools of enslaving one another, and a mutual Prey. Which as all wise and good Men do earnestly long for, so the com_mon Interest of the two Nations obliges them speedily to endeavour.

But we are forced to add, that besides the Encourage_ment which our late Princes have assumed unto themselves, of Usurping upon the Rights and Liberties of Scotland, from an expectation of being supported in it by the Power and Wealth of England; There is another Cause, unto which much of their Invasion upon the Scot's Priviledges is to be ascribed, and unto which we are forced to re_solve many of our Miseries, as the Spring whence they have flowed. For upon the Succession of our Kings to the Crown of England, and their fixing their Royal Abode and Regal Seat in that Kingdom; they are thereupon fallen into a Method of deriving their knowledg of Scotish Laws and Customs, of being informed of the Grievances of that Nation, and of receiving Impressions of Persons and Things from one or two Ministers chosen to reside about them, and in order thereunto advanced into Places of Honour and Trust; and who too often have been found to want either the Honesty, Wisdom, or Courage requisite in those upon whom so much comes to be de_volved. Surely the World hath had sufficient Evidence in the Ministry of the late Duke Lauderdale, what Mis_chiefs a Person in his Post about the King may be instru_mental in bringing upon the Kingdom of Scotland: For the he was endowed with too much Wit and Courage, to be either hector'd or wheedl'd, to be any Man's Tool and Property; yet through lack of Probity on the one hand, and excess of Ambition on the other, he was easily pre_vail'd upon to become an Instrument of ruining and en_slaving his Country. What may Scotland then dread, if a Person should be honoured with the Character and Trust of Secretary for that Kingdom, in whom all the Qualifi_cations for so considerable a Station, were the sighing decently, the entertaining one with a grave Nod, or if you please, a Grimace instead of a sold Reason; the making those whom he judgeth Court-Favourites, his unerring Oracles; and learning the Customs, Rights and Laws of his Nation, from them that never did, nor were obliged to know them; the recommending those to be Privy-Coun_cellors to the King, who withstood his being so; the favouring those in obtaining the Office of prosecuting No_cents, who stand accused for endeavouring to subborn Witnesses for destroying the Innocent; and, as an Addi_tion to all those Accomplishments, should be so swallowed up in the immoderate Love of the World, that instead of having his Thoughts exercised about the Service, Grandeur, and Safety of his Master, should be wholly imploy'd how to ingross the considerable Places of the Kingdom, for in_riching his Family. Into what Inconveniences may the best Prince be easily drawn, if his Secretary be unable to advise him what he may legally do, and what he may not? With what Facility is a weak and easy Person in that Post, misled by an English Minister of State, who has a mind to be revenged upon Scotland for rejecting Episco_pacy? How may a Crafty and Treacherous Courtier, that hath a purpose to play an after-game for the late King, influence a Scots Secretary, unskilled in Politicks, to im_broil his present Majesty with his People in Scotland; and all for this, that the Abdicated Monarch may have a new Throw for his Crowns again? Suppose but one Person in Office about the King for the Affairs of Scotland, and him to be extreamly timerous, What fatal Councils, under the fear of the Whip, may he be prevail'd upon to suggest and give? Hence it is evident what Disadvantages those of that Nation lie under, of having both their Persons and Actions mispresented, and their Rights and Liber_ties undermined and invaded; and that as well by reason of the King's residing constantly at so great a distance from them, as because of his having no more Counsellors usually about him, in reference to their Affairs, than who ( as a French King was pleased to express it ) may all ride upon one Horse.

Now as it was the Oppression and Slavery under which we had been brought, that rendred His Majesties Under_taking in coming into these Kingdoms with an armed Force, in order to redeem them, both honourable and just: So it was the hope of being delivered by him from Misery and Bondage, that encouraged us first to invite, and then to co-operate with him in the Prosecution and Accomplishment of his glorious Design. It was the In_vasions upon our Laws that we complained of, and from which we desired and endeavoured to be relieved; nor had we any Quarrel with the Late King's Counsellors, save as they were Advisers unto, and Instruments of over_throwing them. So that if what the Parliament of Scot_land desires to have redressed, be not something wherein their Laws have been invaded, and their Rights violated, they are to blame for insisting upon it as a Claim of Right; and should rather crave it as an Act of Grace, if they find the want of it prejudicial to the Nation. But if what is required do either appear to have been wrested from the Nation, or that through their not obtaining it, they will be upon all occasions obnoxious to be oppressed and inthralled, we may then assure our selves, that His Majesty is too just, as well as good, to deny them. For as His Majesty doth generously acknowledg in his Decla_ration emitted at the Hague, for the restoring of the Laws and Liberties of the Kingdom of Scotland, "That they who are concerned in the Laws, Liberties and Customs established by Lawful Authority in a Nation, are in_dispensibly bound to endeavour to preserve and main_tain the said Laws, Liberties and Customs; so he doth in the same Declaration, sacredly promise, that upon being prosper'd in what he was then undertaking, he will not only free that Kingdom from all hazard of Popery and Arbitrary Power for the future, and de_liver it from what at that time did expose it to both, but settle it by Parliament upon such a solid Basis, as to its Religious and Civil Concerns, as should most effectu_ally redress all the Grievances under which it had groaned." And therefore as we are not to imagine, that a Parliament, which in the whole course of its Proceedings hath testified so much Love, Loyalty and Zeal for His Majesty, both in advancing Him unto, and maintaining Him in the Throne, will abridg and lessen any of the just and legal Prerogatives of His Crown; or challenge any Priviledg, Right or Immunity, which their Ancestors have not been possessed of under the best and most Glori_ous as well as Ancient Reigns; so it were unpardonable to think, that a Prince of so much Wisdom, Goodness, Ho_nour, Justice and Truth, as His Majesty is known to be, should either insist upon the detaining from His People, what some of his Predecessors have by Fraud and Violence ravished from them; or should so far depart from His Princely and Sacred Word; as to frustrate the Expectati_ons of His Leiges of having those Grievances redressed, which His Parliament have condescended upon as necessary to be remedied.

But as His Majesties delaying to gratify the desires of His People, is not the effect of Choice and Inclination, but the result of a Force put upon him through the sini_strous Representation given him of their Demands, both as illegal, and as incroachments upon the Royal Autho_rity: So we do not wonder that the same Person should misreport the Actions of a Parliament, and insinuate into his Master unjust and false glosses of their Votes, who hath had both the Impudence and Treachery to endea_vour to Possess the King with Disloyal Characters of his most dutiful, best and useful Subjects. And seeing his Capacity both as a Lawyer, and His Majesties Advocate, hath not served to instruct him of the danger, nor to re_strain him from Leasing-making ( which is Treason by the Law of Scotland ) it is to be hop'd that the Persons whom he hath criminally slandered, will have the cou_rage to Impeach him; and that the Parliament will have the Justice to condemn him to the Punishment that the Law adjudgeth him unto. Nor can it be matter of Astonishment to any, to find a Person imposing upon His Majesty in reference to the Laws, Rights, and Cu_stoms of His Country, who has had the Impudence as well as Malice, to brand those for Republicans, by whose Power, Zeal, and Interest, the Crown came to be con_ferr'd upon the present King. But they must be Persons of a very short Prospect, who do not perceive, that they who are endeavouring to restore King James, ac_count it expedient to blast those in his present Majesties Esteem, under the reproachful name of Republicans, who have the Loyality and Courage to venture their whole for his Crown and Dignity, and to withstand those ill Men in what they are about. And I will ven_ture to say it freely, that as it is not Names, but Things which wise Men seek and pursue: So there is no more required to the freeing both Scotland and England from the Common-wealths Men, and from all Repub_lican Principles, but that His Majesty persevere in preser_ving unto his People their Rights and Liberties; Esteem Parliaments as well his great Council in Arduous Affairs, as the Suppliers of him in his Necessities with Mony; and that he make the known Laws the Measure and Standard of his Government. While on the contrary it is in the Power of ill Ministers ( if his Majesty hearken unto them ) to withdraw nine parts of ten of the Peo_ple in six Months from their Love of Monarchy, and to force them upon wishing for a Common-Wealth. And had it not been for the view which the Nations un_der the last Reign had of their Royal Highnesses the Prince and Princesse of Orange, and the assurance they entertained of enjoying their Laws and Priviledges, un_der their Government and Authority, the Methods which the late King took, and the Councels he followed, would instead of the Translation of the Crown to Their present Majesties, have put an end to the Monarchy. Nor can any thing so affright considering Persons from addicted_ness to Monarchy, as the leaving the Nations under the Power, Conduct and Authority, of those very Men, by whose Councels and Management the late King came to forefault His Crown; seeing some will be so peremptory as to imagine, that it cannot be upon personal liking that they come to be used, but because the nature of the Government requires them, or at least Persons of their Principle, and Political Complexions.

But forasmuch as the present Embarrass of His Majesty with his Parliament of Scotland is wholly caused by the Advocate's abusing His Majesty in the Account he hath given him, both of the Rights and Jurisdictions of the Estates in Parliament Assembled, and of the Laws and Customs of the Kingdom; I shall therefore in Order to the disparaging of him, with all the Wise and Loyal part of Mankind, and the debarring him the King's Ear, and at_tracting upon him the Royal Indignation; Publish the Prin_ciple upon which he builds all the Advices he communicateth to his Master, and with which he seeks to poyson and corrupt His Royal Mind. And this is, That the King hath a separate Interest from his People, which he ought to pursue in distinction from theirs: And this we may be sure he doth not fail of insinuating, either immediately unto his Majesty, or at least to those about him; seeing he had the Folly, as well as the Impudence, both to assert and to seek to justify it in open and full Parlia_ment. Now whosoever gives himself the trouble of examining the tendency of this Principle, will find the natural Consequences of it to be, That the Prince and People must not only Live in a constant jealousy and dread of one another; but must always be imbark'd in an intestine War. Nor is it to be avoided, unless either by the King's arriving at the height of Tyranny, and the Peoples sinking into the Abyss of Slavery, or by the Subjects grasping the whole Power and Authority, and leaving unto the King an empty Name. Yea, it is a destroying of the very end for which Government was ordained of God, and submitted unto by Men; see_ing that was nothing else, but that the whole Society, comprehending Ruler and Ruled, might have but one Common Political Interest; for the Defence and Security whereof each of them were to have their respective Du_ties allotted unto them: "Nay, the very Prerogative acknowledged to belong unto the King, is nothing save a Power trusted with him, in Relation to some Cases that may emerge, by which he may be the better ena_bled to preserve the safety of the Community, and to provide for the benefit of the Publick. Nor could Sir J&horfill; D&horfill;le take a more effectual Course to supplant the King in the Hearts of his People, and to possess them with a Horror of, and an Alienation from his Government, than by his Proclaiming within the Parliament Walls, That the King hath a separate Interest from that of his People, and by Consequence that he is to promote and maintain it, with the Neglect if not the Ruine of theirs; neither is there any thing more propable than that the Advocate vented it in Treachery to his Majesty, whom out of a Love to the late King, and a Desire to have him restored, he seeks to undermine and betray. For he hath hereby so alarm'd the People in reference to His Majesties Government, and fill'd them with those dis_mal Apprehensions of what they are to expect, in case the King have a separate Interest from Theirs, that it will be difficult either to allay their Fears, or to reco_ver them to an intire Trust in his Majesties Justice and Goodness, without removing that Man both from about his Majesties Person, and out of his Councils, who hath given them that frightful Idea of his ensuing Reign.

However from this of the Advocate, as well as from innumerable Observations to be made from the present Behaviour and Conduct of those who are received into his Majesties Councils and Service; after they had not only ministered to King James through the whole Course of his Reign, but co-operated with him in most, if not all the Methods of his Tyranny; we may rationally ven_ture at this Reflection, (to wit ) That they are either endeavouring to justify the former Reign, by seeking to expose and disgrace this, Or that they are studying to cover themselves from what they are obnoxious unto, for their crimes under the last Government, by reacting and repeating the same under the Connivance and Indulgence of the present.

And as by the First, they evidently shake his Majeties Throne; so by the Second, they not only abuse the Mercy of the Government, but despise its Justice: By the Last, they render the Government Vile and Cheap; and by the former they pursue its Subversion: It must with all lay a great Prejudice upon the Opinion of those that disswade his Majesty from gratifying his People in these Demands, about which so much noise has been made here, as well as there, that they were judged ne_cessary for his Interest as well as the Kingdoms Safety, by, in a manner, the Unanimous Vote of the whole Parliament; and of which it may be modestly said, that it is not only one of the wisest, but constituted of the most considerable Persons for Quality, Estate, and Esteem in their Country, that ever Scotland had: For even the Vote about the Lords of the Session, which is most censured and stumbled at, pass'd the whole House without any more dissenting Voices than barely four; and of those Sir J. D&horfill;ple, who was the leading Man amongst them, sensibly biassed by the Consideration, that, if the Vote obtained, his Father would have been excluded from the Honourable, and to him Beneficial Place of President, to which he is now advanced. It is not more likely that these few should act without regard to the King and Kingdom's Interest, and depart from the Laws, Rights and Customs of the Realm, than that the whole Body of the Parliament should be un_acquainted with what the Constitution, as well as the com_mon Safety of Prince and People, authorize them to claim? And that they should exceed the measures of Law, Justice, and Equity, in what they demand? Nor was the Parlia_ment under the Influence of such Motives for encroaching upon the King's Prerogative, as these Gentlemen were for betraying both the Jurisdiction of Parliament, and the Pri_viledges of the Nation. For having sacrificed all the Laws and Rights of the Kingdom, under the late Reign, to the Lust and Will of one Arbitrary and Despotical Monarch; they could do no less, both by the Rules of Policy and Uniformity, than endeavour to vest his present Majesty in the Robberies of former Princes; there being no such way for Thieves to escape at the Bar, as to prevail with the Judg to receive and harbour their stolen Goods. And for the King to rely upon being informed by Sir J. D&horfill;ple, what is the Prerogative of the Crown? and what are Rights and Jurisdictions of Parliament? is as if King James's Attorney_General were to be made the oracle of the Court, in refe_rence to what Crimes and Offences Peers and Gentlemen were to be condemned and executed for; and for what Failures and Miscarriages Cities and Corporations were to Forefault their Charters, and to be deprived of their Fran_chises. Could the Parliament have been guilty of so Impu_dent, as well as Criminal a Thing, as to incroach upon the just Prerogatives of the Crown, and to rob his Majesty of his legal Rights, it would have been more for their Profit and Interest to have effectuated it in relation to the disposal of Offices of State, and of Military Commands, than to claim meerly a right of interposing; and that only in the Case of a total Vacancy of the Session, about the approving of Persons nominated by His Majesty to judicial Places. For whereas the former would look like the putting themselves into a condition of giving check to their Prince, whenever a Capricio should take them, and they should fancy themselves agrieved; all that can be aimed at, or possibly compassed by the latter, is to have Justice equally administred accor_ding to the known Laws, which is no less his Majesties In_terest than his Duty, to make wise and careful Provision for. In a word, it would seem to command as well as to bespeak belief that a whole Parliament, who in all other Proceed_ings, have acted with the highest Prudence, Temperance and Justice; and where there are so many Persons of Vertue, Honour, Probity, and Knowledg of the Laws and Customs of the Nation, should be more regardful of voting justly, and challenging nothing but their legal Rights, than that only four Men should be found insisting upon what is Right; and they, such as most of them, have been Tools and Instruments in the Breaches made upon the Rights and Liberties of the Nation.

And as the whole Blame is to be intirely lodged upon a few Ministers about his Majesty, both as to the delay that hath been given to redress any of the Scots Grievances, and as to the disputing of the Equity and Justice of actu_ally relieving them from some; so besides the Confidence that all Good Men are possessed with, from the Considera_tion of his Majesty's Wisdom and Goodness, that all will be at last accommodated to the King's Honour, and the Peoples universal Satisfaction; the Concessions his Majesty hath lately granted, with references to the Articles, e_ven against the Opinion of the Ministers, is as an Ear_nest and Pledg what his People may expect in refe_rence to the rest, if it can be made appear, that what is further insisted upon, and humbly desired of him, is the relieving of his Subjects, and not the robbing of himself; the being kind to his People, and not un_just to the Crown; and the exercising Mercy to all, with_out being cruel and unrighteous to any. So that we are become obliged, in point of Duty to his Majesty, before whom our Demands and Claims lie, and from the Respect we owe to the English Nation, among whom these Matters are both publickly discoursed, and differently represented and censured: And finally, by the Justice we account due to the Parliament of Scotland, whose Moderation is not only questioned by reason of their Demands, but also their Loy_alty: I say, we are become obliged, by all these Motives and Inducements, to enter into a detail of the several Par_ticulars in Controversy, between some of his Majesty's Mi_nisters, and the Parliament of Scotland; and not only to state with what distinctness we are able, the several heads subjected to debate, but to give all that support & enforcement from Reason, Law and Custom, to the Expediency, as well as Equity of them, that we judg to be requisite; and that we can dispatch in the narrow room which we have confined our selves unto.

In pursuance of which undertaking, We will begin with the Vote to which the Royal Assent is not given; that re_ferreth to the disabling and precluding Persons from pub_lick Trusts and Imployments. And this we the rather do, both because we can discharge our Hands the soonest of it, and because it is the most censured by some of the English, from an apprehension that what of this Nature passeth into an Act at Edinburgh, may be drawn into President at Westminster. But that every one may judge of it, and what shall be offered in the Vindication of the Necessity and Justice thereof, I shall present the reader with a Transcript of the Vote: The King and Queens Majesties considering that the Estates of this Kingdom, have by their Vote, declared their Sense and Opinion, That such as have in the former Evil Government been grievous to the Nati_on, or have shewed Disaffection to the happy Change, by the Blessing of God now brought about, or have been Re_tarders and Obstructors of the good Designs of the said Estates in their Meeting, are not fit to be imploy'd in the Manage_ment of the Affairs of this Kingdom; Do with Advice and Consent of the Estates of Parliament now Assembled, Sta_tute and Ordain, That no Person of whatsoever Rank or De_gree, who in the former Evil Government have been grie_vous to the Nation, by Acting in the Incroachments, men_tioned in the Articles of the Claim of Right, which are de_clared to be contrary to Law, or who have shewed Disaffe_ction to the happy Change, by the Blessing of God now brought about, by acting in Opposition thereunto, since the time that the King and Queen now Reigning were Proclaimed, or who hath been a Retarder or Obstructer of the good Designs of the said Estates; viz. The securing the Protestant Reli_gion, the setling the Crown, the establishing the Rights of the Leiges, and the redressing their Grievances, by Acting contrary to these good Designs, since the time that they became publick by Votes, and Acts of the Meeting, be allowed to possess, or be admitted into any Publick Trust, Place, or Imployment, under Their Majesties in this King_dom.

I suppose the Reader by this time surprized at the un_reasonableness of the Age we live in, that there should be Men found so void of Sense and Understanding, as to spy out any thing here, that deserves to be clamour'd a_gainst, or which is worthy to be complain'd of: Every Line breathes of that Lenity and Moderation, that it fa_vours rather of a defect of Justice, than of any excess of it; and the utmost hereby designed, is only a disabling a few wicked Men from ruining us for the future, and not a pu_nishing of them for what they have done; for as there are none expected as to Life, so the few designed to be debar_red from Offices, are described and charactered after such a manner, that the very employing them will Dishonour His Majesty, and Disgrace his Government. There is no abridging His Majesties Mercy, only an endeavour to maintain the Justice of his Undertaking in coming to De_liver us. For having charged the late King's Evil Coun_sellors, and them only, with the Crimes upon which he grounded both Righteousness and the Necessity of his Expedition: Whosoever is so villanous as to advise him to use them, can design no less than deriving an Aspersion upon his Wisdom, Justice and Sincerity. And if the Na_tions be not delivered from those against whom he de_clared, how shall we be able to answer his Enemies, who accuse his coming hither, to have been upon another Mo_tive? For what his Friends affirm to have been bestowed upon him as the Reward only of his Expedition, and of the Deliverance he wrought out for us; his Adversaries will be encouraged both to believe and say, was the Prin_cipal, if not sole end of it: Nor is it meerly needful in or_der to the Vindication of His Majesties glorious Underta_king in coming into Brittain, That they who were the Instruments of our Slavery and Oppression under the for_mer Government, should be precluded from all share of the Administration under this; but it is also necessary for the reconciling the Love and Obedience of the People to His Majesties Person and Authority. Courtiers may fancy, that if one be able, he is qualified, without other Ingredi_ents, to be a Minister of State: But the most part of Man_kind do always look for some degrees of Honesty in those advanced into the chief Offices in the Government. Nor will People easily believe, that they who betrayed their Laws, Rights and Priviledges, under one Reign, will ever Administer Justice equally, or defend them in their Pro_perties under another. Men may have present ease, but they will be always in fear whilst they remain in the hands of their old Oppressors. It is impossible to keep up in the minds of the Vulgar, honourable Thoughts of King Willi_am's Government, if he will chuse to work with King James's Tools. Whosoever Counsels His Majesty to em_ploy those that were the Instruments of the former Tyran_ny, must intend to bring him under a Suspicion, both of approving that, and of designing the like. No man en_vieth his Majesties pardoning the worst of his and the Kingdoms Enemies; but we cannot avoid pitying him, and bewailing our selves, that he is persuaded to use them; yea the Royal forgiveness ought to confine it self to limits; and much more should a Prince set Bounds to himself in the Honours and Preferments which he is plea_sed to bestow. Now having mentioned his Majesties Grace, I'll venture to say, That after all the Mercy he hath exercised towards his own and his Peoples Ene_mies, there is not one either Converted to his Interest by it, or that reckons himself oblidged to him for it. But instead of attributing their impunity to His Majesties Grace, they ascribe it to the Pusillanimity of the Govern_ment; and in the room of being brought over to serve him, they are emboldened to go on in their Conspira_cies against His Person and Dignity. Nor will they ever account themselves indebted to his Mercy, till he hath made some of them the Objects of his Justice. But to re_turn to what I am upon; should not an easy Animadversion be inflicted upon those who have oppressed us, as the being shut out from Trusts and Imploys in the Government, We should both tempt them and others to repeat the same Crimes upon the first opportunity that is offer'd unto them. Yea, if instead of falling under such a gentle Mortification, they should be preferred to the chief places of Honour and Profit in the Kingdom, Villainy will be committed in order to Merit; and Men of brutal and Profligate Principles, will seek to exceed in Unjustice and Treachery, that they may be thought to excel in Desert. And though through the Moderation, Goodness, Wisdom and Justice of Their Majesties, we may escape the Consequences of such a Method during Their Reign, (which I pray God may be long) yet Po_sterity will lose most of the benefit of this Revolution, for want of adjudging those to punishment, that have been Traytors of Societies, and Cannibals to Mankind in this Age, whereby to deter others from being such in the next. The Counsel given to Princes by the Supream Sovereign by whom they Reign, is, That they should punish exorbitant Offenders, to instruct others to fear and forbear doing wickedly: But the Advice thrust upon His Majesty by some ill Men about him, is, That he should cherish and advance them without regard to the effects that may attend it. What a strange Idea will it give the World of our Government, if the rewards of Vertue be made the recompences of Crimes? And how shall we lift up our Faces to God or Men, if the Malefactors un_der the last Reign, not only escape under this without Chastisements, but inherit the Preferments and Emolu_ments of it. If what I have said be not sufficient to justi_fie both the expediency and equity of the forementio_ned Vote, I hope the Experience the King hath had of that sort of People, since he received them into his parti_cular Favour, and Principal Service, will reconcile him unto a better Opinion of it, and shew him the necessity to turning those out of Office whom his Parliament would have prevented his taking in. Both the Nations are sensible of his Majesties being betray'd, both in his Coun_cils, and in his Affairs; and it is very easy to guess by whom it is done. For none so likely to undermine his Throne, as they who endeavoured to hinder and obstruct his Ascending to it: Nor can any Man be Traytors to this King, but they who were the Instruments of the last King's Tyranny. The Cobler's Auls and Ends are unsuitable Furniture in the Painter's Shop. Neither will they ever serve this King with faithfulness in his vindicating the Kingdoms into Liberty, who were the Sworn Vassals to his Predecessors Despotical Will, and his Tools for op_pressing and enslaving the Nations. Besides the damage they have brought upon the Nations, and the Treasure they have unprofitably wasted, They have been the Oc_casion of losing His Majesty more Honour in one Year, than all his Foreign Campaigns ever did since he first Commanded Armies, and presided in Councils; and should he be prevailed upon by the Adulation and Arti_fice of any about him to trust the Conduct and Manage_ment of his Affairs in the same Hands for one other Year, it may be easily foretold, without Consulting the Stars, that we shall not be in a Condition on the third to save either him or our selves. And as we have no distinct Inte_rest from His Majesties, so all we desire is, That he would vigorously Espouse and Assert his own, upon which we shall both believe and Proclaim our selves happy. For the Vipers durst not hiss but for the warmth they receive through being lodg'd in his Bosom. But to conclude this head; I am extreamly mistaken, if they who have occa_sioned and promoted the Quarrelling at the forementioned Vote, do not find that they have consulted worse for them_selves, than was designed or intended by those who they ac_count for their Enemies For this Parliament will undoubted_ly at their next Assembling, be so far from departing from what they have Voted, that instead of acquiescing there, and being contended with the having the betrayers of their Laws, the Oppressors and Murderers of the Leiges, and the Obstructors of the King and Kingdoms Establishment, only debarr'd and excluded from Places of Preferment, Profit and Trust in the Government; that they will be justly provoked, and see it to be indispensibly necessary to Impeach and Proceed capitally against some of them. Thus, despising as well as refusing of Lenity, will derive from them the severities their Crimes at first deserved, but which that Prudence, Temperate, and Indulgent Senate, was willing to have mitigated by exchange of them into mild_er. And as we are fully assured, that so wise and good a Prince as His Majesty, can never entertain either mean or distrustful thoughts of a Parliament, that hath given him so many and eminent Testimonies of their Loyalty much less be prevailed upon to Dissolve them, while the Nation is in so Distressed and Unsetled a Condition; an Armed Enemy in its Bowels, and the ferment every where so high, that nothing can allay it, but their being continued, and being allowed to meet at the appointed day to which they are Adjourned; so we are no less assu_red, that they who are said to be the Zealots in this Par_liament, and to have the chief Conduct of, and the pre_vailing sway in all Business and Affairs that come be_fore it, can neither miss being chosen into, nor have less Interest and Esteem in another. So long as Persons of Fortune, Quality, and Interest, continue to assert the Laws and Rights of their Countrey, and to pursue the joint Interest of the King and Kingdom; the Obloquies cast upon them by such as dread and dislike their Cou_rage and Integrity, will only increase their Reputation, and Oblige all those Senators and Members of Parlia_ment, that are honest, to put the more value upon them. But to Supersede all fear of this Parliament being Dissolved, without both Assembling, and Dispatch_ing business, the King by a Law, to which the Royal Assent was given the last Session, abridged himself of all Power in that Matter. For in the Act that past the first of July, whereby Prelacy and the Superiority of any Office in the Church above Presbyters, is abolished, it is declared, That the King and Queen's Majesties, with the Advice and Consent of the Estates of this Parliament, will settle by Law, that Church-Government in the Kingdom, which is most agreeable to the Inclinations of the People. So that who_soever shall have the Impudence to advise His Majesty to Dissolve this Parliament, before there be by Law some Government erected in the Church, Doth both tempt him to violate his Faith, and to trample upon one Express Sta_tute, to which himself hath given the Royal Assent.

The next contested Vote that we are to Address our selves unto, and whereof we are to demonstrate the Le_gality, Reasonableness, and Necessity, is that which re_lates unto the Privilege of the Estates of Parliament, in nominating and appointing Committees, of which I do here subjoin an Authentick Copy. Forasmuch as the mee_ting of the Estates of this Kingdom, did by their Vote of the Eleventh of April last, represent among other Grievances, That the Committee of Parliament called the Articles, is a great Grievance to the Nation, and that there ought to be no Committees of Parliament, but such as are freely Chosen by the Estates, to prepare Motions and Overtures that are first Tabled in the House: Therefore Their Majesties with the Advice and Consent of the Estates of Parliament, do Enact and Declare, That it is the undoubted Privilege of the Three Estates of Parliament, to Nominate and Appoint Commit_tees of Parliament of what Number of Members they please, being equal of every Estate, and Chosen by the respective Estates; viz. the Noblemen by the Estate of the Noblemen, the Barons by the Estate of the Barons; and the Burroughs by the Estate of the Burroughs, for preparing Motions and Overtures that are first made in the House, or that the House may Treat, Vote, and Conclude upon matters brought in plain Parliament, without remitting them to any Committee, if they think fit: Or that the House may appoint Plurality of Committees for any Motions or Overtures that need to be pre_pared or digested for them: Declaring hereby, That no Officers of State are to be Members, except they be Chosen. And here_by rescinds the first Act of the Third Session of the first Parlia_ment of King Charles the Second, and all other Laws and Customs, establishing the manner of Election, and Power of any Committees of Parliament, in so far as they are not con_form to this Act. So sensible was the Meeting of the Estates, that the Committee of Articles was according to late Custom, Regulation, and Practice, an intolerable Grievance to the Kingdom, and a high Incroachment upon the Liberty and Jurisdiction of Parliament, that before the disposal of the Crown to Their present Majesties, they made their being relieved from it, one of the Stipulations, and an Article of Contract, upon which Their Majesties had the Crown conferred upon them, and upon which the People agreed to yield them Obedience and Subjection. For among several things which they covenanted as well as provided for the redres_sing of, when in the Name both of themselves, and of the whole People of Scotland, whom they represented, they yielded up, and conveyed over the Crown of that Kingdom to William and Mary: This was the first Grievance that they mentioned, and made it a matter of Bargain and Compact, as well as of Petition and Desire to be eased from it. The words that were proposed and read to Their Majesties in the Banqueting-House, upon that Solemn Oc_casion of presenting Them with the Instrument of Govern_ment, are as followeth. The Estates of the Kingdom of Scot_land do represent, That the Committee of Parliament, called the Articles, is a great Grievance to the Nation, and that there ought to be no Committees of Parliament, but such as are freely chosen by the Estates to prepare Motions and Overtures that are first made in the House. What ill Men must they now be, that durst advise a Prince of that Ho_nour, Veracity, and inviolable Faith, as His Majesty is universally known and acknowledged to be, to delay or clog the satisfying of His People in the foregoing particular. Seeing the meer procrastinating and adjourning the giving them contentment in it, hath a visible and natural tendency, if possible, to the weakning their Faith and Confidence both in his Truth and Goodness. It would appear, that some have a mind to make their Master seem faithless, to justify their being truly such themselves: Or else they have a design to vindicate King James's breach of all Sti_pulations and Promises, by persuading King William to do the same. Or, which is extreme likely, they would by his present Majesty's departure from that seeming Compact, upon which he received the Crown, reflect folly and injustice upon the Parliaments Deposing the late King, for his violating the Original Contract.

But that we may discourse intelligibly of that Commit_tee called the Articles, it will be needful to give some brief account both of what it originally was, and what by de_grees it grew up, or rather degenerated into, till it be_came at last an insupportable Grievance to the Nation, and rendred Parliaments either wholly useless, or mere Instruments for pursuing and executing the King's Will. Now by what appeareth either from our History, Records or Statute-Books, there was no such thing anciently as a Committee, or Lords of Articles, but every thing was as well originally moved as debated and concluded in full Parliament. For the first mention we meet with in our Records, of Lords of the Articles, is in the Year 1466. Un_der the Reign of King James the Third: Where we find, that upon the Convention of the Estates of Parliament, they not only chose so many from among themselves, to be Judges in Civil and Criminal Causes, who are styled Do_mini ad querelas, there being then no Judicial Court, save what the Parliament constituted from time to time out of their own Body: But that they also elected three Persons for the Clergy, three for the Barons, and three for the Burgesses, to consider of, and prepare matters fit and needful for the House to bring into debate, and to come to Votes and Resolutions about. By which it seems that the Committee of the Articles had no auspicious begin_ning, having its rise under one of the worst of all our Kings, and who came to the most unhappy and unfortu_nate end: However there appears no such thing here, as that the Officers of State were to be supernumerary to those chosen by the Parliament; or that the King, either by himself, or by one representing him, chose any of them, but it is evident from the Record, that they were wholly and entirely elected by the States themselves in Parliament assembled. And though the being an Officer of State, was never esteemed a ground disabling and incapacitating a Person from being a Member of the Committee of Arti_cles; yet upon a perusal of the Records, I do not find that any Officers of State made a part of the Lords of the Articles, until the year 1567. and their being then of the number was not ratione Officii, but by reason of the Parliament's having elected them into that Station. For whoso_ever consults the Records of Parliament of the years, 1467. 1475. 1524. 1526. 1528. 1537. 1542. 1543. will find that the Officers of State were so far from being supernu_merary in the Committees of the Articles, that they were not so much as elected into that Trust, nor had any room or place allowed them there; though it appears by the Records of all those Parliaments, that there were Mem_bers chosen by, and out of the respective Estates, some_times in larger, and sometimes in lesser numbers to make up and constitute such Committees. Yea, I cannot but add, That our not meeting with any mention of the Lords of Ar_ticles of the Parliaments Assembled, and held 1469. 1471. 1474. 1481. 1483. 1488. 1489. 1491. 1493. 1505. 1515. 1522. 1535. 1540. 1546. 1551. is an undoubted Evidence that the having Committees of the Articles was not a thing of indispensable necessity, or to which Parliaments were le_gally obliged; but that it was a matter of Arbitrary Plea_sure, and that they were chosen or omitted, as the House thought to be most useful and convenient for the manage_ment and dispatch of Affairs. And though it cannot be denied, but that after the year 1567. some of the Of_ficers of State were now and then thought worthy by reason of their moral and intellectual abilities, to be chosen among others for Lords of the Articles, as in the Parlia_ments held in the years 1581. and 1593. yet it is most evi_dent, that they were not elected into that Committee by virtue and reason of their Offices, much less sat there as supernumerary to those chose by the Estates; forasmuch as in other Parliaments, particularly in those held in the years 1587. 1529. and 1594. there is no intelligence, report or remembrance of them, in the Registers and Lists of those of whom in forementioned Committees were made up and constituted. And that which puts it beyond all possibility of being controuled (save either by ignorant, or by impu_dent and self-condemned Men) that no Officers of State had right anciently to be of the Committee of Articles, unless previously chosen by the Estates of Parliament, is the 37. Act of Parl. 11 of James the Sixth: Where Provision be_ing made by Law about the number whereof that Com_mittee should be constituted; It is, without the least men_tion or suggestion of those Officers of State, enacted and ordained, that the number of the Lords of Articles be equal in each Estate, and that the fewest number or every Estate be Six, and the greatest number Ten. Yea so far were those, styled Lords of Articles, from having originally the sole power of preparing matters, and of bringing in Motions and Over_tures, to be considered and debated in Parliament, exclu_sive of other Members of the House, who were not of that Committee; that both at first, and for a long tract of time afterwards, they were not so much as a Committee of Ar_ticles of, and to that Parliament by which they were cho_sen, and of which they were Sitting and actual Members; but were only so in reference to the next Parliament that should succeed; against whose meeting they were to pre_pare such things as they should judge to be most fit and ex_pedient to be then taken into consideration; but still with a right as well as with a liberty reserved to that future Par_liament, not only to receive or reject what should be thus maturated and offered unto them; but to admit whatsoever Overtures they pleased, that should be made unto any of the Members of their own House. It was the Ancient Cu_stom and Practice of Scotland, that the Sitting Parliament antecedently to its Dissolution and Separating, elected so many from among themselves, who were in the interval betwixt that and the next Parliament, to make inquiry into the necessities of the Lieges, and into the State of the King_dom; and accordingly to draw up and prepare such Over_tures, as should carry that relief and remedy in them which might give a redress unto Grievances, be a means of preserving the Nation in safety, and of promoting the prosperity of the Subjects. Now from this harmless beginning of the Committee of Articles, it hath, through the Usurpation of our Kings, especially after their Succession to the Crown of England, and the remove of their Royal Abode thither, and through the officiousness of publick Ministers to the Prince, and treachery to their Countrey, grown up at last to that exorbitancy, that it is not only become bur_thensome, but intolerable. For by reason of the Parlia_ments coming at last to commit the inspection into all af_fairs, and preparing all remedies unto Grievances, into a few hands, and those to be unchangeable during a whole Session; Our Late Monarchs obtained such a handle where_by they might incroach upon the Jurisdiction of Parlia_ments, and the Liberties of the People, that they soon im_prov'd it to the eluding of all the good that the Kingdom was to expect from Parliaments, and to the making those who were designed to be the means of our safety, become the Instruments of our Ruin. For the ac_complishment whereof, and the more effectual rendring the Lords of Articles, Vassals unto the Monarch's Will, and Tools for executing his Pleasure, they first pre_vailed to have the Officers of State admitted into that Com_mittee as Supernumeraries, and that, without being No_minated and Elected by the Estates in Parliament, they should have a right to sit there Ratione Officii, by vertue of the Imployments they held in the Government. For King James the Sixth, being by the adulation of the English Bishops, brought intirely over to their Interest, as well as to their Opinions, about Church Discipline and Worship, and having a mind in requital to the Church of Scotland, for all the kindness they had expressed to him, both in his Infancy and riper years, to obtrude upon them the English Ceremonies, he did in order to the more easie effectuating of it, flatter, cajole, and bribe, as well as huff, and awe the Parliament Anno 1621. to allow the Officers of State to Sit as Supernumeraries, without being chosen in the Committee of Articles. And thus he forced those Innova_tions, commonly known by the Name of the Five Articles of Perth, upon the poor Church of Scotland, having by those Supernumerary Officers, not only so moulded the Committee of Articles, as to pass and present them, but thereby laid the Foundation of their being ordained and enacted in the House. And to make the Lords of Articles yet more grievous and intollerable. King Charles the First, (whose invasions upon the Rights and Liberties of his People, proved Fatal both to him and them) overthrew the Ancient-Method of their Elections, and brought the choice of them into such a Channel, as could issue in no less than Tyranny in the Soveraign, and Slavery in the Subjects. For whereas by Law and Custom, the Lords were to choose the Lords, and the Barons to choose the Ba_rons, &c. Charles the First did in his Parliament held Anno 1633. when he was in the heigth of his Greatness, change and innovate this Method, and having divested the whole respective Estates, of choosing severally their respective Com_missioners, he assumed a Power to himself, with a right of con_signing it over to his Commissioner in Parliament, for chusing Eight Bishops, consigning to the said Eight Bishops, a Power of chusing Eight Noblemen, and restraining to the said Eight Noblemen, together with the aforesaid Eight Bishops a Power of choosing Eight Barons, and Eight Burgesses; and that these in conjunction with the Officers of State as Su_pernumeraries, should be the whole and sole Lords of Ar_ticles, exclusive of all others. Finally, to render that Committee yet more insupportable, the sole Right as well as Liberty of bringing in Motions, of making overtures for redressing Wrongs; and of proposing means and expe_dients, either for the relief or the safety and benefit of the Subject, is intirely restrained unto, and lodged wholly in this Committee: Neither is it by our late Practice lawful for any Member or Members, that are not of that packt Club and Society, to make the least proposal or motion either for repealing of an ill Law, or for the enacting of a good. So that I would now hope, that the meer repre_senting of this Committee of Articles, as it is now trans_formed and degenerated from what it formerly was, is enough to justify the Vote of the present Parliament, about the having that grievance redressed, and to vindi_cate them from the Obloquie they have lain under, for in_sisting upon having Parliaments loosened from those Fet_ters. For where is the Liberty of Speech, and Voting, es_sential to a Legislative Body, if Parliaments must be thus muzled? How is a Kingdom eluded out of all the good that they expect from any Parliament, if their Re_presentatives may neither lay open their Sores, nor offer Plaisters in order to their Cure? How miserably would things have proceeded in the late Meeting of Estates, if no_thing was to have been before them, but what a Committee, where Eight Scotch Bishops were to have the Electing of Eight Noblemen, and they together the chusing of the rest, with King James's Officers of State Supernumerary, that should have prepared Overtures for that Great and Illustrious Assembly? I dare say, That the being bound up to such a Method, would have more effectually secured the Throne to King James, than all the Swords of his Par_tizans. Nor can Parliaments be designed for any thing, under such a Constitution of a constant Committee, with the Officers of State Supernumerary, but to enlarge the Prerogative of the Crown, and to levy Money from the People. But Blessed be God, His Majesty wants not Incli_nation to deliver his People from this, and from all other Grievances, but only wants Persons about him, to set them in that Light that he may discern them. Therefore we complain not of His Majesty for the delaying of the Satisfa_ction that his People waited for; but we complain of those ill Men, who told him, That to part with the Lords of the Articles, was to throw away the brightest Jewel of his Crown. Whereas it appears from what hath been said, that there is nothing desired, whereby His Majesty's Legal Prerogative can be diminished and lessened, but that all which is humbly craved, is the redeeming his Parlia_ment and People from an ignominious and burthensom Yoke; and their being reliev'd from the Invasion and Usur_pations made upon their Laws and Customs, by the Craft and Violence of some of their Monarchs. Nay, the very contending for the continuing the Officers of State as Supernumerary in their Committees, without the being Elected unto them by the Estates in Parliament, is both an Aspersion upon the Wisdom of the Parliament, as if they knew not how to pay the respect and deference due to those Officers, till compell'd unto it; and a Reflection up_on their Loyalty, as if no Persons could be tender or re_gardful of His Majesties Interest among the Committees of Parliament, unless received into the King's immediate Service, and brought under the Influence of Honours and Emoluments. But whosoever suggests this unto the King, must be one that is accustomed to draw other Mens Pi_ctures by his own Original; and who by acting in all things himself as a Mercenary, strives to represent the rest of Mankind, as equally Base and Villanous. Nor can that Advice insinuated into His Majesty, of having the Officers of State Supernumerary in the Committees of Parliament, be supported by any reason, but what borders upon Treason; which is the King's having and being obliged to pursue a separate interest from that of his People; and as nothing would more Universally lose His Majesty the Hearts of his People, than the being wrought into a belief of it; so whatsoever is likely to tempt them into such a persuasion, is at all times, but especially at this, to be industriously avoid_ed by the King.

The only thing remaining, wherein His Majesty's Parliament of Scotland seems to be misunderstood by him, is their Vote concerning the Nomination of the ordinary Lords of the Session, and the Election of the President. For that which they propose, both as re_quired by, and agreeable unto their Laws, and as necessa_ry in order to the equal Administration of Justice, is, That the ordinary Lords being in a total Vacation nominated by the King, they are to be Tryed, and Admitted or Reject_ed by Parliament; and that in a particular Vacation, being likewise nominated by the King, they are to be Tryed and Admitted or Rejected by the other Lords of Session; and that in both cases the President be chosen by the Lords of Session themselves. Now this being the great Matter wherein His Parliament is represented unto him, as endea_vouring to encroach upon, and subvert His Royal Prerogative; and it being the particular, in reference unto which he hath been prevailed upon to exert an Authority to that height and degree, that there seems no room left for any expedient, but that either the Parliament must depart from their Vote, or that His Majesty would be pleas'd to part with those, who through abusing his Goodness, have misled him into an exercise of Royal Power which the Laws cannot justifie. It will be absolutely needful, that the Rea_der, in order to his being inabled to form a Right and im_partial Judgment of this perplexed and intangled Affair, should be first made acquainted with the Vote it self, as well as afterwards be informed of what is to be said in the Vindication of it. The Words therefore of the Vote are as followeth; The King and Queen's Majesties considering, That by the Laws of the Kingdom, when the place of an Ordi_nary Lord of the Session doth Vacate, it is to be supplied by the King's Nomination of a fit and qualified Person for the said Of_fice, and presenting him to the rest of the Lords to be tryed, and admitted or rejected by them: And that there is now a total Vacancy of the Lords of the Session, by the happy change through the Blessing of God now brought about, so that there can be no such Tryal by the Lords; and that when such total Vacancies have fallen out, the Lords were either nominated by King and Parliament jointly; or if they were nominated by the King, the nomination was approved, and the Lords so nominated, were admitted by the Parliament; Therefore their Majesties do De_clare, That they will nominate fit and qualified Persons to the said Offices, and present them to the Parliament to be tryed and admitted or rejected by them: Likeas Their Majesties with the advice and consent of the Estates in Parliament, Statute and Ordain, that in all time hereafter, when any such total Vacancy shall occur, the nomination of the Lords of the Session shall be by the King or Queen for the time being; and in case of their mino_rity, by their Regent, they nominating fit and qualified Persons to the said Offices, and presenting them to the Parliament to be try_ed and admitted or rejected in manner aforesaid. Like as Their Majesties with the advice and consent aforesaid, ratify and ap_prove the 93d Act of the Sixth Parliament of King James the Sixth, anent the admission of Ordinary Lords of Session, and Reformation of certain Abuses therein: And the 132d Act of the Twelfth Parliament of King James the Sixth anent the Ju_risdiction, Presentation, Qualities and Age of the Lords of the Session, in the whole Heads, Clauses and Articles thereof, and particularly the Clause contained in the said two Acts, Declaring that in all times thereafter, when any place should be vacant in the Session, that His Majesty should nominate and present thereunto a Man fearing God, of good Literature, Practick Judgment and Un_derstanding in the Laws, of good Fame, having sufficient Living of his own, worth Twenty Chalders of Victual of yearly Rent, and who can make good expedition and dispatch in matters touching the Lieges of his Realm; and likewise that Clause contained in the 93d Act of the Sixth Parliament of King James the Sixth, Declaring that the President of the College of Justice shall be ele_cted by the whole Senate thereof, being a Man of the Conditions and Qualities above-written, for chusing and electing of whom the King's Majesty and Estates dispence with that first part of the Institution of the College of Justice anent the Election of the President, Declaring that in case of the absence of the Chancellor and President for the time, it shall be lawful for the Lords to chuse and elect any one of their own number, whom they think qualified and worthiest, who shall be called Vice-President for u_sing of the said Office, ay and while the Return of the said Chan_cellor and President. Like as Their Majesties, with advice and consent aforesaid, Statute and Ordain, that the whole Qualifica_tions abovementioned, be duly observed in the admission of the Lords of the Session, in all time coming, and that as well in the case of a total, as of a single Vacancy. This being the Vote so declaimed against, and in contempt whereof, and in opposition whereunto, some Persons having surreptiously and fraudulently obtained Warrant, Countenance and Authority from the King, are so vent'rous as to dare to act: We shall, both with all the Loyalty and Modesty that becomes a Sub_ject, and an honest Man, and yet with that freedom and plain_ness, which one who hath no other design, save to serve God, his King, and his Country, with uprightness and integrity should value himself upon, endeavour to vindicate the Wis_dom, as well as the Justice of the Parliament in the foremen_tioned Vote. In the performing whereof, with all that exact_ness which brevity will allow, I shall begin with an account of the first Administration of Civil Justice in the Kingdom of Scotland that we meet with in our Records. For the College of Justice consisting of those called the Lords of the Session, not having been institute till the Reign of King James the Fifth, Anno 1537. The Administration of Justice was before that time, not only ambulatory and itinerant, but was dis_charged and executed by such Members of Parliament as the Estates of the Kingdom, in their several Sessions elected from among themselves, and authorized thereunto. Nor had they only their whole Authority from the Estates in Parliament, but to speak properly, they were Committees of Parliament Authorized to such a Work and Office, and accountable to Parliaments for the discharge of the Trusts committed unto them; for the Domini electi ad causas, whom we so often meet with in the Records of Parliament, particularly in those of the Years 1524. 1526. 1528. were such Members at every respective Parliament elected from within their own Walls, for the Administration of Justice between the King and his Lieges, and between one Subject and another. From whence it appears, that it not only appertained unto the Parliament to see that Justice was duly administred, but that the Right was originally in them of nominating and ordaining the Ad_ministrators of it. Which makes it very improbable, that af_ter their having been possessed of such a Right, Authority and Jurisdiction for so long time, they should so wholly part from, and intirely surrender it as upon no Occasion or E_mergency whatsoever to leave unto themselves a share, or reserve a concern in it. Let us add to this, That when the College of Justice came to be instituted, Anno 1537 Parl. 5 King James the 5th Act 36 though it was Esta_blished and Ordained by the Legislative Authority of the King and Estates joyntly, and not by an exertion of meer Royal Prerogative, yet the Estates in Parliament then Assembled, both took upon them and were allowed the Nomination and Choice of the President, as well as of all that were then called forth and advanced to be Lords of the Session, or College of Justice, as appears by the 39. and 41. Acts of the aforementioned Parliament. Yea it is further evident from the Records of Parliament, that the Estates of the Kingdom did often in succeeding Parliaments Nominate, Choose and Impower, those very Lords that were actually of the Session, to continue in the Administra_tion of Justice, which sheweth beyond all rational contra_diction, that they could much less enter upon the Office at first, without their being Chosen and Approved by the Estates in Parliament. Thus Anno 1542. being the first of Mary, we find the President with the rest of the Lords of Session Chosen and Impowered a new, as Auditores ad causas, for the hearing and deciding Civil and Criminal Cau_ses. And again we find the Parliament of the Second of Mary, Anno 1543. not only ratifying by the Legislative Authority of the Queen and Estates, the Institution of the College of Justice, but we find the Estates alone nominating and choosing ad causas, the President cum c�teris Domi_nis Sessionis & Collegii Justiti�. But forasmuch as there was a change given afterwards by Laws to this Course and Method, and a new Regulation ordained by subsequent Statutes of the College of Justice, wherein both the qualifica_tions of those that are to be Chosen Lords of the Session, and the manner of their Approbation are required and appoin_ted: We are therefore obliged in the next place to look in_to those Laws, and to examine whether they detract from the Prudence, and weaken the Justice of the Parliament, in their fore-mentioned Vote; or whether they not only Countenance and Support, but Justifie and Vindicate them. And We'll begin with the 93 Act 6 Parliament James 6. where it being acknowledged, That the Nomination of the Lords of the Session belongeth unto the King, and that he ought to name such as have the Qualifications there required, which are already specified in the aforesaid Vote; It is further added, That in all time coming, when an ordinary Place becomes vacant in the Session, the Person no_minated thereunto by the King, shall be sufficiently tryed and ex_amined, by a sufficient number of the Ordinary Lords of the Col_lege of Justice, for whom it shall be Lawful to refuse the Person presented unto them, and that the King in that Case shall pre_sent another, and that so often until the Person presented be found qualified. But seeing this Act may be said to have passed in the minority of King James, and the force of it be thereupon endeavoured to be eluded, We will therefore consult Act 134. Parl. 12. James 6. wherein, besides a Repetition and a Confirmation of all that is mentioned and ordained in the former Act, there is further added, That none shall be recei_ved to any Place of Senator in the College of Justice, unless he be sufficiently tryed by the whole College of Justice. Now as those are the Laws relating unto and regulating the Nomination, Examination and Approbation of the Ordinary Lords of the College of Justice, the Practice hath been in all Times conformable thereunto. So that the First Parliament of King Charles the Second, which through the prevailing of the like Folly and Madness in Scotland, which then reigned in England, rob'd the Kingdom of many of the Rights and Privileges, to increase and inlarge the Prerogative of the Crown; yet they were so tender of making any Innova_tions in this particular, that by their Second Act of that Parliament they Ordain, The Nomination of the Lords of Session to remain as in former Times, preceding the Year 1637. And accordingly we find, as there have been several, who upon single Vacancies in Former Reigns had been rejected by the Lords of the College of Justice, though nominated by our Kings: So there was one Sir William Ballanden, whom Charles the Second had nominated and recommended, who upon exami_nation by the rest of the Lords was refused and re_jected, as a Person not Qualified according to the Sta_tutes of the Realm. Is it not therefore unreasonable to be imagined, That the King, who upon a single Vacancy cannot constitute one Judg, till he be examined and ap_proved, should nevertheless be esteemed impowered to con_fixe the whole Bench of the College of Justice, without a previous Examination and Approbation? How improvi_dent were our Parliaments, and how weak and ridiculous were our Laws, if all that is provided for, be only the re_straining the King from making one Judg that is unquali_fied; and at the same time allow him a Power and Au_thority of making Fifteen that are unqualified, for such they are to be esteemed, till they have been tried and ap_proved? There can be nothing more unquestionable, than that they who are nominated by the King to be Judges, , according to the Laws of Scotland, to be tried and approved before they be accounted or authorized to sit and judg, and therefore, there being upon a total Vacancy, no Lords of the College of Justice to try, examine and approve those whom the King hath nominated and recommended, it would seem to be uncontroulable by all Persons pretend_ing to reason, and acquainted with our Laws and Customs, about the Right of examining, and of admitting or rejecting them, comes to be devolved upon the Parliament; which is the whole that is desired in the forementioned Vote. Nor is there any mean, but that they either must ascend the Bench without undergoing a Tryal, or receiving an Approbation, which is openly to Affront the Laws; or else the Power and Right of approving, and of accepting, or rejecting, must be acknowledged to reside in the Estates of Parliament. Nor was this ever denied them in the Case of total Vacan_cy under the worst of the foregoing Reigns. Which makes it the more doleful as well as Amazing, that through the Subor_nation and Crafty, but false insinuations of Evil Men, there could be an endeavour of wresting it from under the Reign of so Gracious and Temperate a Prince, whom they with so much Affection and Zeal called and invited to the Throne; not only in gratitude for his having delivered them from Popery, but out of a hope and prospect of his relieving them from all their other Grievances. It hath been already proved beyond the possibility of a Reply, That the full Consti_tution of the College of Justice, and the Nomination and the Approbation of those that were then advanced to be Lords of Session, was by the Estates Assembled in Parliament. And I do now further affirm, That in the two total Vacan_cies, which are all that have since occurred, besides all that hath now fallen out upon the late happy Revolution, the Estates in Parliament were indisputably allowed the Right of admitting, or rejecting those of whom the Col_lege of Justice was to be freshly Constituted; for upon the total Vacancy in the year 1641, which was the first that had been from the Institution of the Lords of the Session, the Parliament not only Challenged the Approving, but they took upon them the joynt Nomination with the King, of all the Persons that were to be admitted into, and created Members of the College of Justice, by this Example and President, I will not insist upon, see_ing there was something unjust and illegal in it, as well as something just and legal. For not being satisfied with the Right of admitting, to which Law and Reason gave them an unquestionable Title, they usurped upon the Crown, and took upon them the Power of nominating, which had been granted by former Laws unto the King. Let us therefore see what was done upon that other total Vacancy, which occurred at the Restauration of Charles II. when nothing would have been departed from by the King, that he could have withheld without the highest Injustice, nor any thing either claimed or accepted by the Parliament that they could have sacrificed or surrendred without becoming obnoxious to eminent dangers; and yet even then the King having nominated those whom he designed for the Lords of Session, the Approbation of them was submitted unto the Parliament; and the Estates ha_ving in full Parliament consider'd them, they admired and received them. It is true that the Parliament did not bring them single before them, and there Try and Examine them, not because they might not have done it, but because there was no need of it, being all of them of that Eminency, as to be Universally and Notorious_ly known to have all the Qualifications required by the Sta_tute. Yea though that Parliament was abundantly officious towards the Crown, and Loyal to that excess to the King, as to be Disloyal to their Countrey, and unfaithful to their Constituents; Yet in the Second Act of their first Session, by which they restore to the King what had been wrested from him in the Parliament 1641, they allow him no more in reference to the Lords of the College of Justice, but the Right of nomination as the Crown had enjoyed it, preceed_ing the Year 1637. But I hear there are some, who finding his Majesty unalterably resolved not to depart from the known and just Laws of the Land in the Governing of his People, have therefore, to elude the force of what hath been here Represented, and to divert his Majesty from hearkning to the humble desires of his Parliament in this matter, been guilty of the Treachery as well as the Impudence to suggest unto His Majesty, That there is not now a total Vacancy, there being of the fifteen nominate by His Majesty for Lords of the Session, three that were antecedently such; and that it belongeth unto them Three to try and approve the others; and that what the Parliament pretends unto, being only in the Case of a total Vacancy, is here wholly Superceded; and that for any to insist upon it, is an incroachment upon the Prerogative of the King, and a robbing of the Lords of Session, of a Privilege vested in them by Law. Now tho all that is here insinuated, be rather the Offering an Affront to our Understandings, than the Accosting us with a reasonable Objection; yet we will so far condescend to the weakness of those that are ignorant of the Laws and Customs of Scotland, as to return such a Reply unto it, which may not only convince all Mankind of the impertinen_cy of it, but expose those that are the Authors of it, to be either loathed as ill men, or ridiculed as silly. For First, Supposing that S&horfill;, N&horfill;, and M&horfill;, who are all that can be referred unto in the pretended Objection, did still remain Lords of the College of Justice, by Reason of their having formerly been so: Yet they are too few to constitute a Session, which they ought to be, before they take upon them to Try and Approve such as are recommend_ed unto them by the Kings nomination. The Quorum of which a Session ought to consist, before it can Exercise any Legal Authority, should be Nine, which I think no Arith_metick will make Three to be. Nor will my Lord S&horfill; and his Son Sir J. D&horfill;, find that Success in their At_tempts against the first and self-evident Principles of natural Sciences, and of the Mathematicks, that they have had in Undermining and Subverting the Laws of their Countrey. Secondly, for any Person named by the King in order to the being received as a Lord of the Session to be examined and approved by Three, tho granted to be Actual and Sitting Lords of the College of Justice, is expresly repugnant to an Act of the Session it self, confirmed by the King's Letter An 1674. It being provided by that Act, That when any new Lords of Session shall be presented by His Majesty for Tryal of their Qualifications, that they shall be present one day in the Outer-House, where they are to inspect a Process that shall be carried to interloquitor, and from thence make Report of all the Points therein contained, to the whole Lords of Session; and then for compleating their Tryal, shall sit another day in the Inner-House; and the after the bring_ing the dispute of some point of Law to a Period, shall give their Opinion about it in presence of all those Lords of which that House doth then consist. Now as this Order and Rule is appointed to be observed constantly in all time coming, a_bout the Tryal of Lords nominate by the King, and to be admitted, and hath been accordingly observed and practi_sed ever since, till the present Vacancy; so it is evident to all who have not renounced common sense, that the Regula_tion, Order and Method of Tryal, prescribed by the foregoing Act, is altogether impracticable, where the Lords that are to be the Tryers, and Examinants, are to be three. But then third_ly, It is the most absurd thing imaginable to fancy, That because Three of the Lords now nominated by the King, were heretofore Lords of Session, that therefore there hath not been a total Vacancy upon this late and happy Revo_lution. I am sure that in the parallel Case, Anno 1661. the Parliament in the Preface unto the Statute, by which they admitted those to be Lords of the Session whom the King had then named, they call it a new and intire no_mination, which they neither could nor would have done, if they had not judged the Vacancy to be total, and yet three of the Lords then nominated by Charles the Se_cond, viz. H&horfill;, C&horfill; and L&horfill; had been Lords of Session, and had sate in the College of Justice before that nomination. Fourthly, if S&horfill; N&horfill; and M&horfill;'s having been once Lords of Session be enough to hinder the late Vacation of the Session from being total; then I challenge all the World to tell me what can either make a single, or a total Vacancy; yea, if those Gentle_mens Places were not voided after what had befallen them, and the placing others for several years in their room, I do much question whether their death can make their Places Vacant, and whether they may not be as well said to remain Lords of the Session, when they are rotting in their Graves, as to have continued so in the State they were, before His Majesties late nomination of them. For as they all had their Commissions during plea_sure, so S&horfill;'s and N&horfill;'s were recalled and reassum_ed by King Charles, of whom they had received them. And I take it for an undoubted Maxim, that he who hath Power and Authority to give, and giveth not du_ring life, may by the same Authority take away at Plea_sure, what he hath given. And as for M&horfill; who had his Commission from King James, if his Place be not rendered Vacant by his Masters having forefaulted the Crown, nothing will or can render it so.

Fifthly, If these Gentlemen having heretofore Lords of the College of Justice, hindreth the late Vacan_cy from being accounted total; then His Majesties nomi_nating them afresh, was not only superfluous in it self, but an injury unto them. For it was the bringing them to hold that by a new Title, which they had a claim unto, and ought to have been accounted possessed of by an ancient Right. Nor are they obliged for their Places to His Ma_jesties Grace and Bounty, but to his Justice. Sixthly, The very form of the presentation by which their nomination is signified, shews that the Vacancy was taken to be total. For it being the constant Custom in all single vacancies, that the name of the Person succeeded unto, as well as his who is to succeed, be equally expressed in the Pre_sentation, and there being no such form, but the contra_ry observed in these Gentlemens Case, it is an Argument that His Majesty took the Vacancy to be total, whatsoever his President, Secretary and Advocate do. Seventhly, In all Cases where the Vacancy is not Universal, the Pre_sentation of those named by the King, is directed to the College of Justice, or the Actual Lords of Session, and so our Laws ordain and provide it should be. But the Presentation of those now named to be received and ad_vanced unto the Administration of Justice, or at least of most of them, was directed to the Earl of C&horfill; who ne_ver was a Lord of the Session, nor yet is: Which is an Evidence, that the holding the late Vacancy not to have been total, was not an Opinion they were led into by truth, but by necessity, and that they have only espoused it to justifie what hath been illegally done. It is yet fur_ther alledged by these cunning Men, that have first en_deavoured to mislead His Majesty, and now seek by what pretences they may best defend that which they have done; That though, by the Ancient Laws, the King was only trusted with the nomination of the Lords of the Session, and the tryal and approbation of them was lodg_ed elsewhere; Yet that by Act, 11. Parl. 1. Charles the Second, the sole choice and appointment of the Lords of the College of Justice is given unto and setled upon the King. But surely they who make the exception must be Men either of very weak understandings, or of very bad consciences, and they must think they have to do with a very credulous sort of People, whom they may bubble in_to the belief of any thing, though never so false and un_reasonable, otherwise they would never talk at so ridi_culous and impertinent a Rate. For, First, there is no_thing granted unto the Crown by that Act, but what was its ancient and undoubted right: instead of setling any new Prerogative upon the King, the Parliament does only there declare what was anciently the Inherent Pri_vilege of the Crown, and an undoubted part of the Royal Prerogative of the Kings of that Kingdom: Which I am sure that the trying, approving, and accepting or rejecting, those nominated for Lords of Session never was, that having been by so many preceding Acts of Par_liament, which we have mentioned, setled and vested in other hands. Secondly, Whatsoever can be supposed to be granted unto the Crown by Act 11. Parl. 1 Charles the Second, it doth as much affect as single Vacancy as a total; the words being, That it is an inherent Privilege of the Crown, and an undoubted part of the Royal Prerogative of the Kings of Scotland to have the sole choice of the Lords of Session. Which can import no more, save that they have the sole nomination of them, but not the tryal of their qualifications, seeing all along since, both in that Reign, and in the next that ensued, the examination and accep_tance or refusal of those that were recommended by the two last Kings upon emergent Vacancies to be Lords of the College of Justice, were always certified to the Actu_al and Sitting Lords of Session, to be by them tryed, and admitted or rejected as they could see cause. Thirdly, What the Gentlemen who make this Exception would give the Crown with one hand, they take away with the other. For while they would Preclude the Parliament from taking notice of the qualifications of those, who up_on a total vacancy are nominated by the King, under a pretence that the sole choice of the Lords of Session, is by the forementioned Statute Declared to be an Inhe_rent Priviledge of the Crown: They at the same time seek to skreen and vindicate themselves from the Violati_on of the other Laws that prescribe the method of try_ing and approving those who are nominated now by His Majesty for Lords of the College of Justice, by alledg_ing, that S&horfill; N&horfill; and M&horfill; are both in a capacity through having been formerly Judges, and are commissionated to try and approve them. Fourthly, All that some apprehend to be contained in the 11 Act Parl. 1. Charles the Second, is wholly Narratory, and no part of it Statutory, at least so far as our concernment lies in it, and as we are therein referred unto other Acts for the know_ledge of what is Statuted and Ordained: So upon our ap_plication unto, and consulting of Act 2. Parl. 1. Charles 2. all we find there enacted is, That it is an inherent Privi_lege of the Crown, and an undoubted part of the Royal Pre_rogative of the King, to have the sole Choice and Appoint_ment of the Officers of State and Privy Counsellors, but that he hath only the Nomination of the Lords of Session, as in former times preceding the year 1637. and what that was we have already shewed, and do find it to be so far from interfering with, or derogating from what the Parliament doth now insist upon and demand, that it both warrants and justifieth it. I may fifthly subjoyn, That upon sup_position that the Act 11. Par. 1 Charles the Second were Statutory, which it no ways is; yet there is a later Act pass'd in the said first Parliament of King Charles the Second, though unprinted, yet upon Record in our Re_gisters of Parliament, and which was purposely made for the Regulation of the College of Justice, and about the admission of the Lords of Session, as the very title and rubrick bears; wherein all that we find Enacted, is, That the King, instead of having the sole choice of the Lords of Session, shall only have the Nomination of them, as the Crown stood possessed of it in times before the year 1637. and that their admission in all times to come shall be according to the Laws and Acts which were in be_ing before the year which we have already mentioned. So that fancy what they will beyond this, granted unto the King by Act 11. yet it is all withdrawn, and reas_sumed from him by this later Act of April the 5th.

All that now remains to be further added on this Sub_ject, so far as concerns the controversial part, is to in_quire whether the King hath at all times the sole Power and Right of chusing and appointing the President of the Session? And we presume with all humility to say, that by the Laws of the Kingdom, and according to ancient Practice and Custom, he hath it not, nor can he legally lay claim unto it, seeing by Act 93. Parl. 6. James 6. Anno 1579. It is Statuted and Ordained, That the Presi_dent of the College of Justice shall be always chosen by the whole Senators of the said College. Which Statute is confirmed by Act 134. Parl. 12. James 6. wherein it is expresly de_clared, That the King with advice of the Estates, doth rati_fie and approve all the Acts made either by his Majesties Predecessors, or by his Highness himself before, upon the Insti_tution of the College of Justice, and the Reformation of the abuses thereof. Nor can it be denyed, but the appointing that the President should be chosen by the whole Sena_tors, was designed as the Reformation of an Abuse in the College of Justice, which either had not been pro_vided against, and obviated in the first Institution of the Session, or which had crept in afterwards. And as this was the Law about the Election of the President, so the Pra_ctice was always conformable thereunto, until that my Lord S&horfill; came to be constituted President by King Charles the Second, and was illegally obtruded upon the Lords of Session, without the being either chosen or ap_proved by them. For from the time of the making the Act until then, there was not one that had ever sate Pre_sident, but who had been chosen by the Lords of the College of Justice, except Sir John G&horfill;, who upon being nominated and recommended by the King in the Case of the total Vacancy Anno 1661. was approved and confirmed by the Estates in Parliament. But for the Lord P&horfill;, the Lord U&horfill;, the Lord C&horfill;, Sir Robert S&horfill;, and the Lord D&horfill;, who were all that had been President from 1579. until 1661. they were every one of them chosen and admitted by the Lords of Session. Nor is it unworthy of Remark, that the Lords of Session, upon every Election they made of a President, declared that they did it in conformity unto, and in pursuance of the Act of Parliament. And as King Charles's departing from the Law in this particu_lar, was one of the first steps towards arbitrary Power, so it was both in order to farther Incroachments upon our Laws and Rights, and prepared the way for most of the Tyranny that he exercised afterwards. And as S&horfill; assuming the Office of President, upon the illegal choice of the aforementioned King, was both an Affronting, and Betraying of the known Laws of the Kingdom; so his whole Behaviour in that Station was of one piece and complexion with his entring upon it, being a con_tinued Series of Oppression and Treachery to his Coun_try. For besides that all his Verdicts between Subject and Subject, were more ambiguous than the Delphick Oracles, and the occasion of the Commencement of in_numerable Suits in place of the determining of any; he was the principal Minister of all L&horfill;'s Arbi_trariness, and of King Charles's Usurpations. Nor was there a Rapine or Murder committed in the Kingdom under the countenance of Royal Authority, but what he was either the Author of, the Assister in, or ready to justifie. And from this having been a Military Com_mander, for asserting and vindicating the Laws, Rights, and Liberties of the Kingdom against the little preten_ded Invasions of Charles I. he came to overthrow and trample upon them all in the quality of a Civil Offi_cer under Charles II. Nor is there a Man in the whole Kingdom of Scotland, who hath been more accessary to the Robberies and Spoils, and who is more stained and died with the Bloody Measures of the Times, than this Lord S&horfill;, who his Majesty hath been impos'd upon to constitute again President of the College of Ju_stice. And as an aggravation of his Crimes, he hath perpetrated them under the vail of Religion, and by forms of Law; which is the bringing the Holy and Righ_teous God to be an Authorizer and Approver of his Villanies, and the making the Shield of our Protection to be the Sword of our Ruin. But there being some hopes that the World will be speedily furnished with the History of his Life, I shall say no more of him, but shall leave him unto the expectation and dread of what the famous Mr. Robert D&horfill; foretold would befal them him in his Person and Family, and of which having tasted the first Fruits in so many astonishing In_stances, he may the more assuredly reckon upon the full Harvest of it. And the Method he hath late_ly begun to steer is the most likely way imaginable to hasten upon him and his, what that Holy, and I might say, Prophetical Man denounced against them. For whereas the Nation would have been willing upon his meer withdrawing from Business, and not provoking their Justice by crouding into the Place in which he had so heinously offended, to have left him to stand or fall at the great Tribunal, and to have indempnify'd him as to Life, Honour and Fortune here, upon the conside_ration of his having co-operated in the late Revolution, and of his having attended upon his Majesty in his com_ing over to rescue and deliver the Kingdoms from Pope_ry and Slavery: He seems resolved to hasten his own Fate, and through putting himself by new Crimes out of the Capacity of Mercy, to force the Estates of the Kingdom to a punishing of him, both for them and for the old. But to return to what we are upon, about the Right of Electing a President of the Colledge of Justice: It is excepted, to what hath been said, in proof that the Power is by Law in the Lords of Session to choose their own President; that Sir John G&horfill;, was, upon King Charles the Second's nomination, approved and confirmed in Parliament, Anno 1661. which was a divesting of the Lords of Session of it, and a vertual rescinding all the Laws by which that Power had been settled upon them: To which I have seve_ral things to reply, that will discover both the Imperti_nency of the Objection, and the Treachery of those who have insinuated it to the King.

First, It is acknowledged in the very Exception, that the sole Choice of Sir John G&horfill; as President, was not in King Charles, seeing the Parliament had the Appro_ving, Allowing, and Admitting of him, which makes that case to differ very much from the Present In which the choosing of the President is not only taken away from the Lords of Session, but the approving and admitting of him is denyed to the Estates of the Nati_on in Parliament assembled.

Secondly, What was done in Ordaining Sir John G&horfill; President, was not a repealing of the Laws, by which the Choosing of the President is vested in the Lords of the Session, but was at most only a dispensing with them in that extraordinary case of a total Vacancy, and in reference unto a Person of a most unspotted In_tegrity, and unparalleled Knowledge in the Laws. Nor will any Man, pretending to acquaintance with Parliamentary Customs and Proceedings, reckon that a Law is therefore rescinded and abrogated because the Par_liament hath seen reason to supersede it in a single In_stance, and in a particular case. Laws once Enacted and established are never accounted to be abrogated, un_less by particular future Laws formally repealing them, or by posterior general Statutes inconsistent with, and destructive of them. Nor do Two or Three particular Instances, varying from, and repugnant unto them, bring them so much as into disuse and desuetude; but even in order to that, there must be immemorial Prescription against them, and that without being disallowed or complained of in Parliament.

Thirdly, What the Parliament did, Anno 1661. in the Case of Sir John G&horfill;, it was not properly done by them in their Legislative capacity, but as a part of the Supream Authority of the Kingdom, concurring with the King in an Act and Deed of the Supremum imperium, and illemited Power of the Government, which the appointing of Judges for the equal administration of Justice came to be at that season and conjuncture, by reason of the total Vacancy, and the impossibility that thereupon ensued of Choosing and Ordaining the Lords of Session, whereof the President is always one, in the ordinary Legal and Established Methods. What the King and the Estates of Parliament did in the case of that Vacancy of the Colledge of Justice, was much of the Nature of, and parallel unto, what the Estates alone have done upon the late Vacancy of the Throne; where_in they acted not in the way of a Legislative Body, but in the Vertue of that illimited Power which resided in them, as Representatives of the whole People, and who knew no other Measures whereby to act, but what lay most in a tendency to the Publick Safety.

Fourthly, The King's having a Right to choose the President of the Session, is disclaimed and ridicul'd by those very Persons that have advised him to challenge it: For my Lord S&horfill;, in whose Favour, and in pur_suance of whose Advice, his Majesty hath claimed a Right, and exerted an Authority of appointing a Presi_dent, hath, by the Method of his entring upon that Office and Station, renounced the Legality of his Majesty's acting in that particular, and declared that he holds not his Place by vertue of the King's Choice and De_signation. For after he had prevailed upon the King to elect and send him down President of the Session, the first thing he did at their Meeting, and that in order to the throwing the blame upon his Majesty of all that had been transacted before, was to wheedle that over_aw'd and pack'd Bench, to choose him for President of the Colledge of Justice: which as it shews the Disloy_alty and Treachery of the Man, so it testifieth and pub_lisheth his Folly. For how could they be in a capaci_ty as Lords of Session to choose him for a President, that were not antecedently, legally, tryed and appro_ved themselves? And who knowing their own unquali_fiedness, both as to Literature and good Fame, made his Majesty's having nominated them, an excuse from their undergoing a Tryal. For though it be both re_quired by the Laws, and was accordingly given out all along here, that they should be tryed; yet Five of them being conscious unto themselves how little they answered the Qualifications prescribed in the Statutes, refused to submit to be examin'd, under a Pretence that they would not thereby weaken his Majesty's Right and Authority in his having elected them. And thus the King's Authority is doubly exposed, by those who call themselves the Ordinary Lords of Session, in excusing themselves from a Tryal, which was never designed they should do, seeing S&horfill;, M&horfill; and N&horfill;, were both appointed, and said to be in capacity to examine them: And then by him who is stiled President, through its being made a Stale for his obtaining the Name, and renounced for the Choice of the Bench, as that which alone must give him a Legal Title. Whereas if the King's Choice of him be not according to Law, and sufficient to justifie his entrance upon his Office, Why did he abuse his Majesty in telling him that it was? And if it be the King's Right, and a part of his Pre_rogative, to elect the President, Why hath he sacrificed his Majesty's Honour, and given away his Legal Pow_er, in the submitting to hold the Office by any other Tenure? Howsoever we are come to be Gainers by this Carriage of S&horfill;, how much soever the King is a looser by it. For his surendring from the King the Right of choosing a President, is a Vindication of the Justice of the Parliaments Vote and Demand. Besides, here is an end put to that Pretence which they have been endea_vouring to sham upon the World, viz That S&horfill; was only restored to the Presidency of which he was vio_lently dispossessed, and that he was not chosen unto it as unto a Place whereunto he had not a Right. So that either the Choice made at Edinburgh overthrows the Plea used at London, about his beeing meerly restored; or else that whereby they do here seek to justifie his Majesty's Proceedings in reference to S&horfill;'s being Pre_sident, condemns what the Proteus hath there betaken himself unto, of being elected by those called the Lords of the Colledge of Justice. To which I shall only add, That as he was never legally President before, so he is as little President now. His assuming the Office then, when he was not chosen by the Bench, as the Law or_dains, made him an Usurper; and his entring upon the Place again, upon the Choice of those that are not Judges, by reason of their not being tryed as the Statutes appoint, leaves him under the same Crime and Imputation.

So that having now dispatched, all that is either Histo_rical or Argumentative about the several Heads in diffe_rence between the Parliament of Scotland, and a few un_advised and ill designing Men about His Majesty: I shall shut up this Discourse with some Political Reflections up_on the whole. Whereof the first is, That it is not the having barely a good King that renders a People happy, but much of it must arise from his having good Ministers about him. For no Nation had ever a better Prince than we at pre_sent have, and yet we find there is cause of complaint, by reason of the Ill Counsellors that possess his ear. We do not think that he entertains them out of choice, yet that will not give his People ease, though it may for a while sup_press their Murmurings. His Majesties being so little ac_quainted with Men at his first coming over, might lay him open to be misled in the choice of His Officers: But to continue to use them after he hath had sufficient means as well as opportunity of knowing their Characters, will leave an imputation not only upon his Goodness, but upon his Wisdom. For as the People have no other way of judg_ing the goodness of their Prince, but by finding his Of_ficers and chief Ministers to be such: so if these be not, they may possibly acknowledg William to be a good Man, but they will never believe that the King is so. And Machi_avel's observation, That a wise King will always find wise Ministers, is no more than what every Man is perswaded of upon the first Principles of Reason, and of common sense. I do acknowledg, that ill Men have ways of thrust_ing themselves upon Princes, which they that are vertu_ous think too unworthy and below them to use. For where_as the later are always modest, and seek no recommendations but from their own Merit; the former are importunate, & can both flatter & bribe Favorites to speak well of them. It was a severe Prediction as well as Observation, which the late Prince of Conde made upon the News of King Charles the Second's Death, and of his Brothers succeed_ing him, viz That he was like to be well served, through having none about him, but his own Fools, and his Pre_decessors Knaves. How many Wise-Men then imagine his Present Majesty is like to be served, who though he hath not the Fools of the last Reign about him, yet he hath both the Knaves of that and of the former? Nor is it of any great advantage at least to Scotland to be deli_vered from the Fools of the last Government, seeing there are weak Men enough besides those, and some of them trusted with the chief conduct of the Scotch Affairs. For how else could it be, that of all the Publick Orders re_mitted thither, there hath not been one, which either the meeting of Estates, the Parliament, or the Privy Coun_cil have not voted to be illegal? In reference unto which, as we do acquit the King from all blame, seeing he can_not be supposed to be acquainted yet, either with the Scotch Laws, or with their Forms, and does only sign what others prepare for, and offer unto him; so we are not wil_ling to ascribe it so much to the Treachery and Malice of his Minister, as to his simplicity and weakness: Who though he may possibly be an honest Man, and indifferently versed in common Affairs, yet he hath no great knowledge of the Laws, and is but a Puny in the Politicks, by reason of which he comes to rely upon other Mens advice, who in_stead of instructing and assisting him to serve the King, make him a Tool for promoting ends and designs di_rectly opposite to His Majesties Service and Interest. But then I should observe, Secondly, That one illegal stop doth lead to many: Nor is one Arbitrary thing to be suppor_ted but by another. It hath been hitherto taken for an undoubted Truth, That though the Estates Assembled in Parliament have not alone a Legislative Power, so as to enact Laws without the King, yet that they have the Supream and Uncontrovertible Power of declaring the Meaning, and Sense of those Laws that are already En_acted and Established. So that when the Parliament hath once declared the Sense and Meaning of any Law, all Courts of Judicature, as well as particular Persons, are bound to acquiesce in their explanation of that Law. And to divest the Parliament of this, is to strip them of one of their chiefest Priviledges, and to detract from and di_minish their Authority, which is Treason by Law of Scotland. For it is expresly declared by Act 130. Parl. 8. James 6. That whosoever in time coming shall take upon him, to impugn the Dignity and Authority of the three Estates, or shall seek or procure the innovation or diminution of the Power and Authority of the Three Estates, or of any of them, shall be guilty of Treason. Yet when the Present Parliament had de_clared the sense of the ancient Laws to be, that the King in a total Vacancy could not appoint Judges without their be_ing admitted by Parliament, the advance that had been made against our Laws, in His Majesties assuming a Right of Electing and Authorizing them, hath been se_conded with an impugning, despising, and subverting that Authority of Parliament which we have been speaking of. Nor hath the Invasion upon Parliamentary Rights and Priviledges terminated here, but there hath been a further assault made upon them, both by the Councils as_suming the Cognizance of that, which was lodged before the Parliament, and by their Actings determining in it contrary to the Vote, and Declaration of the Estates, who are the Supream Judicature, and in conjunction with the King, the only Legislative body of the Kingdom. For it is an unquestioned Maxim, That when a matter is once brought and tabled before the Parliament, so as they have laid their hands upon it, it is not afterwards to fall under the Cognizance, or Determination of the Council, or of any inferior Judicature, unless remitted expresly unto them by the Parliament it self. And therefore the Parliament having given a stop to the open_ing of the Signet, and to the sitting of the Session, till the King's further pleasure was made known to them, and until that matter should be brought to such an Accomodation, as was consistent with the preserva_tion of the Laws of the Kingdom, it was a high In_vasion upon the Authority and Jurisdiction of the Par_liament, for the Council to meddle in it. But this they were aw'd unto by those who had given the King ad_vice to chuse the Lords of Session and President, and who knew no way to justifie one illegality but by another. Yea, our Ministers, in order to make the first Act of In_vasion upon the Laws which they had thrust the King upon successful, and to prevent their receiving a baffle upon their first setting out on the road of Arbitrariness, sent menacing Letters to those that were nominated Lords of Session, threatning them with ruin if they did not sit at the time they were appointed; and had it not been for those Letters, several had forborn to act, as knowing they could not lawfully do it. And as the send_ing those Letters sheweth that the Ministers here were convinced that they had counselled the King to an ille_gal Thing, but which was to be supported in the same manner: So these Gentlemen of the long Robe, who contrary to their own Judgment, were influenced to sit, and to transgress known Laws, have declared how Un_worthy and Unqualified they are to be received and approved by Parliament, as Lords of the College of Ju_stice. And to Crown all these Miscarriages in Go_vernment with one more, his Majesties Ministers being fully sensible, that they whom they call Lords of Session, were neither legally appointed, nor could legally meet and sit, they therefore resolved forcibly to support what they had unjustly begun and done; and accordingly, a_gainst the day and time those Gentlemen were to sit, they ordered all the Forces, which were drawn in unusual Numbers about Edenburgh, to be in a readiness upon beat of Drum, that what they had Arbitrarily begun, might be Violently maintained. Which as it was an applying, and using of his Majesties Troops, upon a much differing Design, than that for which the Parliament had consent_ed to their being raised and paid: So it had been much more for his Majesties Honour, and the Benefit of his Kingdom, that they had been all imploy'd against Cannon, who is still making Inroads, and committing Robberies upon several of his Majesties Loyal Subjects; and who by the ill Conduct and treasonable Counsel of some of his Majesties Ministers, seems to have connived at and forborn, since the last defeat that was given him, for no other reason, but that there may be a stand for other Rebels in due time to go unto. But that which I would observe, Thirdly, and in the last place, is, That his Ma_jesty for his own Honour and Safety, and for the Peace and Welfare of his People, ought to make some Change and Alteration of his Ministers. For it is evident, That they who are imployed as Instruments of Oppression, Ra_pine and Murder, under an ill Government, can never be of use unto, nor for the reputation of a good. It is e_vident, That he is betrayed, nor is it so difficult to know by whom, and how. For Things speak, when Men either dare not, or will not. And Advices are not to be judg'd of by the Quality and Profession of the Persons that give them, but by the tendency of the Counsels that are gi_ven. For example, They cannot design well unto his Ma_jesty, who tell him, That he must not make haste to con_quer his Enemies, until he have first screw'd up his Pre_rogative; and that he is to improve the dread his People are under of King James, for wresting from them what he can, before he attack him. Again, they cannot intend his Majesties Interest, who would have him overlook the Crimes and Treasons that are daily committed against him, seeing the conniving at Rebels can only be to in_courage Rebellion. Again, they who advise him to be King only of a Party, and not of the whole People, have a mind he should be King of none. And to counsel him either not to use those in his Service who are both wil_ling to serve him, and would do it with the utmost Fide_lity; or to use those whose Carriage speaks them to be in the Interest of his Enemies, it is to have him betrayed instead of being served. Nor can they be for his Con_tinuing upon the Throne, who would have hindred his Ascent unto it. And whosoever embarrasseth him with his Parliaments, and by it retards Succours for the Sup_port of the War, can mean no less than that his Majesty and his Kingdom should become a Prey to King James, and to his Brother of France. And they who counsel him to go on where his Predecessor left off, have a mind to see a new Abdication, though they were not for the Old. But what might be said upon this Head, requireth rather an intire Discourse, than to be confined unto a short Remark. And therefore all I shall add is, That as his Majesty must be infallibly lost, without a speedy Change as to some of his Ministers, so he needs not to fear them, if they be but once thrust out of his Councils; seeing all the hurt that they are able to do him, is through their being there. And if he will but own himself, and assert his own Interest, he will have enough of those to stand by him, who have no Interest but what is his.

&horbar FINIS &horbar |CPO |Y1690 AN ANSWER To the PAPER Delivered by M&rsup; ASHTON at his Execution TO Sir Francis Child: SHERIFF of London, &c. Together with The Paper it self. &horbar &horbar LONDON: Printed for Robert Clavell; at the Peacock in S. Paul's Church-Yard. 1690. &horbar &horbar M&r.sup; Ashton's Paper.

Mr. Sheriffe,

HAVING observed that the Methods of making Speeches at the place of Execution was not alwayes attended with the designed Success; And thinking it better to imploy my last Minutes in Devotion and Holy Communion with my God; I have prepared this Paper to leave in your Hands, as well to assert my Principles as to testifie my Innocency. As to my Religion I professe, by God's Grace, I dye in the Faith into which I was baptized, that of the Church of England, in whose Communion (nothing doubting of my Salvation thro the Merits of my Saviour) I have alwayes thought my selfe safe and happy; according to her Prin_ciples and late much esteemed Doctrines (tho now unhap_pily exploded) I have regulated my Life, beleiving my selfe obliged by my Religion to looke upon my rightfull law_full Prince (whatever his Principles were or his Practises might be) as God's Vicegerent, and accountable (if guilty of Male-administration) to God only, from whom he receiv_ed his Power, and alwayes beleiving it to be contrary to the Laws of God, the Church, and the Realme, upon any pretence whatsoever to take up Arms against him, and let all the World take notice, in this Beleife I dye. But I have more particular Obligation to the King my Master, whom I have honour to serve, and received many signal Favours from for sixteen years past, so that Gratitude (a thing not much esteemed at this time) as well as Duty and Religion Com_manded the utmost Service I could pay him; and when I add these Considerations that we were born his Liege Sub_jects, that we have solemnly professed our Allegiance, and of_ten confirmed it with Oaths, That his Majesties Usage after the Prince of Orange's arrival was very hard, severe, (and if I may so say) Unjust; And that all the new Methods of settling this Nation have hitherto made it more miserable Poor, and more exposed to Foreign Enemies. And the Reli_gion we pretend to be so fond of preserving, now much more than ever likely to be destroyed: There seems to me no way to prevent the Impending evils, and save these Nations from poverty and destruction, but the Calling home our Injured Sove_reign, who as a true Father of his Country has (notwithstand_ing all his Provocations and Injuries) a natural love and ten_derness for all his Subjects, and I am so far from repining at the loss of my life, that had I ten thousand I should think my self obliged to sacrifice them all rather than omit any just and honest means to promote so good and necessary a work; and I ad_vise and desire all my fellow Subjects to think of their Duty and return to their Allegiance, before the severe Judgment of God over_take them, for their Perjury and Rebellion, but certainly the good and Interest of these Nations, abstracted from all other Considera_tions, will ere long convince them of the necessity of doing it.

Having thus frankly declared my Principles, I know the Infe_rence will be, that I have acted accordingly and consequently that am I now justly condemned; but as I ingenuously own the Premisses, so as I positively deny the Consequence; for whatever my Inclinations or Actions have been, yet, as to the Matter I was sentenced to dye for, I declare my self innocent, and will appeal to the Judges themselves, whether or no, upon my , there appeared the least proof that I knew a tittle contained in the Papers, but Presumption was, with the Jury, thought sufficient to find me guilty, tho I am told, I am the first Man that ever was condemned for High Treason upon bare Suspicion or Presumption, and that contrary to my L. Coke's and other eminent Lawyers Opinions. The knowledg of my own Innocency, as to the Indictment and Charge against me, was that that armed me with so much assurance, and occasioned my casting my Life upon the first Twelve Men of the Pannel, without chal_lenging any. But tho I have, I think, just reason to complain of the severe Charge given by the Judges, and hard measure I have received, not to mention my close Imprisonment, the hasty and violent Proceedings against me, nor the Industry used in the Return of fitting Persons to pass upon me, the denying me a Copy of the Pannel, &c. Yet, as I hope for Pardon and For_giveness at the hands of my God, so do I most heartily pray for, and forgive them, and all my Enemies, all the World, nay even that Judg and Jury-Man who did so signally (contrary to common Justice) expose themselves to destroy me. But let the Will of God be done: I rely wholly upon his Mercy and the Merits of my blessed Saviour for Salvation, I do chearfully and entirely resign my self into his Hands, as into the Hands of a faithful Creator, in sure and certain hopes of a happy Resur_rection. Bless, protect, and strengthen, O Lord God, my good and gracious King and Master; in thy due time let the Virtue, Goodness, and Innocency of the Queen, my Mistress, make all her Enemies blush, and silence the wicked and unjust Calumnies that Malice and Envy have raised against her; make her and these Nations happy in the Prince of Wales, whom from unan_swerable and undoubted Proofs I know to be her Son; restore them all when thou seest fit to their just Rights, and on such a bottom as may support and establish the Church of England, and once more make her flourishe, notwithstanding the Wounds hath received of late from her prevaricating Sons.

Forgive, forgive, O Lord, all my Enemyes, bless all Friends, comfort and support my deare afflicted Wife, and poor Babes, be thou a Husband and a Father to them; for their sakes only I could have wished to live; but pardon that Wishe, O good God, and take my Soule into thy everlasting Glory. Amen.

Jn Ashton. &horbar The ANSWER.

THE Paper which passeth under the Name of Mr. Aston's SPEECH seems to me to be com_posed with too much Art and Care to be the Work of one who professeth, he thought it better to employ his last minutes in Devotion: And if he was so illiterate and unskilled in the Law, as he said at his Tryal, Fol. III. one may justly wonder not only at such Terms as Impending, Pre_varicating, Premisses, and Consequence, &c. but at such a pe_remptory Judgment as he gives about the Laws of the Realm, in a Case that must be acknowledged by all ingenuous men of his own Party to have a great deal of Difficulty in it.

But there are some Men who think to bear down all others by their Confidence, and would have it taken for granted that the whole Nation (themselves excepted) is under the guilt of Perjury and Rebellion.

These are the modest Terms in this Speech, which at least do not become the Charity of one just going out of the World. Therefore I rather believe it to be drawn up by some Persons of more Art and Leisure; who thought it best to convey their own Sentiments (as they call them) under the more popular Name of one who suffered for their Cause.

But the Weight of what is said doth not depend on the Person, and therefore I shall calmly and impartially consider the Things themselves and shew how unjust and unreasona_ble the Insinuations are which respect the present Government, and all such who act in Obedience to it.

There are two Things this Paper is said to be design'd for, to assert his Principles and to testify his Innocency. For his Principles he professeth, that he dyes in the Faith and Communion of the Church of England. And he might have lived longer in both if he had pleased; for I cannot see how the Faith and Communion of the Church of England obliged him to do that for which he suffered: But, by the Faith of the Church of England he means the Doctrine of Passive Obedience. Be it so: however he suffered not for his Passive Obedience, but for the want of it: If he had regulated his Life by this Prin_ciple, he had preserved it; yet he saith he did so, and dyed for it. There must be certainly then some great Mistake a_bout the Doctrines and Principles of our Church. I alwayes thought those are to be found in the Articles and Constituti_ons of it. Which of these did he suffer for?

They are, he saith, her Principles and late much esteemed Doctrines tho now unhappily exploded.. I know of no Doctrines or Principles of the Church of England which are exploded among us; and therefore this is unhappily insisted on by a dying Man, unless he had given some Proof of it.

Well; but he believed himself obliged by his Religion to look upon his Rightful, Lawful Prince (whatever his Principles were or his Practices might be) as God's Vicegerent, and accountable to God only, from whom he received his Power. All this he might have done, and have been alive still; for the Matter in dispute is not whether Rightful, Lawful Kings are to be obeyed, but who in our present Circumstances is our Rightful, Lawful Sovereign; not whether Kings be not God's Vicegerents, but whether God doth not sometimes confer the Right of Sovereignty by a Law superiour to the Laws of par_ticular Countries, that is, by the Law of Nations, which esta_blisheth such a Right upon the success of a just War; not whether Sovereign Princes are not accountable only to God, but whether Allegiance be not due where the Rights of Sovereign_ty are placed, by an extraordinary Act of Providence and the concurrent Consent of the Nation. But he goes on; And alwayes believing it to be contrary to the Laws of God, the Church, and the Realm, upon any Pretence whatsoever to take up Arms against him, and let all the World take notice in this Belief I dye. I had much rather have taken notice that in this Belief he lived; for I see no Reason of his dying for it. For, why must a Man be said to die for not taking up Arms, who was Con_demned to die for a Design just contrary, viz. for the subvert_ing the present Government by Domestick Insurrections and Foreign Power?

So that the Question is not about Passive Obedience but to whom it is due; I grant that the Laws of God and of the Realm are to determine the Measures of our Obedience; but here lies the only Point, whether the Rights of Sovereignty may not be transferred by the success of a just War and the Con_sent of the People: For if they may, then according to his own Principles he suffered justly. And if the Directors of his Conscience did not speak to this Point, they led him into a dangerous Error, and have been too much the Occasion of his suffering.

Therefore to clear this whole Matter, and to prevent the like Mistakes in others; I shall endeavour to state the present Case of our Government, so as to shew both that it is our Duty to submit to it, and that no Principles or Doctrins of the Church of England are violated thereby.

To do this, we must of necessity look back to the Occa_sions of this great Revolution: And there were two principal Occasions of it.

First, Great and violent Presumptions of an Injury to the Right of Succession.

Secondly, Too great Evidence of a formed Design to sub_vert the established Religion and Civil Liberties of the Nation.

Now there are two very material Questions which arise from hence.

First, Whether these were the just Occasions of a War?

Secondly, Whether upon the success of this War the Rights of Sovereignty were duly transferred?

If these were just Occasions of a War, and upon the Suc_cess thereof the Sovereignty was duly transferred, then there can be no Dispute left to whom our Allegiance is due.

It is taken for granted by all who understand these Mat_ters, that as there is a Law of Nature, which determines the Rights and Properties of particular Nations; and that all pri_vate Persons are bound to submit to the municipal Laws of those Societies for their Peace and Security: So there are other Laws which concern those Nations, as they make up several independent Governments upon each other. And there are se_veral Rights which belong to them with respect to one ano_ther, which do not belong to private Persons as they live in subjection to any particular Government.

And as there are such Rights, so there must be a just and lawful way for Reparation of Injuries. In particular Govern_ments, the thing is plain by established Laws and Courts of Judi_cature, whose Sentence is Executed by the Civil Power; but in Separate Nations and Independent Governments, al_though there be Laws by consent called the Law of Nations; yet there is no common Judicature to determine of Right and Wrong, and therefore in case of Injury there is an al_lowance for the injured Party by this Law of Nations to Right himself by Force, as there would be to every particu_lar Person, if there were no Laws nor Power to see them executed.

There is then a Right in every Sovereign and Indepen_dent Prince to exercise Force against another Prince, who detains any Right from him, or doth any Injury to him, or to those he is bound to defend.

The Question then comes to the Just Occasions of such a War, and here are two assigned,

First, great and violent Presumptions of an Injury to the Right of Succession. This is expresly mentioned and insisted on, in the Declaration of the then Prince of Orange (our present King) in these Words &horfill; "But to crown all, there are great and violent Presumptions inducing us to believe that those evil Counsellors, in order to the carrying on of their ill designs, and to the gaining to themselves the more time, for the effecting of them, for the encouraging their Complices, and for the discouraging of all good Sub_jects, hath published that the Queen hath brought forth a Son; tho there have appeared both during the Queen's pretended Bigness and in the manner in which the Birth was managed, so many just and visible grounds of Suspi_cion, that not only we our selves, but all the good Subjects of these Kingdoms do vehemently suspect that the pre_tended Prince of Wales was not born of the Queen: And it is notoriously known to all the World, that many both doubted of the Queens Bigness, and of the Birth of the Child, and yet there was not any one thing done to sa_tisfie them and to put an end to all Doubts. And since our Dearest and most entirely beloved Consort, the Prin_cess, and likewise we our selves have so great an Interest in this matter, and such a Right as all the World knows to the Succession to the Crown &horfill; And since the En_glish Nation hath ever testified a most particular Affecti_on and Esteem both to our Dearest Consort and to our Selves; We cannot excuse our Selves from espousing their Interests in a matter of such high Consequence, and from contributing all that lies in us, for maintaining both of the Protestant Religion, and of the Laws and Liberties of those Kingdoms, and for the securing to them the conti_nual Enjoyment of all their just Rights.

Here we have an Hereditary Right to the Crown asser_ted both remoter in Himself and nearer in the Queen, who was unquestionably the next, if there were no Heir Male: It was possible this Right might be really defeated by a Prince of Wales, and it was possible it might be pretended to be so when it was not: For there have been many In_stances in History of suborned and supposititious Princes, and therefore there was reason that sufficient Evidence should be given in a Case of such Importance and which was un_der so great Suspicion. But if there was no reasonable care taken to prevent or remove these Suspicions, then the Par_ties most concerned have a Right to assert their own Pre_tensions in such a way as the Law of Nations doth allow.

And in this Case no private Depositions or confident Affir_mations of such as are Dependents or otherwise liable to Suspicion, can in Reason be taken for satisfactory Evidence; for let any one consider what the Laws of Nations have thought fitting Evidence in a Case of this Nature, and he will soon find how very much short such proofs are of what the Nature of the Thing hath been thought to require &horfill; The Civil Law is very strict where there is any occasion of Suspicion.

D. 25. Tit. 4. "It requires notice to be given twice a Month to the Parties concerned that they may receive full satisfaction, That the Mother is to be kept in a House by itself: That thirty Days before she expects to be delivered, she must give Notice of it to those who are most concerned, that they may send such as they can trust to be present: that there ought to be but one Door where she is to Lie in, and if there be more, they must be done up; that at that Door there are to be Three Men and Three Women and Two Assistants: That all Persons are to be searcht who go in, especially at the Labor, at which time there must be sufficient Light in the Room. When the Child is born it ought to be first shewn to the Parties concerned, and great care is taken about the Persons in whose Hands he is put, and Satisfaction must be given from time to time that it is the same Child, and if Satisfaction be not given as to these things, the Roman Law doth not allow any Right of Possession.

By the Old Common Law of England, in case of Suspi_cion, a Writ of Inspection was allowed, the Form whereof is in the Books, and if there were any doubt, the Woman was to be put into a safe place, where no Suspicious Persons were to come near her till she was de_livered. Bract. l.2. c.32. This was then thought so reasonable a thing, that the Old Law Books have a Chapter on purpose De Partu Supposito, wherein Directions are given to prevent and discover a Subornation. Fleta l.1. c.15.

These things I mention to show what Satisfaction is ne_cessary to be given in case of Suspicion, and the higher the Persons are, and of so much greater Importance as the Succession is, so much clearer ought the Evidence to be, that no occasion of Doubt may remain: But if no such care was taken, If the principal Persons concerned had not the least Satisfaction given them; If the whole thing were managed with Secrecy and suspicious Circumstances, then I can see no Reason to exclude those who are most concern'd from a Right of demanding Satisfaction by Force of Arms.

But Mr. Ashton thinks he hath cleared this matter, when he affirms that he knows there was no Supposititious Birth by unanswerable undoubted Proofs and this is put into his Prayer, that it might look like an appeal to God as to the Truth of what he said. This is one of the boldest and most artificial Strokes of the Penner of this Speech, not barely to make him af_firm it with so much assurance, but to do it in his Prayer too. But a matter of so great Consequence is not to be de_termined upon the Testimony of any single Wittness, although he were the most competent Witness as to such a matter, which doth not in the least appear as to Mr. Ashton: For how could he know it by unanswerable and undoubted Proofs; when considering the Circumstances that were in this Case, it was hardly possible to produce such Proofs, as would pass for unexceptionable Evidence upon a Legal Trial? For there hath been such a Trial here in England within the Memory of Man, wherein the Father and Mo_ther and Midwife have all sworn to the Truth of the Birth of a Son, and yet the Jury upon hearing the whole Evidence have given Judgment that it was Supposititious. In the Case of one Robin's Child, at Hereford Assizes about An. 1668.

Therefore bare Affirmations of some Persons concerned are not Evidence sufficient in Case of strong and vehement Pre_sumptions to the contrary; and such Evidence ought to have been given as might have either prevented or removed any just grounds of Suspicion.

But since no such unanswerable undoubted Proofs were made to those who were most concerned, the same just Right doth remain to the undoubted Heir of the Crown, as it did in the for_mer Case to the next Heir at Law, who upon a fair Trial and the Verdict of the Country, recovered the Estate. But be_tween Princes there are no such ways of Trial or Courts of Ju_dicature, and therefore in such Cases the Right of War is al_lowed by the general Consent of Mankind.

Secondly, There was a further just Occasion for that Expe_dition, which was the Design to subvert our Religion and Ci_vil Liberties. As to the Particulars they are fully set down in the Declaration, and need not to be repeated; that which I am to make out is, that the then Prince of Orange by his Re_lation to the Crown had a just Right to concern himself in the Vindication of both, and that this is not repugnant to the Doctrines and Principles of the Church of England.

It was not thought disagreeable to them for Q Elisabeth to assist the Dutch against the King of Spain; yet she had no such reason for it as our King and Queen had to prevent the suppres_sion of their own Religion here, and the Rights of that Peo_ple to whom they were so nearly related. For there was nothing in her Case so considerable as the growing Power of Spain and the danger of overturning the Religious and Civil Liberties of a neighbour-People. Alberic. Gent. de Jure Bel. l.1. c.16. The Queens Professor of Law in Oxford at that time saith, that it was then made a Question by some whether Q. Elis. had just Reason for that War in assistance of the Dutch, and he resolves the Lawfulness of it upon 3 Grounds: First, That it was to pre_vent ensuing Mischief; Secondly, From the ancient Alliance be_tween the two Nations; Thirdly, That if the Dutch were total_ly vanquished by the Spaniard, they would be made Slaves un_der an Arbitrary Power. The Queen herself owned this as the Ground of her Resolution, That it was Christian Piety to relieve them who were of the same Religion which she pro_fessed, and Wisdom to prevent the pernicious designs of her Ene_mies. And in her Declaration she published this as the Rea_son of her sending Forces to the Aid of the Netherlanders, That they might peaceably enjoy their ancient Freedom.

In the latter end of the Reign of King James I. the War broke out in Germany wherein the Emperor used his utmost en_deavour to establish absolute Power and Popery together. There was occasion offered to try whether the giving Assistance against these were against the Principles and Doctrines of the Church of England. For the Prince Elector Palatine was cho_sen King of Bohemia, and sent over for King James's Advice about it: But his Designs lay then so much another way, that he had no mind he should engage in it: But the Archbishop of Canterbury in his Letter to Sir R. Naunton then Secretary of State, saith, That God had set up this Prince his Masters Son in Law, as a Mark of Honour throughout all Christendom, to propagate the Gospel and to protect the oppressed; that for his own part he dares not but give Advice to follow where God leads, apprehending the Work of God in this and that of Hungary; that he was satisfied in Conscience that the Bohemians had a just Cause; that the King's Daughter the Elector's Lady had professed, she would not leave herself one Jewel, rather than not maintain so Religious and so Righteous a Cause.

In the beginning of the Reign of King Charles the First, when I suppose it will be granted, That the Doctrins and Principles of the Church of England were understood and followed; the King of Denmark had taken up Arms, to settle the Peace and liberty of Germany, as he declared: But he met with a great Defeat. Whereupon King Charles the First thought him_self concerned to give Assistance to him: And Archbishop Laud was then employed (as Dr. Heylin confesseth) by the King's Command, to draw up a Decla_ration, to be published in all the Parishes of England; which was read by the King, and approved by the Council, wherein the Greatness of the Danger they were in is set forth, and the People are exhorted to serve God and the King, and to labour by their Prayers to divert the Danger. Life of Archbishop Laud, fol. 161. Wherein lay this Danger? It is there said to be, That by the Defeat of the King of Denmark, there was little or nothing left to hinder the House of Austria from being Lord and Master of Germany. And what then? Why then there will be an open way for Spain to do what they pleased in all the West part of Christen_dom. It seems then, it was not thought disagreeable to the Principles and Doctrins of our Church, to hinder the growth of a Western Monarchy, although it be by assisting Subjects against their Princes who promote it; And then follow these remarkable Words;

"You are to know therefore, that to prevent this is the present Care of the King and State; and there is no probable way left, but by sending of Forces, and other Supplies, to the said King of Denmark, to enable him to keep the Field, that our Enemies be not Masters of all on a sudden. And not long after &horfill; "If he be not presently relieved, the Cause of Religion is not only like to suffer by it in some one part, (as it hath already in a fearful manner in the Palatinate) but in all places where it hath got any footing. So that if we supply not presently our Allies and Confederates in this case, it is like to prove the Extirpation of true Religion, and the Replanting of Romish Superstition in the Neighbouring parts of Christendom. And the Coldness of the State shall suffer in all places, as the Betrayers of that Religion elsewhere, which it professeth and honoureth at home; which will be an Imputation never to be washed off: And God forbid this State should suffer under it. &horfill; And in the last place; "You are to call upon God your selves, and to incite the People to joyn with you, in humble and hearty Prayers unto God, That he will be pleased now, after long Affliction of his dear People and Children, to look in mercy both upon them and us; and in particular for the Safety of the King of Denmark, and that Army which is left him, That God would bless and prosper him against his and our Enemies. Thus far Archbishop Laud.

Let those who now with as much Ignorance as Confidence, upbraid Men with Renouncing the Doctrins and Principles of the Church of England, read and consider these Passages; and if any thing will make them more wise and humble, this will. Did Archbishop Laud go off from the Church of England, or King Charles the First, who both suffered for the sake of it? But some Men have never throughly penetrated into the Doctrins and Principles of our Church, but look only on some Principles in opposition to the late Times of Rebellion, and think there is nothing farther to be looked after. Whereas the Consideration is very different as to our Duties, with respect to our own Princes, and those of a more general Concern_ment as to the state of Religion and Government in the World. But from hence it is plain, that it was then thought not only Lawful, but a Duty, to prevent the dange_rous growth of such a Monarchy, which designs to suppress Religion and Civil Liberties; and not only to give Assistance to those who joyn in the same Design, but to pray God to bless and prosper it. And accordingly a Form of Prayer was then Appointed for those Dangerous Times.

Not long after this a Breach with France hapned, and the King Published a Declaration of the ground of the War; wherein it is laid down as the first Gound, "That the House of Austria Conspiring the Ruin of all those of the Reformed Religion (as plainly appeared in the Affairs of Germany) had such an Influence on the Councils of France, as to make them break Promise in such a manner, as hazarded the loss of the whole Party in Germany. The next is, "That he had broke his Articles with his Protestant Subjects, when he had been a Mediator of Peace between them, and they had done nothing to violate them. So that a Design to suppress the Protestant Religion, in a Neighbour Country, was looked on as a just Cause of War, when he was concerned to preserve it. And then another Form of Prayer was Ap_pointed to be used suitable to that Occasion; which plainly evidence, That such a Design was no ways thought repugnant to the Doctrins and Principles of the Church of England.

But since the French Conduct seems to be now admired by this sort of Men, I shall bring some remarkable Instances from them.

It is Notorious to the World what Powerful Assistance the French gave to the Confederate Pinces of Germany, against the Emperour, their Lawful Prince, and what Defence they made for this. They Published an Account to the World of the Reasons of it, and the Chief was this; viz. "That they had Reason to suspect, that from Charles the Fifth's Time the difference of Religions had been secretly supported by the Emperours, in order to their making themselves Absolute; and that the Changing the Form of Government in the Empire, was sufficient for a Neighbour Prince to interpose by force of Arms. Motifs de la France pour la guerre d'Allemagne, p. 94,95,117.

In the Revolt of Catalonia from the King of Spain, their Lawful Prince, the French King accepted of the Sovereignty over them, being offered him by the States of that Country, and caused Discourses to be written in Justification of their Transferring their Allegeance: And yet their Complaint was nothing but the Severity of the Spanish Government, and a desire of some greater Liberties than they enjoyed under it. Why then should it be now thought an Unjust thing, for a Sovereign Prince (so nearly related to the Crown of England) to espouse the Cause of our Religious and Civil Interests, when the Design was so apparent for the Suppressing them? If that Opportunity had been lost, they might before this time have been past all reasonable hopes of Recovery.

II. But suppose this were allowed; yet here is another Difficulty ariseth, concerning the transferring Allegeance from a Lawful Prince, to him that met with unexpected Success in his Design.

And here I shall endeavour to make it plain, That this is not against the Doctrins and Principles of the Church of England. If we allow the Church of England, to have de_clared its Sense in the Matter of Government, it can only be with respect to Subjects. But I think the Measures of our Obedience, are not to be taken from the Rules of the Church; but from the Laws of the Realm: Because they are not the same in all Countries where the same Religion is Pro_fessed; as is plain in the Case of France and Poland: The Reason of the different Measures in these Countries is not from the Church, but from the different Constitution of the Kingdoms.

And I do not see how the Rules of the Church can alter the Fundamental Laws: For the Church only enforceth the Duty of Obedience on the Consciences of Men; but it doth not prescribe or limit the Bounds of it.

Whether our Monarchy be Absolute, or Limited: or if Limited, whether in its Exercise of Power, or in the Right of Sovereigny; how far the Limitation gives a Right of Re_sistance, in case of the Breach of it; are nice Questions, but not to be Resolv'd by the Rules of the Church; but by our Legal Constitution and the General Reason of Mankind: And therefore in such Cases, where the Right of War and a Foreign Power are concerned, we are not to judge meerly by Muni_cipal Laws, but we are to proceed by a more General Law, viz. that of Nations, which takes in the Effects of a just War, which the particular Laws of a Country have no regard to.

But where hath the Church of England declared its sense about the Right of War? The Articles of our Church de_clare, that the chief Government of all Estates of this Realm, doth appertain to the Civil Magistrate: But they no where say, that in a just War the Supream Power cannot be acquired; or that God doth never confer it in an extraordinary me_thod.

The Book of Homilies is very severe against Disobedience and wilful Rebellion; but it is no where said, that where the Right of Sovereignty is transferred by a successful War, there is no Allegeance due to those who possess it: On "the con_trary it is said in the first Part, That If God for their wickedness, had given them an Heathen Tyrant to Reign over them, they were by God's Word bound to obey him, and to pray for him." Can it then be agreeable to the Do_ctrins and Principles of our Church, to refuse Allegeance to good Religious Princes, whom God hath made the happy Instruments of preserving our Religion and Liberties?

In the same Part, The Jews are commended for praying for the King of Babylon, when they were in Captivity, that they might live under his Protection, and do him Service, and find Favour in his sight. And what is this short of Allegeance to one, who had nothing but bare Success in War, to plead for his Title to it? If any Princes of their own Religion had rescued them from that Captivity, would they have scrupled Allegeance to them, when we see how far the Maccabees went in the Defence of their Religion and Laws?

In the Second Part, the obedience of the Jewish Nation to Augustus is commended; and it is evident that he had no Au_thority over them, but by the Right of War. And our Blessed Saviour's example is mentioned, who being brought before the Roman President, acknowledged his Power and Authority, to be given him from God. And how was this Authority conveyed to him, but by the success of War?

So that we can find nothing, in the certain established Doctrin and Principles of our Church, which is repugnant to our Allegeance to the present Government. I might easily produce considerable Testimonies, of some of the greatest Divines of our Church, which assert, that Sovereignty may be transferred by a just War; but I leave that to others, and proceed.

Mr Ashton saith, That we were born leige Subjects to another; that we have solemnly professed our Allegeance, and often confirmed it with Oaths. I know no body denies it. But is this all? Is our Allegeance so inseparable from the Person we have once sworn to, that no Case whatsoever, can alter it? Not the Case of plain voluntary Dereliction? Not the Case of putting the Kingdom under a Foreign Power? Not the seeking the utter Ruin and Destruction of the People? Is Allegeance inse_parable in these Cases, because we were Born Subjects and did swear Allegeance? If not, then it is not always so, notwith_standing the Oaths. For these and several others are allowed, by such who have written the most warmly against the repub_lican Principles. But we need not run to any difficult Cases: Ours is only the case of a just War: which is allowed by all sorts of Casuists, who do agree, that Allegeance is due to the Party that prevails in it; and if it be due to one, it can_not be due to another, at the same time, altho' he be living and do not discharge Persons from their Oaths; for the ob_ligation of Oaths, depends on the nature and Reason of things, and not upon the Pleasure of those to whom they are made. But where there is a Right to govern, there must be a Duty of Allegeance: And that Success in a just War, doth give such a Right, I could produce so many Testimonies, of all kinds of Writers, as would make the Reading of them as tedious, as of those in the History of Passive Obedience. Nay, some go so far, as to assert a Right of Sovereignty to be acquired by success, even in an Unjust War: But we need none of these Testimonies.

But doth not all this resolve this whole Controversy into a Right of Conquest, which is not so much as pretended in our present Case.

I Answer, That we must distinguish between a Right to the Government, and the Manner of Assuming it. The Right was founded on the Just Causes of the War, and the success in it: But the assuming of it was not by any ways of force or vio_lence, but by a Free Consent of the People, who by a volun_tary Recognition, and their Majesties acceptance of the Go_vernment, as it is setled by our Laws, take away any pre_tence to a Conquest over the People, or a Government by Force.

Thus I have endeavoured to set this matter in as clear a light, and in as little a compass as I could: I now return to Mr. Ashton's Speech.

Next to his Obligation on the Point of Religion, he men_tions that of Gratitude to the King his Master, whom he had ser_ved 16 years, &horfill; But this, he adds, is a thing not much esteemed at this time. As little as it is esteemed, I know no body would have blamed his Gratitude, if it had not carried him beyond the bounds of his Duty. But it is strange, he should be so much for Gratitude, and yet should allow none for so great a Deliverance. What is 16 years service to the Pre_servation of a Nation, from the imminent danger of Popery and Arbitrary Power? Such men look but a very little way, who talk at this rate: And can they imagine a French Power, under our Circumstances, could secure any thing to us, but Ruin?

As to his Master's usage, which he saith, after the Prince of Orange's Arrival, was very hard, severe; and, if he may say it, unjust. I would desire his Friends to consider a little better, and to think, if any such thing as Severity had been intend_ed, how easy it had been to have Executed it, and to have prevented his going away; and consequently, a great deal of the charge of the War, he complains of immediately after. Let them name any one Person in such Circumstances, who was allowed so great freedom as he had, of disposing of himself: But this is very far for Mr. Ashton's occasion of Suffering.

Well, But all the new Methods of Setling, have hitherto, he saith, made the Nation more miserable, poor, and exposed to Foreign Enemies. It is possible such may believe, that the Nation would be less miserable and poor under the French Power, than it is now. But no man who observes the vast designs of France, and the incredible industry of the French Monarch, to inlarge his own Power and Dominions, can think (if he thinks twice) that ever he should undertake so great a Work, out of kindness to any but himself; much less, out of perfect good will to the English Nation. Hath he given so much evidence to the World of his Sincerity in his Promises, when the keeping of them hath been prejudicial to his Interest? Suppose he should compass his end upon us, and under so fair a Colour, make Provinces of these King_doms; what possible remedy would there be for this, then indeed, poor and miserable Nation? What comfort will it then be to say, they did not think he would have broken his word so with them? In the mean time, Is it not great Wisdom and Policy, to venture our Religion, and all our Liberties on the sincerity and kindness of France? But if there be any pre_sent hardship, it is no more than a necessary War involves our Neighbours in as well as our selves; and that in a com_mon Cause, for preserving the Liberty of Europe, against the growing Power of France, as it did formerly of Spain.

But there is another Insinuation of a higher nature, viz. that the Religion we pretend to be so fond of preserving, is now much more than ever, likely to be destroyed. What is the meaning of this? What! More in danger than when Penal Laws and Tests were taking away in order to the taking away our Religion after them? When the design was as plain, and open as a thing of that nature could be, in such a Nation? When some of the Factors themselves complained, they made too much haste and were too eager and forward to accomplish it. And altho' nothing was then pretended but the setling Liberty of Conscience upon a new Magna Charta, yet all wise Men saw through these pretences, and that no_thing was really designed but Popery; which the Jesuits did not conceal in their Letters to each other: One of the which hapned to be intercepted; and the thing it self, is now fully owned in the Kings own Letter to the Pope, printed at the end of the late Trials. So that there must be a design, ei_ther to deceive the Pope, or the Nation; and which is the more probable, let any man of sense judge.

But where lies the danger of our Religion now? Have we not the same Laws, the same Protection, the same Encour_agement, which we ever had, at any time since the Refor_mation? If our Religion be now in danger, it is by such men who would bring in the French Power to establish it; however it be disguised under another Pretext.

After this follows a Charge of no less than Perjury and Rebellion, upon his Fellow Subjects; whom, he adviseth to return to their Allegeance, before the Judgments of God overtake them for their Perjury and Rebellion. This is a heavy Charge indeed, upon the Body of the Nation, which hath taken the Oaths of Allegeance to their Majesties: But if it be true, it is accusing the greatest part of mankind of these Sins, who have hapned to live in the time of any great Revolutions, or changes of Govern_ment. Was the Nation Forsworn, in the times of William the Conqueror, and his two Sons, and his Nephew? Was it Forsworn all the time of King John, and the several Reigns of the 4th, 5th, 6th and 7th Henries? One would think it better became a dying man to judge more charitably of his Fellow Subjects. Had he never heard of the Law of England, requiring Allegeance to the King, on account of the Possession of the Crown; and that our most eminent Lawyers, in peace_able and quiet Times, have been of that Opinion? Methinks at least, that should make modest men, not so peremptory in such a Charge; for it is to make, such an Oath unlawful, which the Law makes not only lawful, but a Duty. And when the greatest Lawyers this Nation hath had thought this a part of our Law; shall such who confess themselves unskilful in the Law, charge the Nation with Perjury, for taking an Oath, which the Law requires?

But if our Law did not require it, there is such a general consent in mankind about it, that it seems to me, to be a Law of Nations, That an Oath of Fidelity should follow Posses_sion; because otherwise, there would be infinite snares to the Consciences of all such who are required to obey, but are not bound to enquire into the Rights of War.

Is it Perjury and Rebellion in the new French Conquests, for the Inhabitants to take Oaths of Fidelity to the French King? If not, how comes it to be so here? Is there not the same Right of War here as abroad?

Was it Perjury and Rebellion in the Subjects of the King of Spain in Portugal, to take a new Oath of Allegeance to the Duke of Braganza, when he was declared King? And yet they were all sworn before, not only to the King of Spain, but to his Heirs: And even the Duke himself, had not only taken this Oath; but the Spaniard particularly charged him with Perjury, and great Ingratitude: Yet the obligation to his Countries good was then thought to overrule that Per_sonal Obligation to the King of Spain.

But if they were all guilty of Perjury and Rebellion; how came the other Princes of Europe so frankly and readily to own his Government; and the French, as much and as early as any, sending Assistance by Sea and Land to support it? But in this Revolution of Portugal, the best Title was the Success of War, founded on a remote Title to the Crown, when the King of Spain had enjoyed the Possession of that Crown to the Third Generation.

But it may be said, That the Practices of other People are to be no Rule to us; and that we are not to be guided by bad Precedents abroad, but by the Principles and Doctrins of our own Church. This were to the purpose, if our Church had any where declared, Taking such an Oath to be Perjury. But where is that done? I confess, I can find no such thing: And if Mr. Ashton (or his Friends) had made such a Disco_very, they ought to have told the World of it. But if there be no such Declaration to be met with, then we are left to the General Rules of Conscience, and the Common Rea_son of Mankind; according to which, I see no ground for this heavy Charge of Perjury and Rebellion in our present Case.

But although Mr. Ashton be so abundantly satisfied in the Design he mentions, that if he had ten thousand Lives, he would sacrifice them all in so good and necessary a Work; yet the Remainder of his Speech is spent in clearing his Inno_cency, as to the Fact for which he was Condemned. If it was so Meritorious an Act to Die in such a Cause, a Man might have been tempted to be thought Guilty.

But before he could think fit to Die in Charity with all the World, he saith several things with a Design to blacken the Judges, the Jury, and the Government.

The Judges he Accuses of a Severe Charge, and the Hard Measure he received &horfill;.

As to the latter, it is a very odd kind of Hard Measure, when he was so very little sensible of it then, that he said, He did not Complain of the Court, fo. 112. and more fully afterwards, fo. 115. I cannot but own I have had a fair Trial for my Life. Where was the Hard Measure then? Therefore this could not be Mr. Ashton's Sense, unless he would contradict himself; and those who would free him from it, must take these Words to have been written by others, who thought to serve another End by it; and were not so near giving an Account for such Calumnies.

The severity of the Charge lay in applying the Statute 25 Edw. 3. to his Fact. Which was a Design to carry into France a Treasonable Scheme and Project of an Invasion, in or_der to the deposing the King and Queen. This last the Judges declared, had been always held to be High Treason. All the Question was then, Whether such a Fact were an Overt-Act of such a Design; and so it was left to the Jury, whether Mr. Ashton intended to go over with such a Design or not. If there be any Severity here, it must be in the Law; and that all those who suffer by a Law, are apt to complain of.

He particularly chargeth that Judge, and that Jury-man, who did, he saith signally contrary to common Justice, expose themselves to destroy him. This is a very hard Charge from a Dying man, and ought to have great Evidence to reconcile it to common Charity; but he offers none. The Jury were to Act according to their Consciences; and if they did so, how could they expose themselves contrary to common Justice to destroy him? But what Evidence doth he give, that they did not so? Some have told him, that he was the first man that was ever Condemned for High Treason, upon bare suspicion or Presumption, and that contrary to my Lord Cook and other Eminent Lawyers Opinions.

The main point as to the Jury, was, Whether they were sa_tisfied in their Consciences, that Mr. Ashton intended to go into France with such a Design? And where the Fact lies in the Intention, there can be no direct Evidence (without see_ing the Heart;) but it must be gathered from a Concurrence of Circumstances, strong enough to determine an honest mans Judgment: And such the Jury believed to be in his Case. My Lord Cooks words are on the Case of Treason, That the Com_passing, Intent or Imagination, th� secret, is to be tried by the Peers, and to be discovered by Circumstances precedent, concomi_tant and subsequent, with all endeavour evermore for the safety of the King.

It is true, he saith afterwards, Fol. 12. That conjectural Presumptions, or Inferences, or strains of Wit, are not sufficient, but there must be good and manifest Proof; but still this Proof must be such as the thing will bear; for there can be no direct and plain proof of a secret Intention: Either therefore no man can be justly Condemned for a secret Intention, manifested by an Overt-Act, or there must be such a Proof allowed, as is sufficient to satisfie a mans Conscience, although it come not up to plain and direct Evidence, as it is opposed to the high_est degree of Presumption.

But it may be said, that the Presumption lies in judging the Intention from the Overt-Act, but that Overt-Act must be manifestly proved. The Overt-Act in this case was the carrying over Treasonable Papers into France, in order to an Invasion. The sole Question then was, Whether there was manifest proof as to these Papers. That the Papers were found about him was manifestly proved; and he owns Fol. 110. that they were unfortunately found upon him; but he saith that he knew not the Importance of them. It was manifestly proved, that he had an extraordinary Concernment to have these Papers thrown Over-board; which he saith was perfectly out of Friend_ship, and whether that was a true Answer, was left to the Consci_ences of the Jury, who were to judge of this by all the Cir_cumstances antecedent, concomitant and subsequent, by which they did conclude him Guilty. And I cannot see how they went against Common Justice therein; especially since Mr. Ash_ton well knew, that one of the most material Papers taken, was of his own Hand writing; not the first Draught, but the Co_py which was shewed him in the Court; and when it was so, he desired, Fol. 106. that the Original may be read, and not the Copy; and he had good reason for it: For as far as I can judge, upon perusal of both, it is the very same Hand in which this Speech was written. But what said Mr. Ashton to the Jury, to clear this matter? He saith, Fol. 129 That his hand was not proved to any of the Papers, and therefore there was nothing but supposition or suspicion against him. It is true, there was no direct and plain proof of the Hand, as there was in the case of my Lord Preston; (and it is a wonder it was omit_ted, for that would have been plain proof of his knowing what was in those Papers:) However, all the other Circum_stances put together, were a sufficient proof of his Privity to the Contents of them.

And I wonder how Mr. Ashton, could so confidently in his Paper declare himself Innocent, as to the matter for which he was Sentenced to Die, when he knew the Paper was of his own Hand writing, and plain proof hath been since made of his own delivery of it to a third Person. Can a man be Innocent and Guilty of the same thing?

The only thing to be taken notice of, which remains, is, a Reflection on the Government for his Close Imprisonment, and the hasty and violent Proceedings against him. If there were any thing more than usual in such cases, as to his Imprisonment, he ought to have mentioned the particu_lars; for otherwise it is to Arraign the Common Justice of the Nation. As to the hasty and violent Proceed_ings of his Trial; it was then told him, That the greatest Advantage he had, was in putting off his Trial: For by that he knew how to lay the Papers on my Lord Preston; which yet could not clear him, as to those Papers which were not written with my Lord's Hand, nor related any ways to him; but one of them was Written with his own Hand.

Upon the whole Matter, I cannot see how he hath either Proved his Innocency, or that he acted according to the Principles and Doctrins of the Church of England.

As to his Concluding Prayer, I cannot but observe, That in the Beginning of the Speech, the Reason he gives why he would not make any to the People, was, because he would employ his last Minutes in Devotion and holy Communion with God: Which I hope he did. But those who contrived the Speech, were to make a Prayer for him too; but not a Prayer of Devotion, but rather of Faction and Sedition: For it hath no other meaning, than that God would over_turn this Present Government, and restore the Former, in order to the Flourishing of the Church of England; notwith_standing the Wounds she hath received from her Prevaricating Sons.

I cannot imagine how a Man could joyn these things together in a Prayer, unless he could think all those are Prevaricating Sons, who are against Popery. For I know no Bottom large enough for Popery, and the Church of England, to stand upon together.

But this I do not think of Mr. Ashton, and therefore Conclude, as I began, That this seems rather the Speech of a Party, than of Mr. Ashton; who made use of his Name and Hand, to convey into the Minds of the People, the most malicious Insinuations against this Present Government, and all who live in Obedience to it.

|CPO |Y1706 THE Lord Beilhaven's Speech IN THE Scotch PARLIAMENT, Saturday the Second of November, ON THE Subject-matter of an Union Betwixt the two Kingdoms of Scotland and England. &horbar &horbar Printed in the Year 1706. (Price Two-pence.) &horbar &horbar

My Lord Chancellor,

WHEN I consider this Affair of an UNION betwixt the Two Nations, as it is express'd in the several Articles thereof, and now the Sub_ject of our Deliberation at this time; I find my Mind crow_ded with variety of very melancholy Thoughts, and I think it my Duty to disburden my self of some of them, by laying them before, and exposing them to the serious Considera_tion of this Honourable House.

I think, I see a Free and Independent Kingdom delivering up That, which all the World hath been fighting for, since the days of Nimrod; yea, that for which most of all the Empires, Kingdoms, States, Principalities and Dukedoms of Europe, are at this very time engaged in the most Bloody and Cruel Wars that ever were; to wit, A Power to manage their own Affairs by themselves, without the Assistance and Counsel of any other.

I think, I see a National Church, founded upon a Rock, se_cured by a Claim of Right, hedged and fenced about by the strictest and pointed'st Legal Sanction that Sovereignty could contrive, voluntarily descending into a Plain, upon an equal level with Jews, Papists, Socinians, Arminians, Anabaptists, and other Sectaries, &c.

I think I see the Noble and Honourable Peerage of Scot_land, whose valiant Predecessors led Armies against their E_nemies upon their own proper Charges and Expences, now divested of their Followers and Vassalages, and put upon such an equal Foot with their Vassals, that I think I see a petty English Exciseman receive more Homage and Respect, than what was paid formerly to their quondam Mackalla_mors.

I think I see the present Peers of Scotland, whose Noble Ancestors conquered Provinces, over-run Countries, reduc'd and subjected Towns and fortify'd Places, exacted Tribute through the greatest part of England, now walking in the Court of Requests like so many English Attornies, laying a_side their walking Swords when in Company with the Eng_lish Peers, lest their Self-defence should be found Murder.

I think I see the Honourable Estate of Barons, the bold Asserters of the Nations Rights and Liberties in the worst of Times, now setting a Watch upon their Lips, and a Guard upon their Tongues, lest they be found guilty of Scandalum Magnatum.

I think I see the Royal State of Burrows walking their desolate Streets, hanging down their Heads under Disap_pointments; wormed out of all the Branches of their old Trade, uncertain what hand to turn to, necessitate to be_come 'Prentices to their unkind Neighbours; and yet after all, finding their Trade so fortified by Companies, and secu_red by Prescriptions, that they despair of any Success therein.

I think I see our Learned Judges laying aside their Pra_ctiques and Decisions, studying the Common Law of Eng_land, gravelled with Certioraries, Nisi prius's, Writs of Error, Verdicts indovar, Ejectione firmae, Injunctions, De_murrs, &c. and frighted with Appeals and Avocations, because of the new Regulations and Rectifications they may meet with.

I think I see the Valiant and Gallant Soldiery either sent to learn the Plantation-Trade abroad; or at home petition_ing for a small Subsistance, as the Reward of their Honou_rable Exploits, while their old Corps are broken, the com_mon Soldiers left to beg, and the youngest English Corps kept standing.

I think I see the Honest Industrious Tradesman loaded with new Taxes, and Impositions, disappointed of the E_quivalents, drinking Water in place of Ale, eating his saltless Pottage, petitioning for Encouragement to his Manufacturies, and answered by counter Petitions.

In short, I think I see the Laborious Ploughman, with his Corn spoiling upon his Hands, for want of Sale, cursing the day of his Birth, dreading the Expence of his Burial, and uncertain whether to marry or do worse.

I think I see the incurable Difficulties of the Landed_Men, fettered under the Golden Chain of Equivalents, their pretty Daughters petitioning for want of Husbands, and their Sons for want of Employments.

I think I see our Mariners delivering up their Ships to their Dutch Partners; and what through Presses and Ne_cessity, earning their Bread as Underlings in the Royal English Navy.

But above all, my Lord, I think I see our Ancient Mother CALEDONIA, like C�sar, sitting in the midst of our Senate, rufully looking round about her, covering her self with her Royal Garment, attending the Fatal Blow, and breathing out her last with a Et tu quoque mi fili.

Are not these, My Lord, very afflicting Thoughts? And yet they are but the least part suggested to me by these dis_honourable Articles; should not the Consideration of these things vivifie these dry Bones of ours? Should not the Me_mory of our Noble Predecessors Valour and Constancy rouse up our drooping Spirits? Are our Noble Predecessors Souls got so far into the English Cabbage-Stock and Colliflowers, that we should shew the least Inclination that way? Are our Eyes so Blinded? Are our Ears so Deafned? Are our Hearts so Hardned? Are our Tongues so Faltered? Are our Hands so Fettered, that in this our day, I say, My Lord, That in this our day, we should not mind the things that concern the very Being and Well-being of our Ancient Kingdom, before the day be hid from our Eyes.

No, my Lord, GOD forbid; Man's Extremity is GOD's Opportunity: He is a present Help in time of need, and a De_liverer, and that right early. Some unforeseen Providence will fall out, that may cast the Balance; some Joseph or other will say, Why do ye strive together, since you are Bre_thren? None can destroy Scotland, save Scotland's self; hold your Hands from the Pen, you are secure. Some Juda or other will say, Let not our Hands be upon the Lad, he is our Brother. There will be a JEHOVAH-JIREH, and some Ram will be caught in the Thicket, when the bloody Knife is at our Mothers Throat: Let us up then, my Lord, and let our Noble Patriots behave themselves like Men, and we know not how soon a Blessing may come.

My Lord, I wish from my Heart, that this my Vision prove not as true, as my Reasons for it are probable; I de_sign not at this time to enter into the Merits of any one particular Article; I intend this Discourse, as an Introdu_ction to what I may afterwards say upon the whole De_bate, as it falls in before this Honourable House; and therefore, in the farther Prosecution of what I have to say, I shall insist upon some few Particulars, very necessary to be understood, before we enter unto the Detail of so im_portant a Matter.

I shall therefore, in the first place, endeavour to encou_rage a free and full Deliberation, without Animosities and Heats; In the next place, I shall endeavour to make an Enquiry into the Nature and Source of the Unnatural and Dangerous Divisions that are now on foot within this Isle, with some Motives shewing, that it is our Interest to lay them aside at this time: Then I shall enquire into the Rea_sons which have induced the two Nations to enter into a Treaty of Union at this time, with some Considerations and Meditations, with Relation to the Behaviour of the Lords Commissioners of the two Kingdoms, in the Ma_nagement of this great Concern. And lastly, I shall pro_pose a Method, by which we shall most distinctly, and without Confusion, go through the several Articles of this Treaty, without unnecessary Repetitions or loss of time. And all this with all Deference, and under the Correction of this Honourable House.

My Lord Chancellor, the greatest Honour that was done unto a Roman, was to allow him the Glory of a Triumph; the greatest and most dishonourable Punishment, was that of Paricide: He that was guilty of Paricide, was beaten with Rods upon his naked Body, till the Blood gush'd out of all the Veins of his Body; then he was sow'd up in a Leathern Sack, call'd a Culeus, with a Cock, a Viper, and an Ape, and thrown headlong into the Sea.

My Lord, Patricide is a greater Crime than Paricide, all the World over.

In a Triumph, my Lord, when the Conqueror was riding in his Triumphal Chariot, crowned with Lawrels, adorned with Trophies, and applauded with Huzza's, there was a Monitor appointed to stand behind him, to warn him, Not to be high-minded, nor puffed up with overweening Thoughts of himself; and to his Chariot were tied a Whip and a Bell, to mind him; That for all his Glory and Grandeur, he was accountable to the People for his Administration, and would be punished as other Men, if found guilty.

The greatest Honour amongst us, my Lord, is to repre_sent the Sovereign's Sacred Person in Parliament; and in one particular it appears to be greater than that of a Tri_umph; because the whole Legislative Power seems to be wholly intrusted with him: If he give the Royal Assent to an Act of the Estates, it becomes a Law obligatory up_on the Subject, tho' contrary or without any Instructions from the Sovereign: If he refuse the Royal Assent to a Vote in Parliament, it cannot be a Law, tho' he has the Sovereign's particular and positive Instructions for it.

His Grace the Duke of Queensberry, who now represents Her Majesty in this Session of Parliament, hath had the Honour of that Great Trust, as often, if not more than any Scots Man ever had: He hath been the Favourite of two Successive Sovereigns; and I cannot but commend his Constancy and Perseverance, that notwithstanding his for_mer Difficulties and unsuccessful Attempts, and maugre some other Specialities not yet determined, that his Grace has yet had the Resolution to undertake the most unpopu_lar Measures last. If his Grace succeed in this Affair of an Union, and that it prove for the Happiness and Well_fare of the Nation, then he justly merits to have a Statue of Gold erected for himself; but if it shall tend to the in_tire Destruction and Abolition of our Nation; and that we the Nations Trustees shall go into it; then I must say, That a Whip and a Bell, a Cock, a Viper, and an Ape, are but too small Punishments for any such bold unnatural Undertaking and Complaisance.

That I may pave a way, my Lord, to a full, calm, and free Reasoning upon this Affair, which is of the last Con_sequence unto this Nation; I shall mind this Honourable House, that we are the Successors of our Noble Predecessors, who founded our Monarchy, framed our Laws, amended, altered, and corrected them from time to time, as the Af_fairs and Circumstances of the Nation did require, with_out the Assistance or Advice of any Foreign Power or Po_tentate, and who, during the time of 2000 years, have handed them down to us a free Independent Nation, with the hazard of their Lives and Fortunes: Shall not we then argue for that, which our Progenitors have purchased for us at so dear a Rate, and with so much Immortal Honour and Glory? GOD forbid. Shall the Hazard of Father unbind the Ligaments of a dumb Son's Tongue; and shall we hold our Peace, when our Patria is in danger? I speak this, my Lord, that I may encourage every individual Member of this House, to speak their mind freely. There are many wise and prudent Men amongst us, who think it not worth their while to open their Mouths; there are others, who can speak very well, and to good purpose, who shelter themselves under the shameful Cloak of Silence, from a Fear of the Frowns of Great Men and Parties. I have observed, my Lord, by my Experience, the greatest number of Speakers in the most trivial Affairs; and it will always prove so, while we come not to the right un_derstanding of our Oath de Fideli, whereby we are bound not only to give our Vote, but our faithful Advice in Parliament, as we should Answer to GOD; and in our Ancient Laws, the Representatives of the Honourable Barons, and the Royal Burrows are termed Spokesmen. It lyes upon your Lordships therefore particularly to take notice of such, whose Modesty makes them bashful to speak. Therefore I shall leave it upon you, and conclude this Point with a very memorable Saying of an honest private Gentleman to a great Queen, upon occasion of a State-Project, contrived by an able Statesman, and the Fa_vourite to a great King, against a peaceable obedient Peo_ple, because of the Diversity of their Laws and Constitu_tions. If at this time thou hold thy Peace, Salvation shall come to the People from another place, but thou and thy House shall perish. I leave the Application to each parti_cular Member of this House.

My Lord, I come now to consider our Divisions. We are under the happy Reign (blessed be GOD) of the Best of Queens, who has no evil Design against the meanest of her Subjects, who loves all her People, and is equally be_loved by them again; and yet that under the happy Influ_ence of our most Excellent Queen there should be such Di_visions and Factions, more dangerous and threatning to her Dominions, than if we were under an Arbitrary Go_vernment, is most strange and unaccountable. Under an Arbitrary Prince, all are willing to serve, because all are under a necessity to obey, whether they will or not. He chuses therefore whom he will, without respect to either Parties or Factions; and if he think fit to take the Ad_vices of his Councils or Parliaments, every Man speaks his Mind freely, and the Prince receives the faithful Advice of his People without the mixture of Self-designs: If he prove a good Prince, the Government is easy; if bad, ei_ther Death or a Revolution brings a Deliverance. Where_as here, my Lord, there appears no end of our Misery, if not prevented in time; Factions are now become Indepen_dent, and have got footing in Councils, in Parliaments, in Treaties, in Armies, in Incorporations, in Families, a_mong Kindred, yea, Man and Wife are not free from their political Jarrs.

It remains therefore, my Lord, that I enquire into the Nature of these things, and since the Names give us not the right Idea of the thing, I am afraid I shall have Diffi_culty to make my self well understood.

The Names generally used to denote the Factions, are Whig and Tory, as obscure as that of Guelfs and Gibelins: Yea, my Lord, they have different Significations, as they are applied to Factions in each Kingdom; a Whig in Eng_land is a Heterogeneous Creature, in Scotland he is all of a piece; a Tory in England is all of a piece, and a States_man, In Scotland, he is quite otherways, an Anti-Courtier and Anti-Statesman.

A Whig in England appears to be somewhat like Nebu_chadnezzar's Image of different Metals, different Classes, different Principles, and different Designs; yet take them all together, they are like a Piece of fine mixed Drugget of different Threads, some finer, some courser, which after all make a comely Appearance, and an agreeable Suit. Tory is like a Piece of Loyal-made English Cloth, the true Staple of the Nation, all of a Thread; yet if we look nar_rowly into it, we shall perceive Diversity of Colours, which according to the various Situations and Positions, makes various Appearances: Sometimes Tory is like the Moon in its Full, as appeared in the Affair of the Bill of the Occasional Conformity; upon other Occasions it appears to be under Cloud, and as if it were eclipsed by a greater Body, as it did in the Design of calling over the Illustri_ous Princess Sophia. However, by this we may see their Designs are to outshoot Whig in his own Bow.

Whig in Scotland is a true blew Presbyterian, who with_out considering Time or Power, will venture their All for the Kirk: But something less for the State. The greatest Difficulty is, how do describe a Scots Tory: Of old, when I knew them first, Tory was an honest-hearted Comradish Fellow, who, provided he was maintain'd and protected in his Benefices, Titles and Dignities by the State, he was the less anxious who had the Government and Management of the Church: But now what he is since Jure-Divinity came in Fashion; and that Christianity, and, by Conse_quence, Salvation comes to depend upon Episcopal Ordina_tion, I profess I know not what to make of him; only this I must say for him, That he endeavours to do by Opposition, that which his Brother in England endeavours by a more prudent and less scrupulous Method.

Now, my Lord, from these Divisions, there has got up a kind of Aristocracy, something like the famous Trium_virate at Rome; they are a kind of Undertakers and prag_matick Statesmen, who finding their Power and Strength great, and answerable to their Designs, will make Bar_gains with our Gracious Sovereign; they will serve her faithfully, but upon their own Terms; they must have their own Instruments, their own Measures; this Man must be turn'd out, and that Man put in, and then they'll make her the most Glorious Queen in Europe.

Where will this end, My Lord? Is not her Majesty in Danger by such a Method? Is not the Monarchy in Dan_ger? Is not the Nation's Peace and Tranquility in Dan_ger? Will a Change of Parties make the Nation more happy? No, My Lord, the Seed is sown, that is like to afford us a perpetual Increase; it's not an Annual Herb, it takes deep root, it seeds and breeds; and if not timely prevented by her Majesty's Royal Endeavours, will split the whole Island in two.

My Lord, I think, considering our present Circumstan_ces at this time, the Almighty GOD has reserv'd this Great Work for us. We may bruise this Hydra of Divi_sion, and crush this Cockatrice's Egg. Our Neighbours in England, are not yet fitted for any such thing; they are not under the afflicting Hand of Providence, as we are; their Circumstances are Great and Glorious, their Treaties are prudently manag'd, both at Home and Abroad, their Generals Brave and Valorous, their Armies Successful and Victorious, their Trophies and Laurels memorable and surprizing; their Enemies subdu'd and routed, their strong Holds besieg'd and taken, Sieges reliev'd, Marshals kill'd and taken Prisoners, Provinces and Kingdoms are the Re_sults of their Victories; their Royal Navy is the Terror of Europe, their Trade and Commerce extended through the Universe, incircling the whole habitable World, and ren_dering their own capital City the Emporium for the whole Inhabitants of the Earth; and, which is yet more than all these things, the Subjects freely bestowing their Trea_sure upon their Sovereign; and above all, these vast Rich_es, the Sinews of War, and without which all the glori_ous Success had proven abortive, these Treasures are ma_nag'd with such Faithfulness and Nicety, that they answer seasonably all their Demands, tho' at never so great a Distance. Upon these Considerations, My Lord, how hard and difficult a Thing will it prove, to perswade our Neighbours to a self-denying Bill!

It's quite otherways with us, My Lord, we are an ob_scure poor People, tho' formerly of better Account, remo_ved to a remote Corner of the World, without Name, and without Alliances, our Posts mean and precarious; so that I profess I don't think any one Post of the Kingdom worth the briguing after, save that of being Commissioner to a long Session of a factious Scotch Parliament, with an an_tedated Commission, and that yet renders the rest of the Ministers more miserable. What hinders us then, My Lord, to lay aside our Divisions, to unite cordially and heartily together in our present Circumstances, when our All is at Stake? Hannibal, my Lord, is at our Gates, Hannibal is come within our Gates, Hannibal is come the Length of this Table, he is at the Foot of this Throne, he will demolish this Throne; if we take not Notice, he'll seize upon these Regalia, he'll take them as our spolia opi_ma, and whip us out of this House, never to return again.

For the Love of GOD then, my Lord, for the Safety and Well-fare of our ancient Kingdom, whose sad Circum_stances, I hope, we shall yet convert into Prosperity and Happiness! We want no Means, if we unite; GOD blesseth the Peace-makers; we want neither Men, nor Sufficiency of all manner of Things necessary, to make a Nation happy; all depends upon Management, Concordia res parv� crescunt. I fear not these Articles, tho' they were ten times worse than they are, if we once cordially forgive one another, and that according to our Proverb, Bygones be bygones, and fair Play for time to come. For my part, in the Sight of GOD, and in the Presence of this honourable House, I heartily forgive every Man, and beg, that they may do the same to me; and I do most humbly propose, that his Grace, my Lord Commissioner, may appoint an Agape, may order a Love-Feast for this honourable House, that we may lay aside all Self-designs, and after our Fasts and Humiliations, may have a Day of Rejoycing and Thankfulness, may eat our Meat with Gladness, and our Bread with a merry Heart; then shall we sit each Man under his own Fig-tree, and the Voice of the Turtle shall be heard in our Land, a Bird famous for Constancy and Fidelity.

My Lord, I shall make a Pause here, and stop going on farther in my Discourse, 'till I see farther, if his Grace, my Lord Commissioner, receive any humble Proposals for re_moving Misunderstandings among us, and putting an End to our fatal Divisions; upon Honour I have no other De_sign, and I am content to beg the Favour upon my bended Knees.

No Answer!

My Lord Chancellor, I am sorry that I must pursue the Thread of my sad and melancholy Story: What remains, I am afraid may prove as afflicting as what I have said; I shall therefore consider the Motives which have ingag'd the two Nations to enter upon a Treaty of Union at this time. In general, my Lord, I think both of them had in their View, to better themselves by the Treaty; but be_fore I enter upon the particular Motives of each Nation, I must inform this honourable House, that since I can remember, the two Nations have alter'd their Sentiments upon that Affair, even almost to down-right Contradicti_on, they have chang'd Head-bands, as we say; for Eng_land, 'till of late, never thought it worth their Pains of treating with us; the good Bargain they made at the Be_ginning, they resolve to keep, and that which we call an incorporating Union, was not so much as in their Thoughts. The first Notice they seem'd to take of us, was in our Affair of Caledonia, when they had most effectually broke off that Design in a manner, very well known to the World, and unnecessary to be repeated here; they kept themselves quit during the time of our Complaints upon that Head. In which time our Sovereign, to satisfy the Nation, and allay their Heats, did condescend to give us some good Laws, and amongst others, that of personal Liberties; but England having declar'd their Succession, and extended their Intail, without ever taking Notice of us, our Gracious Sovereign Queen ANN was Graciously pleased to give the Royal Assent to our Act of Security, to that of Peace and War after the Decease of her Majesty, and the Heirs of her Body, and to give us a Hedge to all our Sacred and Civil Interests, by declaring it High Trea_son to endeavour the Alteration of them, as they were then establish'd. Thereupon did follow the threatning and minatory Laws against us by the Parliament of England, and the unjust and unequal Character of what her Majesty had so Graciously condescended to in our Favours. Now, my Lord, whether the Desire they had to have us engag'd in the same Succession with them? or whether they found us like a free and independent People, brea_thing after more Liberty than what formerly was look'd after? or whether they were afraid of our Act of Security, in case of her Majesty's Decease? Which of all these Motives has induc'd them to a Treaty, I leave it to them_selves. This I must say only, they have made a good Bargain this time also.

For the particular Motives that induc'd us, I think they are obvious to be known, we found by sad Experi_ence, that every Man hath advanc'd in Power and Riches, as they have done in Trade, and at the same time consi_dering, that no where through the World, Slaves are found to be rich, tho' they should be adorn'd with Chains of Gold; we thereupon chang'd our Notion of an incor_porating Union, to that of a federal one; and being re_solv'd to take this Opportunity to make Demands upon them, before we enter into the Succession, we were con_tent to impower her Majesty to authorize and appoint Commissioners to treat with the Commissioners of England, with as ample Powers as the Lords Commissioners from England had from their Constituents, that we might not appear to have less confidence in her Majesty, nor more narrow-hearted in our Act, than our Neighbours of Eng_land: And thereupon last Parliament, after her Majesty's Gracious Letter was read, desiring us to declare the Suc_cession in the first place, and afterwards to appoint Com_missioners to treat, we found it necessary to renew our former Resolve, which I shall read to this honourable House.

Resolve presented by the Duke of Hamilton last Session of Parliament.

"That this Parliament will not proceed to the Nomi_nation of a Successor, 'till we have had a previous Treaty with England, in Relation to our Commerce, and other concerns with that Nation. And farther, it is Resol_ved, That this Parliament will proceed to make such Limitations and Conditions of Government, for the Rectification of our Constitution, as may secure the Liberty, Religion, and Independency of this Kingdom, before they proceed to the said Nomination.

Now, my Lord, the last Session of Parliament having, before they would enter upon any Treaty with England, by a Vote of the House, past both an Act for Limitations, and an Act for Rectification of our Constitution. What mortal Man has Reason to doubt the Design of this Trea_ty was only federal?

My Lord Chancellor, It remains now, that we consider the Behaviour of the Lords Commissioners at the opening of this Treaty. And before I enter upon that, allow me to make this Meditation, that if our Posterity, after we are all dead and gone, shall find themselves under an ill_made Bargain, and shall have a Recourse unto our Re_cords, and see who have been the Managers of that Trea_ty, by which they have suffer'd so much: When they read the Names, they will certainly conclude and say, Ah! our Nation has been reduc'd to the last Extremity, at the time of this Treaty; all our great Chieftains, all our great Peers, and considerable Men, who us'd formerly to defend the Rights and Liberties of the Nation, have been all kill'd and dead in the Bed of Honour, before ever the Nation was necessitate to condescend to such mean and contemptible Terms; where are the Names of the chief Men, of the noble Families of Stewarts, Hamiltons, Gra_hams, Campbels, Gordons, Johnstons, Homes, Murrays, Kers, &c? Where are the two great Officers of the Crown, the Con_stables and Marshals of Scotland? They have certainly all been extinguish'd, and now we are Slaves for ever.

Whereas the English Records will make their Posterity reverence the Memory of the honourable Names, who have brought under their fierce, Warlike, and troublesome Neighbours, who had struggled so long for Independency, shed the best Blood of their Nation, and reduc'd a conside_rable part of their Country, to become waste and desolate.

I am inform'd, my Lord, that our Commissioners did indeed frankly tell the Lords Commissioners for England, That the Inclination of the People of Scotland were much alter'd of late, in Relation to an incorporating Union, and that therefore, since the Intail was to end with her Ma_jesty's Life, (whom GOD long preserve) it was proper to begin the Treaty upon the Foot of the 1604 Year of GOD, the Time when we came first under one Sovereign: But this the English Commissioners would not agree to; and our Commissioners, that they might not seem obstinate, were willing to treat and conclude in the Terms laid before this honourable House, and subjected to their Determination.

If the Lords Commissioners for England had been as civil and complaisant, they should certainly have finish'd a fe_deral Treaty likeways, that both Nations might have the Choice, which of them to have gone into, as they thought fit; but they would hear of nothing, but of an intire and compleat Union, a Name which comprehends an Union, either by Incorporation, Surrender, or Conquest; where_as our Commissioners thought of nothing but a fair equal incorporating Union; whether this be so or no, I leave it to every Man's Judgment; but as for my self, I must beg Liberty to think it no such thing: For I take an incorpo_rating Union to be, where there is a Change both in the material and formal Points of Government, as if two pieces of Metal were melted down into one Mass, it can neither be said to retain its former Form or Substance as it did before the Mixture. But now, when I consider this Treaty, as it hath been explain'd and spoke to before us these three Weeks by past, I see the English Constitution remaining firm, the same two Houses of Parliament, the same Taxes, the same Customs, the same Excises, the same Trade in Companies, the same Municipal Laws and Courts of Judicature; and all ours either subject to Regu_lations or Annihilations, only we have the Honour to pay their old Debts, and to have some few Persons present, for Witnesses to the Validity of the Deed, when they are pleased to contract more.

Good God! What, is this an intire Surrender?

My Lord, I find my Heart so full of Grief and Indigna_tion, that I must beg Pardon not to finish the last part of my Discourse, that I may drop a Tear, as the Prelude to so sad a Story.

After having sit down, and some Discourses by other Members intervening, he continued his Discourse thus:

My Lord Chancellor, What I am now to say, relates to the Method of Proceeding in this weighty Affair: I hear it proposed by a Noble Member of the other side, that we should proceed in the same Order, as the Lords Commissio_ners Treaters did. In my humble Opinion, my Lord, it is neither the natural Method, nor can it be done without great Confusion and Repetition. To say, You'll agree to the U_nion of the two Kingdoms, before you agree in the Terms upon which they are to be united, seems like driving the Plough before the Oxen. The Articles, which narrate the Conditions, seem to be the Premisses upon which the Con_clusion is inferred; and according as they are found good or bad, the Success will follow. When a Man is married to a Fortune in England, as they call it, I suppose he is satisfied with the thing before he determines himself to marry; and the Proposal I have heard of agreeing to the first Article with a Proviso, That if the rest of the Articles shall be found satisfactory, and no otherwise, is of apiece with the rest, and looks like beating the Air, and no ways consistent with fair and square Dealings. Besides, my Lord, if we were to go up_on the first Article, are not all the rest of the Articles, besides many others not contained in the Articles, valid Arguments either Pro or Con, against concluding or not concluding the first Article? And no Vote in this House can hinder a Man from making use of what Arguments he thinks fit. More_over, the searching the Records, and the revising the Statute_Books, comparing the Books of Rates, Customs, Excise, Taxes, of both Nations with one another, must all be previously consi_der'd ere we determine our selves in one single Article; add to this, that the prohibitory Clause with relation to the Trade of both Nations must be adjusted, lest like �sop's Dog, we lose the old in grasping at the new; the State of Eng_lish Companies must also be exposed, how far we shall have Li_berty into them, and what Advantage we may propose to our selves by trading to these Places where they are secured; and above all, my Lord, the Security of our National Church, and of all that's dear unto us, must be previously established to us, if practicable, before we conclude the first Article. Therefore, my Lord, tho' my particular Opinion be, tho' we had a Cart blanch from England; yet the delivery up of our Sovereignty, gives back with one hand, what we re_ceive with the other, and that there can be no Security without the Guarantee of a distinct Independency betwixt the Parties Treating: yet, my Lord, for farther Satisfaction to this Honourable House, that every Member may fully satisfie himself, I humbly propose, that passing by the first three Articles, which appear to be much of apiece, we begin at the fourth Article of the Treaty; and if I be seconded in this, I desire it may be put to the Question.

FINIS. |CPO |Y1713 OBSERVATIONS UPON THE State of the Nation, IN JANUARY 1712/3. &horbar &horbar LONDON: Printed for JOHN MORPHEW, near Stationers-Hall. MDCCXIII. Price Six-pence. &horbar &horbar OBSERVATIONS UPON THE State of the Nation.

IT is a very difficult Thing exactly to de_termine in what Cases, and how far a good Subject may express his Dislike of what is either done, or connived at by his Governors. Those whom by the Laws of God we are commanded not only not to resist, but to aid and assist with our Hands, our Pur_ses, and our Prayers, we are certainly requi_red our selves to reverence, and to exhort and encourage others to do so too. Now that Reverence is undoubtedly weakned, whenever we blame any of their Actions or Designs, as hurtful to the Publick Good. The higher the Accusations are, the greater is the Offence. But tho' this is a good Reason for Men to be modest in their Suggestions, yet it is not a suf_ficient Reason for them to be entirely silent. Nay, it is more dutiful for Men to express the Causes of their Complaint, than wholly to stifle them, and only to shew Signs of Dissa_tisfaction without discovering the true Grounds of their being dissatisfied; since they do thereby give an Opportunity to those, whom it does most nearly concern, to clear them_selves; and thereby to strengthen that Govern_ment, which every good Man desires to see in a prosperous and flourishing Condition.

I shall not therefore be afraid to declare my Apprehensions of the State of Affairs in this publick Manner; especially since they are not mine alone, but the Apprehensions of very many honest Men, who are zealous Friends of the Constitution both in Church and State as by Law Establish'd, and entirely affectionate to Her Majesty's Person and Government; which they heartily pray to God to have long, very long continued, as a Blessing to these Na_tions. Those that affect now to be called High-Church-Men, have no Pretence to com_plain; who in Memorials from the Press, and in Sermons from the Pulpit, (and many of them too printed afterwards) did in a Man_ner, which no True Church of England Man dares imitate, treat the late Ministry in the vilest and most contemptuous Manner possible, and threaten them in Terms little short of downright Rebellion.

I shall not therefore, I hope, be accused of Undutifulness to Her Majesty, or of Want of Respect to Her Ministers, when I own my Apprehensions that the Peace, which is now in a manner concluded with France, may not produce those lasting good Effects, which all Honest Men, who wish well to the Pro_testant Religion, and to British Liberty, desire they should. I do not pretend to be wiser than my Representatives, or my Governors; and by the British Constitution every Man is bound by what they do. But since our Evils, (if they are such) may not yet be past Retrieve, and since I know my self to be truly Amicus Curi� (and such are sometimes allowed to speak in our Courts of Justice, tho' they were not at first retained) I shall venture to propose my Thoughts upon the present Occurrences at this Juncture, when the Parliament is ready to meet, to offer up their united Gratulations for the Peace, which (as far at least as it re_lates to us) is in a manner concluded.

The great Reason which is GIVEN for ma_king Peace upon these Terms, is, That other_wise the Balance of Power could not be preser_ved in Europe, since the whole Austrian Do_minions and Pretensions are now settled in one Man, the present Emperor; so that it would be of worse Consequence to the Peace of Christendom, to let him enjoy the whole, than to let King Philip keep Possession of the Throne of Spain.

Before this Proposition be consider'd, pur_suant to the Views which we are taught to have of the Affairs of Europe at this Time, I wou'd desire Gentlemen, who talk so warmly upon this Subject, to look back to the State of Christendom in the Time of Henry VIII. which may be learnt form any of the Histories of that Time. The Emperor Charles V. was the possess'd of the Low-Countries entire, of the Dutchy and County of Burgundy, of Spain and the West-Indies, of the Kingdom of Naples, was Master of almost all the Maritime Force of Europe, and was Emperor at the same time. His Brother Ferdinand, who was King of the Romans, had indeed the Hereditary Countries in Germany, but he was little more than Charles's Vice-Roy, as long as he continued Emperor. The House of Burgundy with nothing but the Netherlands, (and them not entire) and the Burgundy's, were very uneasy and formidable Neighbours to the Predecessors of Francis I. for several Generations; and Lewis XI. King of France, found Charles the Hardy (Great Grand_father to Chalres V.) a powerful Adversary. Charles V. wanted neither Ambition nor Spi_rit: He was an understanding and a diligent Prince; always at the Head of his own Affairs, and ready as well as able, when Occasion of_fer'd, to head his own Armies: He was very well served, and had as great Generals, and as glorious Troops, as that Age produced; and it cannot be deny'd but the House of Austria under him was at the Top of its Greatness; very much greater than it has been since. And yet notwithstanding all this, and not_withstanding the great Footing which Chalres V. as Duke of Burgundy, had in France it self, Francis I. who had little else but the remain_ing Part of France, made Head against that Mighty Emperor; and tho' he was once taken Prisoner, and forced to redeem himself upon very hard Terms, yet he and his Son Henry II. held Charles V. for above 30 Years together at Bay, and defended their Territories against all that Charles was able to do against them; and the Result of all those long and bloody Wars, till the Victory of St. Quintin, which was gotten soon after his Abdication by his Son Philip II. King of Spain, was, that the House of Austria got the Dutchy of Milan upon the Failure of the House of Sforza, and kept it against the Claims of the House of France.

Let us now see what England could do, and did at that Time. Henry VIII. King of Eng_land and Ireland only, and Ireland no Addition to his Strength, without the Advantage of Foreign Trade, turn'd the Balance which way he wou'd, tho' he had no Fleets to match the Emperors. This Case, which is not com_monly considered, will give us a clear Soluti_on of that Celebrated Question concerning the Balance of Power at this Time. England and Holland have powerful Fleets: Germany can have none: Spain has none, nor in Truth can have any, that need give us any Jealousy: France has besides what Francis I. possess'd, both the Burgundies, Alsace, and great Part of the Spanish Netherlands, and is in Effect Master of Lorrain. All these Countries either leaned to, or were in the Possession of the House of Austria at that Time. At Sea, France is an Over-match for any one of the Maritime Powers, in truth an equal Match for both. What is has done at Land against the united Strength of almost all the rest of Christendom, has been sufficiently seen since the Year 1688. The Case in short is this. When the House of Austria was at the highest, when the Wealth of the West-In_dies was entirely in its Hands, when its Reve_nues were clear, when the whole Trade of Europe was managed by its Subjects, or its Vassals, (excepting what was in the Hands of the Portugueze and the Venetians) and when great and fruitful Provinces even of France it self were obedient to its Princes, yet then France was so much a Match for it, that the Kings of England could, whenever they came in heartily, turn the Balance; and yet the Crown of England was very much weaker than it is now. We had no Fleets, no Foreign Trade, nor could we absolutely rely upon Scotland to help us. What therefore cannot France do, when it has open and avowed Settlements in the Spanish West-Indies, when King Philip cannot bring home his own Plate un_less other Nations will give him Leave, and when the First Prince of the Blood of France is upon the Spanish Throne. It is a Jest to say that Charles VI. if he had all he asks for, would be so great as ever Charles V. was, that Lewis XIV. is not much more powerful than any of his Predecessors, and that Queen Anne is not capable of turning the Balance of Eu_rope as effectually as ever Henry VIII. did.

But the Crowns of France and Spain will not be under the same Head; and the two Branches of the House of Bour_bon in Time may quarrel: at least their In_terests will be different. It is indeed possi_ble that they may quarrel, but it is by no means likely. The Two Branches of the House of Austria were divided after the Abdi_cation of Charles V. to the Death of Charles II. of Spain, who was the last Prince of the Male Line of his own Branch. That Division lasted above 140 Years. During that Period, the Spanish Branch carried on a War for above 50 Years in the Netherlands against the Inhabi_tants of those Provinces who had withdrawn themselves form their Obedience; and for near 30 Years against France before the Peace of the Pyrenee's, and afterwards from the Year 1667, when the French King invaded the Spanish Netherlands upon the Death of Philip IV, with very short Intervals till the Year 1700, when Charles II. died. The German Branch carried on a long and terrible War in Germany from the Time that Frederic Elector Palatine accepted of the Crown of Bohemia till the Peace of Munster, which was near 30 Years. In all that Time, the Two Branches never took up Arms the one against the other, but always mutually assisted each other as they wanted any Assistance, to the utmost of their Strength. Was it not the Spanish Assistance which was constantly, and affectionately, and powerfully lent to the Emperors Ferdinand II. and Ferdinand III. during those German Wars, which hinder'd K. James I. and K. Charles I. from procuring the Restitution of the Palati_nate to that unfortunate King of Bohemia and his Children? Upon Philip IVth's Death, did the Emperor Leopold stand by when the King of Spain was attack'd? Were not Leopold's and Charles's Interests always judg'd to be the same, and did not they perpetually act in Con_cert with each other?

It will be the same now, with the Two Branches of the House of Bourbon. France will support Spain for its own sake, and Spain will always return the Kindness as long as there is any one single Power in Europe, which by claiming under the House of Austria shall pre_tend to the Succession of the Spanish Monar_chy. I do not ask what secret Engagements King Philip may be under to his Grandfather, and his Successors Kings of France; tho' it is not likely, that Lewis XIV. has made so ill a Bargain for the vast Sums of Money which he has spent to settle his Grandson, for the Quan_tity of Bloodshed on that Account, and for the wasting and impoverishing his own Noble Country, as not to secure something equiva_lent to Repayment, or Requital for so great an Expence and Loss. But this I enquire not into. I would rather enquire, whether it is not likely, that the Two Branches of the House of Bourbon, supposing them to be distinct, should not look upon it to be their Interest to stand by each other. Till K. Philip is fully settled, he can no more subsist without France, even after a Peace, than a Child that is learn_ing to walk can go without a Leader. Whatso_ever may be the Interest of Spain it will be the Interest of its King to adhere to France. Arragon and Catalonia, especially the Latter, will be disgusted. What Factions may arise in Castile is uncertain; and it will always be the Interest of Portugal to foment Disturban_ces, and to harbour, at least not to discounte_nance, Malecontents. In such a Case a British Parliament will scarce be willing to assist the Crown in abetting K. Philip: And we can hardly think that Holland will be forward to assist him. Thus it will be at first, and what Scenes may arise afterwards, we cannot at this distance with any probability undertake to foretell.

This is all upon a Supposition that the Two Crowns are upon Two Heads. But may we not reasonably enquire what may probably happen if the Dauphin should dye without Issue Male? In answer to this we are told, that K. Philip has actually renounced for his Chil_dren, born or to be born, all his and their Titles to the Crown of France for ever. This Renunciation will be more or less Valid, as it can or cannot be supported by Arms. What has been done in that Way already by the House of Bourbon since the Peace of the Pyrenee's is publickly known, and has been lately set in an excellent Light by the Author of the Sighs of Europe. Since no Side therefore does at the Bottom believe a Bourbon Renunciation to be of any force with the Renouncers, any farther than as it is backed with a sufficient Strength that may make it execute it self, I would desire Gentlemen to take along with them these following Considerations. In the First Place then, it is certain that it is more for the Glory of Lewis the XIV. to have his Grandson Philip Lord of the Whole in case of the Dauphin's Death, than to have him only K. of Spain. France will really then be Mi_stress of Europe, and a Prince descended from Lewis the XIV. will be its Governor. The Dauphin is so extream sickly that his Life is not expected; and it is not supposed that he will out-live his Minority. The French King is old and infirm; scarce a Month passes but we have an Account of his Indispositions, which when they are so frequent in a Man of his Years, are very alarming; That seems to be the Reason why he takes such pains to get England to sollicit the Allies to come in, tho' why they should so sollicit it, is not to be ima_gin'd: The Dutch are promised their Barrier very little worse than it was before stipulated in the Year 1709, between Us and Them; tho' my Lord T&horfill;d was declared an Enemy to his Country by the Parliament of Great_Britain for signing it at that Time. A Reci_procal Guarantee is offered between the Crown of Great Britain and the States General for that, and for the Hanover-Succession. This is to ha_sten the Work. Now if it is not likely, that (if it were left to the Fench King's Option) he would chuse to have the Two Crowns ra_ther Dismembred than United, then one may justly fear, that such Measures may be here_after taken, and which if taken, cannot be pre_vented by Us and Holland, as may unite them after the Demise of the Dauphin. Without this Renunciation K. Philip could not keep Spain at all. The Ministry, who want no Courage, would scarce dare to advise the Queen to sign a Peace with France without it: This the Courts of Versailles and Madrid know very well. France therefore (let its Secret Designs be what they will) must have a Peace if possible whilst the Dauphin lives. Sign now, and leave the rest to Time. Thus we may suppose they reason. Great-Britain is willing on these Terms to come into a Peace; and that Opportunity is not to be slipt; and from what the Court ofFrance has done in former Conjunctures, we may make Rational Suppositions of what they are doing now.

But farther: It is possible the French King may be in earnest; that he not only longs for Peace, but bon� fide intends to keep it. He may perhaps seriously repent of his former Breaches of Faith, which have been more fla_grant, and more frequent, than can be matched in the History of any single King, of what Religion soever, since the Creation. But if he should not be in earnest, and only propo_ses to amuse us till a fitter Conjuncture offers it self, what can be done? Why, we are told, that the Dukes of Berry and Orleance will make the Title, which they have acquired by this Renunciation of K. Philip, good by their own Interest and Force. I wish they may; but it may be justly questioned whether they can make it good: No Nation has ever shewn it self so jealous of the Succession of their Kings as France has done. The French Nation have not renounced K. Philip, nor indeed can they. They have a Right to demand that he, and in default of him that his Children should reign over them. And they may (for ought we know) think it their Interest to have it so. In that Case France would become the Seat of Empire, and Spain and the West-Indies Provin_ces to France. France in case that should hap_pen would gain greatly, and that they well know. The Industry and Activity of the French Nation, which for these last 50 Years has turned it self more than ever it did for_merly to Trade and Business, to Maritime Af_fairs, and to making Settlements for Commerce in remote Countries, would soon bring the Trade of the World into their own Hands.

The truth is, we strain at Gnats, and swal_low Camels, when we bellow at the Dutch, and overlook the French in this Article of Trade. France we are told is to have Lisle re-delivered upon the Peace. Lisle was the Center of the Woollen Manu_facture for Stuffs, which the French Erected in this last Age, when the Allies took it in 1708. That Manufacture, which for several Ages was the great Glory of the English Nation, has been raised by them in all its considerable Branches to an amazing Height. Ten Assiento's will not make that Loss good. And we are told now, that Lisle must be restored, because otherwise they cannot make the proper Assortments (as they are called) of Cargoes to send to their Plantations. These Assortments we made before, and God be praised can make again. It will (I fear) be to little purpose to tell us, that We shall be favoured as much as the Nations the most favoured in the Treaty of Commerce. The French will undersell us at least if they do no_thing else; and by having Settlements of their own in America, they will carry on the Trade more advantagiously than we possibly can. Trade is not to be forced: If the Spaniards in the West-Indies can buy to greater Profit of the French than they can of us, they will do so, let our Tariffs be never so splendidly drawn.

The Hopes therefore of that Immense Gain which the French may reap from the Indies, in case they had a King of their own at the Head of the Spanish Monarchy, will very pro_bably be a powerful Motive to them to desire K. Philip to be their King if the Dauphin should dye, especially since he has an Hereditary Right of his own to support him. If Lewis the XIV. judged it to be the Interest of the House of Bourbon (may they reasonably say) to oblige his Grandson to renounce France, what is that to Us now? Kingdoms are not like Private Inheritances. If the right Heir has an indefeasible Right to our Allegiance, we have the same indefeasible Right to his Govern_ment. If he will renounce for himself, he cannot however renounce for his Children. Any Act of this ought not in Natural Justice to affect them. Nay, supposing he could re_nounce for his Children yet unborn, he can_not renounce for those Two Sons of his that are born already. If it may be alledged, that the Children yet unborn can have no accruing Right to what the Father had no Right to at the time of their Birth, yet the Case is diffe_rent with those Two Princes who are now actually born. They were born Princes of the Blood of France, and are unquestionably too young to do any Act of their own that can be Valid, and it is essentially unjust to tye them up by what their Father does in a Thing of this Nature where their Birthright is concerned, and a Birthright of such vast Importance, not only to themselves but to all the rest of Christendom. Now it is no Chy_merical Supposition to imagin that the French Nation will reason after this manner, when once a seasonable Conjuncture shall offer it self, it is not impossible likewise that they may think this to be the only way to prevent a Civil War. To their Cost they know what Civil Wars upon the Account of a Title to the Crown mean. No Nations ever carry'd on a more severe, or a longer War without Intermission than they did after Henry the IIId's Death, to settle Henry the IVth. who was next Heir, upon the Crown. And this they did, tho he was a Protestant, and con_tinued so for several Years after; and when the League try'd to set up the Cardinal of Bourbon his Uncle, thinking thereby to pacify the People, it proved to no purpose, for the Nation chose rather to bear with the Miseries of a Civil War, than to alter the Succession: And this they did against the United Force of Rome and Spain.

Should they therefore upon such an Occa_sion appear zealous for K. Philip, he would have as fair a Pretence to accept of their Love, as he now declares to have to stand by his faithful Spaniards; and whatsoever he shall do in such a Case, will appear to be their Act not his. It is not therefore unlikely the French Nation may judge this to be the like_liest way to prevent a Civil War. Titles have lien dormant for a Generation or Two, and afterwards have broke out when a proper Op_portunity has offer'd it self. This actually happened in the Controversy between the Houses of York and Lancaster for the Crown of England, about 250 Years ago. The House of York gave way during the Reigns of Henry the IVth and Henry the Vth, and asserted their Right in Henry the VIth's Time, when his weak Administration gave them a fair Opportunity. And they asserted in such a manner that they turned out the House of Lancaster, which had kept the Throne for Three Generations. This Example the French have before their Eyes, and this may naturally lead them to think that the horrible Mischiefs of a Civil War can no way be so well pre_vented as by receiving Philip or his eldest Son to be their King, notwithstanding those Re_nunciations which have so long amused Eu_rope.

The Methods indeed which are generally believed to have been taken to clear the ground of the late Two Dauphins, (the Duke of Bur_gundy and his Eldest Son) may put an end to this matter, and leave to the Dukes of Berry and Orleans a quiet and an undisputed Succes_sion. Other Methods will most probably be successless. It is a Jest to say therefore, that K. Philip can renounce for any Body but him_self, or that the French will accept his Renun_ciation any farther than as they themselves like it. They will perhaps appear fond of it at present, because it brings Peace along with it, and a Breathing-Time from those Miseries under which they have so long groaned; and sinking Nations as well as drowning Men, will lay hold of every Bough that will give them present Ease. All these Things put to_gether may probably appear of Weight.

What is here suggested concerning the fu_ture Prospect of the Affairs of Europe, is not said with a Design to accuse the Ministry for what they have done: They certainly know the State of the Nation and the Condition of our Allies better than private Men: And this is a good Reason why By-standers should pass modest Censures upon what they have done. But still a British Parliament has a Right to give Advice in this important Conjuncture, and with all possible Duty and Loyalty to de_sire (if they think it necessary) an Account of the Steps which have been taken for the Na_tion's Good. When my Lord T&horfill;d was de_clared an Enemy to his Country last Sessions for Signing the Barrier-Treaty, the House of Commons were not in the wrong to make such a Declaration, upon a Supposition that they believed him to be so: And I am confident they did then believe him to be such an Ene_my, whatever they might do this next Sessi_on, if the Question were to be put again.

Whatsoever Her Majesty and the British Parliament does, we ought to receive as be_comes good Subjects. Her Majesty declared when she laid the Conditions upon which a Peace might be had before her Parliament, that she had the Protestant Succession most at Heart; and we do with Joy confide in the Solemn Declaration of Her Majesty, who is a Princess of such incomparable Vertues, and of whose steady Love to Her People we have had such frequent Instances. Nor is it likely that a British Parliament will ruin their Country, and bring in Popery in cool Blood. What Private Men may do will not be charged upon them. But I cannot without Concern and Indignation observe how very Modish it is to lay load up_on the Dutch, and how tamely Men submit to see them abused in our News-Letters and Prints in so vile a manner. That the Dutch may have sometimes over-reached us in Trade may for ought I know be true: Tho' they have cleared themselves of so many Things which have been lay'd to their Charge, that perhaps it will be most advisable to suspend our Judg_ments till those Matters are put in a clearer Light. But be it so: In Trade they are our Rivals, and we trust in our Governors that they will take care of the Interests of the Na_tion in that particular, as well as in all others, and we are easy upon that Head. But let the Dutch have been what they will towards us in point of Trade, in which private Men as well as Nations are for engrossing to them_selves as much always as they can, it is cer_tain, that the States-General are at this Time next to us the greatest Support of the Pro_testant Interest in Europe. And I shall not be afraid to assert, that the Preservation of the Protestant Religion has been under God owing to that Commonwealth. After the Bat_tel of St. Quintin when France lay wholly at the Mercy of the K. of Spain, Philip the IId preferred the Cause of Popery to the Increase of his Power by ruining the K. of France, and struck up a sudden and an unexpected Peace, that he might enter into effectual Measures with Henry the IId to extirpate the Northern Heresy; which Measures would humanly spea_king have been successful had not God won_derfully interposed. For Henry the IId was killed soon after, and left Children who were unable to execute the Designs which their Father had laid; and Philip by oppressing the Low-Countries contrary to their own just and known Privileges, which he himself had but a little before solemnly sworn to observe at (what their Historians call) the Joyful Entry, forced them upon Measures which at last end_ed in the Erection of the Dutch-Commonwealth. The Wars in the Netherlands which were sub_sequent to those Commotions, took up all K. Philip's Time, and wasted his Men and Trea_sure; and to the steady and constant Support which Q. Elizabeth gave that Infant-State we owe our own Liberties both Civil and Religi_ous. If the Dutch could not have stood with_out Her, She could as little have stood with_out them. The Spanish Invasion would not have been the only one in her Time, if the Low-Country Wars had not kept Philip the IId constantly employ'd during the whole Course of his long Reign. What could Germany have done then, if the Netherlands had been en_tirely reduced? Whereas now England and Holland can mutually support one another, and stand by the Protestant Interest any where else. And for God's sake let us look into Germany a little? Saxony is lost, we may say irreparably, when the Electoral Prince once abjures his Re_ligion, which we expect every Post to hear he will. The Palatine-House has left us a good while ago. There are now but Two Prote_stant Powers in Germany, of any great weight, Hanover and Brandenburgh. These Conside_rations render it necessary for the Two great Protestant Powers of Great-Britain and Holland (which are indeed very great when well uni_ted) to keep together. God has no where promised to work Miracles for his Church; and if he had, yet there is no reason to sup_pose he should work any for those that forsake themselves. We are told indeed that the Dutch will for their own sakes stand by us in the Day of Danger. Be it so. But then there must be mutual Confidence as well as mutual Interest, or else Alliances will be weakly sup_ported, and Assistances coldly given. And how far that Confidence has been broken with_in these last 18 Months, between Us and Hol_land, I do not pretend to determine.

It is not therefore either an improper, or an undutiful Question to ask, if the House of Bourbon should have a Mind to bring in the Pretender after the Peace is ratified, and K. Philip quietly possess'd of Spain and the West_Indies, whether it will be so easy to keep him out as it would have been, if by our with_drawing from the Allies we had not forced them to make a precipitate Peace? Is it not the joint Interest of both Branches of the House of Bourbon to bring him in if they can? The House of Hanover, whenever they come, must for their own Security stand by Holland and the House of Austria, whose Interest it certainly is to keep France from rising higher. If we would pass a right Judgment upon this Matter, we must see what the present Dispo_sition of the Nation appears to be. Do we not see Pamphlets openly Published among us, to show that no Prince ought to be debarred, of (what is called) his Natural Right to go_vern, upon the Account of Diversity of Religion? And does not this holy Right (as it is term_ed) appear every day in the Advertisements of our most celebrated News-Papers, which are spread the farthest, and the most greedily read? What does this tend to, but to wean the People by Degrees from their Fondness for the Protestant Succession? If any Man, let his Personal Character have otherwise been ne_ver so eminent, and let him have been never so zealous, and acted never so steadily for the Tory Interest, ever since the Revoluti_on, but once declare against a Peace with France at this Juncture, and upon these Terms, is he not immediately traduced in our Weekly Papers, in Lampoons, and in Penny Merriments, and treated as the vilest of Scoundrels, and set up as a Mark to be shot at by the People? An Apostate from his old Principles, a Companion for T&horfill;d, and a Member of the Calves-Head Club, is the best Language he must expect to meet with.

I will not deny, but the Ministry has, what we are sure Her Majesty has most at Heart, which is the Protestant Succession. Yet what so effectual Course can be taken, to bring People to bear with what they before abhor_red, as what we see daily practised? No Man thinks a British Ministry will attempt to alter the Establishment, unless they think they shall be backed by a British Parliament: And what Parliament will venture at any Innova_tions against the universal Bent of the Peo_ple? The People can be no other way lured on so successfully as by a present Peace, and the Prospect of future Plenty. The Land-Tax bears very hard upon the Gentlemen of Eng_land; and I do not affront them, when I say, that great Numbers of them wou'd be very well pleased to see French Wine as cheap as it was Twenty Five Years ago. The trading Part of the Nation may possibly be brought by Degrees to think, that they cannot enjoy any one Branch of their Trade securely, so long as the Dutch can send out a Fisher-Boat upon the Ocean, or a Merchant-Man to the East-Indies. Our Pamphleteer's do now assure us, that the King of France has been a strict Observer of his Word all along; and the next Thing which we are to look for, is, that he will join in a Guarantee to secure the Barrier for the Dutch, and the Hannover Succession, against himself.

There is nothing can ruin us at Home, but an implicit Confidence in every thing that is called a Tory. The Bulk of the Tories of Eng_land are in their Hearts against the Pretender: And they will not easily be brought to think, that Men of whom they have long a good Opinion, can harbour any Designs but what appear above-board; and it is indeed possible there may be no evil Designs under-hand car_ry'd on. The Tories are fond of the Church of England, of Monarchy and Episcopacy, and God bless them for such their Fondness. The Whigs unfortunately, (and perhaps some of them maliciously) gave into several Things, whilst they were in Power, which look'd ve_ry ill towards the Church. It is not to be be_lieved, how much the Clergy were exaspera_ted all over the Nation, by the publick spread_ing of that pestilent, and, in truth, heathenish Book, called the Rights of the Church. The Ministry sat by, and the Parliament for a long while took no Notice of it. This inflam'd the Body of the Clergy: And tho' the most and the best Answers against it were written at the Command of Whiggish Bishops, or dedicated to them; yet since the Civil Power did not interpose in a Matter which so nearly concerned the Being of the Church, and the Maintenance of its Clergy, their Dissatisfa_ction was not lessen'd. The Impeachment of Dr. S&horfill;l afterwards for a Point of Do_ctrine, made them lose all Patience. The Rage which that Impeachment produced had dire Effects. Men that were really concerned for their Religion, (and of those we have great Numbers) believed their common Christianity was at Stake. And when the Children of Darkness appeared above-board, when not only such little Scriblers as T&horfill;l, C&horfill;ns, A&horfill;l, and T&horfill;d; but even some whose Birth and Quality gave them a Hereditary Place in our Parliament, appeared in Print against the Christian Religion, in De_fence of what they called Natural Liberty, and Free-Thinking, as if his Quality gave any Man a sufficient License to brave the Lord of Hosts; and all this while the then Ministry sat uncon_cernedly by; if this gave the secret Enemies of our Constitution Opportunity to set things in a Flame; it is not to be wondred. And in truth I have often thought, that the Fall of that Ministry was a just Judgment of God upon them for their Remissness, in not giving what Check they could to the horrid Course of those vile and irreligious Books which appeared at that Time; and I fear it is no Breach of Charity to say, that some Leading Men amongst them, whilst they laboured to appear to be Englishmen, forgot sometimes that they were Christians. But they have smarted for their Folly; I hope they will re_pent of it.

But must we necessarily fall into Scylla, in endeavouring to avoid Charybdis?

Could we not (as Sir John Denham says)

wake (from that Lethargick Dream, But to be restless in a worse Extreme?

France will not, it cannot, unless it will abjure Popery, support the Church of England, or Protestant Episcopacy. The Pretender under any Disguize, and British Liberty, are in_consistent Things. To think, that if he were once settled here, he wou'd not be influenced by Directions from Abroad, is downright In_fatuation. It is allow'd that we are not of our selves strong enough to hinder it; where then in such a Case could the Nation fly for Relief? Have we not wantonly cast off our old Friends, without getting new? I must here again repeat it, (because what is never out of my Mind, I would not lose sight of one Moment,) that I have no design to ac_cuse the Ministry. They can't alone ruin us if they would. Should they pour in never so many Bodies of new Lords into the upper House, still the House of Commons are in Pos_session of the Triennial Act, and a certain E_state in Land is a necessary Qualification to enable any Man to be a Member of their House. But the raising new Troops of Peers is an expedient the same Ministry as long as there is any public Liberty left, will hardly venture to try above once. In Her Majesty's Good_ness therefore, and in a British House of Com_mons we think ourselves safe. And, God be thanked, we have those Securities. For we may ruin ourselves very easily if we please, for there is a Door already open, which with_out very speedy care be taken may let in those Enemies, whom, when once let in, it will not be in our Power very easily to drive out. Our immediate Danger at present is from Scotland; and how few apprehend any Dan_ger from the Quarter! The Imposition of the new Oaths has shewn what the Scottish Nation would be at; and if for no other Rea_son the Imposition of those Oaths was neces_sary at this time, that England may see how the Scottish Nation stands affected. The Con_vulsions which have happen'd since the Oaths were tendred to the Scotish Ministers of both Persuasions, deserve to be set in a clear Light before us, who live on this Side of the Tweed, before they rise to too great a Head. Now the Case is this. By an Act past this Session (Ann� 10. cap. 7.) all the Ministers of the Established Church of Scotland, as also all the Ministers of the Episcopal Persuasion in North_Britain (who are tolerated by the said Act to hold Congregations according to the Liturgy of the Church of England) were obliged to take and subscribe the Oaths of Allegiance and Abjuration on or before Aug. 1. 1712. This Time being found to be too short, they had by another Act past the same Session (Ann� 10. cap. 32.) Time given them to qualify themselves till Nov. 1. 1712. During this Interval, the general Assembly of the Church of Scotland met, and made a Declaration which they presented to Her Majesty. In which they set forth, that they did not understand any Words or Syllables in that Oath, to have a Sense or Meaning contrary to their known Principles and Church Government. When the Time drew nigh in which they were to qualify themselves, the Quarter-Sessions met in most Parts of Scotland, that the Ministers who would take the Oaths of Allegiance and Abjuration, according to the Toleration-Act above-mention'd, might have an Opportunity so to do. At Edinburgh, Twenty six Mini_sters of the Presbytery of that Place, went in a Body to the Sessions, preceded by Mr. Carstairs, in order to qualify themselves, and there tendred the above-said Declaration of the General Assembly. Some of the Justices protested against receiving any such Declara_tion, others protested against the former, for not admitting it. These being out-number'd, the Minsters after having privately protested that they had offer'd such a Declaration, took the Oaths and subscribed them. The same Thing was done in other Parts of Scotland; and those that took the Oaths protested ei_ther before or after they took them, that they had tendred such a Declaration. But in the whole, it is computed that not above one half of the Ministers of the Established Church have taken the Oaths. Six of the most po_pular Ministers in Edinburgh have refused them. Of the Episcopalians, but Two have comply'd with the Act throughout Scotland: One in Edinburgh, who preaches to the Eng_lish Congregation there; and one at Glasgow, who has lately taken Orders, and open'd a Meeting in that City. The Sunday following the Non-Jurors of both Parties preached pub_lickly, and I suppose do so still. In Edinburgh it self the Populace join with the Non-Jurors, so that their Churches are thronged, whereas the Jurors are in a good Measure deserted. One Minister particularly beyond the Frith that had taken the Oaths, went the next Sun_day to preach as usual in his own Church, and found the Doors shut against him; and he was threatned to be stoned, if he attempted to o_pen them.

This is the present State of the Church of Scotland. The Episcopalians directly declare themselves to be Jacobites, and upon that Score alone they refuse the Oaths. That no Man questions. And Whig and Tory on the other Side of the Tweed are Names that are universally understood to denote Men that are for or against the Pretender. Care has been taken to infuse Scruples into the Presbyte_rians, as if the Intention of the Parliament by this Act was to destroy their Church Govern_ment by Degrees. Weak Scruples they are God knows! and yet weak as they are, they have had Influence enough to propossess one half of the Ministers of the Estalish'd Church. The Provincial Synod sat lately, and the Non-Jurors gave in a Declaration to the Sy_nod, setting forth that they had no other Objection against the Oaths, than that they understood themselves to be thereby bound to support the Hierarchy of the Church of Eng_land contrary to their known Principles. The Jurors gave in another Declaration, declaring that they did not take them in that Sense. This shelters the Jacobites: And upon this Ac_count they have industriously fomented these Scruples among the Presbyterians.

Is not here now a fair Field in which the Friends of the Pretender may exert themselves, whilst Things are in this Confusion? The Nobility and Gentry, it is to be feared, are but too much disgusted, upon the account of their being (as they think) shut out by the Union of their Birthright, by which they had for so many Ages by-gone so great a Share in the Legislature. This operates too much even upon the Presbyterians themselves: Tho' could they carry their Resentments against England, against which they are chiefly enraged upon the Account of the Union, so far as to join with the Pretender, they would have reasons to expect nothing better than Ulysses's Fate, to whom Polyphemus in the Poet promised as a Reward for making him Drunk that he should be eaten up last.

Be this as it will: Here is a great Body of Men, and those at a great distance from Lon_don, and not very rich, and consequently more liable to Temptation, disgusted. It will be_hove a British Parliament to find a Remedy for these Evils as soon as possible. It will be equal_ly their Interest to quiet People at home. The Church has been already made easy with relation to the Dissenters by the passing of the Occasional-Bill, which past last Sessions with_out Opposition. The Whigs by giving readily into it show'd themselves not to be Enemies of our Church, or if they were so before, they hereby made a signal Atonement. When the Dutch see that we are heartily in the Interest of the Protestant Succession, we may be sure they will be heartily our Friends, especially since their Bar_rier is so well secured. Whatsoever private Men may sometimes do, Nations never keep alive their Resentments, when once the Causes of the Disgust, real or imaginary, are removed. All the Tories, who are not Jacobites, will readily joyn with all that approve themselves to be Friends to Monarchy and Episcopacy, in order to se_cure the Nation against Popery. That we are spent by this long and expensive War is unquestionable. The Jacobites and Papists have not Strength to make any considerable Opposition, when once Steps are taken to secure these main Points. What the House of Bourbon will or will not do, as it must be left to Time, so Men will chearfully submit it into the Hands of the great Governor of the World. In short, it is in the Power of the British Parliament, humanly speaking, to secure us from those Evils, of which very many among us are as they think justly afraid. They are Britains, they are Protestants, they have abjured the Pretender, they have great Estates of their own, and they have a Poste_rity which are justly dear to them. They may be sure Her Majesty will gladly hearken to any Advices which they shall give Her for the Nation's Good; and they are called together to give Her such Advice. The Ministry likewise will for their own Sakes be ready to promote what the Parliament steadily adheres to, as knowing that whilst they pursue what is the real Interest of the Nation, they take the likeliest Course possible to continue to themselves that great Power which they have already got.

Jan. 13. 172/3.

&horbar FINIS. &horbar |CPO |Y1724 AN EXAMINATION AND RESOLUTION OF THETwo Questions following, viz. First, Whether Unfreemen can Vote in our Wardmote Elections. Secondly, Whether Freemen paying to one or more Scots, and not to all, shall be quali_fied to Vote in those Elections. Humbly Address'd to Sir WILLIAM THOMPSON, Knight, RECORDER of the City of LONDON, AND TO JOHN LINGARD, Esq; Common Serjeant of the same. &horbar By a Citizen. &horbar Antiquam exquirite matrem. ---- Virg. &horbar London: Printed for James Roberts, at the Oxford-Arms in Warwick-Lane, 1724.

GENTLEMEN,

LOndinensis some time ago treated of the Question relating to the ne_gative Voice claimed by my Lord Mayor and Aldermen over the Com_mon Council, and with some Success, as it seemeth: Vid. Letter to Mr. Tims. That Author, towards the Close of his Treatise, told us of the Purpose he then had of giving us his Thoughts at the same time upon the Elections of Common_Council-Men, Aldermen and Sheriffs of this City, in the like Manner as he there did of the Negative Voice of the Lord Mayor and Aldermen, but that he was hindred therefrom by the Reason there given; since that, we have heard nothing from him upon that Subject: I have therefore adventured to undertake to speak of these Elections my self, with the same Intention and Design with which Londinensis spoke of the Question above-mention'd, in or_der, as much as in me lies, to clear and satisfy the Controversies about these Elections, which at present disturb the Quiet of the City; and I crave Leave to do so, worthy Gentlemen, under Your Names, Patronage, and Protection, because that will procure for me a fair hearing from my Fellow-Citizens, and add some Weight and Authority to what I shall say; for, before whom can I more properly speak of the Controversies of the City, than before you two Great Officers of the City? And before whom must I speak of them with greater Caution and Impartiality than before the same Persons, who are equal_ly attach'd to every Branch of the Constitution of the City? And whose Pro_tection, for the same Reasons too, I must neither desire or expect in this Un_dertaking, but as I shall fairly and honestly endeavour to deserve it.

The Election of Common-Council-Men, you know, is made in the Ward_mote; the Wardmote is no other than a Court-Leet, held before the Alder_man of the Ward, or his Deputy, at Times and Seasons accustomable.

Every Inhabitant within the Ward (except Peers of the Realm, Ecclesia_sticks, Women, and Children under the Age of Twelve) ought to appear and answer there.

When he appears, he is bound to serve as Constable, Questman, Scavenger, or in other Quality as the Business of the Court requires.

The Jury ought to present or indict Offenders.

Offenders who break the Peace, or levy or suffer any common Nusance, and all other Offenders, accustomably presentable in a Court-Leet, I mean, in a City Court-Leet. For there is the very same Diversity observable betwixt a City Court-Leet and a Country Court-Leet, as betwixt a City Shower and a Country Shower, in the Tatler or Spectator: However, I need not repeat them to you in particular; they are so well known amongst us, from the Articles of this Court, annually printed and distributed in this City; I will but just men_tion Fornicators and Adulterers, which this Jury (above all others) may pre_sent at this Day; and hence it comes, that Women within the City may have an Action at Common Law for being charged with Incontinency, because of the Temporal Punishment they are liable to here for that Transgression. In other Places such Offenders are left wholly to the Spiritual Court.

And the Reason of the Difference, as I apprehend, is in regard to the Youth, which are committed to the Citizens here, for their Education in ho_nest Crafts and Trades, more than to others in any other Place beside.

But to proceed,

These Presentments are to be made by Indenture betwixt the Jury and the Steward; and the Offenders, thus presented, are to be punish'd as in other Leets, without any Traverse or Plea to be put in to the contrary.

Offenders against Statute Law, as those Statutes direct.

Offenders at Common Law,

Particularly Brewers and Bakers, who break the Assize of Bread and Beer, with Pillory or Tumbrel.

Scolds, with cucking Stool.

Bawds (or lewd Women) are to be carted.

Generally, all other Offenders are to be amercied by the Jury, which Amer_ciament may be levied by Distress, by Warrant from the Alderman, or by Action of Debt.

I am very well aware, that now a-days the Mayor, in his Precept which he sends to the Alderman, to hold his Wardmote, directs, That the Inquest should return the Names of the Offenders, with their Additions and Places of Abode, that they may be prosecuted by due Course of Law: And that the Practice now is, when the Presentments are return'd to the Lord Mayor, in the Court of Aldermen, to bind some of the Jury over to appear, and prosecute the Of_fenders at the Sessions of the Peace; tho' this is but an Innovation, and can never be the antient Course or Institution, First, because these Court-Leets were far more antient than the Sessions of the Peace any-where, and more es_pecially than those of this City; and therefore, what was found amiss by these Enquires, could never be referr'd to be redress'd, in a Court not then in being; Secondly, These Enquiries would be wholly useless and ridiculous, if the Jury, after they had presented the Offenders upon their Oaths, could not punish them themselves, but must, after all, turn Prosecutors against them elsewhere, in another Court; and there begin de novo; So much they might have done, surely, without such previous Enquiry or Trouble.

Besides, we are taught by Liber Albus (compiled in the time of H.V.) in the Chapter intituled Wardmotum, or Modus tenendi Wardmotum, That one part of the Wardmote Indentures shall remain with the Ward, and the other with the Alderman, who shall deliver in the same to the Lord Mayor, in the Court of Aldermen; where, after an Extract made of what (if any) may ap_pear proper for the Mayor and City to execute, it shall be delivered back a_gain to the Alderman, to be by him put in Execution in all other Articles there_of; which plainly discovers what was the antient Course of this Court. And the reason why this antient Course came to be altered, was, as I presume, be_cause Presentments in Court-Leets, as hath been said, are not traversable, but the Offenders must submit to their Punishments without more ado, unless they will remove them into the King's-Bench by Certiorari: But Presentments at Sessions are traversable, and the Party accused may be heard for his De_fence; and therefore, the Jury in favour of the People, have, of later times, as they have been instructed, only made Enquiry of the Offenders, and have referred them to be proceeded against at the Sessions of the Peace, within their own City, where they may traverse their Indictments, if they think fit. Yet this does not alter the Original Nature of the Court, but it is what it was notwithstanding, at least, in Construction of Law.

In this Court it is, that Elections of Common-Council-Men are made, though those Elections, strictly speaking, are no part of the Business of this Court. But when the Freemen of the City gave up their Folkmotes, and Common-Halls, where they used to transact the Business of the Corporation in Person, and were content to sit at Home, and send their Representatives from the several Wards to act for them in Common-Council in certain Ca_ses, then, I presume, the Election of these Representatives came to be per_formed here, and with good reason; for where, or when could such Electi_ons be supposed to be performed with more Conveniency and Satisfaction, than at the Time or Place, when, and where, not only the Freemen, (who however, ever did, and still do make up the more considerable Number there) but the whole People of the Ward were assembled together. Nevertheless the Election did not thereby become an Article of the Court-Leet, strictly speaking, wherein all the Inhabitants were promiscuously concerned, free or not free, but remained a separate Act of the Freemen only, by them per_formed there, openly, and before all the People, for the greater Ease and Solemnity. And this will further appear, if you observe, That a Wardmote taken as a Court-Leet, is a Collection of all the Inhabitants of the Ward (except before excepted) met together before their Alderman, as their Stew_ard, to punish, or prevent Breaches of the Peace, and common Nusances, &c. But a Wardmote, considered for the purpose of an Election, is no o_ther, than a Collection of the Freemen of the Ward met together before their Alderman, as such, to make an Election as Freemen. In the former Respect, the Business of the Wardmote concerns all the Inhabitants, as such, equally; but in the latter, it concerns only Freemen in that Capacity, and no other. Here, the Freemen do the Business of their Corporation before an Officer of the Corporation; There, the People do Justice to themselves before their Steward. Here, they perform their Suit and Service to the Crown as Sub_jects; There, they exercise a Privilege to them especially granted, as Members of a Corporation: And this Diversity and Distinction remains in Con_struction of Law, notwithstanding the promiscuous Assembly of Freemen, and Unfreemen together; and notwithstanding in common speaking we call each Assembly indifferently by the Name of a Wardmote.

And for any thing I know, these Elections were first appointed in this Place from the Elections of Sheriffs, which anciently were, and the Elections of Coroners and Members of Parliament, which, to this day are made openly in the County-Courts, for the Reasons I just now mentioned. 2. Just. p. I 74 But these Elections of Sheriffs, &c. as often as there was occasion, were ever part of the Business of the County-Court from the Beginning; but our Elections were, in pro_cess of time, added to the Court-Leet, and therefore may with less Objection, be separated from it, or made without it, as the Election of Aldermen is made without it to this day, as I shall shew hereafter.

And yet, after all this plain reasoning, as to me it seems, some Gentlemen are pleased to make a doubt, and gravely state it as a great difficulty in some others which follow hereafter in a late serious Performance, "Whether or no, the Unfreemen have not a right to vote in these Elections"? But with_out any reasonable Ground or Foundation that I can apprehend.

But it is said, that the Unfreemen of the Ward are contributary to, or pay Scot, and bear their Lot in the City, and are bound and obliged by the Laws of the City; and therefore they ought to be concern'd, or to have some Share in the Government of the City, either by themselves, or their Representa_tives.

First, You will hereafter find, that Aliens and Denizens were made contri_butary to the State of the City, and yet never therefore insisted to vote in our Elections.

Secondly, the Unfreemen do indeed pay their Scot, and bear their Lot within the City, of the Publick Taxes and Offices of the Kingdom or Con_stitution, as Parish Taxes and Offices, Court-Leet Taxes and Offices, &c. just as they would be oblig'd to do, if they liv'd within any Court-Leet, in any Parish, in any County of the Kingdom; and for so doing, they have their Share in ordering of those Taxes and Offices; but they do not pay either Scot, or bear their Lot of the Taxes or Offices of the Corporation or City, proper_ly speaking, or at least ought not so to do, as you may better observe here_after.

As to their being bound by the Laws of the City; if by the Laws of the City, they mean such Laws as the City makes by Virtue of the Franchises of Court-Leets, and other Franchises granted to them, it is good Reason they should be bound by them, as all other Inhabitants whatsoever are, indifferent_ly and without Distinction: But if by the Laws of the City, they mean such By-Laws as the City makes, merely as a Corporation, without the Advan_tage of any other Franchise or Power, then they are no more bound by them, than all other Strangers whatsoever; and yet such are bound by them in certain Cases. The Acts of Common-Council are local Acts, and bind Strangers as well as Freemen, within the Liberty of the City, in certain Ca_ses; and if from thence any Privilege of Voting is to be deriv'd, by the same Way of arguing which these Objectors set up, all the World ought to vote in these Elections, as well as the Unfreemen of the Ward; because whoever comes into the City must be bound by those Laws in certain Cases, as I said before. Besides, I cannot find, but by our Constitution all Principals ever send abroad Representatives from their own Body, and of the same Quality with themselves; as Citizens send to Parliament Citizens, Burgesses Burgesses, and Freeholders their Knights of the Shire, and Com-peers; for that Reason, an Unfreeman cannot send a Freeman to Common-Council, as I apprehend: You may as well say, that an Unfreeman may sit there himself; where none such can sit, or ever did sit, except you, Gentlemen, the Recorder and common Serjeant, and other Officers of the City; but you and they, you know, sit there as Officers, and by way of Assistance, as there may be Occasion, and not as Members, to debate and vote.

It is farther urged, that the Unfreemen have ever voted at such Elections. If that was so, yet from the very Reason of the Case, I think it is a manifest Impo_sition, and that they ought to be excluded notwithstanding; mala Consuetudo est abolenda.

But how does it appear, that the Unfreemen have always voted as is pre_tended? No where that I can find; on the contrary, I find in Lib. Alb. in the Chapter above cited, that the Beadle is directed to return to the Alderman, at the Court-Leet, two Lists of the Inhabitants of the Ward; one, of the Freemen by themselves, the other, of the Unfreemen by themselves; to the End, (as the Act of Common-Council herein after mentioned very well ex_plains it) that the Alderman might distinguish which of the Inhabitants are free, and which of them are unfree, that among those only he may proceed to the Election of Common-Council Men, and when all of them meet to_gether, he may proceed to the general Business of the Court. And the same Book in another Place says, "That the Mayor, upon a Vacancy of an Al_dermanship, shall go to the Ward, and there by the Beadle shall summon all the Freemen of the Ward (liberos inhabitantes Wardam) before him, where they shall chuse an Alderman", or to that Effect, as shall be shewn more particularly hereafter: And why the Common-Council Men ought not also to be elected by the Freemen, exclusive of the Unfreemen, as well as the Alderman, I can see no Reason; for, the Aldermen themselves were annual_ly elected by their respective Wards in antient Days, as well as the Common_Council Men; and though they are since establish'd for Life, yet their first Election is not thereby alter'd, but the same remains as it was before.

I very readily believe, that the Unfreemen might, sometimes by Stealth, Inadvertency, Design, or through Ignorance, vote in these Elections, and that in Process of Time, they might do so more frequently than at first, prompted perhaps thereunto by one of the contending Parties or the other, as well as their own Inclinations, as all Mankind are but too apt to pursue their Ends against their Adversaries, without scrupling the Means; but this Practice of theirs no sooner became notorious, but Care was taken by Act of Common-Council to declare in whom (in particular) the Right of Election resided, and to enjoin such Measures to Persons concern'd in such Elections, as one would have thought wou'd effectually have prevented the like for the future: And this happen'd in the Year, 1692. in the Mayoralty of Sir Thomas Stamp, when it was declared by Act of Common-Council, "That it then was, and antiently had been the Right and Privilege of the Freemen of the said City only, being Housholders, paying Scot and bearing Lot, and of none other whatsoever, in their several and respective Wards, from Time to Time, as often as there had been, or should be Occasion to nominate Aldermen, and elect Common-Council Men for the same respective Wards. And, (the Act goes on and says) to the Intent and Purpose that due Care may be taken for the future, and all Persons for the Time to come may take Notice thereof, and proceed in such Elections accordingly, Be it Ordain'd", (conformably to the Directions before cited to you out of Lib. Alb. to this Purpose) "That at all and every Wardmote hereafter to be held, all and every the Beadle and Beadles of the respective Wards of this City, shall and do prepare, return, and deliver to the Aldermen of the se_veral and respective Courts of Wardmote, or to such Person as shall be deputed or authorized to hold the same, one List, to the best of his or their Knowledge, of all and every the Freemen Housholders as aforesaid, dwelling or residing within the several Wards of which they are Beadles, and of no others, apart and by themselves; and also, one other List, to the best of his or their Knowledge, of all and every other Housholders within the said respective Wards only, apart and by themselves, to the Intent that such Freemen Housholders, within the respective Wards only, as often as there is or shall be Occasion, may nominate Aldermen, and elect their Common-Council Men; and they, together with the other Housholders of the said Wards, may chuse their Constables, Scavengers, Inquest and Beadles.

And for the preventing all Errors and Mistakes touching the Premises for the future, and that this be duly put in Execution for the Time to come, Be it also enacted, that to all and every Precept and Precepts, hereafter to issue, and to be sent out for summoning any Wardmote or Wardmotes, this present Act be annexed and affixed; and that before any Nomination or Election (as aforesaid) be made at any of the aforesaid Court or Courts of Wardmote, the same shall be publickly and distinctly read, and decla_red to the Persons who then shall be and appear at such Court or Courts, and be duly put in Execution and observed."

Whether or not this so plain and express Declaration and Injunction made by Common-Council has been since constantly and uniformly complied with, I dare not take upon me to say: You, Gentlemen, can best tell that. As for my Part, I am inclin'd to believe that it has not, but that some Gentlemen notwithstanding either admitted or not admitted Unfreemen to vote in their Wardmotes, as formerly. However, some there were (with Thanks to them be it spoken) who constantly adher'd to the Act of Common-Council, and rejected the Unfreemen; in which Number, Sir John Parsons in his Life-time was always one, whom I here remember particularly, not only for this his Instance of Respect to the City, but more especially for the publick and self_denying Spirit which he shew'd towards her in his Mayoralty, the Benefit and Advantage whereof she enjoys to this Day.

I very well know what is given out on behalf of those who since this Act have admitted the Unfreemen to vote in Elections (supposing that there were such who did admit them) viz. That an Act of Common-Council cannot take away the Votes of Unfreemen, and consequently such Act is utterly void and of no Effect for that Purpose; and I readily agree with them, that in case the Unfreemen have a good Right of voting, an Act of Common-Council cannot take it away from them: But this is begging the Question, and in all Questions, 'till they are fairly decided, give me Leave to say, one should rea_sonably expect that the Aldermen, above all others, should keep and maintain the Laws and Franchises of the City, after their Wit and Power.

There are other Questions lately moved, which are likely yet more to em_barrass and confound our Elections, which, however, have not as yet, that I hear of, been applied to the Election of Common-Council Men, how soon soever they may be, but to the Election of Aldermen only; and therefore I shall defer speaking of them 'till I come to those Elections.

The Common-Council Men being elected and sworn before the Alderman, their Names are usually by him endors'd on the Back of the Wardmote In_dentures, and therewith returned to the Lord Mayor, in the Court of Alder_men, the Head of the Common-Council, as well as of that Court; whence they are sent into the Town-clerk's Office, where Lists or Extracts are thereof made, and given to the proper Officer, who, by them, summoneth the Mem_bers to the Common-Council, as often as he receives his Orders.

I find indeed some Returns of Common-Council Men made in the Body of the Indentures, together with the Officers properly belonging to the Leet: But that Mistake has arose from the late Form of my Lord Mayor's Precept for holding the Wardmote, where he recommends the Choice of Common_Council Men amongst other Articles of the Leet; but from the Beginning it was not so, as may be proved by the Articles of that Court enumerated in Lib. Alb. Fol. where the Choice of Common-Council Men is not to be found.

In fine, for a Proof of what I have laid down about the Wardmote, and because, as I believe, it may appear new, at least to some, I will subjoin hereto the entire Article out of Lib. Alb. de modo tenendi Wardmotum, transla_ted from the Original in Latin. See Appendix.

As to the Election of Aldermen, the same Book before cited says, In eli_gendis Aldermannis consuevit Major ad Wardam accedere, qu� vacavit, & in loco, ubi solet Wardmotum illius Ward� teneri coram se, si voluerit, convocari facere per Bedellum omnes liberos Inhabitantes Wardam pr�dict. & ibid. incontinenti, si voluerint & potuerint, vel per diem pr�fixum eligi debet Aldermannus per majo_rem & saniorem partem illorum, &c. In chusing Aldermen, the Mayor uses to go to the Ward which is vacant, and to cause all the Freemen inhabiting the said Ward to be summon'd before him by the Beadle, in the Place where the Wardmote of that Ward is usually held, if he thinks fit, and there ought the Alderman to be chosen by the greater and better Part of them, either immediately, if they (then) will and can, or on a Day prefixt, &c.

Whence you may observe, that the Lord Mayor upon this Occasion does not summon the People of the Ward to a Court-Leet, but barely the Free_men, to meet to make their Election, and that there is no Pretence whatso_ever to call this a Court-Leet, nor to make the Election of an Alderman the necessary Part of a Court-Leet: Nor indeed have we any more Reason to call the Election of Common-Council Men Part of the Business of a Court-Leet, except only that it is usually made for the Reasons I before mentioned, when and where the Court-Leet is holden; and yet I dare be confident, that the making of this Election in the Court-Leet, where all the Inhabitants are obliged to be present, as well Unfreemen as Freemen, has created all the Dif_ficulties which have so much puzzled and confounded our Understandings thereabouts, which, however, I have here endeavoured to unravel and account for, as well as I am able.

The Election being made, my Lord Mayor makes his Report of the Party elected to the Court of Aldermen, where he is sworn, and takes his Place amongst his Brethren.

But before I leave his Head, I must first speak to the Questions I just now hinted at, to have been lately moved in the Election of an Alderman, I mean the Questions moved in the Election for an Alderman in the Ward of Bread_street, in the Year, 1718.

I shall not presume to look into the State of that Election; it has once be_fore been put into a Course of Examination, which is now clos'd or relin_quish'd, and I shall not go about Quieta movere: All I shall do, shall be to take thence the Questions which I just now made mention of, and to speak to them in the best Manner I can, without so much as remembring the Re_solutions made thereon by the Court of Aldermen, or the Application that might be thereof made to the then present Case.

The Questions are,

First, Whether paying of Scot is a general Contribution to all publick Taxes, and other Charges, in and upon the City of London, and the Inha_bitants thereof.

Secondly, Whether paying to the Poor's Rate, or any one, or two, of such publick Taxes and Charges, and not to all, shall be deemed and adjudged pay_ing of Scot?

Thirdly, And generally, what shall be deemed paying of Scot?

And here, before I proceed, I cannot but repine, that I had not the Op_portunity of hearing the Debates of the Learned Gentlemen of the long Robe, who argued these Questions in the Court of Aldermen, whereby I might have formed and settled my Notions aright, touching the same; but I cannot so much as obtain any perfect Account of them, at least, not with_out more Enquiry than I think proper to make after them; for I dare say, neither of you Two, Gentlemen, would have endured to have been asked for any Account of what pass'd in the Court of Aldermen, especially in private De_bate there; nevertheless I will proceed by myself as well as I can.

To begin with the last first, which, as I apprehend, ought more properly to precede than follow the other two.

First, What shall be deemed paying Scot in general?

Scot is no more nor no less than Shot, which is a Word still in use in many Places in the Kingdom, and signifies a single Part, Share, Quota, or Propor_tion of an Integral Summ, or Summ Total; to pay Scot therefore, literally speaking, is to pay our Part, Share or Proportion to the Integral Summ or Summ Total, and consequently Scot will be as various as are the Integral Summs themselves.

The Integral Summs which are for our Purpose are such as are assessable and leviable.

At Common Law, By Charters, or By Acts of Parliament.

At Common Law; such as the Rates for the Church, antiently and to this Day, assessable by the Church-Wardens and Parishioners of every Parish.

The small petty Rates and Sesses in Court-Leets.

Be they City Court-Leets,

In the City at large,

In the several Wards thereof, as Rates for Scavengers, Watch, for Lights, &c.

Be they Country Court-Leets.

As Rates for repairing Highways, Causways, or Bridges, &c.

But in Truth, these are not Rates or Sesses (properly speaking) but Com_mutations by general Consent for personal Services, or for what every Inhabi_tant is otherwise obliged to do and perform; as the Rate for the Watch is to hire Watchmen in the Room of our selves, the Rate for Lights, to hire Lamps instead of Lanthorns, which we are obliged to hang out, &c. and therefore to be ranked with Lots rather than Scots.

By Charters; such as were the Summs assessed and levied by a Corporation, under their Charter, upon every Member thereof, for the Support and Mainte_nance of the State and Dignity of the same Corporation, usually called Talla_ges in antient Charters.

Such Tallages antiently were frequent, and ran very high, higher by far than the Law at this Day will allow them, which has sunk them down to Quarteridges, necessary Fees to Officers, and small Mulcts for Transgressions; and they were sometimes leviable, as far as Charters could make them so, up_on Aliens and Denizens, as well as Members of the Corporation.

The first Charter of Edward IV. grants to this City, "That from thence_forth all and singular Merchants, as well Denizens as Aliens, abiding with_in the City, and the Liberties and Suburbs of the same, and exercising Mer_chandizing or Occupations there, by any Means, by themselves or others, tho' they be not of the Liberty of the City, shall be Partakers, shall be taxed and contribute, according to their Faculties, in Subsidies, Tallages, Grants, and other Contributions whatsoever, by any Means to be assessed for the Need of us or our Heirs, or of the City, for the Maintenance of the State and Profit of the same, with the Citizens of the same City, with a Salvo to the Liberties of the Merchants of Almain.

The 21 Hen. VIII. c. 16. �. 15. directs, "That all Strangers, Artificers, and Denizens, dwelling in any City or Town within this Realm, shall bear, pay and sustain Scot, Taxes, Tallages, Subsidies, Prests, and all other reason_able Exactions from time to time, as the Masters, Wardens, and Compa_nies of their respective Crafts for the time being, shall be bound to pay, bear and sustain, when any Subsidy, Tax, Tallage or Prest, or other reason_able Charges, shall by the Mayor and Aldermen of our City of London, and the Mayors and Aldermen of our said other Cities and Towns, or by the Common-Council of the said City, Cities, and Towns, of and for any Charges of Payments of Money, to be paid by the Companies of the said Crafts, Citizens of any City, for any Payment to be made to the King's Highness or his Heirs, or else to be paid for any Cause concerning the Com_mon-wealth of any of our said Cities or Towns, or Common-wealth of the said Artificers, and said Strangers shall pay all the same that they shall be as_sess'd or taxed to pay as Contributories with the said Companies, being our Subjects, as our said Subjects shall be assessed and taxed to pay: And if any of them shall deny or refuse the same, or any Part thereof, then he or they denying or refusing so to do, shall not only lose the Benefit of the Decree in that Act mentioned, but shall not any longer occupy any Handicraft, &c. or to that Effect.

But these Tallages or Taxes are now curtail'd, as I said before; nor in Truth, is there any such Need of them as formerly there was, since most Corporati_ons have at last gained good Estates to support themselves withal, either by Purchases or Gifts.

The last of these Tallages that I find assessed in this City, was in the Year, 1681, in the Mayoralty of Sir William Pritchard, and consisted of four Fif_teenth, at 500l. each, for Repairs of the Conduits, publick Stairs or land_ing Places, and other publick Works of the City; but by that Time of Day the Reputation of Corporation Power for such Purposes was very much de_clined, and the City becoming more and more obnoxious about that Time, not much of it, I believe, was ever collected, and none hath been assessed ever since, that I hear of; and to speak freely, I doubt it would be too Par_liament-like for us to attempt to make Assessments of this Kind.

This Tax, I must own, was assessed upon the Inhabitants promiscuously, free and unfree; and I believe, the former Taxes of the like Kind may be found to have been so assessed too: But this must have been done, as I con_ceive, under Pretence of the Jurisdiction of the Court-Leet, or other Powers claimed by the City from antient Grants, Usage or Custom; for I cannot comprehend how a Corporation, as such, can bind or oblige any but their own Members, except in small-minute Instances, nothing comparable to the Instance before us; as to cause all Strangers to bring their Cloth to Blackwell Hall, as to a publick Mart, to be sold under a small Penalty, &c. And I do not know, but this might be one Reason why in these latter Times the Cor_porations or Companies chuse to surcease such Assessments, and to confine themselves wholly to small Quarteridges or Fees, &c. which, you know, con_fessedly fall upon Members and none else, except some small Pains in certain By-Laws, in certain Cases, as hath been said before.

By Statutes,

For Publick Service,

Land Tax, Window Tax, and Tax for Trophy Money, &c. for the other Part thereof which concerns fitting out of Soldiers must be ranked amongst the Lots, for the Reasons I just now mentioned, and not amongst Taxes or Scots strictly so called.

For more private Use.

In this City especially, the Orphans Tax, Rates for Scavengers, Repairs of Sewers, &c. For these are now with us become Parliamentary.

In every Parish, Rates for the Poor, 43. Eliz. c. 2.

And of these Taxes, Tallages, or Rates you observe,

Some are assessed amongst the Persons themselves, from whom they are to be collected, as Rates for the Church and Poor, Sesses in Court-Leets, &c.

Others again by special Commissioners, under divers Acts of Parliament, with or without the Help of other Assessors.

With Assessors, Inhabitants of the Place where they are to be collected, as the Land-Tax throughout the Kingdom, by the Inhabitants of the Town or Parish whence it is collected. Orphans Tax, and Rates for Scaven_gers and Sewers, with us, with the Help of the Deputy and Common_Council Men.

Without other Assessors, as the Trophy Money, by Lieutenants or De_puty Lieutenants, without more; Corporation Tallages, by such as they do empower for that Purpose.

Again, these Taxes, Rates or Sesses,

Some of them are originally assessed upon Countries or Cities respectively, and thence subdivided and charged upon lesser Districts.

In Countries, they are subassessed upon Townships, Parishes or Hamlets.

In Cities, upon Wards and Precincts, as with us.

Some, by way of Companies or Fraternities, and not by way of District, as hath been the way with us, sometimes in certain Cases.

Some are originally charged upon Wards, and thence upon the several In_habitants.

Some are originally Parochial, as Sesses for the Church or Poor, and

Some are transitory, as I may call them, as Corporation Tallages, which follow Freemen only.

Some of them belong to the Tenants or Occupiers, as Rates to Church or Poor, &c.

And others to the Landlords only, though paid by the Tenant, as the Land-Tax, and Tax for the Militia, &c. at least some Part thereof respectively.

The Use of all this you will see immediately; at present I shall only add, that such as are the various Taxes, Tallages, Rates and Sesses, such are the va_rious Scots, for all Taxes are made up by several Scots or Proportions thereof, paid by such as are scotable thereto.

I come to the other two Questions, which I shall consider together; for, as to me they seem, they are one and the same, the latter being only an Ex_planation, or an Exemplification of the former, viz.

Whether paying of Scot is a general Contribution to all publick Taxes and other Charges in and upon the City of London, and the Inhabitants there_of; as for Instance, (for so I crave Leave to join the Questions) whether paying to the Poor's Rate, or any one or two of such Publick Taxes and Charges, and not to all, shall be deemed and adjudged paying Scot, (and I crave Leave to add farther) so as to entitle the Person so paying to a Vote in the Election of an Alderman, &c. in this City, where the Charter is supposed to appoint, that every Voter in such Case must be a Housholder, paying Scot, &c. for that is the sole Drift of the Question.

In these Questions it is presumed and taken for granted, that the Act of Common-Council has justly declared, "That it is the Right of the Freemen of the City only, being Housholders, paying Scot and bearing Lot, and of no other whatsoever, in their several Wards, to nominate and elect their Al_dermen and Common-Council Men". And I find that by the general O_pinion Scot and Lot is applied to Scot and Lot within the City generally, and not confined to Scot and Lot, (videlicet) the Tallages or Offices of or in the City or Corporation, strictly speaking, as some Authorities seem to coun_tenance, and perhaps not without some Shew of Reason; for who would sus_pect that paying Scot and bearing Lot in a Parish or Court-Leet, within a City or Corporation, should be required to qualify a Freeman of a Corpora_tion to vote in the Elections of Corporation Officers, any more than the pay_ing Scot and bearing Lot in the Mercers Company (that is, paying to the Tallages, and bearing the Offices of that Corporation) should be required to qualify a Member of the Skinners Company to vote in the Election of Officers in that Company, (there being as great Difference betwixt Parishes and Court_Leets and Corporations, as betwixt Company and Company?) But I can easily conceive why paying Scot and bearing Lot in a Corporation or Com_pany should be required to qualify a Member of that Corporation or Com_pany to vote in the Elections of that Company or Corporation; but this by-the-bye. I shall go on with the general Opinion, as being the best and safest Way.

This said, I hold that paying to any one of these Publick Taxes or Sesses, especially such an one as is assessed by the Inhabitants on their Neighbours, (be it a publick Tax, or Royal Aid Ward-Tax, or Parish-Tax) does qua_lify a Freeman to vote so far as that Article requires; but we must remem_ber that a complete Voter must also be bearing Lot as well as paying Scot; and then we have the Question entire before us.

You observe that the Act says, paying Scot, not Scots; bearing Lot, not bearing Lots, in the Plural Number.

To bear Lot, is by all understood without Controversy to signify, to bear the Offices of the Place, as they shall fall to one's Lot or Turn; and yet no-body, that I hear of, contends that before a Freeman shall be capable to vote, he must have born all the Offices of the Parish, Ward, and City: And if so, why should you require him to pay all Scots, any more than to bear all Lots, before you will deem him capable to vote; since both Qua_lifications are equally required, and by one and the same Phrase, or Manner of Expression, (videlicet) That he shall be a Housholder paying Scot and bearing Lot, not one who hath paid all or every Scot, or born all or every Lot?

In short, whatever Housholder has been scotted, and hath paid his Scot, or hath been called to his Lot, and hath born it or is bearing of it, he is, ipso facto, entered or enlisted amongst the able and sufficient Housekeepers, and that by their own free Judgment or Choice; his is by them pronoun_ced to be Homo idoneus, probus, & legalis Homo, i.e. A fit and able Person; and thenceforward he may properly be called a Contributor, or an Auxiliar to the State of the City; he has entered upon Duty or Service, and is pay_ing his Scot and bearing Lot; he is in Scotto & Lotto (as the old Books de_scribe him) and therefore shall be entituled to the Privilege consequent thereupon; for why shall it not thenceforth be supposed, that he shall be scotted to and pay one Scot as well as another, and bear one Office as well as another? But if when he is scotted or called to his Lot, he excu_ses himself therefrom, or if after he hath been scotted to one Scot, or born one Lot, he is excused from Inability from any other Scot or Lot, then he can no longer be said to pay his Scot and bear his Lot, and consequently must not expect to enjoy his Privilege any longer; but in the mean time, and 'till this appears, surely I should think he ought not to be debarr'd therefrom: Farther also, if he be scotted to one Scot, and pays that, but happens afterwards not to be scotted to another, but without any Imputa_tion of Inability, but through Neglect, Inadvertency, or Design of others, I think in that Case he ought not therefore to be excluded from his Pri_vilege.

If you say that it will be difficult to discern, when he is omitted to be scotted from Inability, when by Neglect, &c. I know no better Rule to judge by in this Case, than in Thousands of Cases of the like Nature, (videlicet) by the Circumstances thereof; if the Person be of visible Ability, has made no Application either by himself or Friends to be excused, I think the O_mission ought to be judged a Neglect, &c. So, on the other side, if he has made Application by himself or Friends to be excused, and is not of visible Ability, the Omission may be fairly construed to proceed from Inability: But if you will still go on to put more Objections with less distinguishable Circumstances, I answer them all at once, we must judge as well as we can upon the Circumstances of the Case.

What I have here laid down is, as I apprehend, well warranted by the Reasonings and Practice of those on the other Side of the Question.

If a Freeman has paid all Scots they admit him to vote, as I am inform'd, though he has born no Lot at-all; I presume for the Reasons just now men_tioned, (viz.) If he has paid Scot, why should he not be supposed to be able to bear Lot when it comes to his Turn? and that's enough. And so say I, if he has born Lot, why shall he not be presumed to be able to pay Scot when he shall be scotted thereto? And if he has paid one Scot, why shall he not pay another? It must be confess'd, both of us have baulked the Words of the Text, which is paying Scot, and bearing Lot, uno statu; but if Construction helps in one Case, why not in the other, and the rather in our Case than in theirs; for that we incline to assist the Freemen in the Use of their Privileges, they endeavour to cramp them in the Exercise thereof; we are in favour of common Right, they against it.

I know a great many curious Questions may be put under this Head, and perhaps with Difficulty enough; but the like and greater may be put upon their Hypothesis, and we hope our Hypothesis will appear as reasonable as theirs, and will be attended with fewer Difficulties than theirs, as will be seen hereafter.

What we have laid down is conformable also, as I apprehend, to the Sense of diverse Acts of Parliament.

First, The 21 H. 8. c. 16. �. 15. before cited, which puts Strangers or Denizens, Artificers, upon the Level with Natives, in point of Charge or Scots, says, That the said Strangers shall pay all the same (scilicet, Scots, Taxes, Tallages, &c. there spoke of before) that they shall be assessed or tax_ed to pay; but surely they shall not lose the Benefit of that Act for not paying what they were not assessed or taxed to pay, without any Defect or Default in them.

By H. Pl. Cr. p. 97. it is directed, that in Case of Felony there shall be Bail given, two at least, in Respect of their Number, and in Respect of their Ability, two Subsidy-Men, scilicet, such as paid to the last Subsidy (which was a royal Aid granted to the Crown by that Name, upon the per_sonal Estate of the Subject) without further Payments.

By the 3 and 4, W. and M. c. 11. touching the Laws of Settlements, it is enacted, That if any Person shall come to inhabit in any Parish, and shall there execute any publick, annual Office, or shall be charged with, and pay his Share towards the publick Taxes or Levies of such Parish, he shall there_by without more be adjudged to have a legal Settlement: if he executes any one single annual Office, or pays his Scot to any one of the publick Taxes, tho' to no more; and tho' the Words in the Statute are, shall pay his Share to the publick Taxes or Levies, which is stronger by far than our Case, yet shall he be irretrievably settled in that Parish, a fortiori, shall an Inhabitant in the like Case be entituled to the Benefit of the Privilege we are speaking of, by bearing a single Lot, or paying a single Scot?

By 7 W. 3 c. 18. for laying Duties upon Houses, �. 29. it is directed, That such Houses, where the Occupiers, by reasons of Poverty, are exempt_ed from the Taxes to Church and Poor, shall be excepted out of that Act, thereby making the Payment or Non-Payment to those two Taxes a suffici_ent Test of the Ability or Non-Ability of the Inhabitants without more.

What I would infer from all this, is, that the Law stating the Sufficiency, Ability or Qualification of the Subject, for certain Purposes in certain Cases, states it from the Payment of one single Scot, or the bearing of one single Lot, as I have before laid down in the Case before us.

Hereto I might add, that it has been the constant Usage of the City, for above these hundred Years, as I am informed, to admit all Freemen to vote in the Elections here before us, who had paid to the Church and Poor (which in Fact are but one and the same Scot in the City, and are assessed together) without more till very lately.

I must confess, that I do not find, that the City ever allowed a Freeman to vote upon bearing Lot only, without paying to the Church and Poor: But I believe that that Case seldom or never happened; neither is it likely to happen, because the Inhabitants in common Practice never bring a Stranger into Offices till he has lived some time amongst them, by which time they have determined of his Sufficiency or Insufficiency in their Taxes or Sesses: However you observe what the Act of Common Council declares, and what Construction I have endeavoured to put thereupon, which I submit to you; and I was willing to draw this Case forth into Light, least it might be kept locked as a Fountain of fresh Difficulties and Questions, to be hereafter un_locked, as Occasion may require.

Having now done with my own Hypothesis, I proceed to examine theirs on the other side.

They maintain, that paying Scot is a general Contribution to all publick Taxes, and other Charges in and upon the City, and the Inhabitants thereof; and consequently, no Freeman can be admitted to vote within this Article or particular Qualification before he has paid his Scot or Contribution to all the public Taxes and Charges, &c.

From what Authorities they maintain this, I know not; not ex vi vocis, or from the Words of the Text, for that is paying Scot only.

I am as much at a Loss to know how they reconcile this Tenet of theirs under this Article, to their Practice, under the other Article or Qualifica_tion, that of bearing Lot; when, as hath been said before, they admit a Free_man to vote before he has born any Lot at all; however, long before he has born all Lots.

I know it may be said, that all Freemen cannot bear all Lots, there will not be room for them; neither say I, can Freemen reasonably pay Scots they are not scotted to, and therefore they cannot escape this way.

I will produce all the Authorities which make for them that I can find, for I am endeavouring, as much as in me lies, to satisfie the Questions, not to confound or perplex them.

The antient Form of the Oath which a Freeman takes at his Admission, runs, "That you shall be contributary to all manner of Charges within this City, as Summonses, Watches, Contributions, Taxes, Tallages, Lot, Scot, and all other Charges, bearing your Part as a Freeman ought to do.

Per 7. Chr. H. 1. Tested 8 July, Anno Reg. 12. It is (amongst other Things) directed, Quod omnes & singuli in libertate Civitatis pr�dict. existen_tes, & libertatibus & liberis Consuetudinibus ejusdem Civitatis gaudere volentes, sint in Lotto & Scotto, & participes omnium Onerum pro statu Civitatis ejusdem & pro libertate ejusdem manutenend. juxta Sacramentum quod fecerunt quando ad libertatem illam admissi fuerunt; & qui hoc noluerit, libertatem ejusdem Civita_tis amittat; & quod omnes & singuli de libertate Civitatis illius existentes, & extra eandem Civitat. manentes, ac per se vel suos Merchandizas suas infra dictam Civitatem exercentes, sint in Lotto & Scotto cum Communiariis ejusdem Civita_tis pro Merchandizis suis pr�dictis, vel aliter � libertate sua amoveantur. "That all and every Person or Persons who are free of the said City, and who are minded to enjoy the Privileges and free Customs of the same Ci_ty, shall be in Scot and Lot, and be Partakers of all Burthens for the Maintenance of the State of the same City and the Liberty of the same, according to the Oath which they gave when they were admitted into their Freedom; and those who shall refuse so to do, shall lose the Free_dom of the City; and that all and every Person or Persons who are free of the City, and abide without the City, and by themselves or Servants exercise Merchandize within the City, shall be in Lot and Scot with the Commoners of the same City, for their Merchandize aforesaid, or otherwise they shall lose their Freedom.

In Lib. Alb. Papyr. (in the Chamberlain's Office) Anno Regni Edw. filii Edw. 15 it is entered, that one Nich. le Vieille Mercator de Amydas, was admitted and sworn Freeman of the City in the Hustings of Pleas of Land, die Lun� prox. post Fest. Sancti Gregorii Pap�, before the Mayor, Aldermen, & Communitate there; and the Entry in the Close thereof says, Et h�c Li_bertas ei valeat dum infra Libertatem morari vult & ad Scottum & Lottum in_ter aliaos Con-Cives, aliter pro Extraneo reputetur & habeatur. Let his Free_dom avail him so long as he abides within the Liberty of the City, and is in Scot and Lot with the rest of his Fellow-Citizens (for such must be the Sense, tho' the Words are only to be conjectured at in this Place) otherwise let him be deemed and held for a Foreigner.

In the same Book there is another Entry, setting forth, that in the Court of Hustings of Pleas of Land, held die Lun� prox. post Sancti Johannis ante Portam Latinam, Anno Regni Regis Edw. filii Edw. 16. a Letter was read from his Majesty under the Privy Seal, directed to the Mayor and Aldermen, re_quiring them to admit one Anthony Citron, Merchant, into the Freedom of the City, and to excuse him from Tallages and Contributions for two Years to come; to which Letter, says the Entry, no Answer was returned. Some Time after, in the same Hustings, scilicet die Lun� prox. post Festum Sancti Augustini Anno pr�dicto, comes the same Anthony, (says the Entry) and brought another Letter from his Majesty under the Privy Seal again, requi_ring them to admit the same Anthony into the Liberty of the City, accord_ing to the Tenor of his former Letter; whereupon Anthony Citron was ad_mitted and sworn; and the Entry goes on and says, that the said Anthony re_nounced the Benefit of Part of his Majesty's Request, and agreed thencefor_ward to become contributary ad omnia Onera Civitat. tangent. to all Burthens touching the City.

I need not give a particular Answer to every one of these Authorities; they all tend to prove that the Freemen shall be in Scot and Lot, and be contributary to the Maintenance of the State of the City, upon Pain of ha_ving their Freedom taken from them. And very likely there may be found in the Outer Court Informations of Disfranchisements of Freemen for refusing to pay their Scot and bear their Lot, if it was well searched. But it can by no Means, as I humbly conceive, be concluded from these Authorities, (and I neither have, nor hear of any better) that a Freeman before he votes, must pay all Scots, any more than he must bear all Lots: The utmost that these Authorities require (how far soever extended) is that a Freeman ought to pay the Scots which he shall from Time to Time be scotted to, and bear his Lots as they shall come to his Turn, for fear of Loss of his Freedom, or what is worse; within the Meaning of these Authorities, it is enough for him to do his Duty of all Kinds when it comes home to him; he is not re_quired to go out to meet it, or to anticipate it before his Time; and in truth, these Authorities do rather clear and enforce what I have advanced, than contradict or weaken it.

But let us consider the Consequences of this new Doctrine of theirs.

Suppose then that a Freeman has paid all Taxes and Charges of the City, and continues of the same Ability as before, for any thing that appears to the contrary, but hath not paid to the Orphans Tax, because he was not assessed thereto, nor was the same demanded of him; shall he therefore not be ad_mitted to vote? No, he shall not, for paying of Scot is a general Contributi_on to all Taxes and Charges, &c. without Exception. What, when he was not assessed or scotted thereto? No matter for that, he must bring himself within the Qualification at his Peril, and that you know is to contribute to all Taxes and Charges, &c. But there are many Taxes and Charges mentio_ned before, as Sesses for Church and Poor, the Subsidy Part of the Land Tax, Window Tax, Trophy Tax, Tax for repair of Sewers; and the Number is still increased by those who call the Commutations for Watching, and the Duty of Scavengers, Taxes; and so may they call the Payment to Lamps by the same reason; must every Freeman contribute to every one of these Taxes or Sesses before he shall be admitted to vote, whether he be called upon for them or no? Yes, this is his Qualification, and he must make it good before he can vote. Suppose the Sess be too small reasonably to admit of so many Divisions as there are Freemen, Housekeepers; or suppose the Assessors, through Kindness neglect, or for a worse Reason (be they the Deputy and Common-Council Men, or other Assessors, or the Lieutenancy themselves) should omit to assess a Freeman Housekeeper to any of their Assessments or Taxes, without any Application from him, or without his Privity; or sup_pose the Collectors should omit or defer to make a Demand for any of these Taxes; must the Freeman lose his Right to vote for that reason, though he was ready to have paid this as well as all the rest, if it had been demanded? If they will be true to their own Principles, he must lose his Vote and cannot be admitted, for he must make out his own Qualification at his Peril. At this rate the Freeman's Right of voting is most precarious, it lies purely at the Good-will and Pleasure of the Commissioners, Assessors and Collectors se_verally, and they may debar him of it whenever they or any of them pleases; and that will be as often as he shall be presumed to be resolved to vote against them: Surely this Doctrine is as strange as it is new.

For an Answer to these Questions, I have heard, that it has been said, that a Freeman to preserve his Vote, must go to the Commissioners and Assessors and demand to be scotted, and such Demand will avail him as much as if he had been scotted: But must not he also go to the Assessors and make tender of a competent Scot, before he has sufficiently secured his Vote? I presume he must; for he must not only be scotted to, but must pay all Scots, for to pay all Scots without being scotted to them, or to be scotted to them and not to pay them all, is equally deficient.

This is an Errand the Citizens, I dare say, were never sent on before: If this Doctrine did but once sufficiently prevail, it would save a great deal of Labour and Pains both to the Assessors and Collectors; for twice every Year at least, when the Assessments are settled and to be collected, we should have all the City in an Uproar, especially upon the Prospect of an Election, running to and fro as in the late Swearing time, to be satisfied whether or no, they they were assessed or no, and to tender their Assessments; a very notable Hint indeed how to get in the Sesses, which may be improved upon hereafter to great Advantage. But to go on:

1. This voluntary Demand and Offer will do the Freemen no Service at all in this Case, as I apprehend; for, it is the Judgment the Neighbour_hood passes upon his Sufficiency by scotting and lotting him, and his Acqui_escence under that Judgment without farther Appeal, that must avail him in this Case, and not his voluntary Demand or Offer: So it is in the Case of a Settlement; it is his being scotted or lotted in a Parish, and his paying that Scot and bearing that Lot, that creates an Inhabitant a Settlement, which is not be gained by a voluntary Demand or Offer on his Part.

2. How shall the Freeman know who are the Assessors or Collectors, or when they will set about to assess or collect? For since it so much concerns him to watch them, and there are so many of them, and they all act separately, he had need have ready Means to come at the Knowledge of these Particulars. I know that a Freeman, who is or ought to be present at a Corporate Assem_bly by himself or his Representatives, is obliged to take notice at his Peril of what concerns him in that Assembly, and so perhaps is a Parishioner obliged to take Notice of Assessments to the Church made at a regular Vestry, whereat he is or ought to be present; but here he has no Share any way in appointing Assessors or Collectors, or in fixing or settling their several Times or Seasons of acting, except in the Assessments last mentioned, and consequently cannot be obliged to take Notice of them or their Proceedings before they come home to him; and to build a Freeman's Right of Voting upon such a Foundation, is to build it upon a very sandy one.

I will therefore conclude, that to pay to any one of these publick Taxes or Sesses, and not to more, under the Limitations I before laid down, does sufficiently entitle a Freeman to vote in these Elections; and for that Con_clusion, I think I have, in all candid Construction, the Practice of the Pre_sidents themselves of these Elections on my side, who, as I am informed, ge_nerally if not always, 'till lately, admitted a Freeman to vote who had paid to the Church and Poor, without more; and that you know, as I said before, is in Fact, and as it is generally levied within the City, but one and the same; but it is assessed by the Generality of the Inhabitants, and not by a few Assessors, as the other Payments usually are; and in that Respect is justly preferred for a Rule above others: And indeed I cannot but wonder how this so reasonable and current a Practice and Usage came to be so easily over-turned, without any Resolution or Authority at Law whatsoever.

But you may justly observe (and I doubt not but you have done so of_ten by this time) what avail my Sentiments in these Questions? Do I ex_pect that the City will be governed by them? Far be it from me to con_ceit any such thing; if either of you two Ingenious Gentlemen would open_ly declare your Opinion in these Questions, no less than what is suggested might reasonably be expected to ensue thereupon, but not upon the Opinion of a private Person. However, I have stated these Questions candidly and fairly to the best of my Apprehension, and have given you my best Rea_sonings thereupon, I hope without giving Offence to any one. Whoever conceives differently of them, let him say so with all my Heart, let him be with me or against me, I shall look upon him to co-operate with me to the same good End; by this means at least both Sides will see more clear_ly to provide against a fair Tryal at Law; which, in my Opinion, will more effectually settle these Questions than any other Method whatsoever; for, as the good and wise St. Germen says, B. 2. c. 38. fo. 138. Upon a Case alike complicated as this is, if any Statute was made therein, (says he) I think verily more Doubts and Questions would arise upon that Statute, than doth now when they be only argued and judged after the Common Law.

We come to the Election of Sheriffs.

This Election is made in a Common Hall every Midsummer-Day; the Common Hall is summoned by my Lord Mayor, but held and adjourned from time to time as there may be Occasion, by the Sheriffs 'till the Election is ended; the Election being ended (be it by View, Poll, or Scrutiny) the same is by the Sheriffs declared to the Common Hall, and thence by them re_ported to my Lord Mayor, who comes and repeats the Report to the Com_mon Hall, and then dissolves the Assembly.

The Persons elected are obliged under Pain and Peril that will ensue there_on, to enter into a Bond to appear on the Hustings, on the Eve of St. Mi_chael, and then and there to take upon them the Office of Sheriffs: To save their Bond they appear accordingly, and take their Oath of Office before my Lord Mayor, and so enter upon Duty.

Here I do not find any Dispute at present about the Qualifications of the Electors in this Election. It is by all agreed, that the Right of Electi_on rests with the good Men of the Livery of the several Companies of this City: The only Complaint is, and that a very just one, That some wicked People personate the Livery-Men, and Poll for the Absent, the Dead, or for such as do not Poll at-all; and Poll for all these twice over or oftner, &c. and this cannot be denied: However, I am ready to acquit all the Citizens of any Rank or Condition (of what Denomination soever) from assisting in such Contrivances; who, I am confident, do all of them abominate them, and none of them more than the worthy Gentleman, in whose Favour it must be confess'd many of this Crew polled in a late contested Election amongst us, more than on the other side; and must lay it upon the lowest of the Peo_ple, who so long as they do but manifest their blind Zeal for the Candidate they affect, do not (as they ought to do) consider his Credit, for as for their own they certainly have none to risque.

But I have often heard it said, That all this may be prevented by an Act of Common-Council to poll the Livery-Men in such Elections by their several Companies, in the Presence of their Master, Wardens, Clerk and Beadle, some one or other of whom cannot but know all their own members, and distin_guish them from Strangers: And I believe such Act, made to regulate popu_lous Elections, to preserve Order, and to prevent Abuses, settled by proper Advice, may be good and binding. But of this, and the Partition of Power betwixt my Lord Mayor and Sheriffs in this Election, more hereafter, as there may be Occasion.

From the Qualifications of the Electors I should now go on to consider the Power of the several Officers who preside in these Elections; and,

First, Of the Use and Abuse of that Power; and under this Head I design_ed to have drawn a faithful Comparison betwixt the Behaviour of the late Sheriffs, so often spoken of, in the Election of their Successors, and the cur_rent Practice for some time settled and established in the Wardmotes, in the Elections there; and should have left it to you, to have judged whether this is not as bad as that, and was not in Truth the Precedent and Encouragement for it.

Secondly, The several Remedies to the Parties injured upon the Abuse of that Power, and of the Difficulties which clogg or incumber those Remedies.

In the Third Place, I should have bestowed some Thoughts how we might for the future prevent the Inconveniencies and Mischiefs observable in our E_lections; with a Corollary or Conclusion from the whole, shewing who ought reasonably to be esteemed the Patrons of the City, and of the Liberties and Privileges thereof, and who not; but to do all this would extend my Letter beyond all Measure, and would quite tire out your Patience; of these several particulars therefore the next Opportunity, if some Gentleman does not in the mean time relieve me, as I have done Londinensis: So here at present concludes the Essay of, GENTLEMEN, Your Humble Servant, John Trueman.

Kingstreet, Octo_ber 20th, 1724.

The Chapter of LIB. ALB.Of the Manner of holding the Wardmote, herein before referred to.

THE Wardmote is the Assembly of all the People of the Ward, duly summoned and met together in the Presence of the Alderman or his Deputy, as their Head, to reform what is amiss, to remove Nusances, and to promote the Good of the Ward: What we now call a Wardmote, the Romans antiently called Plebiscitum, and the Saxons Folkmote. The Alder_men used once in a Year at least, twice or ofner, to hold their Wardmotes by Virtue of Warrants from the Mayor for the Time being to them directed; In which [Wardmotes] Enquiry used to be had of the State and Condition of the Peace of the Ward, and Reformation made by the Aldermen of what was found amiss, as hereafter shall be shewn. The Manner of holding a Ward_mote in London useth to be this. "The Alderman, after the Receipt of his Warrant, makes out his Precept to the Beadle, requiring him to summon all the Housekeepers and hired Servants (Servientes mercenar') of the Ward to ap_pear before him at a certain Day and Hour (suppose the next Day after the Summons) in a Place certain within the Ward, to hold their Wardmote; after the Beadle hath summoned them, he writes their Names in a Roll, viz. The Names of the Freemen of the City, Resients within the Ward by them_selves, and of the hired Servants (Famulorum mercenar') which are not free by themselves, and when they are met together at the time appointed, be_fore the Alderman, sitting with the chief of the Ward in their several Places about him: The Alderman's Clerk, in the Name of the Alderman, commands the Beadle to cry Silence; which done, the same Clerk reads openly the said Warrant, and then dictates the several Names set down in the Roll to the Bea_dle, who calls aloud the same Names in their Order, to the End that he that does not there answer to his Name, may be marked and amercied Four-pence at the least; next, the Beadle presents to the Alderman a Pannel of the Good Men of the Ward, returned by the Constable of the Ward to be of the Jury, which Pannel the Alderman may amend or alter as He sees Occasion, otherwise the same shall stand; after this, all the Articles of the Wardmote set down in the 30th Fol. of the second Part of the Third Book of this Volume, are repeated to the Jury; and thereupon Day is given by the Alderman to the Jury to bring in their Presentments, at which Day the Jury present to the Alderman their Ver_dict by Indenture; one Part whereof remains with the Alderman, and the other with the Ward: The Alderman takes and carries his Part before the Mayor at the next General Court, where after Examination had, and Extract made of what (if any) belongs therein to the Mayor and City to reform, the same In_denture is deliver'd back again to the Alderman, to be by him put in Executi_on in all the other Articles thereof. And at the Wardmote are chosen, by the Alderman, good Men of the Ward, and by the Jury, Constables, Scavengers, Aleconners, Beadle, and other Officers, who at the General Court aforesaid ought to take the Oaths proper for their several Places, set down in the 26th Fol. of the Second Part of the Third Book of this Volume. The Beadle ought to certify to the Alderman particularly the Names of Hostellers, Maltsters, Bakers, Cooks, Victuallers, and Alehouse-keepers, resient within the same Ward: The Bakers ought to bring thither their Marks, which the Alderman is to take off into his Paper for a Sample, for which every Baker pays him 4d. unless he has happened to pay the same Alderman in the same Ward before for taking off his Mark: The Aldermen used to seal all Weights and Measures within their Wards, and to condemn such as are not sealed, taking for their Seal what the Chamber now takes; for the Alderman's Brasen Measure, which is kept in eve_ry Ward, agrees with the Royal Standard of the City: And at the Wardmote, all those who are not free of the City, and who have not been sworn there, must be placed in one Frank-pledge or other, notwithstanding that they were received into Frank-pledge elsewhere in other Wards, and they shall take the Oath which is taken upon Admission into Frank-pledge, and is to be seen 26th Fol. of the Second Part of the Third Book of this Volume; and every one that is so received into Frank-pledge, shall pay a Penny to the Clerk for his Entrance; and if any such absent himself from the Wardmote, he shall pay 4d. to the Alderman, unless it be a Knight, Esquire, Woman, Apprentice of the Law, Clerk, or some other who hath no abiding City or Habitation here: And the Alderman himself ought to look to, and reform all Defects and Nu_sances by the Jury presented in the Wardmote, unless perchance some extraor_dinary ones do appear, which do belong to the Chamber; and those the Mayor and Chamberlain, taking to them the Sheriffs and other Officers, shall undertake to deal with; and if the Alderman shall find his Officers under him remiss or negligent, he shall admonish them to amend; and if they do not, then he shall either reasonably punish and chastise them himself, or refer them to the Mayor, who shall provide condign Punishment for them in that Case.

FINIS.

|CPO |Y1730 OBSERVATIONS ON THE Writings OF THE CRAFTSMAN. LONDON: Printed for J. Roberts in Warwick-Lane. 1730. OBSERVATIONS ON THE Writings OF THE CRAFTSMAN.

I Am not ignorant of the unequal Terms, upon which he enters the Lists in a Paper-War, who draws his Pen on the Defensive Side; those, who engage the Malice of Man_kind to their Party, will generally, I fear, lead more numerous Troops, and find much better Encouragement than those, who sollicit their good Nature, or appeal to their Justice.

For, as most Men have Passions, whilst few are blessed with Understan_dings; and that there are many more, who are ready to sneer, than are ca_pable to judge, or willing to acquit; so the Glare of a declamatory Invec_tive, tho' never so ill founded, will dazzle much greater Numbers, than the clearest Reasoning, and most con_clusive Arguments will ever enlighten.

But notwithstanding the Disadvan_tages, which from the Imperfection of human Kind, they sometimes labour under, who undertake the juster Cause; as I flatter my self, that on some Oc_casions, the Honesty of our Minds may recoil against this Propensity to Satyr, and that what is too general, is not universal; since I imagine there are Cases, where People may be more shock'd at the Morals of a Satyrist, than pleased with his Wit, and will not suffer the Depravity of their Na_tures to be flattered at the Expence of their Principles; I shall not be deter'd, by the Discouragements I have enu_merated, nor the Fear of incurring that Ridicule, which often attends being serious, from entring into a short Ex_amination of the original Design, Pro_gress, and Effects, of the Writings of the Craftsman, who seems of late, un_der the Shelter of the Law, and an Affectation of telling bold Truths, to have usurped a Right of circulating guarded Treasons, and weekly Fal_shoods, throughout the whole King_dom.

He has, by a Sort of Papal Autho_rity, taken upon him to cite, expound and comment upon our English Histo_ry, as dogmatically, as unfairly, and often as ignorantly, as his Holiness himself ever did on the Scriptures; he perverts Characters and Meanings, as the other does Texts and Doctrines, and like him, when he does not find the Originals apposite to his Purpose, his Invention supplies his Learning, and he makes them so.

But unless he could contrive, that the Reading of our Historians should be prohibited to his Followers, as that of the Gospel is to the Pope's, his Frauds may chance to be detected, the Sect of Jansenists to his Doctrine en_crease, and Mr. Danvers's Bulls not received with that implicit Faith, and blind Submission, which is paid to those of Rome.

To point out the Rancour, the A_crimony, and Virulence with which all his Productions are fraught, would be an unnecessary, and tedious Task; it would be tedious, as every Paper, and almost every Paragraph, he has writ_ten, might be quoted as so many accu_mulated Proofs; and it would be un_necessary, because such Proofs, tho' they would cast a Reflection upon him, would not wipe off those he has en_deavoured to cast upon others.

For as the Brutality of an Execu_tioner does not prove the Innocence of him who suffers; so it is possible for a Criminal to deserve his Punishment, tho' one abhors the Hand that seems to take a Pleasure in inflicting it.

My Design therefore is, to shew the Falshood of these Authors Indictments, and the Unfairness of their Prosecu_tions; to consider the Allegations, without entering into the Characters of those who advance them, and with_out expatiating on the trite Topicks of the Despair, and Profligacy of some of the Fraternity; the Envy, Ambiti_on, and Disappointment of others; and the want of Temper, Candour and Judgment in all; I shall cursorily run through the Steps of their Perfor_mances, and as Circumstances occur, occasionally in some few Instances ob_serve, how far their Assertions tally with Truth, their Quotations with History, their Conduct with their Pro_fessions, and even their Writings with Themselves.

When first this meritorious and lau_dable Work was undertaken, many pompous Professions were made to the World, and many specious Pleas were brought for setting it on Foot; pri_vate Views wore the Mask of publick Good; Ambition cloathed itself in Po_pularity; the Spirit of Resentment took the Title of the Spirit of Li_berty; and the Welfare of the Nation, and Loyalty to the King, were made the plausible Pretences for throwing amongst his People the Seeds of Cla_mour against his Ministers, and his Measures; for preaching Sedition, and endeavouring to infuse Discontent into the Hearts of all his Subjects.

For a little while indeed all the Arrows in the Craftsman's Quiver, seemed directed solely at one Mark; they were levell'd at a Minister, whom one of this Club (one whose Prudence was never reckon'd by his best Friends his principal Virtue) was so unguarded, in his Enmity to declare, he would per_sue to his Destruction; he publickly swore his Ruin; but tho' he bound himself under this Curse, Providence has so ordain'd, that had he not eat nor drank till he had compleated it and slain Paul, he must long ago have been starved.

However the whole Stream of their Malice, for some Time, flowed only in this Channel, to vilify this Minister's Name, to arraign his Con_duct, depreciate his Services, blacken his Character, and weaken his Credit, both with his Prince and his Fellow_Subjects; all Hands were imployed, and all Engines set at Work; Manu_scripts were circulated, the Press loaded, Coffee-House Talkers, Table_Wits, and Bottle-Companions had their Instructions given them; and the grossest Falshoods were inculcated in the grossest Terms; the sacred Cor_respondences in former Friendships were perverted, the Secrets disclosed, and all the Laws of Nature, Custom, Principle, Morality and Society tram_pled on, and broken.

When the Sources of their Inven_tion grew dry, Libraries were ran_sack'd, the Annals of all Ages were turned over, and Extracts made, out of the worst Characters, that the His_torians, or Calebs, of other Times ever transmitted to Posterity, to be applied to these.

The Sejanus's and Wolsey's of for_mer Ages, the Menzikof's and Coscia's of later Dates, were described in their blackest Colours; and Parallels were drawn between Persons and Characters, where no Similitude or Affinity could ever have been found, if the Records of other Ages had not been copied by the Slander of this.

When they found the Words of the Authors they referr'd to not strong enough, the Weight of their own was added, and convey'd in bor_rowed Names: Italicks pointing out the favourite Passages, and the Coinage of Moderns comma'd on the Side, was often inserted, like Quotations from the Ancients, for whole Paragraphs together.

But the Man, whom the Madness of their Inveteracy in so indecent a Manner, continued to pelt with this Series of Ribaldry, being as much Su_perior to his Antagonists in Temper, as in Judgment, cooly stood the suc_cessive Shocks of their wasted Fire; equally invulnerable in his Quiet, and in his Character.

He contemned Accusations, which his own Conscience did not second; nor took the Voice of his Enemies for the Voice of the People; He con_sidered all their Clamour, as the natural Effects of Competition, and Disap_pointment; and look'd upon this Tryal of his Patience, as the Tax every Minister must pay for Royal Favours; since Envy will always paint those most black, whom Princes most dis_tinguish, as surely as the Shadows of those will always seem deepest, on whom the Sun shines the brightest.

But when this Scent became so cold, that political Sportsmen grew weary of following a Pack of Animals, who were always barking at a Prey they could not Wound, and following what they could not overtake; and that these Writers had rung the Changes on the Words, Corruption, Bribery, Male-Administration, Oppression and Injustice, till People were so habituated to the Vox et pr�terea nihil, that the Peal laid those to sleep, whom the Ringers proposed it should alarm; they began to find that other Forces must be drawn out, new Batteries form'd, and new Places attack'd.

However I must observe here, that during their Chace after this Minister, they had from Time to Time made great Professions to the Prince he serv'd, of their Loyalty to his Government, and Affection to his Person; tho' they were at the same Moment exclaiming against every Step of his Measures, and every Action of his Reign.

How they proposed His Majesty should reconcile these general Profes_sions, with such particular Reflexions, I know not; but I should think the Al_ternative, they gave him, of being un_just enough to abett the flagrant Iniquities they complain'd of, or blind e_nough not to perceive them, was one, which neither he, nor any one who has the Honour to know him, would look upon, as any very great Compliment, either to his Head, or his Heart.

And if there were any lengths of Absurdity, to which the Vanity of hu_man Nature could not carry some of those, in whose Composition it presides the strongest, one would wonder, how a Set of Writers could hope to have Art enough to succeed in flattering a Prince, whose Understandings had already mis_carried in the low Endeavours of cajo_ling a Mob.

But as the Idle, the Profligate, and the Desperate have Time enough to spare, no Characters to lose, and no worse Situation to fear; so these Gentlemen knew, whatever Project they engaged in, provided they escaped Hanging, (and even that Danger some of them per_haps may possibly be inured to) they could be no great Sufferers by the Miscarriage; and should remain, but where they were.

Pursuant therefore to the Scheme of trying what could be done by Flat_tery, they were perpetually declaring themselves not Jacobites, but Patriots; they gave up Fog for such; but at the same Time, that they were treading in his Steps, talking in his Style, and fight_ing under his Banner, they professed an Abhorrence to his Cause: As if the whole World must not perceive, that their only Option was owning them_selves Knaves enough to be Confede_rates in it, or weak enough to be the Tools of it.

However they abjured Fog's Ap_pellation, and stuck to their own; so that this Sect of Patriots was to Jaco_bites, what Socinians were to Arians, and Pironists to Scepticks; they preach'd the same Doctrine, and held the same Tenets, but took a different Name, and endeavoured, by the subtle Sophistry of Words, logically to prove a Distinc_tion, where there was essentially no Difference.

Under this affected Title, and with such shallow Artifices, they labour'd to convince the King of the Attachment they had to his Person, whilst they were railing at his Government; and of the Zeal they had for Him, whilst they were obstructing all his Mea_sures.

Nor did they ever slip any Occasion to assure him, how possible it was, without the least leaning to the Pre_tender, to act constantly in concert with his Agents; and without any Tincture of Republican Principles, to be always inveighing against the Dangers and Inconveniencies of the most limited Monarchy.

At length finding these Absurdities and Contradictions too gross to pass, and all their ingratiating Schemes abortive, they grew weary of the Constraint of speaking a Language so foreign to their Hearts; and resolved at once to throw both the Mask and Scabbard aside, to temporize no longer, but openly to attack even that sacred Person, which hitherto they had only dared obliquely to touch, and collate_rally to glance at.

The Transition was easy from Mi_nisters to Princes; and the same Me_thods that had served to defame the one, were now imployed to depreciate the other. The whole Artillery of Pamphleteers, Ballad-mongers, and Li_bellers was drawn out; they recurr'd a_gain to History for Parallels, they quo_ted Tyrants in Italicks, show'd by what Steps Revolutions might be form'd; and resolved, since they could not prevail on the King to change his Ministry, to try if they could not per_swade the People to change their King.

A Prince, whose personal Courage has been so often prov'd, whose Justice was never call'd in Question, and whose Abilities are equal to his Application, was often hinted at by these loyal and worthy Gentlemen, in Suggestions, which any other Author must share their Crime, to be able to repeat with_out blushing.

He has been described as a Prince who delighted only in Troops and Taxes; tho' every Action of his Reign demon_strates, what his every Declaration from the Throne has profess'd, that his con_stant and steady Aim, is the Ease and Peace of his Subjects, in the Reduction of both.

If train'd in Camps, and exposed in the Confederate Armies and common Cause of Europe, the Glory of his ear_lier Years was Bravery and Success in War; how naturally might the Fame he acquired by his Sword, have biass'd his Mind to that noble Imperfection of the greatest Souls, the Love of exercising it.

But if the secret Inclinations of his Heart, did rather lean towards the Scenes of Action, than the Paths of Quiet; and that he was more delighted with a Military than a Civil Fame (tho' with equal Abilities to acquire either) what Obligations must that People have to him, of whom he chose rather to be the Guardian than the Leader? whose Welfare he preferr'd to his own Passions, and for whom, declining all the dazling Trophies of Conquest for himself, he has been constantly endea_vouring, with a juster Pride, to procure all the national Advantages of Peace?

Whenever he has been cross'd or retarded in this Pursuit, with what Industry have these Authors ascribed all the natural Ebbs and Flows of the Power and Interests of Europe, and the necessary Vicissitudes and Fluctuations of human Affairs, to Errors and Defects in the Councils of Great-Britain.

They have as ignorantly as unfairly spoken of foreign Transactions, like domestick Measures: As if Treaties could be made like Acts of Parliament, and the same Advantages procured to any one State at a Congress, where all Nations are laying in their different Claims, and mutually to be considered; as in a Senate, where the Welfare of one People only is to be regarded, and the distinct Interest of each Parti_cular makes the joint Interest of the whole Body.

With what Clamour have they in_culcated the Decline of our Credit, and the Decay of our Trade; whilst it is demonstrably true, notwithstanding the Reduction of the national Interest for Money, that the one is at this Moment at as high a Mark, as ever it was known to stand; nor is it less sure, that the Suspension of the other, as it was unavoidably owing to the late Commotions in Europe, so must its Revival be the certain, tho' gra_dual Consequence of the Treaty of Seville, and those Commotions sub_siding.

With the same Industry, and the same Justice, have they suggested the Sacrifice the King is always ready to make of the Interest of his English to his foreign Dominions: Few Words are sufficient to the reasonable and the candid, to obviate that Aspersion; and with the weak and the factious, who is idle enough to expostulate? When the King had his Option of Peace with the Emperour, or Peace with Spain, which was the Interest of Hanover, and which was the Interest of Great Bri_tain? Which did he reject, and which did he chuse? Which Power did he defy, and which did he caress?

Another fashionable Topick in their Philipicks has been the Corruption of the Times: This Word has been band_ed about with such strong Innuendos and round Assertions, (for Examples and Proofs are never the Tools these Gentlemen work with) that some have been weak enough to doubt, whether there may not have been some Shadow of Truth, in what I take to be so utterly false, that I believe I may venture to say, this is almost the only Court, the only Reign, in which no one single Instance was ever pretend_ed to be given, of Solicitation made, or Favour shown, by the Force of Money.

But had all these Representations they have made of the Decline, Con_tempt, and Corruption of our Situ_ation been faithful Reports, where must the Odium have fallen but on the Head of our State. Were he a slothful, an ignorant or an indolent Prince, others might have incurr'd it; but as few are so ill inform'd, as not to know, from the minutest to the most material Transactions, both at Home and Abroad, that all who have the Honour to serve him, are rather his Agents than his Deputies, that they are the Ministers of his Dictates, and not the Executers of their own Projects; since I say every Thing is known to pass thro' that Centre, had their Insinuations been true, they knew the Demerit would have been only his, who now enjoys all the Honour of their being false.

Nor has the indefatigable Assiduity of Mr. Danvers for the Service of his Majesty, confined itself meerly to the Advancement of his Honour as a King; but with equal good Will extended it self, even to the Care of his do_mestick Happiness.

In this View (for in what other could it be?) he has, with a Morality not inferior to his Loyalty, not only dared to insult the Majesty of the best Queen, but endeavour'd to cast a Shade over the Virtues of the best Woman.

One not less amiable in every pri_vate Walk of Life, than perfect in her publick Station; for as in the latter her Liberality so many have proved, her Affability all partake, and her uni_versal Benevolence on every Occur_rence is shown; so in the other, what Examples can be given, in any Rank of Life, of a better Wife, a better Mother, a better Mistress, or a better Friend?

If these Appellations seem too fa_miliar, I hope I shall be forgiven the Use of them, since she, to whom they are applied, seems more sollici_tous to acquire, and prouder to de_serve them; than any others Ambi_tion can covet, or Fortune can be_stow.

For as she is sensible, that the one, Merit only can possess; whilst the rest are daily obtain'd by the Accident of Birth or Advantages of Alliance; so she prefers those Titles, which she can only enjoy in common with the Virtuous, to all those less valuable Distinctions, which with Dia_dems, and Purple, she might wear in common with the Vicious.

Nor can the Craftsman boast a great_er Fidelity to History on her Chap_ter, than on most others; for in speak_ing of Edward the Fourth's Queen, that Particular excepted of the best Employments being ingross'd by her Relations, to which not the least Shadow of a Parallel can be pretended in this Reign; his Report of the dead is little juster than his Suggestions of the living; he hardly asperses the Memory of the one, less than in falsifying the Character of the other. But as none are blind enough to mis_take from what Motives he trans_gresses the Laws of Truth upon this Occasion; so no Body, I fancy, will be much puzzled to determine, which Queen is most obliged to him.

But what Effect can these Au_thors flatter themselves such Papers can produce? Do they imagine the gradual Esteem and Reverence for her Character, built on an Experience of so many Years, can be overturn'd by the manifest Injustice and Malice of one Libel? Or, do they mean to insi_nuate, that Kings, like Hermits, are to be excluded all Society, and de_prived of those Blessings which the meanest of their Subjects may enjoy?

Can a reasonable, or a social Mind imagine human Nature capable of greater Felicity, than a Commerce contracted by Inclination, strengthen_ed by Esteem, and rivetted by Habit? If there is none superior, and that being a Prince is to debar the Enjoy_ment of it, I know not whether it be true what Cato says of the Post of Ho_nour, but I am sure the Post of Happi_ness must be a private Station.

On the other Side, If this Happiness be not less compatible with Grandeur, than with Obscurity; and that the Im_portance of a King's Secrets, should only make him more cautious where they are confided; to whom can they with less Danger be communicated, where with more Safety deposited, than in the Breast of one, whose Interest by Situation must be his own, and whose whole Life has been one uninterrupt_ed Series of Proofs, that she has no Pleasure but the procuring his, no Choice but his Will.

His Honour is her's, his Safety is her's, and his Prosperity is her's; and if it were possible for her to taste of Happiness after the Loss of that she enjoys in him, where could she turn her Eyes to find it, but in the Pro_spect of his Crown safely transmitted to the joint Monument of their Af_fection, his and her Posterity?

With what Views then could these Authors, as ignorantly with Regard to past Times, as fruitlesly with Regard to the present, coin the absurd Asser_tion, of the Downfall of the House of York being the Effect of the Conduct of Edward the Fourth's Queen? I can conceive no other Motive for it, than the short-lived chimerical Pleasure it gave them, to prophecy Ruin to a Family, from which as they have ne_ver deserv'd, they never expect any Favour.

Do these Suggestions then spring from a Spirit of Liberty? or are they merely the Overflowings of the Spirit of Faction? Mr. Danvers says, they never subsist together. Quam temere in nosmet leges sancimus ini_quas? For if this Position be true, how little of the Spirit of Liberty can there be at any Time in the Con_duct of those, who were often so evi_dently actuated by the Prejudices of the other.

I own it unfair to turn this Maxim upon him; since in chiming upon these two Phrases, he hardly oftener asserts their being incompatible, than he gives Instances of their not being so.

One Proof (besides many others I could produce) of His Examples jar_ring with this Maxim, is his saying in the Craftsman of October the 3d, that in the Contentions of the Yorkists and Lancastrians, Tho' each Side contended to have a King of their own, neither Party would have a Tyrant; they sa_crificed their Lives to Faction, but would not give up their Liberties; This sure demonstrates, that the Spirit of Faction did reign, even among these Champions for Liberty; and much plainer, I believe, than the Craftsman can prove, that the Spirit of Liberty ever moves his Engines of Faction.

I should grow very tedious if in this Paper I should launch into a far_ther Disquisition of all the contradic_tory Rodomontades I could point out in his Performances; I shall therefore conclude with saying, That be his Hopes never so sanguine, his Prophecies ne_ver so strong, his Writings never so inflamatory, and his Endeavours never so indefatigable; Whether HENRY was merely a Creature of the People or not; whether they were Losers by his bad Qualities, or Gainers by his great ones; Whether Edward the Fourth's Queen was so great and able a Wo_man, as Rapin describes her, or so short_sighted an Intriguer as Mr. Danvers represents her; Whether new Kings are always agreeable to a Nation or not; and whether Caleb and Fog, or their Directors or Emissaries, have a distinct or united Aim; I do firmly believe, that the Peace and Happiness of Eng_land are too deeply rooted in the present House of York, for the Nation ever to be mad enough at the In_stigations of the Craftsman, to risque the transplanting them into his House of Lancaster.

FINIS. |CRE |Y1642

Die Mercurii 27. Iuly. 1642.

IT is this day Ordered by the House of Commons now Assembled in Parlia_ment, That Sir Christopher Yelverton doe returne thanks to M&rsup;. Hill from this House, for the great pains he took in his Sermon this Day, Preached at the Intrea_tie of this House, being the Day of Pub_lique Fast, at Saint Margarets Westmin_ster; And that he doe likewise intreat him from this House to print his Sermon And that no man presume to print it, till the House shall take further Order, but whom he shall appoint.

H. Elsynge Cler. Parl. Dom. Com.

I appoint Iohn Bellamie, Philemon Stephens, and Ralph Smith, to Print my Sermon.

Thomas Hill.

THE TRADE OF TRUTH ADVANCED. IN A SERMON PREACHED to the Honourable House of Commons, at their Solemne Fast, Iuly 27. 1642. By Thomas Hill, B.D. Pastor of the Church at Tychmersh in the Countie of Northampton. Published by Order of that House. Iohn 17.17. Sanctifie them through thy Truth; thy Word is Truth. 2 Cor. 13.8. For we can doe nothing against the Truth, but for the Truth. &horbar LONDON, Printed by I.L. for Iohn Bellamie, Philemon Stephens, and Ralph Smith. 1642.

TO THE HONOVRABLE HOVSE OF Commons, NOW ASSEMBLED in Parliament.

WHen I first heard that I was designed for this solemne Service, being conscious of my own in_sufficiencie to Preach to so awfull an Assembly, I could not entertaine it without trouble; yet resolved with Luther, rather to undergoe others censures, then to be reproved for ungodly silence, in such times when the Lord suffereth. Inveniar sand superbus &c. mod� impii silen_tii non arguar dum Dominus patititur. Luth. Ep. ad. Staup. And now I have as much reason to be full of blushings, to thinke that this plaine Dis_course should be exposed to more publique view; but herein I must resigne up my self unto your disposings, to whom I owe, & quod possum, & quod non possum, much more then my meanenesse can performe.

This Sermon, such an one as it is, I humbly tender to your Gracious Acceptance, who have adopted it; I put it into your Honourable Protection, who have listed it; I commend it to your Practicall observation, for whom I intended it; heartily desiring Gods blessing upon your spirits in the perusall of it; that you may read and act it, turning words into works, that you may repeate it over in your lives, which is the best repeti_tion of Sermons.

Our present breaches, call for a contribution from every one, for the repairing of them; but much is expected from you, who are called to be publique Counsellors, and thereby ob_liged to expresse a publique frame of spirit (which is the beau_tie and strength of a Great Councell), swallowing up your private interests, in the publique Welfare. Not with Baruch, seeking great things for your selves, which is most incongru_ous to Stormy times, but rather resembling Melanchthon, who professed, though he had many Domesticall troubles, yet the publique wounds of the Church most deeply afflicted him. Ier. 45.5. England is more bemoaned, by many with that language in Austin over the poore man. Quomodo huc cecidisti? Aug. Ep. 129. Alas how camest thou into these distractions? She may answer as the poore man there, standing in more need of reliefe then dis_course. Obsecro cogita quomodo hinc me liberes. Thinke how I may be rescued out of these troubles. Towards this blessed Worke, I have cast in my two mites, moving in the proper sph�re of a Divine, as an Agent for the Truth, per_swading you, who are betrusted by others, and have farre en_gaged your selves in the Reformation of Religion, that with all your might, you would promote The Trade of Truth.

It is not for me to suggest a Methode in the execution of your counsels. Isa. 9.6. He whose name is Counsellor guide you; yet I shall still pray that in your Intention, the purging, the set_ting, the advancing of True Religion may be most Dear un_to you. It is one maine end, and a pretious fruit of govern_ment, that wee may lead peaceable and quiet lives in All Godlinesse and honestie. 1 Tim. 2.2. This is well worth peoples wrast_ling prayers, and your most active endeavours. The sta_bility of all our blessings must come by the True Religi_on, Gods presence is the best security, who is most power_fully present where there is most power and purity of Re_ligion. Would you have a flourishing Kingdome, advance the Kingdome of Christ in it. Let the State maintaine Religion, and Religion will blesse the State, could you settle all our State liberties, yet if the Arke of Truth bee taken from us, Our glory is departed, we may write these mourning chara_cters upon all our Comforts, Ichabod, where is the glory? 1 Sam. 4.21,22.

It is too high a complement in the Lord Cordes, a French Commander, who often said, that he would willingly lie seven yeeres in Hell, so that Callice were in the possession of the French againe. Hollinsh. in Hen. 7. We blesse God for that reall selfe-denyall and activity ye have expressed, abating so many personall and fa_mily contentments, in your long attendance upon publike affaires. Be not weary of well doing, in due season ye shall reape if you faint not. Gal. 6.9.

Never had any Parliament more work to do; Ire_land still bleeds, the affaires thereof find unhappy obstructi_ons. To subdue Rebellion, to plant Religion there, are great matters. England is very much out of frame. The Church cals for Truth; the State cryes for Peace, they who sowed in hope, reape in feare, our sickles are turning into swords. Now to effect an happy correspondence betwixt our Soveraigne and his people, a blessed compliance betwixt England and Religion, heres work for the strongest shoul_ders.

Never had any Parliament greater opposition. As Nehem. 4.17. our builders worke with one hand, and hold a weapon with the other. Achitophels plot, Rabshekahs raile, Sanballats mocke. Yea since councels of Reformation, there is a more malignant antipathy appears against truth in many places. As 2 Tim. 3.13. evill men and seducers waxe worse and worse, deceiving and being deceived. Yet be encouraged Worthy Sirs. Never had any Parliament so many Thundring Legions of praying Christians, to assist them. when others insult and blaspheme, Iacobs posterity are wrestling with God for you, resolving not to let him goe till he blesse you. And whilst you are pursuing peace, allow this plaine Sermon that humble boldnesse as to whisper you in the eare, beseeching you still to maintain your former zeale in the cause of Truth. When did your counsels prosper more, then when you were most active about religion. When you were building the Lords House, For hee builded yours as Hag. 2.19. from this day I will blesse you.

Be pleased therfore more and more to engage your selves for the Truth, so shal you engage God for you; let your cause be His cause then his Attributes will be yours, his providence will work for you, his spirit will work in you; 2 King. 6.16. then will you have more with you then against you, though the Devill and the Pope combine. Do your owne work, trust God with his; duty is ours, Events, successe are his. Commit the keeping of your soules, of the Church, of the state, to him in well doe_ing as unto faithfull creator. 1 Pet. 4.19. Truth will yet Triumph, Ba_bylon and all her Crutches must downe; the fight of faith is a good fight, because such souldiers are sure of the victory. 1 Tim. 6.12. The kingdome of Christ shall prevaile, though second causes be impotent, yet the zeale of the Lord of Hoasts will perform this. Isa. 9.7.

When Hierusalem is restored it will be a city of Truth Zach. 8.3. O that all our Parliament worthyes, might bee so valiant for the Truth that England might become a king_dome of Truth; following Chronicles will then give you a share in that Honour of being the Churches Saviours, as Obad. v.21. and God will put Zerubbabels high dignity upon you, making you as Signets. Hag. 2.23.

The Good Lord guide, unite, act and blesse your counsels, And think upon you for good, according to all you have done, or shall doe for his people.

So prayes He who desires to be found, Your faithfull servant for the Truth: Thomas Hill.

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

THE eternall Happinesse of our immortall souls is to be found only in union and communion with Iesus Christ; Religion is that which gathers and binds up the spirit to close fellowship with Him; This bond is twist_ed out of those materials, which the severall pen-men of Holy Scriptures have prepared; Wise Solomon hath contributed a good share to this blessed work in his three Books, Proverbs, Eccle_siastes, Canticles.

I will not confidently with Hierome and others, entitle Solomons three books, to his three Names; Hierom. in Ec_cles. Cornel. a Lap. in Prov. Argum. As he was Solomon peaceable (say they) he scattered Proverbial sentences among young men, to dis_cipline them in wayes of righteousnesse and peace; As he was qhlt, Ecclesiastes, the Preacher, he wrote the book of Ecclesiastes, a pithy Ser_mon, teaching men of riper yeers, the vanitie of vanities in all worldly excellencies. As he was Iedidiah, 2 Sam. 12.25. Beloved of the Lord, he acquainted greatest proficients, with the sweet communion betwixt Christ and his Spouse in the Song of Songs.

But of this I am sure; The book of Proverbs is sutable to its Title, worthy of Wise Salomon the sonne of David king of Israel, Prov. 1.1. In the first book of Kings, Chap. 3. vers. 9.11. Salomon was an earnest suiter unto God for understanding; and because he sought it from God and for God, (so much doth the Lord love to see a publike spirit in our private prayers.) He gave him a large portion of wisdome, with an overplus of other rich advantages; he obtained both the wisdome of a Prophet and of a King, whereby he spake both Propheticall and Kingly sentences. So much the Originall word msly rendred, Pro_verbs seemes to import; raigning commanding sentences, being so full of wisdome gravity and authoritie; and that stile of being Master of the Sentences, may well be translated from Peter Lumbard, unto King Salomon, who was the Au_thor of so many Master-sentences. Axiōmata sive dignitates, baelig; doctrin� qu� suo merito vit� nostr� ve_luti domin� & moderatrices esse debent, Cartwr.

Much of the wisdome of a Nation, is oft found in their Proverbs; and much of Salomons in this book of his Proverbs, it being a cabinet of such Jewels, as is fit for the closet, of so wise a King, full of short and pithy sentences, like Jewels indeed, containing magnum in parvo, much value, vertue, and lustre in a little roome.

And for the better discovery of their excellencie, it is observable, that herein they differ from most o_ther Scripture; Their Harmony is in discord, their beautie in a kinde of contrarietic. If you would under_stand our Saviours parables, minde the scope; if you would reach many other places of Scripture, attend the dependance, but if you desire distinctly to apprehend the Proverbs in them, consider the opposition; which though it appeare not so full in this my Text, as in many other of these Proverbiall sentences, yet here you may finde two disagreeing parts.

Parts of the Texts. First an Injunction, Buy the Truth.

Secondly, a Prohibition, Sell it not.

This opposition, such as it is, begets two Propo_sitions.

1. All the sons of wisdome, must be carefull to buy the Truth. 2. Though all must be buying, yet none may sell the Truth.

I will follow the method of the words, beginning with the first proposition.

1. Propositi_on. All the sonnes of wisdome, must be carefull to buy the Truth.

Herein by Gods gracious assistance, I will take a view of severall branches, enquiring by way of expli_cation and confirmation.

1. What is the commoditie it self, this Truth that must be bought? 2. Into the nature of the purchase, with the price of it. 3. What Reasons may engage us to trade in this commoditie.

And then joyntly shake them altogether in the application, trying what seasonable fruit they will af_ford this grave Assembly on this solemne Day.

Explication. Every one will be enquisitive concerning the com_moditie it self: What is this Truth? I answer, Not a Metaphysicall Truth, thats for Speculation only, not a Logicall Truth, thats chiefely for disputation; nor a Morall Ethicall Truth, thats but one sprig of speaking; [veracitas rather than veritas] Salomons Truth here must needs be Theologicall. And that not veritas 1� prima, God himself, no creature can compasse so great a purchase, if God were willing to sell it, but veritas 2� prima, derived from that first Truth, this may, and must be bought. This is veritas objectiva, as it lyes in the Scriptures, both in the principles of it, and conclu_sions deduced from it; Truth Originall and Truth Derived. And veritas subjectiva seated in us, which we sucke from the word of Truth. Indeed Truth of Religion in us, grounded upon the Holy Scriptures the Rule of Truth; which comprizeth Truth in our Iudgements, when soundly informed; Truth in our wils and affections, when obedientially conformed; Truth in our conversation, when seriously reformed accord_ing to the word of Truth.

1. Libertie of Truth must be bought. There are things in Truth well worth our Buying, first libertie of Truth, that the True Religion may have free passage, and not be imprisoned in corners or clogged with difficulties. Veritas nihil erubescit pr�_terquam adscondi. Truth blusheth at nothing so much as to be concealed. Paul desireth the Thessalonians to pray for him, Sylvanus and Timotheus, that the word of God may run and be glorified. 2 Thess. 3.1. It is a disparagement to Christ and his Gospel, when that hath so much adoe to creepe, which should run and ride in triumph from congregation to congregation, from kingdome to kingdome. But a most beautifull and honourable sight to see Christ at the opening of the first Seale, with a bow and a crowne, going forth conquering and to conquer, subduing the Heathenish world to the obe_dience of his Gospel by the preaching of the Apo_stles. Revel. 6.2. What though a river be full of good water, yet if frozen, if not an open passage, men may die for thirst.

It is the motion of the Sun of righteousnesse, that disperses both light and heat. Libertie of the Gospel makes it a Gospel to us. The Church in the Acts knew how to value this libertie of Truth, and there_fore when Peter was imprisoned instant and earnest prayer was made; the answer was as effectuall. Acts 12.5. Peter released, Herod confounded, and truth set at libertie. Of all famines, the Soul-famine, Gospel-famine is the most grievous, threatned as an heavy Judge_ment, Amos. 8.11,12. But a most sweet mercy to feel and taste the accomplishment of that promise, Isa. 30.20. Though the Lord give you the bread of adversitie, and the water of affliction, yet shall not thy teachers be re_moved into a corner any more, but thine eyes shall see thy teachers.

2. Puritie of Truth must be bought. Secondly, Puritie of true Religion, is a good pur_chase as well as libertie. That we may have an incor_rupt Religion, without sinfull, without guilefull mix_tures; not a linsey-woolsey Religion. All new borne babes will desire to logikon adolon gala, 1 Pet. 2.2. Purum est ple_num sui & im_mixtum alieni. Word_milke, Sermon-milke without guile, without adulterating Sophistication of it, of which Paul glories, 2 Cor. 2.17. For we are not as many, which corrupt the word of God: but as of sinceritie, but as of God, in the sight of God speake we in Christ. Whose zealous care it was, 2 Cor. 11.2. to espouse the Church of Corinth to one Husband (no polygamy in the second marriage) that he might present them as a chaste virgin unto Christ. This he endeavoured by pure Gospel means, and by perswading to puritie and singlenesse of heart in the use of those means. The Devill is as busie vers. 3. to corrupt peoples minds from the simplicitie that is in Christ; well knowing the simplicitie that is in Christ, is the best Rule for the Churches conformitie, to this we may subscribe without any checke to con_science. Quot supererunt mixtur� ex ho_minum ingenio prolat� totidem extabunt, pollu_tiones qu� homi_nes distrabant � certo eorum usu, qu� Dominus in eorum salutem instituerat. Calv. Ep. Prot. Angl. Totalis & ad�_quata regula est scriptura & tra_ditio simul. Traditio parem habet autorita_tem scriptur�, Becan.

And indeed, what are false Religions, but Humane compositions. The Alcoran compounds Mahomets fond devices with some fragments of Gods word.

Popery compounds unwritten Traditions most pre_sumptuously with Holy Scripture; yea it rakes up Hea_thenish customes, revives old Jewish Ceremonies which are now mortu� & mortifer� dead and deadly, compounding them with the institutions of Christ.

You may discerne such mixtures in many errors, about the great mysteries of the Gospel, even in every linke of the golden chaine of Salvation, Rom. 8.30. Arminians in the Decree of Election compound fore_seene faith, with the Soveraigntie of Gods will. In vocation, so compounding mans Free-will with Gods Free Grace, that with them in the act of conversion prima causa depends upon secunda, the power of Gods grace must wayte upon the concurrence of our good nature.

Popish Doctors doe strangely compound works with faith in the act of justification; and in glorifica_tion, so compound the merits of the Saints with the merits of Christ, that by a condignitie they become meritorious of eternall life; let the Devill affect vaine compositions; the whore of Babylon must paint her wrinckled face with some borrowed beautie, to cover her inward deformities; Christ and his Truth, will glory in no vernish so much as native simplicitie and puritie.

3. Power of Truth must be bought. Thirdly, Truth must be purchased as well in the power, as in the libertie and puritie of it. There should be such a streame as runs purely without mud, and that in a strong torrent. Hypocrites will swarve in the last age, when most Gospel-light breaks out, many paint_ed professions will borrow some lustre from it; This Paul foretels, 2. Tim. 3.5. In the last dayes together with many streames of wickednesse, there will be a generation of men having a forme of Godlinesse, but denying the power of it; a good description of hypocri_sie. Hypocrisis est signum sine sig_nato. But the Lord bespeaks power, both in the dis_pensing and the professing of Truth. Paul desired to preach in the demonstration of the spirit, and of power, 1 Cor. 2.4. as well knowing that the kingdome of God is not in word, but in power, 1 Cor. 4.20. It is not word_ing, but working the power, that will evidence to spea_ker or hearers, that they are subjects in the kingdome of Grace and heires to the kingdome of glory. This Paul made an argument of their election, 1 Thess. 1.5. that the Gospel came not to them in word only, but in power and in the Holy Ghost; much power appearing in the dispensation of it, and the Thessalonians hearts so fully possessed with the power of Truth, that their carnall principles were confuted, their passions modera_ted, their lusts mortified, and their self-ends con_founded.

Most men affect in Religion, either a dull moderation, or an outside pompe, both enemies to the power of Truth. Moderation doth better in other things, then in the practice of Religion, where there cannot be a nimium. God requires totum cor and totum cordis, the whole heart, and the totalitie of it; that we should love him with all our heart, with all our soul, and with our strength, Luk. 10.27. Indeed moderation hath its season, but with Calvins caution; I confesse (saith he) there ought to be moderation, yet this I constantly af_firme, care must be had, that under pretence of moderation, nothing be tolerated, which proceedeth from the Devill or Antichrist. Fateor quidem moderationi lo_cum esse oporte_re, sed non mixus constant�r offir_mo videndum esse ne sub illo pr�textu tolere_tur quicquam quod � Satan� vel Antichristo profectum sit. Calv. ep. Prot. Angl.

Neither must we so affect the outward pompe of Reli_gion, as to neglect the power of it. Hilary his counsell was good, who writing against Auxentius Bishop of Mil_laine, complained that the Arrain faction had con_founded all, and therefore admonished all men to take heed, how they suffered themselves to be led with outward appearances. Hilarius contra Auxentium. Mal� vos parie_tum amor cepit; mal� ecclesiam Dei in tectis �_dificiisque vene_ramini; mal� sub his pacis nomen ingeritur; ann� ambiguum est in iis Antichristum Sessurum? It is not well (saith he) that you are in love with walls, that you esteeme the Church in respect of houses and buildings, and in, and under these shewes and appearances pretend and urge the name of peace. Is there any doubt of Antichrists sitting in these places? This makes Popery such a Religion as pleases mens eyes, and humours their eares, rather then rectify their mindes, and heale their hearts, because they seeke not so much to purchase the power, as the pompe of Religion.

Having layed open before you the Commoditie it self to be purchased; Truth in the libertie, puritie, and power of it; Its necessary further to enquire in_to the nature of the purchase, with its price.

Purchase of Truth. 1. Begins in Desires after it. As all other markets, ordinarily begin at home; so indeed our trading for Truth. The spirit of God, having convinced the heart, how farre it is come short of the glory of God by sin, Rom. 3.23. and that men are alienated from the life of God, through the ignorance that is in them, Ephes. 4.18. withall, giving the soule an hint and taste of the excellen_cie and sweetnesse of Divine Truth, the only So_veraigne means of its recovery, it groanes most se_riously, and pants most affectionately after ac_quaintance with the truth and possession of it. Scientia visus, and gustus. And that not only by some cold velleitie, by some dull wishing and woulding; but by a peremptorie choice; not by wandring and flashy, but constant and fixed desires; not by lazie and slothfull, but operative and busie desires; Truth I would have, yea Truth I must have, els I am everlastingly un_done. Isa. 55.1. Luk. 18.1.7. Prov. 26.15.

2. Promoted by Diligence. Affectionate desires, as they live and move in opinions; so they produce actions, inclining us to take pains for the obtaining of that we would possesse. They adde wings to the soule, making us to flie like busie Bees from flower to flower, from ordinance to ordinance, that we may sucke the sweetnesse of Truth, which is sweeter then honey, and the droppings of honey combs. Psal. 19.10. The purchase of Truth, is carryed on by such an active disposition, as the Spouse in the Canticles had to enjoy her Beloved; I will rise now and goe about the streets, and in the broad wayes, I will seeke him whom my soule loveth. Cant. 3.2. Every buyer of truth, must be willing with little Zacheus to get up into any Sycomare tree, to take all Gospel advantages, to gaine a sight of his Saviour, to behold Christ who is Truth it selfe. Luk. 19.3,4. Truth is an hidden trea_sure, Matth. 13.44. sometimes hidden from us by the difficultie of Scripture wherein it is con_tained, God thereby putting a value upon it, and an edge upon our studies and prayers; some_times hidden by differences amongst learned men. Law may be clouded by a multitude of booke Cases; and Divinitie abscured by a multitude of Schoole utrums.

Many times truth is hidden by the scandalous lives of such as professe it. Carnall spectators be_ing much more quick-sighted to apprehend the deformity of Religious men, then the beauty of Religion it selfe. And too often hidden under great disgrace in the world, being stiled, Here_sy, Schisme, Faction. C. Sejus. Bonus vir, sed Christia_nus. Yea Religion it selfe ac_counted the greatest Crime. This Treasure lies often so deep, you must be content to sweat in digging for it before you can obtaine it.

3. Managed by Prudence. All they who would purchase Truth, must not onely be like Merchant men seeking goodly Pearles; Matth. 13.45. but withall, be able to discerne when they have found a pearle of great price, vers. 46. to know whether it be a pearle or pibble; that it is not drosse, but gold bearing the stamp of truth.

There is much doubtlesse in that of the Apo_stle Paul, Col. 4.5. Walke in wisdome toward them that are without, redeeming the time. All good Mer_chants must be redeeming time, improving all hints of doing good, of enjoying Gods ordi_nances, wherein you may trade for truth. Ob_serve the connexion; walke wisely towards them that are without, redeeming the time. The Church was then under persecuting Governors, and vexed with bad neighbours, both enemies to the trade of truth; yet you must be purcha_sing; only wherein walke so wisely towards them without. 1. That you violate not the peace and puritie of your owne conscience. 2. That you deface not the stamp of Divinitie upon Autho_ritie. 3. That by a rigid austeritie you alie_nate not others from truth.4. Nor by a comply_ing familiaritie with them in their sins, harden them against the truth.

4. Transacted by paction. The Soule that thirsts after Truth, having ta_ken paines, how according to the rules of godly providence, it may be possessed of that it so deare_ly loves, is now willing to conclude the bargaine by paying the price. Solomon here mentions no price, because he would have us buy it at any price. H�c optima commutatio, da res tuas ut ac_quiras verita_tem; non alie_nabis �, te veri_tatem, ut acqui_ras res altas. Cajet. Sometimes it may cost us credit, and libertie, as it did the Apostles, Acts 5.41. Sometimes it may cost us the losse of goods, as it did those Christi_ans, Hebr. 10.34. Yea, sometimes life it self, must be the price of Truth. We must be content to fol_low that cloud of witnesses, which appeares in that little booke of Martyrs, the 11&thsup; Chapter to the He_brews, we must write after that heroicall copie which our owne Worthies have set us, who sacrificed their dearest lives, to the crueltie of Bonners flames, that they might possesse the Truth.

Truth seldom bought upon cheap tearmes. Truth is so precious a Jewell, you must never expect to have the markets cheape. The Devill at first laid siege against the Truths, which were most Fundamentall, that so he might have rui_ned all the buildings; he would by the subtil_tie of ancient Hereticks have huckstered up those Truths, which concerned the Natures and Per_son of Christ, this cost very deare, before the foure first Councells could settle Truth against the Hereticks of those times. Afterwards, when Poperie invaded all the Offices of Christ (such a dangerous gangreen is it) undermining him, as the Prophet, as the Priest, and as the King of his Church, it cost no little blood in England and Germanie, to vindicate the Doctrine of Divine worship, and of the Holy Sacraments, from such errors as opposed the Propheticall and Priestly Office of Christ. That branch of Truth about Church Government and Disci_pline, so much concerning the Kingly Office of Christ, is of rich value, if the Markets should rise, we must drive on the bargaine what ever it cost. No price too great for the obtain_ing such a Purchase, to see our Deare Saviour advanced in all his Offices; as the Churches Pro_phet, without being beholden to unwritten tra_ditions; as the Priest of his Church, without the satisfactions of any Meritmongers, without any Purgatorie, any Bridewell of the Popes ma_king; as the King of his Church, above Mi_ters, above Canon-laws, or any Church usurpa_tions whatsoever.

Confirmation. After the discovery of the nature of this purchase and the price of Truth, its fit to con_sider what Reasons may engage you all to trade herein; which are divers, according to the va_rious reference Truth hath to things of high con_cernment.

1. Reason. Never expect to have the spirituall and eter_nall good of your owne immortall souls effectu_ally promoted, unlesse you buy and be possessed of Truth.

1. The Word of Truth, is the seed by which we are begotten againe, Iam. 1.18. Yea incor_ruptible Seed, which liveth and abideth for ever, 1 Peter 1.23. untill the Truth hath delivered us, what are we poore sinners, but an heape of dry bones, so many dead carkases rotting in the grave of corruption. 2. It is the Milke, by which new borne babes are nourished, 1 Peter 2.2. by this they grow in the habits, in the degrees, in the exercise of Grace. Strangers to the Truth, like the Prodigall, live upon husks, and lay out their money for that which is not bread, Isa. 55.2. 3. Naturally, as the sonnes and daughters of Adam, we are stained with many spots, steeped in corruption, polluted with filthinesse of flesh and spirit, 2 Corinth. 7.1. Truth is the water by which we are cleansed, Ioh. 15.3. 4. When we goe groping up and downe in the darke, exposed to errors, besieged with terrors, Truth affoords us direction and consolation, Psal. 119.105. 5. Truth is the Armour, by which you are de_fended against your spirituall Enemies, and en_abled for offensive warre. Amongst the sixe peeces of our spirituall Armour, three of these have speciall dependance upon the Truth. You must have the girdle of Truth, Ephes. 6. vers. 14. be shod with the preparation of the Gospell of peace, vers. 15. and take the sword of the spirit, vers. 17. 6. And indeed the word of Truth, is the Gos_pell of your Salvation, Ephesians 1.13. The Char_ter by which the Corporation of Saints, chal_lengeth such rich priviledges; the Articles of that Covenant, which doth entitle them to such blessed hopes.

2. Reason. You cannot hope to finde Gods gracious ac_ceptance of your service, nor enjoy any Soule_refreshing communion with him in the duties of his worship, unlesse Truth direct and animate your spirits therein. When David was engaged in a pious and plausible service, in fetching the Arke from Kiriath-jearim, 1 Chronicles 13. he consulted, vers. 1,2. the people consented, vers. 3,4. there was much confluence and triumph, vers. 8. The Oxen stumbling, Vzzah upon a faire pretence, put forth his hand to uphold the Arke, yet God would not accept of his faire in_tention, but smote him that he dyed, vers. 10. the reason is rendred, 1 Chronicles 15. vers. 13. because God was not sought after the due order, his Truth was not observed, in the carrying of the Arke, as vers. 14. with reference to this Story, Peter Martyr commends it, to the care of Queene Elizabeth, that Church Gover_nors endeavour not to carry the Arke of the Gos_pell into England, upon the Cart of needlesse Cere_monies. P. Martyr. Ep. 36. Regni Eliz.

There are two flyes which marre the most precious pots of oyntment. Hypocrisie and Su_perstition, as Isaiaj 29.13. Wherefore the Lord said, forasmuch as this people draw neere to me with their mouth, and with their lips doe honour me, but have remooved their heart farre from me, and their feare toward mee is taught by the precept of men. In both a great defect of Truth. Hypocrisie is lip-labour, and lip-labour is lost labour; no du_tie acceptable without truth of heart in it; Su_perstitious worship, taught by mens precepts, may be devout enough, yet because it wants the Au_thoritie of Gods Truth to Steere it, how marvel_ously doth God curse it, vers. 14. Therefore behold, I proceed to doe a marvellous worke amongst this people, a marvellous worke and a wonder: the wisdome of their Wise men shall perish, and the understanding of their Prudent men shall bee hid. When the Devill hath made men Superstitious, God will make them foolish, he takes no plea_sure in them.

The best of our Practicall Christianitie, even our most solemne addresses to God (upon such a day as this) loose their vigour and blessing, if custome only or formality act us herein, and not conscience to Gods Truth. What are good Chri_stians, but Rules of Truth, become examples, yea living, walking pictures of Divine Truth. When the wantonnesse of humane wisdome, will multiply Will-worship, and Wit-worship, thinking to please God with better devises then his owne, it turnes to grosse folly, and ends in much mischiefe, rather then acceptation. Wit_nesse Gideons Ephod, Iudges 8. vers. 27. Yea, such men take much paines to loose their la_bour, and Matthew 15. vers. 9. In vaine doe they worship God, teaching for Doctrine, the commande_ments of men.

3. Reason. Never expect the gracious presence of Christ in his Churches, unlesse you purchase Truth, and set it upon the Throne, Revel. 2.1. He walk_eth in the middest of the golden Candlesticks, whose office it is to hold forth the Truth.

The beautie and efficacie of Church Govern_ment and Discipline, depend upon their Con_formitie unto Divine Truth. It must Regulate Church Power, and Discipline Church Admi_nistrations, else they will soone loose their Lu_stre and Authoritie, Degenerating either into emptie Formalitie, or into Church Tyranny, which of all other is most grievous, because so oppressive to the Conscience. Hence such un_couth Catalogues of Church Offices amongst the Papists: Pope, Cardinals, &c. Hence such swelling Volumes of their Canon Law, because not Divine Truth, but carnall wisdome drew the platforme. Hence so many of our Temples, made houses of Merchandize, wherein, as in the darknesse of Popery, Indulgences were, Absolutions are bought and sold. Yea, hence the sword of ex_communication which was wont to be formidable, because drawne with so much solemnitie, is now made contemptible, because so familiarly abu_sed upon trifles; and all this, because Divine Truth hath had no more power in our Con_sistories. Gladius Eccles_si� venerand� raritate formida_bilis. Petr. de Alliaco. And this doubtlesse doth much foment the present distractions of the Church, that ei_ther fancie or affection should put such high claimes upon things, as suddenly to style them Institutions of Christ, or usurpations of Antichrist, not sufficiently consulting with Divine Truth. If our Prelaticall Power, and Cathedrall Pompe, be of Divine Right, let us see a Divine word for it; what need we such violent arguments to maintaine them, oath upon oath, subscription up_on subscription?

Let Christ himselfe be acknowledged as King in his Church, as Lord in his house, let the word of Truth be our Booke of Canons, our Books of Discipline, and then if Paul were our visitour, he would rejoyce to behold our order, as Colossians 2. vers. 5.

Yea, then we shall undoubtedly find the Broad_Seale of Heaven, confirming what is done, when we follow the guidance of Christ in his owne Truth, Matth. 18.15,16,17,18.

4. Reason. The best way to promote the most publique good of all the Churches, is by advancing the trade of Truth. This publique counsell should move in the most publique sph�re, seeking good for themselves and others, both at home and a_broad. The eyes of all the three Kingdomes, yea, of the Protestant world are now upon you, ex_pecting much from your influence. You can never contribute fully to the worke, of Reforma_tion here, unlesse you set Truth at libertie; nei_ther shall you be so effectually helpfull to all the Protestant Churches, though you should recover their lands and regaine their territories, unlesse you re-establish their Religion, by opening a free trade of Truth amongst them.

Truths advancement is one of Gods great de_signes; Kingdomes are for Churches, and Chur_ches golden Candlesticks to hold forth Truth, that therein Christ may appeare in his most glorious lustre; when the banners of Truth are universally and victoriously displayed, The Kingdomes of this world shall become the Kingdomes of our Lord, and of his Christ, and he shall reigne for ever and ever, Revel. 11.15.

How came Tropery to be advanced to so great height, but by suppressing Truth; 2 Thess. 2.7. The mystery of iniquitie wrought in the Apostles times; It went on by steps; the Pope was first Antichrist nas_cent, then Antichrist crescent, after Antichrist regnant, but when he was made Lord of the Ca_tholike Faith, so that none must beleeve more, nor lesse, nor otherwise then he prescribed, he became Antichrist triumphant. See Crakan_thorp of the fift Generall Councell, chap. 13. The Pope is guiltie of the grossest theevery, he robs the Sacrament of the Cup, the Scriptures of their Au_thoritie, and the Church of the Scriptures; as theeves blow out the candles, the better to con_ceale themselves, and carry on their designes; so He suppresseth, as much as he can, the light of Truth, that with more advantage, he may play his pranks, and creepe undiscerned in the darke.

If you would lay siege to the Devill or Popes kingdome, and undermine all the crutches and supporters of it, set Truth at libertie. Zachary 4. vers. 6. the great mountaine of opposition must be moved, not by humane power and might, but by the spirit of the Lord of Hoasts, not only by his power but by his spirit, because Church works must be carryed on in a way of enlightning and revealing the Truth. Thus the wise providence of God wrought formerly, when a Generall Coun_cell (though by many groaned after) could not be obtained with the consent of the Clergy and Court of Rome, to whom Reformation would be a certaine Ruine, He stirred up divers He_roicall Worthies, Waldus in France, Wickliffe in England, Luther in Germany, Knoxe in Scot_land, to despise the light of Truth; And Revel. 14. vers. 6. After the flying Angell, having the everlasting Gospell to preach unto all that dwell on the earth, then vers. 8 there follows another Angell saying, Babylon is fallen. Doubtlesse the Pope must fall not only by the Sword of Princes, but by the Sword of the Spirit, 2 Thessalonians 2. vers. 8. That wicked One must be revealed, and consumed with the Spirit of the Lords mouth. If you would have the mystery of iniquitie un_masked, see the Popes Triple Crowne tumble, and the thicke mist of Popery vanish, help for_ward the bright Sun-shine of Gods Word, pro_mote the libertie, puritie, and power of Truth.

Application. You have had a discovery of some few sprigs, growing upon this first Proposition, let us in the Application, gather the wholesome fruit which hangs upon them.

1. Vse Self-examina_tion. It is the good hand of God upon us, when so many of our brethren in Ireland, are still bleeding under their enemies crueltie, that we are at libertie in this solemne Ordinance, to plead with God for mercie. Oh that this day of Self-humbling, might be to us in the use of it, according to its nature, a self-searching, or soul-purging day.

My Commission is, to hold forth the Glasse of Gods Truth before your eyes, that you may discover your spots and defects. Let it be your worke, to reade over your selves, as well as your Bibles; to speake and write retractions of your former errors, and confessions of your mis_carriages (I wish we could all be Augustines here_in.) The Lord knoweth what Volumes many of us might fill, if we were but well studyed in our selves. And together with the long Catalogue of all our other sins, our neglect of Truth must come in, as having a great influence into the rest: for this we may blush and bleed, yea rivers of teares are too little to bewaile this, that in all our designes, we have so little minded to pur_chase the Libertie, the Puritie and Power of true Religion.

Adam and Eve began to make very bad mar_kets, to sell themselves and posteritie, for the for_bidden fruit. Prophane Esau, sold his Birth-right for a Messe of pottage, Heb. 12.16. How ma_ny with Absalom, to humour their vain-glory, will set the Peace of a Kingdome to sale? How many with Haman, to gratifie proud revenge, will set a whole Church to sale? Some with Iudas, will set up their Saviour to sale for thirtie pieces. O_thers with Diotrephes (the first Cocke of the game) that they may fill their sailes with Church-pompe, and Church-power, will set the Keyes of Church and Ordinances of Christ to sale. Lay your hands upon your hearts. To be purveyours for your lusts, as the prophane, Romanes 13. vers. 14. To be Merchants for the Pope, as the Superstiti_ous Innovators. To be Proctors for the Devill, as Gospell-opposers, what saith conscience? Is this to buy the Truth.

Give me leave (Honourable and beloved) to come neerer you, with three plaine Queres. I study not alta but apta proferre.

1. Quere. Concerning the persons. Have you gotten your owne hearts possessed with the power of the Truth? Hath Gods word a throne in your Consciences, Colosians 3.16. Let the word of God dwell richly in you. If it dwell there. First, it must intrare, then residere: it must dwell and abide there, exercising a sove_raigntie over you, ever drawing open into an humble familiaritie with it. What fruitfull know_ledge have you gotten in the mysterie of Do_ctrinall and Practicall Godlinesse. They who know the Grace of God in Truth, will bring forth fruit, Colossians 1. vers. 6. Doth the Truth of your Religion appeare in your relations, in the uniformitie of a Gospell conversation? as Phil. 1. vers. 27. Aske your hearts, whether in all your undertakings you move upon Religious grounds, and for Religious ends. God doth not onely number, but weigh our actions, and observes not onely what is done, but why it is done. The word of Truth must be our judge; there_fore now let it be our Counsellor. It is Philpots Glosse upon Iohn 12. vers. 48. (The word that I have spoken shall judge him in the last day) if the word shall judge us, then much more ought it to be judge of our doings now.

2. Quere. Concerning your Families. Have you set up Truth in your owne families? It is most odious for a Minister of Christ to flat_ter, to dawbe with untempered morter at any time; but most abominable upon a Day of Hu_miliation. You reckon your house, your little Common-wealth; by what law is it governed? Doth the word of Truth, the Scepter of righ_teousnesse beare sway there? Whence then so much licentiousnesse tolerated in the servants? so much dissolutenesse in the children? so much oppression, tyranny, and (too often) other wickednesse in your selves, and such distem_pers in family relations? Psal. 101. vers. 2. Da_vid would walke in his house with a perfect heart. Such as served him, he would either finde them, or make them Gods servants. You would have others thinke your houses are Churches. What thy house a Church to God, and thou a covetous idolater? Ephes. 5.5. Thy house a Church to God, and thou an uncleane sonne of Belial? What concord hath Christ with Belial? what agreement hath the Tem_ple of God with idols? 2 Cor. 6.15,16. The argument is as strong for Magistrates as for Ministers, 1 Tim. 3.5. If a man know not how to rule his owne house, how shall hee take care of the Church of God? How can you be good Reformers both of State and Church, unlesse you be first Reformers of your selves, and your owne Families? Light is a great advantage to an house, especially the light of Truth. The Father of Lights, is not pleased to dwell in a darke habitation, such a corner is fit_ter for Satan, the Prince of darknesse. Delicata res est spiritus Dei. It was a very honourable report, which Melancthon gi_veth of Prince Anhalt, Cubiculum ejus erat, Aca_demia, curia, Templum; His Bed-chamber was an Academie, a Court, a Temple. The Lord gives you a share in this honour. Let not your Chambers be Academies onely, for the advance_ment of learning; or Courts, for the daily dis_patch of publique affaires; but Temples for the worship of God, and calling upon his name. Give the people not onely Rules, but examples of Reformation. Let Religion be first advanc_ed in you, it will the sooner bee setled by you.

3. Qu�re. Concerning the publique. Have you imployed and improved your pub_lique interests to help forward the trade of Truth, to promote Religion in the Libertie, Puritie, and Power of it? Never was any Parliament the sonne of so many prayers and teares. Never had any a larger share in that blessing of the Lord upon Ioseph, Deut. 33. vers. 16. feeling the good will of Him that dwelt in the bush, so often burn_ing, yet not consumed. What reciprocall reall love have you expressed unto God, and the Cause of his Truth.

When Moses proposed that question, Exod. 32. vers. 26. Who is on the Lords side? The sons of Levi gathered themselves together, vers. 27. and by their zeale, obtained a blessing in Moses his Catalogue, when their brother Simeon was left out, Deut. 33. vers. 9. We live in shedding, dis_criminating times, it is a frequent question, quarum partium? On what side are you? If this be the question, who is on Truths side, what eccho, what answer will you returne, oh you great Counsellors? Suppose this day, God and thy Conscience held a Closet Committee, the Lord saith, I have put such a rich price into thy hand; I have betrusted thee with an influence in the Grand Affaires of the Church? what saith Conscience? What hast thou done? what wilt thou doe, by speaking, voting, by hand, heart, purse, for the Truth? Davids question is most season_able, 1 Chron. 29. vers. 5. Who is willing to conse_crate his service this day unto the Lord? Oh that you might returne the same pious answer, with the chiefe of the Fathers, and Princes of the Tribes; who all offered willingly, vers. 6. Could you finde this fruit upon your Self-examina_tion, Doubtlesse though you may serve this day in sorrow (as you ought to doe upon a Soul_afflicting day (in sighes, in groanes, in teares) yet you shall reape in joy.

Use 2. Exhortation. To engage and quicken your utmost endeavours for the happy purchase of truth.

You may please to looke upon your selves (Ho_nourable and Beloved) in a double capacity.

First, as Merchants, trading for your owne ever_lasting good.

Then as Publique Factors, betrusted with the best good of many hundred thousands.

Three Requi_sites in a Factor. In a Merchant or Factor there are some speciall Requisites, 1. Wisdome. 2. Activity. 3. Resolution.

1 Requisite, Wisdome. First, Wisedome, to discerne both the Commodi_ties themselves, and opportunities of trading.

1. The first use of Wisdome is to discerne the Com_modities themselves. Religion must not be taken upon trust. Faith is Gods way to save us, credulity the devils method to undoe us. 1 Thess. 5.21. Try all things, hold fast that which is good. And by sound knowledge possesse your selves most carefully of such truthes, as are most necessary. Those that are Fundamentalia in fide, or in Praxi, buy them at any rate, but sell them at no rate. There are Magnalia, and minutula legis. It will argue much hypocrisie to be substantiall in circum_stantiall truthes, and circumstantiall in the substantials of Faith and Repentance. Maximis dissi_diis non sunt minores ist� redimend� ve_ritates. Acon_tius de St. Sat. Let us wisely proportion our zeale, according to the nature of truths themselves. This Counsell Paul giveth his Titus. Matters of consequence, he must affirme constantly, but, avoid needlesse questions, Tit. 3.8.

It were a seasonable improvement of your Wise_dome and Power, to hinder the Devils or Popes Chapmen, from opening their packes of adulterate wares, and to put an high value upon such precious parcels of Truth, as have a great influence both into Doctrinall and practicall Religion. Give me leave here in the behalfe of Truth, to suggest some briefe hints.

1. First, Put in caveats against Arminian errours, which doe so extenuate originall sinne, and magni_fie the power of nature, that they feed our heredita_ry disease of pride, and eclipse the glory of Gods grace. Oh trade for the doctrine of free grace. Maintaine the King of Heavens Prerogative. In the spirituall building, grace laid the first foundation, in Gods free, eternall purpose. Grace erecteth the wals, yea and addeth the top-stone. Eternity will be little e_nough to admire, to adore, to cry grace, grace; Therefore carefully possesse your selves of this truth against the enemies of grace. 2. Secondly, Minde the promoting of those Truthes which justifie The purity of Divine Worship, according to Gods owne will, against Popish and superstiti_ous innovators. There is a bewitching pompe in the outside of popery, which intangleth some. Ancient Writers used many wanton Metaphors, and such a liberty of expression, before the mystery of iniqui_ty was discovered, which deluded others. There is a disposition in all corrupt natures, no lesse to spiri_tuall then bodily fornication. Vindicate therefore the second Commandement, which Papists have expunged, and others so much clouded. Where God hath professed himselfe jealous, let us be zea_lous, of trading for such Truthes. 3. Thirdly, Put a value upon such Truthes as disco_ver the dangerous errours of Socinianisme, which is no better then a Complication of many antient heresies, condemned by ancient Councels. A Doctrine that undermineth the merit and satisfaction of our Savi_ours death; that will scarce allow faith to swimme, where reason cannot wade; that will so farre bring downe Religion to reason, that we must beleeve lit_tle more in Divinity, then we can see in reason. Ar_minianisme gratifieth the pride of will; Popery the pride of outward sense, and Socinianisme the pride of carnall reason. 4. Fourthly, Let Truthes for the sanctification of the Lords day, be pretious truthes. Gods institution of that day, bringeth with it a speciall Character of holinesse, and an influence of a peculiar blessing, God hath sanctifyed and blessed it. Exod. 20.11. Yea, in the primi_tive times it was a badge of Christianity. When the question was propounded, Servasti Dominicum? Hast thou kept the Lords day? The answer was, Chri_stianus sum, intermittere non possum; I am a Christian, I cannot neglect it. There was no little danger in the Anti-sabbatarian doctrine; seeing upon the Gods owne day, we professe publiquely our communion with God in his Ordinances. Then we expect to enjoy the richest influence from him. And if men could dispute away our Christian Sabbath, we should soone lose the vigour of our practicall Religion. Ezek. 20.12. God ha_ving made it holy by Institution, by Ordination, let us keepe it holy by Observation.

2. The second use of Wisdome in Factors, is to know and consider their opportunities. Opportunitas est maximum talentum. Ephes. 5.15,16 See that ye walke circumspectly, not as fooles but as wise, redeeming the time. Hierusalem in this was, as unwise, as unhappy, that she knew not the day of her visitation, Luk. 19.41,42. Who did expect such nutus providenti�, hints of divine providence, as God hath afforded to unworthy England in these two last yeares, to repossesse her of that Truth which many thought departing? The Philistins had almost taken our Arke. Our friends, our enemies, our selves, our owne guiltinesse passed a sentence of death upon us. We discovered so many leakes in ships of Church and State, as if both were sinking. The tempest was great, our Saviour seemed to be asleepe, our onely refuge was to cry, Lord save us, we perish, Mat. 8.25. The sword hath rid circuit for above twenty yeares in Germany; many Candlestickes of Truth thence removed; that Paradise almost turned into a Wildernesse. Poore Ireland is in danger to lose that Religion they had, with their estates and lives, Preachers hanged, Professors murdered, Bibles burnt, and all with prodigious cruelty and blasphe_my, &c. Yet sinfull England, like Gideons fleece, dry in comparison , when others steeped in their owne blood. Judg. 6.40. Observe, I beseech you, like wise Factors, the seasons to trade for the setling true Religion. It is true, we are now full of sad distractions; blacke and bloody clouds beginne to gather; yet, may not Faith (through them) spy out the Sunne of righte_ousnesse shining graciously upon unworthy England? As Hag. 2.7. I will shake all Nations, and the desire of all Nations shall come; and I will fill this House with glory, saith the Lord of Hosts. Historians report, that about the yeare 1517. when Leo the tenth was making some thirty Cardinals, there was such a ter_rible tempest in the Church, that shaked the Babe out of the Virgin Maries armes, and the Keyes out of Saint Peters hand, which they interpreted as o_minous, and indeed so it proved; shortly after Lu_ther arose, who so much battered the Popes power. The sword is already shaken out of our great Church-mens hand, by Parliamentall power, the keyes doe not hang so fast under their girdle, as they did, &c. We dare not but hope, these are enga_ging providences of God, earnest-pennies of some great payment yet behinde. Oh therefore know, and redeeme your Opportunities to Trade for Truth.

2 Requisite, Activity. Activity, to pursue occasions, and follow all ad_vantages. If you would be fully possessed of the knowledge of the Truth; you must seeke for her as for Silver, and search for her as for hid Treasure, Prov. 2.4. By a most unwearyed industry, search every Mine. Plato calleth Merchants, Planets, that wan_der from City to City. You will never trade for Truth in good earnest, till you expresse an inquisi_tive, active disposition, in the cause of Religion, knocking at every doore, plying every Market, where you may purchase any acquaintance with the Truth.

First, Goe not onely to the shop of Nature, or the Schoole of Philosophy. The candle which Nature affordeth us, is good; but it will be burnt out before we come to our journeyes end. Philosophy may seeke Truth, Theology findeth it, Religion doth possesse it. Philosophy is not the field wherein the pearle of Truth lyeth, but rather a hedge and ditch about the field, to defend it, from the invasion of subtill Disputants. Veritatem Phi_losophia qu�rit, Theologia inve_nit, Religio possidet. P. Mirand.

Secondly, neither must we seeke Truth, onely in the decrees of Councells, in the Traditions and te_stimonies of the Church. Clem. Alexand. Licet Christus post cœnam in_stituerit & suis Discipulis ad_ministraverit sub utraque spe_cie panis et vini hoc venerabile Sacramentum; tamen hoc non obstante Sacro_rum canonum autoritas, & ap_probata consue_tudo Ecclesi� servavit & ser_vat. Caranza sum. Concil. Sess. 13. Councells are like Rivers of water, very profitable, so long as they hold them_selves within the compasse of the banckes, but if they swell and overflow (as too often they have done) they prove very hurtfull to the field of the Church, even to Truth it selfe. The Councell of Con_stance commeth in with a non obstante against Christs institution, with-holding the Cup from the Sacra_ment.

Our Faith and Truth was at first delivered to the Saints, Jude ver. 3. And we hold it still per Ecclesiam, though not propter Ecclesiam; by the Ministery of the Church, though not for the Authority of the Church, John 4.42. Autoritas Ec_clesi� est auto_ritas muneris, non jurisdicti_onis. Camer. All they who are genuine chil_dren of the Church, not onely by the Mothers side, but by the Fathers also, will not onely beleeve as the Church beleeveth, but as their Heavenly Fa_ther teacheth them, and because he teacheth them.

Thirdly, But in searching out for the Truth, goe to Christ himselfe, who is Truth it selfe, John 14.6. Jesus saith unto him, I am the Way, the Truth, and the Life. Ego sum vita, qu� ad verita_tem duco; ego sum veritas, qu� vitam promitto; ego sum vita, quam do. Ber_nard. Attend upon Christ in the use of his Word, which is a Word of Truth, Prov. 8.34. Blessed is the man that heareth me, watching daily at my gates, Waiting at the posts of my doores.

If ever God ripen your Councells about a Synod, we hope to receive the same direction from you, that Constantine the Great gave the Councell of Nice. Tōn zētēmenōn lysin ek tōn theopnousōn logōn Take the Resolutions of things in question, out of Divine_ly inspired writings. Doe not onely bid us enquire what Reformation was in our Josiahs time, King Edward the sixth; nor what in our Deborahs dayes, Queene Elizabeths, (though we must for ever blesse God for the light that appeared in those times) Doe not onely put us upon inquiry what Ignatius said, or what Cyprian did; they must be very wise Children who know their Fathers faces and wri_tings, after so many of their adversaries scratches. Rather bid us give you an account, what Luke hold_eth forth in his story of the Acts of the Apostles, what Paul intimates in his Epistles, that so divine Truth may triumph, and we enjoy a Scripture Re_formation. In divine things we may attribute some_what to antiquity, yet in matters that concerne Church pompe, and Church power, we must be jealous how we trust the Ancient Fathers, because (good men) they saw the mystery of iniquity but darkely, and at a distance, which wrought strongly, not one_ly in corrupting Doctrine with errours, but Divine Worship with Ceremonies and Church Government with tyrannicall usurpations. Then, and then onely, is Truth like to triumph in Church-Assemblies, when Gods Word is there advanced. Cyrill saith, in a Synod at Ephesus, upon a high Throne in the Temple, there lay, Sanctum Evangelium, the holy Gospell, to shew that Christ was both present and president there.

3 Requisite, Resolution. Resolution, to backe a publique Factors wise Acti_vity. This would make you willing to grapple with difficulties, to expose your selves to troubles and hazzards, and to be at any cost and charges, that you may possesse your selves and the Kingdome of the true Religion.

Poore England hath long beene in a travelling condition, felt many bitter pangs, findeth now twins in her wombe, Jacobs and Esaus, wrastling for the birth-right, high contestations betwixt Eliah and Baalls Priests; now it is a day of trouble and astonish_ment: 2 Chron. 29.8. Great things are come to the birth, onely there wanteth strength to bring forth. What will you resolve to lay out to possesse this dis-joynted Kingdome of the Truth? Imagine the casting of the ballance, the composing of all Church difference depended upon thee alone, what wouldest thou con_tribute to purchase Truth? Nazianzen put this price upon his Athenian learning (wherein he was very fa_mous) that he had something of value to part with_all for Christ; Oh that you could say the same of your Honours and Estates, reckoning this the good_nesse of all your good things, that you are enabled to doe good with them in the cause of Christ and his Truth. It was Heroicall zeale in Basill, who for his constant and bold defending of the Truth against the Arian heresie, being threatned death by Valens the Emperour, answered, eithe genoito moi, Oh that I might dye for the truth!

I beseech you (Noble Worthies) by the many Petitions you have had from men, by the solemne Protestations you have made to God, by his wonderworking Providence about you, and by the depen_dance of the Protestant cause abroad hath upon you, stirre up your Resolution in the behalfe of Truth. Would you have the name of this Parliament em_balmed with everlasting perfume? Improve your power for the true Religion. Justifie our Magna Charta, the grand Charter of Scripture truthes, that doth entitle us to Salvation. Confirme unto us our Petition of Right, establish upon Pastors and Chur_ches, so much interest in the power and use of the Keyes, as the Word of Truth doth allow them. Maintaine amongst us a free course of trading for eternall happinesse, set and keepe open those shops, such Pulpits, such mouthes, as any Prelaticall usur_pations have, or would have, shut up. Secure to us not onely liberty of person and estate, but also li_berty of Conscience from Church tyranny, that we be not pinched with ensnaring oathes, clogged with multiplyed subscriptions, or needlesse impositions, which will rather increase then compose distractions. Together with Priviledges of Parliament, let us have Church-priviledges vindicated, helpe us to purge out that old leaven, whether of Doctrine, of Disposition, or Persons, that we may have Sacraments, more purely administred, according to the rule of Truth; let us be sure of this Militia, inviolably setled, the sword of the Spirit, which is the Word of God, Ephes. 6.17. Guard that Magazine, wherein are laid up the weapons of our warfare, that are mighty through God, to the pulling downe of strong holds, 2 Cor. 10.4. So shall we be put into a good posture for Refor_mation.

Act undaunted resolution, in the prosecution of these religious Designes, then may you confidently ex_pect Christs glorious and gracious presence amongst you. Luther would assure you thereof, Where the Word of Christ doth raigne, saith he, there are the eyes of Christ fixed on the holy Professors of Truth, but where the Word of man reigneth, although there were as many Popes, as there be leaves in the wood, and as many Car_dinals, as graines of Corne, &c. Iu her. de abrog. miss. privat. As many Bishops, as drops of water in the Sea, and all of them glittering in Gold and Jewels, Gemmati, purpurati, mulati, & asi_nati, to maintaine their owne Lawes, yet are Christs eyes turned away from them.

2 Proposition. Truth, though it must be bought, yet it may not be sold.

The Wisedome of Scripture directs us to severall purchases, Isai. 55.1. Every thirsty soule is invited to Come and buy Waters, Wine, and Milke; Seeke to Christ upon his termes, for variety of sweet Soule_mercies; Rev. 3.18. We are counselled to buy of Christ, Gold tryed in the fire, the pure graces of Gods Spirit, and the purity of Ordinances; Ephes. 5.16. We must be redeeming the time, not only taking opportunities of doing and receiving good when they are offered, and seeking them when they are wanting, but buying them at any price. And in_deed Christians should be Chapmen to buy, rather then Salesmen to sell. We are commanded to buy, that we may possesse, the end of this possession is use; what Spirituall commodities we have purchased, we must Improve for God and our Soules, but not ali_enate them from our selves.

Three sorts of Hucksters. There are three sorts of Hucksters will be ready to engrosse the Truth from you, if you be willing to sell it.

1. Sort of hucksters of Truth. Malignant persecutors, are engrossing Huckesters, who watch to interrupt the liberty of the Truth. These, even as Jannes and Jambres withstood Mo_ses, resist the Truth, men of corrupt mindes, Reprobates concerning the Faith, 2 Tim. 3.8. And indeed, there_fore resist the Truth, because their mindes are so corrupt. Qui atopa fa_ciunt, qu� mi_nime conveni_unt. Pisc. Such the Apostle cals atopoi, absurd men, 2 Thess. 3.2. Men compact of meere incongruities, sol�cising in opinion, speeches, actions, and whole life; yea unreasonable men, For all men have not Faith, ver. 2. Religion is the highest Reason, nothing more irrationall than irreligion. From such spirits arose those conspiracies against the Apostle, endevouring to scotch the Charriot-wheeles of Truth, when they began first to move. Acts 4. & 5. ch. No sooner did Steven plead for Truth, but some were suborned against him, Act. 6.11. No sooner did Saul beginne to Preach the Truth, but opposers began to consult to kill him, Act. 9.23. Though not long before he had beene a busie Apparitor and Pursevant, to Arrest the Saints, and dragge them to their High-Commission, Act. 9.1. [A strange and suddaine change in them, as well as in him.] Origen saith of the Devils; No greater torment to them, then to see men addicted to the Scrip_tures. Origen. Num. hom. 27. in hoc eorum omnis flamma est, in hoc uruntur in_cendio. The same temper of spirit appeares in the devils agents upon the killing of the witnesses, Rev. 11.10. They that dwelt upon the earth shall rejoyce o_ver them, and make merry, and shall send gifts one to another, because these two Prophets tormented them that dwell on the earth; And therefore they will ad_venture peace of Conscience, and hope of Heaven, yea, the whole stocke upon it, that they may buy up Truth out of the Churches hands; and some_times malice rises to such a height, that even in England the Bible must be burnt, as strange Doctrine. Tanquan Do_ctrina peregri_na.

2. Sort of Hucksters of Truth. Seducing Heretickes, whose endevour is to corrupt the purity of Truth. The great Apostacy from the Faith, 1 Tim. 4.1. is brought about by giving heed to seducing spirits. The Pope hath many Emissaries abroad, who joyne with the Devill, studying a me_thod of Soule-deceiving, and Truth-betraying. Compare Ephe. 4.14. methodeian tēs planēs, with Ephes. 6.11. methodeias tou diabolou, you shall find the devill and de_ceivers artificially methodizing their snares to draw us from the Truth, 2 Pet. 2.1. False teachers have alwayes practised to bring in damnable heresies. The beginning of grosse errours may be modest; yea, the foulest Heresies may at first appeare with faire faces. The Serpent creepes into the Paradise of the Church by degrees: as 2 Cor. 11.3. his plot is to corrupt peoples mindes, From the simplicity that is in Christ; First, he will puzzle them with a question, as he did Eve, put a command of God, a knowne Truth to be disputed, then helpe them to mint some distinctions, (which are not alwayes so happy in Divinity as in Philosophy) thereby to relieve and helpe in an errour.

And here it may be observed, though these men have the same designe with malignant persecutors, to engrosse the Truth, yet cunningly they will buy it up by parcels, that they may be the lesse discern_ed. They will trade first in names, then in things, first habituate us to call our Ministers Priests, our Com_munion Tables, Altars, before they impose supersti_tious gestures. This was the Rhemists straine of po_licy. Rhem. Test. Let us keepe our old words, and wee shall easily keepe our old Faith. 1 Tim. 6.20.

This graduall Huckstering up the purity of truth, is most cleare in Image worship. At first, Images and pictures of Saints were used in private, for Me_mory, History, or Ornament onely; Afterwards with like colour of pretence brought into the Church in Gregories dayes, yet with expresse prohibition of worshipping them; Afterward the second Synod of Nice enjoynes it, though more modestly, and re_spectively onely in regard of that which they represent; But since the councell of Trent, it's risen to grosse I_dolatry. Bellarm. de Imag. Sanct. l. 2. c. 21.

3 Sort of Hucksters of Truth. Neutrall Politicians, who will be buying Truth out of our hands, by formalizing and enervating the power of it, till at last they leave us an heartlesse and saplesse Religion. Among the Lawes of Solon, there was one which thundred against such, who in a civill uproare amongst the Citizens, sit still as neu_trall spectators. Plut. in vita Solon. It were happy for the Church, if there were a more strict course taken against all luke_warme Machivillians, who by their neutrality un_dermine Religion; of this straine was Jeroboam, that grand Politician, who created to himselfe a State Religion; out of Love to his Crowne, he set up gol_den Calves; he hindred the people from going to worship God at Jerusalem, lest they should turne againe unto their Lord, unto Rehoboam King of Ju_dah. 1 Kings 12.27,28. Worldly wise men, as they are time-servers, so they are selfe-servers, and whatsoever become of Christ and his truth, selfe shall be advanced into the Throne; such mens heads over-match their hearts, their policy out-runneth their Religion; when the glory of Christ and his Gospell come in competition with their selfe ends, selfe shall first be grati_fyed; most unlike to Paul, who Phil. 1.20. kata tēn apokaradokian, stood as it were on tip-to, looking ear_nestly after the magnifying of Christ, what-ever be_came of himselfe, Whether in his life, or in his death.

I may produce three Reasons to fortify you against selling Truth to any Hucksters.

1. Reason. Truth is in it selfe a precious Jewell, of most in_comparable worth, gained into the possession of the Churches, not without much difficulty; and there_fore cannot without great disparagement to its ex_cellency, and to the zeale of others, be alienated and chaffered away.

Gospell Truth at first cost the blood of Christ, then watered with the blood of many Martyrs, which made it throng up so plentifully. It is ob_serveable, the Church hath beene seldome fully pos_sessed of any Grand Truth, without much debate, without some bloody sufferings. Nil tam certum quam quod post dubium certum. How deare did it cost Athanasius to justifie the Divinity of Christ, a_gainst the Arians? and shall we suffer any of that kindred to buy it againe out of our hands! How couragiously did Augustine rescue the Doctrine of Grace, from the Pelagians hands, whom he cals the Enemies of Grace? and shall we suffer it to be betray_ed to their Brethren the Arminians!

How farre did Luther hazzard himselfe, to ad_vance Justification by Faith in Christ? It is a grosse shame that sweete Truth should be lost in the lan_guage of any Innovators, who will have workes to concurre in eodem genere caus�, to share equally with Faith in the very act of justifying.

Many of our ancient Worthies, like Wisedomes Children, Matth. 11.19. set themselves to justifie Wisedome; they have endevoured with much sweat, and many teares, yea, with their dearest lives, to set_tle the Churches Land-markes by evidence of Scripture Arguments, and to bound the Truth by Decrees of Councels; we must not prodigally dispossesse our selves of such a Treasure.

We reape the fruite of our Reformers zeale, who bestirred themselves so much against Popish Altars, and other Church usurpations for the purging of Religion in England.

God forbid, that we should sell for trifles, what they possessed us of with so much difficulty. It con_cernes us rather to concurre with them, yea, to pro_mote their beginnings with all our might, that we may have such Churches, such Officers, such electi_on and ordination, such jurisdiction, such exercise of Church power, and all such administrations as are most agreeable to the Truth.

2 Reason.

Truth is the Churches Talent, committed to her trust, and therefore must not be sold. Rom. 3.2. Trust being a strong obligation to fidelity. Upon this ground the Apostle, Jude vers. 3. Exhorts Christains to Con_tend earnestly for the Faith, once delivered to the Saints. You must never expect another edition of the Faith, (God reserved that solemne change from Jewish to Evangelicall worship, for the Inauguration of his Sonne) zealously strive for this Faith you have, a_gainst all opposition. In that knowne place, so much abused by Papists, 1 Tim. 3.15. The Church of E_phesus (this cannot be appropriated to the Church of Rome) is the pillar and ground of Truth. Stylos not sensu archi_tectonico but forensi. Not a pillar to uphold, but to hold forth Truth, not so much themelion as hedraiōma, the seate of Truth; every pure Church being a depository of Truth, where it is to be found, as the candle in the Candlesticke. All the sonnes of Wisedome have a share in that of Paul to Timothy, 1 Tim. 6.20. O Timothy keepe that which is committed to thy Trust.

This made the primitive Worthies so conscienti_ously zealous in the cause of Truth; and that not onely of many Truthes, but even of formes of spee_ches, of syllables, yea of Letters. The difference betwixt the Councell of Nice and Arius, was but in a Letter, whether homoiousios or homoousios. The contro_versie whereupon the Greeke and Latine Churches broke, touching the proceeding of the Holy Ghost, depended upon two prepositions, ek and dia. The monstrous heresie of Nestorius lay but in one poore letter, theodochos for theotokos, when he would not gratifie the Church therein, as Cyrill desired him, many Bi_shops rose up against him, so religious were they, that they would not exchange a letter, or syllable of the Faith, wherewith their Saviour had betrusted them.

3 Reason. Selling Truth opens a doore. Selling Truth is the worst, the most undoing Trade; it sets to sale both Gods glory, and your owne Salvation, being it opens a doore to both ex_treames in Religion, to Prophanenesse, and to Su_perstition.

1 To Pro_phanenesse. The Schoole of Christ is indeed a Schoole of af_fection, and of action, but first of knowledge; we must have science before we shall make conscience of our wayes. This makes the god of this world, the Devill, bestirre himselfe to blinde peoples mindes, Lest the Light of the glorious Gospell of Christ should shine into them: he well knew that darknesse of mind, betrayes us to workes of darkenesse. When men walke in the darke, They know not at what they stumble, Prov. 4.19. They will stum_ble at Christ himselfe, at the strictnesse and purity of his wayes, and soone plunge themselves into the grossest wickednesse.

In a Synod at London Anselme forbad Priests Marri_age in England, and in the next yeare were discovered a great company of Sodomites amongst them. Alfred. Annr. 1102. Such is the wofull fruit of selling Truth, which would be a spur, quickning to good, and a bridle restraining from e_vill. It is no wonder to find such treacherous pra_ctices amongst the Papists, their erroneous doctrines open the sluces unto them. Upon a sleight confessi_on of sinne, they may receive a cheape absolution, and thereby are emboldned to renue the commis_sion of it. That Taxa pœnitentiaria, amongst the Papists, that low rate which is put upon the greatest sinnes in the Popes Custome house; so contrary to the word of Truth, Rom. 6.23. The wages of sinne is Death, encourages people to the greatest prophan_esse.

2 To Supersti_tion. Ignorance of the Truth is a fruitefull mother and helpefull nurse, both to prophanesse of practice, and to superstition in devotion. See it at Athens, Act. 17.22,23. There they were fondly superstitious, where their Altar had this inscription, To the un_knowne God. Aquinas attributes the inchoation of I_dolatry it selfe, To the inordinacy of our affection, and our Ignorance of the true God. Whence came super_stition so much to swarme in the darke ages of the Church? because they neglected the word of Truth, and followed Traditions. Traditiones pontificorum sunt pandect� errorum et Su_perstitionum. Chemnit. Hence it is observed that Learning and Religion have falne and risen together. When the light of Truth hath beene ecclipsed, by the decay of learning; the heate of Religion hath much declined. The weedes of superstition, sponte nascuntur, will grow of their owne accord in darke corners; as having advantage of the soile, so much connaturallnesse to peoples corrupt hearts. The Popes Chaplaines need not take much pains to teach ignorant soules to be superstitious; If Orthodoxe Preachers of the Truth be but suspended, we shall soone have reason to complaine with that great man in the Councell of Lateran; Piety is almost sunke into Superstition.

1 Use of cau_tion. Beware of expressing any indulgence unto such, or holding any complyance with them that sell the Truth. The whole Tribe of Benjamin came to be extinguished, except about sixe hundred, onely for countenancing a few sonnes of Beliall in Gibeah, who had abused a Levites Wife, Judg. 19. and 20. chap. Christ was angry with some of the Churches, not onely for being active in evill, but passive of evill, Rev. 2.14.20. The Wisedome of this great Councell hath beene inquisitive after monopolists, or any that encroach upon the Common-wealth. Give me leave to discover an unhappy Church-confederacy, whereby Truth hath beene shamefully sold in many places.

4 Sorts accessa_ry to the sell_ing of Truth. There are foure sorts of persons, herein deepely engaged.

1 Scandalous professors. First, Scandalous apostate Professors of the Truth, who alienate the Truth from themselves, and alie_nate the mindes of others from the Truth. They make the word of God blasphemed, Tit. 3.5. Such are described with blacke Characters by Jude verse 12,13. There are spots in your feasts of Charity, when they feast with you, feeding themselves without feare; clouds they are without water, carryed about of windes; trees whose fruite withereth, without fruite, twice dead, plucked up by the rootes; Raging waves of the Sea, fo_ming out their owne shame, wandring starres, to whom is reserved the blacknesse of darkenesse for ever. They are employed in evill workes, and they receive an_swerable wages. What unhappy markets such car_nall Gospellers make for the Truth, you may read in many stories; amongst the rest, an American No_ble-man, being perswaded to embrace the Christian Religion, demanded, First, what place was or_dained for such as were Baptized? Answer was made, Heaven, and its joyes. Secondly, what place for them who were not Baptized; Answer was re_turned, Hell, and its torments. Thirdly, which of these places was allotted for the Spanyards, it was answered Heaven; whereupon he renounced his in_tended Baptisme, protesting he would rather goe to Hell with the unbaptized, then be in Heaven with the Spaniards. Many fall out implacably with the Truth, because they finde many professors such un_savory salt.

2 Ignorant and vitious Mini_sters. Secondly, Ignorant and vicious Ministers. Some even idoll Priests, like the Idols of the heathen, The worke of mens hands, they have mouthes but they speake not; eyes have they but they see not; they have eares but they heare not, neither is there any breath in their mouthes; they that make them are like unto them, so is every one that trusteth in them, Psalm. 135.15,16,17,18. And indeed it is too often true, like Priest, like People, Ier. 5.31. Such a creature is not to be found in Christs catalogue, who gave some Apostles, Pro_phets, Evangelists, Pastors, Teachers. No Prince ever sent dumbe Embassadors. Ephe. 4.11. Bernard. Bernard reckoneth up these foure as strange things, Speculator c�cus, pr�_cursor claudus, pr�co mutus, doctor inscius; a blinde Watchmen, a lame Harbinger, a dumbe Cryer, an ignorant Teacher; And indeed a Minister of a vi_cious life, though not grossely ignorant, is as dan_gerous an enemy to true Religion, if not sometimes worse, as not barely with-holding, but corrupting and perverting Truth, like Elymas the Sorcerer, Act. 13.10. Yea like Eli his Sonnes, 1 Sam. 2.17. who made the Offerings of the Lord to be abhorred; their ungodly lives are often such confutations of their owne and other mens Sermons, that many thereby are hardned against the Truth, Ezek. 9.6. the de_stroying Angell was to beginne at the Sanctuary, and there, too often, beginnes prophanenesse. There hath beene long expectation, as there is indeed great need, of a Parliament visitation; to finde out those Chapmen, who will sell Gods Truth, peoples soules, Church-purity with State-liberty, for the satisfacti_on of their lusts.

3 Prelates sup_porting Igno_rant & vitious Ministers. Thirdly, Such Prelates as ordaine or support these ignorant and vicious Ministers, I appeale to you, what grosse betrayers of Truth they are. How hap_py had it beene for the Church in England, if they who pretend to succeed Timothy, had walked by that rule which Paul commended to him, 1 Tim. 5.22. Lay hands suddenly on no man? but alas! many are aposcopi, rather then Episcopi, as Espenc�as, by-seers, rather then over-seers; hence such swarmes in the Church of backe-friends unto truth.

Field. on chap, l. 5. c. 29. If you enquire when so many grosse deformities crept into the Church, Damasus will tell you; even then when the Bishops put over the care and perfor_mance of Church affaires to others, that they might take their owne ease; like Harlots that put out their owne children to be nursed by others, that them_selves in the meane time might satisfie their lusts; by such remissenesse Truth was much smothered, with a multitude of weedes, that overgrew the Church.

2 Selfe-seeking Patrons. Fourthly, Selfe-seeking Patrons are many times deepely accessary to the betraying of Truth, in presenting most unworthy Ministers. The Lord know_eth how many are so farre from considering the concurring consent of judicious Christians (which was much valued in primitive times) that they neg_lect their trust for the good of others, and their own soules. Plebs ispa maxime habet potestatem, vel eligendi dignos Sacerdotes, vel recusandi indig_nos: quod & ip_sum videmus de divina autori_tate descendere. Cyp. ep. 63 They will obtrude, too often, one of Je_roboams Priests, one of the lowest of the people, 1 Kings 13.33. They would not chuse a Cooke to dresse their meate, that were like to poyson them: nor a Physitian (though a Kinsman) which would pro_bably kill them; but, too often, preferre a dawbing Chaplaine, that will comply with their covetous, or licentious humour, though in the meane time the people be betrayed, and the Truth be sold. Will you please to consider what a sad meeting this un_happy fraternity will have at the day of Judgment, if still they persist in truth-betraying. Scandalous pro_fessors, will curse their wicked Ministers, whose ex_amples poysoned them. Wicked Ministers, will cry woe, woe upon such Prelates, who were indul_gent to their unworthinesse; and doubtlesse the Prelates will be as ready to complaine of many Pa_trons, who first made the living scandalous by with_holding maintenance, and then by importunity thrust a scandalous Minister upon them.

Oh let it now appeare, that you will not suffer Religion to be betrayed by the least indulgence to any of these evils. Consider what Sigismond the Emperour said in the Councell of Constance, where the Councell pretended to make a Reformation; one stood up and said the Reformation must beginne at the Fryer Minorites; No, said the Emperour, Non � Minoritis, sed � Majoritis incipiendum est, Let Refor_mation reach Patron, and Prelate, as well as Minister and People.

If you would discourage scandalous livers, sup_presse scandalous Ministers; if you would prevent a succession of them, regulate the power of the keyes, tooke to ordination and jurisdiction: though your Bill against scandalous Ministers were ripened and executed, yet if the doore of admission in_to the Church, continue as large as now it is, the next age will swarme againe with the like Drones. And for the Truthes sake, that you may silence all clamours, as if Reformation would discourage lear_ning, and undoe the Church, make good your owne Orders. For the support of an able Ministry; let Patrons and others deny themselves, to raise a suffi_cient and certaine maintenance, at least open a vent to others Pietie and Charity, who will concurre with you, to afford oyle for burning and shining lampes, by reviving the hopeful designe of the Feoffees, or what other wayes, your zealous wisdome shall suggest. A great Civilian telleth us how Church_maintenance came to be appropriated to the Cloysters of Monkes, and how such lands as they held, in sun_dry Parishes, were freed from the payment of tithes to the Ministers thereof; Sir Tho. Rid. View of Civill Law. part 3. c. 2. Sect. 3. namely, it sprang from this roote, they insinuated that Preaching was not so ne_cessary for the salvation of mens soules, as their Pray_ing, in their Religious Houses; Preaching, they said, breedeth Schisme, Disputes in Religion, &c. It lyeth as a blot upon them, That by their undervaluing Preaching, many Congregations were robbed of their Ministers maintenance, Let it be Your Honour, who have expressed such a high esteeme of Prea_ching, to endevour the re-endowing those places with such meanes, as may encourage faithfull witnesses unto the Truth.

2 Vse of dire_ction. To awaken Your compassionate affection towards many persons and places, where truth is chaffered a_way; Religion is a riddle, a paradox, yea, a reproach among them. We should appeare this day, as pub_lique mourners, laying to heart, not onely personall, but State evills, even Parliament sinnes. Is not this just matter of griefe, that in so many former Parlia_ments, the liberty, the purity, and the power of Re_ligion hath beene so much neglected? Ancient Lawes have established Church pompe, Power, Dig_nity, and Revenues; these are twisted into the seve_rall Statutes, as if they would put in a politicke ca_veat against after alterations, without shaking the very Foundation, which is now one of the great ob_jections against Reformation. Yea, how much hath Truth suffered by the indulgence that Old Parlia_ment Lawes have expressed to Non-residency, Plu_ralities, and Insufficiency of Ministers. It hath beene enough if Legit ut Clericus; if he can say the Confessi_on in Latine, he must be betrusted with soules. Al_low something to the necessity of these darker times; yet now the very reason of such being altered, God forbid that truth should any longer be betrayed by an unwarrantable latitude. Oh pity your many thou_sands of expecting Petitioners, who have had many yeares of sad Sabbaths, and sit downe still in much sorrow, complaining for want of Truth. You may heare their groanings in the words of the Prophet Jeremiah, chap. 8.22. Is there no balm in Gilead? Is there no Physitian there? Why then is not the health of the daughter of my people recovered? What? cannot, will not, the Parliament heale us?

It was a strange and dolefull vision that Ezekiel had from God at Hierusalem, when he saw so many sinfull spectacles; an image of jealousy, Baals Idoll, Ezek. 8. v. 5. then, a company of grave ancient men, every one in the Chamber of his Imagery, Ezek. 8. ver. 11,12. the Jewish High-Commission, according to some, in those times deepely corrupted; poore Women weep_ing for Tammuz, ver. 14. weeping for the death Osiris, King of Egypt, and idolatrously adoring his image, which Isis his wife had advanced; Polan in locum. and wor_ships towards the Sunne, ver. 16. Would it please you in your serious thoughts, to runne over this Church, this Kingdome, you might see in many places such objects, that Your eyes would much affect your hearts. Though in all abominations, wee doe not runne parallell with Hierusalem, in Ezekiels Vi_sion, yet such wofull fruites of truth-selling, and truth-betraying, as may stirre up your affection, and awaken your Parliament actions.

1. First, Cast your compassionate eyes upon the Schooles of the Prophets, the Churches Nurseries. Doe not petitions informe you that divers have there chaffered away Truth for errors; were Whitaker and Reinolds then in vivis, doubtlesse they would blush to see Bellarmine and Arminius justified by many, ra_ther than confuted. If no Chambers of imagery be there, yet are there not some Chappels, polluted rather then adorned with Images, Altars, and Cruci_fixes. If no worshipping of the Sunne there, yet doe not too many pleade for, and practise, and ungroun_ded worshiping toward the East? It cannot be thought unnaturalnesse in a Sonne to represent the distempers of his Mother, to a Colledge of Physiti_ans especially when the experience of the deepe infection, which some of your beloved Sonnes got there, of the corruption of judgements, prophane_nesse and superstition of practise, which many of your Ministers brought thence, will witnesse the same, that Truth hath beene shamefully betrayed, by too many in the Universities.

Munster reporteth, That the Jewes were banished out of many Countryes of Christendome, principally for poysoning Springs and Fountaines. All Friends to Truth had need pray that God would either remove or heale such as have poysoned the Schooles of the Prophets, the Fountaines of the Land. Our hopes are that God will put upon you (Noble Senators) the spirit of Elisha, and helpe you to cast into those waters, such salt, that the Waters be healed, that there be not from thence any more barrennesse, or causing to miscarry, 2 King. 2.19,20. In Exod. 15. 23,24,25. when the people were come to Marah, They could not drinke the waters, for they were bitter, and murmured against Moses, saying, what shall we drinke? ver. 25. The Lord shewed him a tree, which when he had cast into the waters, the waters were made sweete, Plant, and up_hold wholesome Lectures, in the Pulpit, as well as in the Chaire, (A Service worthy of the Wisdome and Power of a Parliament.) Such Trees will sweeten the waters there, and drop such fruite, as will much promote the trade of Truth abroad. How many living stones, yea how many Builders did famous Perkins hew, by Preaching a Lecture in Cambridge? many Children and Fathers begotten by his Mini_stery in a few yeares, to the great advancement of the Truth.

Secondly, Behold with the same compassion, Ca_thedrall Churches, and the wofull effects of selling the Truth in too many of them; The strange Ve_stures and Gestures, Images, &c. in some of their Quires, intimating too much affinity with those Chambers of Imagery, in their abominations, menti_oned Ezek. 8.10, 11,12. Former Reformations left such nettles growing there, that have since unhappi_ly feeded many other Churches; yea, left so much dust, not onely behinde the doore, but even in the very Quire, as hath beene easily blowne about into many corners. They glory in being called the Mo_ther Churches, but they have too often proved Step_dames to their Daughters, engrossing the mainte_nance, that should provide the word of Truth for their Soules. What pity is it that Cathedrall Socie_ties, which might have beene Colledges of learned Presbyters, for the feeding and ruling City Chur_ches, and petty Academies, to prepare Pastours for neighbour places, should be so often Sanctuaries for non-residents, and be made Nurceries to many such Drones, who can neither Preach nor Pray, other_wise then reade, say, or sing their Prayers; and in the meane time Truth much obscured in a Non-edifying pompe of ceremonious service. Multitudine le_vissimarum se_remoniarum pe_ne est extincta pietas et vis spi_ritus Sancti. Gerson. It was a notable designe of those Bishops at Bononia, that gave Pope Julius the third this very Counsell, how to establish the Roman Religion; Let the people (say they) have pompous Prayers, Images, Tapers, Organs, and divers musicall instruments in their Temples; These are things with which the people are much delighted, and be_ing taken up with these, they almost forget that do_ctrine which is so destructive to us. H�c sunt quibus vulgus pr�ci_pue delectatur, et quorum gratia doctrinam illam qu� vobis exiti_alis est fere ob_livicitur. p. 4. Let your com_passion move you to counter-worke all such plots; as Church-deformers sought to corrupt Cities, and places of confluence; so let those that professe them_selves Church-Reformers, when the Harvest is grea_test, expresse the greatest care to send forth most faithfull Labourers for the Truth, Matth. 9.36,37. This were to resemble your Saviour.

3. Thirdly, Behold with weeping eyes the many hundreds of Congregations, in the Kingdome, where millions of Soules are like to perish for want of Vi_sion; Truth is sold from amongst them, either by Soule-betraying-non-residents, Soule-poysoning-innova_tors, or Soule-pining-dry-nurses. In too many places the very Image of jealousie, the Idoll of the Masse is set up, yea, the Comedy of the Masse acted, because there wanteth the light of Truth to discover the wicked_nesse and folly of it. Miss� Comœdia in P. Martyr.

Do not some of you that live on the Welch coasts, cry out with your Neighbours, Woe is me that I so_journe in Meseck, and that I dwell in the tents of Kedar, Psalm. 120.5. Doe not some of you inhabit the North parts, where you may complaine (in the word of Nicholas Clemang. pag. 15.) How many Priests came to their Benefices, not from the Schooles, and their study, but from the Ploughes, and servile Occupations, which could neither Reade, nor Under_stand Latine? Where in many miles, not a Minister that can orthotomein, and orthpodein Preach, and live, Ser_mons. I wish every Parliament-man had a map of the Soule-misery of the most of the Ten thousand Churches and Chappels in England; I hope it would draw forth your compassions, and stirre up your endevours to rescue Truth out of their hands, who would sell it, and set up the trade of Truth in poore darke Countries.

Had I the favour to preferre a Petition unto You in the name of Universities, Chiefe Cities, Country Congregations, yea, the whole Kingdome, and were sure of a propitious eare from you, I would summe up all in this clause, in this one breath: Improve Your Power to helpe forward the Word of Truth, that it may runne and be glorified. 2 Thes. 3.1. This would maintaine love and loyalty to our Soveraigne. Where hath he most hearty Prayers, but where Truth most prevailes? This would teach men to justifie the power, and com_ply with the Authority of Parliaments. Who have more undermined and maligned Parliaments, then such Ministers as first betrayed Truth? This is the way (if any) to reduce seduced Papists. Contra Pontifi_cies parum Le_gibus aut libris profici, quous_que firmum et i_doneum ministe_rium in ecclesi_is constitutum fuerit. Whitak. Humane Lawes will pinch their purses. Send divine Truth amongst them, that may satisfie their consciences. This is the most Soveraigne meanes to compose Church-differences. Why doe we contend? (saith Augustine) are we not Brethren? Our Father dyed not intestate, let his Will be publiquely produced, and all men will be quiet. This is the best way to make the Reformation thorow and lasting, because this would engage the peoples hearts. 2 Chron. 20.32,33. Je_hosaphat did that which was right in the sight of the Lord; Howbeit the high places were not taken away; for as yet the people had not prepared their hearts unto the God of their Fathers. Josiah, a good King, did much, yet because the peoples spirits were not wrought to concurre with him, the worke soone vanished, and Gods Judgements brake in upon them. Goe on, therefore (Honourable Worthies) improving your influence to prevent the selling of Truth.

1. First, Provide that every Congregation may have an able Trumpet of Truth. 2. Secondly, Especially let great Townes, places of confluence, have Lectures, Markets of Truth. 3. Thirdly, Afford any faithfull Paul and Barnabas incouragement, yea, Power, if Sergius Paulus de_sire to heare the Word of God, to goe and Preach, though Elymas the Sorcerer should be unwilling; Act. 13.7.8. such ambulatory exercises have brought both light and heate into darke and cold corners. 4. Fourthly, What if there were some Evangelicall, Itinerant Preachers, sent abroad upon a publique stocke to enlighten darke Countries? Thus might you reape glorious fruits of all your Counsels, teares, prayers, and paines, in seeing Dagon fall downe be_fore the Arke of truth.

3 Vse of De_hortation. I have endevoured, (though in much weaknesse) with words of Truth and sobernesse, to plead the cause of Truth. I must end as an importunate Sollicitor: O sell not the true Religion upon any termes. Much of my Rhetoricke to perswade you is within you. I speake to your selfe-love, as you are Men; to your conscience, as you are Christians; to your Wisedome, as you are States-men; to your Honours, as you are Noble: Be alwayes buying, but never selling the Truth. England hath had an happy taste of your zeale for Truth, and against the corrupters and betrayers of the true Religion. The Lord from Heaven hath ap_peared mightily for you, when you appeared much for him in the cause of Truth. God forbid that ever this Parliament should lose any of it's first love to Religion, and the Reformation of it, then may you expect to drinke of Solomons bitter cup, The Lord was angry with Solomon, because his heart was turned from the Lord God of Israel, which had appeared to him twice. God forbid that Rhehum the Chancellor and Shim_shai the Scribe, should outstrip Zerubbabel; That Tobiah and Sanballat, should outbid Nehemiah in any cause of God. 1 Kings. 11.9. Rather let the malignancy of ma_lignant opposers enflame your zeale for the Truth. O that we could now all close this day of humiliati_on, with the proper worke of the day, covenanting with our God, making it our sealing day; Nehem. 9. 38. At a solemne Fast, Princes, Priests and Levites, did make a sure covenant, write and seale unto it. Let us this Day, not onely give earnest, for the purcha_sing of Truth, by the fixed purposes of our hearts, but even give as it were hands and seales, that we will never sell the liberty, purity, or power, of Reli_gion upon any termes.

Will you please to these particulars?

First, That you will not sell Truth out of carnall feares; you have a good invitation to it, Rev. 21.7,8. ho nikōn he that is over-comming, not he that hath overcome, shall inherit all things, and I will be his God, and he shall be my sonne, But the fearefull and unbeleeving shall have their part in the lake that burneth with fire and brimstone. Read over the story of Francis Spira with trembling, who out of such feare betrayed the Truth. After he had gon to Venice to the Popes Legate, with whom, out of carnall feare, he complyed, craving pardon of him, and yeelding to recant that religi_on he had publickely professed; when he returned to his house, he could not rest an houre, no not a minute, nor feele any ease of his continuall anguish; from that night he was much terrifyed with horror, and as he con_fesseth, He sawe plainely before his eyes all the torments of hell and the damned; and in his soule did heare the fearefull sentence, being drawne before the Judgement seate of Christ. Hold fast the Truth, let faith triumph over feares. If Peter will deny and forsweare his Master, at best he must returne by weeping crosse: Matth. 26. 74.75. many are irrecoverably smitten with that Thunder_bolt from the Lord, Heb. 10.38. If any one draw backe, my soule shall have no pleasure in him.

Secondly, That you will not sell Truth for your own private advantages. It was a wretched carriage in Demetrius, and his fraternity, who out of love to their owne gaine, did combine and consult how they might undermine and betray the Truth. Act. 19.24,25. Sirs, ye know that by this craft we have our wealth; This made them so zealous for their Diana; and so fierce against the Gospell; If Truth doe prevaile, Diana must downe, and then farewell their profit. Resolve rather to re_semble Moses then Demetrius, who, Heb. 11.25. Chose rather to suffer affliction with the people of God, then enjoy the pleasures of sin for a season. His Faith did so rightly enforme his Judgement, that he counted the Reproaches of Christ, (which seem the bitterest thing in Christianity) greater riches then the treasures in Egypt, ver. 26. How much did he then preferre the Consolations, which come by Religion, before all worldly excellencies? Such a spirit was in Lu_ther, who when he was offered to be Cardinall, if he would be quiet, replyed, no, Not if I might be Pope. He had an holy scorne to be put off from his Religious designes, by such withering petty things.

Thirdly, Sell not Truth for politicke State ends.

When you come to settle Religion doe not deale onely like politicians, but like Christians. Worldly wisedome in the things of God is a rule too short, too crooked, too partiall, yea foolishnesse with God. 1 Cor. 3.19. Ie_roboam would play the politician in Religion, he sold the true worship of God for his State ends, and for ever inherits this as a blot upon his name, 1 King. 15.30. Because of the sins of Jeroboam which he sinned, and which he made Israel to sin, by his provocation wher_with he provoked the Lord God of Israel to anger. Most renowned was the zeale of King Edward the sixth for the Truth, when upon reasons of State he was pressed by Cranmer and Ridley, to give way to the Masse; he refused it with so much resolution, with so many teares, that they acknowledged he had more divinity in his little finger then both they. In things about meum & tuum, that concerne our owne interest, we may be more liberall, but in Church af_faires the word of truth must guide us. It is not in our power quicquam hic aliis dare, aut in aliorum gra_tiam deflectere; we may not therein gratify one another. Calv. Epist. prot. Angl.

Fourthly, Sell not the Truth for pretences of Church peace. I confesse the name of peace smels very sweete; and now especially (in the midst of such Church distra_ctions and such wantonnesse of opinions) were to be purchased at any rate, except with the losse of Truth; Eph. 4.3.13. It is a most lovely sight to see unity of peace imbrace unity of faith; to behold the household of faith, the family of love; O that we could all ob_serve the present breaches with the same affectons that Augustine did the differences betwixt Hierome and Ruffine. Hei mihi, qui vos alicubi simul invenire non possum. Aug. Ep. 15. Woe is me that I cannot find you both together, I would fall downe at your feete, with much love and many teares I would beseech you for your selves, and for one another, and for weake Christians for whom Christ dyed, that you suffer not these dissen_tions to spread, &c. 2 King. 17.33. But, in the meane time, we must not be such reconcilers, as to bring in a Samaritan Religion, an Interim, an uncomfortable mixture. We must not receive Babylonish inmates into the Lords House. Light and darkenesse, Truth and er_ror, will never long dwell quietly together.

Fifthly, Sell not Truth for the pompe of humane Ce_remonies. Admit that Ceremonies were first let into the Church, with the faire intention of the guiders and leaders; and entertayned by the credulity of well-meaning people, before the mystery of iniqui_ty was much knowne; yet since, being so superstiti_ously abused by the Pope and his party, and so rigid_ly pressed, for the upholding the pompe of Prelacy, with no small disadvantage to the Truth; let us part with them, rather then sell any sparke of Truth for them.

Never say they are ancient. Jesus Christ is my anti_quity, saith Ignatius. Emoi archeia esti Iēsous ho Christos.Ignat. epi. ad Philad. We must look for antiquity of In_stitution not onely of Custome. Never say, they are indifferent. If indifferent onely, and not expedient, they may the better be spared. Others will say, our Doctrine takes off the Scandall of the Ceremonies. However, better have the stumbling blocke remo_ved out of the way, then to have a monitor appoin_ted to give you warning of it, he may fall asleepe, and then you are in danger. Quid si vel non satis attenti sint mo_nitores, vel fru_stra ploreque moneant? Beza. ep. 8. Grindal Anno 1548. Many tender conscien_ces wish the same successe about our Ceremonies, that was in King Edward the sixth his dayes, about the Images. Some people contending for one Image, others for another, gave occasion, that the King tooke downe all. Who knoweth whether God hath called you to this Parliament to accomplish this amongst other services? Ester 4.14.

If you doe fully come off, to give in your hands, your hearts, your sealing actions, that you will not upon any termes sell the Truth, as you tread in good Hezekiahs steps, I doubt not but the Lord will Crowne your piety and paines with his Diadem, 2 Chron. 31.20,21. Thus did Hezekiah throughout all Judah, and wrought that which was good and right, and Truth before the Lord his God, and in every worke that he began in the service of the house of God, and in the Law, and in the commandements to seeke his God, he did it with all his heart and prospered.

FINIS. |CRE |Y1653 A SERMON, Preached at S&tsup;. Marie's in the Uni_versity of Cambridge May 1&stsup;, 1653. OR, An Essay to the discovery of the Spirit of En_thusiasme and pretended Inspiration, that disturbs and strikes at the Universities: By Joseph Sedgwick, M&rsup;. of Arts, and Fellow of Christs Coll: in the University of Cambridge. &horbar Together with An Appendix, wherein M&rsup;. Del's Stumblingstone is briefly repli'd unto: And A fuller discourse of the use of Universities and Learning upon an Ecclesiasticall account, submitted by the same Authour to the judgement of every impartial and rational Christian. &horbar &horbar LONDON: Printed by R.D. for Edward Story, Book_seller in Cambridge, An. Do. 1653.

To the READER. Courteous Reader,

You have here made more publick a few sudden thoughts delivered lately before the University of Cambridge, which I then thought, and some since, that are more able, have judged not unseasonable; being occasio_ned by a second discourse of M&rsup;. Del's the week before, wherein he made a further attempt upon the University and the Mini_stery of our Church. Upon perusal of some notes taken after him, attested to by some of his hearers, and which I saw to be in his genuine & usual strain; I discovered much that deserved a down_right check, and a plain detection (as farre as I could) of his Spirit. For the Sermon, it was sudden, but not inconsiderate, be_ing but a composure and collection of what I had at several times observed by diligent attending upon his preaching, and reading some discourses of his and others of the same Spirit. Though, I will acknowledge, that was not all I got by his Sermons, wherein I have many times observed some choice Truths, which fully ex_plained & with a spirit of sobriety, so as to be reconciled with o_ther Truths, would have very great influence upon the Spirits of men to reall Christianity. Errour usually is founded in some no_table Truth, stretch'd a little too farre. And, though I many times saw ground of dissent, and seemed to perceive some overlashings in his expressions, I was very ready in discourse with others to put the favourablest construction upon his sayings, and to beleeve his designe pious and religious: being content with the truth which I saw at the bottome, and judged that he aimed at. Give me leave freely thus to have exprest my mind, who desire to be in bon_dage to no mens dictates. But now I am at a stand. Indeed, I could no longer believe against so visible an appearance of cen_sorious uncharitableness, & a designe (to my thoughts) absolutely destructive to the Church of Christ, without a most miraculous Providence. Upon this ground I adventured, according to the smallness of mine abilities, upon a vindication of our Clergy. Withall, I seemed to apprehend a great neareness between the False-teachers of old & this Spirit that now comes forth with the highest and most raised pretensions. I can truly say, that I en_deavoured not to wrest Scripture to compile a Character, but took those that naturally seemed to unmask this Delusion. If any think that I have imitated M&rsup;. Dell in putting laudable things into bad words, let him but seriously weigh the expressions, and the worst he can find (I hope) will be but plaine downright_ness of language, that I might not put mine Auditours to a guesse at my meaning. And this is all the bitterness in the ensuing Ser_mon, and that I am conscious to my self of. For as to rancour and malice, I thank my Creatour, it is quite opposite to my natural constitution, which disposes me to more soft pliableness. To pre_vent misapprehension, let me explaine the word Schismatick, which may possibly offend some mens Spirits at the first view, and in truth the frequency of using it hath almost made the thing inconsiderable. Schisme or Separation are in the Apostles esti_mation sins of a very high nature. To speak my mind clearly: I call not this Schisme, when a tender Conscience, without all sinister or carnall respects, abstaines from that communion which prescribes things unlawfull, or indifferent things which seeme to him unlawfull, as a necessary requisite of Church-fellowship. I think it no impossibility to withdraw from outward communion (because of something which my Conscience forbids me to com_municate in) nay, and to assemble together in a more unque_stionable way of Gods service, and yet in heart to retaine com_munion with the Church. For in this case, I would faine commu_nicate with them in the Ordinances of Christ; and I can still be so modest as to think they may have better grounds for what they practice, then I can as yet make out to my self. But for to institute new disputable terms of communion, and to debarre the members of another Church by other institutions from partaking with us in the service of God, is a practice which I leave others to defend. Notwithstanding a condemning, censorious, Church_excommunicating separation; a separation upon pretence of grea_ter holiness, a deniall to communicate with any Church professing Christ in lawfull and undoubted worship (as Prayer, hearing the Word and receiving the Sacraments) upon an opinion of our being more spirituall, and their carnality, is (I really be_lieve) a soul-endangering schismaticallness. To slight duties themselves, is yet higher. And the ground of this censure, which is the truth of our worship, I shall in some measure take upon me to maintain in the Appendix. For that part of the Character which concerns swelling words, be pleased to take notice I am no enemy or undervaluer of zealous and raised affections, true height of expression, or sanctified fancy. I require no more but correspondent conceptions, that they be expressions of some_thing, and proceed from real sense of and true fervency in the waies of God. Then indeed they beget warmth of affection, and truly heighten the soul, when they are natural, and not affected. In what else may fall under suspicion, or seem weak, be pleased to have recourse to the Appendix, and the subjoined Treatise, which may afford some light and strength to that which was to be exprest more popularly in a Sermon: though, I am sure, I aimed not to impose in the least measure upon the people, as I could not upon the more judicious part of mine hearers. Read, and judge freely all that you read. I have but one request; that you will pardon the weakness of the Authour, who confesses himself not to have attained to undeceivableness of judgement, but to be ba_rely a lover of Truth. What will not abide an exact examination, condemne as freely that, which if it prove but to be false, shall never once be pleaded for by him who desires to be devoted to nothing but Truth and Love. This is all, if you will but remember that the whole Work is of a private man's making, and comes farre short of the tenth part which our Reverend Ministers and the Learned Universities can produce in their own and the Truth's defence. It is too, the work of one of the meanest of the welwishers to the peace of our Jerusalem. Then you need not be afraid to judge impartially, which is the onely intent of this present publication. Farewell, and the Lord enlighten us all.

1 Cor. 14.1.

Follow after Charity, and desire spirituall gifts, but rather that ye may prophecy. Diōkete t ēn agapēn zēloute de ta pneumatika, mallon de hina prophēteuēte Follow after Love, and be zealous of the gifts of the Spirit, but more especially of an ability to prophecy.

IF the words might admit of this sinister construction, Persecute Love and banish it the Church, be ye likewise envious about spirituall things and contentious pretenders to the Spirit; we could shew in this present age an exact conformity to the Apostles exhortation, and you might all beare me witnesse that in these our dayes this Scripture is abundantly fulfilled in the practise of many; nay, hath been fulfill'd in the eares of this Congregation. But then S. Paul must run counter to the whole tenour of the Gospel, whose new Commandment is, Love one another; and contradict himself, who elsewhere reckons echthrai, ereis and zēloi, hatred, strife and contention, among the works of the flesh. Gal. 5.19,20. No, Pursuite after Charity, and such an endeavour after spirituall endowments as may consist with Charity, are undoubtedly the duties commended unto us by the heaven-inspired Apostle. How tumultuous and disturbant soever coun_terfeit inspiration, or vaine and bold arrogating of divine light may prove to be; the Spirit of God, and an earnest striving after the gifts thereof, do very wel joyn and must stand in conjunction with that perfection of the Christian Law, that kath' hyperbolēn hodos, that more excellent and surpassing way, which S. Paul promises us in the 12 ch. of this Epistle and the last verse, and further shews us in the 13 ch. and then concludes that encomium of Charity with the words of my Text, Follow after Charity, and desire spirituall gifts.

Follow after Charity] That is the first part of his exhortation. As if he should say, Be ye indeed the Disciples of Christ, having that distinguishing mark and character of Christianity, Love or Charity. First be true, reall and living Christians: then be able Christians, men fit for employment in the service of the Church. And this speaks to every particular member of the body of Christ. This is a grace of particular concernment, nor can any plead ex_emption from this duty by reason of private condition or degree in the Church. Indeed all are not Eyes, all are not Heads, but all may, all must love. It suits well with the state of every Christian, and hath no contradiction from the rules of order and decorum in religious Societies. These spirits, this warmth must dif_fuse it self into every part of Christs body. All must love, or cease vainly to professe the Gospel of Love. No circumstances can dispense in this everlasting law of Love. All must love, and all must be loved. As its subject, so its object is universal, God, Christ, our neighbours, nay our enemies and persecuters must be requited with love. And if enemies, much more our Brethren in Christ, men baptized into the same Spirit and profession of our most precious faith: which, I conceive, is chiefly the love inculcated by our Apostle, which we must pursue. Diōkete.

First, as that which is subject to fly from us. It is strange to consider how apt this so pleasant and necessary a grace is to vanish and slip out of the hearts of men. How easily doth this saving and healthfull heat expire, waxe cold, or turn into violent and scorching flames? In the primitive times, this holy fire, though but newly descended into the hearts of believers, yet pre_sently was in a great part put out by schisme and contention. None have greater ground to love, or stronger arguments to charity, then we who have embraced the Christian faith, yet none more prone to variance and unchari_table animosities. It is not for nothing that the Founders of the Church (the inspired Apostles) insist so often upon this commandment of Love, and that S. Paul musters up such effectuall enforcements, Phil. 2.1,2. I know not how, but there is, I am sure, a strange averseness from Love in the hearts of Christians, and every thing administers matter of hatred and mutuall abhor_rence even to the servants of Love. Pursue then Charity, which is ever and anon in danger to be lost and perish, which is each while ready to take its wings and depart from the World; nay from the Church it self, more especially.

2. Pursue charity, though it be to be pursued, though it cost you inten_tion and constancy. Pursue it through difficulties and all manner of obstru_ctions. Go on resolved against all impediments and letts whatsoever: yea, though you meet with Spirits that recoile and start back at the very mention of an accommodation, that seeme to abhorre all union and reconciliation (and such Spirits there are in the Church) yet even here follow love, that thus flies from you. Blessed are the peacemakers; blessed are the seekers of peace, that contend earnestly for love and unity, as well as for the truth. Blessed are they that extort peace and love, and force it upon the unwilling: they that by their pliableness and gentleness shame the perverseness, and conquer the refractoriness of the stubborn delighters in dissention. Christians must not stand upon their termes one with another. It is no disparagement to make the first motion to union, and to be leaders in this great duty of Christianity. Nay, rather it is an high piece of honour to condescend to others impotencies, and make the first overtures of peace. There's scarce an higher expression of him who brought peace to us when we were enemies, and of that God, who by preventing love gave life to a return of love in the brests of beleevers, that God, who beseeches his weak and despicable enemies to be reconciled unto himself. Follow after Love, even when men turn away from it, and refuse to admit the profers of a sweet accord.

3. Pursue it earnestly, because it is well worth the greatest vehemency and intention of spirit. It recompences the paines of acquiring it. In a few words: It is that which God delights in, that which God himself is. By this we possesse our own soules. By this we enjoy our selves, our Brethren, our allsufficient God. This disposes us to the receiving of gifts, and sanctifies gifts received, which otherwise would lose their use, viz. of benefitting the Congre_gation of the faithfull. A soul filled with Love is the fittest to receive the enablings of the Spirit, as being the likeliest to improve and make use of them to the edification of his Brethren. It is Love that draws forth and sheds abroad what strength and ability the soul hath received from the Almighty.

4. And lastly, Follow hard after Charity, for you then run so as to obtain. The earnest seekers of Love shall not labour in vain. Indeed, as for gifts, God dispenses them more arbitrarily, as in infinite wisdome he discerns to be best for his own glory, to be necessary for the Church, and to be most suteable to the Creatures condition. But this grace of Love is never unseasonable for a Christian to receive. Ask here, and you shall have this grace dispenc'd to you according to the utmost of your desires. For this God know's that you have absolute need of , as being necessary to the happinesse of the soul. And herein admire we the goodnesse of God, and the riches of his bounty and grace. Though gifts seem more simply for the publick manifestation of Gods glory, and to be wholly for his service in the Church, yet these he gives out not so or_dinarily, not so infallibly: but graces which are indispensably requisite to the soul's welbeing, those he powr's out largely and in abundance. Indeed in his giving gifts, the bringing men to grace and happinesse is the end and designe: and in his withholding the effusion of gifts, he doth usually consult with the good of his servants, proportioning his dispensations to what they are able to bear. Yet neither is he backward in bestowing gifts, where he hath fitted the spirit for their reception, and where any gifts are requisite to the service he hath called his people to. For the second exhortation of the Apostle is not in vain, And desire spirituall gifts.

Desire, covet, or be zealous of spirituall gifts] ta pneumatika i.e. as you have it the 12.ch.v.31. ta charismata, the gracious gifts of the Spirit powred out upon the soul for its enablement in the knowledge of the things of God, in dispensing the Truths of the Kingdome, and in the service of the Church. These are to be desired, and that seriously and strongly. For you must remem_ber that a Christian, as he indeed should be, a Christian (I say) whose first duty is to follow after that soul-widening grace of Love, is of a more enlarged spirit then to be satisfied with, and idly sit down in being happy himself onely. He is called out beyond his own private and particular interest, and so farre partakes of the divine infinity and goodness, as not to be streightned and confi_ned to his own Being: but is very desirous that others likewise be admitted to a participation of the like blessedness. Even thus was the nature of our heavenly Father, whose goodnesse staid not in his own absolute Allsufficiency and self_contentment, but prompted him to a communication of himself to his creatures. And thus is it, thus ought it to be with a Christian. He must desire to spread and diffuse himself for the benefit of his Brethren, his Brethren both of the Church and according to the Flesh. Not onely must he be good himself, but do good unto others. So devoted are true Christians to the glory of God, so enamoured of the excellency of that transcendent and unexpressible goodnesse, that they cannot but earnestly desire that it may gain a generall adoration and reverence throughout the whole Creation. To be willing to spend and to be spent in the service of Christ their Lord, and for the magnifying of his righte_ousnesse, is the ardent and constant affection of a Gospel-enlightned soul. And upon this foundation is the Apostle's precept here built. It is not a covering pre_eminence, or to be more considerable then others, to be lookt upon by the rest of their Brethren, and to be eminent in the world: this is not (I say) the reason, why they are to desire spirituall gifts. Ambition were a lesson very naturally learnt, and to desire to overtop others is commoner then that it needed any provocation. But Christian emulation is not founded in Pride or Self: but in a reall sense of their own engagements to God and their Lord Jesus, and a godly, holy and ingenuous shame for their own unanswerable returnes, and back_wardnesse represented fully and visibly to them by other mens activity. They desire not that their Brethren should be lessened, but would willingly themselves likewise contribute to the work of the Lord, and do something for their gracious Father. It is Gods glory in the good of our Brethren that grounds the Apo_stles counsell to these his Corinthians: and that fully appears by what he su_peraddes for further direction in this their desire,

But rather that ye may prophecy] It were a great perfection to proportion our love, desire and other affections to the reall nature of their objects. Herein men miscarry chiefly in ordering and graduating their affections. Their passions and inward motions exceed their causes and motives in the things themselves. The Apostle here wisely directs his Corinthians to a preferring of prophecying, i. e. an abilitie of understanding the mysteries of the kingdome, of explaining Scripture, of praying and praising God, foretelling things to come, and disco_vering the secret and hidden things of men: all which this discourse concludes under Prophecying in its latitude [See judicious M&rsup;. Thorndike in his Christian Assemblies.] But why prophecying rather then tongues, rather then miracles? You have in the 2, 3, 4 verses of this chapter, the edification and benefit of the Church. And thence I conceive the chief end of the former precept is easily concludable to be the good of others. The order is; first Love, then Prophe_cying, then the rest of Spirtuall gifts. Prophecying hath its preeminence as coming nearer to Love, and being in its usefulness and edifying a fuller expressi_on of it, then the other gifts. You have thus in short an account of the A_postles advice. It remains, that we come to our main designe, to accommodate this precept of our Apostle to the conviction of the present age, and direction of my present Hearers.

The Apostle warrants a reproof both to the bitterness and uncharitableness of our modern spirits (to the malice and envy of our new-upstart pretenders to the Spirit) and likewise to their pride and ignorance (I know not which of them or whether both be the ground) to the pride, I say, and ignorance of these late de_spisers of the gifts of God in the Church.

I. Discerne hence how Apostolicall and Gospel-like they are, who set themselves to stirre up Christians against Christians, who make it their designe and service of God to fling the Firebrands of contention into the Church, and to exasperate mutually the spirits of Brethren. These are they, beloved, that trouble you. These are they that, where ever they come, leave the sad memo_rials of their once being there, in the distractions and heart-burnings whereof they have been Authours: while they industriously divide betwixt believers and believers; being never well but when they have set a whole Church in an uproar. These are they that separate betwixt Pastors and their flocks, hindring in the mean time the building up of the Church. Give me leave a little to cha_racterise these men, in which I shall use plainnesse and freedome, but not exceed the bounds of truth and sobriety.

1. They are gone out from the Church of God, seek to withdraw others from its communion, and that under pretence of new light and further clearing up of truth. So 'twas in the very times of the Apostles 1 John. 2.18,19. 'Twas not a vain protestation of S. Paul, nor merely an asseveration of the truth of his Gospel Gal. 1.9. If any man preach any other Gospel &c. nor do I think that such language is of a fresh date, "Come out, come out from amongst them; for it is better for you, though there be but two or three of you, to as_semble and meet together in private, then to communicate with these men in their false Ordinances." Long before our times the Devil himself had his sentences of Scripture upon occasion, onely alleadged by him more pertinently then usually theirs are. I need not put you in minde that the False-teachers had their Spirits and Inspirations and doubtlesse couched their impostures in Se_raphicall language. Indeed, I should much question whether these men really conceited that they are guided and enlightned from above, but that charity commands me rather to think them (sadly) deluded, then to be Atheisticall and diabolical seducers. A confident boasting of dictates from above is not sufficient warrant that the doctrine is heavenly. Without better evidence then their bare word, we may modestly suspect that they are nothing but the distempers of a dis_affected brain. The strongest impulses and setlings upon mens spirits never make me think a designe the more lawfull. Nor, I think, is any man's persuasion, how firm and setled soever, ground enough for a sober man to admit him for an inspi_red Revelatour. The Jews demand of our Saviour to shew them a sign had been rationall, if the heavenlinesse of his doctrine and the allmightinesse of his works had not given formerly abundant testimony to the authority by which he per_formed the office of Mediatour. An infallible Revelation being more incredible then the truth of an Assertion requires the more solid confirmation. The Apo_stles went not abroad to publish things in themselves nothing monstrous, and which they themselves had been eye-witnesses of, till they backed them to the world with a miraculous power & extraordinary visible presence of the Spirit.

2. They bring up an evil report of the Ministers of the Gospel, and instill into their Congregations sinister apprehensions of their calling, fidelity and ability. Such S. Paul met with in the Churches of his charge; and thereupon is often forc'd to apologize for the truth of his Apostleship, his own integrity and the grace of God given unto him. Onely his adversaries were not quite so senselesse as ours to make his learning an accusation, and his persuming (if that be the word) his divine discourses with sentences of Greek Poets. It is a strange use of Scripture to furnish ones self from thence for declamatory railings. Yet I am almost perswaded it is a main thing some men take notice of in reading the Bible. Your Ministers (say they) speak Hebrew, Greek and Latine. If in a meer popular Audience the greater their vanity. Though, we have hence more probable hopes that they understand the Scriptures in their native expressions: and this is no prejudice, if they afterward interpret it to the people. The learned languages may offer more to their thoughts and enlarge their conceptions, and may be a short memento of what they intend further to explain to their Hearers. But why not Hebrew, Greek or Latine, where a great part of the hearers understand it? Must it needs be ostentation here to confirm an exposition of the Word of God from the originall Text, or to shew this is not onely their private fancy? Every one doth not delight to appear the broacher of a novel conceit; nor is it needlesse sometimes to remove the suspicion of such an affectation. Is the consent of men formerly eminent in the Church of God unfit to be known? or is it no way profitable to shame Christians from the very examples of Heathens, and condemn their ignorance and loosnesse out of the mouths of unbelievers? A devout soul hath very good occasion to render thanks to God for the glorious light of the Gospel, when he hears the errours of those times of darknesse touch'd upon in the pulpit. But still their calling is Antichristian. Why so? Because they are sent by men have Academicall Degrees and Ecclesiastical Ordinations; whereas the true Ministers of the Gospel of Christ are immediately sent by God, & their Function is not of their own seeking. It is true, Moses was sent by God, though he were unwilling to go. But sure Moses his diffidence and fear was none of his commen_dations and fittings for his Ministery. S. Paul, I am sure, allow's of him that de_sires the Office of a Minister, in 1 Tim. 3.1. Moses was sent immediately by God, as receiving a new Law and going upon a new work, but the expounders of the Law were of humane ordination by divine institution. David was chosen by Gods particular appointment to be King, yet his successors were truly Gods vicegerents to Israel. Christ and his Apostles had an immediate mission and withall a warrant to appoint Presbyteries for Ecclesiasticall Ordination. For University Degrees, certainly (but that some men have a minde to cavil upon all occasions) they are easily discerned to be but a civill constitution, and a publick witnesse given to approved and known learning. (So they should be and were intended.) Nor were they ever required by any to a Minister any otherwise, then as an orderly approbation given by men that are in all probability best able to judge of progresse in learning. The Ministers of our Church have not their authority from men, barely as men, but as endowed with power by warrant from Apostolicall and primitive practice: and their not daring to preach pasto_rally without this power is no reliance upon man, but a modest submission to the custome of the primitive Church, and a conforming to the order of a Christian society. Indeed he may say any thing, that dares undertake to prove against all Universities, that Christ under the New Testament hath erected and consti_tuded a new Ministery, not through any Ecclesiastical Ordination, but merely through the Unction of his Spirit: and that there is but one onely Ministery of the New Testament, which is common to all men alike, who have received the Spirit of God. Yet this the Authour of the Stumbling-stone dares maintain to be the Word and Truth of God: I suppose, against the Word of God it self.

The next craft of undermining the Ministery is a branding them with un_faithfulnesse in their Charge; and that in not preaching the Truths of God sincerely, and in preaching for gain. The Ministers of the World and Anti_christ (for thus runs their language) mix Philosophicall notions and sublime speculations, which the spirit of Christ ha's forbidden; they mix the Law with the Gospel, preach Morality, and onely the letter of the Word. In short I shall answer to this, that a discourse fitted to the capacity of the Auditory, an improving Philosophy in subservience to Divinity and the truths of God was never in the least measure forbidden by the Apostle. What illustrates the do_ctrine of the Gospel, and shews (as farre as may be) its consonancy to naturall light, can in no sober sense be called vain Philosophy. Secondly, To presse duty and good works, to reprove and convince men of sin, is to preach nothing but the Law of the Gospel: and he who severs these in his preaching, does sym_pathise with those whom Peter foretells of 2 Pet. 2.19. who while they pro_mise them liberty, they themselves are the servants of corruption. If direction of life and manners be preaching Morality, our Saviour and his Apostles have abundantly warranted it. Nor did I ever hear any that preach'd Metaphors or Types in their literall and proper sense. If the Gospel of Christ explain'd according to its genuine signification be not spirituall as much as preaching and words can be; I must confesse, I am to seek what is meant by spirituall matter.

But the strongest Argument, and most taking with the people, which many of them believe, because they would fain have it so, is, the unlawfulnesse of receiving maintenance for preaching. As for those who preach merely or chief_ly for gain, or for popular applause, I leave them to God and their own con_sciences, as yet not seeing into mens hearts. Yet, I must needs say, our Saviours rule is good, He that is without sin, should cast the first stone: and Rom. 2,1. Thou art therefore inexcusable, O man &c. is a very rationall and consi_derable admonition. But do all prophecy for hire and vain-glory? do all seek their own? could there be no exemption for any? but must all be jumbled indifferently into the accusation? could they discern none amongst our reve_rend Clergy, in whom they might finde visible marks of humility, self-de_niall, and deadnesse to the world? Blessed be God, this whole Assembly can bear witnesse to the falsehood, let me be bold to adde, to the more then Dive_lishnesse of this accusation. Satan durst accuse Job onely upon suspicion; he had not the impudence to deny but that he was a man of an exact conver_sation. See, beloved, in the first of Job, the first pattern of instilling jealousies concerning the perseverance of the servants of God. Tis true, saith the Devil, Job serves God, but it is not for nought; stretch out thine hand against him, and he will curse thee to thy face. Thus maliciously do our adversaries prophe_cy the revolt of our Ministers in time of Persecution: and quiet submission to the Providence of God in civill alterations, can to these mens charity seen no lesse then time-serving and forsaking of the Truth. The truth is, I am confident they are cut to the heart that all men of an opposite party are not so rash as to run themselves into danger by opposing the changes of Divine Providence. Notwithstanding, were the truth of Christ become matter of reall hazzard were the Gospel, and its preaching and profession conjoyned with danger of life or estate; I prejudge no mans constancy, but I foresee the grace of God to be most eminent in many of our present Ministery: and I doubt not but by Di_vine assistance, the present Fathers of our Church would go on to suffer the greatest extremities for the Testimony of a good Conscience, and to fill up what is yet behinde of the patience of the Clergy. However, in all this the miscarriages of some can never bear out a generall accusation, and they will one day answer it to Christ that so indistinctly calumniate the Ministry, and blow the Trumpet to an unchristian separation.

For the abilities of our Ministery (which is the third part of their charge) the truth is they are even to these men matter of envy, and therefore of con_tempt; and where our Ministers are fairly heard without prejudice and passion, they can abundantly evidence their abilities both in confirming their doctrine, & refuting their gain-sayers. They are men, who can maintain the Truth against the greatest subtilty of opposers, judicious men being judges, and yet never fly to multitude of words, an impertinent heaping up of Scriptures, or that sorry refuge of their own private infallibility. Their evidence, conviction and demon_stration is reall, not merely in the noise of their speech and the heat of their pas_sions. Let their adversaries try, and they will finde the hand of the Lord and the assistance of truth to be on the side of our Church. Nay the hand of the Lord is visibly with our Ministery, their disciples are their epistles, & they can shew the seal of the Spirit descending from heaven into the hearts of their Auditours. If reall conversion be not so frequent as formerly in our Assemblies, whom may we thank, but these very Schismaticks, or men of a like spirit, who have retarded the work of the Lord, stagger'd the faith of men, and, what in them lay, made ineffectuall the sound and sober preaching of the Gospel? Our Minsiters have gone in the strength of the Lord, and in the strength of his arme have (long be_fore these men were born to the distraction of the Church) prevail'd over spiri_tuall wickednesses, and the methods of Satan in the hearts of their hearers, bringing them to a true sense of the wayes of God and the reality of Gospel_righteousnesse; that righteousnesse that consists not in a form of brave words, raised imaginations and Fanatick Raptures; but in godliness, justice & sobriety, a deniall of ungodlinesse and worldly lusts, which farre exceeds all the Pharisai_call righteousnesse of Enthusiasme, leading to a neglect of the greater and more weighty things of the Law, being no better then a puffing up the minds of men with aiery fancies and a principling them with a spirit of Giddinesse and religi_ous Frenzy. This is the second mark of Impostours, to bring contempt on the Ministery of Christ and his Ordinances. (for so we dare call our Prayer, hand_ling the Word, and dispensing the Sacraments, till our adversaries bring more considerable proofs against them, and shew wherein we have materially depart_ed from the primitive practise.)

3. They are self-conceited, pleas'd with themselves (authadeis 2 Pet. 2.) conceived of their own conceptions: they desire to seem somebody (dokountes einai tines) seeming, or, as some render it, bragging and boasting that they are somebody, that they are and speak something worthy of especiall notice. Hence, beloved, are those expressions obvious in their exercises to the people, Mark that, It's a thing you never heard before, This the worldly and carnall Church sees not. It is our comfort that they call us carnall and worldly Church upon no other account, then (as I can easily make good, and any may observe from the Epistles of S. Paul) our conformity to the Apostolicall admission into Church-fellowship, who never requir'd any more then submission to Baptism into remission of sinnes upon a believing Christ to be the Messiah. But (I speak mine own knowledge) these phrases do preface oft-times nothing but ordinary and common Truths, which every one learns in the first Rudiments of Christianity, and which, to my remembrance, have been more fully and plainly delivered by our Ministers before these times of confusion; onely they must seem to speak new things to keep up their credit for new discoverers of truth with the common people, when all is but sometimes a new and fantasti_call dresse, and delivering of truth Paradoxically, that is, upon the borders of non-sense and errour, not to say sometimes blasphemy. Reduce but their sayings to common plain & ordinary language, & you will finde nothing but the com_mon conceptions of every ordinary Christian. It's just with these men as with a young scholar in Logick, who thinks that he is come into a new world, never observing that it's the newnesse of terms onely, but that the conceptions were naturall. And this is their way of preaching truth out of contention. Nay they go further, they set truth against truth, Promise against Precept, and the grace of God against mans duty, rather then not make a sufficient breach for the spirit of contention to enter into the Church. And what is it but overweening of Self, that every suggestion, in plain English, every crotchet in Religion that comes into their heated brains, must needs be the illapse of the Spirit, a divine Revelation, and of farre greater importance then the peace of the Church?

4. 2. Pet. 2.10. They speak swelling words of vanity. They use words of deceit, subtilty and ambiguity. How do these men love to walk in the clouds, to speak above the understandings of men, off and on, with an in_dustrious kinde of confusion? Is this the plainnesse and simplicity of a Gospel_preacher? is this for edification, to give such an uncertain sound, to leave the hearers in a mist of words and dark expressions? are these interpreters of the revealed will of God, when the very Text it self is more easie, plain and fami_liar? Indeed, sometimes I conceive it's necessary that they should avoid plain_nesse, lest the absurdnesse of their doctrine should be conspicuous to the mean_est understanding catechiz'd in the knowledge of Christ. I might adde truely, that they speak then most confusedly, when their language (if not fully appre_hended and with due allowance) administers matter of licentiousnesse, and is destructive to the wayes of godlinesse and true holinesse. They care not what scandalls they lay before people, and indeed speak as if they intended to be mistaken, that so they may render themselves more suspicious to godly Christians then indeed they are. Blessed are they that are not offended at Christ: and they should remember that there is a Woe to them by whom offences come, to them who give occasion to others to make shipwrack of faith and a good conscience. These men speak not onely swelling words of vanity, but, which is worse, put vanity and emptiness into Scripture-expressions, crowding them together so as onely to make an emptie, insignificant and ineffectuall noise. There are other Characters 2. Pet. 2.10,12,14. They despise go_vernment, presumptuous are they, self-will'd, they are not afraid to speak evill of dignities, they speak evill of the things they understand not, beguiling unstable souls; an heart they have exercised with covetous practises, &c. I dare not say, 'tis an exact and plain Character of these men, but there are abundance of the expressions of that Chapter apparently verifide in our present pretenders to the Spirit, and, I doubt not but the Characters of Antichri_stianisme, and the Mystery of Iniquity, if you read those who apply them to the Gnosticks, will be discover'd to be very applicable to the spirit of En_thusiasme. I remember some reject that interpretation which refers all to Gnosticisme, as not seing any Mystery in the Iniquity of those Libertines. If that be all the scruple, they may now, in these their children be furnish'd with Mysteriousness enough, and see the grosseness of Impiety vail'd over with a glorious appearance, those glorious titles of the Mystery of the Gospel, the Kingdome of God, the Kingdome of Christ, and the like.

Lastly, I shall adde but one character more, They love to domineer over the flock of Christ, and to set themselves in the place of God. If censoriousness and judging, if visible pride and haughtiness of spirit have any relation to this; you may guesse, that though as yet they force not and impose not with authority their fancies upon others, yet it is onely because their time is not yet come; but their spirits are neare ready and prepared to be as tyrannical as any. For my part, I discerne somuch into their spirit, that could these men accom_plish their desires to speak the least, happy were the Protestant that lived in France, whose condition would be much more tolerable there, then under these cryers up of Liberty of Conscience. Alas, this profession of moderation, this seeming tenderness, is the onely way to get up into the saddle. I never dare trust him with power, that is beforehand so good at slandering, reviling, and the persecution of the tongue, and hath already laid the foundation in his own Infallibility. And what equality their wayes shall have, if we would give way to every probable ground of suspicion, might easily be discovered from their present demeanour amongst us. 'Tis true, they preach that all must be carried on by the power and might of the Spirit, but I am sure they fly to visible power, and invocate the secular arme. For all their brags, their confi_dence is plainly not in the Lord, not in the truth, but they desire more then security and encouragement from a temporall power. You see, Brethren, in part who are the disturbers of our peace; and may now a little apprehend by what spirit they are carried forth, and what strangers they are to the precept of following Charity.

II. Discerne hence how contrary to the Apostle they are that despise the gifts of God, that cast contempt upon the abilities which he hath bestowed upon the Ministery, that strive to discourage the endeavours of the University after the gifts of God, that make the very foundation of the Universities, the very seeking after the gifts of Gods Spirit and after abilities for the Ministery, a piece (nay the top) of their imaginary Antichristianisme. Is not this the meaning of the University reproved by the Word of God? For, what are the Universities appointed for but to fit men thence for the work of the Ministe_ry? But they were instituted in times of Ignorance and Superstition. The more shame for us, who pretend to light and more glorious breakings forth of truth, not onely to come short of the piety and zeale of darker times, but to oppose our selves to that little appearance of religion that the providence of God even then reserved. Yet I feare, even the prudence and sincerehearted_ness of those times, if duly consider'd, will outweight the greatest part of what we now call the Wisedome which is from above, the Gospel-light, and the re_velation of Christs Kingdome.

I have but a word of Exhortation to the University and the rest of mine Hearers, and then I shall conclude.

I. Follow all after peace. University with Town, Scholars with Scho_lars, study peace and charity. I need not tell you how acceptable to God, how worthy of the Christian calling this duty is. What do we by our dissentions but furnish our adversaries with matter of calumny? We have one God, one Faith, one Lord Jesus, we are members of the same Church, seek after the same truth and (I hope) mind the same end, the glory of God in our own and each others salvation. The truth of Christ, the Being of our Church, the continuance of a Christian Ministery are in plaine English the things struck at; and shall we strive, while the Canaanite and the Perizzite are in the land? Be we then united in our selves, and let this stay our animosities, that in grea_test dissent, we all aime at truth, and endeavour to discover it in love to each other.

II. Desire spirituall gifts. It is false that we seeke to monopolize the knowledge of Christ and the work of the Ministery. Would God all the Lords people were Prophets! I would our Universities were needless to the Ministery, and that all (if God saw it good) were so fully instructed in the wayes of God, and so active for God, that they needed neither teaching nor quickening. What ground there is for a future expectation of such times even in this World, I must confesse I am not so satisfied in some mens proofs, nor yet desire to contend about it. But I hope we should all be ready to sit down rejoicing in so glorious an appearance of God, and be contented to rest from our labours. But this is not our present state, nor can I see any probability of its neereness, unless in the general defection and degeneracy of this present age. Sure till then, we must proceed in the trodden paths of the Christian Church, and seek the Lord in the way in which formerly he hath been found. Desire spiritual gifts, be zealous of them In Prayer, In Endeavours.

1. Pray for abilities. Though we are not so sensible of it, though we are not as to this (I feare) so conversant in prayer, though others refer all to industry and humane helps, yet remember it is God that bestowes these abilities, it is the Spirit of God that sanctifies, that succeeds your labours. There's asmuch need of prayer as to the successe and fruitfulness of our studies, as to beg our daily bread. Except the Lord build the house. Except the Lord watch the City. and it is as true, Except the Lord give in his blessing, except he water our studies, we sit up late and rise up early to no purpose. It would be good to fetch all our learning by prayer, and to take more notice of God in our getting abilities, that we might the better remember him in making use of them.

2. Labour after abilities. This is included in the word zēloute. and this pre_cept seemes to me to be the Charter granted by God himself for the founda_tion of Universities and erecting of Schools preparatory to the Ministery. by this authority we come together hither to study. What though we pray? doth that exclude endeavour? or are endeavours and prayer inconsistent? Can we not receive from God upon our Diligence? and are the gifts of Gods spirit unworthy of esteeme, unlesse they drop (as it were) into our mouths?

But these gifts are humane, acquired by industry. To this I shall answer brief_ly, & according to the time & nature of this present exercise, in these particulars.

1. Abilities for the Ministery, and such for substance as were immediately and miraculously infused in the Apostles times, such as are necessary for the work of the Ministery, are acquirable by humane industry, by diligence and study. The knowledge of Gods will and the truths of the Gospel is attaina_ble unto now by industry, and only by industry. It is true the Spirit of God is able to reveal the mind of God immediately, even now as well as formerly. But you know the Law was once delivered to Moses by immediate revelation, but recorded for the following Church. The Apostles have already delivered the mind of God and the truths of the Gospel: now they are to be read, to be inquired into and meditated upon. And must we read the Scriptures, and yet not understand their language? What though we have no reason to que_stion but most is truly translated, and we can testify from our own experience the reality and certainty of many parts of Scripture-Revelation? But may there not be yet something further couched in the Scripture, which may be usefully known in the Church? May not the Apostles expressions in their genuine and primitive forme, speak beyond the narrowness and necessary brevity of a translation? Do not the idiotismes and peculiar phrases of Scriptures im_pose many times conceptions upon him who is unverst in their natural dialect? Besides this, an ability to expresse our thought accommodately to the hearers, to perswade, urge and convince, to discover the consonancy and harmony of Scripture-truths, to presse truth home upon the minds of men, are things ac_quirable by art. To discover the mind of Scriptures by comparing place with place and weighing the connexion, i. to interpret Scripture aright, is ac_quirable by industry. And this was part, and the most necessary part of the gifts of the Spirit in a miraculous way in the Apostles times, which were by way of supply to their illiterate education, which God pleasing to make use of (for the manifesting of his power in the new-revealed Gospel, and giving testi_mony from heaven to the truth of his messengers) did not leave to its owne weakness, but made up with necessary and all usefull endowments.

2. Even in the primitive times industry was probably used. For it is not imaginable but that the Prophets of the New Testament instructed others by their inspirations, and that in order to their future prophecying. Besides that we find God making use of the learning of S. Paul, and of the learned Fa_thers of the Church in succeeding ages, who have been the more eminent in the service of the Church for their eminency in learning. S Paul despises his learning in comparison of the knowledge of Christ, yet makes use of it in his Epistles to believers.

3. Gifts are not now acquirable but by industry: where God affords meanes, where he gives ordinary opportunities, it is but presumption to neglect the meanes that are possible, and require a miracle at the hands of the Al_mighty. God hath in wisdome withdrawn that temporary dispensation, but hath otherwise provided for the Church in the wayes of his gracious Provi_dence. Manna was in the Wilderness, but Bread must be made in the land of Canaan, where it may be made. God now gives out abilities upon our endea_vours. Up and be getting for your selves: seek the Lord in the present way of his discovery, and affect not the lazy vanity of immediate illapses. Mind not that popular cavil of your being brought up to a trade & bound Apprentices to the University. They would have said the same of the Sonnes of the Prophets heretofore. Blessed be God, that by his Providence hath conjoin'd in our education our very lively-hood with serving him in the Church; and withall hath stirr'd up our Ancestours to a liberal provision for the labourers in the Word and Doctrine, and to a confirming it by so undoubted a legal right of propriety to the Clergy. Do you your duty in a consciencious dependance upon God, and confidently expect his blessing upon your labours, confidently expect his protection. Go on still, you (Reverend Fathers) whom God hath plac'd in the government of the University, to encourage, stirre up and quicken the studiousnesse of those whom Providence hath set under you. Minde you, Men Brethren and Fathers, your duty, maintain strictnesse of discipline, pro_fitablenesse of study and reality of learning: and maugre all the oppositions of malice and ignorance, the Universities shall be acknowledged the Eyes of the Land, the fountain of a godly and an able Ministery. Let us remove from amongst us what justly is reprovable, and the Nation cannot long continue so mad as to be offended at decency of Habits or orderlinesse of Degrees, much lesse at reall and beneficiall accomplishments.

III. Make use of your gifts. Desire them to edifie the Church, and imploy them in so glorious a designe as to be fellow-workers with Christ, his Spirit and his Apostles. And then rejoice in this, that the Spirit of God is ready fur_ther to enable you and to encourage you in his work, by a discovery of his effi_cacious presence. The industry, conscienciousnesse and humility of the Clergy would soon stop the mouthes of those that watch for an occasion to exalt themselves in the injury of our Church and Ministery.

Lastly, You who are attendant upon the University-ministery, you who are the hearers of the so-condemned Clergy, think it no disgrace to be ac_counted men baptized into the University-spirit, still continue your attendance, and rejoice in this, that you are reproached for the cause of the servants of the Lord Jesus. When men return to sobriety it will be no dishonour that you stood by the discountenanc'd Ministery. However you'l have the comfort in your own souls, that you are innocent as to destroying the Church. Live but in the Truths delivered unto you by their hands, and fear not but God will yet provide for your instruction and being built up in the faith and love of our Lord and Saviour. I shall adde but one comfortable observation, That you may expect benefit and edification even from him who hath nothing of the spirit of God, but in gifts. Seek to God, and God may enable for your sakes and for your service, him who is unsanctified as to his personall respect.

In a word, Rejoice we in the opportunities which God hath graciously provided, and is yet pleased to continue to us for our being trained up in the knowledge of Divinity and to the work of the Ministery. Rejoice ye in the gifts of God, which he is pleased to pour out upon the endeavours of the Uni_versity. Let us make use of our means: and you of us, in the spirit of Love and unitednesse of heart, in the fear of the Lord. We shall patiently submit, if God for our other sinnes be yet pleased to suffer this to be the cause why our adver_saries maligne us & execute his just judgements upon us, because we have for your benefit and the good of the Church followed after the gifts of the Spirit. Happy is every soul here present, if repenting of what really hath provoked God against the University, he can but enjoy the innocency of this suffering, because he hath endeavoured to be serviceable to God in the Ministery. The judgement then, if permitted, will not be a judgement to us, but to the Au_thours of our misery, whose giddy zeal or envious malice future generations shall curse. Nay, yet turn we from malice, pride and disorderlinesse of life, and we have preserved the University, and engaged God for his Ministery. The remainder of wrath he will restrain.

&horbar

May 10. 1653.

&horbar |CRE |Y1669 A SERMON PREACHED AT A Visitation, HELD AT WARRINGTON IN LANCASHIRE May 11. 1669. &horbar By Ric. Sherlock D.D. Rector of Winwick in Lancashire. &horbar IMPRIMATUR, June 18, 1669. Tho. Tomkyns, Reverendissimo in Christo Patri ac Domino, Dom. Gilb. Arch. Can_tuar. a Sacr. Dom. &horbar LONDON, Printed for Rich. Royston, Bookseller to the Kings Most Excellent Majesty, 1669. A SERMON PREACHED AT A VISITATION. &horbar

Act. 20.28. Take heed to your selves, and to all the Flock-----

IN the context we have S. Paul upon his Visitation at Miletus, vers. 17. And the Visitation, as this which is now holden with us, is Provincial, all the Clergy of the Province of Ephe_sus, being conven'd by this great Visitor, and appear before him, vers. 18.

The Text presents you with a part, but 'tis the principal part of the Visitation Sermon, or as I may ra_ther call it, The Visitors Charge to the Clergy of the Pro_vince. The first part of which charge is:

1. Take heed to your selves: To you my Brethren of the Clergy, is this Charge more strictly given, then to the Laity: For to the people God hath appoin_ted Pastors who are commanded in the text to take heed to the charge committed to them: But who shall seed and Guide the Shepherds, who shall watch over the Watchmen, or Teach the Teach_ers? Ye are the salt of the earth, but if the salt have lost his savour, wherewith shall it be salted, it is thenceforth good for nothing, but to be cast out, and troden under foot of men, Mat. 5.13.

2. Take heed to your selves, is the first part of the Charge, And secondly to your Flock: The or_der observed in this Double Charge, is the next thing observable, which is the same observed by our Lord himself, in his charge to S. Peter, and in him to all Pastors of the Church, saying Luc. 22.32. When thou art converted, then afterward strengthen thy Brethren, and John 21.15. Simon son of Jonas, lovest thou me, and if so, it then follows, Feed my Sheep: Impli_citly commanding all Pastors of his Flock: First to be themselves truly converted unto God, and their souls inflamed with the sacred fire of Divine Love, and then they may hope that their pains will be suc_cesful for the feeding and strengthening the Sheep of Christ: That rule of Righteousness and Chari_ty which is the sum of the second Table of the Law, Thou shalt love thy neighbor as thy self, commands this order to be observed, To love thy self aright in the first place, and then thy Neighbor as thy self: St. Bernard thus bespeaks every Shepherd of souls: Tu frater cui nondum est firma satis propria salus, cui Charitas adhuc nulla est, aut adeo tenera & arundinea, ut omni statui cedat, omni credat spiritui, omni circumferatur vento do_ctrin�, quanam dementia qu�so, aliena curare, aut ambis aut acquiescis? And upon Cant. 1.6. They have made me the keeper of the Vineyards, but mine own vineyard have I not kept; he severely checks and reproves himself, that he had taken on him the Cure of other mens souls, having not sufficiently cared for and cured his own: Et miror ---- I do much wonder (saith he) at the Impudence of those persons, that thrust themselves to be Labourers in the Lords Vineyard, whilst their own Vineyard is overgrown with Bryars and thornes: The Leper under the Law was commanded to have a covering upon his upper lip, Lev. 13.43. ut non docere alios pr�sumat ---- saith Hesy_chius: that no man presume to open his lips in the Congregation, for the instruction of others, who is himself infected with the Leprosie, either of sin_fulness or error: for non est cadentis alium erigere: Plu_tarch: It is not for a man that lies in the dirt, to raise up another thence; not for that a man that is a sleep in his sins, to awake others from that spiritual sleep of death; That Proverb remembred by our Lord, Physician heal thy self, Luc. 4.23.18. chiefly appliable to the Physician of souls, who must begin at home, if he will work any cure upon the Souls of o_thers.

3. But this is not all, for thirdly the Cure of a Pastors soul, is a more difficult task; as being to be perfected in a higher degree, then ordinarily can be expected from any of his Flock: For as our office of Priesthood, is more high, more eminent, more holy, so should our Conversation be, hoti angeloi en anthrōpois ----- St. Chrysostom, De Sacerdotio, As Angels above men, as Shepherds above their flock, as Ma_sters above their Scholars, so should a Bishop a Priest a Pa_stor excell and transcend the people in wholsome doctrine and holiness of life: so the great Gregory, Tantum debet acti_onem populi, actio transcendere pr�sulis, quantum distare solet a grege vita Pastoris, ---- with much more to the same purpose, De cura Pastorali: A book which was once translated by the wisest and greatest of our Saxon Princes; King Alfred, and by him com_mended to the Clergy of this Nation; and a hap_py Clergy should we be, and holy Priesthood if the Instructions in that Golden Book, were well ob_served amongst us.

4. Take heed to your selves and to all the Flock] and both these joyntly and severally. To your selves: As to the Innocence and Holiness of your Lives, as becometh good Christians: And to your Flock, as Shep_herds & Guides of souls: Under the Law, the Priests and Prophets of the Lord are frequently called the Angels of the Lord of hosts, Jud. 2.1. Mal. 2.7. And under the Gospel, the Angels of the Church of Christ, 1 Cor. 11.10. Rev. 2.1.8.12. --- And as we read of the Angels on Jacobs Ladder, ascending and descending from heaven, Gen. 28.12. so the Priests of the Lord should first take heed to themselves by ascen_ding with the Angels into heaven, having their hearts and affections, their meditation and Conver_sation in heaven, Phil. 3.20. And withall take heed to the flock, by descending with the Angels from heaven, enriched with the word of Life, breaking unto them that bread which cometh down from heaven, and giv_eth life unto the world, John 6.33.

But this joynt charge is sadly disjoyn'd and per_verted, by such as take heed to themselves indeed, but 'tis not with the Angels to ascend, but descend, only groveling in the dust, and wallowing in the mire of Luxury, Riot, and Excess, Pride and Co_vetousness, the Pomps and vanities of the world, and the sinful lusts of the flesh, which every one, even the meanest of their Flock, hath solemnly ab_jured, when by holy Baptism admitted into the Fold of Christ. By such as take heed to themselves, but 'tis not in a spiritual but carnal sense; who will look narrowly to themselves, as to their worldly concerns, their Revenue and Income; but are too careless to the spiritual concerns both of themselves and their Flock, Who seek their own, not the things which are Jesus Christs, Phil. 2.21. Caring more for their Fa_milies at home, then for the Family of Christ, more for their bodily then for their spiritual relations, pro_viding better for their natural heirs, then their spiri_tual successors in their respective places: And in a word, by all such as mind more the Benefice, then the office, more the Fleece then the Flock: All such do falsly wrest, and wickedly pervert, this double charge of the great Visitor in the Text: Take heed to your selves and to your Flock: To your selves, by being examples of holiness to your Flock; And to your Flock; as Shepherds, to feed and guide them, as Fathers to admonish and reprove them, and as Mothers to nourish and cherish them: For these are the four Essentials of a faithful Pastor: Holiness of life, soundness of Doctrine, Christian courage, Christian Charity.

5. To all the Flock] not to the flock at random, not to this, or that particular Sheep, that fawns upon the Shepherd, nor to this, or that Par_ty or Sect, which agrees with his Humors and Opinions; but, To all the Flock impartially, and with_out Hypocrisie, and this first affirmatively, to in_struct the Ignorant, to strengthen the weak, to confirm the wavering, to reduce the erroneous, to visit the sick, to comfort the afflicted, to binde up the broken in heart, to reprove the sinful, and to testifie against the stubborn and disobedient: Se_condly Negatively, not to break the bruised reed, and quench the smoaking flax, Mat. 12.20. not to sow pillows under all Armholes, Ezek. 13.18. Not suffer them to settle with ease, and without re_proof, upon the Lees of their sins, and the errors of their waies: Not to claw the scabbed sheep, and scratch the itching ears not to tickle and foment the petulant humors of the Factious, not to please those squeazy Palates, who nauseate the solid food of Gods Publick solemn standing worship, un_der the prophane and scurrilous name of Porridge, and for no other cause, but because it is like it self, ever the same, constant to it self: Like the Glori_ous Sun in the Firmament, which shines every day the same; which renders it a worship accept_able, as being herein most agreeable to the Immut_able nature of God, the Father of lights, with whom is no variableness nor shadow of turning, Jam. 1.17. But the Itch after novelties in the Flock, in the Itch of popular applause or filthy Lucre in the Pastor, whilst the one scratches the Itch of the other: Hence the putrid Scabs of Schism and Heresie in the Church, of Disobedience and Rebellion in the Kingdom, are en_gendred.

Against all such sinful Compliance, Take heed to your selves, my Brethren take heed to your selves, and to your vows and promises, Sacerdotal and Ecclesiasti_cal, confirmed by your respective Subscriptions to the Articles and Canons of the Church, to the In_junctions of your Metropolitan and Di�cesan, to the Approbation and constant use of the Liturgy of the Church, and of that onely in publick: In which last particular, wherein the greatest part of the Ministerial Function consists, I cannot but testifie in this Assembly, so much concern'd therein: That there is utterly a fault amongst us; In that those Divine and excellent Prayers, and heavenly inspir_ed Prayers of God, and that ancient and Constant way of Gods worship in Publick, is by many too much slighted and neglected, by many irreve_rently and indevoutly celebrated, by many mang_led and maimed, curtail'd, abbreviated, and by the Additions of others implicitly vilified: And generally almost by all secretly undermin'd; ener_vated and subverted by each mans private prayer in publick: The which private prayer, whether before Sermon, or at any other time in the Con_gregation, doth not onely secretly imply a defect in the Publick Prayers of the Church, which must (forsooth) be supplyed by mens private conceived prayers: but also, 'tis a disorder and confusion in the service of God; for thus publick and private prayer are confounded, which our Lord Christ hath distinguished and commanded to be separate_ly observed, to avoid Hypocrisie and vain-glory limiting the private prayer to the private closet, Mat. 6.5,6. and for avoiding Tautologies and impertinent bablings after the manner of the hea_then, he prescribes a set form to be us'd in publick, vers. 8,9. We are commanded when we call upon the Lord, to pay our vows to the most High, and then he will hear, Psal. 50.14. But can any man think it probable, that God will hear their prayers, who sacrilegiously break their vows when they pray, by praying otherwise then they have vowed and promised? those promises also being agree_able to the Commands of Christ, and the orders of his Church?

And this undoubtedly amongst many others, is not the least cause, of so many stray and wandring Sheep in every Flock, of so many giddy headed and factious minded men in every Congregation, of so many separate Congregations or Conven_ticles in every Parish: one great cause hereof is the falshood and treachery of the Shepherds, who in compliance with the noxious humors of the disea_sed part of their Flock, take no heed to them_selves, nor to the vows and promises they have made in order to the right and regular execution of their Function, in feeding of their Flock: so for the iniquity and irregular carriage of the Priests, the sons of Eli in the sacrifices of the Temple; Men abhorred the offering of the Lord, 1 Sam. 2.17.

6. But should not the Flock take heed to the Shepherd, as well as the Shepherd to the Flock? The duty of the one to the other (undoubtedly) is reciprocal, and the mutual Relation respectively binding. Take heed to thy self (said the Lord to his people) that thou forsake not the Levite, as long as thou livest upon the earth, Deut. 12.19. and Chap. 14.27. Eccl. 7.30. There is nothing more plainly asser_ted and more punctually commanded in the book of God, then that the people should take heed to their Priests, the Flock to their Shepherds, espe_cially such as are orthodox and holy, that they should hear and obey their voice, and make their Application and recourse unto them, in all cases of ignorance or doubting: For the Priests lips should keep knowledge, and they (the people) should seek the Law at his mouth, for he is the messenger (or the Angel)of the Lord of Hosts, Mal. 2.7. H�c sunt initia h�retico_rum, ut sibi placeant, & pr�positum superbo tumore contemnant, Cypr. lib. 3. Epist. ad Florent. Hence the Rise of Hereticks in the Church, when the people swel_ling with presumption of their own knowledge, and pleasing themselves in their fancies and opini_ons, proudly neglect and scorn to submit to their directions, whom the Lord hath appointed to be their Shepherds and Guides of their Souls: And thus even thus, the people of God fell into Idola_try, even that gross and infamous Idolatry of the Golden Calf, when slighting Moses, and over_awing Aaron the high Priest, they commanded him, who should have commanded them, say_ing, Make us Gods to go before us, for as for this man Moses, we wot not what is become of him, Numb. 22.1.

When the same people were weary of the Go_vernment of Samuel the Prophet, and desired a King, the Lord said unto Samuel, They have not des_pised thee, but they have despised me, 1 Sam. 8.7. Where_upon St. Gregory: Quam reverendi sunt Pastores opti_mi Sanct� Ecclesi� ---- how reverendly to be esteemed are the Pastors of holy Church, who whilst they faithfully serve the Lord in the Execution of their function, they are so closely joyn'd unto him in the bond of love, that the least slight disesteem or neglect, that is cast upon them, the Lord takes it as an injury to himself: So said the Lord to his A_postles, and in them to their Successors: He that heareth you, heareth me; and he that des_piseth you, despiseth me, and he that despiseth me, dispiseth him that sent me, Luc. 10.16. And this duty, that the people should take heed to their Priests, is commanded under a severe penalty, Deut. 17.8. If there arise a matter too hard for thee in Judgment, thou shalt arise and come unto the Priests, the Levites, and that man that will do presumptuously, and will not hearken unto the Priest, that standeth to Minister ------ even that man shall dye. And under the Gospel also the same command is given, Heb. 13.17. Obey them that have the Rule over you, and submit your selves, for they watch for your Souls.

But notwithstanding these and many more commands, in the sacred sheets of either Testament, yet is this Christian duty slighted and generally omitted, and especially by such as pretend most to the sole Authority of the holy Scriptures, without any Relation to the doctrine and Authority of the Church in the Interpretation thereof: There being many a_mongst us in every Flock; who presume to direct their Shepherds, guide their Guides, and teach their Teachers; who if they teach not, preach not, pray not, as they would have them, and conso_nant to their humors and opinions; they will cen_sure their doctrines, contemne their directions, re_vile their persons, scandalize their profession, and even snatch the holy Oracles out of their mouths, and separate themselves into Conventicles, where they may heap to themselves Teachers after their lusts, hav_ing itching ears, and they turn away their ears from the truth, and are turned unto fables; believing and delight_ing in lies, and vain empty prophesying which profit not, as was foretold of such, 2 Tim. 4.3,4.

And having mentioned Conventicles, I cannot but add a word or two of the danger of them, not in order to the disturbance of the peace of the Na_tion, leaving that to the Secular Magistrate, but in order to the seduction of unwary and unstable souls into falshood and errors in Religion; Verily verily I say unto you, he that entreth not in by the door into the sheepfold, but climeth up some other way, the same is a thief and a robber, Joh. 10.1. 'Tis the practice of sub_tile thieves when they seize on the honest Traveller to drag him out of the high road-way into hedges and by-places, the more securely and without in_terruption to robb and spoil him; so the spiritual thieves, false Prophets, ringleaders of faction and sedition, do more easily seduce, and robb poor silly men and women of the inestimable treasures of truth and obedience, by drawing them from the open and Publick Assemblies of Gods people in his houses of prayer, into By-places and lone houses, where they may more securely breath forth the spiritual Infections, sow the seeds of Schism and Sedition, and whisper their irreligious Trea_sons, under the mask of Religion. In such pla_ces they may to their advantage vent and put off their counterfeit ware, their false glosses, and mis_interpretations of holy Writ, and make their Apocryphal Comments upon Canonical Scrip_ture, making the holy Word of God to speak not what the Spirit of God intends therein, but what their factious spirits and wilde fancies would have it: That there should be such false Prophets in desart places and private houses, our Lord hath foretold, commanding all his disciples not to believe or fol_low them, Mat. 24.26. Wherefore if they shall say unto you behold he is in the desart, go not forth; behold he is in the secret chamber, believe it not. St. Augustine ob_serves of the man that fell among thieves, and was robbed and wounded, Luc. 10.30. Si non descendisset--- If he had not been going down from Jerusalem, the place of Gods Temple, to Jericho a prophane and common place, he had escaped that sad disaster: To teach all people to beware how they leave the place which God hath chosen to put his name there, the Temple and house of God, to convene in any common or prophane By-places, under pretence of Re_ligion, and the performance of holy duties in such places: 'Twas otherwise with the man after Gods own heart, Psal. 5.7. As for me I will come into thine house even upon the multitude of thy mercies, and in thy fear will I worship towards thy holy Temple. And with him resolves the whole body of Gods people, Psal. 132.7. We will go into his tabernacle, and fall low on our knees before his footstool: And not only this un_der the Law, but under the Gospel, Mark. 11.17. My house(not the houses of men) shall be called the house of prayer of all Nations: Not of the Jews as un_der the Law, but of the Gentiles also under the Gospel, and 'tis there especially in Gods own house, that he has promised to meet his people, to be in the midst of them, to hear their prayers and bless them, To teach them his waies by his faithful and true Pastors, and there (in a word) to dispence all the blessed means of grace and salvation to them, Deuteron. 12.5, 6.11,12,13, 14.1 Kin. 8.29,30. Mat. 18.20. Luc. 19.46.1 Cor. 11.20.

7. But the grand excuse of the wandring sheep, and the cry of many Orthodox also, is, The division of the Shepheards, who being divided amongst themselves, do lead their flocks into several divided wayes of divine worship: And the generality of the flock being not wise enough to know what way to take; or whom most securely to follow, they hereupon heap to themselves Teachers after their own Lusts, and with the Schismatical Corinthians 1 ep. 1 cap. 12. vers. Every one saith, I am of Paul, I am of A_pollos, and I of Cephas, and I of Christ, one man, or Sect of men, liking this mans way of preaching and praying, another anothers way, and others none at all, but independently rely upon the immediate teaching of Christ by his Spirit. And thus Sects and Divisions are multiplied.

This complaint is too true, and such sad effects thereof too evident, and if not stopt will prove bitterness in the end.

But would you know who be these divided Pa_stors or Preachers, or Sect-masters rather, the cor_rupt springs from whom all our polluted streams of divisions flow? They are such (in a word) as first divide from the Church of Christ in general (wherein they all agree) and then divide amongst themselves, into particular Sects, and Factions, wherein they all differ: There is but one body and one spirit, Eph. 4.4. one mystical body of Christ, which is his Church, and one spirit of truth, quick_ning this our body, and its members, and them onely: And as it follows, One Lord, one faith, one baptisme, one God and father of all, who is above all, through all, and in you all, vers. 5,6. In you all, that are members of this one body, and quickned with this one spirit, and endeavour to keep the unity of the spirit in the bond of peace, which is the duty enforced from the premisses, vers. 3. Contrariwise then such, that divide from this one body the Church, into several Sects and Factions, and (which necessarily fol_lows) such as are not quickned with this one spirit, but each with the foolish Prophets follow their own spi_rit, Ezek. 13.3. which they mistake and mis-term the Spirit of God; such as worship, not this one Lord, as we are all commanded, with one mouth and with one minde, Rom. 15.6. Such as hold not the Ar_ticles of this one faith, with one joynt unanimous consent of truth; Unto the unity of which faith, till we all come, we cannot be perfect men in Christ Jesus: but are like children tossed to and fro, and carryed about with every winde of doctrine, Eph. 4.13,14. Such are all false Prophets, treacherous Shepherds, or in the Language of Saint Paul, 2 Corin. 11.13,14. Such are all false Apostles; deceitful workers, transforming themselves into the Apostles of Christ, and no marvel, for Satan himself is transformed into an Angel of Light: I may call them according to the metaphor of the text, The Bellweathers of the Flock, the Ringleaders of those numerous Sects, and daily increasing divisi_ons amongst us.

And although each sect and division must ne_cessarily be false and erroneous, because there is but one Truth, and one true way of Divine wor_ship, which is ever constant to it self, yet hath each division its numerous followers of the divided Flock: as silly sheep when a gap is opened, follow one another to the breach to stray from their Pa_sture: So flock the people (if not restrained) into the ways of division and error, if any Sect-master but open a gap, and lead them the By-ways of stray_ing from the Sheepfold of Christ, which is his Church: For such alas, is the sad condition of mans corrupted and depraved minde, as naturally to be more affected with error, then with the Truth; more prone to believe lies, and more zealous in the maintenance of falshood, then to believe and main_tain the Truth: 'Twas ever so, When the Prophets prophesie falsly, the people love to have it so, Jer. 5. ult. but a sad question follows, What will ye do in the end thereof? When the Prophets prophesie Lies, or (which is the same) do make and foment divisi_ons, and the people withall are affected with their lying prophesies, and side with them in their re_spective divisions: 'tis easie then to prophesie and foretell the end thereof to be ruine and confusion: If a kingdom be divided against it self, that kingdom can_not stand, and if a house be divided against it self, that house cannot stand, Mar. 3.24,25. Not the house of God, not the family of Christ, in what King_dom or Nation soever established: All the King_doms and Nations in Christendom, ancient and modern, from the first to these last and worst of times, have felt, by sad experience, the bitter ef_fects of divisions and errors in Religion; and none more then our own, so lately bleeding, even to the last gasp of death, and almost buryed in her own confusions; which took beginning from the prophesying of Lies, and overspreading of mis_takes and errors in Religion, sowing the seeds of Schism, Faction and Sedition, in separate and divided meetings, or Conventicles in private; joyned with a sacrilegious vow-breaking perform_ance of holy duties in Publick: All which are now as much, if not more practised then ever; some of whose Factors and Followers, do really intend, all do certainly tend to involve this Church and Kingdom, into the sad condition of intestine war, blood and Confusion, from whence by the great mercy of God, we so lately escaped.

And now to you, the Reverend persons, who are come to visit us in our distempers and infirmi_ties, to you it belongs, as much as in you lies, to give stop to our overflowing Divisions: To re_strain our licentious exorbitancies, both in doctrine and practice, in Praying and Preaching, and this, whether in the house of God, or in the houses of men: Et fiat Justitia, ruat cœlum. &horbar

FINIS. &horbar |CRE |Y1679 A SERMON OF ANTICHRIST, Preached at Christ-Church, Dublin, Novemb. 12, 1676. &horbar By the Right Reverend Father in God, HENRY, Lord Bishop of Meath. &horbar The Second Edition Revised and corrected by his own hand. &horbar Reprinted at LONDON for Nathaniel Ponder at the Peacock in the Poultry. 1679. Imprimatur, Jan. 13. 1676. Ja. Armachanus. March 4. 1679. H. London.

To His Excellency ARTHUR Earl of ESSEX, Viscount Malden, Baron Capel of Hadham, Lord Lieutenant General, and General Go_vernour of His Majesties Kingdom of Ireland, Lord Lieutenant of the County of Hartford, and one of the Lords of His Majesties most Honourable Privy Coun_cil of both Kingdoms. Most Honourable,

HOW much Ireland (happy in your Government) is above all other Nations in Europe, influenced by the power of Rome, is to Your Excellency well known, as to the world, and by themselves also acknowledged, and gloried in.

But unhappy is it in being thereby, and by Romish Emissaries (of malevolent and factious principles promoting other interesses) carried on fatally, to the disturbance of the peace of the Kingdom. Of this we have had Memorials of former Ages, some of them fresh and bleeding; nor are we even now without jealousies of what may yet be, were there opportunity for it.

This is not to be ascribed to the stars, or clime, or nature of the people, who have had of old the character, justly, of a people peace_able, harmless, affable to strangers, and in themselves, and to all, pious and good. So was it, while the Religion professed by their Forefa_thers was according to the primitive faith of purer times of the Church (although not then without some soil.) And thus find we it even now in those of the Nation who are of reformed and purer principles.

But being in after times corrupted in Doctrine and Discipline, and that the now Religion of the Irish is quite another thing from that of their forefathers (of whom yet they boast themselves Children, both as to faith and blood) we now find the Change great, as in Religion, so in disposition and manners:

On which we collect, that the grounds of our peace from those, must not be Extirpation, but Reformation, by removing those of their false Teachers, who mis-inform and mis-lead the Nation; and our withal instructing the people in the waies of peace and truth.

As to the latter I have observed, no people more desirous than are these to hear and to be instructed, nor any better, being so educated.

In which I cannot but mention and recommend as a president to o_thers, the zeal of a pious and learned Prelate, the present Archbishop of Cashel, who has set himself on that work industriously by instruct_ing the Irish in their own language; and hath already gathered the comfortable fruits of his godly labours, drawing in and retaining ma_ny of the Nation firm in the faith, the number also of such encreasing.

The means for that in former times, and in some of our own me_mories, was the translating and Printing our English Lyturgy, and the New Testament into the Irish tongue, that testifying our care of their salvation, and giving them thereby to understand in their own language the truth we profess and teach, contrary to the mis-informa_tion of others concerning us.

And to this purpose that learned Prelate Doctor Bedell late Bishop of Kilmore (happy in his Zeal and labours that way) to that of the New Testament and Common-Prayer before translated and Printed in the Irish tongue, did add the Translation into Irish of the Old Testament also, with David's Psalms in meter This I have in my hands in the manuscript, and wish it were for such a publick good, printed and published.

In the mean time, to give some stop, if it might be, to the Current of Popery, I conceived it might be convenient and necessary that it be known and declared to this mis-lead people, as to others, who that is whom they so follow, that he is that very Antichrist, by whom they may be carried away by that deluge of Apostacy into perdition, wherby these may by grace be brought to consider their waies.

This is that which is in the following Treatise intended, and is, I hope to some evidenced, which appearing, other points and erroneous Doctrines of Popery will fall, depending on that the principal.

Of this in my late preaching it, I had the honour of your Excellen_cies being then an hearer; and being prevailed with after for publish_ing it, I thought it fittest for your Lordships Patronage, in whose hand is the Government of that people for whom this is particularly design_ed. it was a confident presumption in him, who under the letter I. S. (it may be, far from his name) did offer to your Patronage an in_vective against that Church of which you are, The Church of England your Mother, as not being the Church of Christ, nor any part of it; which had its full confutation by a learned piece, Doctor Andrew Sall, I hope the contrary may find better acceptance from your Excellency, this shewing that the Church of Rome, of which J. S. shews himself to be, is Antichristian, and communion there to be unto some dangerous, and damnable to others.

It is in this my Comfort, which was St. Paul's speaking before King Agrippa) that I speak to one who knoweth these things. And from whom I am perswaded (none of these things are hidden, Acts 26.3.26.) For your Excellency is not a favourer only of Learn_ing, but you your self also learned eminently, and particularly versed in Church Antiquities, on which most of that here spoken, is depend_ing.

Which your affection to Learning appears in your large collection of Books, with which that your rich and compleat Library in England is stored. The fame of which hath crossed the Seas hither, as elsewhere a_broad. There may the learned find knowledge in variety, beside what con_cerns Records both of England and Ireland, such as are not otherwhere, unto which recourse may be had as to a Vatican.

And as to Ireland, considering the few years of your Government over us, I dare confidently aver, that none, so as your Lordship, know_eth so much of the Kingdom, People, Manners, and several Interesses there, and understands better the Measures, for governing answerably; and such a person so knowing, this Kingdom requires.

In your Excellency shines the Heroick Vertue and Courage of that renowned Martyr for King and Country, your illustrious Father; and that well tempered with your own personal Affability taking with, and obliging all; yet to each with a becoming distance of state and place, so as none to presume on more than just favour in Judgment, Ju_stice being to all, and any without difference dispensed.

Tros Tyriusve tibi nullo discrimine habetur.

This is now testified in the present Connaght Court of Claymes under your Government the Irish in that Province, having therein their help, as had before the other parts of the Kingdom their distri_bution of Lands in former Courts of like nature. In which those of Connaght having been post-poned, they were given over as re_mediless, until by his gracious Majesties continual care of his People they were thus considered, and that by your Lordships procurement and management.

God multiply his blessings on you in your Person, and in your Excellent Lady, and Noble Progeny; and make us happy in the continuance of your prosperous Government, generally desired; which are the prayers of

(My LORD) Your Excellencies Most devoted Servant, HEN. MIDENSIS.

THE EPISTLE TO THE READER.

THat between the first and second coming of Christ the Church being settled and propagated by the Apostles and their Successors, there should arise a certain per_son notoriously wicked, an adversary to Christ, an a cruel persecutor of the Church, whom the Scripture 1 John 2. and 4. calls Antichrist, is by Scripture and Apostolical Tradition among Catholicks most certain, and not to be doubted, Say the Romanists. Guil. Estius Tom. 4. in l. 4. dist. 47. sect. 6.

And whereas the Apostles speak of a Mystery of iniquity even then in those very times, working (2 Thes. 2.7.) and that many Antichrists were then in the world (2 John v. 7.) and that there was one other not-yet-come, but in his time to be revealed (2 Thessal. 2.5. 1 John 2.18.)

These together give us to understand Antichrist considered in his several Ages, and gradual appearings( for Rome was not built in a day.)

The knowledge of which Gradual Comming of Antichrist leads us to the better understanding him as to his Person and Appearing: Herein therefore consider:

1. The Preparations to Antichrists Comming. 2. His after-appearing in the world.

1. The Preparations to his Comming, or his being conceived, and but yet an Embrio in the womb's, may be those first times, when that ini_quity did work but in a Mystery that is not yet so openly, as after, and Antichrist not himself yet appearing, but by others his forerunners: cal_led Antichrists: and from their number many Antichrists; and from their chief called also, the Spirit of Antichrist who was to come, (John 2.7.)

This period of time may be extended to the first 600 years of the Church, of which although the first 300 be acknowledged the purer, yet do the later 300, and the whole 600, pass generally under the name of pure, compared with the following.

In which 600 years it is granted, that many Errours did creep in_to the Church; For while the husbandmen slept, or were less vigilant, the enemy sowed Tares among the Wheat, both growing together, as our Lord had forewarned, (Matth. 13.24, to 31.) yet it is not_withstanding confidently averred, that within those 600 years there was not one in the whole world might be properly called a Papist , saith our most learned (after Primate) Usher. Jac. Usheri Christ Eccles. succes. c. 1. p. 18. For as the Title of Pope was not yet appropriated by and to the Bishops of Rome, nor the name Papist from them derived to their followers; so those Errours before stolen in, and crept into the Church, were not then received, nor passed for Truths; some of them being taken notice of, were opposed both in the Eastern and Western Churches, particularly in France, Germany, and even in our own Brittain also. Id. c. 2.

And long after were those erroneous Doctrines of Popery no other among the learned of that side, than Points disputable pro and con, which were after in the Council of Trent, and some others before determined as de fide, to be thenceforth no more questionable.

This was not to be expected within those first 600 years of the Church when was wanting an Universal Bishop and Pope, by whose power a Council might be ordered to adopt those growing Errours for Truths, which after followed. For at the end of that sixth Century, and in the en_tring on the seventh in the year 607. we then begin to hear of Anti_christs appearing in the world. But,

1. In Infancy. 2. After in full age, growth, and strength.

1. Antichrists Infant age, is what next followeth, and may be sta_ted in the year 607, Boniface 3. who by favour of Phocas the Emperor obtained and assumed the title of Universal Bishop, or Pope, which had been ambitiously sought after by John Patriarch of Constantinople, as what he thought was belonging to the chief seat of the Em_pire Constantinople, which his so invading that proud title was, by Gre_gory the great Bishop of Rome, declared a sign of Antichrist's being then at hand, & that whosoever assumed that title was Antichrist or a forerunner of Antichrist: not dreaming how near that by him so spoken was to himself. For while he was eyeing another person, and place this was soon after found in his own See of Rome, and, there, in his very next successor but one, Boniface. 3. he Arrogating that high name of Universal Bishop, not content with Primacy without Suprema_cy: not satisfied with being first among the five Patriarchs, but to be above them also, and they sub_jected to him, and his rule, so he to be over all Bishops, and the Church throughout the whole World subjected to him as chief.

And here see, how near the Pope's two so contrary Titles came in, and began almost together, that of Servus Servorum Dei by Gregory; and Universal Bishop by Boniface his successor.

That also Antichrist had scarcely begun to shew himself in this Western part of the World at Rome, as now in Boniface when near upon that time Mahomet the false Prophet began to appear in the East, both to the bane of the Church: the famous Churches in the East suppressed by the one; and those in the West corrupted by the other.

2. Yet was this but Antichrist's infancy; we have yet to see him in his full growth of strength and stature under following Popes, especially in Gregory 7th. before called Hildebrand, who inlarged the Papal power above all spiritual and temporal, not only Bishops, but even Emperours also being brought under him.

As to the time of Gregory the 7ths Papacy, which was about a thousand years from the destruction of Jerusalem and Temple, by the Romans: In which time of the destruction of Jerusalem was that Fulness of Christ's Kingdom, and its coming in power; That is, the Gospel preached to other Nations, and Jerusalem trodden down of the Gentiles, (Luke 21.24.) Thereby also were the Temple, Jewish service, worship and sacrifices taken out of the way, which, for a time, were hindrances to the course of the Gospel.

In this Christ's Kingdom of the Gospel so come there was to be also a binding up of Satan for a thousand years after, so as the Devil should be restrained, not in that time, to seduce the world so freely, and so generally as before, Rev. 20.1,2,3.) after which thousand years, Satan was to be again at liberty, for mischief, which loosing of Satan was the period of Antichrists being also at liberty, he coming with the work_ing of Satan (2 Thes. 2.9. Satan and Antichrist working by and for each other) Which thousand years were then compleated in the Papacy of Gregory the 7th. mentioned.

And it may be observed in this, what is also found in other great Prophecies, that about the time of their fulfilling mens minds have been then stirred up as by instinct to enquire after that which was to be about that time expected.

So was it about the time of the 70 years captivity, which when at hand, Daniel is then more than before inquisitive and look_ing after it's accomplishing (Dan. 9.23)

So also when the fulness of time came for Christs coming into the world (Gal. 4.4.) how were men then more especially awakened for looking after any waiting in Jerusalem for the salvation of Israel, (Luke 2.25.38.) so as when any eminent person appeared that might carry any likelyhood for it; as Iohn B. he was sent unto, solemnly to satisfy whether he were the Christ (Joh. 1.19,20:) so when the thousand years for Satans loosing, and Antichrists consequently appearing , were expired, the expectations of some were then greater, they ear_nestly enquiring whether Antichrist was yet come? or when? As to the letter (saith Richardus Victorinus) these thousand years are alrea_dy expired, yet when Antichrist shall come, and Satan be loosed, we know not. Rich. Victor. in Apocal. l. 6. c. 7.

Which mens not knowing Antichrist when come, and present, and seen, and (by the time for his coming elapsed) concluded as come. In that we see but what was, as to Christ himself. For the time for his com_ing being fulfilled and he present in the world, and seen and speaking dayly with them, yet was not known (Joh. 1.10,11.) but still expect_ed. So was it as to Christ's Kingdom also; he himself being interrogated, when the King_dom of God should come, he answered that the Kingdom of God is within you, that is among you; that which they saw not, was even then present, and with them, (Luk. 17.20,21.) meaning his Kingdom of the Gospel: so were enquiries after Antichrists comings when he was already come, yet not observed.

But although some were then so to seek, as to Antichrist, not knowing or seeing him when present and to be seen, yet was it not so with all; he being understood of others otherwise, so as even to be pointed at, and de_clared as to his place and person.

Particularly, as to Gregory the 7th. or Hildebrand, of whom Ebe_rardus in Aventinus thus speaketh. Hildebrand one hundred and se_venty years since, was the first, who under colour of Religion laid the foundation of Antichrists Empire. Those Babylonian Priests would reign alone, and equal they cannot endure, they cease not to trample all under foot; they sit in the Temple of God, and are exalted above all that is worshiped; he who stiles himself Servant of Ser_vants, is Lord of Lords, as if he were God. He frames to himself an Empire changing Laws; he establisheth his own, he corrupts, robs, spoils, defrauds, kills, that man of perdition whom they are wont to call Antichrist, in whose forehead that name of contumely is writ_ten, I am God, I cannot erre; he sitteth in the Temple of God ru_ling all and every-where; many say that Gregory is Antichrist. Avent. Annal. Boiorum. l. 7. c. 47. Bm. conc. gen. par. 2. p. 438.

Also in the Papacy of Paschalis 2. a. 1105 Fuentius Archbishop of Florence declared publickly that Antichrist was even then come, and that he did sit openly in the Church, pointing at the Pope; at which the Pope was so nearly touched, that in a Council at Florence of 340 Bishops, silence in that was imposed on that Archbishop.

This is that Pope Paschal, who contended with the Emperor Henry 5th. for wresting from him that priviledge concerning Investiture of Bi_shops, which the Emperors for 300 years had possessed as their right, but the Pope finding himself overpowered by the Emperor, who was then with an Army in Italy, he did withdraw that his challenge, leaving the Emperor in possession of that priviledge as before. And at a solemn Mass administring the holy Supper, the Pope said, my Lord the Emperor, This body of our Lord born of the Virgin Mary, and which suffered on the Cross, as the holy Apostolick Church professeth, I give in confirmation of this sincere accord between us & breaking the Host, keeping part for himself, and giving the other part to the Emperor, he added) as this body of our Lord is divided, so let him be divided from the Kingdom of Christ our Lord, who shall attempt the vio_lating this covenant between us, to which Anathema, so pronounced all said Amen: Notwithstanding which, the Emperor being returned to Germany, that very Pope dissolved all in that done, and called that priviledge which he so confirmed to the Emperour pr�vilegium, not privi_legium (Sigebertus aliique apud Magdebur. Cent. 12. c. 8.)

Baronius also thus mentioneth (a. 1170) Alexander 3. and his Legates Letter to the Pope his Master. Baron. Annal. Tom. 12. a. 1170. Sect. 9. Be pleased most holy Fa_ther, to hear patiently what we say, for my soul is in bitterness; both your devoted Son the most Christian King of France, and the whole Gallican Church are troubled at the scandals, which in the daies of your Apostolat are given by the See Apostolick, insomuch as our own say, that there Satan is let loose to the destruction of the Church, and that Christ is again crucified, and a manifest Sacri_legious person discharged.

Also Joachimus Abbas, a. 1190. saith, that Antichrist is now born in the City of Rome, and is advanced into the See Apostolick. Roger Hoveden Annal. Ricar. 1. p. 388.

It were endless in this to run through the several ages before and until Luther, God having then in those former times discovered Antichrist to some here and there; but more plainly and more generally on the preaching of the Gospel in the Reformation, on which followed that so general a departure as we see at this day from that Babylon, as by that voice from Heaven, Come out of her my people, (Rev. 18.4.)

Considering which clear evidence, and light of this great and so im_portant truth, so generally diffused throughout the Christian Hemisphere, which all may see that will see; it is greatly to be wondered at to find notwithstanding at home, some excelling in knowledge and learning to grope in this, in midst of light, as in darkness, we having the general consent of Reformed Churches abroad.

Having also within our selves the concurring Judgment of famous Bishops and learned men, among whom are our Whitegift, Abbot, Jewel, Andrews, Morton, Davenant, Bilson, Hall, Prideaux, Fulke, Reynolds, Whitaker, and our Judicious Hooker above many. And in Ireland also had we our Usher, Downham, and Bedell, (not to mention others) and the suffrage also of twelve Bishops together deliver_ed by Bishop Downham, desired in the name of the rest to declare their Judgments in it in his Sermon in Christ-Church Dublin, on the 22d. of April, 1627. This was subscribed Nov. 20.1626. by Ja. Armachanus, Malcolm Casselen. Anth. Midensis, Ro. Dunensis, Rich. Corke, Cloyne and Rose, Thomas Kilmore and Ardmagh, Mich. Waterford and Lismore, Tho. Fernes and Laughlin, Geo. Derensis, Andr. Aladensis, Tho. Dromor. Fra. Lymerick.

These are here named for their lasting honours; besides whom are o_thers of former times, and of the present also, not mentioned.

Add our English Book of Homilies approved and published by au_thority, in which is sufficient to shew the Doctrine of the Church of En_gland to the same purpose.

But what needs more than that Excellent Paraphrase on Rev. 20. by the most Learned among Kings, King James of ever blessed memory, proving and concluding the Pope Antichrist, &c. in that his learned Pen and excellent Work, leaving a lasting monument to the World of his being defender of the Faith; A glorious Title descending to him, and to this Royal Family for ever.

By which Learned work of that Great Prince, that Roman beast felt it self so wounded, that their greatest Champion Bellarmine (but under a disguise) was inforced to run in and help; but with so bad success, that thereby occasion was given to Learned men to clear up that Truth, as we find at this day; above contradiction, other than cavilling.

And yet strange it is notwithstanding to see (as was said) some of excel_lent parts in knowledge and learning among our selves now sticking here, some being in that led by a reverend esteem of some others of another Judgment, but so few as to be numbred, and not to weigh in the ballance. Of these, some labour to stave off Antichrist from Rome, for avoyding what they suppose inconvenient, our deriving our Church and Holy Orders, from an Antichristian state, which needed not to trouble them.

But some out of a peaceable inclination, designing the reconci_ling Rome and us in one, or at least not so far to offend that party, as if Rome were to be complemented and obliged thereby to favour our cause or persons the more, were we in their power.

Whereas by such our connivance and silence, not speaking out what is truth, that Rome is Babylon, the Pope Antichrist; and that commu_nion there is dangerous to some, and to others damnable, and by our tender forbearance in this, Popery and that Church doth pass for Ca_tholick, Antient, Holy, and the very way to Salvation. Whereby not few have been seduced and drawn away from the Truth professed, as o_thers may be, who hear of nothing to the contrary; thereby are also those of that communion fastened there, they being confirmed by this our silence.

On which consideration, and that this strikes at the root of Popery; I have been led to this subject.

Which as first was intended but for that Honourable Auditory and place only where it was preached, but by multiplied importunities of many, and being awakened by an imperfect Copy, taken while it was in speaking, which I understood to have been dispersed, and I know not how far, and might be (I feared) to the prejudice of the Truth, and to the advantage of adversaries, I therefore consented to the revising and publishing thereof for avoiding those inconveniencies, declaring this, and none other, to be what I own.

In which as now set forth, are some things more than were delivered in Preaching, yet what was intended, had time permitted; something also is added for further inlargement, which might better pass (I con_ceived) in writing than in speaking.

And although that called a Sermon be swoln hereby above its ordi_nary bulk, it is notwithstanding still short of what may be necessary for the clear opening of this great Point; yet do I stop there notwithstanding at present, supposing there may be an opportunity after offered for defence of that delivered by that opposition, which is not to be doubted this may find from the adverse Party.

Whatever this is, all is submitted to the judicious Reader, desiring Gods blessing it to all, particularly to those, who yet hear not that voice from Heaven, Come out of her, my people, that ye be not par_takers of her sins, and that ye receive not of her Plagues, (Rev. 18.4.)

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

2 Thess. 2. 3. to 13.

V.3. There shall come a falling away first, and that man of sin shall be revealed, the Son of Perdition.

V.4. Who opposeth and exalteth himself above all that is called God, or that is worshiped; so that he as God fitteth in the Temple of God, shewing himself that he is God.

V.5. Remember ye not that while I was yet with you, I told you these things.

V.6. And now ye know what witholdeth, that he might be revea_led in his time.

V.7. For the mystery of iniquity doth already work, only he who now letteth will let, until he be taken out of the way.

V.8. And then shall that wicked be revealed, whom the Lord shall consume with the Spirit of his mouth, and shall destroy with the brightness of his coming.

V.9. Even him whose coming is after the working of Satan with all power and signes and lying wonders.

V.10. And with all deceivablenes of unrighteousness in them that perish, because they received not the love of the Truth that they might be saved.

V.11. And for this cause, God shall send them strong delusions, that they should believe a lye.

V.12. That they all might be damned, who believed not the truth but had pleasure in unrighteousness.

THE words read exceed much the now ordinary bounds of a Text, yet being all of a piece, nothing could be well omitted.

The words are a Prophecy of evil times to the Church, and to the World, by one here termed A man of Sin, (v. 3) and who that man of Sin is, is now the enquiry; and well worthy our enquiry, the import of the matter, and its concern gene_rally considered.

The discovery of this man of Sin, will appear in the descrip_tion here given of him, both in his Rise and Fall His Fall, v. 8. His Rise before, v. 3. These make up the parts of my Text.

His Rise is here under four considerations, by which brought together, this Man of Sin will be discovered who he is.

1. Here is the character, condition and quality, what kind of person he is, a Man of Sin, v. 3. 2. He is also considered as to the place, where he is to be found, Sitting in the Temple of God. 3. Here is also the time when he is to appear in grandeur, when he that did then lett or hinder should be removed, then shall that wicked be revealed. 4. His actions in the world, when he should be revealed, and by which he should be known above others, he opposing and exalt_ing himself above all that is called God, &c. v. 4.

He to whom all these agree, and in whom all meet together, is that Man of Sin, this Son of perdition whom we now seek after.

His condition and quality is herein to be first considered; that he is a Man of Sin.

A Man of Sin is a Scripture-form of speaking for one above others sinful. The word sinner, sometimes imports the greater sort of sin_ners; and where the word sinners is first found in Scripture (Gen. 13.13.) it is said of Monsters of sin, those of Sodom who were sin_ners before the Lord exceedingly. And surely a Man of Sin, in_tends something more than a sinner. Beza renders it merum sce_lus, meer or very wickedness. A Man of Sin (saith Grotius) sig_nifieth some person notably and above all others wicked.

And accordingly is this Man of Sin here one above others sinful, both in life and profession. Therefore called spiritually Sodom, (Rev. 11.8.) and as to Faith and Doctrine; An Apo_state (and what is in that kind worse?) falling away (v. 3.) departing from the Faith (1 Tim. 4.1.) denying the Lord that bought them, and bringing in damnable Heresies (2 Pet. 2.1.) and Doctrines of Devils, forbidding to marry, and commanding to abstain from meats, & c. (1 Tim. 4.1, 2,3.) we know who do so. Of these Apostate Professors are those also of whom St. John speaketh who de_ny that Jesus is the Christ; adding, he is an Antichrist that denyeth the Father and the Son, whosoever denyeth the Son hath not the Father (1 John 2. 22, 23.) And every spirit that confesseth not, that Jesus Christ is come in the flesh, is not of God; and this is that spirit of Antichrist, whereof ye have heard that it should come, and even now already, is it in the world (1. John 4.3. Not that Antichrist, or every Antichrist, denyeth Christ come in the flesh; Some did so; nor do all hereticks speak the same thing, but whosoever shall say that Christ is not come in the flesh is an Antichrist.

In all is to be observed,

1. That all false doctrines and heresies, whether against the doctrine and truth of Christ, of which the Apostle S. Paul speaks (1. Tim. 4.) or against Christ's person or Natures, of whom St. John speaks; both these are against Christ, and such as so teach and believe, are therefore (because against Christ) Antichrist, so as every deceiver is an Antichrist (2. John v. 7.) I Judg (saith St. Hierom) all chief hereticks to be An_tichrist, under the name of Christ teaching contrary to Christ.

2. Hereby we find that there are many Antichrists (1 John 2. 18) and of those many that some were then, in the Apostles. dayes, in the world. (1. John 4. 3.) Apostates from the faith before professed; They went from us, but were not of us saith the Apostle (1. John 2.18,19.

3. Observe, that among those many Antichrists there is one chief Antichrist, see both in 1. John 2. 18. little children, it is the last time, as ye have heard, that Antichrist shall come; even now are there many Antichrists.

In this we find those two sorts of Antichrists distinguished. 1. In number: Antichrists plurally, And many Antichrists; the other but Antichrist singly: one among many. 2. These two also are distinguished in time, Of those many some already come, and then in the World; but that one Antichrist then not yet come, yet expected (2 Thess. 2.) the revealed in his time (v. 7.8.) 3. see that one and chief Antichrist a_bove the rest pointed at Emphatically, by an Article which is in the Greek; not expressed in our English Ho antichristos that Article Ho antichristos or that Antichrist (saith Grotius) points at some one Antichrist among those many more noted. And with like Emphasis is this man of sin, in the Text expressed by that man of sin, The Son of perdition (v. 3.) That wicked (v. 8) and even him, whose coming is after the working of Satan (v. 9.)

4. Observe that great Antichrist in S. John, and this man of Sin in S. Paul to be intended of the same Person; none can doubt but that St. Paul doth speak these things of Antichrist saith S. Augustine. S. Aug in 2 Thes. 2.7 de civit. dei l. 20. c. 19. where and else where we find the same person under several names, under diverse considerations, so called Sodom and Egypt (Rev. II. 8. the great whore (Rev 17.1) Babylon v. 5. and here that man of sin (5) and by St. John, Antichrist. In which variety of names, some one is at present to be principally used, for avoiding confusion; in which I shall choose that of Antichrist, as being a word both Scriptural, and Ecclesiastical, frequently occurring in the Fathers, and Ecclesiastical writers, ancient and modern.

5. Observe that man of Sin or Antichrist, although singularly, and Emphatically, and as it were, personally pointed at, is not not_withstanding to be understood as terminated in any one individual person whatsoever; but as those many Antichrists make up that wicked society of Apostate Hereticks, of what kind soever; so is this great Anti_christ A chief of his great Apostacy, but as one in succession, though diverse in person, so it is said of the Aug. triumph. de potestate, Ecc. q. 3. Art. 7. Pope and Papacy That as to the place and office of the Papacy all Popes from first to last, are but as one Pope, so when they say, the Pope is head of the Church, that is not intended of any one Pope alone, but of any and all in that succesion.

Thus of Antichrist, as here considered in his person, condition and quality. A man of Sin, one in profession and faith, also in life and manners sinful exceedingly; and how that is, will appear after in particulars.

II.

We have next to see this man of sin, as to his place, where he should appear, and is to be expected; sitting in the Temple of God.

Which words The Temple of God, some appropriate to Jerusalem, and the Temple there, so understood properly (saith Grotius) in both Testaments Grot. de Antichrist It seems also to make for this; what is instanced of Cajus one of the Roman Emperours, who caused his Image or statue to be placed in the Temple at Jerusalem to be worshipped: which agrees (say some) with the Text literally, This man of sin, sitting in the temple of God &c.

But this man of sin, or Antichrist, is intended of an Apostate Chri_stian fallen away (v. 3.) such as was not Caius, a Pagan, and never other_wise, therefore not he this Antichrist.

2. Nor is Antichrist one individual person, but a chief in succession; heading an Antichristian State and Faction, therefore not Caius nor Simon Magus, or any other such whosoever; which will after appear more fully.

3. The Temple of God in the Text is interpreted the Christian Church, by the Fathers St. Augustin, Chrysostom, Hierome, Hilary, Theophylact, Theodoret, and others; also by Thomas Aquinas and others of the Schoolmen.

4. Notwithstanding what is confidently averred by some, that in both Testaments, the Temple of God is intended of that Temple in Jeru_salem, the contrary appears; and that the Christian Church is also in that pointed at in both Testaments. So in Zech. 6. 12, 13. Behold the man whose name is the Branch (meant of Christ, Zech. 3. 8. Isa. 14, 1. Jer. 3, 8.33.15.) he shall grow out of his place, and he shall build the Temple of the Lord, even he shall build the Temple of the Lord, and he shall bear the glory, and shall sit and rule upon his throne. In which is not intended the Temple of Jerusalem, as if built by Christ, whose de_struction he declared; those dayes also of its destruction being the time of the Lord's coming to Judge that People, and then setting up his Temple of the Christian Church, where he would be worshipped in spirit and in truth; not any longer in Types and Sacrifices, as in Jerusalem (John 4. 20. 21.23.) And the Christian Gospel-Church taken as Ca_tholique, and of both Nations, is called the houshold of God, built on the foundation of the Apostles and Prophets, Jesus Christ himself being the chief corner stone, in whom all the building fitly framed together groweth unto an Holy Temple in the Lord, in whom they are also builded together for an habitation of God through the Spirit. (Ephes. 2.19,20,21.22.)

And as by the Temple, so by Jerusalem also is the Gospel-Church of Jew and Gentile signified, and that also, as the Church is Militant and Triumphant; Jerusalem which is above being mother of us all, (Gal. 4. 25, 26, 27.)

In which it is to be observed that the state of the Christian Church is set forth in the Revelations by 2 Visions of 2 Women.

One the Holy Christian Church, represented in a Woman cloathed with the sun, and the moon under her feet, and upon her head a crown of 12 starrs, she travailing with Child (shewing her numerous Issue) who was before barren (Isa. 54.I.) she also, and hers prosecuted and persecuted by the dragon, but preserved (Rev. 12. 1, 2, 3. 6. 13, 14, 15, 16, 17.)

But the other woman signifying the Church Antichristian, persecuting the true Professors, and drunk with the blood of the Saints, and with the blood of the Martyrs of Jesus (Rev. 17. 1, 2, 4, 5, 6.)

Observe also that these 2 women (or the Church under these 2 states and conditions) are also represented by 2 Cities, the great City Babylon and Jerusalem: that City named Babylon (Rev. 17.5,18.) being for that Antichristian state: but the other City Jerusalem (Rev. 20.21, & 22.) for the Church of God, the new Jerusalem and Temple; no won_der then if by Jerusalem and the Temple the Christian Church be signi_fied.

5. And, that Jerusalem and the Temple there, could not be the place where that man of sin or Antichrist was to sit, appears, in that Babylon, the city contrary to Jerusalem, is declared Antichrist's seat: Also, that the description given to that City (the seat of Antichrist) no way suits with Jerusalem, see for that (Rev. 17. 6, 7, 8, 18.) where, by Babylon, the Romanists (we need go no further) intend Rome, and for that the Rhemists earnestly contend in their Annotations on 1 Pet. 5.13. The Church that is at Babylon saluteth you (saith St. Peter) which is their Scripture-proof for St. Peters being at Rome. Also Cardinal Baronius speaking of the name Babylon in the Revelation, Certissimum est, &c. it is most certain (saith he) that by the name Babylon, the City Rome is signified; Annal. a. 45. and Cardinal Bellarmine, by Babylons description, agreeing to Rome, concludes out of Turtullian, Notissimum est, &c. (saith he) It is most evident and acknowledged, that Rome is built on seven hills, nor was there any other city, which in the dayes of St. John, had do_minion or reigned over the Kings of the earth, but Rome onely: De Rom. Pont. l. 3. c. 13. & l. 2. c. 2. Rome (saith he) and no other city; not Constantinople, which although after styled Rome, or new Rome, being also seated on hills, yet did not that then in St. Johns dayes reign over the Kings of the Earth. And as to Jerusalem, nothing of all that could be said of it, neither that it was so situated on seven hills, nor then reigning over the Kings of the earth Jerusalem being then with her children in Bondage (Gal. 4. 25.) and that to the Romans; and by the Romans soon after destroyed.

And if Rome be the City for that malignant state, then must the Temple of God be understood to be there, and Rome to be the place for Antichrist's sitting. But it is objected, how the Church of Rome should be then called the Temple of God where Antichrist sitteth.

Res. So was Jerusalem also once the Faithful City. And even when at worst, after their crucifying the Lord, it was then called the Holy City (Math. 27. 53.) having that name from what before it was. So was Rome once famous over the World for its faith (Rom. 1.8.) and the Church there was the Temple of God. And it was an honour to the Church of Rome, that it held out longer than some other Churches and opposed the Heresies rising and prevailing in the Eastern Churches; yet as those famous Churches of Asia, fell from their Pu_rity (particular Churches may fail) so did Rome it self after, and that once faithful city became an Harlot (Rev. 17.5.) as was said of Je_rusalem, and their silver was become dross, and their wine mixt with wa_ter (Isa. 1. 21, 22.) once Pure, now Mixt and Corrupt with Errors and they even Apostate from that Faith professed by their Forefathers: yet from what once was, and from what is yet there left of Good (though mixed and corrupt) that Church is called by the Apostle here The Temple of God and there Antichrist sitting.

The summe of all is, that Babylon, which is acknowledged to be Rome, and the Temple of God there, or the Church of Rome Apostate from the Faith formerly professed, is the place where Antichrist is to be expected and found, which was the 2d circumstance here considerable for Antichrist's discovery: his place: sitting in the Temple of God.

III.

The Next is that of time, when he should appear.

Little difference is between the Romanists and us, as to the place; but the question is of the time, for as the Jewes speak of Christ yet to come, so do they of Rome concerning Antichrist, and that he is ex_pected about the end of the World and at Rome, when Rome shall turn Apostate, but we Assert that Antichrist is already come; and that long since; and that he is even now in the World acting as is said of him: which is to be now examined.

The time for Antichrist's appearing is thus in the text expressed (v. 5, 6, 7, 8.) Remember ye not, saith the Apostle, That when I was yet with you I told you these things? and now ye know what withholdeth that he might be revealed in his time, for the mystery of Iniquity doth work already, onely he who now letteth, will let, until he be taken out of the way, and then shall the wicked be revealed.

Unto this is to be added that in Rev. 17. (both places joyned, making up this whole matter) For in Rev. 17. we read of a woman sitting on a beast with 7 heads (that woman being that great City Rome, and those 7 heads interpreted both 7 hills, on which that city is seated, And also 7 Governments called 7 Kings; Kingly or supreme.

Of which 7 Governments of Rome, it is said that 5 are fallen, and one is, and the other not yet come; and that when he cometh, he must con_tinue a short space, and that the beast that was, and is not, and yet is, which is added (v. 8.) even he is the eighth, and is of the seven, and goeth into perdition v. 10.11.

For opening both which Texts together,

1. It is granted, that Rome is that great City seated on seven hills and ruling over the Kings of the earth. 2. That these seven heads or governments, are Romes seven Govern_ments also. 3. Of those seven Governments of Rome, it is said that five are fal_len: so in St. Johns time were those first five fallen, that is, 1. Kings, 2. Consuls, 3. Dictators. 4. Decemvirs, 5. Tribuni militum (those vested with Consular and Supreme power) which five are so by Livy di_stinctly mentioned: What (saith he) the Romans did, first under their Kings, after under their Consuls, Dictators, Decemvirs, and Consular Tribunes, whether as to wars abroad, or suppressing troubles at home, I have (said he) set forth in five books. (Tit. Liv. lib. 6.) All which their first five chief Governments were fallen away, and not then in St. John's time of writing, in Being. 4. Where it is said, that one is; In that is Romes sixth form of Govern_ment, next following those five before fallen, this sixth being that of C�sars, or Emperours, which is, or then was, when this was written, the Roman Emperours then, and hundreds of years after, reigning in the world, and over the Kings of the earth. 5. That there was another yet to follow, being Romes seventh form of Government, not then yet come, when that was written, but expected: concerning which I shall shew, 1. What kind of Government this is, and how distinct or differing from the former. 2. That for introducing this seventh form of Government, the last foregoing, the sixth, was to be removed; and was removed accor_dingly. 3. That on the removing of the sixth, this seventh succeded.

2. What kind of Government this seventh is, and how distinct and dif_fering from the former: As to Romes former six Governments, they were all civil and military, This seventh is principally Hierarchical or Pontifi_cal. Such a kind of Government was that Priestly and Macchab�an, among the Jews after the captivity, which continued until near the time of Christ's coming; about which time it was by Herod sup_pressed.

And that Antichrist's dominion in Rome should be such, is imply_ed in his sitting (that is in chief) in the Temple of God, the Temple of God denoting as the place, so the person also as to his condition and qua_lity, that he should be Clerical. He shall attain Ecclesiastical dignities, and in the Temple of God shall he sit, holding there the seat or chair of Emi_nency, saith Radulphus Flaviacensis de Antichristo (Levit. c. 1.) apud Magdeburg. (Cent. 10. c. 4.) Also Pope Gregory the great styles Antichrist, Sacerdotem Universalem, the Universal Priest, for whom (saith he) an Army of Priests is prepared, 6. Ep. 28 shewing his Army and Arms spiri_tual, other than before.

Of which Romes Pontificality, it is said (Rev, 17. 8, 11.) that it was and is not, and yet is, and that being an eighth, it should yet be of the se_venth, that is,

1. That this Pontificality was, as is said, that which is now in Rome, is what was also there before under former Governments.

For as to matters referring to Religion, the Romans had of old, in_stituted by Numa Pompilius, their Pontifices or Under-priests; and over them a chief Priest called (Pontifex Maximus) which lower Priests were exempt from civil jurisdiction, and only ordered by him who was Pontifex Maximus, he himself not being accountable to any.

2. Of this Roman Pontificality which was of old un_der the first five Governments; It is said also, that it is not: (Rev. 17. 8.) i.e. then under the sixth Government, that of C�sars (which was that in Being when that was declared to St. John) when was it said that this is not, or then it was not; for the Roman Emperour conceiving the Priviledges of the Pontifex Maximus overgreat, and not safe in any hand but his own, it being independent: therefore he assumed and annexed it to the Imperial Crown; so as it became one of the Imperial Titles, to be Pontifex Maximus, thus continuing untill it was by Gratian a Christian Em_peror altogether abolished; so as that office of Pontifex Maximus which was under the 6. Government was changed from what it was at first by Numa Pompilius, Swallowed up in the person of the Emperour, and after quite abolished, therefore that which was, now is not, or then was not, when that was by St. John written.

3. Yet is it added (Rev. 17.8.) that what was, and is not, and Yet is, there the present is for the future, as is usual in speaking of things to be, It is, i.e. it shall be again, or as now to us, it may be said that it is: being in the Romish Pontificate restored; not as before; be_fore it was an honorable office among the first 5. Governments; they were supream, under which this was, although independent. Nor is it now as it was after under the 6th Government, that of C�sars: it having been then annexed to the Imperial Crown; but now in the Ro_mish Pontificate, this that was, and after was not, now is, being restored and created supream, where we find even the very Title of Pontifex Maxi_mus retain'd, and the priviledges also, which the Pontifices, or under_priests had of old, now again to them reserved; they being, as much as may be, exempted from civil power, and only accountable to him the now Pontifex maximus, and he himself to none other.

4. It followeth to see, how this becomes an eighth head in that Go_vernment, yet but of the seventh (Rev. 17.11.) That is so by the Pope's advancing his spiritual dominion and title above all Powers, the Empe_rour not excepted, and being in his spiritual capacity the seventh, he be_comes now in that exalted Power an eighth, the Priesthood the seventh, being in his exalted Power raised to an eighth head, yet of the seventh, not_ being in his exalted Power raised to an eighth head, yet of the seventh notwithstanding; as to nature and kind this is the seventh, but an eighth, also in degree and power.

But to the introducing this seventh head in the Government of Rome, was the last foregoing (the sixth that of C�sars) to give place, and to be first taken out of the way, This is next to be considered, see it so in the text (v. 5,6,7,8.) which now come in.

This required wary expressions, not thereby to raise persecutions to the Christians from the Emperor; that being a crime L�s� Majestatis. This the Jews objected to Christ. John the 18. 12, 15. and to his Apostles. (Acts. 17.7.25.8.) Therefore we find the Apostle here very circumspect in declaring himself in it, not speaking all, but referring to what he had before told them in the ear, Remember ye not what I told you of these things when I was yet with you? (2. Thess: 2. 5.) and being now to write of the same thing, how darkly is that done? not nameing Emperour or any thing that way, only when he that now letteth shall be taken out of the way, which indeed was the Emperour, by whom that former office of Pontifex Maximus was taken out of the way, and the Emperour also being likely to oppose any other over topping power in that kind; Therefore in order to Romes 7th. head or Government was the sixth to be removed, and that it was so ac_cordingly we find it.

1. In Constantine the Great, (the first Christian Emperour) his changing the seat of the Empire, which was Rome Anciently, and re_moving to Constantinople; thereby leaving the City of Rome, as it were vacant. 2. When by succeding Emperours the Roman Empire was divi_ded, and the Roman Eagle before under one head, having after 2 heads: and spred into the Eastern and Western Empires, and that al_so the seat of the Western Empire was other where than at Rome, there_by was that place left to the Bishops of Rome in a yet farther degree than before. 3. But yet more, when ann. 475. the Western Empire had quite ex_pired, and indeed in Augustulus (as it began in Augustus) the Em_pire having bin invaded by the Goths and other Barbarous Na_tions, by whom also Rome it self was taken, and possessed about 50 years, the Pope himself being also expelled and put to seek, for a time, another habitation, Hereby was the Western Empire determined, and so continued 325 years.

This was the 2. head proposed, the first removeing him that did let, for makeing way for him that was to succeed.

III. It follows to shew the others succeeding accordingly, and that gradually comeing on according to the steps of the former's receding.

1. For on Constantines leaving Rome, and makeing Constantinople the seat of his Empire thereby (Sede vacante) the Bishop of Rome en_tered on the possession of the City of Rome; (the Romanists add): by donation from Constantine, with addition of other large Territories, held in Fee, and in Demeasn for ever. This I pass; it not being my work at present to examine it. In this state things stood about 300 years, Romes Goverment being in that time by its Bishops, yet subjected to the Emperor, by which they were kept within their bounds, for Rome being but one of the 5 Patriarchs, although chief among them, was not yet above them.

2. So continued it untill the Empire determined in Augustulus, an. 475. after which An 607. Boniface. 3. obtained from Phocas Empe_ror of the East, that not the Patriarch of Constantinople (who contended for being Chief) but the Bishop of Rome should be universal Bishop. This Gregory. 1. Bishop of Rome had before condemned in John Patriarch of Constantinople, and by his but attempting it, concluded him, or any so doing, to be Antichrist or his forerunner, and that Antichrist himself was not farr off. And now was the Title of Pope appropriated to the Bi_shop of Rome, which was before communicated to other Patriarchs, and Bishops also indifferently.

And hitherto reached Romes Episcopal and Patriarchal Government, of which it was said that it should continue a short space, Rev. 7. 10. which was about 300 years, that being but short compared with what followed from Boniface 3. when the Title began to swell to its greatness, they being thenceforth Universal Bishops, and Popes above all.

3. But after Boniface 3. Pope Leo. 3. an, 800. made a farther Essay of his power, in deposing the Lawful King of France, and advancing Pipin his Subject to be King, and after created Charlemaine Emperor; both as Champions for the Church, to Expell the Barbarians who had in_vaded Italy, out of whose hands Rome was recovered, and restored to the Pope, with addition of other large Territories.

4. But all this while, the Popes power, was in some things restrain_ed by those Emperours of their own making, who reserved to them_selves the choosing and placeing of Bishops, and the approbation even of the very Popes also.

In this, Gregory 7th. contended with Henry the 4th. Emperour, whom he Excommunicated and Deposed, stirring up against him his subject Rodulphus, naming him Emperour, and giving the Crown, with PETRA DEDIT PETRO, PETRUS DIADEMA RODULPHO.

Of the troubles, bloud, and destruction to Germany in that, I speak not, onely that to this Gregory 7. is by Popish writers that glory given, that he was Imperii Pontificii fundator; others his Predecessors attempted the reaching at the temporal power, but was not till now attained.

And after, the Emperour Henry 5th. coming to Rome to be Crow_ned by Pope Paschalis 2d. the Pope would not consent to his Coro_nation, he first did give over all Right of Election of Popes, and of Investitures of Bishops by Staffe and Ring; In which although that Pope failed then of his end, yet was that after attained.

5. And although, In all this the Pope had gained the point of tem_poral sovereignty, and the gaining also out of temporal hands into the Popes power, the Investitures of Bishops, by which he was in that kind absolute, yet could not that satisfie, while the Pope was over-topped by a General Council, By which he had been oft threatned, awed and some_times deposed.

The removing this therefore, was to be next attempted, and was at length also by Pope Leo 10th. compassed, so far as the Popes Coun_cil at Lateran could do towards it; of which Bellarmine thus Trium_phantly; The last Lateran Council under Leo 10. expressly and professedly teacheth that the Pope is above all Councils, and reproveth a contrary de_cree in the Council of Basil, (citeing the words of the Council, to which he adds) To this nothing can be answered, unless it be that this was no General Council, or that it was not received by the Church, or that this was not their decree de fide. Belarm. de concil. 1. 2 c. 17.

6. But one thing yet remained (shewing, as the Popes power, so his being in that, very Antichrist) which is the confirming those Romish erroneus positions which had been long creeping into the Church, as Tares mixed with the Wheat: and had long passed loose, and un_determined, being onely disputable, controverted, and oft oppo_sed.

These were after, in the Councils of Constance, Lateran, and of Trent, concluded and decreed for Doctrines, and Articles of Faith; and an Additional Creed of 12 Articles of them composed, which were by Pius 4th. his Bull imposed to be subscribed or sworn unto.

In all see,

1. The Removal of Romes 6th. Head or Government, that of Empe_rors.

2. See also the introduceing and growing up of the 7th. from its infan_cy to its full growth; The Church of Rome being before, but as others, a Branch onely of the Catholick Church, now it self passing for The Catho_lique Church, and she the root out of which all other Churches derive and spring, others on this depending, and by that influenced: so doth that Church now boast of her self, of which the Apostle St. Paul in his Epistle to that Church had forwarned them, (Rom. II.18,19,20.) Boast not against the Branches, but if thou boast thou bearest not the root, but the root thee; Thou wilt say, the branches were broken off, that I might be graffed in; well, because of Unbelief they were broken off, and thou stand_est by Faith, be not high-minded but fear, For if God spared not the natu_ral branches, take heed that he also spare not thee.

In which is the Apostles prophecy concerning that Church.

But before this be shut up, one doubt is to be removed, of the Empire being not yet taken out of the way, which we now see in Be_ing.

Res. 1. Of that Empire which was in the Apostles dayes, is that by the Apostle intended, that it should be first taken out of the way, the standing of that being an hinderance to the Succeeding Government. But that Empire was long since extinguished.

2. The present Empire is of another kind, being of the Popes own erection, for restoring, promoting and preserving his greatness; His hand being in that throughout.

So Bellarmine writing of the Translation of the Roman Empire in 3 bookes, he makes the summe of his first book, The Roman Empire be_ing by authority of the Pope, translated from the Gr�cians to the French. And the summe of his 2d. book, The Roman Empire passing from the family of Charles the Great, and the French, unto the family of Otho, and the Saxons, by Authority of the Bishop of Rome. The Title also of his 3d. book is, The 7 Electors of the Empire to have been instituted by Pope Gregory 5th. See the Popes hand in all; he also even now approv_ing and Crowning the Emperour elected.

And therein we find that fulfilled which was prophesied of this Se_cond Beast (the Papacy) Its setting up an Image of the former beast which had a wound by a Sword, that it should live, speak and be worshipped (Rev. 13. 12, 14, 15.) For that first beast (the Emperour) having in Augustu_lus, the last Emperour of that race, received that its deadly wound; It, was by the 2d. beast that succeeded (the Pope) again restored, and an I_mage of the former, made by him an Empire, set up; to which he gave life, so as to speak, and be worshipped, that is, honoured and followed.

But 3dly. observe, that this is but an Image: so is the now Roman Em_peror, compared with what was.

The now Roman Emperor is but an Image of the Ancient Empire, (saith Salmeron) and the Majestie of the People of Rome, by which the World was of Old Governed, is now taken away from the Earth, and the Emperour is now but an empty Title, and is but a shadow onely; So E_berhardus in Aventinus A_vent. Annal l.7. The Emperour of Rome is now but a bare Title without Substance. Ibid. l.5. Neither indeed is that his Title, he is not now Styled Emperour of Rome, but What is, Is onely of Germany; Rome being left for the Pope.

I shall, before I conclude this, add a little touching the greatness of this 7th. Head, or Government of Rome, the Papacy, And that it falls not short of the Greatness of the former Emperours of Rome, according to the Estimate made of both by the Romanists.

For whereas Justus Lipsius his book of the greatness of the Roman Empire, meaning that of old, is styled Admiranda: Thomas Stapleton, (professor at Lovaine) Tho. Stapleton: t. 2. intitles his book of the Papal greatness, Vere Admiranda; shewing that for extent, strength and power over Princes, the greatness of the Papal Empire, is far surpassing; for no marvail (saith he) if the Roman Emperor armed with 30 or 40 Legions, had many Kings at Command; but that the Pope a person unarmed should give Laws to the World, and even to Kings, advancing and deposing them at plea_sure, this is indeed marvailous. He instanceth in Leo 3d. his giving the Empire to Charles the Great.

Leo I. called the Great, Bishop of Rome, speaks thus of the greatness of Rome then, compared with what was before under the C�sars, and its former Governments.

Thou art (saith he of Rome) a Royal and Priestly City; By the seat of St. Peter and Paul in thee, thou art become the head of the world; thy Rule is more by Religion than by Earthly Dominion. For although thou didst formerly Extend thine Empire by many Victories by Sea, and Land, yet is that less which was by warlike prowess subdued, than what is by Chri_stian peace subjected to thee. (Leo Serm. 1. in natali Apostolorum Petri & Pauli:)And Prosper (1 de ingratis) Sedes Roma Petri, qu� pastoralis honoris, Facta caput mundo, quicquid non possidet armis, Religione tenet &horfill;

In all:

1. We see the Papacy, Romes Pontifical head raised above it self, and from a 7th. raised even to an 8th. head. 2. See the 7th. head immediately succeeding the next preceeding (the Emperor) to be the Pope.

3. That this 7th head so next succeeding, to be that Man of Sin, that Wicked (So saith the Text, v. 8.) that he who letteth or hindereth being taken out of the way, then shall that wicked be revealed (2 Thess. 2. 7,8.)

On which thus St. Chrysostom: when the Empire of Rome is dissolved or removed, Antichrist shall invade that vacant place, and snatch at the Empire both of God and Man (Chrysostom in 2. Thess. 2. Hom. 4.)

4. If the Emperor be removed, and that long since, and that man of sin was next following; Therefore must Antichrist be already come, and that long since, and is now in the World. 5. Therefore who would not conclude the Pope next succeeding the Em_peror to be that man of sin, and Antichrist?

Which will appear yet further in the next circumstance.

IV.

Antichrists actings in the world when appearing, by which he might be known among and above others: of that we read here (inv. 4. 9.) He opposing and exalting himself above all that is called God, or that is worshipped. So that he as God sitteth in the Temple of God, shewing him_self that he is God, whose coming is after the working of Satan, with all power and signes, and lying wonders.

These with others mentioned are signs given for Antichrists dis_covery; when in the world, which are to be considered particularly.

1. Antichrist sitting in the Temple of God. 2. Exalting himself above all called God. 3. Shewing himself that he is God. 4. Concerning after the working of Satan. 5. Shewing himself to be Antichrist, an opposer. 6.And in all to be that man of sin, that wicked, that son of perdition.

Some may think the Pope not concerned in these; but what if he be? what if these taken together are all to be found in him; and in him alone, and in none other? then surely will appear, This man of sin, this Antichrist who he is.

I. As to Antichrist sitting in the Temple of God: of that I have spo_ken; his sitting there speaks him as chief there, which being by the Pope challenged, and asserted by his, as his propriety, of that needs no more to be spoken, the Popes so acting; and he alone, and no o_ther in the world beside him. II. As to his exalting himself above all called God.

And who are they that are called Gods? This is in Scripture said of Princes and Magistrates, I have said that ye are Gods, but ye shall dye like men (Psal. 82.6,7.) they are but called Gods, not so indeed, for they dy like men, and that I have said ye are Gods, shewes their Title to that their high name of Gods, that it is, from God, who saith it so of them, that is, from his word; he calleth them Gods to whom the word of God came (John 10.34,35,36.) that is, by God commissioned and ordained (Romans 13.12.) standing in his place, and so, to be subjected to, according to their degrees in Government, whe_ther to the King as supream, or unto Governours under him (1 Pet. 2.13,14) and from this subjection are none exempted; let every soul be subject &c. The Apostles were not exempted, nor is the Pope: This God Commands; yet see in this, The Pope exalting himself above all called Gods, even Em_perors as vassals to him, causing them to hold his Stirrup, and Kiss his feet; Celestine 3. crowned the Emperor, Hen: 3. with his toe; Popes also setting their feet on the necks of Emperors, as did Pope Adrian 4. and Alexander. 3. Also disposing crowns, and deposing, and advancing at pleasure; which by Aventinus is said of the Popes from Gregory 7th. to his time Avent. annal. Boyor l. 5. p. 447. Hildebrand who is Gregory 7th, first founded the Papal Em_pire, which his successors for 450 years carryed on, notwithstanding the oppositions of the world, and Emperors resisting, so as high and low were brought under and subjected to their yoke; According to their will they cast down from heaven to hell, and exalt from hell to Heaven again.

And what in this they practise they avow as due and proper to them, and to them alone; of which therefore I need say no more. In the Pope therefore, and in him alone, and in none other is this sign of Antichrist found, that he exalteth himself above all called Gods.

III. It followeth, His sitting in the Temple of God, shewing himself that he is God: Tu es alter Deus in terra, Thou art another God upon earth. was the speech of Christophorus Marcellus in the very Council of Lateran to Pope Julius 2. the Pope himself being present, (Con_cil. Lateran. Sess. 4.)

And in the Gloss on the Canon Law he is called our Lord God the Pope Extra. Joh. 22. deverb. signif. cap. cum inter. And whereas the word God, (so said of the Pope) was by some thought too much, and in some Editions omitted, we find the censure of the Gloss by Pope Pius 5; and the Gloss of the Canon Law revised by Cardinals and learned men deputed for it by Pope Gregory 13. in both, the word God before omitted, to have been restored and put in again, and that by the Popes allowance: now it being what was, our Lord God the Pope.

Nor can it be otherwise intended, but that the Pope should be so esteemed, while they stick not to ascribe to him Attributes proper to God, as Omnipotence and Infiniteness. The Pope (say they) may do whatsoever God doth; nor can it be known what the Pope can do, for the power of the Pope is infinite, and what is infinite is not known;Anto_nin. p.3.t. cp. 22.5. �. 6. and what the Pope doth is reputed as done of God, for what the Pope doth, he doth as God, not as man.De_cius in cap. Can. de don_stit. n 16. Which the Popes Omnipotence is by them averred by Scripture; all Power in Heaven and Earth is given me; which was said by Christ of himself. (Mat. 28.8.) and that is said of the Pope also; that Power of Christ being challenged by the Pope his Vicar; nor that as to Heaven, and earth only, but (beside their Purgatory) even to Hell also; so as his power seems to extend so far as to deliver from Hell (whence is no redemption) and to forbid and command, when they please, and whom they think fit to be kept from thence, Bulla Cle.6. Nolumus -- We declare it our pleasure, that the Punishment of Hell be not inflicted on such as are signed by the cross (those imployed by the Pope on his busi_ness.)

And as Omnipotence and Infiniteness, Gods attributes, are attributed to the Pope; so is Adoration also, which God challengeth as proper to him self onely. I am the Lord, that is my Name, and my Glory will I not give to another, neither my praise to graven Images: God speaking of his Worship (Is. 42.8.) He only is to be served, or worshipped (Math. 4.10.) but to the Pope are Religious adorations given in a most solemn man_ner, while the new elected Pope is placed on an Altar: and there seated in his Chair, with his Crown, and in his Pontificalibus, adored by all present Cardinals, Ambassadours of Princes, and all of all degrees de_scending from their places, and with prostrations worshipping him Lib. cerem. I. �. I. fol. 16. And is not this a sitting in the Temple of God, as God, shewing himself that he is God?

IV Further, a mark and sign of that wicked one is, that his coming and Acting, is after the working of Satan, with all power and signs, and lying wonders; and with all deceivableness of unrighteousness in them that Perish, because they received not the love of the truth, that they might be saved; for this cause God shall send them strong delusions, that they should believe a Lye. 2. Thess. 2.9,10,11.

This (say some) shews Antichrist to be a Conjurer and Compactor with the devil, and such (saith they) was Simon Magus, and he Anti_christ. But such we knew were Popes also, as (to mention no more) Sylvester. 2. Benedictor 9th. Gregory. 7. which I pass at present.

Neither insist I on those wonders by these acted, whether seeming real by Satans working with them or for them; or that they be lying wonders, whether feigned, or imposed as true; or lying, serving for confirming lyes and untrue doctrines of men; nor speak I of those ridiculous fables, with which their Legends of Saints are stuffed, such as may be wondred how learned and prudent men should give credit to them (if they do.) And if they do; it must be surely from Gods giving them over, Judicially to believe a lye; they not receiving the love of the truth (so is the Text:) The seat of the beast on which the An_gel poured out his vial, and his Kingdom is full of darkness (Rev. 16.10.)

But I look on this here rather as a sign, and mark of Antichrist by which he should act, and be known in the World, his Antichristian Church boasting of wonders, making miracles a sign of the true Church, and upbraiding us with our want (they say) of Miracles.

To which we say. 1, That for the first introducing of truth, miracles might be necessary, but that truth being once received, such miracles were after unnecessary; such were in the first planting of the Gospel, done by Christ and his Apostles, which we challenge as ours. But that truth then delivered to the saints being received and believed, what now need we more, or any renewed miracles? For, miracles and wonders, as tongues, &c. are for unbelievers, not for them that believe, (1 Cor. 14.22. and it shews a novelty in those Popish Doctrines, that need fresh confirma_tions, and shewes them unbelievers that seek such. But in this is a pro_per mark of that Antichristian Church, that and no other sort of professors or People in the world, but Rome only and the Pope, adhereing so to miracles.

V. But to proceed, Another mark of this man of Sin, by which he is known, is, that he opposeth himself; that is, to Christ; therefore cal_led Antichrist.

Obj. But how, can that be said of the Pope; he being for Christ, and his Vicar: for him, and not against him?

Resp: But the word Antichrist may signifie both pro and con, for and against; and both here applicable.

1. For Christ; anti sometimes signifies for, or in the place and room of another; so Archelaus reigned anti in the room of his father Herod (Mat. 2.22.) So pretends the Pope to be for Christ, in his place and stead, his Vicar on earth.

This is agreable to what we read of Antichrist, what kind of adver_sary he is: not such as is the Turk, an open and declared enemie to Christ and Christians; but such an one as sits in the Temple of God; profess_ing to be for Christ, yet to him an underhand enemy; so saith Anselm: they seem or pretend themselves servants of Christ, and of his Family, when in truth they are the Ministers of Antichrist (in 2 Thess. 2. 2. they there_fore who contend earnestly for the Turks being Antichrist, must be greatly mistaken.

2. And yet while this Antichrist pretends himself Thus for Christ, and for being his Vicar, see him even then opposing, he that opposeth, is his description 2 Thess. 2. 4. under the name of Christ acting for Anti_christ, as was said of Gregory, 7. who was pointed at as Antichrist. As hath been shewed out of Aventinus.

And to shew the Pope to be this Antichrist opposing Christ and con_trary to him, see him contradicting and countermanding Christ's Will and Commands: I instance only at present in those Christ's two ordinances, his Word and Sacraments.

1. His word. We are by Christ our Lord commanded to search the Scrip_tures, for in them we have eternal Life (John 5. 39.) unto which ye do well that ye take heed, as unto a light shining in a dark place; saith S. Peter. (2. Pet. 1.19) and we find Timothy commended by St. Paul, that from a child he had known the holy Scriptures, which are able to make wise to salvation, they being profitable for doctrine, for reproof, for cor_rection, for instruction, in righteousness, that the Man of God may be perfect, throughly furnished unto all good works (2. Tim. 3.15,16,17.)

Hear now the Pope in this; search the Scripture (saith Christ) do not search them, saith the Pope; It is well done that you do it, saith St. Pet. It is not well done saith the Pope; They are profitable, saith St. Paul, they are dangerous saith the Pope. They are a light shining in a dark place, saith St. Pet. they are dark saith the Pope. St. Paul commends Timothy for being from a child acquainted with the Scriptures, they are not for Children, saith the Pope, And much more of that kind; see him in this Antichrist opposing Christ his Word and Commands, contradicting and countermanding, And whom in this we should obey, God or man, Judge ye. Acts 4.19.

2. As to the Sacrament of the Lords Supper, our Lord gave the bread broken, a sign of his body broken, and after that the cup; the wine poured out being his bloud in his death shed for us, commanding so to do till his coming again: and as to the Cup particularly (foreseeing what would be after by opposers to the contrary) our Lord added in that ministration, Drink ye all of this (Math. 26.27.) it being said, that accordingly, they did all drink of it, (Mark 14.23.) which, all to drink; and all drinking, is in the wine expressed; and implyed onely in the bread. Which Institution and command of Christ our Lord in that, being his will and testament left to his Church, is to be as his last will, observed to the last, and ought not to be changed in the least, no, although it had been but mans Testament onely (Gal. 3.5.) yet see Christ in that by Antichrist opposed, Take the Bread, and also the Cup (saith Christ) not so saith the Pope, the Cup may be spared; for Christs bloud is in his Body by concomitancy; and taking his Body, ye have by con_sequence his Bloud: But here it is understood that his Body is given broken, and his Bloud shed, both setting forth the Lords death, and not otherwise; which countermand to Christs command in that, is with a non obstante; licet &horfill;. Although that Christ and the primitive Church did administer the Sacrament in both Kinds; notwithstanding, is this custom of but one Kind to be held for a law unreproveable. (so is it ordered in the Council of Constance. Sess. 13.) And the Council of Trent after; This Synod being taught by the Holy Ghost; and the custom and Judg_ment of his Church doth declare and teach that the Laiety and Clergie not celebrating, are not obliged to take the Sacrament of the Eucharist under both Kinds, notwithstanding that Christ did institute this Sacrament under both Kinds, and so gave it to his Apostles (Concil. Trident sess. 21. c. 1.)

And is not the Pope in this an Antichrist? to Christ an opposer? he that opposeth? Text v. 4.

VI. Rightly therefore is this that man of Sin, that wicked here in_tended, which is his next mark here: and how agreeing to the Pope, notwithstanding his Holiness, remains now to be shewed.

1. And that the Pope is that Man of Sin, and wicked exceedingly, even above others, appeareth in his mouth of Blasphemy; though looking like a Lamb, or like Christ the Lamb, yet speaking as a Dragon, Rev. 13.11. or as that Dragon the Devil; what else is that his shewing himself as God, exalting himself above all called God, &c. before mentioned? what other is his Antichristian Commanding and opposing contrary to Christs will and Commands?

2. And as speaking like a Dragon, so acting also like him in all cruelty, drunk with the bloud of Saints and Martyrs of Jesus; particularly of the Waldenses, Albigenses, and others, long before Luthers opposing Popish Errours, and with their lives witnessing for the truth against Popery. There are extant accounts of above one hundred thousand of them (that number is by some doubled) suffering by the Tyranny and cruelty of Pope Innocent. 3.

Vergerius also, well acquainted with the method and actings of the Inquisition, speaks of one hundred and fifty thousand in less than 30 years so suffering.

And from the first rising of the Jesuites, to the year 1580, about 30 years, are about fourscore and ten thousand Protestants said to have been destroyed.

In France alone, in the Massacre of Paris and elsewhere, an. 1532. The French Kings Letters to the Pope, glorieth of 70 thousand (he said) Hereticks slain in few days; but to the lasting shame of Popish cruelty and perfidy to Generations.

And can the bloudy butcheries of poor Protestants by the cruel Irish in Ireland be in this forgotten, when about one hundred thousand perish_ed anno 1641? yet to that Impudence is that now risen, as to disavow any such Rebellion of the Irish, or such their murders of the innocent Protestants in Ireland; but daring to averr on the contrary, that they them_selves were the sufferers, and that by the English and Protestants: Of which, if there shall be opportunity offered by an answer to this sub_ject, which is expected, this shall be then verified to the World.

And if the Invasion, anno. 1588. or the horrid Gunpowder-Treason, Nov. 5. 1605. had taken effect, more of their cruelty would have ap_peared.

Such is that Antichristian cruelty; and that yet worse, in its being grounded on their very Doctrine, Religion, and Faith; they being taught, that they ought so to do: thereby thinking that they do God service (John 16. 2.) and that to themselves also, in so acting Meritori_ously.

Which Bloud-thirsty cruelty against the Worshippers of Christ, sticks as a distinguishing mark of this Romish and Babylonian Antichrist, in being drunk with the bloud of the Saints, and Martyrs of Jesus. Which is pe_culiar to those alone, not to be found in any other party of the Chri_stian World beside. In that is this a man of sin above others, and wicked exceedingly.

3. Add that the being a man of sin, is as it were fixed to the very Pa_pacy it self, so as even its very Office, incapacitates to Goodness. They cannot do good if they would, in reforming what they are convinced is evil.

Adrian 6. Convinced of the Corruptions objected by the Germans to the Court of Rome, and resolving to reform, at least in part, and in some; and declaring himself for it, was by Franciscus Soderinus, Cardinal of Preneste, called Cardinal of Volaterra, diverted from at_tempting any thing in that kind, but directed rather to the ways of his Predecessors, with Fire and Sword to prosecute those, who object_ed those Errours to the Court. His Oration to the Pope to that pur_pose is extant.

On which, Pope Adrian discoursing after, privately, with William Excourt, whom he after created Cardinal; and Theodorick Hesius, his familiar and trusty Friend, said, That the condition of Popes was misera_ble, seeing it was plain that they could not do good, though they desired and endeavoured to do it. Piatro. Suav. Polon Histo. Tr. p. 24.

Which agrees with what Onuphrius writes of Pope Marcellus 2. who on something a like debate with his Cardinals, and they dissenting from what the Pope proposed for good, he striking the Table with his hand, said, I see not how those can be saved, who are in this high place in which I am.

Platina also writes of Pope Celestinus 5. that he deposed himself, and gave up the Papacy, Ut salvus esse possit, that he might be saved; which was said to have been cunningly suggested to him, as by a voice from Heaven by the Artifice of Benedictus Cajetanus, who thereby made way for succeeding him as Pope, by the name of Bonifacius 8. Plat. in Vit. Celest. 5. & and Bonifac. 8. Also Pius V. C�m essem Reli_giosus spera_bam ben� de sa_lute anim� me�; Cardina_lis factus exti_mui; nunc Pointi_fex crea_tus pe_n� de_spero. Concil. e Ge_gist. com. in Num. II.II

4. And lastly, As to Holiness, which is the Popes Title, let no man think of finding Holiness among them; For if they prove but indifferent good, or not so evil as other mortals use to be, they are accounted most ho_ly, saith Papirius Massonus (De Episc. Urbis 1. 6. in Julio 3.)

To which add what Sir Edwin Sands observes of a Proverb in Italy, (and proverbs founded on observation, have a strange tendency to truth) That of the Italians, the Romans are the worst Christians; of the Romans the worst are made Priests, of the Priests the worst chosen Cardinals, and of Cardinals the worst commonly elected Popes. (Spec. Europ�.)

In which we see him, as Antichrist, so a man of sin also.

The summe of all is,

I. That what that great City Babylon of the Chaldeans was, as to oppression and cruelty, to Gods people of old (Jer. 51.34,35.) That should be to the Christian Church, another great City called also in a Mystery Babylon the mother of the Abominations of the Earth, drunk with the Bloud of the Saints and Martyrs of Jesus. (Rev. 17.5,6.) II. That this great City Babylon, described a woman sitting on 7 moun_tains, and reigning over the Kings of the Earth (Rev. 17.9,18.) is ac_knowledged to be Rome. They therefore who send us to Jerusalem, or Constantinople for the place, put us out of the way in that enquiry. III. That in Rome, should sit one, by whom (after the Faith there settled) the inhabitants of the earth should be seduced, and drawn into dam_nable Heresies: and that he the authour of those miseries and mischiefs to the Church, should be a man of sin commonly called Antichrist. This the Romanists themselves acknowledge. IV. That in so doing, this Antichrist should sit in the Temple of God, as being of the Church, and over the Church in chief, pretending for Christ, he the while acting against Christ. A seeming friend, but secret enemy; a secret, not an open, declared and professed enemy to Christ and his followers. Therefore cannot this be the Turk, or any such. V. That this Antichrist, sitting in the Temple of God, should be in the capacity of a seventh head of the Government of Rome, next succeeding the sixth head or Government there, (that of C�sars) This brings it home to the Papacy, That and none other being the 7th. and that also long since on the Emperours removal setled. Vain therefore are alle_gations for any others being this Antichrist, not being of Rome, nor there so qualified. VI. That the Pope sitteth in the Temple of God, as God, shewing himself there as God, and exalted above all that is called God, and wor_shipped. VII. Here is to be added what is (in Rev. 17.3,4.) said of that wo_man, that great City, and Babylon: That she did sit on a scarlet colour_ed Beast: and that she (the woman) was arrayed in purple and scarlet co_lour, and decked with Gold. In which she is described as to her very Habit; the proper attire both of Popes and Cardinals. VIII. Nor is to be omitted, what is (Rev. 17.5.) said in a way of further description of that woman; that upon her forehead was a name written, Mystery, Babylon the great, the mother of harlots, and Abo_minations of the Earth. Concerning which is observed, that as the High Priest under the Law, had in the Front his Miter engraven, HOLI_NESS TO THE LORD (Exod. 29.36,37.) So the summus Ponti_fex, the Pope, had also in his Tiara, that name, Mystery. Which having been observed and objected by King James of blessed memory, in that his Excellent Work on the Revelation, Lessius, his Antagonist, denies it not, but labours to put it off slidingly: nor could it be de_nied, there being many Eye-witnesses to averre it Down. de Antichr. l. I. c. 7. which his name of mystery, well agrees with that mystery of ini_quity, by which his evil and secret workings are described, (2 Thess. 2.7.) one (not unlikely) referring to the other. But from God it is (sure_ly) providentially, that that word mystery should so be seen in the whores forehead, shewing who she is; notwithstanding that they who contrived it, might have had other ends in it; as that the Popes Triple Crown, pointed to that mystery of his Triple power and dominion in Heaven, and in Earth, and in Purgatory.

So as in the Papacy concur all these Scripture-marks of Antichrist, And although some may be applicable otherwise, yet are the princi_pal proper to the Pope alone; and taken altogether, not meeting in any other but in the Pope only. Therefore on the whole, who would not conclude the Popes being Antichrist; the man of sin; and son of Perdition.

II. By which last, His being said to be a Son of perdition, I am brought from Antichrists Rise, to the last consideration here con_cerning him, Antichrists down fall, which follows on the other ne_cessarily; for if he be a man of sin, he must be a son of perdition.

Of this his fall it is here said, that the Lord shall consume him with the spirit of his mouth, and shall destroy him with the brightness of his come_ing (v. 8.) that they all might be damned who believe not the truth. (v. 12.) where is distruction

1. To him. 2. and to his

1. To himself 1. His being consumed 2. Destroyed

1. That he consumed by the breath of the Lords mouth; The breath of the Lords mouth is the preaching of the Gospel which is the word of God so Generally interpreted; And to be consumed implyes a lingring wear_ing away, and by degrees wasting, and decaying; not a violent and suddain destruction, such as was Simon-Magus his down-fall, said to have been on St. Peters breath or prayers against him.

Of this Consumption of the Papal power and greatness by the preaching of the word and Gospel in the world, we have apparent evi_dence. I shall give it as by Bellarmine expressed, he by that waining in the Papacy, arguing, against the Popes being Antichrist, Antichrists great_ness and prevailings in the World, being much spoken of, whereas his fall and declining state, is also described as is his greatness. Bellar_mines words are these:

Since that time when ye (Protestants) say the Pope began to be Anti_christ, the Papal Empire was so far from increasing, that thenceforth it every day more and more declined, And (as you would have it) Antichrist reigning, the Roman See hath by little and little decayed, it having lost al_most all Africa, a great part of Asia; all Greece and even in our very days a great part of Germany, Sweden, Gothland, Norwey, and all Denmark, A good part of England, France, Helvetia, Poland, Bohemia, and part of Hungary are fallen away. (Bellarm. de Rom. Pontif. 1. 3. c. 21.) This way by Bellarmine written an. 1577, as appears in the Preface to that work, so as that decay in the Papal Empire was then within the space of 60 years, accounting from the year 1517, the time of Luthers Preaching (of which he speaks) declaring the Pope to be Anti_christ: What then may be the consumption and decay there at this time, being 150 years since?

2. But that Consumption of this son of Perdition, shall end also in de_struction, utter and irrecoverable: whom the Lord shall destroy with the brightness of his coming.

See this Rev. 17, where the ten horns of that scarlet coloured beast, on which that woman Rome sitteth, are expounded, ten Kings which had not then received their Kingdom, but were to receive power as Kings one hour with the Beast (v. 12.) These were states of the Western Em_pire, which on the decay of the Empire did setup for themselves, all with one mind giving their power and strength unto the beast, and making war with the Lamb, who shall overcome them (v. 14.) But those ten horns shall hate the whore, and make her desolate and naked, and shall eat her flesh and burn her with Fire (v. 16.) For God hath put in their hearts to fulfill his Will, and to agree and give their Kingdom unto the Beast, till the word of God should be fulfilled (v. 17.)

Which fall of Antichrist in several degrees is declared by several Angels in that imployed.

1. An Angel preaching the everlasting Gospel (Rev. 14.6, the be_ginning of Antichrists fall, and gradual consumption. 2. Another Angel declaring the downfall of that Antichristian state. (Rev. 14.8.) 3. An Angel forbidding the worshipping the beast or his image, and receiving his mark in his forehead, or in his hand, denouncing judgments on such (Rev. 14.9,10,11.) 4. An Angel calling out of Babylon, and to separate from her, not to partake of her sins and plagues, (Rev. 18.4,6.) 5. And another Angel giving a sign of irrecoverable destruction, by casting as it were a milstone into the Sea, saying, Thus with violence shall that great City Babylon be thrown down, and shall be found no more at all, (Rev. 18.21.)

Thus of Babylon, Rome, and Antichrist's fall, as to it self considered.

II. See that also as to their Adherents, in which our charitable thoughts of them have been by wrong measures mistaken to some dis_advantage: that which we say in that, is:

1. That there was a time when Antichristianism was a mystery, not understood, Antichrist not being yet so declared as after.

2. And that after Antichrist was pointed at in the Church of Rome, yet while erroneous doctrines there were but disputable, not imposed, as after in the Council of Trent, to be de fide, with an Ana_thema to such as thought of them otherwise, and to such as did not understand the reach and depth of those evils; and where the light of the Gospel is shut out, as in some places, and the knowledge of that denied, and persecuted. For these, is our charity grounded, to say well of them, as of those of Thyatira, who had not known the depths of Sa_tan, as they speak (Rev. 2.24.) and those of Pergamus, dwelling even where Satan's seat is; yet (saith our Lord) thou hast held fast my name, and hast not denied my Faith, even in those dayes wherein Antipas my faithful Martyr was slain among them where Satan dwelleth (v. 12.) To be among Hereticks, and not to believe Hereticks, or not being led by them, is St. Augustine's distinction in that case; such ignorance may excuse.

But as to ignorance affected, having Light, and means of know_ledge, and when called on to come out of Babylon, its ruine being de_clared, and communion there declared perillous; To such we say, that their continuing so in that state, is hazardous and full of danger: Nor can such rely on ignorance, it not in that case excusing. For in this is condemnation, where light is come; and men love darkness rather than light (John 3.19.) and where the leaders of the People cause to err, they that are led of them are destroyed (Is. 9.16.) and the blind by them so led; both fall into the Ditch. (Math. 15.14.)

4. But as to those who are knowing and who defend and plead for Baal, seducing, and being seduced, and so continuing, the state of such is declared damnable; that they all may be damned, saith the Text who believe not the truth but have pleasure in unrighteousness (v. 12.) and to such belongs that evil by the Angel declared, if any man worship the beast and his image, and receive his Mark in his forehead, or in his hand, the same shall drink of the Wine of the wrath of God, which is pou_red out without mixture into the Cup of his indignation, and he shall be tormented &c. Rev. 14.9,11. let such consider their State seriously and seasonably.

And now to conclude with a word to our selves, that as we are to bless God for calling us out of that Sate of evil, so to be confirmed in the truth, and not to fall back, whatever the Temptation be, good, or evil, saving life, or loosing it; and that we desire the Lords grace in that for help and support.

All which I shall shut up in the words of the Apostle, next after my Text (v. 13,14,15,16,17.) We are bound to give thanks alway to God for you, brethren, beloved of the Lord, because God hath from the beginning chosen you to salvation, through sanctification of the Spirit, and be_liefe of the truth whereunto he hath called you by our Gospel to the obtaining of the glory of our Lord Jesus Christ: Therefore, brethren, stand fast, and hold the traditions which ye have been taught, whether by word or by our Epistle: Now our Lord Jesus Christ himself, and God even our Father, who hath loved us, and given us everlasting consolation, and good hope through Grace, comfort your hearts, and stablish you in every good word and work: Amen.

FINIS. |CRE |Y1682 AN OLD WAY OF ENDING NEW CONTROVERSIES; IN A SERMON PREACHED To the COMPTROLLER, and the rest of the Gentlemen of the Honoura_ble Society of the Inner-Temple: On Sunday the 8&thsup; of January 1681/2. and at their special Desire Printed. &horbar By THOMAS PITTIS, D. D. one of His Ma_jesties Chaplains in Ordinary. &horbar Quisquis ab Ecclesi� segregatus adulter� jungitur, � promissis Ec_clesi� separatur.Cypr. De Unitat. Eccles, Cath. Pag. 181. Ameinon para Idiōtou t'alēthes, ē para sophistou to pseudos mathein Isidor. Pelusiot. Epist. Lib. 4. Epist. 67. &horbar &horbar LONDON, Printed by J. R. for Joanna Brome at the Gun on the West-End of St. Paul's Church-Yard, 1682.

&horbar &horbar To the Honourable the Comptrol_ler, and the rest of the Socie_ty of the INNER TEMPLE. Gentlemen,

THat I expose an accidental Ser_mon to the world, who have al_waies been so shie and wary; is only from the force of your command, delivered to me with that usual state (though complement too) which became men who at the time of preaching it had the Government of their house in their own hands. I owe much excuse to the world but cannot reasonably owe any to you, because your Judgment upon it ju_stified the Discourse; and your Autho_rity enjoyn'd me to deliver up the Copy. I was the more encouraged to do it, because I heard you had made a Loyal Address to the King; with which, I hope the Sermon doth not in_terfere. If you, or others may receive Advantage by the Perusal, I care not whether it please the Multitude or no; (for Physick is not acceptable to the Pa_tient) but shall rest satisfied that I have observed your Commands: and that a Learned Body of Ingenious and Gentile Men are engag'd to defend it, whilst I remain,

Gentlemen, Your most Obliged, and most Obedient Servant, THO. PITTIS. Jan. 13. 1682.

1 John 2. 24. former part. Let that therefore abide in you which ye have heard from the beginning.

AMongst all those various broods of Sects that ignorance and wilfulness have spawned in the World, there is none but is covetous that Antiquity should Patronize it; never decrying its venerable Testimony, nor fearing its ora_culous Answers, but when they distrust its votes opposite to their present espousals; Gray hairs being as well the Glory of an Opinion, as the Crown of the Old man. Hence is it that both Nations and Families have had such severe Contests with each other, concerning the time of their first rise, that from thence their Pedegree may appear Ancient, and they might gain re_nown from the date of their Original. And as in Persons and Opinions, so in things too, quo antiquius e� melius, by how much the more Ancient a thing is, by so much the more is it prized and va_lued by those that covet a strict inspection into the Periods that did preceed their own, who measure the proportions of an infant World, and thus antedate their own Beings: How precious is a Script of Tris_megistus? Or the least Workmanship of an inspired Bezaleel? The smallest Leaf of Solomon's Herbal would be deemed a Pre_sent Noble enough for the greatest Mo_narch; How do we prize an old piece of Roman Coin? Or an antiquated Grecian Monument? Nor is this a Truth recei_ving a general impress and confirmation, in respect of Artificial and Philosophical Objects; but even Divinity too, having for its Author the Ancient of Days, values that which carries Age furrowed in its Face, and has Gravity and Years visible on its Brow: And nothing seems more to as_perse and disparage whatever wears the Title of Religion than to accuse it of No_vity, and to bear the date of a late Invention: Hence Haman endeavoured from this Topick to brand the Jews, in that they used other Customs different from the an_cient Laws of the Persians, that their No_velty might render them odious to the King, being a crime it seems sufficient to ruin them, when Mordecai could not bow to so insulting a Favorite: Esther 3. St. Paul when he Preached the Gospel at Athens, had pre_judice raised against the Truth of his Do_ctrine, by affirming him only to be a set_ter forth of strange Gods, and introdu_cing new propositions into the World; Acts 17. Celsus when he professedly wrote against the Truth and Divinity of the Christian Institutions, thought he had cast sufficient blemish and contempt upon its Authority, when he had satisfied the World that it was new and unheard of: Orig. contra Celsum. Lib. 1. And Eusebius assures us that it was a common stratagem, and usual contrivance for the Christian Re_ligion from its first entrance, to be reproa_ched with its strangeness and novelty; Euseb. Eccles. Hist. Lib. 1. Cap. 4. all mankind (as it seems) measuring the truth of things by their Antiquity, and general reception; and if we approach nearer to our own Confines we shall find the two great struglers for the Western Empire of Conscience and Religion, still endeavour to Crown their Opinions with old Age, and to gain both Strength and Honour to their Establishment from time and dura_tion. The Romans would have the World to understand that the Pillars of their Church were founded with Christianity, and that our Saviour himself once held those Keys which he afterwards delivered to the Papal Succession. But though they had a firm Foundation, they have built upon it a tottering Superstructure. The Pro_testant would willingly obliterate the odi_um of a late Reformation, and will an_tedate Luther and the German heats, search_ing in the midst of a bloody Inquisiti_on; some being willing to Travel to Bohemia to derive their Principles from John Hus, and Jerom of Prague, not on_ly sending us to our own Wiccliffe, but eating through the Mountains to find out the more Ancient (though obscure) Wal_denses: others (and that more justly too) as if all this will not yet evince their Principles Aged, will Travel farther to the Churches Cradle, and find out the Man_ger in which our Saviour himself was laid, and from his Mouth receive their Do_ctrine, reviving what might seem dead, having for some time been buryed in the dust and rubbish of mens Inventions; and freeing it from those Burdens and Cor_ruptions which a gainful Interest, and bold Presumption had loaded it withal, thus cause that to abide in them which Christians heard from the beginning.

Antiquity then being so powerful a mo_tive to persuade to Religion, that all strive to catch and grasp it; I shall easily prevail for a diligent attention since what I deliver shall be that which has been heard from the beginning.

In which Text we have an Exhortation both Grave and Seasonable; Grave it is, avoiding those levities and varnish which Novices use to wrap their late and uncouth Opinions in, that they may be snatched at with the more greedy Appetite: As Phy_sicians put their bitter Pills in sweet Con_serves that the Patient may swallow them with the greater delight: and seasonable was this advice too; since Simon, and the Gnosticks, did now attempt the murdering Christianity when it was just born; as He_rods cruelty, drinking in, with an insatia_ble thirst, the blood of Infants, would have Crucified our Saviour in his Cradle, before Age had given him Strength and Stature, not only to publish his Fathers Message, but even to bear his own Cross. Nay least this accursed, and Antichristian Sect, provoking their desires to unlawful Lusts, detracting from Christianity by an impious and incoherent intermixture of Jewish and Heathen Rites and Practices, with what was now Solemn in its pro_posal, and Sacred by its establishment, should not be able to impede, or retard, the most glorious flourish of Gospel Truth, and forbid the spreading of the Christian Church, that Noble Vine but newly Planted; Cerinthus also now ad_vanced, with all the wild Boars of the Forrest, if possibly, to undermine and root her up, denying the Divinity of its first Author: An Heretick so foul and polluted, that the blessed Pen-man of my present Text would not come into the same Bath in which the wicked Cerinthus washed, least he should be defiled with that water which had touched so filthy and loathsome a Carcass; and the Bath it self, sensible of its own pollution, should im_mediately fall to make a Grave for its self and possessours.

In the Exhortation then there are three Parts presented to our view (1.) A Duty, Let that therefore abide in you,(2.) Its Ob_ject, Which ye have heard;(Lastly) The Motive and Inducement to the Duty, Be_cause it was from the beginning.

I must crave leave to invert the Parts, though it shall make no alteration in the Sence; that first the Object being explain_ed, and the Motive proposed, the Duty may be with the greater facility pressed and embraced. (1.) Then, Let the Object in the Text exhibite it self; and this is no_thing but what ye have already heard. As Faith it self is generated by the Ear, so what you have heard is nothing else but the Object of your Faith; for thus does the Apostle conclude the inference; Faith cometh by Hearing, and Hearing by the Word of God, (Rom. 10.17.) But as Hearing is the Conduit to convey Faith, so some_times is it the decoy to infidelity; because there are many false Prophets gone forth into the World; and a seeming truth may make the same impression with truth it self. Nay, our blessed Saviour, that he might not leave us without due Caution, has informed all Ages and Generations, that there shall arise false Christs, and false Prophets; yea! and shall superadd Won_ders to their Oratory, not only to amuse the World, but to gain credit and repu_tation to their Doctrine; insomuch that (if it were possible) they shall prevail to the dismal shaking of the strongest Oakes, and the rooting up the tallest Cedars of Libanus; even to the putting a falacy upon the very Elect, (Matth. 24.24.) The Ear of Man, being the recepticle of all Sounds, no wonder that it admits the founding Brass and tinckling Cymbal, as well as the Trumpets of the Sanctuary. Simon Magus may be as welcome to the Samaritans, as Paul and Barnabas to the Disci_ples at Antioch. If a vain-glorious Herod has but Confidence enough to make an O_ration, though repugnant to the first Prin_ciples of Religion, nor wonder that it makes such an impress upon the Multi_tude, that they give shouts, with the lou_dest Acclamations, and attribute to him the Wisdom of a Deity, who is scarce en_dowed with the Prudence of a Man; (Acts 12.22.) If a mechanick Silversmith, prompted with no other motive than what Avarice and Interest can dictate, shall con_fidently plead for the Shrines of Diana; the clamorous Multitude shall soon cry out, Great is Diana of the Ephesians, (Act. 19.28.) So easily captivated are vulgar Affections, and of so slender a value is po_pular Applause. The mutable Croud will change their Religion with their Garments, and is of that still which is of the newest fashion. As if novitas essendi were the Be_ing of Devotion, and Age were not the Measure of Divinity. As if the newest Stamp were to be deemed alwaies the tru_est Metal; and the last dictate of a fallacious Understanding were the best object for the Wills embracement: Then indeed our Saviours Argument would be nothing but a Sophism against Pharisaical Devor_ces; From the beginning 'twas not so, (Matth. 19.8.) nor would the Advice in the Text be solid; Let that therefore abide in you which ye have heard from the beginning.

But it is not every thing that pleases the Ear that must be closeted and lodged in the Heart, lest Tares being sowed amongst the Corn, they spread, and flourish, and o'er-shadow the Grain: Our Saviour there_fore knowing our promptitude to imbibe what might seem pleasant, and to swallow Poyson if wrap'd up in gilded Pills; leaves a grave and severe Caveat, Take heed what ye hear, (Mark. 4.24.) and lest our strict observation of the matter should make us regardless of the manner of performance; St. Luke delivers it, Take heed how you hear; (Luke 8.18.) Eccles. 5. As well knowing that too few look to their Feet when they ap_proach the Sanctuary of the Lord, but are more ready to offer the Sacrifice of Fools, then to hear their Vices redargued as they ought; not allowing themselves so much either of time, or seriousness, as to consi_der that they do evil. These are such Au_ditors as St. Austin reprehends, Audientes corporis sensu qui non audiunt cordis assensu; Aug. be bono persever. lib. 2. cap. 14. who use the Word and Doctrine of the Gospel only as an Ornament to deck the Head, not as a foundation to establish the Heart; that hang it only as a Jewel in the Ear, but reserve it not as a choice treasure to enrich the Soul; whose practice is just opposite to St. James's advice, they will not lay apart all filthiness and superfluity of naughtiness, that they may receive with meekness the engrafted Word which is able to save their Souls; (James 1.21.) Too many sooner bow their Ears to what may irritate and provoke their lust; to the frothy discourses of deceitful Tongues; to bold Rants, and jovial Catches; to those lewd Sonnets that are the loose com_posures of looser brains, which being heated with vice, boil over in scum and filth: men are more attentive to new Oaths, and unheard of Blasphemies; to such as jest, and droll down Religion, that it may no longer interrupt the pleasant wickedness of a degenerated Age; to such as are so hardy as to Lampoon Heaven, and make Satyrs against the Quire above; that would, if either method might prevail, Flout, or Hector, God Almighty from his Throne; whose Language is more exalted than rayling Rabshekeh's. These, that are spots in our Feasts of Charity, become the only Persons worthy of Entertain_ment; their black Language is viewed, and gazed on, as the brightest Oracles; every shrug raises admiration, and a little smile is enough to authorize a great jest: as if these wandering Comets were of more so_lidity than the fixed Stars; and the Lan_guage of Hell to be more diligently at_tended than the Voice of Heaven. God at once pardon and remedy it. The Am_bassadours of the Most High may take up the Lamentation of him that first gave them their Commission. To whom shall we speak and give warning that they may hear? Behold their Ear is Uncir_cumcised, and they cannot hearken; Be_hold the word of the Lord is to them a reproach; they have no delight in it. (Jer. 6.10.)

Some indeed are much for the Ear; at_tending to those scandals and reproaches that the envious man will cast upon him whom his malice ruins, or his ambition undermines: others, even in Sacred things, reduce devotion all to the Ear; and when God, principally requires the Heart in Prayer, these will give little else but the Ear in Hearing; being as partial in their Sacrifices towards God, as they are in their Censures towards their Neighbours, as if the Decalogue were now abolished, and the only Command were, Hear O Israel. 'Twas the error of the Euchites to be al_ways Praying, and 'tis as great an error to be always Hearing: as if the School of our Saviour should not only be enjoyned Biennial silence, but be for ever mute. Porphyry indeed, (that great Blasphemer, big with malice against the Heavens) when checks of Conscience forced him to speak out something of the results of his own Reason, teacheth us to Sacrifice our Souls to God in silence with Chast thoughts; How Chast men are at those seasons that ought to be attended with Solemnity, and Devotion, it would be presumption in any to judg: but sure I am that they put in practice this sage advice of their Fa_ther Porphyry, who thus pretend to Wor_ship God in silence: As if he that made the Tongue as well as the Ear, did not re_quire the one to make Oblations of Prayer and Praise, as well as the other to Hear his Word; or he that Created the whole man would be contented with a partial Sacrifice. And now if any one has Ears to hear let him hear; and not only so, but retain also what he has heard; so will the Exhortation in my Text be embraced: Let that therefore abide in you which ye have heard from the beginning.

Having thus endeavoured to free man_kind from such diseases and distempers in Religion; I must now crave leave to at_tempt the recommendation of our duty; and persuade men to the diligent atten_tion to that Sacred Word, which is able to make us wise unto Salvation, and be greedy to receive it, when not extended in an adulterated hand: For as we cannot hear without a Preacher, so he cannot Preach that is not sent, (Rom. 10.15.) Tert. de pr�. Scrip. H�ret. cap. 41. Some men are like those large tongued women in Tertullians time, who though a person of excellent Language, was yet forced to in_veigh against them that being so liberal of their Speech in Private, conjectured they had, if not Rhetorick, and Reason, yet words enough, to declame in Publick; whom the Father reprehends in this Pro_hibition: Tert. de virg. velandis. cap. 9Non permittitur mulieri in Eccle_si� loqui, sed nec docere, nec tinguere; nec offerre; nec ullius virilis muneris, nedum sacerdotalis officii, fortem tibi vindicare: or like those that St. Austin complains of, in the second Chapter of his first Book of the Trinity, that are garruli ratiocinatores, e_latiores quam capaciores; that are pratling Disputants, more shrill than rational: How many dismal mourning souls, whose Education never advanced them to any degree above Mechanism, steal away the Priests Office, as Neanthus did Orpheus's Harps, who thinking to effect the same wonders Orpheus did, and make Woods and Trees dance after his melody, played so ill, that the very Dogs, being affrighted at his strange noise, tore him all in pieces. When we hear therefore, we must not throw away our attention upon usurping Schismaticks; whose very Preaching is their Crime, because without a Sacred and Divine Commission; and since giving them Audience is their encouragment, it can no less involve such easie Auditors in a snare and guilt.

And yet, since the Text exhibits some_thing that always has been heard, it does not only imply our duty of attention, but presents us with what we ought to hear; and thats the Gospel; what both the Apo_stles and Disciples were acquainted with from the beginning: And since, in that Sacred Testimony to our Saviour, there are various Truths which make up its Con_texture; those things are first to be heard and received that are in themselves most Fundamental; Primarium dogma de Christi divinitate, (says Justinian) the chief Doctrine of the Divinity of our Saviour, without which the Foundation being sunk, the whole fabrick must of necessity be demo_lished: For since his Divinity gives merit to his Passion, by which his temporal pu_nishment bears proportion to an infinite offence; detract from his Deity and you spot his sufferings; and then if he be a Lamb with blemish, though he be slain, he cannot satisfie; and so the series of our Sal_vation becomes disordered, and our eternal safety undermined.

And now perhaps some wise person might take advantage to exhibite, or ad_venture at a Catalogue of Fundamentals; and a clamorous Adversary might with as much confidence and triumph demand them; but when we receive a particular of Explicits, we may then attempt a Ca_talogue of Fundamentals. In the mean time, since Faith is the general condition of the Gospel; and, He that believeth, and and is baptised, shall be saved (Mark. 16.16.) Methinks we need disturb our selves no further for Fundamentals, than to de_fine what compleats that one thing, Faith. And though Interest and Opinion have rendered it as different from it self as one mans fancy from another, and we have created almost as many varieties of Faith, not only as there are Nations in the world, but men too; (multitudes dealing by it as Caligula did by the Image of Jupiter Olym_piacus when he took from it its head of Gold, and put upon it an head of Brass;) yet if we will admit the Father of the Faithful: to explain the difficulty, we shall find that the practice of the Patri_arch Abraham, (who is exhibited as a pat_tern for Gospel believers;) will give us a prospect of that Faith which had its being from the beginning. And though there are many acts of this ancient Faith pre_sented to our perusal in New Testament Pages, yet there are two comprehensive of all the rest, to wit Belief and Obedi_ence. For when he to whom all things are possible, had promised a branch should sprout forth from this dry Root; and that he would be his shield, and great reward (Gen. 15.1.) Abraham did not questi_on the word of a Deity, who, he knew, was able to controul the world, and alter the power of second Causes according to the pleasure of his own will: but stedfastly assented to the truth of what God had pro_mised; relying on it with Faith and Expe_ctation. And as this Action includes be_lief of the Promises, so the second pre_scribes obedience to the Commands; and it was that work which St. James says justi_fied him, even the offering up his Son Isaac upon the Altar (Jam. 2.21.) So that to sum up the whole Gospel in one word, that you may here have presented in an Epitome, what I humbly beg may abide in you: He that believes the Promises, so as to obey the Precepts; that accepts his Saviour as a King to rule, and a Prophet to teach, as well as a Priest to make at_tonement; and, consequently, submits to the authority of his Laws, and to the con_duct of his Ministry and Discipline; that relies upon the merits of his Cross, and persues the steps of his vertuous Life, in order to the securing his eternal Safety: He is the Person who retains what he has already heard; and he need not fear any deceiptfull Imposition, since he embraces that which was from the beginning. Which minds me of the Motive here proposed, to fortifie our resolutions, that what we have heard may abide in us, since it is no more than what was delivered from the begin_ning.

In Philosophical Propositions we usual_ly deem those most certain that later expe_riments prove, and evince: but, in Divine Truths, those are best that were from the beginning. Time, which is in a continu_ed flux, being in this like the swiftest Tor_rents, that carry down to us what is light and frothy; but sink that which is grave and ponderous: and indeed Reason, which is the result of our nobler part, if not disturbed by passion or interest, is the surest guide in the midst of perplexities; and this does, upon the first prospect of Religion, lead us to that which was from the beginning. And Christianity being that which pretends to be first begotten in Hea_ven, though brought forth here on Earth, owning not less than a God for its Author, whose great propositions are made up of Eternal Truths; and since the Apostles were inspired to a compleat delivery of what was at first Preached by our Savi_our, the same Doctrine, by a continued succession, having been derived and con_veyed to Posterity; it follows, by an ine_vitable conclusion, that the surest way, for us, to whom these Principles are exhibited, when any Objection, or different Opini_on, presents it self, to startle our appre_hensions; is to persue the first Rule, and follow that which was delivered from the beginning.

But since the various subdivisions of those that intitle themselves to the names of Christians, pretend to those infallible Maxims treasured up in the Sacred Book; there must be left a Judg of Controver_sies; or else there will remain no way of freedom from present disturbances, or certain method of reducing those who, being too fond of their own fancies, re_solutely adhere to their private Opinions, to the detriment of Christianity, and ruin of themselves, and the obstruction of Peace and Unity in the world. The Do_ctrine of the Gospel, although certain in it self, being conveyed to us in Words and Language which may admit of diffe_rent Constructions, suitable either to the use of words, or the apprehensions of men, cannot, (without such a judgment upon it as may oblige the various extravagancies of mankind to silence, and a passive sub_mission, whatever may be their internal belief;) be sufficient Clue to lead us out of these Labyrinths: Though had the multi_tude of its Followers justly measured and proportioned Understandings, rightly to discern the Fruits wrapped in those Leaves, it must appear to every man, the best, and only Conductor in the world. But, be_cause every person usurps Authority to interpret, and every Illiterate and Enthusi_astical head, if he has not reason to confirm his Gloss, has confidence however to pre_tend an Inspiration; necessity inforces us to seek some method to quiet our minds, and to allay the briskness of our own fan_cies, and those heats and fury, that our warmer contrivances introduce into the world: that so we may arrive at such cer_tainty as is possible to be obtained, of what was heard from the beginning.

And though I shall not attempt the lead_ing any to St. Peters Chair, nor beg that Rome may be the place of Umpire; be_cause there is no need of fetching water from Tiber when we have clear Fountains at our own doors: yet reason must force this confession, that since it is not the let_ter, but the sence, of Scripture that is the proper Guide of life; there must be al_lowed some Interpretation, since our de_mands to one another may be the same with the Eunuch to St. Philip, how shall we Read without some Interpreter? And then the last question will be who are those that are most likely to exhibit to us the exact design of Scripture Phrase, and the infallible Rule that leads to Life?

To produce therefore some conclusions touching this controverted, and difficult, Question; Those must certainly best inform one of the meaning of a Sermon, that have had the most familiar acquaintance with the Preacher; Capacities also to ap_prehend, and Fidelity to deliver what they have received from the mouth of the Ora_tor: upon which proposition those persons, that seem most rational, attempt the proof of the Apostles Writings that are but the first Commentaries upon that Gospel which our Saviour Preached and Ushered into the World. From hence (secondly) it follows that the persons who were the immediate Disciples to those Holy Penmen of Sacred Writ, having the advantages of Converse, and the benefit of Audience, must of necessity be the fittest Judges of what is Controverted in matter of our Re_ligion, which we pretend to derive from their Books and Writings: and there seems to remain nothing to be doubted, but ei_ther their Capacities to receive, or their Faithfulness to deliver, what they heard from the beginning. Their Capacities and Parts their Writings publish; their Integri_ty and Honesty their Lives declared; nei_ther had they either reason, or advantage thus to cheat, or impose upon, the world. And therefore those Writers, who lived in the first Ages of Christianity, are first to be believed; that in difficulties and straits we are to have recourse unto; and conse_quently the later to be less confided in, as having met with greater and more sub_tile opposition, and therefore subject to more intermixtures of heat and passion; and like Rivers, the further off the Fountain, the less do they retain of their first purity, and the greater mingling of different wa_ters. As the nearer we are to the Fountain therefore, the clearer will the Stream be; so the nearer we Travel to that which was heard from the beginning, the more cer_tain and infallible will our Guide and Rule be. But because the reports and sayings of Fathers are like melted Wax that re_ceives the Image suitable to the Seal which makes the impression; and persons of di_vers Churches, and Persuasions, deal with their Sentences, as young Sophisters with a Text of Aristotle, by a distinction, or a figure, force them to countenance the va_rious Sentiments of their disturbed minds: If we rest here, we shall still be as far from the end of Controversie, as the Contro_versie from the beginning of Truth. To proceed further then, by the assistance of those means our Reason dictates, toge_ther with prayers and humility of mind, to the investigation of what we are to rest in, as that which was from the beginning. A General Council would quickly deter_mine it, did not an Empire now Canto_nized; the opposite Interest of Prin_ces among themselves; diversity of Fa_ctions sprung up among their Subjects; the great Prejudices that are in the world; and above all, over grown Popery, clear_ly obstruct its Justice and Freedom; and I might say, its Possibility too. As every Episcopal Church, therefore, was Planted, at the first, Independent of another; yet, to preserve a Church Catholic upon Earth, admitting an Universal Union, Correspon_dence, Advice; and, by consent, an Obli_gation upon particulars, by Authority from the whole. Every particular Episco_pal Church had a power of Discipline as well as Doctrine, committed to her trust and managery; the first Planters convey_ing downward, through a Sacred and un_interupted Succession, their Authority and Jurisdiction to this Age, and this Church, to which we now pretend a Rela_tion. In Controversie and difference (as the Case now stands with us) there can be no Example, or Rule, or more Rational Pat_tern, or Guide of Action, than that of the Primitive Planters of the Gospel; which is, that the Inferior be regulated by the Advice and Authority of the Superior, and all submit to the reasonable resolution of a National Council. Thus when the great dispute about Circumcision was raised at Antioch, the Metropolis of Syria, they Ap_pealed to Jerusalem, to which Antioch was subjected, being a place of Superior Juris_diction; and the determination of the Bi_shops of Judea, with Paul and Barnabas, Representatives of Antioch, fully silenced any farther Dispute, and was the infal_lible sentence in which they acquiesced. Acts 15.

But now, let not any men wonder that I call the Sentences of such Councils In_fallible; since 'tis only using a Popish word, to express Protestant sence, to our selves, which overthrows the Roman claims over us. For this being applied to our Coun_cils here; our Church neither erring in Fundamentals, nor pretending to usurp upon the Natural Priviledg of mankind to judge for themselves as far as they are capable; but only assists and helps their Understanding in what they are deficient for want of Education; creating no New Articles of Faith: nay imposing nothing on the belief of any, but what the Scrip_tures have Authorized before; and Or_daining nothing by its own power, but a limitation of the outward actions of men: its decrees in things that are thus the subject of human Laws, are either to be actually obeyed, or not publickly or tu_multuosly contradicted. And this is what I intend to be the sence of the Infallible Sentence of a National Council, without which, Controversie can never be ended, no Legislative Authority maintained, nor Peace and Order remain among us. For want of this moderate and sober apprehen_sion of things, men make themselves lya_ble to those Penalties of Laws which good natured Magistrates so unwillingly inflict, and well meaning Christians pity, and at the same time admire the Confi_dence of those who are so hardy, and willing to deserve them; especially when they consider, also, that the same persons can be tamely silent, in Forain Coun_tries where Principles of Religion more severely contradict the Sentiments of their minds.

'Tis true, indeed, a Council may err, unless they could put off their manhood, or to every decree have a fresh Inspiration, or receive a Divine Testimony from Hea_ven; and yet it is to us Infallible; (i.e.) to silence our open Disputes against it, and to be the Rule for our External Obedience. For frail men cannot possibly proceed far_ther in the searching out Divine Truths, than in the means, and way to find out the Revelation; and to understand it when it is found; leaving other indifferent things to the determination of those who have Autho_rity over us: and those means that I have mentioned seeming to be all that Reason and Discourse, when not disturb'd by Lu_nacy or Enthusiasm, are able to propose; and since the only Evidence we have to prove the objects of sense against the bold denial of a confident Sceptick, is to call in many, against the obstinacy of one, to give Testimony to what we see, or hear; and so to decide the difference betwixt us: If I err with submission to that Authority which I find the ultimate mean to deter_mine, my Crime, certainly, will not be so great, but a pardon will as necessarily at_tend it; since the most gracious God does not require my action to be beyond the Sphere of my capacity; nor my appre_hensions to exceed the Powers of my be_ing. But the Authority of Councils, as hitherto stated, may seem too naked to be submitted to; and yet we observed in the first times, a ready obedience to their de_crees, when backed by no Secular Power: If therefore they were obliging then, they engage us by another addition, and are strengthened by a Civil Sanction. For as, when the Emperors became Christians; what was before Established by our Savi_our and his Apostles, and asserted by Pi_ous Bishops, and Divines Congregated for that purpose, and drawn into Sacred Ca_nons, or Rules, received a Sanction from the Legislative Power resident on Earth; and were so embodyed with Imperial Laws, that the Magistrate was Custos utriusque Tabul�: so the Protestant Church, among our selves, has its Foundations, in the Word of God, (derived downward from prime Antiquity) so inlaid with the Tem_poral Laws of our own Kingdom, that the one cannot be invaded with Triumph, but the other nods; nay totters, till it falls in_to inevitable ruine; and we need not a new Experiment to shew it. This every one, at length, believes, that is not, by being engaged in past mischiefs, an enemy to both, and like Cataline, resolved on fu_ture evils to justifie, or secure, those that are past. But they, more distinctly, are acquainted with this, who are Learned in the Laws, than we, who being Divines, are willingly supposed ignorant of them. Yet this seems to be the great Reason why such as design to invade the Crown, make a pass at the Miter first, because the Church is a Guard to the Palace, as well as the Palace a defence to the Church. Till this therefore be wounded, or removed, the disturbers of the Peace of both, cannot, in probability, ascend the Throne, nor place a Duke of Venice there.

But, to return from this digression; a National Council ought more especially to determine the Controversies among us, so as to oblige us to Peace, because their De_crees are our own Acts, having chosen the persons who represent us in it. Yet to si_lence doubts, and scruples, about this matter: whatever regard we may all have to tender Consciences, that are not raw; the different thoughts of Worship among us, being such as produce squabble and contentions, these, for our necessary ease and pleasure, dividing us into separated Clans; and these making us fit for Conspi_racy, which, without any more Devils than our selves, may advance it self into an actual Rebellion: And when vari_ous, and severe Contests about Religion have openly distinguished men from each other, till they are hardly able to know themselves; when private Dispensations, shall, in some cases, vacat Publick Oaths by single Interpretations, and in Equivocations, and Mental Reservations men are able to out-strip the Jesuit himself; this is a way to remove the Pope, only by bring_ing him into our own Bellies, and in_stead of a Union of Protestants among our selves, is the direct way to introduce Popery in Masquerade (that I may use some Rhetorical words) and to imbrace what we declame against, and every Pro_testant is bound in his own capacity, to withstand. But when Trade and Occupa_tions determine our Option, and past Acts (though evil in themselves) must regulate our present, and future, deportment: when persons chuse their Articles of Creed, as well as various ways of Worship, suit_able to what they gain from those with whom they seem Religiously to associ_ate: Conscience and Christianity do no longer guide them, but they give away their choice to Clients, Trade, and (a_mongst Divines) to the preferments of this World; and, all this while, 'tis Earth becomes their Supreme God, and Secular Interest governs their Religion. When Affairs therefore, through our own indiscretion, or the wickedness of others, are brought to this pass, that men will vio_late their Oaths to preserve Religion, or neglect Prayers to serve God; or attend Prayers to serve the Devil, and when, by such methods as these, the Prologue is made to the dismal Tragedy of a general Confusion, 'tis time to call for a solemn Consultation and for a Christian Magistrate to interpose by Law, least the Disorders in what we call by the Ancient and Vene_rable name of Religion, may have too se_vere an influence on the State, and both be ruined by the same hands; since these are like Hypocrates Twins, that weep and laugh both together. 'Tis time therefore (at such a Season) to call upon our sleep_ing Laws to awake, whose Penalties have an equal Sanction with themselves: and more especially, because punishment of Extravagant Offendors can be no Perse_cution, when the Christian Religion is not concerned, but the various Interests of this World; and Penalties (in this Case) will only restrain the inordinate Affection of some men to their private Concerns in relation to their abode here; and teach them how to be Crucified to this World, that they may more easily ascend into Glory in the next. 'Twill keep them steady whilst they walk upon the Earth, when the Wings of their Ambition are clyp'd and pois'd; and cause them to grow better, by Religion, and Loyalty; that by a peaceable de_parture out of this Life they may enter into the Joy of our Lord. This (though, to some, it may seem severe) can be no violence offered to Conscience, where we plainly see there is none at all. 'Twill be at most, no more than a limitation of Trade and Covetousness, by restraining the Contentions and Ambition of mankind. And now, if upon all this Dis_course, a carping Protestant, or angry Ro_manist, should blunder upon this Objection; that if the Church be infallible, quoad nos; so it was at the time of our withdrawing from the Roman Communion, and there_fore we then breaking the Principal Bond of Truth and Union, must remain guilty of the greatest Shism, unless we return to that Church from whence we have departed. It is, without any difficulty, replied, that he supposes that granted which we will not yield; for we were never lawfully subject to the Roman Church, in respect of Spiritu_als, any more than we were to the late Monster of Traytors, in respect of Tem_porals: a prosperous Usurpation giving them no better Title over our Church, which was distinct at its first reception of Christianity, than the others possession gave him right to his Sovereigns Throne; both being effected, by Subtilty, Force, and Usurpation.

Thus having, through this Discourse, ex_hibited a great Character of Truth, which is prime Antiquity; and given some slen_der account of what has been heard from the beginning: All that remains is to in_force the Apostles Exhortation to the du_ty, and beg that ancient Truths may a_bide in you. We have now had the Tryal of all things, let us therefore hold fast that which is good: we have been too long tossed in a storm, but having at last, ar_rived at a safe Harbour, let us no more sail out among the Rocks, nor put to Sea whilst the Winds rage, and the Waves roar. The True, Ancient, and Apostolick Faith was, for some time, like the lost sheep; it wan_dred about in a Wilderness of Error, and the by Paths of Heresie and Schism, being torn and scratched with Briars and Thorns, not only till it was smeered with blood, but at last it became Naked Truth: Naked, indeed; for being void of Hypocrisie, it became Naked of Friends too: But now, since we have found the lost sheep no wonder that I Exhort you, as he did his Friends in the Gospel; Rejoyce with me for I have found the sheep that was lost. And since the search has been no less tedious, than in these times, full of hazard; let us no longer shift the Principles of our Religion, nor permit the wry Face of a man to draw our Souls and Bodies asside; but let those Truths abide in us which we have heard from the begining. Why should I use any Rhetorick to per_suade, when there is the Authority of God to command? Tacitus informs us of C�sar's Soldiers; Imperium potius quam concilium sequebantur; A word of Command was more to them than persuasion or advice in a formal Speech. And shall we that march under our Saviours Banner be more diso_bedient than a Heathen Militia? Why should we not for Edification submit to true Decency and Order, that we may no longer be like Samaritans and Jews, re_fuse kinder Correspondences with each other? As the Apostle therefore Exhorts those Jews, who, though dispersed, were uni_ted in Christian Faith and Discipline: so let me, with all Charity and Affection beg, that you would hold fast your Profession (Heb. 4.14.) Can we reasonably part with the Glorious Gospel which promises Crowns and everlasting Rewards; that takes care of us after we are Dead, and leaves us neither in Purgatory or the Grave; nay, that free us from the Tor_ments of Hell, and advances us to the Joys of Heaven: We cannot once depart from our Religion, but at the same time we a_bandon our selves, exchange our Reason for Folly and Madness, and barter our precious Souls for trifles; and what pro_portion in this exchange? What is a man profited (says our Saviour) nay, how is a man utterly undon if, to gain the whole world, he loses his own soul? (Matth. 16.26.) Un_derstand what you are capable of appre_hending, and when you have found a Do_ctrine to be sound, take St. Pauls advice to Timothy; Hold fast the form of sound words, (1.Tim. 1.13.) Many of our fierce and staring Seperatists, like their Ancestors of another denomination (the Papists I mean) embrace Principles and Ways of Wor_ship, though they understand them not. As Quintilian speaking of the Toscan Rights and the Soothsayings of the Salian Priests, Vix Sacerdotibus suis intellecta, sed qu� mu_tari vetat Religio. Scarce apprehended by their Priests themselves, but yet their Prin_ciples and Religion forbid a change. But that Gospel which has been heard from the beginning, is no Airy Doctrine to be con_densed into a Cloud; nor so hot, as to be raised into a Pillar of Fire: we are not to be conducted as the Israelites were of old; nor, thanks be to God, and a Christian Government, is the Church yet in a Wil_derness condition; our Principles are as Plain as Honest; and our Religion as In_telligible, as it is Rational; and the Do_ctrine and Discipline, if our Practice Cor_responds, which the Church of England pretends a reverence for; by Gods bles_sing, being submitted to with meekness, will be sufficient to save our Souls, through him who first published it to the World, and died to make satisfaction for our sins. Let this therefore abide in you; that you may not be, like Waves of the Sea, al_ways rolling, and driven which way a Storm pleases; but setled, and immova_ble, always abounding in the Work of the Lord; which let God Cooperate and strengthen you in, for Christ Jesus's sake; To whom with the Father and his Eternal Spi_rit, be all Glory, and Honour, now, and for ever. Amen.

&horbar FINIS. |CRE |Y1696 A Good King and his People, the special Care of Heaven. &horbar A SERMON Preached the 16th of April, 1696. Being a Day of Publick Thanksgiving, For the Discovery and Defeat of the late Detestable Conspiracy against his Majesty's Person, and of a De_sign'd Invasion from France. &horbar By JOHN PIGGOTT. &horbar LONDON; Printed by J. D. for Andrew Bell at the Cross-Keys in the Poultrey; and Eben. Tracy at the Three Bibles on London-bridg. 1696.

To the Right Honourable CHARLES Earl of Monmouth, &c. My Lord,

I Should not have presumed to in_scribe so Great a Name in the Front of so mean a Discourse, had not your Lordship's Signal Loyalty to his present Majesty King William, your constant Zeal for the Liberties of England, and your extensive Can_dor to all True Protestants, conspir'd to encourage the Attempt.

For as our Late Common Delive_rance, by the merciful Providence of God, was the Occasion of this Sermon; so I perswade my self your Lordship is too much affected with this great Blessing, to be displeased at the weak_est Effort that any one can make, with a sincere and honest Design to Cele_brate it.

That your Lordship and your No_ble Family may enjoy the Blessings both of this Life, and of that which is to come, is the earnest Prayer of, (My Lord) Your Lordship's very Humble and Obedient Servant, John Piggott.

&horbar &horbar A Thanksgiving Sermon ON THE Discovery of the Late Plot. &horbar

Psal. CXLIV.10. It is He that giveth Salvation unto Kings: who delivereth David his Servant from the hurtful Sword.

I Presume that upon the very reading of these Words, you are convinc'd that they are not unsutable to the Work of this Day; who are here before the Almighty, to acknowledg that he hath eminently given Salvation to our King, and hath miraculously deliver'd him from the hurtful Sword; by bringing to light the hidden Works of Darkness, by baffling and defeating the late Barbarous Conspiracy of wicked Men to Assassi_nate his Royal Person, and to rob his Subjects of their established Liberties, by encouraging and as_sisting an Invasion from France.

Especially considering that this Psalm, of which my Text is a part, is thought to have been compo_sed after the Death of Saul, and in the beginning of David's Reign. Whenever it was, it certainly fol_lowed some extraordinary Deliverance, which Da_vid had received, and does in the Text acknowledg to be given by a special Hand of God: and it is not improbable that it was in the beginning of his Reign; for tho' David was at first anointed by a special Command of God, (while Saul sway'd the Scepter of Israel) 3. Sam. 16.12,13. to signify that God had chosen him to govern his People, and that upon Saul's Death he was immediately to fill up the Throne, yet after he was anointed King over the House of Judah, 2. Sam.2.4 it was a long time before he subdued the Rebellions of those that adher'd to Ishbosheth the Son of Saul, Ver. 8. who made some Pretences to the Crown, and was accordingly assisted by Abner Ver. 9. the chief Captain of Saul's Host, and so made King over Gilead, and over the Ashurites, and over Jez_reel, and over Ephraim, and over Benjamin, and over all Israel, except Judah, as the next Verse informs us, ver. 10. But the House of Judah fol_lowed David.

So that the greatest part of the first seven Years of David's Reign was spent in the Fatigues of a hazardous War; hazardous it must needs be, when he had rebellious and unnatural Subjects at Home, and cruel Enemies Abroad. Yet God was pleased by his remarkable Protection and Defence, to disappoint wicked Men in their Designs against him.

Which occasions him in the beginning of the Psalm to express his grateful Resentments in such Words as these, Blessed be the Lord my Strength, who teacheth my Hands to war, and my Fingers to fight. My Goodness and my Fortress, my high Tower and my Deliverer, my Shield and he in whom I trust: who subdueth my People under me.

q. d. I disclaim all glorying in my own Prudence and Conduct, and desire to give the entire Praise of my Success and Victory to him that hath girded me with Strength unto Battel: who has caused those to bow under me that rose up against me. Psal. 18.39. The Counsels of mine Enemies have been baffled by the Wisdom of God, and their Armies scatter'd by him who is the Lord of Hosts.

God has eminently been my Deliverer, for he hath saved me from those whose Mouth speaketh Vanity, and whose right Hand is a right Hand of Falshood. Ver. 8. In which Description of his Enemies he plainly intimates they were such as paid no defe_rence to Truth or Justice, to Honour or Religion: It refers to the Custom of the Jews, who when they swore lifted up their right Hand towards Heaven; and when they enter'd into a Covenant with Men to signify their Consent, they gave one another the same Hand: Their right Hand is a right Hand of Falshood; they are Men that can break in upon their own Covenants, and violate their Oaths to God; Treachery and Cruelty compose their Cha_racter.

And how justly this same Description may be affixt to our Enemies, I need not say; since we all understand the Language of a Despotick and Ar_bitrary Power, which in the late Reign made great Advances against our Civil Rights, and against our Religion too: And as for Lewis the 14th of France, the Ashes of the Protestants, demolished Temples, the Blood of their slaughtered Innocents, both in France and in the Vallies of Piedmont, are enough to make his Name for ever to be condemn'd in History, as being one of the most barbarous Sons of Violence and Blood. Now a Deliverance from such Enemies as these, did so awaken the Gratitude of David, that he cries out, I will sing a new Song unto thee, O God: Ver. 9 as if he had said, I will not alie_nate from my great Deliverer that Tribute of Praise that is his rightful Due. Then followeth the Text, It is He that giveth Salvation unto Kings: who delivereth David his Servant from the hurtful Sword.

Which Words will furnish us with these two ge_neral Heads of Discourse:

I. That the Salvation and Victory that Good Kings obtain, is given them of God. II. That it is by a special Providence of God that righteous Kings (and consequently the People under their Government) are delivered from the mischievous Designs and Plots of evil Men.

I say righteous Kings, because my Text saith, David thy Servant; and I add these Words, from the mischievous Designs and Plots of evil Men, be_cause my Text says, from the hurtful Sword; i. e. from the design'd Mischiefs of the hurtful Sword, which was to take away the Life of the Innocent.

I begin with the first of these, Namely;

That the Salvation or Victory that Good Kings obtain, is given them of God.

All that I shall say to this Observation shall be only to prove it, that I may make the better way to the second, which I design (God willing) princi_pally to speak to.

For the Proof of this first Observation, see the 9 Eccles. 11. I return'd and saw under the Sun, that the Race is not to the Swift, nor the Battel to the Strong, &c. A swift Runner may tire in a Race, and come last to the Goal; and a strong Army miss of Victory, for Success in War does not always en_sue upon vast Preparations, and a mighty Force.

So that sometimes the most unlikely Undertakings succeed well, when the most probable and best-laid Designs are defeated and broken. And how is this brought about, but by the Finger of God? Who as he hath made, so he also governs the World, and gives Success and Victory to whom he pleases; to whom we may say, as King Asa in his Prayer, 2 Chron. 14.11. Lord, it is nothing with thee to help, whether with Many, or with them that have no Power.

God hath sometimes given a Defeat to a nu_merous Army by visible Miracles. Need I instance in that amazing Check that the proud King of Assy_ria met with in the Overthrow and Ruine of his Army by an Angel, who slew an hundred four_score and five thousand in one Night? or need I tell you of the Wonders God wrought in Egypt for his People; or what a Deliverance he gave them at the Red-Sea?

This Doctrine that I am now upon was so well understood by David, that he frequently renounced any Dependance upon an external Force, There is no King (says he) saved by the Multitude of an Host: A mighty Man is not deliver'd by much Strength. Psal. 33.16. And in the 44th Psal. 6. I will not trust to my Bow, neither shall my Sword save me.

And this is yet further confirm'd by Solomon, Prov. 21.31. The Horse is prepar'd against the Day of Battel: but Victory is of the Lord.

To whom but to God could the Victory of Gi_deon over a very numerous Army be ascribed, when the Clattering of Pitchers, the Sound of Trumpets, the Light of Lamps, and the united Cry of 300 Men, [The Sword of the Lord and of Gideon] discomfited a Mighty Host, and caused every Man's Sword to be against his Fellow. Judg. 7.2 & 22. But what need I run so ma_ny Ages back, when there have been so many In_stances within our Memory to confirm my Obser_vation?

Particularly the late Glorious Revolution by the Undertaking of the then Prince of Orange, the pre_sent King of these Realms. How did all things concur to bring about our Deliverance from Pope_ry and Arbitrary Power?

When we saw no way of escaping, how did God dispirit the Army of the late King, which on a sudden was struck with such a Pannick Fear, that those that went not over to our Deli_verer, were scattered in the greatest Disorder, like Men under the visible Effects of the highest Consternation and Fear?

So that our Deliverance advanc'd towards us with incredible Swiftness, and was, beyond all Expecta_tion, obtain'd with little or no expence of Blood.

We were not exalted to our Happiness upon the Graves of our Friends, or the Ashes of our Dwellings. And are not all these the Indelible Characters of the Divine Hand? To close this Head; To whom but God shall we attribute his Majesty's Success in the Reduction of Ireland, and since in several Conquests and Victories both by Sea and Land, and particularly the Success of the last Campagn? But I have said enough to this first Observation.

Observ. 2. That it is by a special Providence of God that Righteous Kings and their People are delivered from the mischievous Designs and Plots of evil Men. In discoursing on this Argument, I shall attempt these three things.

I. To tell you when we may look upon a Deliverance from a Plot against a good King and his People, to be by a special Providence of God. II. Assign some Reasons why God Almighty by his special Providence do's at some times de_liver a righteous King and his People, from the mischievous Designs and Plots of evil Men. III. Make some Use sutable to the Solemnity of this Day, and that Deliverance for which we are assembled to praise God.

I. I am to tell you when we may look upon a Deliverance from a Plot against a King and his People, to be a special Providence of God.

1. When Men of great Policy and Skill, that are engag'd in such Plots, are seiz'd with a Spirit of Giddiness, being enclin'd to follow that Ad_vice that in all Probability will weaken the At_tempt, and lay open the whole Conspiracy.

How often hath God turn'd the Counsels of Plotters against themselves? for he in whose Hands are the Hearts of all Men, hath made some of them that were big with the Designs of his Peo_ple's Ruine, empty themselves in their own Con_fusion.

Guilt has been legible in their Countenances, and through the Infatuation of their Counsels, they have served the As appears by the present Na_tional Associati_on, which was occasion'd by the late Conspiracy. Interest they design'd to overthrow. And as the Lord turn'd the Heart of the King of Assyria unto the Jews, to strengthen their Hands in the Work of the House of God, Ezra 6.22. so he does frequently turn the Counsels of his Enemies, to the Service of his Church, and their Policies are so baffled by the Spirit of Wisdom, that they meet with nothing but Dis_appointment and Shame. As in Herod's Plot against the Life of our Lord, who fearing that he would rival him in his Throne, forms a De_sign to murder him. And altho Herod was a Man of very great Craft and Subtilty, yet in this Con_spiracy his Sagacity seems to be revers'd; (accord_ing to that of the Prophet, Isa. 44.25. He turn_eth Wise-men backward, and maketh their Knowledg Foolishness) and he acts directly repugnant to all the Celebrated Maxims of Policy; for altho he knew that the Wise-men had seen Christ's Star in the East, and were going to worship him, yet he ne_ver thinks of sending his Guards with them, or going himself in a Religious Disguise, which accord_ing to Humane Probability might have effectually brought about the Barbarous Design. But what could he do? The Hand of God was against him, and he acts like one under the Power of Infatua_tion; Quos Jupiter vult perdere, hos dementat. for he sends these Wise-men to search diligent_ly for the young Child, and entrusts them to bring him Word where he might go and worship him. Mat. 2.8. Surely never Prince acted more against the Rules of Policy! to depend upon the Notice of those Men, whose Persons he knew as little of, as their Studies; and of whose Kindness, Constancy and Fidelity, he had less Assurance than of either: they came from a far Country, some say from Susa in Persia, others from Arabia Felix; the former is about 920 Miles, the latter above 1240.

Now, I say, that he should trust such as these, to me is an incontestable Evidence that he was seized with a Spirit of Giddiness and Infatuation, and that God by a special Providence render'd his abominable Design abortive; especially when I con_sider that the wise Men were warn'd of God in a Dream that they should not return to Herod, Mat. 2.12. and that accordingly they departed into their own Country another way, while Joseph is warned by an Angel in a Dream to take Jesus and his Mo_ther, and flee into Egypt; Ver. 13. all which contributed to give a total Defeat to Herod's black Design against the Life of our Lord.

Alas, Men are sometimes under such disorder within, by an Influence over-ruling all their De_signs, that they cannot take the most rational Ad_vice that is given them.

As in the Plot against David; Achitophel like a politick Minister of State, gave very proper Ad_vice (humanely speaking) to Absalom to bring a_bout the Assassination of his Father: 2. Sam. 17.1,2. For Achito_phel said unto Absalom, Let me now choose out twelve thousand Men, and I will arise and pursue after David this Night; and I will come upon him while he is weary and weak-handed, and will make him afraid, and all the People that are with him shall flee, and I will smite the King only.

You see the Design was to come upon David sud_denly, when his Forces were dispers'd and scatter'd abroad, and could not easily be alarm'd; which seems to be somewhat like surprizing King William's Guards, and attacking him in his Winter-quarters.

Whether our late baffled Conspirators took their Politicks from him, I know not; sure I am they met with no better Success.

But to proceed; Notwithstanding the seeming Rationality of Achitophel's Advice, Absalom declines the taking of it, and chooses rather to receive the Counsel of Hushai, which did not look half so proba_ble, as you may see from the 7th Verse to the 14th of the same Chapter: So that David might well cry out in the Words of my Text, It is God that giveth Salvation to Kings, and delivereth David his Servant from the hurtful Sword. For by God's infatuating their Counsels, David and his People were deliver'd from mischievous Designs and Plots.

Now what shall we say when God maketh the Diviners mad, and disappointeth the Devices of the Crafty, so that their Hands cannot perform their Enterprize? Shall we not confess that it is by a spe_cial Providence of God that all this is done?

2. Then may the Deliverance of a King and his People be ascrib'd to a special Providence of God, when the deep-laid Design is uncover'd, and the black Project brought to light, by some unaccounta_ble Means.

Such an Instance we have of a special Providence of God towards the Jews, in defeating that execra_ble Conspiracy that was formed against them by Haman, who was prime Minister of State under Ahasuerus, and being affronted by Mordecai the Jew in that he refused to do him Reverence, was resolv'd to revenge it not only on him, but upon the Jews in all the King's Provinces; Esth. 3.2. and having (no doubt) very frequently insinuated, that they were a factious and disloyal People, and great Enemies to Ahasuerus's Government and Empire, it seems by what follows, he was not a little confident that the King would grant his Request, and that the many thousands of Jews that were dispers'd through the Emperor's Dominions, should be offer'd up as an entire Victim to his Ambition and Rage: for in the 7th Verse 'tis said, That in the first Month, (that is, the Month Nisan) in the twelfth Year of King Ahasuerus, they cast Pur, that is the Lot, before Ha_man from Day to Day, and from Month to Month, to the twelfth Month, that is the Month Adar.

To understand which Words, you must consider that in those Eastern Countries the People before they undertook any considerable Enterprize, cast Lots for a Lucky Day.

Thus did Haman in his Conspiracy against the Jews, cast Pur for a Lucky Day to begin his bloody Work upon, which happened upon the 13th Day of the 12th Month, which is called Adar; which according to modern Computation answers to our February, the 15th of which was fix'd upon for the Assassination of our King: as if God Almighty would signify by his Providence that in all the vo_luminous Records of Time, there was never any Instance of a Plot came so near that which we have lately escaped, as this remarkable one in sacred Story.

Now Haman having advanced the Matter thus far, lest the King should scruple to sign the War_rant for the Massacre, since by so doing he should lose a considerable Revenue, by taking off such a vast body of his Subjects, he offers to return into the King's Exchequer Ten thousand Talents of Silver: Ver. 9. what Talents they were is somewhat uncertain, some think the Sum might be about two Millions of Money Sterling; but be it more or less, the King is content, takes off his Ring from his Hand, and gives it to Haman to sign the Warrants that were to be issued out for the Execution of the Jews. Ha_man having received the Privy-Seal, shows his Activity; for he presently calls for the Secretaries of State Ver. 12. that they might write his Pleasure to the several Officers of the Militia in the Kingdom, to the King's Lieutenants, and Governours of every Province, that they should destroy, kill, and cause to perish all Jews both young and old, little Children and Women, in one day, &c. and this Order was disperst into every Province by a swift Post. Ver. 13.

And that those to whom this Order came, might do the Work the more effectually, they are promised to have the Spoil for a As were the Irish in the late Reign. Prey, that they might be the more severe, and that their covetous Desire might prompt them on to an universal Slaughter. But as a Prelude to this Tragical Day, (which 'twas hop'd would be very lucky) Haman faint with the Thirst of Blood, resolves to take off Mordecai first, and accordingly sets up a Gallows of 50 Cubits high; probably that he might be exposed as a Spectacle of Contempt to a numerous Crowd.

But the very Night before the Morning that Mordecai was to die, the King could not sleep, Esth. 6.1. and instead of the ordinary Diversions of the Court, calls for the Records of his Empire; and the Person that was to read them, was, doubt_less by the special Providence of God, guided to that place in those Chronicles, that reported an eminent Service Mor_decai had done some time before in discovering a Plot against Ahasuerus's Life.

The King immediately enquires whether Mordecai had ever been rewarded; Ver. 2. and finding he had not, instead of being hang'd the next Morning, is made to ride in Triumph through the Streets of the City, while Haman his potent Enemy is forc'd like a Lacquey to attend his Horse of State.

Thus God by an unaccountable Turn of Provi_dence, dashes the Design of Haman, and his Plot proves abortive; and by another Turn as strange as the former, Haman is forc'd to leave his Court_Preferments, to be lifted up upon a Gallows of his own erecting: for in the 9th of Esth. 1. we read, that in the twelfth Month, (that is, the Month Adar) on the thirteenth Day of the same, when the King's Commandment and his Decree drew near to be put in Execution, in the Day that the Enemies of the Jews hop'd to have power over them, (tho' it was turned to the contrary, that the Jews had Rule over them that hated them) &horfill; No Man could withstand them, for the Fear of them fell upon all People.Ver.2.

Thus are the Wicked sometimes taken in the De_vices they imagine, in the Net which they hid is their own Foot taken. Their Mischiefs return upon their own Heads, and their violent Dealing comes down upon their own Pate.

Josephus relates, that Caligula having a Design to vent his bloody Rage on the Jews for refusing him Divine Honour, was by a Domestick Sword pre_sently forc'd to resign his revengeful Breath. And 'tis the Observation of one, that the Persian Nobles incensing the King against Daniel, did occasion his growth in Favour, together with their own De_struction.

Thus in the several Ages of the Church hath God by the most unaccountable Methods deliver'd righ_teous Kings, and their People, from the Plots of wicked Men, particularly the Deliverance we praise God for this Day was brought about, by Means as improbable as if a Bird of the Air should tell the Matter, Eccl. 10.20. or the Stones in the Walls of a seditious Con_venticle should cry out Treason. Hab. 2.11. How was Pendergrass. one of our Enemies bow'd by an invisible hand, to make a Discovery of the wicked and black Designs of others of them! as Baalam bless'd Israel when he had more mind to curse 'em? Nay, several of our late Conspi_rators (it seems) were struck with some kind of ter_rible Apprehensions at the Thoughts of that Execra_ble Villany they were in a little time to commit; and have since ~~too~~ fallen prostrate at the Feet of that Prince, whom they design'd to have laid at theirs. Does not this Deliverance then bear the Character of a special Providence of God?

3. We may then ascribe a Deliverance of King and People to a special Providence of God, when af_ter the Enemy hath advanc'd his Design near to Exe_cution, a seasonable and sudden Discovery is made.

When the Enemies of God are promising them_selves undoubted Success, how opportunely are their Measures sometimes broken, and their Designs defeated?

Pharaoh resolving to pursue and overtake, and divide the Spoil, and saying, his Lust should be sa_tisfied; instead of meeting with the Sweets of Revenge, is overtaken with the Bitterness of Death, and the Israelites are as it were surpriz'd with Sal_vation.

Thus Mystery Babylon, in the Revelation, is re_presented as being suddenly surprized by the Judg_ments of God, while she was priding her self in the Grandeur of her State. Rev. 18.7.

And the Psalmist, to show the Speciality of Di_vine Providence, in his Deliverance from the bloody Designs of Saul, represents God riding towards him upon a Cherub, and flying upon the Wings of the Wind; to denote how swiftly and seasonably he came for his Succour and Help. And thus God hath done for our King and us; when some like Sheep were appointed to Slaughter, and others destin'd to Slavery, then suddenly he interposes by a special Providence, and prevents the design'd Mischief: he prevented us by the Blessings of his Goodness; and when he turn'd back our Captivity, we were like those that dream, (as the Psalmist speaks; Psal. 126.1.) for our Deliverance was so surprizing and sudden, that we were like Men awak'd out of a Sleep, forc'd to pause a while, being instantly transported with si_lent Wonder! Our Enemies were like Jehu, driving on furiously, but suddenly their Chariot Wheels drop off, and they are stop'd: so that we may say with the Prophet, Isa. 64.3. Thou didst terrible things which we look'd not for, thou camest down, and the Mountains flowed down at thy Presence.

O the unlooked for, unexpected Discoveries that God hath made for our Safety, and our Enemies Confusion! How amazingly hath he laid open that which had lain concealed in the thickest Darkness! all things were prepar'd and ready: In what a Posture was the Late King to make his Descent, seeming only to wait for the Signal, which, blessed be God, none had the Opportunity of giving! For by the sea_sonable Interposition of the Divine Providence, a Discovery was made; and just as the Enemy was coming in upon us like a Flood, the Lord lifted up his Standard against them: Isa. 59.19. So that well may our English Israel say, If God had not been on our side when Men rose up against us, they had swallowed us up quick.Psal. 124.2,3.

O how has God baffled the Confidence of Man, and let him see that no Weapon form'd against his Zion shall prosper!

How has he snatcht us from the very Jaws of Death! how have our Souls escap'd as a Bird out of the Snare of the Fowler! Ver. 7. To what shall we ascribe our Deliverance, but to his special Providence who hath helped us right early?

4. That Deliverance is by a special Providence of God that is eminently serviceable to his People.

As surely all will confess that our present Deli_verance is likely to be, but the Bigots of the Roman Faction, and those who are scarce a remove from them, I mean such as can absolve Men dying under the Guilt of the blackest Crimes, without any To_kens of Remorse.

How dreadful had been the Condition of all the Protestants in Europe, if he that had so successfully vindicated and secur'd their Rights, should have been barbarously Assassinated? But how much worse had it been with us, (even such of us as might have surviv'd the Fatal Blow) who must have exchang'd our Liberties and Laws, for the Usurping Tyranny and Slavery of France; and instead of singing this Day, the Tears of our Widows and fatherless Children, might have been mixed with the Ashes of our City, and our Streets floated with a Stream of Humane Blood?

5. Then we ought to ascribe the Delive_rance, &c. to a special Providence of God, when it is a Direct Answer of our Prayers, as this Sal_vation and Deliverance must be acknowledged to be.

How often have we in this place pray'd that God would defend his Majesty's Person against secret Plots and open Violence, and that the An_gels of God's Presence might encamp round about him? To which we have had so visible a Return in his Majesty's Preservation, and in the Discove_ry of this Execrable Plot against his Life and Government, that without incurring the Suspicion of Enthusiasm, we may conclude our Prayers are answer'd, and have great Reason to cry out with David, Now we know that the Lord saveth his A_nointed, and will hear him from his holy Heaven, with the saving Strength of his Right hand.Psal. 20.6.

Therefore let us chearfully own that God hath answer'd our Prayers, and never cease to offer them to him for the good Conduct of his Majesty's Counsels, the farther Success of his Victorious Arms, and the Preservation and Prosperity of his Royal Person; that his Reign may be prosperous, and his Days many; and that when he has finished Time, he may leave his Government upon Earth, to reign with Christ in Heaven. Let the King joy in thy Strength, O Lord, and in thy Salvation let him greatly rejoice: for thou hast given him his Heart's Desire, and hath not withholden the Request of his Lips.Psal. 21.1,2.

I now proceed in the second Place to offer some Reasons why God Almighty by a special Provi_dence do's sometimes deliver a good King and his People from the Plots of evil Men.

And 1. He does so, that he may the more remarkably advance his own Glory, that all the Inhabitants of the World may see what his Hand hath wrought. The Glory of God is the Supream End of all his Dispensations, but emi_nently so in those signal Deliverances, which can be ascrib'd to no other Cause but special Provi_dence of Heaven.

For if nothing else can claim a Share in our De_liverance, 'tis a horrid Alienation of the Divine Right, to withhold any part of the Glory from God.

His Design is to appropriate the entire Glo_ry of special Providences to himself: and one great Reason of such eminent providential Appea_rances, is to render his Divine Attributes the more Illustrious in the World. For as one Star differs from another in Glory, so a distinguishing Salva_tion by a special Providence differs from a com_mon Protection, in that the former renders the Per_fections of the Deity bright and flaming, while the latter doth but obscurely discover them.

The one makes them conspicuous to every Eye, when the other seldom makes them fall under com_mon Notice.

Now God by his special Acts of Providence de_signs to augment the Tribute of his Praise, and to advance his Honour so high that all may see it. Jehovah is jealous of his Honour, and cannot bear any Competitors; he will not give his Glory to another, nor his Praise to Graven Images.

For as his Wisdom, Goodness, Faithfulness and Power are eminently seen in National Deli_verances by special Acts of Divine Providence, so in Return to them he expects a large Revenue of Praise.

2. God delivers Good Kings and their People by such special Acts of his Provi_dence, that they may be the more deeply affected therewith, and the better relish the Deliverance wrought for them. What God has done in this late Deliverance, is to awaken all the Powers of the Rational Part of Man, and to engage them intensely in the Work of Praise.

Had God Almighty stifled this Plot at first, and prevented its being drawn out to so prodigious a Length, and so near to Execution as it was, we should not have been so affected with the Deliverance, as now when his set time to favour us was come. Psal. 102.13,14.

For 'tis most likely that when surpriz'd with Salvation even on the Borders of Ruin, and the Confines of Death, we should best relish so great a Mercy, and be deeply affected with so signal a Deliverance.

3. God delivers by special Acts of his Providence, that he may cure the Remainders of his Peo_ples Infidelity, and engage them to trust in him for the future.

Tho our Character as Christian signifies our believing in the Father and the Son, John 14.1. and some of us can say, Lord we believe, yet we must also add, Help thou our Unbelief. Mark 9.24.

Who of us but finds a mixture of Infidelity with_in, that makes very strong Efforts against the Im_pressions of Faith?

Now a seeming delay in the bringing about an expected Providence, do's suddenly occasion a mis_construction of the Methods of Divine Love, and thereby a very steady Believer is without much difficulty weaken'd and shaken in his Confidence.

Nay, after the most signal Appearances of God we are apt, like the Israelites, to call in question the Divine Goodness and Power, as the Psalmist re_marks, They said, Can God furnish a Table in the Wilderness?Psal. 78.9. A very unreasonable Question, when God had done so many marvellous things for them in their Sight, in the Land of Egypt, in the Field of Zoan.Ver. 12.Dividing the Sea, that the Waters stood as an Heap; Ver. 15.leading them by a Cloud in the Day, and conduct_ing them by a Fiery Pillar in the Night. Ver. 16. Yet not_withstanding all these astonishing Instances of Omni_potence and Love, they believe not in God, neither trusted in his Salvation. Ver. 22. They had considerable remains of Unbelief, though they liv'd in an Age of Miracles. And how apt the People of God has been in every Age to relapse into Infidelity after his most marvellous Appearances, has been too notorious and visible either to be cover'd or excused.

Therefore one great End of God's condescending to appear for our common Safety, is to cure this Di_stemper of our Minds, and to engage us steadily to trust in him for the future, that we may trust in the Lord, after having found that in the Lord Jehovah is everlasting Strength: A Strength that can never be wasted by Age, nor enfeebled by the Gates of Hell. For the Name of the Lord is a strong Tower, the Righ_teous runneth into it and is safe.Prov. 19.10. By the Name of God we must understand either God himself, or those Perfections of the Deity that are emi_nently display'd in the Government of the World, upon which we are entirely to lean, in Expecta_tion of Safety and Conduct, present and future; which we have good ground to hope for, if we make him the Object of our Trust, who has been the Cause of our Salvation. For they that trust in the Lord shall be as Mount Zion, which cannot be re_moved, but abideth for ever.Psal. 125.1.

But before I pass this Head, I would insinuate that we are not to trust in God, so as to exclude the Use of Means. I would not have you imagine, that by trusting in God, I mean we are to sit still and do nothing; for tho we are not to trust in Cha_riots and in Horses, and in a numerous Host, yet we have no Reason to expect our Enemies Defeat without them, unless we were assured of it by some extraordinary Revelation from God: for our Swords are not yet beat into Plow-shears, nor our Spears into Pruning-hooks; we are still to make use of In_struments of War, and to use the best Conduct that we can; yet after all entirely to trust in our God, and to believe that he that hath deliver'd, will still deliver and save his People.

4. God is pleas'd thus to act, to convince his Ene_mies that he is not only Rector and Governour of the World in general, but that he do's by special Acts of Providence guard and defend his Church.

The successive Events of Time are disposed of by the Divine Order and Permission; and the most High ruleth in the Kingdoms of Men, Dan. 4.17.

There is not any thing in this lower World that is brought about by a blind inflexible Destiny, (as some Heathens fancied) or depends upon the Un_certainties of Chance, as others of 'em dream'd; for, says the Psalmist, The Lord hath prepared his Throne in the Heavens, and his Kingdom ruleth over all.Psal. 103.19 He is in the actual Exercise of an universal Dominion and Empire over Angels and Men. 'Tis not only the exalted Order of Seraphs, and those other bright Spirits above, that were never sullied by Sin, who are under the Conduct of God, but eve_ry Creature under Heaven is govern'd by the same Lord. Indeed some of the Heathens denied God's governing Providence in general, whilst others of 'em acknowledg'd it but in part; for tho they would own that he took care of the great Affairs of Kingdoms and Nations, yet they thought it un_becoming the infinite Perfections of a God, to give so remarkable a Stoop, as to take notice of particular Persons and Things. Magna Dii curant, parva negligunt. Cic. de Nat. Deor. But we Christi_ans, who are guided by a more certain Light, are well assur'd that the Ways of Man are before the Eyes of the Lord, and he pondereth all his Goings: Prov. 15.3.And as Solomon says in another place, The Eyes of the Lord are in every place, beholding the Evil and the Good.Prov. 15.3. He do's not sit in the Heavens, viewing what is done upon Earth as an idle Spectator, but go_verns by his infinite Wisdom what he has raised from nothing by his unlimited Power; and that he do's so, is notoriously visible in those Deliveran_ces that can be ascribed to no other Cause than that that is Divine.

For who taking notice how all things concurr'd to prevent the Murder of our King, and an Invasion from France, but must be forc'd to cry out, Surely there is a God that judgeth in the Earth, who is ve_ry much concern'd for the Happiness of those whom he owns for his People? Particularly how did the obsequious Winds by the Direction of the Lord of the Universe, subserve to our Protection, and to the Disappointment of our Enemies? The Divine Providence having thereby kindly laid an Embargo on our Fleet, contrary to the ignorant Wishes of our Merchants, that we might be ready to defend our selves, and prevent the intended De_scent of our Enemies.

God expects when he appears so visibly, that all should regard his Work, and consider the Operation of his Hands; who says concerning his Church, Isa. 27.3. I the Lord do keep it, I will water it every mo_ment: lest any hurt it I will keep it Night and Day. Which Promise has been eminently made good in the discovery of the late Plot. And one great End of God's defeating the Machinations of evil Men, is to let all see the special Regard he has for his Church: 2 Chron. 16.9. For the Eyes of the Lord run to and fro throughout the whole Earth, to shew himself strong in the behalf of them whose Heart is perfect towards him.

5. He delivers by such special Acts of Provi_dence, that they may remain a lasting Terror to the Wicked in all after-Ages. As special Acts of Providence carry in them visible Tokens for Good to the People of God, so they bear ama_zing Characters of Terror to the Enemies of his Church. 'Tis to be hop'd, it will not a little weaken the Power of our Adversaries, to look back upon their baffled Policies; that which was formerly an Occasion of their Glorying, will proba_bly hereafter administer to their Confusion and Ter_ror. He that sitteth in the Heavens shall laugh: the Lord shall have them in Derision. Then shall he speak unto them in his Wrath, and vex them in his sore Dis_pleasure.Psal. 2.4,5.It will be a distracting Perplexity to the Wicked, and a great enfeebling of their Strength, to be forc'd to remember how God hath appear'd against them, and blasted their black Conspiracies against his Church. How will the Revolution of &horfill;88, and the discovery of this Plot in &horfill;96, re_main to Posterity a Subject of Shame and Trou_ble to the whole Romish party? and one would think (if they have any grains of Modesty left, or are at all capable of reflecting on the Hand of God, which has so eminently appear'd against them) they should scarce ever dare to touch God's Anointed more, or attempt the Ruine of his Church. 1 Chr. 16.22. However, he can make the Wrath of Man to praise him, and restrain the Remainder thereof if he pleases. Psal. 76.10.

III. I shall close all with some Use sutable to the Solemnity of this Day, and that Deliverance for which we are come together to praise God.

1. If our King and we have been deliver'd by a special Providence of God, (as 'tis evident we have) what Reason have we to be abased and humbled, that we are no more affected with so great a Delive_rance, and that our Return bears no better a Pro_portion to the merciful Providence we are under? Surely we have abundant Cause to mingle our Tears with our Songs, that the great Deliverance we en_joy has had so little Influence upon us! Is there not as much Profaneness in our Streets, as much Carna_lity and Lukewarmness in our Churches as ever? Do we not still continue in our old Sins after such a new and astonishing Deliverance? What can we expect should follow on such Stupidity and Ingrati_tude, but that that God who has broken the Snare for our Deliverance, and set our Feet in a large Place, should give us the Reverse of our Happiness, and shut us up into the Hands of our Enemies, un_less we repent? We read in 1. Kings 11.9. that the Lord was angry with Solomon, because his Heart was turned from the Lord God of Israel, which had ap_peared unto him twice. The double Appearance of God in an extraordinary way, did highly aggravate his Apostacy and Revolt from him: And what Shame and Confusion of Face belongs to us, whom God has loaded with his repeated Benefits, since we have made no Returns sutable to them? and except we throughly humble our selves, what can we ex_pect, but that God will be angry with us till he hath consum'd us; so that there shall be no Remnant nor Escaping? Pray observe what follow'd upon the Ingratitude of Hezekiah, 2 Chron. 22.25. But Hezekiah render'd not again, according to the Be_nefit done unto him, for his Heart was lifted up; there_fore there was Wrath upon him, and upon Judah and Jerusalem.

2. Hath God Almighty by a special Act of Pro_vidence deliver'd our King and us his People from the hurtful Sword? let such a Mercy never be for_got, but transmitted to Posterity. May the Cha_racters of this Deliverance never be defac'd by Time, but its Memory kept alive and fresh in Ge_nerations to come; that the Children that are yet unborn, who probably will enjoy the Advantages of it, may hereafter praise God for it, and declare it to their Children. Psal. 78.6. Let us not be like the Israelites of old, who sang God's Praise, but soon forgot his Works. Ps. 106.12,13. May the Circumstances of this wonderful Salvation add a sprightly Accent to the Hallelujahs that shall be sung for it, to the utmost Limits of Time; that the Memory of this Mercy may live as long as the Sun and Moon endure. 'Tis remark'd by a Learned Man, that the City Shushan, the Royal Seat of the Persian Monarchy, was pour_trayed on the East Gate of the Temple, that the Jews might readily recognize and call to remem_brance the wonderful Deliverance of Purim, which was wrought in Shushan, Est. 9.26. Dr. Lightfoot's Temple, ch. 3. Has God Al_mighty delivered our King and us? let us hope in him, and never forget his Benefits.

3. As Heaven hath signalized WILLIAM, our LAWFUL and RIGHTFUL Sovereign, by re_peated Acts of special Protection; let us who profess to be his obedient Subjects at all times, afford him the most visible Tokens of a sincere and signal Loyalty. 'Tis true, he has been engaged for some time in a War very expensive, but it has been for our Safety, and in the hazard of his own Life; and shall we regret the parting with a little of our Estates to keep out a dreadful War from the Bowels of our Country, and for the Defence of our Lives and Liberties? 'Tis not many Years since, that we would have given the two Thirds of what we had, that the other Part might have been secured to us. Therefore let us not murmur at our present Ex_pence, because it is to support the Interest of a Protestant King, whom a continued Deliverance from successive Dangers has mark'd out for the Darling of Providence; a Prince in whom meets the Pru_dence and Courage of all his renown'd Ancestors; and whom not to value and esteem, would be to slight the God that hath girded him for Battel. Judg. 8.34,35.

4. Let us chearfully and cordially praise God for our common Deliverance, a Deliverance so great, that we lack Words to set it out to the full, for it is big with Mercy, I had almost said, with Miracle! Who but must confess, that the Finger of God was in it, and that the Signature of a special Provi_dence are deeply impress'd upon it! and shall we not with the most exalted Vigour of Mind praise God for such a Deliverance as this, that has in some respects hardly any Precedent or Parallel? Let us all beware that we never provoke him by fresh Provocations to throw off his Care, to remove the Candlestick of his Gospel, and give us up as a Prey into their Teeth, whose tender Mercies are Cruelties. For know, that our God will not al_ways be at the Charge of Miracles for our Preser_vation, if we remain in the Practice, and under the Power of our Sins: for if instead of Repen_tance and Reformation, we are multiplying our Transgressions against Heaven, they may in a sort contribute towards another Plot. In a word, let no unseemly Folly or Excess cast a Blemish on our Thanksgiving-day: Nay, let our whole Lives, as well as our Lips, praise our great Deliverer; and let us not cease to speak of the Glory and Honour of his Majesty, and of his wondrous Works, and to declare his Glory among the Heathen, his Won_ders among all People. Let us sing forth the Ho_nour of his Name, and make his Praise glorious, for surely what we rejoice in is the Lord's Doing, and ought to be marvellous in our Eyes.

To close all; Let our Assemblies ring with sing_ing of God's Greatness, and praising his Power, that the Heavens may eccho back again, It is God that giveth Salvation to Kings, and hath saved WILLIAM his Servant from the hurtful Sword.

&horbar FINIS. |CRE |Y1708 Religion and Loyalty, or the Reverence due both to Church and State, Asserted IN A SERMON, Preach'd at the Parish-Church of BISHOP-STORTFORD, IN Hertfordshire, Aug. 31. 1708. At the Anniversary Solemnity of the SCHOOL-FEAST. &horbar Published at the Request of the Gentry and Clergy there present. &horbar By JOHN WALLER, B. D. and Fellow of Corpus ChristiCollege in Cambridge. &horbar CAMBRIDGE: Printed at the University-Press, for Edmund Jeffery, Book_seller in Cambridge; And are to be Sold by James Knapton at the Crown in St. Paul's Church-Yard, LONDON. 1708

To the RIGHT WORSHIPFUL Sir SWINNERTON DYER, Bar&t.sup; And the WORSHIPFUL PULTER FORESTER, Esq; STEWARDS of the School-Feast, AND TO The rest of the Gentry and Clergy there present, This SERMON is Humbly Dedicated.

&horbar &horbar

Matth. XXII. 21. Then saith he unto them Render there_fore unto C�sar, the things that are C�sar's; and unto God, the things that are God's.

THE great advantage of Human Learning; the necessity of training up young Persons to the study of it, in order to make them useful in Church or State; the regard and encouragement by consequence due to such excel_lent Seminaries as this now present before us; these are subjects which have been so often and so com_pleatly handled in this Place and upon this Occasion, that I hope I may be excused if I do not confine my self strictly to them in this Discourse; especially, if what I shall offer from these words may be thought nei_ther unsuitable in this Assembly, nor unseasonable in this our Age.

This indeed is the greatest end and design of all Hu_man Learning, to make us sensible of what we owe to C�sar and what to God; what duty to the Church, and what to the State; unless we be duly and con_scientiously sensible of this, 'tis certain we cannot be either Loyal or Religious, either good Men or good Christians. And yet we can scarce look abroad into the World, but we shall either see Books or hear Discourse plainly destructive of all principles of this kind; so that if to fore-arm young Persons, just now as it were stepping into the World, with an antidote against the Poison they are like to meet with; if to shew those whose riper years are faithfully devoted to the Honour and Service both of God and C�sar, that their choice is well grounded; if lastly to en_treat those that are Parents by the Duty they owe both to God and Man, to chuse those places of Edu_cation for their Children, where they may be most secure that their Principles will not be corrupted, even whilst they are learning Languages in those early years; if all these be, as they most certainly are, attempts suitable to this time and place, and but too season_able in the present Age, then I need make no further Apology for the choice of my subject.

The Evangelists St. Matthew, St. Mark and St. Luke, all tell us that the Pharisees out of their abundant malice against our Blessed Saviour, had resolved, if possible, to betray him into some discourse that might expose him to the resentment of the Roman state, and then turn Informers and Accusers of him. Accordingly they send to him their Disciples with the Herodians, who with a pretended Sanctity, the worst of Hypo_crisy, made it a Case of Conscience whether they should submit to pay tribute to C�sar or not; suppo_sing, not unlike the Author of the Rights of the Church in our Age, that our Saviour could not have a Kingdom upon Earth consistent with Obedience to the Civil Power; that by consequence they might expect his answer in the Negative, and thence proceed to accuse and destroy him. But He surprised them with an advice no less excellent than unexpected, by way of reply to their captious Question; that as they had recognised C�sar for their Prince, by admitting his Image and Superscription upon their coin; so their Obedience and Submission was due to him; that as they had then, and we Christians have now, a Church instituted by God Almighty, so our Duty to that is not inconsistent with our Obedience to the State: Render ye therefore unto C�sar, the things that are C�_sar's; and unto God, the things that are God's.

From which words I shall first consider the Do_ctrin its self contained in them, that we are all subject to two different Powers; that of the Church and State, of C�sar and God.

Secondly, That neither these two Powers, nor the Duties that we owe to them, are at all inconsistent with each other.

Thirdly, That they are both most perfect when per_formed in conjunction with each other; that our Duty to God is the strongest Motive to make us care_ful of what we owe to C�sar; and mens reverence to the Church the greatest possible security to the State.

I shall treat of these Heads in as brief and plain a manner as I can, and then make an Application of the whole, that will, I hope, be thought suitable to the present Occasion.

And First, to consider the Doctrine contained in our Saviour's Words, that we are subject to two different Powers, that of the Church and State, of C�sar and of God.

Indeed the duties that we owe the Temporal Power, to begin with these, are likewise duties that we most strictly owe to God too; and that's the greatest pos_sible Obligation upon us to the careful and conscien_tious discharge of them. This is as plain from the light of Nature, as that God is the God of Justice, Order and Society, and cannot but disapprove of In_justice, Violence, Anarchy and Confusion. This ob_ligation Scripture asserts, and must be understood to make it as sacred as words can do, if interpreted in any sense agreeable to the sincerity with which all Christians must believe it to be wrote. That we should not only obey God, but our Prince; that as all Power is of God, so the Temporal Power is his Ordinance, and the Magistrate his Minister; that by consequence whoever resists this Power resists the Ordinance of God; there can be no fair meaning of all this, but that God has delegated his own Authority to the Magistrate, for the preservation of Justice, Peace, Property and Order amongst Mankind: and since every Soul is enjoyned to be subject to this Pow_er, it can have no Superior but God himself. Since He is Supreme over all Human Power, and the abso_lute Lord of the whole Universe; his Will is that Law, and that only that ought to take place, and claims our Obedience before any Human Commands whatsoever. Thus we cannot possibly be laid under any Obligation to act contrary to the rules of Mora_lity or Religion, to the Law of Nature or Scripture; all these being the Laws of God, the result of his Su_preme Authority over all Rational beings, and all Powers whatever upon Earth. By the same reason his Institutions contain'd in Scripture are the things that belong to God, and him only; and he indispensa_bly requires our Obedience to these at the same time that he requires our Temporal Subjection and Alle_giance to C�sar. If then our blessed Saviour did by the Divine Authority institute a Church, himself the Head, and all Christians enjoyned to be Members of it; if he fixt Laws, Offices and Officers proper to it, as a Society sacred to God Almighty, and distinct from all other Societies upon Earth; then it cannot be denied that we are all under the two distinct Pow_ers of Church and State, without denying the Scrip_tures and renouncing our Christianity.

That both the Church Catholick, and all National Churches as parts of it, were design'd by our Saviour to be Societies distinct from the Civil Power is ap_parent, because he did actually institute them at a time when all other Powers in being upon Earth were, so far from being concern'd in their Institution, that for about three hundred Years they all used their utmost endeavors to extirpate and destroy them. Our blessed Lord after his Resurrection expressly enjoyns and commissions the Apostles to preach the Gospel to all the world, Matth. 28.19. Mar. 16.15. and as my Father sent me, Joh. 20.21. so says he send I you. Now as it must necessarily be his design in giving the Apo_stles this Commission, that they should out of all Na_tions make as many Converts as they could to his Re_ligion; so the whole number of Persons, in all the World, by their preaching converted to Christianity, this was the Catholick or Universal Church then in being. And as 'tis impossible to be supposed that this Church, thus founded by our Saviour's Authority, should be designed to last but one Age; as the Prophet Daniel long before, Dan. 7.27. and the Angel at his salutation of the Blessed Virgin Luk. 1.13. foretold his Kingdom to be everlasting and without end; lastly as himself promis'd Matth. 16.18. so to build his Church, that the gates of hell should never be able to prevail against it; so it must be most certainly true and impossible to be denied without contradicting the Gospel, that as at first, so from thence to our days, and so from us to the end of the World, the whole number of Believers is the Universal Church, Christ's building, and our duties of adhering religiously to it, duties that we owe to God himself. And as 'tis un_deniable that the Universal Church is one whole Body, consisting of and including all National Churches in the World, as the parts of which it consists; so the Divine Authority, and Original of all these parts, is necessarily implied in that of the whole. As our Blessed Saviour commissioned the Apostles, and there_fore their Institutions must be look't upon as his; so nothing can be plainer, than that they did actually in_stitute National Churches, as parts of the Catholick in all places wherever they preacht. Thus we read of the Church of Jerusalem, setled by their joint Au_thority with its proper Officers, James the Brother of our Lord as Bishop and the Elders of it, Acts 15.2.19. and chap. 21. v. 18. Thus St. Paul writes to the Corinthians, Galatians, Thessalonians, and Philip_pians, calling them expresly Churches which he had Founded, and to the last of these he applies himself, Philip. 1.1. together with its Officers, Bishops and Deacons, probably made so; but certainly approved as such by himself. The same great Apostle, we read both in Scripture and Church History constituted, Timothy Bishop of Ephesus, and Titus of Crete, giving to both a power of Ordaining others: Lastly, to name no more particular Instances; Acts 20. 17, & 28. we are told that from Miletus in his way to Jerusalem, he sent for the Elders of the Church of Ephesus, and when they were come, charges them to take care of the Flock over which the Holy Ghost had made them Overseers, and calls this feeding of the Church of God, which our Lord had purchased with his own bloud. As therefore tis plain from these and the like passages of Scripture, that the Apostles did institute National Churches, as parts of the Catholick, in those Countries where they preach'd, so their Commission being given them by our Blessed Saviour, these Institutions are his too, and stand upon his Divine Authority. As he by the Ministry of the Apostles founded this his Univer_sal Kingdom, consisting of these its several parts, to continue to the World's end; so this Method and Constitution of it, establish'd by these Holy Persons, must in all Ages be of the same Authority and Origi_nal, as the Kingdom it's self. For us therefore to maintain constant Communion with the Church, to be dutiful and conscientious Members of it, these are duties that we immediately owe to God himself; and he has likewise oblig'd us to be obedient to that Power which he has delegated to our Temporal Prin_ces, without dispensing with us in any Case; but where their Commands are inconsistent with the Duty that we owe to him.

Before I proceed I must observe this plain Conse_quence from what has been said; that if the Church and its Ministry be Divine Institutions, then those Functions for the exercise of which this Ministry was instituted must be so too. As our Blessed Sa_viour commissioned the Apostles, and they the Church in after Ages, to set apart a distinct Order of Men for the performance of Divine Service, and those Of_fices which he made necessary to be kept up in the Church; so the exercise of these Offices is both ap_parently and sufficiently founded in this Commission, and cannot be suppos'd to depend upon any other Foundation, without making the Institution of our Blessed Saviour useless and insignificant. 'Tis very plain from hence, that the performance of these Holy Offices, for which the Ministry was established, is ap_propriated to the Ministers of the Church in all Ages; and that no Person can have any Right to perform them, who is not made a Minister of the Church ac_cording to the Apostolical Institutions. That perni_cious Principle then, that every man may be a Priest for himself, must be as false as 'tis pernicious and de_structive of the Church. Did the Apostles give Ti_mothy, Titus, and many others, a Power of admitting Persons into Holy Orders, and of conferring the same Power upon their Successors after them? Was it the design of dedicating these Persons to God, that his publick Worship, the Administration of the Sacra_ments, and the duties incumbent upon Spiritual Guides should be perform'd by their Ministry? Was this the universal Belief and Practice of the Church in all the Ages next to the Apostles? All this is unde_niable, and not only so, but as far as History can in_form us, this was the Belief and Practice of all Chri_stians, until broken in upon by the Sectaries, that be_gan within less than three hundred years of the pre_sent Age. If these things be true, then those persons must be guilty of contradicting Christ and his Apo_stles, and the Catholick Church, who assert that in no sort of Divine Service, any Man can be more a Priest than another, that every single Person may be a Priest for himself, that there is no need of any such Orders, as distinct from other Men, or at least, that the Ci_vil Power may Create or Abolish them at pleasure.

But I come now to the second part of my proposed Method, to shew that neither these two Powers of Church and State, under which God has placed us, nor the duties that we owe to them, are at all incon_sistent with each other. And this is as certain, as that the Institutions of our Saviour and his Apostles could not be inconsistent with the Doctrine which they preach'd. He having expresly commanded us to render to C�sar the things that are C�sar's, and every where condemning all breaches of Loyalty and Obe_dience to the Civil Power; and having likewise, by the Divine authority, Establish'd a Church and Mini_stry to continue to the Worlds End; all Christians must acknowledge that those his Doctrines, and this his Institution, cannot be contradictory or inconsistent with each other. In like manner He having commis_sioned the Apostles to be his Deputies, in constituting his Church, they must necessarily have been capacita_ted for that Office; and therefore since they did both preach and pay all due subjection to the Magistrate, and at the same time constitute the Church, and settle its Ministry by our Saviour's authority; upon this account, no Christian ought to assert, that the Divine Commission given to the Church and its Ministers, is any diminution to that obedience, which all Subjects, Ecclesiastical as well as other Persons, owe to their Temporal Princes and Governors; this would be to make the Apostles Orders contradict their Doctrines; and their Actions to subvert the Civil Power, though at the same time they call it God's Ordinance, and exhort us to pay all possible veneration to it.

'Tis objected by the Author of the Rights of the Church, that there cannot be two independent Pow_ers in the same body of Men without confusion, and therefore God cannot have settled any Church in the World as a Society distinct from the Civil Power: But since I hope I have proved from Scripture, that God has actually settled such a Society; I hope this will not be called confusion. That the Primitive Churches as settled by the Apostles for about three hun_dred years after our Saviour, were actually Societies en_tirely distinct from all Civil Powers upon Earth, this is undeniable matter of fact; and if our Adversaries will allow that this was no injury to the Civil Power; they must likewise free the Divine right of the Church in all Ages from this imputation. The primitive Chri_stians did indeed, and we in like Circumstances must do the same, renounce the Roman and other false Gods by the command of the true one; and by the same warrant did form themselves into Churches, with their proper Officers for the worship and ser_vice of God Almighty: all this was equally con_trary to the will of all Civil Powers then in being; but yet no breach of duty, no encroachment upon the authority of these Powers; because 'twas only obeying God rather than Man. In all cases besides this, the Christians paid an entire subjection and al_legiance to their Governors; nay in this, where they acted upon the command of God, and exercised the Spiritual Power derived from him; still they own_ed a temporal subjection to the Magistrate, by submit_ting, as they were enjoyn'd by Christ and his Apostles, to those cruel Penalties, which he unjustly inflicted on them on this very account.

When the Roman Emperors, and after them other Princes, came to be Christians, this change could in its nature be no destruction; but must be a further Secu_rity and Establishment of the Church as constituted by the Apostles; for these great Persons, by declaring them_selves Christians, declared themselves obliged to add, and use their authority for the preservation and honour of the Doctrines and Institutions of Christ and his Apostles; and as whoever has a duty must have a right to execute that duty; so hence I conceive our obliga_tion to obey our Princes, in all matters Ecclesiastical as well as Civil, plainly deducible. Now this does not destroy nor any way lessen the Divine Commission of the Church and its Ministry; but only makes it the duty and right of Christian Princes and Magistrates, to add their temporal power, protection and encou_ragement, to the Spiritual authority derived from God, to preserve the Church pure and entire. What they command in order to this end, as well as in other matters, all their Subjects, the Ministers of the Church as well as others, are obliged to obey, if lawful. What upon the best information we can get, we believe un_lawful, 'tis certain we are obliged not to do, by an antecedent and Spiritual obligation that we are under to God Almighty: But his Kingdom being not of this World; 'tis the Doctrine and example of our Sa_viour, the Apostles and the whole primitive Church, that we are obliged to submit to all Sufferings that we may meet with from the Temporal Power upon that account. Should this power endeavour to destroy the Institution of our Saviour and his Apostles; we can_not obey any command in order to that end, because 'tis unlawful; and the Rights of the Church are by the Divine command for ever unalienable: But this is no more inconsistent with our duty to the Magistrate, than our refusal of obedience, which we are obliged to give to any unlawful command whatsoever. To com_prehend the merits of this cause in as few words as possible; The Church as founded by our Saviour and his A_postles is no creature of the Civil, but purely of the Di_vine Power and Authority; but this prejudices no Civil Power; because it exempts no person, Clergy or Layety, from any obedience naturally due to this Power. For the Law of Nature says, there can be no obligation to any thing unlawful, and Christianity obliges us in the strictest manner to obey our Governors in all cases, but this only: they can have no right to be Destroyers; but as it must be their duty to be Protectors of the Church; so the Gospel attributes to them all possible authority requisite to the discharge of this great and Divine trust.

This was the power which good Princes always exercised amongst the Jews, where the Law and Priesthood were entirely and expresly of Divine In_stitution, as any person must see that without pre_judice reads the Histories of David, Jehoshaphat, Hezekiah, Josiah and others remarkable in the Old_Testament; this is the power which Christian Prin_ces, both before and since the usurpation of the See of Rome, have ever thought themselves entrusted with; and 'tis the very same power which the Church to which we here present belong, attributes to Our Religious Princes, as may plainly be seen in our Thirty Seventh Article, confirm'd by the approbation both of Church and State; where the Supremacy given to the Prince in Ecclesiastical matters was never intended to take away the Commission, which the Church and its Ministry derives from Christ, as the Author al_ready mentioned very unfairly suggests; but as its principal aim was to exclude the Papal and all for_eign power from amongst us; so it says expresly, we do not attribute to our Princes the Ministry of God's Word or the Sacraments, and that we give them that Prerogative only, which we see to have been given to all Godly Princes in Holy Scripture.

I proceed therefore to the third general Head of my Discourse, that the duties which we owe both to Church and State are not only consistent, but most perfect, when performed in Conjunction with each other; that our duty to God is the strongest motive to make us careful of that we owe to C�sar, and Mens reverence to the Church the greatest possible security to the State.

I shall endeavour to make out this Truth as clearly as I can, both from Scripture and Reason, not doubting of a favourable attention in this place, nor regarding how little persons of loose and corrupted Principles may be inclined to receive any thing that is offer'd upon this Subject. And first, it must be observ'd that no person can have a conscientious Zeal for the Church, but out of a Zeal for the Divine Institutions contain'd in Scripture; and no person can have a due regard for these Institutions, but must be a religious and dutiful Subject of his Prince. Setting aside all useless Di_stinctions, the true notion of a religious Member of the Church, is one that adheres strictly to Scripture its great Charter, taking its words in their natural Sense, without forcing Interpretations upon them to make them comply with every notion and every pra_ctise of Man's chusing. Let this Holy Book be thus fairly interpreted; 'tis impossible Civil Power should be declared more sacred and inviolable than 'tis there declared: 'tis impossible Princes and Tempo_ral Powers can demand more power than is there given them, if they will but allow themselves to be subject to God; or that Subjects should be more strictly and unexceptionably oblig'd to be dutiful to these Powers, allowing that they must obey God in the first place. The precepts and example of our blessed Saviour, his Apostles, and the whole primitive Church, is every where, entirely of a piece in this point. Our Lord allows not our Obedience to God without that to C�sar; he paid tribute tho' he might have refused it without injustice, and submitted to the most unjust Sufferings for an example to the Church, as the Apostle tells us, 1 Pet. 2.21. when he might have had Legions of Angels for his Assistance. The Apostles and primitive Christians, as they kept most strictly to the Commands of God, and the Rights of the Church; so they did it in such a manner that their whole proceedings are undoubtedly the most ample Acknowledgments, the greatest Confirmations, and the most unparalell'd Submissions to the Tempo_ral Power, that the World ever yet saw. 'Tis very disingenuous in Mr. Milton, Gronovius, and other Mo_dern Authors, to say they wanted Power, else they would have resisted. The Learned Grotius, as if he had been alive and wrote against the Commentators upon his excellent Book, de jure Belli & Pacis, un_answerably takes off this imputation, by proving both from the Fathers and Historians of the Church, that there was a Power, had there been a Will, to have re_sisted. I cannot forbear repeating what Tertullian tells the Emperors themselves upon this Subject, tho' a very known passage. Externi sumus & vestra om_nia implevimus, urbes, insulas, castella, municipia, con_ciliabula, castra ipsa, tribus, decurias, palatium, sena_tum, forum; sola vobis reliquimus templa. Cui bello non idonei non prompti suissemus etiam copiis impares qui tam libenter trucidamur, si non apud istam disci_plinam magis occidi liceret quam occidere? The truth is, these Holy Persons who maintain'd the Church by the Command of God, Grot. jure bell, &c. 1. I c. 4. thought the Principles of the Church oblig'd them to lose their Lives, rather than resist the lawful Powers, tho' punish'd by them for obeying the Command of God; these Principles they bravely avowed before Princes and Emperors, in the face of Torments and Death its self. There cannot be a greater security to a State, than such a Church as this; and such 'tis plain, if all History be to be credited, was the Christian Church in all Ages, till the Bishops of Rome began to usurp Authority over Princes: That Authority as it was never pre_tended to, till many ages after the Primitive and pu_rest Times; so the Church whereof we here present are Members, have prov'd it to be an innovation and a corruption of Christianity, even to the silencing of our Adversaries. As we at our happy Reformation set aside this corruption; so our Adversaries themselves cannot but own that we retain the Doctrine of the Primitive and Apostolical Church: We hold the same Duties to God and C�sar, the same Divine Insti_tution of the Church, the same Rights of Obedience and Subjection, which the Temporal Power by Com_mission from God claims from us, and by consequence, I must add, that Our Principles are the same security of Loyalty to our Prince, that those of the Primitive Church were.

Should we depart from that Government of the Church, which the Apostles Instituted, and the pri_mitive Ages universally received; should we with the Libertines of this age make all Churches, and all Re_ligions indifferent; the same liberty that we must take with Scripture to make it agreeable with these Prin_ciples, would full as easily interpret away the Divine Commission of all Princes and Civil Governours: and 'tis matter of fact, that those who espouse this Latitude, with respect to the Church, do the same with respect to the State too; allowing our Princes no better secu_rity for their Crowns, than the will and approbation of an unconstant multitude. If any of Our Commu_nion take up these principles; they are not principles of our Church, they are not the principles of Christ and his Apostles; unless we can suppose them to have wrote one thing, and both meant and practis'd ano_ther. These indeed are the principles that ruin'd both our Church and State, that Murther'd the best of Kings, and voted our house of Peers useless in the last Century; but thanks be to God, we have no need of such helps as these to justify our Nations later deliverance from Popery, Arbitrary and Foreign Pow_er. I should be in hopes to prove this very suffici_ently, would the time, which I have already almost trespassed upon, admit of it; and at present shall only observe, that in the Act made at the Revolution for settling the Crown, the States of our Realm do declare, That practises had been set on foot, which tended to the Extirpation of our Religion, Laws, and Liberties, which is indeed the Extirpation of our whole Constitution; that the Government was Abdi_cated, and the Throne thereby vacant; and therefore, to prevent Anarchy and Confusion, it was necessary for them, the only Power in being that could do it, to make provision for the Settlement of the Nation in its ancient Constitution, Rights and Liberties. Primo. V. & M. This was no appeal to the People as Supreme Judge; but the joint Act of all the parts of our legal Civil Power that could then be had; and that too in the greatest Extremity, as the Wisdom of the Nation judg'd it; all which is allow'd by the Learned Grotius, and o_ther Authors; who long before these events among us, wrote in defence of the Rights of Princes against this Supreme Power in the People. Grot. de Jure, &c. 1. I c. 4. I 9. & 13.

And thus having finished what I had to offer con_cerning these two great Duties which we all owe to C�sar and God; I am oblig'd to detain you only whilst I make an Application of the whole, that may be suitable both with this Assembly and the occasion of it.

And First, I shall beg leave to observe from what has been said, with particular regard to our own Country, how much it becomes Persons of Rank and Education to promote the Honour of the Na_tional Church.

I am sensible how much the present Congregation, and others that have met in this Place upon this So_lemnity, are living instances of this truth; and that the mention of what ought to be, is the commendation of what actually is, in this respect. But it can_not be amiss to confirm worthy persons in worthy practises, especially since we cannot boast, that the World is very apt to imitate such fair Patterns. Is Scripture true? Is the Divine Institution of the Church there contained? Is this our National, a Sound and Orthodox part of the Catholick Church? If so, are not those in the highest degree oblig'd, to make their Actions speak their sense of these things, whose Edu_cation gives them opportunities of knowing them to be true more perfectly than others? Our Doctrine, our Canons, our Articles, our Homilies, and our Publick Forms of religious Worship, do all give to C�sar the things that are C�sar's, as sure as Scripture its self does. 'Tis manifest then, that those persons whose Rank, Influence or Authority qualifies, and therefore obliges them to be more serviceable to their Prince than those of a meaner Station can be, are in the highest degree concerned to maintain and assert these things of God; and besides the common Obligation of Christianity, have a particular one to their Prince and Country in this respect. We are at present, and God grant that we may long be so, bless'd with a Queen, who, if any Prince can possibly be, might be safe, even upon that loose and dangerous Princi_ple, that the Supreme Power is in the People; so much does She not only merit, but possess the Hearts and Wills of Her Subjects to defend and serve Her; but this encreases, not lessons our duty of promoting the Reverence due to those Truths, that will make Her sit most secure upon Her Throne: if these be the Doctrines of Scripture, and the Primitive Apostolical Times; and if our National Church maintains these Doctrines; if it has suffered for them; if the Crown has suffered in the Church's Sufferings, and in the contempt and neglect of these its Principles in the Nation; if all this be matter of fact, as no person can deny it to be that knows any thing of this Na_tion: Then I must presume to say, the Church and Queen ought to be inseparable in our Affections and our Prayers; our Duties to God, and those to C�sar are really inseparable; and as 'tis certain we cannot be dutiful to God; so neither can we be truly serviceable to our Country, unless we make it our conscientious endeavour to promote the practice of both these in conjunction with each other.

But Secondly, I must observe from what has been said, how much we are concerned to prevent the corruption of our Youth in their Notions of these great Duties to Church and State.

And if these Duties be Essential both to the Chri_stian Religion, and the Security of our Government, as I hope I have prov'd them to be; then it must be own'd, that the present Age gives but too great occasion for this concern. Young Gentlemen cannot go abroad into the World, but they will meet with Persons that, even in their earliest Years, will endea_vour to instil into them these Principles; that the Church is but what the State, and the State but what the People please to make it. No notice is taken of what God has made either, neither is Scripture called into the debate. They are amused only with a vain Notion of Liberty, Scurrilous Declamations against all Holy Orders, and misapplied passages out of our Ci_vil, and perhaps Ecclesiastical Laws. Now as 'tis not I fear generally to be expected, that very young Persons should be at the pains of searching these things to the bottom, and thereby detecting the fallacy and falshood; so that freedom from all manner of re_straint, which these Doctrines carry a long with them, must appear very desireable, and be apt to gain a great deal of ground, unless where there is a very religi_ous regard to Scripture upon the Mind, which must be own'd to be too much wanting amongst us. Should our Youth in this Age by this means be corrupted; our Nation in general must be so in the next. Could the Son of Man then find faith upon the Earth? Could either God or C�sar expect his due? Were Religion and Conscience, and our Duty to the present excellent Constitution of this Realm, thus enervated and un_hing'd; the Church its self would not suffer more in the contempt of its Divine, than our Princes, our No_bility and Gentry would do, in the precariousness and instability of their Civil Rights: this is undenia_bly a very melancholly prospect, and as undeniable 'tis, that the highest obligation lies upon all Estates a_mongst us, to take the utmost care that it may never come to be more than a prospect. If it be ask'd how this may be done; I must presume to answer by taking care of the Education of our Youth; that they may be put into no hands but where we may be secure, there will be no endeavours to corrupt them; but where they will, in their first years of Knowledge, be put in mind of Religion, be made acquainted with Scripture, be accustomed to their duty to God, and be made sensible, that 'tis no abridgment of their na_tural Liberty to be subject to the Divine Laws.

That such an Education as this may be depended upon in our publick Grammar Schools, as these early years grow capable of it, is apparent to all Persons that know any thing of the manner of them. That our Universities do more particularly aim at these great ends, where young Persons are of riper Judgments and come from the study of Languages to that of things, will I hope be denied by none, but those whose Principles we oppose, and endeavour to keep those under our Care from being infected with. For 'tis undeniable, that all Persons amongst us are oblig'd to be constant at Religious Worship, to be instructed in Divine as well as Human Knowledge, in the Do_ctrines of our Establish'd Church, and in their Du_ties both to that and the State; that Vertue is en_couraged and Vice censured; nay I will add, that we actually have as few breaches of good manners amongst us, as any considering Person can expect in such nu_merous Bodies. Besides these things of the greatest moment; 'tis matter of fact, that Young Persons, in our Schools and Universities, do make, at least, as great Improvements in all parts of Human Learning as in any other places whatsoever; so that whoever puts all these Considerations together, and none can be a fair Judge in this Case that does not, must allow that our Quality and Gentry may much better expect to make their Sons Ornaments to their Country, by means of this our publick Education, than by put_ting them into any particular hands, where they are generally uncertain what Religion, what Morals or what Politicks will be infus'd into them.

To conclude with something yet nearer to the oc_casion of our present Meeting; as 'tis designed to pay a respect to Learning, and this sort of Education which I have mentioned; so 'tis certainly a most commendable instance of the Unanimity and good Correspondence between the Gentry and Clergy, for which this part of the Country is so deservedly Celebrated: 'tis an expres_sion of our agreement, in approving and encouraging the best Service both to Church and State, the Instruction of Youth in the Rudiments of Learning, and the accustoming of them betimes to Religion. I may add, that one design of this Meeting is, our united endea_vour to make the World take a just Notice of the Excellent and Successful care of this kind that's taken in this Place.

May God Almighty encrease in us all a publick Spirit, and an Affection for such good designs as these. May we never separate a Learned and Religious Edu_cation from each other; and always remember this great Truth, that our Temporal and Eternal Welfare, and the Interest of our Country, entirely depends up_on our Observance of the great Precept in my Text, Of giving to C�sar, the things that are C�sar's, and unto God the things that are God's.

Which that we may all Conscientiously do, God of his Grace and Mercy grant, for the sake of our most blessed Saviour; To whom with the Father and the Holy Ghost, be ascribed all Honour, Glory and Praise, both now and for ever. Amen.

THE END. |CRE |Y1711 A Funeral Sermon, Upon the Sudden And much Lamented Death of Dr. Francis Upton; Who Died September 4th, 1711. Preached at Black-Fryars. &horbar By Samuel Wright. &horbar The Memorie of the Just is Blessed; but the Name of the Wicked shall Rot, Prov. X.vii. The Righteous shall be in Everlasting Remembrance,Psal. CXII.vi. &horbar LONDON: Printed by W. Hurt, for John Clark, at the Bible and Crown in the Old-Change, 1711.

&horbar &horbar To Mrs. Upton Widow, and to the Rest of the Family and Relatives of the Deceas'd.

AT your Request the following Sermon is Printed: And as you have many Friends, yea Families that are Sufferers, and Mourners together with you, who will be desirous to Read it; so I promise my self that Your Approbation will very much Recommend it to Others.

MY Great Design hath been to do Ser_vice to the Living, whilst I have been paying this last piece of Respect to the Dead: And however I Succeed as to others, it is some Satisfaction to Think that I have not been wholly disappointed in my Attempts to be Serviceable to You.

AS you were pleased to Call me In to bear a Part in your Affliction, and to As_sist you in the sustaining of it; so would I now Gather up a few of those Hints that have been Useful on this Occasion; be_lieving These will be much more Acceptable to you, than to fill a Dedication with Useless Complements.

YOU have a great deal to Quiet and Comfort you under the present Calamity. You have no reason to Question the Happi_ness of the Soul that is Departed; and it was a Consolation that our Blessed Saviour left with his Disciples at his leaving the World, If ye loved Me ye would Re_joyce because I go to the Father. And then again, you your selves have observed the Wisdom and Goodness of Providence, both as to the Time and the Manner of his Departure. He has Liv'd to see Things so far settled, His Affairs, and his Chil_dren so dispos'd of, and his House so set in Order, as must very much Allay your Sorrows. Add to this that it is the Will of God it should be thus with you; and He is certainly to be Rever'd in all his Dis_pensations; and He is able to make up the Widest Breach. But further, you have promised to Forsake all for Christ, when called to it, in your Covenant Transactions with him; you have sealed and agreed to be his Followers, even upon Those Terms, Math. x.37. He that Loveth Father or Mother, &c. That is, the nearest Relati_ons, yea even his own Life more than me, is not worthy of me. And once more you know that the Time is short, and therefore this should Moderate our Griefs as well as our Joys. It is but a little while and Both will be at an End.

BUT you will give me leave to put you in mind that you have something more to do, than meerly to Bear this Affliction; it is your Duty to Improve it also. To lose such a Relation, and after that to lose the Benefit and Good that might be gain'd by this Exercise, would be a Double Loss; yea in the End the latter will prove a Much Greater, and more Grievous Loss than the former: The One you are Not Accountable for, the other you Are: The one is your Affliction, the other would be your Sin: God forbid that your Sorrow should be thus Aggravated and Encreas'd.

LET This therefore, be a Time of Watching and Conquering your own Spirits, that they may neither too soon throw off, nor too much Sink under, the Tryal; not to Despise and make light of such Rebukes on the one hand, nor to Faint under 'em on the other, is the Happiness and the Duty of a Christian. Let this be a Time of Retiring from the World, and Commu_ning with your own Hearts, so as that You may become truly Acquainted with Your selves, and with the State and Condition of your Souls. I have heard it from you as a Saying of him that's Gone, We ne_ver so well know our selves as by Af_flictions. Let your Sins, Now, be called to your Remembrance, and your Repentance Renewed while your Hearts are Tender, and humbled within you. Blessed are they that thus Mourn, for they shall be Com_forted, Math. v. Let your Resolutions, now more than Ever be Fixed for God, and Heaven. Let those Affections which were set on your Dear Deceased Relative, now Go Up with him to that Place where Christ sitteth at the right hand of God. We should not only follow the Bodies of our Dead to the Grave, but follow their Souls to Glory; our Hearts should still Accom_pany them there, and we should long to be with them in that Blessed State where there are no Imperfections, where there will be no more Separations. In the mean time you should Give up your selves, and all your Affairs into the Hands of God; sub_mit to his Conduct; trust in his Goodness and Mercy; walk in his ways; be sure not to forsake Him, and you may Rejoyce in the Application of that Promise, Heb. xiii.5. I will never leave thee, nor for_sake Thee.

I know it is your Desire thus to do, and I shall not cease to Pray for that Grace that may Enable you.

I heartily wish you the Comfortable En_joyment of your Remaining Blessings; and if it Please God, the Increase of them. I thankfully acknowledge Your and the Doctor's great Kindness to Me, and Mine; and since I am not Capable of making any Returns to Him, It shall be my Study, and Pleasure to do all I can as a Testi_mony of my Gratitude to You. May the Presence of God Accompany you in your Removes; may this still put you in mind of your Condition in This World, which is so aptly in Scripture Compared to that of Pilgrims, and Sojourners. And may all these things have so Good an Effect, as that the Joys of your Future Meeting a Deceased Husband, Father, or Brother, may abundantly Recompense the Pain and Agonies of your Late Parting. I am,

Your very much Obliged and truly Sympathizing Friend and Servant, S. Wright. Bury-Court, Sept. 24th, 1711. &horbar

&rphand; The World will, I hope, Judge of the many Scandals that have, of late, been fixt upon the Dissenters, by the Paper that was, Yester_day, Cry'd about the Streets, and Sold for Dr. UPTON's Funeral Sermon.

&horbar &horbar A Funeral Sermon. &horbar

James IV.xiv. latter part. For what is your Life? it is even a Vapour that appeareth for a little time, and then vanisheth away.

&horbar

TO Understand the Design of these words, we need not look any farther backwards than the preceeding Verse: In which we find the Apostle Correcting the folly of those who Lay their Projects and Contri_vances for Worldly Gain and Prosperity, so as to leave the thoughts of God's Providence, and their own Mortality, out of their Schemes; as if they had both Life, and all its Advan_tages at their Command. The intent therefore of this Passage is, to Check the Man of Business and the World in his too eager and peremptory Determinations for the pursuit of pre_sent Things, by teaching him to submit All to the Will of God, who does alone dispose of our Times, and our Mercies.

Thus much also we are Taught both by the Life and the Death of our Departed Friend, as we shall see in the sequel of this Discourse. A Life so Busie, and so much under the Con_duct of Religion; together with a Death so sudden and sur_prizing, cannot, one would think, fail of making very deep and useful Impressions. And how exactly our Text is suited to this Melancholly Occasion, will appear, if you Reflect on this one Circumstance; that He, who to all appearance was in Health at the close of one Day, lay numbred amongst the Dead in the Morning of another. Well may we say with the Apostle, Ye know not what shall be on the Morrow: For what is your Life? it is even a vapour, &c.

Every sudden Death we hear of, methinks speaks no less to us than this, that at the present moment, for any thing we know, we may be as near dying, as if our Friends and all a_bout us had given us over for Dead; and therefore that it is not unfit to suppose our selves in such a Condition, while we are Meditating on this Subject. Thus let us set our selves seri_ously to Consider,

I. The Description and Representation that is here given us of the present Life. II. Those things which may reconcile us to such an Account: And III. The Improvement which we ought to make of it.

I. Let us seriously Consider this Description of the Present Life, It is even a vapour that appeareth for a little time, and then vanisheth away.

I shall not seek after any thing that might Surprize in this Metaphor, but only Enlarge a little on these Three plain and very obvious Things.

1. Our Life is said to be a Vapour, on the account of its shortness: it appears but for a little time. As an Exhalation that rises out of the Ground, or the Waters, may wander a while upon the Surface of the Earth or Seas, 'till having spent it self, it disappears, and is seen no more; so Life, which some have called an active Spark struck out at the meeting of Soul and Body, seems very sprightly and busie 'till the Vital flame is spent, and then it Languishes and is Extinct. And if it should reach the longest Term of its appointed Duration, yet may it very well be said to be but a little time; as in that known place in the XC Psalm. The days of our years are threescore years and ten; and if by reason of strength they be fourscore years, yet is their strength labour and sorrow: for it is soon cut off, and we flee a_way. How does the Scripture every where abound with affect_ing Representations of this Truth! Sometimes Life is reduc'd to one of the least and scantiest measures, Thou hast made my days as an Hands-breadth: And in other Places, the shortness of Time is set forth by the swift motion of it. My days, says Job, are swifter than a Weavers Shuttle; which is no sooner thrown in at one side of the Web, but it is out at the other. If we look to the Sea, our days are said to pass away as the swift Ships; if upon the Earth, they are swifter than a Post: Or if we look into the Air, the Eagle that hasteth to her Prey, flyes not so swift as the wings of Time carry us, Job. ix. beginning.

Now tho' a Life of Fourscore Years should be thus described by those things which are but of a few days, it may be but a few minutes continuance, yet there is no Impropriety or Un_justness in the Representation; because that Everlasting Dura_tion which the Scriptures all along have a respect to, will make the Life even of a Methuselah to seem but a moment; and when compared with Eternity, a Thousand Years are no more than a Point of Time: But when we consider how many Ages now go to make up such a Summ as a Thousand Years, and yet how few that live to what we call a full Age; such Compari_sons as these, cannot but appear with a very moving Propriety.

2. Our Life is called a Vapour, to signifie the Uncertainty of it: For as such a Meteor never continues long, so it is always very uncertain; one moment spreading to a considerable mag_nitude, and the next dwindling away, so as to be scarce visi_ble; Now it shines with a brightness that shall draw the at_tention of all about it, and in the twinkling of an Eye disap_pears, and is suddenly put out. Just such an Uncertain thing is Life, so continually in danger, and so quickly Extinguished. If I may speak in borrowed Language: "When we consider this fearful and wonderful Frame of a Humane Body, this infinitely complicated Engine; in which to the due per_formance of the several Functions and Offices of Life so ma_ny Strings, and Springs, so many Receptacles and Channels are necessary, and all in their right Frame and Order; and in which, besides the infinite Imperceptable and Secret ways of Mortality, there are so many Sluices and Flood_gates to let Death in, and Life out; we must say that it is next to a Miracle, tho' we take but little notice of it, that every one of us did not Die, every day since we were Born. Tillotson.

So many are the Distempers, and so many the Casualties with which the Bills of Mortality are filled every Week; some dying in the Bloom, and others in the Midst of their Days; some wearing away by slow degrees, and others on a sudden expi_ring; some in the midst of Business, and a full Employment, others in the midst of Honours, and in the Highest Stations; that upon the whole we find, in all Ages and in all Conditi_ons, Mens Lives are at the same Uncertainties; Nay, sometimes Life is like a Vapour in this, that it makes the brightest Blaze, and draws the greatest Observation, when upon the Point of Expiring.

3. Our Life is compared to a Vapour, to show the Irrecovera_bleness of it when it is once gone: it vanisheth away. Thus Death is described by the Psalmist, as a going hence and being seen no more, Psal. xxxix. And in this sense it is said in the Book of Job, that Man lieth down, and riseth not 'till the Heavens be no more, they shall not awake, nor be raised out of their sleep, Job xiv.12. What I Design by this, is to put us upon a suitable Attention to a Truth Universally acknowledg'd, but laid to Heart, as it ought to be, by very few. It is utterly impossi_ble we should return to any of the Affairs and Enjoyments of this World, or into a second State of Tryal and Probation for a future World, when once Death hath passed upon us. Our Condition then is for ever determin'd, and our Place of A_bode for ever fix'd; so that in the Place where the Tree falleth, there it shall be, Eccles. xi.3.

Hence it is that the Wise Man prefers the Living to the Dead, because the Living know that they shall die. Those that have once miscarried in Dying, can never amend, or correct the Mistake; but those that are still Alive, have the Priviledge of looking to their Approaching Dissolution, and of preparing for it, as what is yet to come.

Before I leave this Head, it may not be improper to Ob_serve, that our Text does not say the Soul is a Vapour that vanish_eth away, but the Life is so. The Soul 'tis true goes forth with the Breath, but it does not lose either its Being, or Acti_vity, by its separation from the Body: and those, who would argue any thing from such Passages as this, to the debasing of Humane Nature, and putting it upon a Level with that of Brutes, do show indeed what they could wish might be, not what in Reason appears to be, the Sense and Import thereof. There is one Place in the Ecclesiastes, that has been strangely perverted by such; which I would take this Opportunity to set in its true Light; and that is in the iii Chap. 19,20,21 verses; For that which befalleth the Sons of Men, befalleth Beasts, even one thing befalleth them: as the one dieth, so dieth the other, yea they have all one breath; so that a Man hath no pre eminence above a Beast, for all is Vanity.

To understand which, the Intent of Solomon throughout the whole Book ought to be kept in view; and that is to consider the several States of Life, and the Notions of Men, that could make any pretensions to a satisfying Felicity. And it is very evident that here he is only Personating a Voluptuous Argu_ing Infidel; or it may be representing his own way of Talking, when carried away by an Atheistical Profane Spirit. I read it therefore as an account of what those Men think, or if they could, would think, who chuse to live like Brutes, rather than as Reasonable, Immortal Creatures. Thus he represents 'em as going on: Some tell us indeed of the Soul of Man surviv_ing the Body, while that of Beasts perishes, but who knoweth the Spirit of a Man that goes upward, and the Spirit of a Beast that goes downward? who ever saw either of these ascending, or descend_ing, or who can pretend to give such a distinct Account of them? Thus deriding the Thoughts of their Immortality, they re_solve all into this; that nothing is better than for a Man to rejoyce in his own works here, as his Portion and Happiness: But that this Oracle of Wisdom only brings in these things to Con_demn them, is evident from that most plain and express sense of the Matter, which he gives us as his own afterwards; xii Chap. 7. ver. Then shall the dust return to the Earth as it was; and the Spirit shall return to God who gave it. So that while Men talk at this rate, they only prove themselves of the number of those whom Solomon there Describes; not of those who be_lieve and Understand things as he did.

But it is fit we should turn away from such as are thus Care_less and Unreflecting, to support and assist those that are apt with too much Melancholy and Uneasiness to Muse on their present Frailty, and Mortality; which is what we have pro_pos'd under the next Head.

II. To Consider those things that may Reconcile us to this account of Life. And it is absolutely necessary in order here_to, that we lay together, and pursue a while, some such Thoughts as these.

The Great Author of Nature, whose Wisdom and Good_ness are Infinite, having made Man an Intelligent Rational Creature, must have design'd and intended him for some End suitable to such a Being, and such Capacities. The utmost of what Men enjoy and arrive at here, falls vastly short of such an End; and the whole World is no more able to Satisfie, than it is to Redeem a Soul: But look we stedfastly into the Heavens, Survey the Glories, and consider the Employments of those that are Immortalized there; and then look back up_on the present Life, as it referrs and leads to that Blissful E_ternity; and we are no more distress'd to think of the Short_ness, the Uncertainty and the Irrecoverableness of it.

This will reconcile us to the Thoughts of appearing here but for a little time; since we see a better and unspeakably more desirable State in the Future, than any Condition can be in the Present World: So numerous and so grievous are the Ca_lamities of this Life, that instead of bewailing the shortness, many have complained of the length of it; and have sought for Death, even as for a hid Treasure: All which Miseries are intirely and for ever removed from the Soul that gets to Heaven; and innumerable Joys and Pleasures are its Porti_on in their stead.

And tho' Life be very short, yet it is long enough for this Great and Main Work, our Preparation for Heaven. We are indeed fallen from our Creator, and therefore we suffer a while under the necessary Consequences of that shameful Apo_stacy; but as God has set on foot a Design of Recovering us out of this State of Sin and Misery; and has sent his Son to publish his Grace and Good-will to Sinners; and by his Death to make Satisfaction for the Sins of all those who sin_cerely believe in him, Repenting and turning unto God thro' him: So as soon as we are brought to a Compliance with these Terms, and made prevalingly desirous of God's Favour, and possess'd with all those Great and Good thoughts of him, which may fit us for an Everlasting Fruition, our Work is done: and nothing more remains, if we should abide never so long here, but that we continue in his Love, holding fast the Profession of our Faith, being stedfast in the Performance of our Duty, and enlarging our Thoughts and Desires still more and more according to the Means and Helps we have for that purpose. And the shorter Life is, when it comes to be thus employ'd, the sooner do we receive the End of our Faith, even the Salvation of our Souls, 1 Pet. i.9.

I am sensible that Life is much too short to accomplish all the designs of the Men of Learning, or of Politicks, or of Business; but if you will believe One who was acknowledg'd to be a Per_son of the greatest Learning, and who had been employ'd in the greatest Concerns, those of Courts and Kingdoms; He speaks both of his Severe Studies, and of his several Embassies, as a Busie Idleness; and at last cried out, Ah vitam per_didi operose nihil agendo. I have lost my Life in a Laborious doing of nothing. Upon which it is very just to Conclude, that our main Work and Business is not to manage Af_fairs, or to search after the Wisdom of this World, but to get acquainted with, and prepare for Another; and that a very short Life duly improved, would be long enough to do.

But further, when we consider the Uncertainty of Life, the Prospect of an Eternal State will in This also Re_lieve and quiet our Thoughts. We know not but we shall Die before to Morrow; but we know that if we are ready, a Surprizing Death will be only a Surprizing Happiness; and there is nothing more likely to make, or keep us ready, than a constant Expectation of our Departure.

Universal Experience shews us, that nothing less would be a restraint upon the Wicked, or a prevailing Excitement to Watchfulness, and Diligence in the Righteous themselves, Let but the Unfaithful Servant once say in his Heart that the Lord delays his Coming; and all his Appetites, both the Angry and the Voluptuous, as Doctor Bates somewhere observes, are immediately let loose; He begins to smite his Fellow Ser_vants, and to Eat and Drink with the Drunken; yea, the Good Man too would be apt to grow very remiss and negligent, were it not for such a Text as that; Watch therefore, for ye know not what hour your Lord doth Come, Matth. xxiv.42.

The keeping us at Uncertainties, and Hiding from us the particular Time of our Death, may be consider'd as Servicea_ble to very great and wise Purposes, even at Present; but much more does it satisfie and calm the Mind to consider this, with respect to Eternity. See Sherlock's Practical Dis_course Concerning Death. p. 227. &c.

It is, I confess, very Trying to see a useful Life snatch'd a_way on a sudden; and with It a great many Generous Designs falling to the Ground. If ever we might wish or hope for a Certain Continuance of any Life, it would be such an One; but even in this Case we may rest satisfied that the Dying Party does not lose the Reward of what he wisely and piously design'd, no more than of what he has already effected; many times Such are taken away from the Evil to come. And for others who are Sufferers by such Strokes, they frequently prove a seasonable Rebuke to our Sins, a means of cutting off those Prospects and Expectations, that might fix our Hearts on the Creature, instead of God, and so very much promote our Piety and Heavenly mindedness. And after all, we are sure, that a future State will Explain the darkest Passages to our full Satisfaction. And that however uncertain and acci_dental these things may seem to us Here, yet Hereafter we shall see that all has been done according to the Wisest Counsels, and by the most Unerring Rules.

I need not add much to quiet us under the Thoughts of the Irre-coverableness of Life; because what is said of this, we find Persons generally more satisfied with. When we consider the Death of our Friends and Relations, we quickly fall in with that of David, ii Sam. xii.23. Now he is dead wherefore should I fast? Can I bring him back again? I shall go to him, but he shall not return to me. And when we consider it as our Own Case, it is enough to think, that we have fair and frequent Warnings before hand; which if we hearken to, we may ob_tain a better Life, in a better World, though we cannot return again to this. So that, if we are Irrecoverably Miserable, we must take it to our selves, since we would not be perswaded of our Danger, nor brought to our Duty: And if we are Unal_terably Blessed, we shall have no reason to lament our being taken from this Earth, tho' never more to return to it.

That it may be thus with us, let us now seriously attend to

III. The Improvement which we ought to make of these Things.

1. From hence we may Learn how to Manage, and to behave our selves with reference to the Affairs and Enjoyments of this Life. Since our Life is but as a Vapour that appeareth for a little time, the Apostle argues that we should not presume upon Futurity, nor act as those that Do so. Go to now, ye that say to day or to morrow we will go into such a City, and continue there a year, and buy and sell and get gain; whereas ye know not what shall be on the Morrow, &c.

It is strange that Men should be more concerned to lay in for future Years, than for a future Eternity; when it is so seldom that they live to see those Years, and so certain that they must enter into Eternity. Is not He very justly Con_demn'd for his Folly, who promised himself a Long time to come, when he had not a Day to live? In strict speaking it can be call'd nothing less than Distraction for Persons to fol_low such an Example, when it proves such an instance of Ru_ine and Disappointment. I would not be understood as ar_guing against a Prudent Concern for the Time yet before us; but against all boasting and presumptuous Confidence of what we will do, or what we shall enjoy hereafter. And if it was possi_ble to Correct so Bold and Projecting a Temper, one would think the foregoing Considerations of the shortness, and un_certainty, and irrecoverableness of Life would do it.

So Those, who are promising themselves a variety of fu_ture Pleasures, and Indulging a vain Romantick Imagination in all its delusive prospects, should methinks lay aside such Gay and Flattering Conceits, and become so Wise as to transfer all their high Expectations of a Real Happiness to Another World.

I wonder the Thoughts of sudden Death, and the Conse_quent Misery of them that forget God, does not spoil the Sin_ful Mirth and Jollity of the Voluptuary; and Arrest the Busie Worldling in his Criminal pursuits of Wealth and Riches: and surely they could not stifle or dismiss such thoughts as they Do, if ever they apply'd 'em to their Own Case: But whilst they allow that Life is a Vapour; that many who are in Health, will in a few Days or Months, be laid in their Graves; yet they never reckon Themselves amongst the Number. Should a Voice from Heaven tell such an one by Name, this Night thy Soul shall be required of Thee; how would it startle his Mind, and turn the whole Current of his Thoughts and Designs?

But will such say, This is the way to lose all our Delight and Pleasure, and make us neglect our necessary Concerns, to be Always under such apprehensions of the Nearness and Approach of Death: To which I would Answer. And fit it is certainly, that both your Sinful Pleasures, and your Sinful Cares should be abandon'd, by the daily considering of your latter end: which being done, this would never rob you of any Licens'd Pleasure, or hinder you in any Lawful Business, only it would make you wise in both. To illustrate this by a plain Similitude; you may be liable every Night to be sur_priz'd by Thieves and Robbers; this may make you Careful in the Evening to lock and Bar your Doors and Windows, but it does not prevent your going to Bed, or break your Re_pose: So may we daily be in Expectation of Death, and provide against it, but it needs not to break in upon, either the usual Business, or Refreshments of the Day.

In short, whether we are mourning for the Want, or re_joycing in the Use, or aiming at the Purchase, and procuring of any Temporal Blessing, we should keep in mind that of the Apostle, 1 Cor. vi. They that weep should be as though they wept not: and they that rejoyce, as though they rejoyced not: and they that buy, as though they possess'd not: and they that use this World as not abusing it; for the Fashion of this World passeth away.

2. Let us from hence be Instructed to set a higher value up_on, and be more Careful about, the Welfare of our Immortal never dying Souls. Let us no longer set our Affections upon that which is vain and fleeting; nor prize, as we have done, the Enjoyments of a Life that is no better than a Vapour; but let us mind more those things which tend to raise and Ennoble our Spirits, and to Exalt us to the Life of Angels, and the Immediate Presence of God. It is said of Pythagoras, that he gave himself up for some time to those Exercises that might add Strength and Agility to his Body, and Enable him to Excel in the Olympick Games, till he heard Pherecydes talking of the Excellency and Immortality of the Soul; and then he made it his Business to advance in Knowledge and Vertue. How will such Instances as This Reproach and Condemn us, if notwith_standing all the Great Things that, we hear and read, our Souls are made For, and Capable of, we still debase their Noble Faculties, only to pursue the Things of Sense, and of this uncertain Life? And shall that Invaluable Being; that precious never dying Spirit be made away with for the sake of Trifles? and all its best Thoughts and Affections fix'd upon that which is not, and from which in a Moment it may be snatch'd away?

Shall it still be said of any that they Act so like Children, or that from Children, they are become Brutes instead of Men? you may show indeed the Man in this, that the Rational Powers do exert themselves with greater vigour; and whilst you seem to Act Rationally, you may with some Reason, Argue and plead for what you do; but are not your Principles and your Ends still the same, or worse than what they were in your Minority? and is it not Sense and this Life that you are still Catering for?

Men take it for Granted, that such and such Appetites are to be Gratified, and that they cannot be Happy except it be so; when the only way to the Happiness they propose, would be to Unravel all their Actions to their very First Motives, and Principles, and to change and alter These. And Oh! that I could but prevail with the Sensualist to take such a Course as this, and I durst answer for it, that his Schemes both of Thinking and Acting would be changed Infinitely for the better.

But who is sufficient to perswade such? they have heard over and over the most affecting things, even till they are Steel'd and Hardned with them, till they can sit and Sleep under 'em, or go away and make a Jest of them. Tell 'em they know not what shall be on the Morrow, their Lives are a Vapour, &c. the Judge is at the Door, and their Damnation is at hand; they have heard all this so Often, and have thought of it so Little, that it is become no more than a Sound, that reaches only the Ear, and is lost, as soon as heard. Beseech 'em by all that's Solemn and Sacred, by all that's Great, and Important, to take Care of their Souls; tell 'em with a Dead Corps, or the Ensigns of it before their Eyes, that in a little while it will be So with them; yet you might as well speak to the Dead themselves, as to such. But thine Almighty Voice, Blessed God! can raise the Dead; do thou therefore speak the Word, and those that are Dead in Tres_passes and Sins, shall immediately Live!

And now since the Gospel Informs us that Christ Jesus alone has the words of Eternal Life; this should Engage us to give up our selves to Him, as the only way to be Saved from Sin and Death; and so to believe in him, and follow him here, that we may be with him where he is, and may behold his Glory, Joh. xvii.24. Let us then Enter our Names, and List our selves under his Banners; submit to his Discipline and Appoint_ments, constantly Serving and faithfully Adhering to him, as not doubting but he will be the Author of Eternal Salvation to All them that obey him.

Let us never forget the Import of that Great Name, A CHRISTIAN; but according to the Apostle's Admonition, Let every one that names the Name of Christ, depart from Ini_quity: and in Imitation of his Brave Spirit and Example, forgetting those things which are behind, let us reach forth unto those things which are before, pressing toward the Mark for the Prize of the High Calling of God in Christ Jesus, Phil. iii.13.

3. Let the foregoing Considerations put us always upon the best Improvement of our present moments. Time is justly esteem'd more Valuable and Precious than Gold or Jewels, or the greatest Treasure, because it is not to be Regain'd when once gone from us. Other things if lost, may be found, or pur_chased again, and may be had with advantage; but our Time, when once past, can never be Liv'd over again, nor can we Purchase one Expired Day, if we would give ten thousand Worlds. Your greatest Offers, and most passionate Intrea_ties when you Come to Die, will not prevail for One of those Hours that now it may be you think a Burden, or are tri_fling away.

I wish those that as Job speaks, take the Timbrel and Harp, and rejoyce at the sound of the Organ; that spend their Days in wealth, or in mirth, and in a moment go down to the Grave, Job xxi.12,13. would for this once be perswaded to a Serious consideration of what has been said. It is a Noble Passage of Sir Francis Walsingham, when some of the Courtiers came to him, to divert him, being as they apprehended in a Melan_choly Fit, He cast a damp upon all their Gayety, by thus Ex_plaining his Thoughtfulness to 'em. "Ah! my Friends, while we Laugh all things are Serious round about us; God is Serious, who Exercises such Patience towards us; Christ is Serious, who shed his Blood for us; the Holy Ghost is Se_rious, who striveth against the onstinacy of our Hearts; the Holy Scriptures bring to our Ears the most Serious and Important things in the whole World; the Holy Sacraments represent the most Serious and awful Matters; the whole Creation is Serious in serving God, and us; All that are in Heaven, and in Hell are Serious; How then can a Man that has one Foot in the Grave, jest and Laugh? I am sure this ought to be Consider'd by those who spend their Whole Time in a vain and Irreligious Merriment: The Healthiest in the World, may for any thing they know, be as Near the Grave, and so may as properly be said to have one foot in it, as this Person was.

Since you know not what may be on the Morrow, don't lose this Evening; Go Home, set your selves in a Thinking Posture; and whilst you are Musing, it may be your Hearts may burn, and be inflam'd with some such Ardent Request, as that of David, Lord! make me to know mine End, and the Measure of my Days what it is, that I may know how frail I am, Ps. xxxix.4.

Let such Thoughts as these abide with us also; and let 'em Engage us to Live Daily, as those that Die daily; so as that with every Setting Sun we may be able to say, Whether to mor_rows Sun rise, or not, we have lived to Day. And so may we close our Eyes every Evening in the Comfortable hope of ope_ning them either with the Mornings Light, or in Eternal Day.

I shall now add something concerning the Mournful Sub_ject that has occasion'd this Discourse, and so Conclude.

THE Publick News-Papers have already told you that Dr. UPTON, an Eminent Physician in this City is Dead; and I beg leave to Publish it, that he was an Eminent Christian too: A truly Good, as well as a Great Man; whose Memory as it is blessed, so it ought to be preserv'd.

I cannot, I confess, be of the Number of those who are so very Judicious as to drop all Characters of the Deceas'd; nor yet would I give Flattering Titles to any; for in so doing, I know my Maker would soon take me away: But I have sometimes found as to my Self, and have frequently observ'd it as to others, that the Recommending any part of Religion by an Example, has been of very great Service; and I would not lose One Wit_ness to Christianity, let the Enemies of it say or think what they will on such Occasions.

No body can be so weak as to suppose, whilst we are speak_ing of what was Excellent, and commendable in Any, that they had not their Frailties and Imperfections; for many such there will be when we have done our best; but surely That will never stand for a Reason why we should either not speak of, or not Endeavour to Imitate their Graces.

For my own part I am not yet sensible of any Mistake, in thinking that the most Private Life and Character may be of Use as well as those of Statesmen, and Princes; nay the for_mer must suit the Circumstances of a greater part of the World than the latter does; there are unspeakably More in a Low than in a High Condition. And if this should put any upon expecting the like to be said of them, or Theirs, when they have done nothing to deserve it, I see no Difficulty in De_clining it; nor should I ever trouble my self with what the Consequence of so doing, might be.

I hope you will pardon this Digression, for as such I desire it may be look'd upon, since it might have been spared at pre_sent.

As to the Extraction of our Departed Friend, (for a Friend I am sure I have abundant Reason to call him) he de_scended from a very Ancient and Worthy Family: and what he chiefly Gloried in, from such as truly Fear'd God, and did Great Things for him in their Day. He went thro' all that is usual in the Schools and Colleges, to fit him for his Design'd Employment in the World; and all that knew him, must al_low, that both his Genius and Acquirements were Extraordi_nary.

I might follow him in the several Scenes of his Life, to his last Settlement in the Place where he died; and from several Pas_sages out of his own Mouth, as well as what I have heard from his nearest Relative; a many very Instructive Things might be Set to View, but I rather chuse to insist upon what I have observ'd my self in that Intimate, tho' alass, too Short Ac_quaintance I have had with him.

And I would particularly Consider his Life and Example, as it may Enforce what I have been Explaining, and Pressing in the foregoing Discourse.

He was not one of those that Promis'd himself, or that acted upon a vain Presumption of Long Life, He had fre_quent Warnings of the Contrary, by Bodily Indispositions; and tho' He was of a very Cheerful and Sprightly Temper when free from Pains and Disorders, yet would He never put far from Him a Dying Day. He knew how to maintain a Sense of his Mortality without Uneasiness, and in the midst of Business.

He was far from setting his Heart on any Gains or Gran_deur in this World; as his great Generosity in the whole Course of his Practice of Physick does abundantly prove. And as the Holy Ghost has seen fit to Record in the Acts of the Apostles, the little Eulogies of those who wept over the dead Body of Dorcas, speaking of the Coats that she had made for 'em, and the Kindness she show'd 'em whilst Alive; so may we very well take notice in the present Case of those who are lamenting the Loss of Dr. UPTON, and speak_ing to one another of the Care that he took to Save their Lives, and Heal their Diseases; and who have this to add to all, that He did it freely too.

How many Persons have I my self heard Crying, and say_ing, He would not take anything of Me, and yet as ready to Help me, as if I had given him never so much. He had as great Opportunity for getting a Large Estate, as many of those who have been most talk'd of on that account; and perhaps none in his Station more Fully Employ'd: But he all along show'd that he took more pleasure in doing Good to Others, than Enriching himself. He has indeed taken Care to make a very handsome Provision for his Family, and a Double Bles_sing I doubt not will accompany what he has left; but I may very safely say it would have amounted to several Thousands more, if he had been of the Temper of some others.

I mention this to let you see upon how much nobler a Prin_ciple He acted than that of the Generality, to get all they can; and how very Remote his Spirit and Behaviour was, from that which our Text is brought to Reprove; and it will fur_ther appear to have been the Reverse, if we Consider the Se_rious Regards that he always had to the Will and Providence of God.

His Piety was very Inward, and free from all Affectation, but yet very Real, and fruitful, and full of Good Works.

He was always possess'd with Awful and Honourable Thoughts of God, and could not hear his Name Blasphem'd without great Uneasiness, and Concern. He was firmly Esta_blish'd in the Belief of Revealed Religion, and that not with_out Considering, and being well acquainted with, the most prevailing Cavils of Infidelity. He knew what Stress to lay in this Matter upon the Inward Testimony of the Spirit; and could look to the Vital Renewing Influences thereof upon his own Soul: It was in his account, a faithful Saying, and worthy of all acceptation, that Jesus Christ came into the World to Save Sinners. These Heads, and many more some time ago I have had occasion to talk with him upon, when Discoursing on those words, Rom. i.16. I am not ashamed of the Gospel of Christ, for it is the Power of God unto Salvation to every one that believeth.

He lov'd the Publick Worship of God, and would always Contrive the Visiting his Patients, if possible, so as to give his Attendance Once at least every Lords-Day. And when he was Absent, He was Employ'd either in Works of Ne_cessity, or Mercy. As to the way in which he chose to Worship God, it was with the Moderate Dissenters; for so I think I may call this Assembly: and such a one I am sure he was: Very Charitable in his Sentiments, Loving and Valuing true Goodness wherever he saw it. He had the highest Esteem for your late Pastor, the Admirable Mr. Sylvester, whom he us'd to call his Spiritual Father; and he continued a Kind and Faithful Friend to him, notwithstanding his Discouragements from others. He did not forsake your Assembly at the Death of that Valued Man, as too many in other Places have done upon such a Remove; But he still appear'd as a very great En_courager, and a Support to us ever since. He has always maintain'd his Resolutions of standing by us; and even at a time of the most violent Assaults upon us, when our Place of Worship was Demolish'd, and we every where Insulted, He was not asham'd of Us, or our Cause. He well knew how to Interpret, and what Use to make of the Scandalous Fal_shoods that have been Publish'd to Exasperate such as were Ignorant of us, and to set them against us. He look'd upon our Interest, in the midst of all the Contempt that was cast upon it, as what did not deserve to have been so Treated.

The greatest Thing indeed he us'd to say for the Dissenters was, that he lov'd their Serious and Affectionate way both of Praying, and Preaching; and that he always found himself the better for it. As Prince Henry once said upon hearing the Puritans of those Times talk'd against: That he knew not what they call'd Puritan Preaching, but he lov'd that Preaching best, that went nearest his Heart. So would the Doctor in some such man_ner as that, often Plead for us. I mention these Things, in hope that they will not be look'd upon as Eclipsing Him, but rather as Reflecting an Honour upon us.

To proceed, he was Careful to keep up Religion in his Family, as well as in Publick; and I wish those who make Business a Pre_tence for the Neglect of Family-Prayer, would think of the constant Hurries of such a Life as His; and withal Remember that he did not on the account of these, Live in the Omission either of his Private or Secret Devotion. He was very Serious in his Preparati_ons for a Sacrament; and tho' he had not so much Leisure as I have heard him sometimes wish for; yet still did he always main_tain a Sense of the Solemnity and Importance of such an Institution.

He was a Hearty Friend to the Ministers of all Denominations, and upon all Occasions ready to Help either them or their Families when sent for, without Fee or Reward,

He was a Person of a truly Publick Spirit, heartily Concern'd for the Welfare of his Country, Studious of those things that might make for Peace; and wisely sensible of the Dangerous Consequen_ces of our Heats and Divisions.

He had a Tender Love for his Relatives, behav'd himself Wisely in his own House, and lov'd to be in it as much as he could. And tho' his frequent Pains, and constant Fatigues, might sometimes shorten and ruffle his Temper, yet there was never any abiding Dis_gusts, or any abatement of his hearty Affection. As the Master of a Family he was Provident, and Rul'd well; as a Husband he was Kind and Engaging; as a Father he was truly Solicitous about the Good of his Children, both in this, and a better World. He has indeed out of many, but Two that Survive him, a Son, and a Daughter; the one he has lately settled with a Merchant of good Repute in this City; and the other he has Married to a Person very suitable, and desirable to the Family; and one who I hope was sent in Mer_cy against such a Time as this.

He was Liberal, and Bountiful to those that were in Want; and his Charitable Contributions both Yearly, and Occasional, were very Considerable; He always desired that, instead of making a Show at his Funeral, by Inviting the Rich, he might have the Poor call'd in, and Reliev'd; which Desire has been fulfill'd.

He had a true Relish of Friendship, a good Taste in Conversation, and was himself, in the general, as Entertaining and as Profitable as a_ny. In his most pleasant Hours I never found him unfit to turn to a Serious Subject; nor did his Seriousness in the least spoil or lessen his good Temper. If there were any whose Manner he could not fall in with, he had the Wisdom not to attempt it. He was open, free and easie? and was as far from Stiffness and Affectation in his common Behaviour, as in his Religion. He had no forbidding Jea_lousies, or Fears of wanting a due Respect from those he Convers'd with; but took a way rather to Invite a Familiarity, than to keep his Friends at a distance from him. This part of so lovely a Cha_racter, makes me forget my self. I must Conclude it, and that I shall do, with what adds a Lustre to all.

He was a Man of great Humility, very sensible of his Frail_ties, and of a Contrite Spirit, with respect to God: How Devout and Affectionate have I seen him at a Sacramental Table! He was not asham'd to speak of his former Difficulties and Troubles; He lov'd to Recount the Kindnesses of Providence towards Him, and His. And yet he never would Boast of his Successes; nor did he Rise at all in the Conceit of his Merit thereupon. He was far from Censuring, or running down any in the way of his Profession, to Advance himself. He would go to the Meanest in their Afflicti_ons, as well as to the Rich and Great. He was strangely averse to the making a Show in the Eyes of the World; and it was his Con_stant Desire to be Carried as Modestly out of it, as he had Lived in it. His Body was accordingly Interr'd as privately as might be in the Parish where he Dwelt; and where others of his Relations had be_fore taken up their Rest. Thus was he gather'd unto his Fathers, in the Fifty fourth Year of his Age.

The Manner of his Death I told you at the beginning of this Discourse was sudden, being apparently Well at his going to Bed, about Eleven a Clock, and struck with Death before Two in the Morning; tho' he did not actually Expire till about Nine. Some, Things have been already hinted, that may quiet our Minds under such a Surprizing Stroke, and I must not now stay to Enlarge.

Let the Impressions that have now been made, Abide with us; and if you can carry away no more, yet be sure to Remember, and often call to mind this Text: He know not what shall be on the Morrow; For what is your Life? it is even a vapour that appeareth for a little time and then vanisheth away.

Such an Example, and such a Decease must surely be very Instru_ctive to us. He Died in the midst of very Gainful and Reputable Business; He died in the midst of many Distinguishing and Com_fortable Enjoyments, and many Fair Prospects; He Died generally Desired, and Belov'd, as we see by his being so Universally La_mented: And he Died so suddenly, that he had but just time, after his first Seizure, to Bless his Family, before he lost his Speech, and his Senses. He that hath Ears to Hear, let him Hear the Voice of such a Providence, which so loudly calls to us in the Language of our Blessed Saviour, Be ye also Ready. And if He, who, while Li_ving has been Instrumental to Save so many of our Lives, may but by his Death promote the Salvation of our Souls; this will turn our present Sorrow and Distress, into after Thankfulness, and Praise.

May this be the Comfortable Consequence of so Sad a Day to his Mourning Relatives! that Almighty God may be instead of a Hus_band to the Widow, and instead of a Father to the Fatherless. And may it be to all of us a Means of Disgracing this Visible, and Rea_lizing an Invisible World; that when it shall be said of one and another of us, as in little Time it will be, They are Dead; it may also be said, as we have abundant Reason to add in the present Case, They are Happy.

Which God of his Infinite Mercy grant, for the sake of our Lord Jesus Christ, who was dead, but is alive, and lives for evermore; to whom be all Glory, Power and Obedience, World without End, Amen.

FINIS. |CRE |Y1721 The Dignity, and Benefit, of the Priesthood; The Lawfulness of Marriage in the Clergy; The Hardships of Them, and their Families, in This Nation; and The Excellency of the Charity by which they are re_lieved, &c. &horbar Set forth in a SERMON Preached before the SONS of the CLERGY, AT THEIR Anniversary Meeting, IN THE CATHEDRAL-CHURCH OF St. PAUL; December 8, 1720. &horbar By Joseph Trapp, M.A. &horbar Published at the Request of the Stewards for That Year. &horbar LONDON: Printed for Jonah Bowyer at the Rose in St. Paul's Church-yard, 1721.

To the Reverend and Worthy William Lupton, D.D. Thomas Westley, M.A. Prebendary of Wells. Thomas Croft, M.A. John Hill, M.A. And to the Worthy Mr. Samuel Sheppard, Mr. James Lisle, Mr. Joshua Symonds, Mr. John Rogers, Mr. Thomas Jones, Mr. Thomas Sympson, Mr. George Sibbald, Mr. Thomas Martin, STEWARDS For the late Feast of the SONS of the CLERGY, THIS SERMON, Preached and Printed At Their Request, Is DEDICATED, By their most Affectionate, Humble Servant, Joseph Trapp.

2 Kings IV.I,2. Now there cried a certain Woman of the Wives of the Sons of the Prophets unto Elisha, saying; Thy Servant my Husband is dead; and thou knowest that thy Servant did fear the Lord: And the Creditor is come to take unto him my two Sons to be Bondmen.

And Elisha said unto her, What shall I do for thee? Tell me, What hast thou in the House? And she said; Thine Handmaid hath not any thing in the House, save a Pot of Oil.

THE Imperfection of our mortal State is in nothing more evi_dent, than in This; that it's very Pleasures are founded upon Pain: As the Pleasure of Eating and Drinking, for example, upon the Pain of Hunger and Thirst. Of the same Truth our present Assembling together is another In_stance. For though it be in it self of a festi_val Nature, attended with sacred Musick in the House of God, and at least, with innocent Musick in the House of Feasting; all which is perfectly proper; since we meet upon so delightful a Design, as That of promoting the Relief of the Needy, and mutual Love among Our selves: Yet so it is, a melancholy Subject lies at the Root of all; and our Re_joicing is grounded upon our Mourning: As That Last again is upon the Mourning of O_thers. The Tears of Widows and Orphans are our Summons to This chearful Meeting: Which yet ought to be a chearful one, be_cause the End of it is to contribute what we can to wipe Those Tears away. The over-ruling Providence of God has been pleased, for Reasons infinitely Wise and Just, to set These Two, the One over-a_gainst the Other; as the Royal Preacher expresses himself concerning Pros_perity and Adversity. Eccles. 7.14.

The very hearing of my Text at This Time, naturally suggests the foregoing Reflection. Since it is entirely applicable to This festival Occasion; and yet gives us an Historical Ac_count of an Incident, to the last degree dis_tressful. An holy Man of God is just dead; leav_ing his Family in such miserable Circumstan_ces; that his Widow is crying out for Help a_gainst a Creditor, who, in defect of Money to defray his Debts, is violenty seizing upon his two Orphans, and dragging them into Bon_dage. These are the only Possessions of any Value which he leaves behind him: For his Widow being asked what she has more to sa_tisfy the Creditor; What hast thou in the House? In the Bitterness of her Soul, returns This humble, and modest, and therefore the more moving, Answer; Thine Handmaid hath not any thing in the House, save a Pot of Oil. A hopeful Provision for a Widow and two Orphans! besides the discharging of the Debts! She has already lost her Husband; and They their Father: And for That very Reason She is now upon the point of losing Them; and They of losing Themselves, i.e. of becoming Slaves, or being a Part of the Goods and Property of another Family. For (as I before hinted) their Father is so far from leaving any Ef_fects, as we speak, to maintain his Children; that (besides the Pot of Oil above mentioned) the only Effects he leaves, even to pay his Debts, are Those Children.

Had Those Obligations been contracted by his own Extravagance, or Neglect; we should greatly blame the Deceased, however we might pity the Survivers. But we are assured, that he was one who feared the Lord; a Cha_racter utterly inconsistent with That in_famous Principle of Wickedness and Folly. Thy Servant my Husband is dead; and thou knowest that thy Servant did fear the Lord. Which prepares our Commiseration for the Distress that follows. Those Incumbrances indeed may be, and often are, occasioned by a Man's own Vices and Mismanagement: But Those too, like other Troubles and Afflicti_ons, may, and often do, fall upon Persons strictly Religious, purely by their Misfortune, not at all by their Fault.

By the Sons of the Prophets, are meant the Disciples, and Attendants, of the Prophets; Themselves being instituted to, and designed for That Office; and even actually exercising it in some measure, viz. as Ministers, or Assistants, to the Prophets, and acting by their Designation, or Appointment. Thus One of them, by the Order of Elisha, anoint_ed Jehu to be King of Israel. 2 Kings 9. Nay, sometimes (though not so ordinarily) they exercised it directly, and immediately, under God himself. As 1 Kings 20.35, & seqq. And a certain Man of the Sons of the Prophets said unto his Neighbour in the Word of the Lord, smite me, I pray thee, &c. And pronoun_ces a Prophesy, or delivers a Message from God to King Ahab, v. 42. And he said unto him, Thus saith the Lord; because thou hast let go out of thine hand a Man whom I appointed to utter Destruction, therefore thy Life shall go for his Life, and thy People for his People. And not only so, but he is expresly called a Prophet, v. 38. and 41. In short, They were an Inferiour Order in the Prophetical Col_lege; and much the same to the Superiour Order, or to the Prophets, commonly, and eminently so called, as Levites to the Priests under the Law, and Deacons to the Priests under the Gospel. And since a Part of the Prophetical Office was to teach, and instruct; which is likewise called Prophesying in the New-Testament; We of the Clergy are in That Respect Prophets, or Sons of Prophets; and so the Text is every way applicable to the present Solemnity.

It was one of This Order therefore, whose Widow makes the pathetical Complaint here mentioned. From which I shall take Occasi_on briefly to discuss several Particulars; some directly, others collaterally, or by Analogy, tho' not directly, deducible from it. Of the for_mer Kind are These. That the State of Mar_riage is not prohibited to Persons of an holy Function: &horfill; A Woman of the Wives of the Sons of the Prophets: That the Afflictions of This Life are incident to the best of Men, and their Families; &horfill; Thy Servant did fear the Lord, and the Creditor is come, &c. Lastly, That Those who are piously inclined, will be ready to assist the Widows and Orphans of such Persons, especially Those of a sacred Chara_cter; And Elisha said unto her, what shall I do for thee? Of the latter Kind are These. That certain consecrated Orders of Men are useful, and even necessary, being appointed by God himself; that great is the Dignity of their Office; and that they ought to be esteemed accordingly: This is implyed in the Mention of particular Orders, instituted by God, Prophets, and Sons of Prophets: That the Temporal Condition of Spiritual Persons in This Nation, to which we belong, is, up_on the Whole, very hard and unequal: This I observe, by way of Accomodation, from the main Drift and Tenour of the Text; This miserably impoverished Man of God, and his Family, looking like a Type of the indi_gent Clergy of England, and Theirs: Lastly, That not only Spiritual Persons themselves, but their more immediate Relations, are particu_larly obliged to the exemplary Practise of Ver_tue and Religion: This I deduce from the Widows urging That Argument, viz. that her Husband feared the Lord; In which it may be imply'd, that She herself was one of the same Character; otherwise she would not be so likely to alledge That Argument. That she thought her self particularly obliged to exemplary Vertue by her Relation to her Husband, is not, I acknowledge, so much as hinted: But I take leave to graft This Part of the Observation upon the Other; since it is true in it self, and applicable to the De_sign of our present Meeting.

I have hitherto mentioned These Propositions, and placed them in This View, only to distinguish between Those which are directly, and Those which are indirectly, deducible from the Words I have chosen; that I may not seem to lay more stress upon a Text, than it will really bear. But I shall, for the Sake of Method, discourse upon them in a different Train; so that every subsequent Proposition may naturally follow That which immediately precedes it.

I observe therefore,

I. That certain sacred Orders of Men are useful, and even necessary, being instituted by God himself; that great is the Bene_fit and Dignity of their Office; and that they ought to be loved, and honoured ac_cordingly. II. That the State of Marriage is not prohibited to such Orders of Men. III. That not only such Persons themselves, but their Families likewise, are par_ticularly obliged to the Practise of exampla_ry Piety and Vertue. IV. That the Afflictions of This Life are accident to the best of Men, whether Tem_poral, or Spiritual, and to their Families, as well as to others. V. That the Temporal Condition of Spi_ritual Persons, and their Dependants, in This Church and Nation, is, upon the Whole, very hard and unequal. VI. That good and pious Christians, whe_ther Laity, or Clergy, will, according to their Ability, contribute to relieve and sup_port them.

Upon These Heads I shall discourse, as they lie before us; and, in as few Words, as the Importance of them will permit.

I. First then I observe, That certain sa_cred Orders of Men are useful, and even ne_cessary; being instituted by God himself; that great is the Benefit and Dignity of their Office; and that they ought to be lo_ved, and honoured accordingly. I say, I observe This: For I pretend not here to prove it at large: Nor would there be any Occasi_on of proving it at all; were every one, who calls himself a Christian, really such. Those among our Adversaries, who believe any thing of the Bible, must, and I think, do acknowledge, that the Jewish Prophets and Priests were by Divine Institution; because That People was under the immediate, and even visible, Inspection of God himself. And the same they are pleased to grant of the Apostles, and Others who had the Gift of working Miracles; under the Gospel Dispen_sation. But as We have no such direct and particular Revelations, nor any such extra_ordinary Powers; they imagine that they have room to object against the Commission of our Ministry, said to be derived through so many Ages by a continued and regular Succession. They may indeed object against This; and we cannot help it. But whoever shall consider, that our Blessed Saviour pro_mised his Apostles to be with them always, even unto the End of the World; Matth. 28.20. which could not be meant of their own Persons only, since they did not continue in the World any longer than other Men: That Those Apostles, confessed on all hands to be divinely inspired, did conceive themselves authorized, not only to ordain Others, but to communicate to them the Power of Ordain_ing, as appears (to pass over many more In_stances) from That of St. Paul to Timothy, Lay hand suddenly on no man: 1 Tim. 5.32. That they actually did both execute, and delegate such a Commission, if they may be al_lowed to understand their own Meaning: And Lastly, That the same has in Fact, by universal Practice, and continued Succession, been delivered downwards, from the Begin_ning of Christianity to This Day; Who_ever, I say, shall consider all This, and yet deny, or so much as question, the Divine Commission of Us, who at This Day call ourselves the Ministers of Christ, must ei_ther be a Hypocrite while he pretends to believe any thing of the Gospel; or one of Those perverse Opiniatres, who dispute about every thing, and therefore are not fit to be disputed with about any thing.

But the Truth of the Matter is, Those who deny the Authority of Christ's Ministers are really not true Christians: It appear_ing from the whole Tenour of the Scriptures, that such an Authority is blended with the very Vitals and Essence of the Religion we profess. The same Sort of Arguments which prove the Truth of Christianity, prove the Truth and Necessity of sacred Orders in general, and even of Episcopacy in particu_lar: They are all Three Points of Fact, not of Reason: And if we can baffle the Evi_dence, given by History, and universal Tra_dition, for the Two Last, we effectually overturn the Foundations of the First.

Not but that from Reason, joined with, and arguing from Revelation, we may clear_ly evince the Necessity of That for which we are contending. The Apostle assures us, that sa_cred Orders were instituted for the perfecting of the Saints, for the edi_fying of the Body of Christ. Eph. 4.12. And is not That Edifying, and Perfecting, as necessary in One Age, as in Another? In This of Ours, as in That of the Apostles? Original Sin has made it ne_cessary, that there should be a Mediator be_tween God and Man: This is Jesus Christ, who has substituted inferiour Mediators un_der him, to transact between God and Man upon Earth, as he himself does in Heaven. We are his Ministers, his Ambassadors, as he is King: His Priests, as he is High_Priest; and his Deputy-Teachers, as he is Prophet. All Kings, High-Priests, Chief Prophets, must necessarily, and in the Na_ture of Things, have their Substitutes to act under them; especially where They them_selves do not personally reside. Original Sin therefore, which is the Source of Actual, has render'd the Office of Priesthood necessary. But the Mischief is, These Men do not be_lieve Original Sin: Tho' upon a Supposal of it the whole Oeconomy of the Redemption by Jesus Christ is entirely founded. They ac_knowledge, (as I observed) that among the Jews, the Divine Authority of Priesthood was clear; because it was appointed by God him_self, personally and miraculously residing in the Midst of them. And yet even among Them, there were not wanting Some, who affirmed, that all the Congregation were holy, every one of them; or, in the la_ter Dialect, That no Man has more Right to execute the Office of a Priest, than Ano_ther. Numb. 16.3. But we know what was the Conse_quence of This: And our modern Rebels would do well to consider, that They may perish in the Gainsaying of Korah, though in a different Manner; that the Sin is still the same, notwithstanding miraculous Punish_ments are ceased; that a Man may go into the Pit, even into the bottomless Pit, though the Earth does not open her Mouth, and cleave asunder under them.

The Objections of the Romanists against the Validity of our Orders in This Church, (however backed and fortify'd by Some a_mong Ourselves, who make a Show of more than ordinary Zeal against Popery) have been abundantly refuted by learned Men; who were willing to answer even the most frivolous Cavils; though at the same time they well knew, that they did them more Honour than they deserved: They being founded upon a Calumny, in point of Fact, so groundless, and childish; that it is hard to say, Whether the Fable of the Nag's-Head, urged by the Papists against the Church of England, or That of the As_ses's-Head, urged by the Heathen against the Primitive Christians, be the more sense_less and ridiculous Story of the Two.

The Benefits conveyed by Means of our Ministry are truly inestimable; if Remissi_on of Sins, Spiritual Grace, and the King_dom of Heaven, may be so accounted. Not that we pretend to confer them directly, or to have them at our own Disposal, to be granted, or denied, at our Will and Plea_sure; or that they cannot possibly be confer_red without us: All This is Scandal upon us; among a thousand other Slanders, by which we are daily misrepresented, that we may be render'd odious to the People. But we are, and we do pretend to be, the ordinary, standing Means, or Instruments, through which, by God's Appointment, Those Benefits are conveyed. And This surely shews our Office to be highly be_neficial.

As for the Dignity of it; To omit innu_merable Texts of Scripture, which might be cited to the same Purpose, No man (says the Apostle) taketh this honour unto himself, but he that is ordained of God, as was Aaron. Heb. 5.4. And in another Place, We beseech you, Brethren, to know them which labour among you, and are over you in the Lord, and admonish you; and to esteem them very highly in love, for their work's sake. 1 Thess. 5.12,13.

To apply This then to the Consciences of Some in These Times: If They are to be honoured, why are they despised? If they are to be loved, why are they hated? It will be said, perhaps, not upon the Account of their Office, but of their personal Beha_viour. This is to be considered, under my fifth general Head. At present I say, that if it were true (as it is most false) it is no answer for Those of whom I am now chief_ly speaking: Because They hate, and despise, or rather really hate, and pretend to despise) Priests as Priests. Else how comes That re_freshing Word Priestcraft to be thrown out frequently, and with so important an Emphasis, as if it were equivalent to an hun_dred Arguments? Are they not perpetual_ly abusing and ridiculing our Office it self, and as such? Has not a certain Word in our Language (like the Word Tyrannus, and Others, in the Latin) by the Iniquity and Prophaneness of the Times, changed its Signification; so as from a Title of Digni_ty, to become a Name of Ignominy and Scorn? Insomuch, that though a Man be not only by his Education, and Abilities, and all fine Accomplishments, both natural, and acquired, but by noble Birth, and even temporal Fortune, far superiour to These Scoffers; yet his being a Parson, for which they ought to honour him more than for any other Character, or than for all the rest put together, so degrades him, and renders him vile in their Eyes; that it takes off from That Respect, which upon other Accounts they would otherwise pay him. Such Magick is there in the Sound of That poor despised Word: The Seal and Stamp of God's Authority, is, it seems, a Thing so contemptible in the Opinion of These Men. But They will deny that we have such Authority: And I say, we have again and again proved that we have; Let them answer our Arguments, I mean, really an_swer them, i.e. with Reason, instead of Scurrility, and we will be silent upon the Subject. In the mean time, they must give us Leave to think, and say too, that at least, the most Learned, and Knowing a_mong them, would, if they were able, of_fer the same Insults to God himself, as they do to his Ministers. For thus maliciously to persecute Those whom they know to be so, and because they are so; what is it, but in the worst of Senses, to defy the armies of the living God, to dart their Outrages in the Face of Heaven, and declare a Kind of War against Omnipotence? So true is That of our Blessed Saviour, which in These dangerous Days can scarce be too frequent_ly inculcated, and apply'd to the Successors of the Apostles, of whom it is as true as it was of the Apostles themselves; He that despiseth you, despiseth me; and he that despiseth me, despiseth him that sent me. Luke 10.16 And the same is to be said of hating, as of despising.

I pass the Practice of all Ages and Nati_ons, Heathen, as well as Patriarchal, Jew_ish, and Christian; by which it appears, that to love, and honour These sacred Offi_ces, and the Persons who bear them, is a Principle of natural, as well as of revealed Religion. To what has been said, I only add This Consideration, (hinted at before) That he who is God, as well as Man, is Priest and Prophet, as well as King. This, I confess, is no Argument with Those of our Adversaries, who deny his Divinity, and perhaps his Being: However, even from Them we may make This Observation, That the Chief of Those who are Enemies to These sacred Orders of Men, are at the same time Enemies to the Saviour who redeemed them, and to the God who made them.

And so I pass on to my Second Observati_on from the Text, viz.

II. That the State of Marriage is not pro_hibited to such Orders of Men. If it be forbidden in Scripture; it lies upon our Ad_versaries to tells us Where it is so: For ac_cording to the Laws of Arguing, We are not to prove that it is not forbidden, but They are to prove that it is. Yet in This Case, we can, with great Ease, do more than They can reasonably demand of us. The Example of my Text is clear, and plain: As are those of Samuel, Ezekiel, and Others in the Old Testament, and of St. Peter in the New: Who are all known to have been Married Men. As plain is the Doctrine of St. Paul, concerning the Wives and Chil_dren of Bishops and Deacons: As also the Practice of the Primitive Church, and of all Churches, except That of Rome, since it became corrupt by so many shameful Inno_vations, both in Doctrine, and Practice. A_mong which, That of imposing Yokes, and laying Snares is none of the least conside_rable. And the Necessity of Celibacy in the Clergy is a signal Instance of Both. 'Tis an arbitrary, tyrannical, unlawful Im_position; and a Snare to the Consciences of Men. Ecclesiasticks are moulded out of the same common Mass with Laicks; and Hu_man Nature is the same in Those as in These. In the Jewish Church, Priests were not only permitted to marry; but the Priesthood it self was hereditary. And whether among Jews, or Christians, it would be very wonderful, if a State sanctify'd by God, in the State of Man's Innocency, should be improper, and even unlawful for Men, who are sanctify'd by him, and for him: Or that what is the Type of the U_nion between Christ and his Church, should be prohibited to Those who are the Mini_sters of the First, for the Edification of the Last. As to the Church of Rome in par_ticular; it is to be admired, that She who pretends to a Supremacy over all other Churches, upon the Foundation of St. Pe_ter, should so strangely overlook his Example in This Instance. And that She who calls Marriage a Sacrament, should think any Sacrament fit to be given by a Priest, which is not fit to be received by him. In the Eucharist, (according to her Doctrine and Practice) Part of it is to be received by the Priest only: So that she denies Half of one Sacrament to the Laity, and another whole one (as she calls it) to the Clergy: Both by her own Authority; and without any manner of Foundation, either in Reason, Scripture, or Antiquity.

How far the Celibacy of Ecclesiasticks in That Church may have affected their Morals, I will not pretend to determine. Many Re_flections, we know, have been cast upon them: But though I charitably hope, and verily be_lieve, they are not all true; yet This is certain, that it would be better, if in all Churches where there have been Sons, and Daughters, there had likewise been Wives, of the Clergy.

Against the Marriage of whom the Ci_vil Society at least, can make no reasonable Objection: Since the Former, by their Children give so many Pledges to the Lat_ter: And by reason of Intermarriages be_tween the Families of Spiritual, and Tem_poral Persons, the State and the Church may mutually apply to each other That of David to Amasa, Art thou not of my bone, and of my flesh? Whereas the Church of Rome, by injoining Celibacy upon her Clergy, seems to set up an Interest, not only separate from the secular Government, but in Opposition to it. And however the Powers of the Church and of the State may be (as they certainly are) in their original Institution, not only distinct from, but inde_pendent of each other; there is no doubt, but that the more their Interests are inter_mingled, the more likely are Both to prosper and flourish.

One great Advantage in the married State of the Clergy, is their fuller Knowledge of the World, and their being experimentally acquainted with the various Turns and Ha_bitudes of human Nature. So that Those of all Relations to whom Many of us mi_nister, may in some measure, and by way of humble remote Analogy, apply to Us that the Apostle observes concerning the High Priest of our Profession; We have not Priests who cannot be touched with the feeling of Infirmities, but are in all Points tempted, like as we are. Heb. 4.15. We cannot go on, and add, yet without Sins: That is not without Falshood to be affirm_ed, nor almost without Blasphemy to be imagined. God knows in many Things we defend all; Clergy, as well as Laity, and the best of Both. We are not only tempted, but often foil'd by Temptation. Nor does our admitting That Word, as apply'd to Marriage, in the least derogate from the Truth of what I observe under This Head. Nay, I acknowledge, (and shall have Occasion to take Notice of it again before I conclude) that the Inconveniences which attend a marry'd Clergy, are many, and great; and that sundry Temptations are adapted to That very State of Life as such. But This is nothing to the Point: All Con_ditions in This World are subject to Temptations, and Inconveniences, to Corrupti_on, and Sin: And however what the Apo_stle intimates concerning Marriage, with relation to all Christians, especially in times of Persecution, may be particularly apply'd to the Clergy in all Times, He that marrys does well, and he that marrys not does better provided he be well assured, that he can avoid the Dangers attending a single Life; I say, however true This may be, the only Questions to our Purpose are These Two; Whether, any Power upon Earth has Au_thority to make That unlawful in point of Morality, which God left indifferent? And, Whether as the Inconveniences are great on one Side; so, all things considered, they are not greater on the other? As to the Latter, the Allowance of This State to the Clergy appears to be least exceptionable in point of Prudence and Expediency. And as to the Former, to make it directly unlawful to any Order of Men, is certainly the Height of Presumption: And we may with some Variation apply to This Case Those Words of our blessed Saviour, concerning Marriage in general; What God hath at least permitted to be join'd together, let not Man absolutely put asunder.

III. My Third Observation was This: That not only spiritual Persons Themselves, but their Families likewise are particularly obliged to the Practice of exemplary Piety and Vertue. That such Persons Themselves are so obliged, is acknowledged on all sides, and too plain to be questioned. And one Duty, among others, which is so incumbent upon them, is That of promo_ting Piety in their Families, and educating their Children in the nurture and admonition of the Lord: Lest they incur the Guilt of the old High Priest Eli, against whom the severest Judgment was denounced, be_cause his Sons made themselves vile, and he restrained them not. Sam. 3.13. And This more than ordinary Obligation upon the Master of the House induces a more than ordinary one like_wise upon Those of his Houshold. The One flows from the Other: Because the better any one is taught, the more he is obliged to learn, and practise.

But besides This, their very near Relati_on to a Person of a sacred Character, is a pe_culiar Tye upon their Consciences; because by Means of That Relation they are more likely than other Laicks, to give Offence, and to prejudice Religion by their ill Behaviour. St. Paul gives especial Directions concerning the Behaviour of the Wives of Deacons: And they are more strongly applicable to Those of Priests, and Bishops; and by Parity of Reason, to the Children of all Three. Who all ought seriously to ponder in their Minds, and apply to Themselves Those Words of the Apostle: If the Root be holy, so are the Branches: Rom. 11.16. And Those of the Prophet, Look unto the rock whence ye are hewn, and to the hole of the Pit whence ye are digged. Isai. 51.1. The Apostle teaches us, that the Chil_dren of all Christians are, as such, holy in one Sense; viz. as they are even in their Infancy capable of being baptiz'd 1 Cor. 7.14.: But the Children of Christ's Ministers are doubly sanctify'd, not only by the common Faith, but by the peculiar Function, of their Fathers.

But as the best Things are capable of be_ing abused, and the Corruption of the best is always the worst; it may accidentally happen, that such Children may be unholy upon the ve_ry Account of their Extraction: Which is no Wonder; since the same Thing may, and sometimes does, happen to their Fathers, upon the very Account of their Function. What should have been for their Health may be unto them an Occasion of falling: The Spiritual Food, and Physick, given them by their Parents, may be perverted to Poison; and their very Religious Education make them wicked. Thus Christi_anity it self, which by its natural Efficacy tends to Peace, does (as its Blessed Author foretold it would) sometimes by Accident cause Division. There are Temptations particular_ly adapted to the Children of the Clergymen. Those of them, for Instance, who are placed in the lower Part of Life, in mechanical, or other mean Occupations, being by their E_ducation more knowing, and more re_ligious than Persons of the same Craft generally are, may be tempted to Pride, and That the worst Sort of it Spiritu_al Pride; and, as a Consequence of This, to That most unchristian Vice Censori_ousness; may be apt to exercise themselves in great Matters which are too high for them; to despise their Equals, and be insolent to their Superiours; to be impatient under Afflicti_ons, and ungrateful to their Benefactors. Against These, and such like, Corruptions they ought to be carefully guarded; ear_nestly to pray God, that the good Seed sown by their Parents may not be lost up_on bad Ground; sincerely to repent of any Misbehaviour they may have been guilty of in any of These Respects; and seriously to consider the Deceitfulness of Sin; which is such, that, without great Care and Caution on our Part, it may turn our very Advan_tages to our Detriment: So that the Chil_dren of Clergymen may for That very Rea_son, joined with others, be twofold more the Children of Hell. They may likewise be scornful, and fastidious, to mean Trades; be_cause in their Father's Family they were better bred: Not considering, that, to ballance This, they were religiously bred too; taught Meek_ness, and Humility, Contentment in low Circumstances, and Patience in distressful ones; that the blessed Apostles of their Sa_viour were Fishers, Tentmakers, and the like; and their Saviour himself the reputed Son of a Carpenter.

Another Fault, though not peculiar to Them only, of which Some among them are said to be guilty, (and which, if they are, I am sure they ought to reform) is especial_ly to be mentioned upon the Occasion of our present Meeting; because it relates to their indigent Circumstances. I mean Those of Them (if such there be) who, if there be One among them who is Himself a Clergyman, are unreasonable in their Ex_pectances from him, and make him un_grateful Returns for what they have alrea_dy received. Because he is a Clergyman, they imagine they have a Right to lay any Loads upon him; whether he be able to bear them or no; and are continually reminding him, that he is bound in Duty to support his Colla_teral Relations. No doubt he is so, if it be in his Power, and if it be consistent with his superiour Obligations to Others: But of That He is to judge, not They; Though they may have Presumption enough to in_struct Him, from whom they ought in Meek_ness and Humility to receive Instructions. According to Their Doctrine, That of the Scripture is revers'd; and a Man, instead of leaving even his Father, and his Mother, and cleaving to his Wife, must leave his Wife and Children, and cleave to his Brothers and Sisters. Gen. 2.24.

I must confess indeed, (if I may take Oc_casion from hence to make a little Digression) that, in my humble Opinion, the above men_tioned Law, if we understand it of any Thing more than local Leaving, which indeed I be_lieve is all that is strictly and literally intend_ed by it, does not take place with regard to a Man's Father and Mother, as compared with his Children; however it may with regard to his Wife: As to the Latter it takes place, in respect of Those Contracts or Agreements which were made before Marriage. That it obliges with Reference to These, must be granted; because no Charity is truly such, which is founded upon Injustice. But as to one's Parents compared with one's Children, my Meaning is This, (and it affects Laity and Clergy in common) If both be e_qually indigent, (and other Circumstances equal, or very near it) the Former have the first Title or Claim to our Assistance. The dearness of Blood is the same in Both: And though it be commonly said, that natural Af_fection rather descends, than ascends; yet I doubt This is no good Principle of Human Nature. Among Brutes, indeed it is in Fact so: But the Case here is quite different, for reasons too plain to be insisted upon: And our Rational Faculties were given us to cor_rect the Errours of the Animal Ones. Whether the natural Yearnings, in Men of the best Temper, be stronger to the Parent, or to the Child, is not easy to determine: But This is undoubted, that the Obligation to the First is prior and superiour: And we are not so much obliged to Those whom we edu_cate, as to Those by whom we were educa_ted ourselves. There is in Nature and Reason something more emphatical in our Duty to the Former, than to the Latter: The one is called Piety, the other barely Duty; And Those Words of the wise Man must sure_ly draw Tears from all good Christians, when their Parents are in Poverty and Di_stress; Hearken unto thy Father that begat thee, and despise not thy Mother when she is old. Prov. 23.22.

But to return from This Digression; If the Children of God's Ministers are particularly obliged to be holy in all manner of Conver_sation; what is to be said of Those among them, who turn Profligates, and Libertines, both in Principles, and Practise, on purpose to disown their Parentage? Why we must say of them, that from being ashamed of one's Glo_ry, it is a short Step to glorying in one's Shame: Which is the last Degree of Wickedness. Some of the most envenomed Arrows that have of late Years been shot against the Church and Religion, have, as it is said, been drawn from the Quivers of Those who are Sons of her Ministers. If it be asked, why may not Both be furiously and openly at_tacked by Some, who, notwithstanding their Extraction, are mere Laicks, as well as un_dermined, and in a great measure even o_penly (though not so furiously) assaulted by Others, who are not only Clergymen's Sons, but Clergymen themselves: I leave the Answer to the Persons concerned; and say no more of the Thing it self at present; but proceed to my Fourth Observation, which was This, viz.

IV. That the Afflictions of This Life are accident to the Best of Men, whether Spiritu_al, or Temporal; and to their Families, as well as to Others. This needs no Proof: Nor should I have laid down This Head, but for the sake of its Connexion with what precedes, and follows it. The Example in my Text is plain: Religion and Experience concur, to verify This Proposition. This World neither is, nor was ever intended to be, a State of Reward and Punishment, but of Trial. Here, as the race is not to the swift, nor the battle to the strong, nor bread to the wise, nor riches to men of under_standing, nor favour to men of skill, so neither is Reward to the Righteous, nor Punish_ment to the Wicked; but Time and Chance happens to them all Eccles. 9.11.. There is indeed in the New Testament something of Promise as to Temporals, though not much: But it is not my Business to discuss This Point at present. I only observe, that Spiritual good Men, and Their Families, are no more exempt from the Calamities of This Life, than Tem_poral. The Tribe of Levi, however sepa_rated from the rest of Mankind in other Respects, is not at all separated from them in This. And yet a certain popular Saying, that the Children of Clergymen (as distin_guished from Those of the Laity) are gene_rally unfortunate, is full as easily denied by Some, as affirmed by Others. Neverthe_less certain it is, that, taking things in gross, the secular Circumstances of Them, and of their Parents, are in This Part of the World bad enough. Which leads me to my Fifth Observation, viz.

V. That the Temporal Condition of Spi_ritual Persons, and of their Families in This Church and Nation, is, upon the Whole, very hard and unequal. The Hardships under which the Clergy labour, are of Two Kinds; Those which are imputable to the accidental Corruption of the Age in which we now live, and relate not only to their For_tunes, but likewise to their Reputation, their Studies, and the whole Course of their Mini_stry: And Those which relate to their For_tunes only, by the Necessity of our Constitution it self, ever since a very Material Change was made in it. The Last mentioned only are im_mediately and directly to be accomodated to the Design of my Text, and of our present Assembly: But the First are by no means forreign to our Purpose; and are too considera_ble to be passed over in Silence, upon This publick and solemn Occasion.

In Those Respects then the Ministers of the Gospel in our Church are ill treated; be_cause the Church, and the Gospel it self, are so: For the Sake of which, we are calumni_ated to such a Degree, that we are obliged to be continually making Defences(or, as they were anciently called, Apologies) for our selves; like Those of the primitive Fa_thers to the Heathen Emperors, and Magi_strates, in Times of Persecution. For there may be Persecution, or something ve_ry like it, from private Persons, as well as from the higher Powers. The Time would fail us; should we go about to give a Detail of Instances exemplifying the Treatment we receive from some Men. I say from some Men: For even in These licentious Times the generality of the People have a great Love and Reverence for the Church and Clergy: And Many of the Gentry and Nobility are not only affectionate, and respectful, (for so I trust, and believe, Most of them are) but liberal, and munificent, to Both. The Lord remember Them, and Theirs, concerning This; and eternally reward their good Will to Si_on. But then too many have exceeding evil Will at Sion: And without Restraint or Controul express it in the most publick and insolent Manner; representing the Ministers of Christ in This Church, as the worst and vilest of Mankind; even worse, (if possible) than they Themselves really are: Making it their whole Employment and Study to blacken and traduce them, by charging them with what is false, and monstrously aggrava_ting what is true; laying the Faults of the Worst among them upon the Best; of Some upon All, and of the Persons upon the Fun_ction itself. Nay, so far does their Malice blind them; that their Slanders are incon_sistent in their Nature; and by abusing Us, they contradict one another, and very often Themselves. Thus for Instance, the main Body of the Clergy are represented as sordidly covetous, and profusely luxurious; sneakingly meanspirited, and insolently proud; crafty as Serpents, more silly than Doves; formidable for their Wealth and Power, contemptible for their Poverty and Weak_ness. In short, Priests, wicked Priests, is the Outcry of the whole Party: Insomuch, that were a Stranger in our Israel to receive no Information concerning us, but what he has from the Conversation, and Wri_tings of such as These; He must send his Thoughts to Sodom and Gomorrah for a Pa_rallel with the Generality of the English Clergy. Let Heaven and Earth, God and Man, even the Consciences of These Accusers Themselves be Witnesses, whether the Character They give be really true; nay, whether the very Reserve of it be not true: And if so, whether there were ever any Age or Nation, in which so many Thou_sands of innocent, pious, and holy Men, whose constant Business and Labour is to save Souls, even the Souls of their most bitter Enemies, for whom they continually offer up their Prayers to the Throne of Grace, who by their Office are Servants of the most High God, Most of them with Meek_ness and Patience struggling under extreme hard Circumstances, All of them as to tem_poral Regards weak and defenceless, were ever with such unchristian Prophaneness, with such unmanly Bareness and Cowardise, with such inhuman Cruelty, with such Di_abolical Malice, outraged and insulted? All of them have their Infirmities, and even their many and grievous Sins: The Best of them are but Men; and Some of them, no doubt, very wicked Men: For the Last, let Them look to it, and be assured that they will most severely answer for it. But what is That to the Purpose? Is our Case an Exception, in which it is good Logick to argue from Particulars to Universals? The Apostles themselves were not only Men, but sinful Ones: All of them were so; and One of them was the worst Man that ever lived. And we may, I am sure, with great Modesty affirm, that not One in Twelve among our Clergy is near so wicked as Judas Iscariot. Yet I never heard, that His being a Traytor was any Slur upon the other eleven Apostles.

I will only observe further, That what our Adversaries object concerning the ill Lives of Some, and the Infirmities of All, who minister in holy Things, is a most pro_phane Reflection upon the Wisdom of God himself; in making mere Men his more im_mediate Servants, and committing so rich a Treasure to Earthen Vessels.

As there are but Three great Concerns in which Mankind can be affected, their Estates, their Bodies, and their Souls; to answer These, there are so many Professi_ons, or Faculties appointed, Lawyers, Phy_sicians, and Divines: Only with This Dif_ference, the two First are from Men, the Last from God. And do the two First meet with the same ill Usage as the Last? They do not; and God forbid they should: But what should be the Reason of This? Why because Men value their Estates, and their Bodies, more than they do their Souls; because the World is wicked, irre_ligious, Atheistical: And the Wit of Man cannot assign any other adequate Reason. For without detracting from the real Ho_nour and Benefit of Those noble and use_ful Faculties, it is certain that the Other is the greatest of the Three; if Heaven be superiour to Earth, and Time less conside_rable than Eternity. And without reflect_ing upon any other Profession, or Body of Men, much less upon the Laity in general; we may justly add, that as the Clergy in an especial manner profess Religion, so they in an especial manner practise it: And I appeal to the Experience of the whole Kingdom, for the Truth of This Assertion. The Con_tempt of the Clergy therefore proceeds from the Contempt of Religion: And That again proceeds not so much from the Vices of the Clergy, as from the Vices of Those who despise and hate them. I say, not so much: For we are very ready to acknowledge, that if Any among Us are notoriously vici_ous, They greatly contribute towards it: For which (as I said before) They must severe_ly answer. And we leave This Subject at present, with That Observation of our Bles_sed Saviour: It must needs be that offences come; but woe to that man by whom the offence cometh. Mat. 18.7.

And as the Ministers of Christ in This Church are neither to be hated, nor despi_sed, upon the Account of their Behaviour; so I hope we may with Modesty presume to say, that they are not very contemptible in other Respects. It is a publick Truth, and ac_knowledged by every body in all Nations of the World, except Some in our own, that the Clergy of England, and her two famous Universities (in which the Sons of the Prophets are bred) have made their Country the Glory of all Lands. If, in These degenerate Times, they in some degree partake of the common Contagion, and are more and more corrupted; our Adversaries may be silent upon That Article: because that they are so, is chiefly, if not solely, to be imputed to Them, and their Principles.

To declaim against the Wickedness of the Age, is, I am sensible, the easiest, the dullest, and the most unpleasant Subject in Nature: And did we preach only to please Men, and to serve, or recommend our selves; it would certainly be the Last we should make choice of. But alas! That is a wretched Principle for a Minister of Jesus Christ, in the Execution of his Office. As we act upon other Views, we are constrain_ed to observe, upon This Article concern_ing the Hardships of the Clergy proceeding from Those of Religion, that Heresy, Infi_delity, and Atheism it self were never pro_pagated as they are Now; and that they are advanced to such a Pitch of bare-faced Impudence, as would be endured by no Nation under the Sun professing Christiani_ty, except our own. The Limits of our Time allotted for This Service permit me not so much as to mention the several Par_ticulars. And I have more-over This unhappy Excuse, that the Notoriety of the Facts renders it superfluous. One Thing it is much if we do not observe, in Conse_quence of These Abominations, that amidst our Controversies with one another (let Those see to it, who made them necessary) God's Controversy with the Nation in gene_ral, which has been a very long one, seems now to be drawing towards a Con_clusion. And, without pretending in the predictive Sense, to be either Prophets, or Sons of Prophets, we may say, that in all Appearance he has something very extra_ordinary ready to be discharged upon us; and that without a speedy, and wonderful Reformation, (of which there seems to be little Hope) it is morally impossible that he should forbear us much longer.

And here again (as in point of Practise, of which we have spoken before) it were to be wished, that the whole Tribe of Levi were entirely free from Infection. But as Some of them (though, God be prais'd, but very Few) have published their Names to the whole World, assuring us of the con_trary; we must be forced to acknowledge what, if it were possible, we should industri_ously conceal. Since it is not possible; the only Way to do our Duty to God, and Ju_stice to Ourselves, is as publickly and openly to protest against Those of our own Pro_fession; who would do well to consider, how much it tends to their Reputation, to have their Praises celebrated by the Tongues and Pens of Infidels and Atheists. As to the Honour of our Function in general; the foolish Arguing from Particulars to Uni_versals, and from Persons to Things, has been already taken notice of. Were we only attacked from Without, not betray_ed from Within; the united Powers of Earth and Hell could not hurt our Cause. Its pro_fessed Enemies would scarce be formidable; were it not for Traditors among our selves. So True is That Observation, Nothing can ruin the Church, but the Church: Meaning by the Latter, Those of her Ministers, who either openly oppose, or secretly undermine, both her temporal and spiritual Interests. Set_ting aside That, we might securely bid Defiance to the Powers of Darkness, to the Enemies of God and his Church; stand firm in one compacted Body, impenetrable to their Assaults; and be terrible against them as an Army with Banners. But, by the just Judgment of God, for our manifold Provocations, it happens to be otherwise; And we have, besides, This, Misfortune, that by reason of the Corruption, Vices, and Follies of the World, one bad Member a_mong Us can do more Mischief, than many sound ones can do Good. The Doctrine of the most holy, and ever blessed Trinity, has been impugn'd by Some, who might have made a better Use of their Talents, than by denying the Deity of Him who gave them. Others have argued against the Authority of the Church, the very Be_ing of their own Order, and all the Fences of Religion, whether Ecclesiasticall, or Civil: Advancing such prodigious Paradoxes upon These Subjects; that we are at a loss to de_termine, whether their Impiety be more detestable, or their Absurdity more ridicu_lous; and so whether they ought to be answered by Argument, or neglected with Contempt: Thus leaving us in a Strait between Wickedness and Nonsense; the on_ly Dilemma of any Moment they are able to put upon us. The most considerable of them have been over and over confu_ted, to a Demonstration: Confuted I say; for I despair of their ever being silenced: For the rest, I hope Nobody will be found so very idle, as to honour them with any confutation at all.

I will only observe This of them in com_mon, from the smallest to the greatest, that as they are not really of us, it would be kind in them to go out from among us; And, by the way, were Church-Discipline in full Force, I am sure they had long since been driven out from among us. If they must fight for our Enemies, let it be under Their Colours, not Ours: They would be more to Us, and (especially upon their boasted Principle of Sincerity) more consistent with Themselves, if they would no longer bear an Office which according to their Doctrine, is unlawful; nor wear the Habit of an Or_der which they do their utmost to de_stroy.

It would be just too, if These, and all other our Adversaries, whether Within, or Without, would not still charge Us with breaking the Peace; when They are the Ag_gressors, and We are upon the Defensive; when They are for introducing something New, and We are yet in Possession of the Old; when They are a Few single Persons obtruding their own private Notions upon the Pub_lick, and We are the main Body defending the Constitution of the Church, and the common Principles of Christianity. For the same Reasons it ill becomes Them, to upbraid Us with intemperate Heat, and Violence, Rudeness, Insolence, and Scurrility in our Disputes with them: Especially since They treat the whole Church with the last Degree of Haughtiness and Scorn. Besides the Arrogance, and contemp_tuous Behaviour, even of the most mo_derate among them, towards Some in parti_cular of the most shining Lights in our Church; One, especially, of her chief Mi_nisters, who, of all Men living, cannot be charged with excessive Passion; and whose great Learning and Piety, will ever be respected by All, but Those who have nothing, or not much, of Either.

We would farther intreat them to ask their own Consciences, whether they are sure they strictly adhere to Truth; while they go on in the old way of taxing Us with being Popishly affected: Whether they do not believe that We are at least as averse from the Corruptions of Rome, as Them_selves: Whether our Principles do not tend to keep out Popery, and Theirs to bring it in: Whether in Fact many more, than is usual in the same Space of Time, have not been perverted to it, since the late Propa_gation of Their Doctrines; and whether there be not a very good Reason to be gi_ven for it: Whether Those of our Church whom They condemn have not always been the greatest and most formidable Champions against Popery: And lastly, whether there be no Medium between a Papal Infallibility, and That Ecclesiastical Authority for which We contend. I am indeed not afraid to say, that, in some things, Papists (corrupt as they are, and Nothing can well be more corrupt) have been falsely accused by Protestants: and that in some, on the other hand, Pro_testants have been justly accused by Papists; particularly in the Instance of too much relaxing Ecclesiastical Discipline, and Want of Respect to Priests and Priesthood. Against which, and others, which might be named, we have nothing to alledge with Reason or Truth, but to wish we could give a better Answer, than That old, trite, and yet very emphati_cal, Saying, continually cited in such Cases;

&horfill; Pudet h�c opprobria nobis Et dici potuisse, et non potuisse refelli.

I am well aware that Reflections of This Kind are apt to be censured not only by All our Enemies, but by Some of our Friends; and Some of These too even a_mong the Clergy themselves: to be cen_sured at least as rash, and improper; and tending, at best, to do more harm, than good. I have already in a great measure obviated This Objection; but would far_ther beg them seriously to consider, that as there is a rash, and a false Zeal, so there is a prudent and a true one; that all Prudence does not consist in Silence, and Inactivity, no nor in Caution it self; that we are to preach the World of God in the Plainness and Simplicity of the Gospel, to open our Mouths boldly, to rebuke sharply, and with all Authority (which, by the way, our Adversaries profanely call Railing:) that there is a Difference between Security and Virulency; that Truth is Then to be most vigorously defended, when it most vigorously attacked; that we are to magnify our Office; and not to be ashamed of the Gospel of Christ; In a word, to put Men in mind of their Duty, whether they will hear, or whether they will forbear; and whatever be the Consequences, either to Them, or to Ourselves. However, upon This chearful, this feast_ing, this charitable Occasion, when we meet to promote mutual Love and good Works, Every thing, it will be said, that is harsh and grating should be wholly forborn. Would to God it were never our Duty to say things harsh and grating: No Man, I am sure, less delights in it than I do. As it is, I have already observed, that the original Occasion of this Meeting is, at best, of a mix'd nature, partly joyous, and partly grievous: Every thing therefore which is unpleasant may not, for That Reason, be improper upon This Subject. And if by the Corrupti_on of the World fresh Matter of That Kind daily arises, we are very sorry for it; but must do our Endeavour to hinder the Corrupt_ion from spreading. What would become of the Charity to the Widows and Children of Clergymen, and even of Clergymen Them_selves, if the Principles I have been warning against should finally prevail? And how na_turally Those Principles come to be consi_dered under This Head, concerning the Hardships of the Clergy arising from Those of Religion, I have already taken notice. Nor does softning, or smoothing them, tend to mutual Love and good Works; but the direct contrary; as it were easy to evince, would the Time permit. For my own Par_ticular, I can with Truth affirm, that if I have taken wrong measures, (and if I have, I beg Pardon of God, and Man) it pro_ceeded not from Rashness, and want of Consi_deration, but from Errour in Judgment, and want of Understanding; having, with all Coolness, seriously weighed and pondered These things; That there is not That Per_son upon Earth for whom I have the least ill Will; That what I have offered upon This Subject issued from a sincere Zeal for the Glory of God, and the Salvation of Souls, even the Souls of our worst Enemies; and, that in order to Those Ends, I take This to be the most Christian, and the most prudent, Method of proceeding.

But the Hardships of the Clergy, more immediately to be accommodated to my Text, and considered upon This Occasion, are Those which relate to their Fortunes only, by the Necessity of our Constitution it self, as it now stands, and has stood, for almost two Centuries of Years. Whatever Figure the Dignities of the Church, and some few inferiour Preferments may make, it is plain, that upon the Whole, no established Clergy in Christendom are so ill provided for in Temporals as Those of England: So un_conscionably excessive was the Pillage just before the Reformation. I say before it; for it was neither at, nor since, the Re_formation. And therefore the Papists have little Reason to upbraid Us, as they conti_nually do, with Those infamous Plunder_ings of the Church: Because He who made That deplorable Ravage was, in the main, not only of Their Religion, but a fiery, and in the worst of Senses, a burning Zealot for it. And though, for Reasons purely per_sonal, he flung off the Popes's Supremacy, and discarded a few other Corruptions; yet he intended nothing less, than That blessed Alteration of Religion, which immediately followed upon it: not by any De_sign of His, but by the wise Providence of God, drawing Good out of Evil, and turn_ing not only the Fierceness, but the Lust, and Ambition, of Men to his own Praise. Nor is it any thing strange, that he who did not abhor Idols, should at the same time commit Sacrilege. If Abbies and Mo_nasteries were to be demolished, and their Lands to be converted to other Uses; yet surely the Tithes, which even They had unjustly impropriated, should have been re_served to the Church, in consideration that the Parish-Clergy, whose Tithes were so impropriated, were before maintain'd by Those Societies. But to strip Parochial Livings and starve the Cure of Souls, was such an Instance of Depredation, as no History can parallel, and no Corruptions, or over-grown Wealth, and Power, of the Church, could justify. I speak only of the original Alienation of Those Revenues: As to the Detention of them Now, since they have been so long intermingled with tem_poral Estates; I pretend to determine No_thing about it, but leave That Matter to the Consciences of the Persons con_cerned.

This therefore is the real Cause why not only so many Widows and Orphans of Clergymen, but so many Clergymen Themselves are become Objects of Charity. They never had a tolerable Provision; and could not live of the Gospel; though (if we will believe St. Paul) it is most just and equitable that they should. Nor can they, to make up This Defect, apply themselves to secular Trades and Professions; because it is contrary to the Nature of their holy Fun_ction, and to the Canons of the Church concerning it. This, I say, is the true Cause of the Poverty we are considering: Not that the Children of Clergymen are di_stinguished by being unfortunate upon other Accounts; as it is falsely and uncharitably suggested. And that the Income of their Fathers departs with their Lives, is com_mon to Them with Multitudes of the Laity, even with the generality of them; and therefore idly urged (as it is by Many) a_gainst the Expediency of marrying with Clergymen. Were That all the Inconve_nience; They would fare much better, than they do at present. But the Mischief of all is That which I mentioned; not so much that their Revenues are lost, when they die; as that they are so little, while they live. Upon This Account, I confess, there is much Inconvenience in the Marriage of the Cler_gy: But so there is in every thing. And the Question is, (as I said) whether there be not more, and greater Inconveniences on the other side? And in This Case too, as well as in That just mentioned, the same may be said of the greatest part of the Laity; and so is not peculiar to the Clergy.

Thus miserably scanty is the Temporal Provision for Spiritual Persons in our Church: Insomuch, that were their Revenues to be equally divided, Each of them, one with another, would have no more, than is com_monly the annual Acquest of a very ordina_ry mechanical Tradesman; Half of them have actually no more; and Hundreds of them not a quarter so much. So that This our Corporation for the Relief of their poor Widows and Children is at once the Glory of That great Prince King Charles II. of blessed Memory, who first erected it, of His present Majesty, who enlarged it, and of Those many pious Christians who have, and still do, contribute to support it: And a Reproach to our Country in general, the Families of whose Clergy are by the above_mentioned Corruptions reduced to such a Condition, as to stand in need of it. How many worthy Men, both in Town, and Country, especially the Latter, of great Parts, and Learning, are bury'd in Obscuri_ty, and broken by Penury and Want, so that they have not an Opportunity of shewing That Merit, which would other_wise shine in the World! But Haud facile emergunt, quorum virtutibus obstat Res angusta domi. &horfill;

And though, as I observed under the for_mer Part of This Head, the Wickedness of some Laicks be the chief, nay the only full and adequate, Cause of the Contempt thrown upon Ecclesiasticks; yet certain it is, that the Poverty of the Last greatly contributes to_wards it: Which however it would not, could not do; were it not in Conjunction with the Vices and Irreligion of the First. So that the Clergy may apply to Themselves another melancholy Observation of the Heathen Author, just now cited:

Nil habet infelix paupertas durius in se, Quam quod ridiculos homines facit. &horfill;

The Ignorance of some of the Clergy need_ed not have been assigned by a certain very ingenious, though not very serious, Au_thor, as a Cause of their Contempt, separate from their Poverty; the Latter being the chief Cause of the Former. For how can it be expected, that there should be very learn_ed Incumbents upon Livings of Twenty, or Ten Pounds per Annum?

Many have a Saying among others equally wise, and religious, with refe_rence to Us; That so much is enough for a Clergyman; always, you may be sure, na_ming little enough. But supposing it were twenty times as much; Why for a Clergy_man, any more than for any body else? Are They of a different Make, or Mould, from Others? Or if They are; Their Wives and Children are not. Why should not such a one be not only well provided for, but very rich, as well as a Tradesman, or a Lay-Gentleman? He would probably, at least, make as good a Use of his Wealth, as either of Them: And is there any Ab_surdity in the Thing it self? Why No: But the Saying is ill-natured, cruel, prophane, and very wicked, as well as senseless, and foolish; And in That all the Luxury of it consists.

Another Maxim they have among them, nearly akin to the Former, viz. That a Clergyman will be sure to lose nothing that's to be got. Do they then really think, that We are peculiarly distinguished by This Cha_racter? Are We certainly more rapacious in getting, and more tenacious in keeping, than any other Set of Men; than Traders of all Kinds, and Persons possessed of Temporal Estates? Do they in their Consciences believe This? Do they not know the Contrary? The Poverty of the Church has been already considered: And were This true, That might, in some measure at least, plead our Excuse. Besides, We are obli_ged, not only in Interest, but in Conscience, to preserve the little Revenues of the Church from being still less; that our Suc_cessors may not be injured by our Neg_ligence. But after all, The Fact again is notoriously false: Insomuch, that I fear Most of Us are wanting to our Duty in the other Extreme. It is well known, that being, by the Genius of our Professi_on, addicted to abstract Thinking, Retire_ment, and Contemplation, we are both less careful, and less skilful, in secular Affairs, than other Men. Reason tells us, that in Nature it should be so; and Experience tells us, that in Fact it is so. But These are a couple of popular Sayings, proceeding from the Follies and Vices of Those who use them; and doing much Mischief to Chri_stianity; utter'd either with no Meaning, or with a very ill one; very often too ut_ter'd in the Company of Clergymen; and so as inconsistent with good Manners, as they are with Religion.

Since I am upon the Subject of These choice Maxims concerning the Clergy, I will mention one more; which is, That they come by what they have very easily. An As_sertion again so notoriously false, that it would be Folly to go about to disprove it. Surely These, and such like, foolish Aphorisms would be laid aside; did Those who use them speak their real Thoughts, after having considered; What an Ex_pence is required for the Education of Persons dedicated to the Work of the Mi_nistry, generally their whole Fortunes, and very often much more; so that for the most part they expend as much as would doubly purchase what they have, and yet labour for all their Lives long, with extreme Fatigue both of Body and Mind: That the Death of Many is occa_sioned by Those Labours, and for That very Reason their Children are much the sooner Fatherless, and their Wives Wi_dows: That tho' they have an Advantage over Others, of an equal Fortune, by their ingenuous Education, and Acquaintance and Interest in the World, by which they are some_what more likely to procure a Provision for their Children; yet That is at least ballanced by their coming late into their Prefer_ments, or dying soon after it, even when they come into them earlier: That their Hospitality, and Charity, by Both which, in proportion to their Circumstances, they are generally distinguish'd from Others, greatly tend to impoverish them, and to make Them, and their Families, Objects of Charity Themselves; the Minister of the Parish, especially in Country Villages, being of course resorted to, upon all Occasions of That Nature: That their Dues lying in_termingled with the Possessions of Others, Those Others are hardly persuaded to think they are not their Own; from whence it comes to pass, that they are with great Charge and Difficulty collected, and a great part of them as easily, as they are frequent_ly, fraudulently, and sacrilegiously, kept back, and withheld from them: That their Kindness very often meets with most un_grateful Returns from ignorant, and wicked People, who owe their Subsistence, and perhaps Their Lives to them; (for, with_out venturing too far, or being Empiricks in the noble Art of Medicine, Clergymen may by their Learning be in some degree qualify'd to be Physicians of Bodies, as well of Souls, and generally do give Physick to the Sick, as well as Food to the Hungry: That it is not uncommon for a Person of considerable Birth, and of extraordinary Merit in all respects, to be trampled up_on, and abused, together with his Wife and Children, by illiterate, unmannered, purse-proud Peasants, purely because he is poor, and a Clergyman: In a word, That very many Parochial Cures in This Na_tion are so miserably unendowed, that, with regard to Them, it would be scarce Sense for a Man to make even That wretched Request which it was prophesy_ed should be made by the Posterity of Eli, as a Punishment for the Sins of their An_cestors; Put me, I pray thee, into one of Those Priests Offices; that I may eat a piece of bread. 1 Sam. 2.36.

This is the hard Measure of the Clergy in their Fortunes: And, as if This were not bad enough, they must likewise be slandered, and vilify'd in their Reputation. A fair Requital for the Expence necessarily previous to the Work of the Ministry, and for all their Care, and Kindness, their La_bours and Watchings, in the actual Exercise of it. According to the Account given by some Men; the Clergy of England are as rich, crafty, powerful, and tyrannical as Those of the Popish Countrys. Whereas in Truth our Church pretends to no Pow_er in Temporals; and has for some time had little more than the Name of it even in Spirituals: Her Clergy, generally speak_ing, being artless, and undesigning, to a Fault, and not enough skilled in secular Affairs. Much indeed has been done for their Relief by pious Benefactors, (may the God of Heaven return their Kindness an hundred fold into the bosoms of Them and Theirs:) Especially by our late most ex_cellent, and truly religious, Queen; whose Piety shall be had in everlasting re_membrance; and our Childrens Children shall call her blessed. But so great is the Evil; that there is still too much Room for farther Remedy. Which brings us to the Sixth and Last Observation from my Text; viz. That the Temporal Circumstances of Spiritual Persons in This Na_tion being (as we have seen) very hard and unequal;

VI. Good and pious Christians, whether Laity or Clergy, will, according to their Abilities, contribute to relieve and support them. We cannot, as Elisha did, relieve Widows and Orphans by Miracle; but we may by Charity: Charity, which is greater than the Fides miraculorum it self, more excellent than the Faith, that removes Moun_tains. Elisha indeed was more than ordi_narily obliged to be concerned for the Persons and Families of Prophets; because He himself was not only One, but the Chief of them. Yet All truly pious Persons in the Jewish Church ever had, and all such in the Christian Church have, and ever will have, a very great Regard to Both. Be helpful and assisting therefore, liberal and bounti_ful, to the indigent Prophets, while they live; and to their Relicts, and Orphans, after they are dead: And that not only while they are Partakers of This our Cor_poration-Charity; but before they come, and that they may never come to stand in need of it. Whenever, and which way soever it be; great is the peculiar and distinguishing Excellence of This Charity. If he that hath pity upon the poor, in gene_ral, lendeth unto the Lord; how much more does He, that supplys the Wants of his Ministers who wait at his Altar, and of Those who are most nearly related to them? How much more emphatically will the great Highpriest of our profession declare, that (as he condescends to insi_nuate) he is even personally obliged to Those who have Thus abounded in good Works; Verily I say unto You, Inasmuch as ye did it unto the least of one of These my Brethren, my Brethren in the Priesthood, ye did it unto me. Let the inesti_mable Benefits they confer excite you to be beneficent to Them; and give the Bread which perisheth to the Persons, and Families, of Those by whose hands the Bread of Life hath been so often admi_nistered. It is undoubtedly Their indispen_sable Duty, to endeavour, by all lawful, and honest Means, that their Wives and Children may never be Pensioners to This Society. But if, by the afflicting Providence of God, they become Candi_dates for it, and are unhappily qualify'd to be duly elected; They are Widows, and Orphans, indeed; and of all such the most proper Objects of Charity. The Father of the Family is dead, probably by the very pains he took in labouring to save Souls: His Relict, and Children, besides the Loss of so dear a Relation, have the additional Calamity of extreme Poverty, occasioned by That very Loss, which is, even in it self, so grievous, and afflictive; are driven from their long-ac_customed Home, which, however mean, is naturally loved, and with regret forsaken; and peradventure are uncertain where to lay their Heads, within a few days after He is buried. So that to Such all good Christians should have a more parti_cular View, when they put up That Petition in our excellent Litany; "That it may please thee to defend, and pro_vide for, the fatherless Children, and Widows, and all that are desolate and oppressed:" And that yet more espe_cially in These corrupt Times into which We are fallen; when, by the Growth of Profaneness and Irreligion, and Principles destructive of sacred Orders, the Clergy labour under so many other Pressures a_bove-mentioned; and the Church her self is almost become as a Widow.

But I am insensibly sliding back to the foregoing general Head; and must return to the Subject of This. We make no invidious Comparisons between the Contri_butions which have been made by Eccle_siasticks, and Laicks, to This Fund of Cha_rity: Of what Profession soever they be, may they all find their Reward in Heaven. It is, however, no very cogent Argument (though by Some strongly urged) that We should contribute most; because our Wives, and Children, may come to par_take of it: There is, I confess, something in This; though it is, at best, but an un_comfortable Consideration. But We contribute towards it; trusting in God, that, for That very Reason, our Wives, and Children, will be the less likely to partake of it. Be that as it will; certain it is, that, in proportion to our Abilities, the highest Obligation lies upon Us, who are both Sons of Clergymen, and Clergymen ourselves: The Next upon Such as are of That Order, though not in That Rela_tion: The Third upon Such as are in That Relation, though not of That Or_der: And the Last upon Those to whom Neither of the aforesaid Characters be_longs. And yet it may so happen, that the Last mentioned, may, in consideration of their more plentiful Fortunes, be obliged most of all: And so in proportion of the two intermediate Divisions. And to ex_cite Those to This Charity, who are Laicks, and have no Relation to any Ecclesiastick; it may not be improper for Them to consider, that, since the Reformation, the greatest Mischiefs have ever been brought upon the State, and Peo_ple, by Those who have been the greatest Enemies to the Church, and Clergy; And so on the Reverse: That the Children of Clergymen are incorporated into all Trades, and Professions; and as ma_ny Sons of the Clergy are Laymen, so many Sons of the Laity are Clergymen: That, however, in This we All agree, that we are All Christians, and Sons of the Church, though not of the Clergy. Let them, I say, consider These things; ever remem_bring That of our Blessed Saviour; He that receiveth a Prophet in the name of a Prophet, shall receive a Prophet's reward: And whosoever shall give to drink unto one of these little ones a cup of cold water only, (and much more, if he gives something considerable) in the name of a disciple, shall in no wise lose his reward. Matth. 10.41.42

Nor ought the present distressed State of Affairs to deter us from This good Work; but rather to have the contrary Effect: That so we may avert God's fur_ther Judgments, which Now hang black and threatning over us. And indeed the best Prospect we have is opened to us by publick Charities: By which This Age, however corrupt in other Respects, is, to its immortal Honour, eminently distin_guished. But whatever be our Lot in This World; let us do our Duty, trust in God, and be chearful, and of good Courage, particularly do our Duty in the Instance I have been now recommending: By which means we shall have the easier Admit_tance into everlasting Habitations; even those Habitations, where the Distinction between Clergy and Laity will be abolish_ed; Where there will be no more Widows nor Orphans; No more Sorrow, nor Crying, nor Pain; No more Marrying, or being gi_ven in Marriage; No more Controversy in Religion, nor Corruption of any Sort; Where not only Prophesy of all Kinds, as well as Faith, and Hope, but even This Kind of Charity itself shall forever cease; and the Church of Christ be completely Triumphant.

ERRATA.

&horbar

FINIS.

|CRE |Y1730 A SERMON Preached in the PARISH-CHURCH OF St. Butolph's Aldgate, IN THE CITY of LONDON, ON Sunday the thirtieth Day of November, In the Year of our LORD 1729. Occasioned by the Erecting of a PLAY-HOUSE In the Neighbourhood. &horbar Published at the Request of several of the Auditors. &horbar By ARTHUR BEDFORD; M.A. Chaplain to the Worshipful the Haberdasher's Hos_pital at Hoxton, and Preacher of the Afternoon Sermons on Sundays at St. Butolph's Aldgate, aforesaid. &horbar LONDON: Printed by Charles Ackers in Great-Swan-Alley, St. John's-Street; and Sold by J. Hooke at the Flower-de-Luce, overagainst St. Dunstan's Church, in Fleetstreet; W. Meadows at the Angel in Cornhill; and T. Cox under the Royal-Exchange. (Price Six-Pence.)

TO THE Worshipful His Majesty's Justices of the Peace in and near the Parish of White_chappel, in the Suburbs of the City of London, and in the County of Middlesex.

May it please Your Worships,

YOUR pious and lau_dable Zeal exerted against the Play_House, lately erect_ed in your Neighbourhood, en_courages me to dedicate to You what I have done for the same End, though in another Manner. And as I doubt not, but Your Endeavours are acceptable both to GOD and all good Men, and even to all those, who can_not be supported in your Neigh_bourhood, but by Trade and In_dustry, and who dread the Con_sequences of Idleness and Ex_travagancy, especially in these Parts; so if this small Trea_tise is acceptable to Yourselves, it will be a very great Satisfac_tion to

Your Worships most Affectionate, And most Humble Servant, Arthur Bedford.

2 Tim. ii.16. But shun profane and vain bab_lings; for they will increase unto more ungodliness.

THE Erecting of a Play-House in the Neighbourhood obliges me to warn this Congregation of the great Evil and Danger in Frequent_ing them: So that though there are many Vices in Conversation, which this Text adviseth us to avoid, I shall at present only apply the same to the publick Actings of the Stage in Comedies and Tragedies, and other Diversions of the same Na_ture, and endeavour to shew, That we ought to shun those profane and vain bablings, since a long Experience doth fully convince us, that they do increase unto more ungodliness.

In order to this it may be thought requisite, that I should prove these Diversions to be profane and vain bablings. But since this is as evident, as that the Sun shines at Noon-Day, since none in this Age deny it, except Persons of lewd Morals, and a reprobate Sense, I think, the Matter too no_torious to be at this Time insisted on, and only desire such, who doubt the Truth hereof, that they would seriously peruse the View of the Immo_rality and Profaneness of the English Stage, with the Sense of Antiquity on this Argument. By Jeremiah Collier. And also a smaller Treatise, entituled, A Representation of the Impiety and Immorality of the English Stage, with Reasons for Putting a Stop thereto, and some Questions address'd to those, who frequent the Play_Houses, or some others of those many Treatises which have been since published on the same Sub_jects; in the Perusal of which they may be fully satisfied, That the Misbehaviour of the Stage, in Respect to Morality and Religion, is intolerable, and it doth far exceed the Examples of the for_mer, and even of the Heathen Ages and Poets, and the Liberties, which they take, are often offensive to the Profession of Christianity, which plainly appears from their lewd and filthy Communication, their Swear_ing, Cursing, Blasphemy, Profaneness, and lewd Ap_plication of Scripture; their Abuse of the Clergy, to make the Religion, which they profess, vile and contemptible; and also their Giving great Cha_racters to Libertines, or Persons who scruple no Vice or Immorality, and Bringing them off with Honour and Success: How a fine Collier's View of the Stage, Page 143. Gentle_man is a whoring, swearing, cursing, smutty, atheistical Man. These Qualifications serve to compleat the Idea of Honour, and are the top Improvements of Fortune, and the distinguishing Glories of Birth and Breeding; and when all this is added to bold and daring Attempts after rich Fortunes, they are rewarded according to their Wishes, and instruct the Audience how to carry on the same Intreagues to the Ruin of other Fami_lies. In short, their Actions are chiefly designed to gratify such Persons, as are of vicious and de_bauched Principles, who fear not GOD, and re_gard not man; since it is generally from such, that they have their Wealth. Hence it is, that their Poets seldom scruple to speak Blasphemy, rather than lose a Fancy, and to affront their GOD, whilst they adore their Mistress. Hence it is, that they look upon the Regulating the Play-Houses, and Keeping them within the Bounds of Modesty and Religion, to be the greatest Persecution, and which would in the End prove the Suppressing of them. For as they have given a just Scandal to good Men; so if they had not such Acts and Expressions, which will please the bad, they must fall at once, and Necessity will compel them to take other Employments. I shall not therefore spend any Time in Proving these Things to be profane and vain bablings, but endeavour to shew you the Reasons which should induce us to avoid them, and especially that which is mentioned in the Text; because, if they are encouraged, they will increase un_to more ungodliness.

To this End let us first consider the Precepts and Examples of the Primitive Christians. It is Collier's View of the Stage, from Page 250 to Page 276. very remarkable, that the ancient Fathers have spoken most fully, against the Plays, which were used both in Rome and Greece; and, if we did quote all, which hath been said by them upon this Subject, we must transcribe a great Part of their Works, since they have written particular Books, as well as Homilies or Sermons, upon this Occasion. Lactan_tius Lactantius, lib. 6. cap. 20. wondered at the Practice of the Heathen Philosophers, who were present at the Actings of such publick Interludes, and saith, That because they are the publick Allurements of Vices, and do so effectually prevail to the Corrupting of Men's Minds, they ought to be suppressed; especially because they are not only unprofitable in Bringing us to Heaven, but are also very pernicious in Sending us to Hell. And in Lactantius, lib. 6. cap. 21. another Place he asks this Question, Who would not look upon that Man to be very wanton and wicked, who did suffer such Acts in his own House? And then he adds, That there is no Difference, whether we are guilty of Lasciviousness alone at Home, or encourage it by Frequenting the same pub_lickly in the Theater. St. Cyprian Cyprianus in Epi_stol� ad Donatum. saith, That Adultery is learned, whilst these things are seen; and the chast Matron, who goes to behold such Sights, returns Home with a corrupt and debauched Mind. Here (saith he) Wickedness is beheld most willingly and with Delight. What then cannot such Actions persuade others to do? And therefore he adviseth us to consider, Whether a Person can be ei_ther innocent or modest, who is present at such Things?

And as the Dr. Cave's Primitive Christianity, Book 2. Chap. 2. Page 32. Primitive Christians did con_stantly urge the Necessity of Abstaining from these Plays; so such, as owned themselves Christians, did as conscientously follow their Advice. They went not to the publick Games, nor frequented the Shows, which were made for the Diversion and Entertain_ment of the People; and this was so publickly known that the Heathens charged it upon them as a Crime. C�cilius in Minutius F�lix Pag. 34, Oxford Edition. com_plains thus, That the Romans governed and en_joyed the World, whilst the Christians in the mean time were careful and mopish. They abstained from such Pleasures, they visited not the Shows, nor were present at the Pomps. They frequented not the pub_lick Feasts, but abhorred all such Diversions. This Octavius, the Christian, granted to be true, when he pleaded their Defence, and said in Answer to this Charge, That Page 106. since they were endued with Mode_sty and Sobriety, they had just Cause to abstain from those evil Pleasures, their Pomps and Shows, and to condemn them as hurtful Allurements. And he gives this Reason, because in those Acts and scenical Representations their filthy Communication is as great as their Madness, whilst the Actors speaking of Adulteries incite them, and the Stage-Players by De_scribing of Lust do inflame their Hearers. In short, Dr. Cave's Primitive Christianity, Part 2. Chap. 2. Page 32. they thought, they could not be present at these Plays without great Sin and Shame, without Af_fronting their Modesty, and Offering a Distaste and Horrour to their Minds. They look'd upon the publick Sports and Pastimes of those Days, as the Scenes not only of Folly and Lewdness, but of great Impiety and Idolatry, as Places where the Devil eminently ruled, and reckoned those to be his Votaries, who went thither.

And as they thought it a great Crime to be present at such Sports; so they looked upon it as contrary to their Baptismal Vow. At the Time when Persons were baptized, they were Constitutiones Apostolic�, lib. 7. cap. 42. pag. 993. among others asked these two Questions, Dost thou re_nounce the Devil, and all his Works, Powers, and Services? And dost thou renounce the World, and all its Pomps and Pleasures? And to each of these Questions the Party answered, saying, I do re_nounce them. And each of these Questions they supposed to be directly levelled against the Theaters. St. Cyril Cyrillus Hierosolym. Catech. Myst. Vol. 1. Page 510. expounding the Word Pomps (the Word which we still use in our Baptism, in a Question of the same Nature) expresly tells us, that thereby is meant The Sights and Sports of the publick Stage. Those Dr. Bray on the Church-Catechism, Sect. 19. pompous Spectacles, Plays, and scenical Representations exhibited in the Roman and Grecian Theaters, which, because they were so lewd, cruel, and impious, it was an early Cus_tom for the primitive Bishops and Fathers of the Church, in their Discourses to the baptized Persons, strictly to enjoin them not to frequent, or so much as once to be present or seen at such Places. They reckoned It may be observed from St. Cyril, that the Word Pompa is used to signify the Acts of the Stage, tho' that is not its only Meaning. It may also be observed, that the Word was used in this Sense both by Heathens and Christians. The Heathen in Minutius F�lix charged the Christians with this pretended Crime, Non Pompis in_terestis; and the Christians confessed the Charge, saying merit� malis voluptatibus, & Pompis vestris, & Spectaculis abstinemus. And therefore as the Word Pomps is expresly used in our Renuncia_tion at Baptism, and in our Church-Catechism; as also we ratify and confirm the same in our own Persons at Confirmation, and as the Word is of a Greek Original; so, I think, that there is Reason to take it according to the Sense of a Greek Father, and not confine it only to the Sense, in which the Latins often used it. all those Pomps as Allurements to Vice, and those Houses as so many Synagogues of Satan, and consequently, that by Renouncing the World and the Devil they also renounced them. Ac_cordingly Tertullian tells us Lib. de Spectaculis. Page 701. Edit. Basil 1562. of a Christian Wo_man, who, going to the Theater, was there possessed by the Devil; and when the evil Spirit at his Casting out was asked, How he durst set upon a Christian? he presently answered, I did but what was fit and just, for I found her upon my own Ground. Neither is this the only Instance, which he there mentions, but he saith, that there are other Examples of those, who, while they held Communion with the Devil by Frequenting those Shews, did at the same Time fall away from the Faith. And then he adds, For no Man can serve two Masters. What Communion hath Light with Darkness? And what Fellowship hath Life with Death? We ought (saith he) to hate those Meetings and Assemblies of the Heathen, because there the Name of GOD is blasphemed. And after this he expostulates thus with those in his Time, Do you doubt but that in the Minute, in which you shall be present at the Synagogue of Satan, all the Angels do look down from Heaven, and behold every one who speaks the Blas_phemy, and who hears it, who lends a Tongue, and who lends an Ear to the Devil to be employed against GOD? Will you not therefore avoid that Seat of the Enemies of CHRIST, that infectious Chair, and that Air, which is polluted with such wicked and profane Discourse? And therefore since our mo_dern Plays, which are acted in those Houses, are no less inferiour to the ancient Ones in Impiety and Lewdness than they are in Show and Pomp; we may suppose, that those ancient Fathers, if they had lived in our Days, would have expressed their Resentments now, in the same Language which they did then. Since they have such a malignant Influence upon Faith and Manners, (as it is own_ed almost by all Persons, and as it is generally complained that they have) they may be reckoned among the Works of the Devil, as well as those of former Ages, and therefore ought not to be en_couraged by such, who call themselves Christians. And since we also have been baptized, and have promised to Renounce the Devil and all his Works, as well as the vain Pomps and Vanities of this wick_ed World, and all the sinful Lusts of the Flesh, so that we will not follow, nor be led by them; we ought, as they did, to consider the Nature of our Baptismal Vow, and Prov. ii.17. beware, lest we break that Covenant, which we so solemnly made with our GOD.

That this is our present Case may be abun_dantly seen in many Books and Treatises, which have been printed on this Subject; among which I shall only mention one of the greatest Rank among us, which is Archbishop Tillotson, who in In his third Sermon concerning the Education of Children, Page 220. First Edition. one Sermon calls the Play-House the Devil's Chapel, and the School and Nursery of Lewdness and Vice. And in another Vol. 11, Page 319,320,321. he saith, that the Plays do intrench upon natural Modesty, and for that Reason are forbidden and condemned by the Christian Religion; and (as they are now ordered among us) are a mighty Reproach to the Age and Nation. That they are intolerable, and not fit to be permitted in a civilized, much less in a Christian Nation, and that they do most notoriously minister both to Infidelity and Vice. By the Profaneness of them they are apt to instil bad Principles into the Minds of Men, and to lessen that Awe and Reverence, which all Men ought to have for GOD and Religion. And by their Lewdness they teach Vice, and are apt to infect the Minds of Men, and dispose them to lewd and dissolute Practices. And therefore (as he adds) I do not see how any Person, pretending to Sobriety and Virtue, and espe_cially to the pure and holy Religion of our blessed SAVIOUR, can without great Guilt, and open Con_tradiction to his holy Profession, be present at such lewd and immodest Plays, much less frequent them, as too many do, who yet would take it very ill to be shut out of the Communion of Christians; as they would most certainly have been in the first and purest Ages of Christianity.

And now let us consider the Reason, which the Apostle urgeth in the Text. If we should encou_rage this Evil, it will make Way for more: And, if we do not shun these profane and vain bablings, they will increase unto more ungodliness. In vain do we pretend to a Reformation of Manners and a Re_gulation of our Youth, when such Temptations lie in their Way, which, if frequented, will certain_ly debauch them. In this Case we must expect that Youth will follow what is most agreeable to their corrupt Inclinations; and whilst the Temp_tations are equally strong on either Side, and the Heart of Man is fully set in him to do Evil, we cannot but expect, that the Consequences hereof will be fatal to some, and that the Devil will not be wanting to make Use of such Opportunities to tempt Men to Sin, until they are involved in eter_nal Destruction. The sad Experience hereof made Menander, a Heathen Poet, to say, That evil Com_munications do corrupt good Manners; which was so certain and true, that it became a Proverb in Greece, and was afterward assented to by St. Paul, who inserts the same into the holy Scriptures with a particular Caution of his own, lest we should be deceived by such Insinuations. And therefore it may not be amiss to suppose, that St. Paul, di_recting his Epistle to Timothy at Ephesus, where the Comedies of Aristophanes were frequently acted, might have a particular Reference to these Enor_mities, when he advised him to shun profane and vain bablings, because they would increase unto more ungodliness: And indeed we there find the Effects thereof, for Strabo Geogr. lib. 14. pag. 41. their Manners were loose and pro_fligate, wanton, and effeminate; and they had an In_junction in their common Discourse, Let none of ours be thrifty. And if this was the Case in a City, where they could hardly be worse, what Degene_racy must be expected in a Place professing Christi_anity, and making, at least, some Show of Reli_gion?

But it is not sufficient to speak of the Increase of Ungodliness in general; and therefore I shall mention some particular Vices, which seem, in a great Measure, to be the Effects of our present Stage and their Actings.

The first is, The Profaning of GOD's Name by Swearing, Cursing, and Blasphemy. The In_crease of this Vice is most amazing, and no one that walks the Streets is sure, that he shall not hear People calling upon GOD to damn and con_found, sometimes themselves, and sometimes others, and more particularly that the Plague may rot them. There are innumerable and intolerable Ex_amples of these Sorts in our modern Plays, as they have been fully exposed by later Authors; and these are spoken as Patterns for the Bullies of the Age to imitate. The Disappointments in Come_dies are never thought to be sufficiently express'd, nor the Passions in Tragedies to be sufficiently rais'd, until their Resentments are mixed with such hellish Language. Neither are they contented with such as are more common, because it looks as if they had not Wit enough to affront GOD more effectu_ally than their Neighbours; but they are daily inventing a continual Variety of this Nature, as if the Play-House was only a Forge to hammer out new Pieces of Armour, whereby to rebel against GOD, and bid him Defiance. They who hear them with Delight soon learn them, and afterward use them in other Places; and thus like Persons sick of the Plague (which they often call for) they carry the Infection from Place to Place, and so it overspreads the Nation.

Secondly, Murthers are often the Effects of the Stage. Many of our modern Tragedies are de_signed to shew the Success of such, who think their Wills to be a Law, who hector at, quarrel with, fight and destroy all before them. To these it is that the Actors pay Respect, give them great Ti_tles, admire their Courage, and praise their Vices, instead of Virtues. Such Sights, Bloodshed, and Murther, being shewn on a Stage, do by De_grees occasion the Spectators to be cruel and outrageous; and Men do there learn to be inhu_man. Such Persons, who are in the Heat of Youth, and are of a proud and passionate Tem_per, immediately think, that they may act the same Parts upon the publick Stage of the World, and come off with the same Success, until they are convinced of their Error, when perhaps it is too late. And it is very observable, that the great_est Persecutions, which were ever raised against the Christians, were began and carried on in Heathen Rome, where they had their Theaters, and their Tragedies were most frequently acted. This made them more cruel and delight in Bloodshed, inso_much that, at last, the Martyrdom of the Saints be_came their Diversion, and Christians were in Rea_lity brought forth, and devoured by wild Beasts, to make Pastime for those, who had pleased them_selves with such Resemblances. And since the Reformation it is as remarkable, that the most dread_ful Persecutions against the Protestants, and all their Designs to destroy our Religion, have either been begun, or, at least, carried on and promoted by that City. This is the great Whore, who hath been diverted by the Theaters, Carnivals and Jubilees; and, as she was addicted to such Sports and Pastimes, it may be the less wondered at, that in all Ages she hath made herself so drunk with the Blood of the Saints. And even, among our_selves, it will be difficult to find one Instance of a Challenge or a Duel, except among such, whose Spirits have been warmed by being present at such a Furnace as this. But, having seen such Things in jest, they lose their Lives in earnest.

Thirdly, Adulteries and Whoredoms are the com_mon Effects of the Stage. In one of our Plays Gibraltar. Page 6. Line 9. Whores are dog-cheap here in London. For a Man may step into the Play-House Passage, and pick up Half-a-dozen for Half-a-crown. an Actor boasts, that this Effect is so visible in their Neighbourhood, that their Hearers can_not fail of Opportunities for such a Purpose. And indeed the notorious Immodesty, both in Words and Actions, which are there both heard and seen, the filthy Songs which are there sung, and the Musick framed by the Composers with such Notes, as will most affect the Passions, are but as so many Temptations to Lust, and serve only to instruct the Hearers, how to carry on their own filthy Designs, that so, at their Departure thence in a mix'd Company, they may go (if possible) to a worse Place, and be the real Actors of what was thus represented. Neither do the Effects stop here. These Songs are taught to young Ladies to sing, before they are sensible what they mean, and so the Parents pay for the Ruin of their own Chil_dren. Thus they learn Love-Songs, and such as are frequently intermix'd with Smut, and even Mo_tives to Lust: These they are obliged frequently to repeat, before they can learn them, and the Musician seldom fails to set the worst Part off to the greatest Advantage; sometimes by a frequent Repetition of the Words, sometimes by Affecting Divisions, and always by such soft Notes, which, they too well know, will work upon that Passion. This of course makes them wanton, and so they think of Husbands, before they are capable to choose for themselves. Thus they are soon en_snared to gratify their Passions, by others who on_ly catch at their Fortunes; and are often tempt_ed to worse Acts, which prove the Ruin of them_selves, and the Sorrow of their Parents. Thus our noble Science of Musick is debased, and, like Cannon taken by the Enemy, is directly levelled against the first Proprietor. It was, at first, in_tended in the Church of GOD to set forth his Glory both in publick and private, and be a Help to us in our Way to Heaven; but, instead of this ancient Design, it is abused to his Dishonour, and there is very little private Use made of it, un_less it is to debauch Mens's Morals, to heighten their Lusts, and send them directly into the Road to Hell. Good Men may wish, and pray, and endeavour for a Regulation; but it must be an over-ruling Providence which can effect it, and to him alone in such a Case must the Glory be given.

Fourthly, Idleness is the common Effect of the Stage. It is with great Difficulty, that Youth are kept to Labour and Industry; and therefore all Temptations to the contrary are prejudicial. But, when such leave their Callings to go to the Plays, it is but seldom, that the Masters have any Com_mand of those who are under them. They have a strange Inclination to go thither again and again; and so all necessary Business shall be neglected to gratify their Fancy. Besides, it is usually late, before the Plays are ended, and, if the Company is large, the Heat of the Place will make them thirsty. This exposeth them to go to Taverns and Alehouses, and then it is so much the later, before they return Home. By this Means Families are disordered, and forced to keep unseasonable Hours, and therefore they cannot be so early about their lawful Callings. After this, such Youth think themselves too good to be confined, and grow weary of the Station, in which GOD hath placed them. Thus the Principles of Idleness and Extravagancy are strangely infused into such People, as resort to these Places, which often tend to their utter Ruin. This may be an Argument to persuade all Trades_men and Shopkeepers to restrain their Children, Servants, and Apprentices. If they are suffered to go thither, they will be apt to frequent them; and, if they have no Money of their own for such a Purpose, they will be apt, as Occasion requires, to steal it from their Parents and Masters, which being done by little and little, it may be long before it is missed in the Way of Trade, and after that it will be impossible to know how much they have been injured.

Fifthly, Contempt of all Religion is too often the Effect of the Stage. As such Persons seldom scruple to speak the most horrid Blasphemies, as a Diversion and Entertainment to their Company; so we cannot expect, that they, who are delighted with such Things, can be reckoned Men, who have any Sense of the Honour of GOD, or Fear of his Judg_ments. Nothing is more common here for such, than to affront their Maker, and make a Goddess of their Mistress, to think of no Heaven, except in her Company, and no Hell, but to be kept from her. This and much more, which one would tremble to relate, is the Language of the Play_House, and indeed some of the best. An Author in the latter End A short View of the Profaneness and Immorality of the English Stage; by Jeremiah Collier; the first Edition whereof was about the Year 1686. of the last Century, speak_ing of this A short View of the Stage, Chap. 2. Page 56, &c. Subject, quotes out of the print_ed Plays, then extant, several Examples, where Page 60. the Service of GOD in a Church and Pray_er is ridiculed, where they Page 61. swear by Maho_met, Page 81. contemn even Heaven itself, and Page 61. give the Preference to a Turkish Paradise; where Page 63. they make a Just of their Baptismal Vow, where Page 81. they look upon Providence to be a ridiculous Superstition, and affirm, Page 78, and 147. that none but Block_heads pretend to Religion. In one of their Plays, Page 66. like Lucian and Celsus, they deride the Resur_rection. One Page 68. speaks against the Immortality of the Soul, and Page 67. another brings in a lewd Ita_lian Proverb for Authority, in Contempt of the holy Scriptures. All this was in the Infancy of this Impiety, which is now grown up to a Mon_ster. Since this we have had the Devil Thus an Actor speaks to the Devil in the British Enchanters, in order to gratify his private Revenge. Page 12. Line 22. See it perform'd &horfill; and thou shalt be,Dire Instrument of Hell, a God to me. directly owned as a GOD, in Defiance of the first Com_mandment, he is called The British Enchanters, Page 16. Line 2. Forbear, rash Mortal, give thy Frenzy o'er For now thou tempt'st a more than mortal Power. a more than mortal Power; and the Inference is, that it is a Rash_ness and Folly to resist him, not without a profane Allusion to that Text of Scripture, Deut. vi.16. Matth. iv.7. Thou shalt not tempt the LORD thy GOD. Here we have the See the Book intituled, A serious Remonstrance in Behalf of the Christian Religion, against the horrid Blasphemies and Impieties, which are still used in the English Play-Houses, to the great Dishonour of Almighty GOD, and in Contempt of the Statutes of this Realm, particularly Chap. 7. or, The Divine Attributes ascribed to the Devil on the Stage, Page 76 to Page 90. Eternity, the Omnipresence, the Wisdom and Knowledge, the Goodness, the Truth, and the Vengeance of GOD, in plain English, attri_buted to the Devil. Accordingly he is frequent_ly pray'd to, and mentioned instead of GOD, in their serious Ejaculations. In one

The Metamorphosis, Page 14. Hail, Powers beneath, whose Influence imparts The Knowledge of infernal Arts; By whose unerring Gifts we move To alter the Decrees above, Whether on Earth, or Seas, or Air, The mighty Miracle we dare.

That is, Wherever the Actors come, they set the great GOD of Heaven at Defiance, provoke him to enter into Judgment, and even dare him to do his worst. This is but the third Part of the Song, which concludes with invoking the Help, and craving the Assistance of these infernal Powers; but I suppose that the Reader doth not desire that I should transcribe any more, since, if GOD should enter into Judgment, all the Blood of the Nation is not sufficient to atone for this.

Comedy there is a Song directly in Praise of the Devil, and the Matth. xxviii.9. Salutation of our SAVIOUR to his Apostles after his Resurrection, and of Luke i.28. the An_gel to the Virgin Mary, is not only in Mack_beth, Page 4. Line 34,35,36. and Page 5. Line 9,10,11,15. The Word is Hail, which is now grown obsolete and out of Use, and others are come up instead of it; so that on our present Stage, it hath neither Wit nor Sense, but as it is a profane Burlesquing of the sacred Scriptures. ano_ther Place put into the Mouth of a Witch; but here it is given as a Compliment to these Powers be_neath, who are there represented as altering the divine Decrees; and it is farther added, that the Actors, wherever they come, do in this Manner provoke the Divine Justice, and dare even the GOD of Heaven to do his worst. In The Recruiting Officer, Page 50. Line 32. Look ye, fair Lady, the Devil is a very modest Person, he seeks no Body, unless they seek him first; besides, he is chain'd up like a Mastiff, and cannot stir, unless he is let loose. This Expression makes the Petition very impertinent, which Our SAVIOUR hath commanded us to use, Lead us not into temptation, but deliver us from the evil; and gives the Lie to the Expression of St. Peter, 1 Epist. v.8. Be sober, be vigilant; because your adversary the devil, as a roaring lion, walketh about seeking whom he may devour. a late Play, frequently acted, the Devil is expres_ly said to be a very modest Person, with other Ex_pressions, too vile to be mentioned in this Place. In the Old Testament we are strictly charged Exod. xxii.18. not to suffer a witch to live, and the New Gal. v.19,20. Witchcraft is mentioned as the works of the flesh, and that they, who do such things, cannot inherit the kingdom of GOD. In a Play, very frequently acted at this Time, we have Mackbeth, Page 39. l. 38. and p. 44. l. 9. Musick, and Ibid. p. 24. l. 32. p. 25. l. 19. p. 39. l. 38. p. 40, l. 1,17 and 23. Songs, and Ibid. p. 25. l. 19. p. 26. l. 6 and p. 44. l. 9. Dances for Witches; they enter Ibid. p. 3. l. 22. flying upon the Stage, and Page 1. l. 14. go off again in the same Manner, and Ibid. p. 41, &c. Act 4. Scene 1. a whole Train of Witchcraft is imitated. In their Discourse Ibid. p. 3. l. 23. they talk of commanding the Winds, and ma_king foul Weather to the Distress of Mariners, and Revenge of themselves. In one of their Songs they give us an Account Ibid. p. 25. l. 19. of their merry Way of Living, and that Ibid. p. 40. l. 18. all Things go fair for their Delight; and after that

Ibid. p. 40. l. 23. Oh, what a dainty Pleasure's this, To sail i'th' Air, Whilst the Moon shines fair, To sing, to toy, to dance, and kiss! Over Woods, high Rocks, and Mountains, Over Hills, and mighty Fountains, Over Steeples, Towers, and Turrets We fly by Night 'mongst Troops of Spirits. No Rings of Bells to our Ears sounds; No Howls of Wolves nor Yelps of Hounds: No nor the Noise of Water's Breach, Nor Cannons Throats our Heights can reach.

From all the deceits of the world, the flesh, and the devil, Good LORD deliver us.

they solemnly com_mend Witchcraft, in a large Song for that Purpose. From this Play we may see what Freedom they take on all Occasions with the sacred Scrip_tures. In these Books we are told, Job xxviii.26. Psal. xviii.11,12,13,14. Psal. xxix.3. that it is the glorious GOD, who makes a decree for the rain, and a way for the lightning and the thun_der, and Psal. cxxxv.7. brings the winds out of his trea_sures. Here we have these Things represented as Ri_naldo, p. 45. l. 23. The British Enchanters, p. 16. l. 19. p. 33. l. penult, and p. 34. l. 8. raised by Devils, and also

Mackbeth, p. 1. Act 1. Scene 1. and p. 3. l. 21. Where Showers are added, and the Witches speak thus to one another,

When shall we three meet again, In Lightning, Thunder, and in Rain. by Witches, and their Diverting themselves at such a Time. The Scriptures, speaking of the Glory of GOD, say, Psal. civ.3. That he maketh the clouds his chariot, and walketh upon the wings of the wind. And a like Expression is used by an Actress on the Stage, when she speaks of

Mackbeth, Pag. 39. line penult.

Hark! I am call'd, my little Spirit (see) Sits in a foggy Cloud, and stays for me. the Devil sitting in a fog_gy Cloud at the same Time. And to add but one Instance more, The The Prophet Micaiah describes the Majesty of GOD in this Manner, 1 Kings xxii.19,20,21,22. I saw the LORD sitting on his throne, and all the host of heaven standing by him on his right hand and on his left. And the LORD said, Who shall persuade Ahab, that he may go and fall at Ramoth Gilead? And there came forth a spirit and stood before the LORD, and said, I will persuade him. And the LORD said unto him, Where_with? And he saith, I will go forth, and I will be a lying spirit in the mouth of all his prophets. And he said, Thou shalt per_suade him, and prevail also. Go forth, and do so. Words of the LORD; sitting upon his throne, are put into

In Mackbeth, Page 38. Line 34. the Devil thus speaks to his Witches.

&horfill; I shall, e're Night, Raise from the Center such a Spright, As by the Strength of his Illusion Shall draw Mackbeth to his Confusion.

For the same Purpose, they utter three ambiguous Prophecies to make him bold, Page 43. Line 6,9, and 17, which being taken in a wrong Sense, was the Cause of his Destruction, and added a greater Reputation to the Oracles of the Devil, See Page 59. Line 25. for the two first, and Line 17. for the other.

From the crafts and assaults of the devil, from thy wrath and from everlasting damnation, Good LORD deliver us.

the Mouth of the Devil, that he may vie with him upon the like Occasion, when he speaks to his Witches, as the blessed GOD did to his holy Angels. In short, we have Reason to believe, that the con_stant Ridiculing, Burlesquing, and Exposing the sacred Scriptures with such a general Approbation from the Audience, is a great Reason of the In_fidelity of the present Age; and hath made others so bold, as to treat the Prophecies of the Old Testa_ment, and the Miracles of Our SAVIOUR in the New, with such Scorn and Contempt, and as Cheats and Impostors, the like whereof cannot be met with since the Creation of the World: For he, who will read but a few Pages in these printed Books, may soon perceive, that they are the per_fect Imitators of the Play-House Language.

Lastly, It is a Question, how far the Stage hath en_couraged even the frequent Robberies on the Roads, and in the Streets. There is something new and surprizing, which offers it-self on this Head. In a late Play, which hath had a prodigious Run, to the Scandal of this Nation, we have a The Beggars Opera Drama. Crew of Beggars, made so by their own Vices and Extrava_gancies. The Women, without any Sense of Decency, own themselves to be common Page 30. line 26. and 30. p. 31. l. 7,12,19,21 and 23. Whores, and seem to glory in their shame; and, to supply their Necessi_ties, they take to Page 29 and 30. Picking of Pockets and Shop_lifting, and Page 24,25 and 26. the Men are for Robbing on the Highway. Here we have Page 2. line 31; and p. 9, l. 7. Methods chalked out to train up Persons to Stealing. Here we have Page 8. line 13. p. 30. l. 15. Picking of Pockets encouraged, Highway Robberies pleaded for both in Page 24, throughout. Prose and Page 26. l. 31. in Verse, with Page 25. l. 17. Methods for Intelligence, and Page 5. l. 14 and 22. Murders allowed in such Cases. Here we have also a Page 30. l. 1,5,8. Toleration for Going off with the Goods of the honest Tradesman. Here the Laws, which are made in such Cases, are Page 24. l. 17. exposed. Here we have Page 21. l. 11. p. 24. l. 27 p. 53. l. penult. p. 54. l. 2. p. 68. l. 12. p. 72. l. 5. and p. 74. l. antepenult. the Courtiers, and Page 9. line 35. p. 28. l. 30. and p. 29. l. antepenult. Court Ladies Page 1. l. 12. p. 38. l. 5,12, and 18. States-Men Page 6. l. 11. p. 11. l. ult. Lords, Page 6. l. 11. p. 15. l. 12. Gentlemen, and Page 15. l. 22. p. 16. l. 6. p. 21. l. 11, and p. 31, l. 31. Lawyers, treated with the utmost Scorn and Con_tempt, for no other visible Reason, but because they desire to be secure in the Possession of their own, and are therefore willing to put the Laws in Execution against such Practices as these. Here we have Page 1. l. ult. a Thief-Advocate, who acts both against Rogues and for them; that is, Page 16. l. 11. he receives stolen Goods, and Page 7. l. 23. p. 55. l. 24. and p. 57. l. 16. disposes of them, both at Home and Abroad, and Page 14. l. 24, and p. 39. l. 23. some_times to the right Owners. His Business is to teach them how Page 2. to plead, to Page 2. l. 1. encourage Cheats, to Page 2. l. 10. soften the Evidence, Page 66. l. penult. to sinke them, or Page 68. l. 6. nail up their Lips, as Page 67. l. penult. in his Power. This he doth, when the Person (as he calls it) is Page 4. l. 1. active and industrious, and to save them from Transportation, because he can get more by their Stay at Home. He hates Page 3. l. penult. a lazy Rogue (as he calls him) he Page 4. l. 1. saves the worst, condemns Page 4. l. 22. such as he hath the least Profit by; such who dispose Page 4. l. 10, and 16. of stolen Goods without his Knowledge, and especially those who would live honest. He hath Page 1. l. 1. a large Book of Accompts before him, and Page 12. l. 8. his Daughter is a very considerable Fortune. The principal Actor is Page 24. the Captain of a Gang of High_waymen, with these he meets at a Tavern; there are eight by Name, and others which are nameless. Here they plead for their Practice, and en_courage each other with the utmost Encomiums. This Actor hath Viz. Polly Peachum, the Daughter to the Thief-Advocate, and Lucy the Daughter of Lockit, the Keeper of Newgate. two Wives at a time, at least in all outward Appearance. He hath Page 28. l. 15. eight Whores with him at once in the Tavern, and Page 74. l. 12. and four Women more follow him with a Child a-piece. This is the Reason, that Page 7. l. 1. p. 10. l. 3. p. 11. l. 23. p. 14. l. 8. p. 15. l. 8. p. 16. l. 33. p. 17. l. 21. p. 37. l. 3. p. 39. l. 36. p. 40.l. 7. p. 42. l. 26. p.61. l. 22. Mar_riage is so frequently ridiculed, as also Page 18. l. 9, and p. 34. l. 28. con_jugal Affection in a married State; and Adultery, Whoredom, Polygamy, and Intriguing with Wo_men are so frequently pleaded for, both in Prose and Verse, according to the constant Practice of our modern Comedies. The Captain of the High_waymen declares himself a common Page 27. l. 11. with a Song in Praise of it, l. 18. so also p. 29. l. 10. p. 30. l. 30, and p. 43. l. 16. Whore_monger. For his Robberies he is committed to Newgate, which for this Reason is made Page 49. l. 2. a Scene on the Stage, and treated as a Jest rather than a real Punishment. Here we have Page 70. l. 4. a Dance of Prisoners in Chains. Here we have Page 41. l. 7. p. 47. l. 10. Plots for Escape, drawn up to Perfection for the Encouragement of such, who like these Courses. Here we have a Page 70. l: 12, and ult. p. 71. l. 2,7 and 10. Scene of Drunkenness to allay the Fears of an Execution. In this the Page 74. l. 2. and 4. Villain places all his Hopes; Adds to this, that he and Page 5. l. 6. p. 32. l. 3. p. 44. l. 15. p. 69. l. 11 and 17. p. 73. l. 2, and p. 74. l. 15. others also ridicule and burlesque the fatal Cord, as rather to be chosen than some temporal Misfortunes, and at last resolves to die Page 70. l. 17, and p. 71. l. 7. more like a Martyr than a Malefactor. Af_ter all this the Villain gets clear, is Page 75, Scene the last. the prin_cipal Hero of the Play, takes to the principal Actress for his Wife, who shew'd her Affection in the worst of Times, and he gives his bare Word, that he will be constant to her, and makes an honourable Exit, without any other Sign of Repen_tance for, or a Reformation from his former Vil_lanies. If then our Prisons are filled with Persons for capital Crimes: If our Roads are infested with Robbers abroad, and our Streets with others near_er home: If Tradesmen cannot stir out for Fear of being knock'd down, and their Goods cannot be safe in their own Shops, it must be allowed, that the Poets, Actors, and Audience have given the greatest Encouragement to all these Misfortunes, and have done their utmost to shock the Autho_rity of the Laws, which are made to restrain them, and render the Punishments inflicted in those Cases as most contemptible.

Since therefore these profane and vain bablings do (as the Text saith) increase unto more ungodli_ness; this should exhort all such, who pretend to a Sense of Religion, or Love to their own Souls, to avoid them. Such evil communications will cor_rupt good manners, and therefore let us not be decei_ved. You cannot after such a Warning pretend to Ignorance, and therefore the Crime must be wilful and inexcusable. It is universally reckoned a Scan_dal for any Clergyman to be seen in such Places; and therefore that, which is scandalous in one Or_der, must be disreputable in others. When Eusebii Historia Ecclesiastica, lib. 3. cap. 28. alias 25. St. John the Apostle saw Cerinthus the Heretick in the same Bath with him, he immediately with_drew himself, and advised others so to do, lest the Judgments of GOD should overtake them for being in such Company; and certainly we have as much Reason to take his Advice, in Relation to the Play-House. What Tertullus falsly said of Acts xxiv.5. St. Paul, is too true of such Actors, We have found such Men to be pestilent Fellows, loimon, a Plague; and therefore we should do by them, as we do by others, who are afflicted with such a Distemper. Now if we are afraid of a Disease, which will only kill the Body; how much more should we fear that Contagion, which, if not prevented, will destroy both body and soul in hell? Let us re_member the Charge, which GOD gives us in the Text, and not only there, but also in other Places of Scripture. Thus it is Eph. v.11,12. Have no fellowship with the unfruitful works of dark_ness, but rather reprove them; For it is a shame even to speak of those things, which are done of them in secret. So Prov. xiv.14. &c. Enter not into the path of the wicked, and go not in the way of evil men. Avoid it, pass not by it, turn from it, and pass away; For they sleep not, except they have done mischief; and their sleep is taken away, except they cause some to fall. For they eat the bread of violence, and drink the wine of deceit. And Psalm. i.1,2. Blessed is the man, that hath not walked in the cou_nsel of the ungodly, nor stood in the way of sinners, and hath not sate in the seat of the scornful. But his delight is in the law of the LORD, and in his law will be mediate both day and night. If these Places were not frequented, they would fall of course; and, when the Hope of their Gains was gone, they might betake themselves to some re_putable Method for a Livelihood. However, if some Men should be so obstinate and refractory, as to take no wholesome Advice in this Case; yet, one would think, that such Women, who have any Regard to their Reputation, will shun those Places. One would think, that such filthy Discourse would be very affronting in Conversation, and not to be endured by any young Lady, who values her Cre_dit. And one would think it strange, that such Liberties, which they would justly resent in pri_vate Conversation, should entertain and please them on the publick Stage. In short, their Going thither seems to be no other than Spending their Mo_ney to hear themselves abused, and their Modesty af_fronted; and in such Case it is much better to stay at Home. To suppose that such can like it, is a gross Reflection on their Virtue; and therefore it may rather be hoped, that they will take Care not to expose themselves. To sit contentedly and hear a Parcel of such lewd, wanton, and smutty Discourse, both in Prose and Verse: To see such Plots and Contrivances carried on both for Whoredom and Adultery without Detestation, makes the Rakes of the Town think, that these are as bad as themselves, and that it is not a Sense of the Sin, but rather of some temporal Inconveni_encies, or Want of Opportunity, which restains them from Committing the like. This exposeth them to such Adresses, which they themselves abhor; and then, being afraid wherever they go, they wish too late, that they had never given the Occasion.

Lastly, Let us all be exhorted to put up our Prayers to GOD, First, For those who frequent such Places, that they may see their Error, repent of their Sin and Folly, and do so no more. If neither Sermons nor Advice can prevail; yet we know not but our Prayers may reach them, and GOD may have Mercy on them for our Sakes. Secondly, Let us pray to GOD for the whole Na_tion, that he would not lay these Sins to our Charge, but try and spare us a little longer. Never was there a greater Occasion for this than now. Do we think that there is a GOD? and that he is the Creator and Governor of the World and all that is therein? Can we Gal. vi.7. think that he will be always thus mocked, insulted, and provoked? that he will suffer his Isai. xlii.8. glory to be given to another, and his Praise to the Devil, his greatest Enemy? and that he will not, at last, shew his Resentment and Indignation? The Prophet Je_remiah saith, Jer. vi.29,30,31. that when such wonderful and hor_rible things are committed in the land, and the people love to have it so, then GOD exert his Authority. Shall I not visit for these things, saith the LORD? And shall not my soul be avenged on such a nation as this? And St. Paul adds, Rom. i.32. and ii.1. to 12. that when Men know the judgments of GOD, that they who commit such things, as Witchcraft and diaboli_cal Representations, are worthy of death, they have pleasure in those that do them, they are most inexcusable. They despise the riches of the goodness, and forbearance, and long suffering of GOD; not know_ing that his goodness should lead them to repentance. And after their hardness and impenitent heart, they treasure up to themselves wrath against the day of wrath, and revelation of the righteous judgments of GOD; who will render to every man according to his deeds. These old Distempers are more difficultly cured; and therefore we may dread, that Ad pœnam tardus Deus est, ad prœmia velox; Sed pensare solet vi graviore moras. the Medicine of his Wrath will be more severe at last. Let us then pray to him, that if the crying Sins of this Nation are too great to be winked at, and his Patience is provoked to Fury, yet he would at least spare those who are innocent, and keep them_selves pure from the Pollutions of the Age; that he would hide them, in particular, under the Hol_low of his Hand, until his Indignation is over_past; that he would make a Mal. iii.17,18. Distinction between the righteous and the wicked, between him that serveth GOD, and him that serveth him not; that he would Ezek. ix.4,5,6. set a mark upon the foreheads of them that sigh, and that cry for all the abominati_ons, which are done in the midst of the Land. That if he deals with us as with Sodom, for those Sins in which we imitate them; yet that every just Lot, who is grieved to hear of such Things, may be 2 Pet. ii.6,7,8,9. preserved from the Flames. That if he should say, Ezek. xiv.12 to 21. Sword, go through the land, to cut off from it man and beast, and make it desolate; or if he should cause noisome Beasts to pass through it, or visit us according to his daily Threatenings with the Famine or the Pestilence; yet such Men as Noah, Daniel, and Job, who are found in it, may deliver their own souls by their righteousness. And that whenever he is pleased again to visit us in Mercy, to lift up the light of his countenance upon us, and give us peace; the Sense hereof may work such a Reformation in our Hearts, that we may no longer be guilty of such Provocations, but we may devote ourselves to his Service, like such as are preserved by him. To conclude, Let us all pray to GOD to give us his Grace, that we may shun these profane and vain bablings, since we find by daily and woful Experience, that they do increase unto more and more ungodliness. That we may de_light ourselves in his Commandments, and say with holy David, Psal. cxix.113. I hate vain thoughts, or them that imagine evil Things; but thy law do I love. That instead of these profane, wanton, and un_godly Songs and Ballads, which are daily coined in this Mint of Iniquity, and tend only to the Nourishing of Vice and Corrupting of Youth, we may refresh our Souls with such Psalms, di_vine Hymns and Anthems, and such heavenly Hallelujahs, which an Angel may sing, or a Mar_tyr may hear; and which will be so far from Leav_ing a Sting of Conscience behind, that we may repeat them with Satisfaction on a Dying-Bed. Such Mu_sick as this would revive our Souls in the greatest Affliction; and, whilst we taste of such Enjoyments in this World, they will be but as Earnest of far greater, which we shall enjoy in the World to come. &horbar

APPENDIX.

I Suppose that it will be urged, in Vindication of the Stage, that some of the Plays here mention'd are of an ancient Date, and are now out of Use.

To this it may be answered, that if this is true, yet it cannot be ex_pected, that every Clergyman, who attacks the Profaneness and Lewdness of the Play-House, must have read the Stage quite through, or can be Judge, what are acted there, and what are not. The Reading of one or two, which are most frequented, will give a Man a Surfeit, who hath any Sense of Religion, and by these he may easily guess at the rest. However, this Objection is of no Force. First, Because they take the oldest Plays, which are fittest for their Purpose. Thus the Tragedy of Mackbeth continues in Esteem; and no visible Reason can be given for it, but because the Pleasures of Witchcraft are set forth to the greatest Advantage, and herein we have a full Account of the infallible Fore-knowledge of the Devil. Secondly, Those Plays, Love for Love, and Tunbridge-Walks, &c. which were justly exposed by Collier, at the first Attack upon the Stage, as most scandalous for Swearing, Cursing, Smut, Burlesquing the sacred Scriptures, and all other Sorts of Profaneness, continue still to be acted with the same Applause as formerly. To this may be added, that a Book was printed in the Year 1706, intituled, The Evil and Danger of Stage-Plays, shewing their natural Tendency to de_stroy Religion, and introduce a general Corruption of Manners, in almost two thousand Instances, taken from the Plays of the two former Years, against all the Methods lately used for their Reformation; and since this another was printed in the Year 1719, intituled, A Serious Remonstrance in Behalf of the Christian Religion, against the horrid Blasphe_mies and Impie_ties, which are still used in the Eng_lish Play-Houses, to the great Dishonour of Almigh_ty GOD, and in Contempt of the Statutes of this Realm, shewing their plain Tendency to overthrow all Piety, and advance the Interest and Honour of the Devil in the World; from almost seven thousand Instances, taken out of the Plays of the present Cen_tury, and especially of the five last Years, in Defi_ance of all Methods hitherto used for their Reforma_tion. Among others there are these Chapters, where_in the Contents are fully proved.

Chap. 2. The Name of the Devil is frequently mentioned on the Stage, where Men are also turned into Devils, and crowned with Success.

Chap. 3. Witchcraft and Magick encouraged by the Stage.

Chap. 4. The Devil honoured by the profane Swear_ing of the Stage.

Chap. 5. The Devil honoured by the profane Cur_sing of the Stage.

Chap. 6. Representations of divine Worship as paid to the Devil on the Stage.

Chap. 7. The Divine Attributes, particularly his Eternity, Glory, Omnipresence, Wisdom, Knowledge, Power, Goodness, Truth and Vengeance, ascribed to the Devil on the Stage.

Chap. 8. The Scriptures perverted to the Honour of the Devil.

Chap. 9. Religion, Virtue, and the Worship of GOD visited on the Stage.

Chap. 10. The Liturgy and the Articles of the Christian Faith burlesqued by the Stage.

Chap. 11. Virtue exposed by the Stage.

Chap. 12. Atheism and Profaneness promoted by the Stage.

Chap. 13. Vice encouraged by the Stage.

Chap. 14. The Stage a declared Enemy to all Reformation.

Chap. 15. Heaven, the Abode of GOD, exposed on the Stage.

Chap. 16.Hell, the Prison of the Devils, magni_fied on the Stage.

Chap. 17. Other Ways, whereby the Devil is also honoured, and his Interest directly promoted by the Stage.

Chap. 18. The Blessed GOD treated with Contempt upon the Stage.

Chap. 19. The Works of Creation and Providence exposed upon the Stage.

Chap. 20. The Holy Scriptures burlesqued by the Stage.

Neither of these Books have yet been answered, neither hath there been any Method taken for their Reformation. They wholly act as their Interest guides them, without any Restraint; and we too plainly see, that their Interest guides them to pick out the worst Plays, which were ever acted in all Ages and Places. So that whatever hath been written upon this Subject, and any Quotation from any of their Plays, is of full Force at this Time, and may be alledged against their present Practice.

Secondly, It is urged in their Vindication, That they are obliged to make profane Persons speak and act according to their Character. To this it may be answered, That this Liberty may be allow_ed in every thing, which is not sinful in it-self, but no further. But this hath been formerly and ef_fectually answered. Collier having exposed some Plays of Congreve for this Reason, he makes this Excuse in print, and urged it as far as it would go; to which Collier made a Reply, and shewed the Weakness and Insufficiency of this Pretence. So that they, who urge this Argument, ought first to answer that Book, or otherwise it stands as an Answer, to all that they still assert. But the still Insisting on this baffled Argument shews that such Men will never take an Answer, and with them there is no arguing. However, nothing of this can excuse the present Stage. All these horrid Blasphemies and the vilest Expressions are put into the Mouths of their principal Actors, whom they reward at last, and crown with Suc_cess. And this is the utmost, which can be done by them to promote it in the World.

In short, Profaneness, though never so well corrected, Collier's Short View of the Stage, Page 96. is not to be endured. It ought to be banished without Proviso or Limitation. No Pretence of Character or Punishment can excuse it, or any Stage-Discipline make it tolerable. It is grating to Christian Ears, dishonourable to the Majesty of GOD, and dangerous in the Ex_ample. And it tends to no Point, unless it is to wear off the Horror of the Practice, to weaken the Force of Conscience, and to teach the Language of the Damned. When such Actors are made to prosper according to their Wishes, it is much more scandalous and provoking, and there is hardly any thing, which can exceed it, except the Pleading for it.

Lastly, It may be urged in Vindication of the Tragedy of Mackbeth, that the Consulting with Witches is discouraged, because Mackbeth himself, the principal Person in the Play, came to an un_timely End by Consulting with them.

But to this it may be answered, First, That granting this to be true, yet there is no Dis_couragement of Witchcraft or Magick. The Witches act their Parts Mackbeth, Page 1. Line 1. p. 3. l. 22. p. 24. l. 32. p. 39. l. 19, and p. 41. l. 1. at several Times, and Page 3. Line 22, and p. 1. l. 14. make both their Entrance and their Exit by flying. They Page 24. Line 32. p. 25. l. 18. p. 39. l. antepenult. p. 40. l. 1 and 23; and p. 42. l. 8. sing, they Page 26. Line 5. dance, they Page 40. Line 23. commend their Way of Living, and seem to have nothing to disturb them, and their Cha_racter is Page 10. Line 27. that they have more in them than mortal Knowledge.

But Secondly, It is not true, that Consulting with Witches is here discouraged: For Mackbeth is not the only Instance in this Case. Banquo had his Fortune told him, that he should be Page 5. Line 10. less than Mackbeth and greater, and that he should be Page 5. Line 11. not so happy, yet much happier. The first Part of these Prophecies was true in himself, and the other Part is his Posterity. He was also told, that Page 5. Line 12. he should get Kings, but he should never be one. Accordingly he was Page 33. Line 35. killed when his Son Flean escaped, and Page 43. Line 34. eight Kings are suppo_sed to be of his Race.

Mackduff also consults the Witches, and had these Answers Page 26. Line 11.:

1. Saving thy Blood will cause it to be shed.

2. He'll bleed by thee, by whom thou first hast bled.

5. Thy Wife shall shunning Dangers Dangers find, And fatal be, to whom she most is kind.

The first and third of these were fulfilled, be_cause upon the Death of Banquo Page 37. Line 19. Mackduff flees for England; his Lady, being afraid to travel, stays behind; keeps Page 51. Line 20. herself and her Children in a strong Castle, where they were barbarously murdered by Mackbeth's Orders. The other Page 59. Line 22. was fulfilled, when Mackduff killed Mackbeth, saying, I have a Prophecy, which tells me, I shall have his Blood, who first shed mine.

Neither doth the Story of Mackbeth any way discourage the Consulting with Witches. They tell him, that he was Page 4. Line 34. Thane or Earl of Gla_mis. This Page 5. Line 18. he knew. That he was Page 4. Line 35. Thane of Cawdor. This Page 6. Line 11. was true, but he did not then know it. And they tell him, Page 4. Line 36. that he should be a King, which Page 23. Line 26, and p. 26. l. 28. happened according_ly. When they were willing to deceive him to his own Destruction, they tell him three Prophe_cies to make him bold.

The first is Page 43. Line 6. Beware Mackduff, Avoiding him, Mackbeth is safe enough.

This was true, for Page 59. Line 25. Mackduff killed him.

The second is Page 43. Line 9.

Be bold and bloody, and Man's Hatred scorn; Thou shalt be hurt by none of Woman born.

To which Mackduff Page 59. Line 25. answers, that he

Was from his Mother's Womb untimely ript.

The last is Page 43. Line 17.

Mackbeth shall like a lucky Monarch reign, 'Till Birnam-Wood remove to Dunsinain.

And accordingly Page 55. Line 34. p. 57. l. 16. and 28, and p. 59. l. 35. the Soldiers carried Boughs before them to conceal their Number.

And certainly, when the Poets make every Tit_tle thus fulfilled, they cannot do more to encour_age those diabolical Consultations. But if Mack_beth was destroyed for Consulting Witches, it will also be remember'd, that he gained a Kingdom by the same Method, and this is a sufficient Encouragement. If the Apprehensions of temporal Death will not freighten Men from capital Crimes in other Cases, then certainly it will not in such Cases as these. Besides, Men are willing to obtain their ambitious Ends, and either look not on such distant Consequences, or think to prevent them by being fore-warned. If Mackbeth's Ex_ample signifies any thing, the Moral is this. A Man may gain a Kingdom by Consulting with Witches; but he is in Danger afterward of Coming to an untimely End. But lest this should be a Discouragement, the Poet takes Care to revive the Spirits of those, who might be afraid, and boldly tells the Audience, Page 31. Line 34. ThatThose who expect, and do not fear their Dooms, May hear a Message, tho' from Hell it comes.

The Prophet Isaiah tells us, that Isaiah xlii.9; and xliv.24. to the End. his former Prophecies are come to pass; he also declares new Things, and tells us of them before they spring forth; and Isaiah xli.26; and xliii.8,9; and xliv.7, and xlv.20,21. he challengeth all the Heathen Idols to shew the things that are to come hereafter, that we may know them to be gods. The Stage roundly an_swers to this Challenge, and ascribes it all to the Mackbeth, Page 10. Line 27. more than mortal of infallible Fore-knowledge of the Devil, and so make his Delusions, uttered by Witches, to vie with those sacred Oracles, former_ly revealed to the Prophets.

I have dwelt the longer on this Play, as being one most frequently acted. There are a vast Num_ber of others, which are more flagrant than this. However it is plain, that a single Sentence is of_ten catch'd at, and turn'd to excuse the Poet, when the whole Plot and Contrivance lies the con_trary Way. But, alas! the Antidote is too weak for the Poison, or rather in this Case is no Antidote at all. It serves only to lull the Consci_ence asleep, or gild the Pill, that the Poison may be swallowed without being suspected.

However, as from this Instance it is easy to guess at the rest; so this may lead us into the usual Methods of the Stage-Poets. They respresent the worst Vices in the best Dress, and sometimes make a feint Representation to the contrary, as suffici_ent to atone for all their Enormities. With this they endeavour to amuse the World, that Men may not think them so bad, as they really are. Thus they usually answer the Objections, which are brought against them; and when they drown the World with an overflowing Sea of Profane_ness, they would fain make us believe, that they are inoffensive.

&horbar

An Advertisement in the Gazette of Octo_ber 14, 1729.

Whitechappel Court-House, Oct. 7, 1729.

Tower-Division.

"WHereas it was publish'd in the Coffee-House Morning Post, of the 24th of Septem_ber last, that a Gentleman, well skilled in the Management of a Theater, is obtaining Letters Patents to erect one in Ayliffe-Street in Goodmans_Fields, by Way of Subscription, and that the Undertaking meets with a general Approbation. And also by an Advertisement published in the Daily Post of the 30th of the same Month, it appears that only seven or eight Persons have applied to the Justices against Erecting the said Theater, but that there has been no Meeting about it. These are therefore to certify, that the Erecting the said Theater is so far from meeting with a general Approbation, that great Numbers of Gentlemen and substantial Mer_chants and Tradesmen, residing in and near the said Street, have applied to His Majesty's Justi_ces of the Peace, acting for the Division of the Tower, at several Meetings appointed for that Purpose, and set forth to them the evil Conse_quences that will necessarily attend the Carrying on such a Design. The Justices present at those Meetings were so thoroughly convinced, that the Erecting the said Theater so near several publick Offices, and the Thames, where so much Busi_ness is negociated, and carried on for the Sup_port of Trade and Navigation, will draw away Tradesmens Servants and others from their law_ful Callings, and corrupt their Manners, and also occasion great Numbers of loose, idle, and disorderly Persons, as Street-Robbers, and com_mon Night-Walkers, so to infest the Streets, that it will be very dangerous for His Majesty's Sub_jects to pass the same, have already ordered Ca_veats to be enter'd in the proper Offices, to pre_vent the Gentlemen obtaining Letters Patents for Erecting the said Theater, and are resolved to the utmost of their Power, to shew their Disap_probation of the same, by doing every lawful Act they can, to prevent so great a Mischief.

Sign'd by Order, Sam. Cowper, and Sam. Sadleir, Clerks to the Justices of the Peace, at their Special and Petty Sessions held for the said Division.

FINIS.

|CRE |Y1644 OF SCANDALL. &horbar Prophētai dyo ē treis laleitōsan, kai hoi alloi diakrinetōsan. &horbar &horbar &horbar &horbar OXFORD, Printed by Henry Hall Printer to the Universitie, 1644. OF SCANDALL.

� 1. HE that would know the true proper full im_portance of the word Scandall or Offence, or to be Offended or Scandaliz'd (as they are taken for the same) need not seeke into many authors for it. The new Testament, and the Apocryphall bookes, and the Greeke transla_tion of the old Testament, are the prime authors that have used these words, and all other later Christian writers may justly be thought to have had them from that Fountaine; an_cient prophane writers not affording them. � 2. From hence 'twill be sure just to inferre, that in as many senses as the scripture Canonicall and Apocryphall hath used the words in so many they may be justly used, and in no more. Now the uses of the word Scandall skandalon among them are either naturall (as generally in the old Testament,) or borrowed, i.e. metaphoricall, (as cheifly in the new.) It naturally signifies 3 things. � 3. 1, A Trapp, a Gin, or Snare to catch anything: So in the Greeke transla_tion of Psal. 69.22. the word is us'd, (being joyn'd with 2 other words which signifie snare and gin,) and in our new translation is rendred a trapp: pagis kai thēra wherefore in the place of Rom. 11.9. where the same words are cited out of the Septuagints translation, and not out of the Hebrew text of the Psalme, I should conceive it should be rendred by analogy, not stum_bling blockes but gin, or some other word belonging to this first signification. In this sence it is used 1 Mac. 5.4. where it is all one with snare, and it is farther interpreted by (laying wait by the way) to catch them treacherously. So againe Wisd: 14.11. the word is used, and explained by another word, sig_nifying a trapp, or snare, the very same that was used in the Psalmes, and to the Romans.

� 4. 2. It signifies any Obstacle or hindrance layed in a mans way, by which the passenger is detain'd or stopt, peculiarly a sharpe Stake, such as in time of warre men were wont to put in the fields where their enemy should follow, to wound their feet or leggs in their passage: against which being so ordinary in warre, they anciently used greaves of brasse to de_fend their feet or leggs. 1. Sam: 17.6. to which you may referre that Epithite so frequent in Homer, ēyknēmides, and chalkoknēmides Achaioi: to signifie those greaves brasen or other_wise, that the Grecians used; described by that Poet, Il. Phi, by knēmis neoteuktou kassiteroio made of tin, and covering the whole legg to the knee, of so firme a substance that it made a loud noise at the stroake of the weapon on it, smerdaleon konabēse saith he. Thus is the word skandalon used, Judith 5.1. where we render it impediments, a word somewhat too generall to signify those sharpe stakes or other instruments to wound or gall the passengers, which are knowne to every body: for which I beleeve we have some proper english word, I thinke it is a gal-trapp.

� 5. 3&lysup;. The word signifies a stone or blocke in the way, at which men are apt (if they be not carefull, or of they goe in the darke) to stumble and fall: and thereupon in the old Te_stament it is taken for a fall: and so sometimes for sinne, the fall of the soule, as Judith 12.2. (where these words [lest it be an offence] would more clearely be rendred out of the Greeke, lest it become an offence, 1.a sinne or pollution, as you may see in the same matter which is there treated of Dan. 1.8. Tob. 1.11. and 1.Sam. 25.31.) and sometimes for ruine or de_struction, the fall of the whole person, which we are brought to by sinne, as Judith 5.20. our English renders it ruine, and Psal. 49.13. where though we read folly, the Septuagint read Scandall, by that rendring an Hebrew word which sig_nifies both folly and ruine. lesev I confesse this last acception of the word for ruine, is somewhat rare (yet authoriz'd by our English in the place of Judith) and therefore if any dislike it, I shall not stand much upon it: because in both those pla_ces last mentioned it may well enough signifie sin, as that is a snare or stumbling blocke, an occasion of ruine, or falling, or destruction, in which sense I conceive 'tis used, Judg.: 8.27. where 'tis rendred a snare, i.e. a sinne ensnaring or occasioning ruine.

� 6. Beside these 3 significations, in which the word in Greeke retain'd in our language, is read in the old Testament, I am confident there is no other, save once Psal: 50.20. for slan_der or calumny or defamation, (for so the Hebrew ifd there signi_fies) a sense which is vulgar amongst us in English; by a Scandall meaning a slander: but that sence being but once met with in the whole Bible, or twice at most (Eccl: 27.23. where yet I conceive the translation might be mended) will not deserve to be taken into consideration.

� 7. Now for the use of the word in the new Testament: 'tis first observeable, that the best nomenclature for hard words in that is the observing the use of them in the Greeke of the old, for the writers of the new Testament, being Jewes not Greekes, wrote in an idiom proper and peculiar to them on_ly, and those other Jewes that wrote also in Greeke, some_what differing from that of the Atticke, or naturall Greeke writers. And therefore we may well resolve, that the uses of the word, which we have there found and already observ_ed, will be very instrumentall to the understanding of the same word, and others derived from it in the new Testament. And so much the rather because, as I said, no prophane Greeke writer before the scripture, is knowne to have used it; only Aristophanes once a word neare it. skandalēthr'histas This being premised, 'twill be worth our paines (at least by so doing we shall put the whole matter beyond exception) to survey breifly all the places in the new Testament, where the word is used.

� 8. To that end I shall beginne with the first in my Concordance, which is Matt, 13.41. the Angells shall gather out all Scandalls: 'tis in a sence borrowed from the second mention_ed signification of a sharpe stake, which he who has once met with and beene gall'd by it, is wont to gather up and cast into the fire, as there it followes the Angels for our sakes should do, v: 24. (to which Saint Paul also seemes to allude 2 Cor: 11.29. in putting Scandalizing and burning together) and de_notes simply whatsoever may wound or gall us in our Christi_an course, and by that meanes foreslow our pace, cause us to slacken, or give over, or ly downe in the service of Christ, so Mat: 17.27. Christ paies tribute, that he may not offend the Jewes, i.e. that they might not thinke him a Contemner of the Temple, to which the Tribute was due, and so foresake and not beleeve in him; that he might not discourage them from following him. So Mat: 15.12. the Pharisees hearing a doc_trine that gall'd them particularly, were offended and for_sooke him, that doctrine drave them away from following him. So againe (Mat: 18.7.) it must needes be that offences come, which seemes to referre to false doctrines and heresies, if you compare that verse with 1.Cor: 11.19. there must be He_resies (and Rom: 16.17. where offences are said to be contrary to the Apostles Doctrine, and that they must be avoided, as the Hereticke must Tit: 3.10.) the venting of which of all things most hinders others in their Christian course, but whether it be meant peculiarly of Heresies or exemplary sins it matters not. To which soever you apply it, another place, Luk. 17.1. will belong unto it also, being the place directly parallell to it. So Matth. 18.6. He that shall offend one of these little ones. i.e. he that shall occasion their falling off into any sinne; or, which the place especially imports, by contemning them, discourage them from the study of piety. For so on the contrary side to receive them, v: 5. is by Saint Marke 9.41. exprest to consist in doing them kindnesse to encourage them in the wayes of godlinesse. So Christ crucified is said a Scandall to the Jewes, i.e. they that were otherwise not ill opinion'd of him, and so followed him with the multitudes, when they saw him cruci_fied, were quite discourag'd, and fell away from him, (as they that are so gall'd by those stakes are faine to give over the pur_suit, to return) and so resolved, seeing him dye, that he was not the Messias whom they expected, a glorious temporall deli_verer. To which belongs that noteable place Matthew 11.6. Luk: 7.23. Blessed is he that shall not be offended in me, i.e. shall not be gall'd and discourag'd, and so fall off by seeing the sufferings that befall me, and await my disciples or followers. So againe Mat: 13.57. Mark: 6.3. It is said, that the consi_deration of his knowne and meane birth occasioned their be_ing offended in him, i.e. their deserting and not beleeving of him, when the miracles which he had done inclin'd them some_what to a valuing of him. So John 6.61. When Christ talkes of eating the flesh of the sonne of man, they were offended, (that is) that speech carnally understood (either that Christ was to dye, (which the eating his flesh presupposed, and they did not like to heare of; dreaming of a temporall glorious Messias) or that they were to turne Canniballs and eate mans flesh,) dis_courag'd them from following him, at least from taking him for the Messias. So Gal: 5.11. persecution is called the Scan_dall of the Crosse, or that upon which so many are discourag'd from professing the crucified Saviour, according to that in the parable of the sower, Mat: 13.21. Mark: 4.17. upon the comming of persecution presently he is offended, i.e. gall'd, and falles off, and Mat. 24.10. on the same occasion and in the same sence. So Mat. 26.31. Mark 14.27. this night (to wit of my attachement) Ye shall all be offended because of mee. i.e. fall backe, forsake mee: and so in Saint Peters answer, v. 33. Although all men should be offended, yet will I never be offended: upon which, that which Christ rejoynes (before the Cocke crow; i.e. before morning, or day breake, all one with this night, v. 31. thou shalt deny mee thrice) is an interpretation of the word offended, and shewes, that to be offended, is to deny Christ. And so Joh. 16.1. These things have I spoken unto you, that ye should not be offended; where Christ foretels the perse_cutions that should befall them, that they might be forewarn'd too, and not fall off, when they befall them.

� 9. These are the chief, if not all the places to which the second old Testament acception of the word Scandall in a Metapho_ricall borrowed sense belongs, and of all of them, and each, you may observe, � 10. 1 That Scandall signifies either some sinne, the occasion of farther sinne in others; or else somewhat else, which though it be not sinne, yet occasions sinne in others, though very indirectly sometimes, as the Crosse of Christ: and whether in one or other, the rule will be, that he that is offended or Scandalized, doth directly commit some sinne, and that, for most of the places, the sinne of infidelity, or foresaking or denying Christ.

� 11. 2. That the being Scandaliz'd, falling off from Christ, (or the effect which followes that occasion,) hath no reflection or influence (in any of the places) on that which was the oc_casion; so as to make it sinfull or avoydable, if it were not so before, (as will appeare to any that will survey the places) and consequently that anothers being Scandaliz'd is not sufficient to lay a charge on him, whose action (otherwise not chargeable or criminous) was the occasion of his being scandaliz'd. Let the Crosse of Christ, with which so many were in this sense, scandaliz'd, suffice for a proofe of this.

� 12. Other places there are which must be interpreted by bring_ing the metaphore from the first of the 3 senses, as it signifies a snare or gin to catch one in. So Mat. 16.23. Thou art an offence unto me, i.e. by expressing thy detestation against my sufferings, thou labourest to bring me into an horrour and feare of suffering, and so in effect temptest me to sinne; where you must marke, that though Peter were an offence to Christ, that is, tempted him, laboured to ensnare him, yet Christ was not Scandaliz'd, offended, ensnared, or overcome by the temp_tation. In the same sense is that Revel. 2.14. of Balaam who taught Balaack balein skandalon, we render it to cast a stumbling block; but sure it is most clearely, to lay a snare be_fore the Children of Israell, to intice them by their Daughters to Idolatry, and by Idolatry to intrap and destroy them.

Lud de Dein. In this sence Scandall is so perfectly all one with Temptati_on, that, as a learned man hath observed, the Ethiopick inter_preter of the new Testament, instead of Scandall puts a word that signifies Temptation, and the same that in the Lords pray_er is put for Temptation: twsnm from hsn in this sense is that of the eye and the foot offending us, Mat. 5.29.18.8. Mark: 9.47. i.e. when a mans eye, or any other member of his body proves a snare to him, an inlet to temptations, a meanes of bringing him to any sinne.

� 14. And of those places you must observe againe. 1. That no man is said to be offended, but he that commits the sinne to which he is tempted, and therefore Christ is not said to be offended, that is, really to be wrought upon by that Scandall: but as Satan tempted him, Mat: 4. yet he yeilded not, but overcame the tempter: So here hee uses that other Satan: for to have beene offended in this sence had beene all one with being overcome by a temptation.

� 15. 2&lysup;. That the Agent, or he that is said to lay the snare or to offend, sinneth also (as in all the places it will de facto appeare that they did) though no body be taken in it, as he that temp_teth to evill commits a sinne, though his temptation prove not effectuall. The setting of a snare being a positive act, a note of a treacherous designe, though it do not succeed. And there_fore in 1. Macchab. 1.36. the laying of snares for to intrap the Isrealites, or bring them from observing the Law, is call'd there by the devills name, an evill Adversary, or as the Greeke hath it, a devill to Israell. diabolon tōi Israēl

� 16. A third and last sort of places there are that referre to the third mention'd acception of the word, as it signifies a stum_bling blocke, so when the word stone is joyned with it, or the Greeke word that signifies stumbling, petra skandalou proskomma so Rom. 9.33. Christ is called a stumbling block, and rocke of offence, i.e. an occasi_on of fall, or sinne in many, and consequently of increasing their condemnation, as he saith, if he had not come, &c. they had not had sinne, i.e. had not beene so great sinners, had not beene guilty of the great sinne of unbeleife, and crucifying of Christ: and therefore Simeon prophesies of Christ, that he would be for the fall of many in Israel; many sinnes his com_ming should be the occasion of. So Rom. 14.13. That no man lay a stumbling blocke, or scandall (which we render an occasion of falling) in his brothers way, that is, do or practise any thing, that may bring another that comes after him, upon his nose, or to commit any sinne. So 1 Pet. 2.8. Christ is called a stone of stumbling, and rocke of offence, at which to stumble is to be disobedient to Christ. so Rom 14.21. stumbleth or is offended, or is made weake, i.e. by following thee, doth fall, commits some sinne, doth some act unlawfull for him, (though simply it were not for thee; it being against his Con_science, though not against thine) and so by falling bruises and weakens himselfe, makes himselfe lesse able for Gods service, then he was: for so every sinne against Conscience being a greiving the spirit, is consequently the spirituall weakening of the man, or if you will (as in S&tsup; James asthenein signifies c.5.14) the wound or disease of the soule. So againe, 1 Cor. 8.9. stumbling block to the weake, and v. 13. where the case is clearely the same that we last mentioned: that if any man by doing any indifferent thing (which he in Conscience is inform'd to be perfectly lawfull for him to do) shall occasion another mans sinne by doing that after him which he is not resolv'd to be lawfull, that man offends against that charity due to his brother, and therefore must thinke fit to deny himselfe the use of that liberty which Christ has given him. To this may belong that other place, 1 Jo. 2.10. where that phrase (there is no Scandall in him) seemes to signifie, falls not into those sinnes that ignorant men or uncharitable (who are said in the Antithesis, v. 11. to walke in the darke) are subject unto. One place more there is belonging to this parpose, where though the word Scandall be not used in the Text, yet proskopē, offence, is used, and that I confesse to be all one, and it is 2 Cor. 6.3. giving no offence in any thing; where yet offence is interpreted by Beza, quippiam ad quod possint impingere, any thing that o_thers may stumble at, or be alien'd from the Gospell by; as if we faile in any Christian duty (mentioned v. 4.5.6.) they that see us, would be apt to do: and so that which followes imports also (that the ministry be not blamed) that is, that our Actions be not justly reprehended or found fault with, but in all things approveing our selves. &c.

� 17. And of this third sort of places 'tis observeable againe, 1. that he that is offended, sinnes himselve, stumbles, and falls, and bruises himselfe, and 2. that he that is the occasion of his fall doth not alwayes sinne (for Christ, and grace, and that which should have beene for their wealth, proves to many an occasion of falling) but yet sometimes he doth: as if he purpose_ly in a matter indifferent, when he might have chosen, doth any thing which another whose Conscience is doubtfull, doth after him, and so sinnes; nay if he do not absteine from that indifferent action, when he sees that consequent likely to fol_low; nay if he be not carefull to observe, whether the conse_quent be likely to follow, and if so, to absteine. This third sort of Scandall you see is applyed peculiarly to one kinde of acti_ons, those by the doing of which another coming after, and doing the same, falls into sinne, as when either the example was sinfull, or being indifferent in it selfe is against the other mans conscience, and so being immitated by him, is in him a sinne against conscience and not indifferent. And then

� 18. Another sort of actions there are which may though not so directly, yet not improperly be referr'd to this head, as, when I do any thing in its selfe not unlawfull, yet very apt to be mistaken by other men, for somewhat else which is unlaw_full; and see it strongly probable, that those which will be apt so to mistake, will be as apt also by occasion of this action of mine, to commit that other sinne which they conceive me to have committed, or to confirme and harden themselves in that sinne thorow that mistaken example of mine, which they might otherwise probably have reformed, if they had not re_ceived incouragement by this action of mine; And if questi_on be made, what is to be thought of this, I answere, that al_though I am not sure that that place of Scripture in our Eng_lish Bibles which commands [to absteine from all appearance of evill, 1 Thess. 5.22.] doth come home to this purpose, (because apo pantos eidous which we render [from all appeareance] may beare ano_ther sence, and signifie no more then from every kind or sort of evill, for so both the Greeke eidos, and latine species import; and with all, appearance of evill is so uncertaine, and inconstant a thing, that to abstaine from it universius cannot be the matter of any possible command. And againe, though I dare not from that other pr�cept of hosa euphēma whatsoever is of good report Phil. 4.8 conclude it unlawfull to do any thing which hath the ill lucke to be of ill report i.e. to be mistaken for a sinne (because 1 there is no prohibition in that place interdicting the doing of every thing which is of ill report, 2. no analogy of other Christian rules to inferre such prohibition, it being rather the fate of all Christian virtues to be evill spoken of, and the receiving the praise of men, being branded by Christ as unreconcileable with beleeving, 3 because some actions of Christ were of ill report, particularly that of eating and drink_ing with publicans and sinners, (which rendred him suspected for a glutton) and that of casting out of Devills (which was defamed for sorcery or compact with Beelzebub,) 4 because that which is of ill report with one, may be of good report with a thousand others, and there the judgement of that one will not be considerable against those thousand to defame an inno_cent laudable action) yet still I conceive that the great obli_gation to philanthrōpia and philopsychia, loving of all men, and de_sireing the good of their soules, which lies upon all Christians (by force of Christs example, and legacy, and precept of cha_rity) will extent so farre, as to have the force of precept that every man absteine from such purely indifferent actions (being so in themselves, and then by the Magistrate uncommanded) which he foresees will be thus mistaken for unlawfull by those who are likely to be moved by his example to commit those sinnes which they conceive him to have committed; this being an inseparable attendant of my charity to my brothers soule, to use all lawfull meanes which my conscience tells me will be to his ghostly health, or preservation.

� 19. Meane while some difference may be observed in things indifferent, some being commendable, though not commanded; of use, though not of necessity; and such as extra causam scan_dali I should on pious considerations be moved to choose, or practice: and in this case, if it be demanded whether that sole feare of scandall ought to restraine me from that which all other motives rather incline me to, and so make me ab_steine; or whether I should rather claime the priviledge of my Christian liberty, and that make me not to absteine. I answer that a middle course may yet be better then either extreme crudely taken: that is, that I ought to do my best to free this laudable indifferent action of mine from the evill colour that it is capable of, by rectifying his judgement whom I discerne to be mistaken in it, and by declaring (either expresly, or by some significative character of my intentions fastened to my action) the clearenesse and innocency of my purposes to any other that may be so mistaken; and by so doing if I cannot free my selfe from this uncharitable censure, yet I shall be sure to keepe him from any danger of following me to that sinne; for sure my very disclaimeing of that sinne which he suspects me guilty of, will divest that sinne of all authority which it may receive from my committing it, and not invite, but rather deterre and fortifie others from falling into that sinne, which they see disavowed and disliked by me. For if my authority be of any force with them, it will perswade them to absteine from that which I disclaime, and professe my selfe to hate (who certainely know my owne minde best) rather then to do, what they only conceive I do, but I professe I do not. And therefore the case being thus set of the commendable usefull indifferent, not of the meere frivolous unconsiderable, when the use and gaine of my action to me is certaine, and the dan_ger of being mistaken by others at most but possible, and that also preventable by these other meanes, neither piety nor prudence will advise to absteine from that healthfull food, which if it be by accident unhealthfull to others, hath yet an antidote administred with it. Which will be yet farther heightned also, if this laudable indifferent fall out to be such as the examples of holy men in scripture, or the practise of the Church in purer times have given countenance to, especially if the perpetuall current of antiquity have commended it to us: for certainely these will be of great authority with all prudent pious men, and the more early and Catholique that practice, the greater that authority.

� 20. 'Tis true, very strict rules in many particulars the Judaicall law of the old Testament did prescribe, forbidding many in_different things, on this only ground, because the using them might seem a complyance with the heathen customes of Ido_laters. Such was that prohibition Ex. 34.26. thou shalt not seeth a kid in the mothers milk, in the sacrifice of the in-ga_thering; given no doubt in opposition to the Gentile practice of those which at the time of gathering in their fruits, solemn_ly used this custome of seething a kid in the dammes milk, and then in a Magicall way, sprinkled their trees and fields, & gar_dens with it to make them fructifie the next yeare, as Abrabe_nel, and others out of Jewish Writers have observed. Such was also the prohibition, Lev. 19.27. against rounding the corners of their heads, in reference to the hypotrochala keiresthai, or, perixyrein tous krotaphous the round cut used by the Arabians saith Hero_dotus Thal. c. 8., and thereupon forbidden the Jewes, and a woe pro_nounced Jerem. 9.26. epi panta perikeiromenon, &c. on every one that was so cut round, Si adjuverit tonsorem, saith Maimonides De Idol. c. 12., if he directed, or willingly permitted the Barber to put him into that heathenish guise: And many others in the Old Testament of the like nature, and the following Rabbins have added ma_ny more directions, if not percepts of the same nature. That one booke of Maimonides concerning Idolatry will furnish the Reader with store of examples: but some such as do not so well become the gravity of that author; as that, c. 3. If the Jew hath a thorne in his foot, when he is neer an Idoll, he must not stoope to take it out. c. 7. If a tree have been worshipt, or an Idoll set in it, it is not lawfull to sit in the shade of the trunke or body of that tree, though of the boughes or leaves it be lawfull; if there be any other way it is not lawfull to passe under it; if none, then he must run by it. Dionysius Vossius in his notes on that author hath added some parallel passages out of other Jewish writers as that of R. Menasse who being shewed an Idoll, did in contempt cast stones at it, which action of his, because the image was the image of Mercury (who was wont to be worshipt by the Heathens after that manner, by throwing stones at, or scatter_ing stones before him, to which custome or ceremony the Mercuriall Statues referre, saith Phornutus peri theōn) was therefore noted, accused, brought before the Judge, and by him pronounced to be unlawfull, because it was the proper wor_ship of that Idoll, though used in despight, not civillity by that man. So againe if there be but one way to an Idolatrous City, it is unlawfull to go that way, Aboda Zara c. 1. �.4. and so, saith he, the Hebrews in Rabot mention a tradition, that the reason why Mordochai would not bow to Haman, was, because there was woven in his garment the image of a false God.

� 21. Some instances also might perhaps be brought out of the practice of the ancient Christian Church (mentioned by Ter_tullian de Cor. mil:) to this purpose of absteining from things indifferent, for feare of any appearing complyance with the Heathens. Of which yet it must be observed 1 that this was in things of no manner of spirituall use or profit, neither com_mendable, nor advantageous, in things of ancient Christian prescription, or practise of purer times. 2 that it was in mat_ters of such a quality, as that complyance would have seemed a dissembling or renouncing of the Christian faith, (and not of imitating of former purer Christians) and so contrary to that great Christian duty of confessing Christ be_fore men, which they could not be said to do, who when that confession was persecuted, did thus comply with or not professe open dislike of the actions of those persecutors. And so those instances will not be so proper to the matter of Scandall, as to that other head of Christian duty, the necessity of confessing of Christ before men, (those especially who are the greatest oppugners of him, to which matter also those other Judaicall instances do belong) unlesse that non-confessing of Christ, may by the example scandalize also. 3 That the same men thought it not a_misse, or unlawfull at other times to comply with other as great enemies of Christianity as the Gentiles, namely with the Jewes in observation of some of their out-dated ceremo_nies, nay thought themselves obliged so to do, when in pru_dence they conceived it more likely to gaine those enemies by that meanes, then to confirme them in their dislikes of Christi_anity, or drive others to those dislikes. 4. That even with the Heathen themselves they could in other things think fit to comply also, when prudence dictated that complyance as more instrumentall to Christian policy; and from these premises: 5 that this whole matter is to be referred to the Christians pious discretion or prudence, it being free to him either to absteine or not to absteine from any indifferent action (remaining such) according as that piety, and that prudence shall repre_sent it to be most charitable and beneficiall to other mens soules; and he that shall not thus regulate his actions by what he is convinced will be thus most conducing to that grand Chri_stian end, the saving or not destroying, or not suffering sinne upon his brother, shall not by me be excused from the guilt and blame of having Scandaliz'd his brother in this last new Te_stament sence, at lest in some other which is not farre distant from it; though after all this it must be observed, that he which thus is betrayed to, or confirmed in any sinne by conceiving me to have committed it, when I have not, (this easie prosti_tute seducible sinner who will thus sinne upon any, upon no occasion) is not Saint Pauls weake i.e., doubtfull-conscienc'd Christian of whom he takes such care that he should not be scandaliz'd.

� 22.

For such is he only, that for want of knowledge of his just Christian liberty, thinkes it unlawfull to do those things, which being indifferent in themselves, are only unlawfull to him, which beleeves them so, or is not satisfied that they are lawfull; This weaknesse in faith, (a kind of disease of the minde, and so in the new Testament phrase astheneia) being on_ly want of knowledge or of orthodox instruction, as will ap_peare by comparing Rom. 14. with 1 Cor. 8. where the asthenōn tēi pistei in one, is all one with the ouk en pasin hē gnōsis in the other, weakenesse in faith, with want of knowledge.

� 23. The only matter of question or difficulty behinde in this particular will be, why those who are in such Judaicall errors are sometimes appointed by Saint Paul to be so tenderly han_dled, not to be vilified, or set at naught Rom. 14.3. but care taken that they be not scandaliz'd in the end of that chapt: and 1 Cor. 8. and yet in the Epistle to the Galathians, they are by the Apostle reviled [O foolish &c.] c.3.1. and chid and re_proached out of their Judaicall performances, and no care ta_ken of not scandalizing them. The answering of this will re_quire us to consider the different estate of those Galathians from those Romans. The Galathians had beene formerly Gen_tiles, and (though as it seemes not improbable from Gal. 4.9. formerly converted to Judaisme, yet) by Saint Paul thorough_ly converted from thence and baptized into Christianity, as that is opposite both to Judaisme and Gentilisme also, i.e. ful_ly instructed by him in the nature of Christian doctrine, and liberty, and had given up their hearts as well as names unto it, only after they had beene begotten by Saint Paul in the Gos_pell, had begun in the spirit, Gal. 3.3. had come to an absolute abrenunciation of all their former Jewish perswasions, and to some good progresse in Christianity, some false Judaizing teachers began to corrupt and poyson them, Gal: 3.1. and 5.7. and to bring them backe againe to that yoke, that they had beene taught to cast off; and these taires the Apostle could hope by reprehensions and sharpenesse to root out without endangering the wheate, and therefore sets severely and hear_tily to it, thinkes not fit either in civility or charity to use a_ny complyances, or condescendings, or softer medicines, (knowing their errors to be contrary to the doctrine, to which they had beene baptized, and consequently that they might in reason give place unto it, and there was no feare that the rooting out of thee would root out Christianity with them, as it might probably do, if they had beene sowen or planted together) but imployes all his vehemence and bowells of kindenesse toward them, in conjuring out that evill spirit that had so lately got possession of them, and doubts not but Chri_stianity that was earlier planted in them, (and that by him who had begotten them in the Gospell, and so had a paternall authority with them) then these vaine legall dreames, that some false teachers had lately instilled into them, might be a_ble to survive them also. And in this case being to deale with adversaries and false teachers, not with weakelings but cor_rupters, had the Apostle used any compliance, had he circumcised Titus Gal. 2.3. (as at another time he did Timothy) had he then given place but for an houre v: 5. suspended the use of his liberty then, when liberty was decryed, this had beene scandalous in the Apostle, this had probably beene the con_firming of the erroneous, the incouraging of the adversary, the misleading the doubtfull, shaking the faithfull, and disturb_ing what he had before settled among them.

� 24. Whereas on the other side the Romans at their first con_version to Christianity had not all of them beene taught to put off the opinion of the necessity of legall abstinences tē tou nomou katēchomenoi syneidēsei kai meta tēn pistin, saith Saint Chrysostome in proœm. ad ep. ad Rom. but continued their obligation to the law after receiving of the faith, being some of them (as may appeare by the matter of Saint Pauls discourse to them, in the former part especially of that Epistle) naturall Jewes, disper_sed thither; who could not be easily brought to assent to such doctrine, but would probably have refused to embrace Christianity, if it had beene offered to them on such hard con_ditions, some others of them (who were Gentiles by birth) being perhaps proselytes to Moses and Christ together, parta_kers of the infelicity of those who are mentioned, Act: 15.5. that by the doctrine of the Pharisee Christians (or beleevers of the sect of the Pharises) had their entrance on the faith, a necessity of receiving Judaisme also prest upon them. This Saint Paul testifies clearely of Saint Peter Gal. 2.14. that he constrained the Gentiles to Judaize, to receive the Mosaicall as well as Christian law, and himselfe durst not converse or eate with the Gentiles whilst any Jewish Christians were by, v. 12. by which whether doctrine or complyance of Saint Peter, it was no strange thing if it came to passe, that those which were by him converted to the faith, (as Eusebius and other Ecclesiasticke historians agree that the Romans were, vid Eccl. hist. l: 2.c.: 14. and 15.) although they were Christian in the positive part, acknowledging so much as was answerable to the now-articles of the Creed. &c: yet being not so in the negative, concerning the evacuating of the Judaicall law (but ra_ther perswaded of the contrary) could no more eat swines flesh, then a meere Jew could do, and therefore 'tis Saint Chryso_stome's opinion that these being so wedded to those Judaicall observances, rather then they would eate forbidden flesh, would in universum eate no flesh at all hōste mē ginesthai euphōratoi, tōn choireiōn apechomenoi monōn, pantōn hexēs apeichonto tōn kreōn, and so came to eate nothing but Herbes Rom: 14.2.

� 25. Of these therefore that were thus weake in faith, v. 1. that is either infirme, feeble, uninstructed Christians, babes not men; or else (as the fathers enlarge the sence, and as weaknesse astheneia mostly imports in the new Testament) sick and diseased in mind, brought up in this Judaicall error, the Apostle Ro. 14. gives these directions. 1. That the stronger healthfuller, i.e. more knowing and more Orthodox Christians should proslambanesthai (the vulgar read assumere) take them to them, first freindly to afford them communion, and not seperate from them for this errour, 2&lysup;. labour to cure their malady, get them out of their errour, and not leave them in the pride and folly of their owne hearts, to judge and censure those who have done nothing amisse, but rather desire their good (which Saint Chrysostome understands by proslambanesthai mē eis diakriseis dialogismōn, and so Saint Jerome also, intending it thus, Nolite secundum vestras cogitationes, qu� rex non judicat judicare, alius enim credit &c.) and from that verse observes, that though the Apostle exhorts the strong, yet he covertly reprehends, and on their backs as it were whips, the weak or erro_neous Judaizers, first in saying they are sicke, 2 in bidding proslambanesthe autous which is an evidence saith he, eschatēs arrhōstias that they are in very ill case, and 3 in mentioning diakriseis which notes (saith he) that they judge and censure those that least deserve it, and that are willing to communicate with them, and labour the curing of them; and indeed that these weake ones did so judge the strong is plaine v. 3. where the exhortation is distinct, let not him that eateth not, judge him that eateth.) 2&lysup;. That the knowing againe should not vilifie or set at naught the weaker [mē exoutheneitō v. 3.] not call him Racha, empty sencelesse fellow, not reproach or scoff at his scrupulous conscience, but in charity suppose it to proceed from want of knowledge only, and consequently to have the excuse and benefit of that Gospell antidote, weakenesse or igno_rance to plead for it, 3&lysup;. That the stronger Christians (which although they have liberty, yet are not obliged alway to make use of it) absteine from those lawfull enjoyments which those weake ones, which count them unlawfull, may yet by their example be embolden'd against Conscience to venture on.

� 26. But then on the other side, the weake or sicke erroneous Christian, that cannot with a good Conscience use that liberty himselfe, is commanded. 1 Mē krinein that he do not judge or censure the strong, upon 2 reasons: 1 because ho theos auton proselabeto v. 3 God hath by calling him to the faith, assumed or received the strong (as that strong had beene exhorted to do the weake v. 1.) eis philian to freindship or communion first, (as proslambanesthai is used Philem. 12.) then to helpe and cure him of his former defect or disease, and bring him to his perfect health and growth in Christianity: and 2&lysup;. because he is Gods servant and domesticke, and stands and falls to his owne Master v: 4. 2&lysup;. That he be sure never to do any thing against Con_science, or which he is not fully perswaded in minde, that it is lawfull for him.

� 27. Having thus seene the state of those Romans, it will be superfluous to add much about the Corinthians in the almost parallell place 1 Cor. 8. This only difference will be worth noting betweene them, that (as there were two sorts of proselytes among the Jewes, one of Justice, or of those that un_dertooke the observation of the whole Iudaicall law; the other of the Gates, those that received only the precepts of the sons of Noah, of which the absteining from things offered to Idols was one, and as when the difference was betwixt the brethren, Act. 15. whether the Gentile-converts should be circumcised v: 1. i.e. be admitted proselytes of Justice, or only receive the 7 precepts of Noah, absteine from things offered to Idols &c. v:19. it was determin'd in the Counsell of the Apostles, that it should suffice, if they were proselytes of the gates, and there_fore they tell them that if they thus be entred, absteine from things offered to Idolls, &c. they shall do well, so) the Romans being either Iewes, or under the first head of Jewish proselytes, in Saint Chrysostomes opinion, and so thinking themselves bound to all legall Mosaicall abstinences, the Corinthians were only under the second, and so by their principles, which they had received of those, who converted, baptised, and begot them in the faith, (and that according to the result of that A_postolick consultation Act. 15.) did continue to thinke it un_lawfull to eate any thing offered to Idolls, or that came from an Idoll feast (which yet by the way Saint Paul resolves was but an errour in them, 1 Cor. 8.4. and by that judgement of his you see the unobligeingnesse of that interdict, Act. 15) and therefore (in like manner, as before) those, that were bet_ter instructed then they, ought to have that charity to them, as not to do any thing in their presence which might by the example draw them to venture on that which was against their conscience, especially considering, that they had not knowledge or understanding enough to judge how nothing an Idoll was v:7.

� 28. Having thus compared the Romans and Corinthians with the Galathians, and given some account of the reason of their different usage, it will not be amisse to add what Saint Chryso_stom observes to be the cause of the like difference in Saint Pauls behaviour to the Colossians from that fore-mentioned to the Romans. It is a speciall passage in his proœme to the E_pistles. Where having mentioned the order wherein the E_pistles were written, different from the order of setting them in our bookes, concludes that this was no unprofitable disquisition, for thereby many passages in the bookes would be interpreted: As, that Rom. 14. he condescends to the weake bre_thren, but not so Col: 2. which saith he was for no other reason, but because, that to the Romans was written before the other, and therefore as Phisitians and Masters deale not so sharpely with Scholers or patients at first as afterwards, so the Apo_stle in the beginning synkatabainei Ioudaizousi, meta de tauta ouk eti, adding that he was not so familiar with the Romans as yet, having never beene amongst them at the time of writing that Epistle to them, as appeareth Rom. 1.15.

� 29. By all this 'tis cleare indeed, that those which are thus weake (either in the notion of babes or sick men) so that they are not able to discerne lawfull from unlawfull (as the Idoll to be nothing 1 Cor: 8.7.) meerely for want of sufficient in_struction, or somewhat proportionable to that principles of understanding, or the like; but especially if they received those errors or mistakes together with their Christianity from the Apostle or from the Church which gave them baptisme, they must then, 1 in meekenesse be instructed, and cured of their ill habit of soule: 2 not be vilified or reproacht: yea thirdly be so charitably considered, that till they have received satisfaction of conscience and reformation of errour, we are not to do any thing in their presence, that may by the example bring them to do what their conscience is not perswaded to be lawfull, or if we do, we are said to scandalize a weaker brother, i.e. an erroneous Christian. But then withall 'tis as cleare: 1 That those who have first received the true doctrine, and are for some good time rooted in it, that are otherwise taught by the Church that gave them baptisme, are not within the compasse of this the Apostles care, but, (as the Galathians) to be re_prehended, chid, and shamed out of their childish errours, these diseases of soule that their owne itching eares have brought upon them: 2 That they that have knowledge in other things, nay are able to distinguish as critically as any, even to divide a person from himselfe, and obey one when they assault the o_ther, (and by their subtlety in other matters demonstrate their blindnesse in this one to be the effect of malice, of passion, of lusts, of carnality, and not of any blamelesse infirmity or im_potence,) are againe excluded from the Apostles care: and so thirdly that they that are come to these errours by the infusi_ons of false teachers, which not the providence of God but their owne choice hath helpt them to, preferring every new poyson before the ancient dayly food of soules, have no right to that care or providence of the Apostle, any farther then every kinde of sinner hath right to every thing in every fellow_Christians power which may prevent or cure his malady, i.e. by the generall large rule of charity, and not the closer particular law of Scandall. Nay fourthly, that the case may be such, and the adversaries of Christian liberty, the opposers of the use of lawfull ceremonies so contrary to weake blamelesse mi_stakers, that it may be duty not to allow them the least tempo_rary complyance, but then to expresse most zeale in retaining our lawfull indifferent observances, to vindicate our liberty from enslavers, when the truth of Christ would be disclaimed by a cowardly condiscending, the adversaries of our faith con_firmed and heightened, and the true weakling seduced, (a copy of which we read in Saint Peters apostolē, Gal. 2.12. and Barnabas and the Jewish converts being carryed away with it v. 13. falling by his example into the same fault of dissimula_tion, pusillanimity, non-profession of the truth) which is a most proper kind of scandall, as frequent, and incident, as any, and so being as dangerous, as fit also to be prevented. To which I might add a fifth proposition also, That the Apostles speech of scandall Rom. 14. and 1 Cor. 8. hath beene thought by holy men among the ancients to have much of civility in it, at the most to be but an act of Apostolicall care for those weak ones, (proportionable to those which in other places he pre_scribes for every other kind of sinner) both which are farre enough from being able to inferre any claime or challenge of those weake for themselves, any farther then what the first part of it amounts to, that of instruction; or at least the second, that of not being vilifyed, as the sicke hath right to the Phy_sitian, to cure him and not to reproach him, civilly to get him out of his malady, i.e. to rectifie not to scoffe at his mistake. For, that he should challenge any right to the third part of that care, that he should restrain me fr� the use of my lawfull liber_ty, because else he will sin against his own conscience, do after me what he resolves unlawfull to do, supposes a willfull sinne of his to be to him a foundation of dominion over me, & so that every man that will thus damne himselfe, doth for that merit and acquire command over me, which if it be supposed, is sure as wilde an extravagant irregular way to power, as that of its being founded in gratia, or any that these worst dayes experi_ence hath taught us.

� 30. Having thus farre expatiated on this last kinde of scandall, and taken in that which is proper to it, and also that which is more distant from it, I shall now resolve it necessary to add yet one thing more, instrumentall to the understanding of this kinde of Scandall in the stricter notion of it, by way of far_ther caution and restraint, and 'tis this, that

� 31. This being offended, stumbling and falling in this third and last sence, is not to be extended to all kinds of sinnes, which a man may commit upon occasion of another mans indifferent action; but only to that one kinde, that consists in doing that af_ter him, either doubting or against Conscience, which he did with an instructed Conscience; or at most to this other kind al_so, of doing some unlawfull thing which anothers lawfull acti_on was yet by mistake conceived to give authority to; and which that man probably would not have done, had not that mistaken example thus emboldened him. For if all sinnes that by any accident might be occasioned by my indifferent Action, should come under the nature of being offended or scandaliz'd, consequently I must be interdicted all indifferent actions at all times, because at all times each of them may occasion (by some accident) some sinne in another: and 'twill be impossible for me to foresee or comprehend all such accidents that may occa_sion such sinnes. An action of mine may by accident produce a contrary effect; my fasting from flesh, may move another (that dislikes me) by way of opposition to me, to eate flesh, though in Conscience he be perswaded he ought not; as in phi_losophy there is a thing call'd Antiperistasis (by which exces_sive cold produces heat) and �quivocall generations, as when living creatures are begotten of dust and slime: and for such acidentall, perhaps contrary productions, no law makes provision, no care is effectuall; only for those effects, that per se, of their owne accord are likely to follow (as transcribing a Copy is a proper consequent only to the writing of it) these the law of the Apostle belongs to, and to them our care and spirituall prudence must be joyned, so that we do nothing, though to us never so lawfull, which we have reason to feare, that another who thinkes it unlawfull, may yet, without satisfying his Conscience, be likely to do after us, or on occasion of which he may probably do something else, which other_wise he would not venture to do.

� 32. Having thus farre dealt in the retaile and gone over all the kinds of scandall single, we may now ascend to the considera_tion of all in grosse, and then also these Corollaries will be found true, that from all kinds of Scandall it is cleare. 1, That no man is offended or scandaliz'd, but he that falls into some sinne, and therefore to say I am scandalized, in the Scripture sense is to confesse I have done that which I ought not to have done: and then my onely remedy must be repentance and a_mendment.

� 33. 2. That to be angry, grieved, troubled at any action of another, is not [to be offended] in the Scripture sense, nor consequently doth it follow, that I have done amisse in doing that which an_other man is angry at, unlesse my action be in it selfe Evill. For if it be not, then 1 he is angry without cause, and that is his fault, not mine; yea and krinei adelphon, he judges or cen_sures his brother that hath done no hurt, which the weake is forbid to do. Rom. 14.3. And secondly, he is of all men most unlikely to do after me, which he is angry at me for doing, and therefore I have least reason to feare, or possi_bility to foresee, that he will be Scandaliz'd in the Scripture phrase: which feare or foresight were the only just motive to me to absteine from any justifiable indifferent action.

� 34. The occasion of the mistake (or in the Philosophers stile the aition tou pseudous) the reason that men think it a fault to do any indifferent thing that another is angry or displeased at, is first the equivocallnesse of the English phrase to be offended for that in English signifies to be displeased: but in Greeke (the language wherein the new Testament is written) it sig_nifies no such matter, unlesse by accident, when being displeas_ed with Christ, makes a man deny him and forsake him: but then also 'tis not the being displeased, but the forsaking or denying him that is meant by being offended, that is Scandaliz'd.

� 35. Or Secondly the use of a word that sounds like this in that notable chapter concerning Scandall Rom. 14. for there indeed v: 15. this phrase is used, [if with thy meate i.e. with thy eating, thy brother is greived, or made sorry.] Where yet 1. I hope 'twill be much more just that that one single word should receive its importance from the whole context, then the whole context from that one word. The whole context from the 13. to the last verse belongs to the 3 sort of Scandall when a weak brother seeing me eate what is lawfull for me, because my Conscience is instructed, followes me, and eates too, though it be with a doubting or resisting Conscience, and so falls into sinne; as appeareth v. 14. to him that thinketh a thing uncleane or unlawfull, to him it is so, and therefore if he shall do it, he sinnes by so doing, and v. 23. he that doubteth is damned if he eate, and therefore in all probability that must be the meaning of the 10 verse also. [Is greived] i.e. wounded, or falls into sinne.] explained by 3 words v. 21. stumbling being offended, and being weake or sicke. And so it may easily be resolv'd to signifie. For secondly lype, greife, may be taken for the cause of greife, a disease, or wound, or fall &c. as feare in Scripture signifies danger, which is the cause of feare, ac_cording to a vulgar Hebraisme ordinary in the new Testament, where for want of the conjugation hiphil, which in Hebrew signifies [to make to do any thing] the Greeke is faine to use the active to do. An observation which Hugo Grotius makes use of to explaine that Phrase (I shall not enquire how truly) Mat. 19.9. and resolves that there moichatai [committeth a_dultery] must signifie [maketh her from whom he divorceth to commit adultery] parallell to what we read, Mat. 5.23. So also penthein, to bewaile 2 Cor. 12.21. signifies to punish, to use sharpenesse, which will cause greife, or wayling in them that suffer it. The word is very neare this other of which now we speake, and therefore Hesychius (the best glossary for the new Testament,) renders penthos both by symphora calamity, and lype greife: i.e. greife and the cause of greife; which is also very bservable in the use of this very word lype or lypein in the Septuagint; the word tonod which signifies infirme, or weak, or sicke, being rendred lypeisthai Lam. 1.22. hē kardia mou lypeitai, where we render my heart is faint, and so Is. 1.15. pasa kardia eis lypēn, the whole heart is faint, by faintnesse meaning sicknesse: which is the cause of greife; and therefore the same Hebrew word, is in other places rendred odynē, affliction, or pain, and nosos Disease Deut. 7.15. agreeable to the 21 verse of that Ro. 14. where stumbling or being offended is explained by being made weake, which phrase is not to be taken in the sense that weakenesse is used in, v: 1,2. that of infirmity or errour (for such he is, before stumbling) but in this other as weakenesse and disease, i.e. sinne, are all one. So also another Hebrew word rkh' which signifies perdition, and destruction, and is frequently rendred by apōleia, is once interpreted lypē Prov: 31.6. hoi en lypais, for which our English read ready to perish; very agreeable to which doth Saint Paul here interpret, greiv_ing the brother by destroying him. i.e. bringing him into some snare or sinne; the notion of Scandall, which all this while we speake of. From all which observations, and analogies it will be no rashnesse to conclude, that lypeitai, being greived, in that place, is perfectly synonymous with asthenei (which we there render is make weake, and in divers places of the new Testa_ment signifies koinōs disease, or sickenesse, and is so rendred by us, James 5.14. athenei tis is any man sicke) and with apoleitai o adenōn 1 Cor. 8.11. in the same matter, thy brother is weake, and dyeth, or perisheth through weakenesse, and with the like phrase in this chapter also, in the end of verse 15. All which clearely denotate the disease or perishing of the soule i.e. sinne, which will destroy, if repentance and mercy intervene not.

� 36. The 3 (which is indeed the maine) occasion of the mistake, is an ordinary but an unjustifiable humour of men, to accuse and condemne all whom they do not like i.e. a desire to lay some crime to the charge of them, with whom they are angry, if it be but se defendendo, that they may not be said to be angry without a cause, and when they cannot finde any such reall crime, then they fly to the case of Scandall, and mistaking that for offending, or displeasing, or occasioning anger and dislike, their being angry with them, must make them with whom they are angry, criminous; which what a circle it is, first to be angry without a cause, and then to make that a cause of anger, (i.e. a sinne in the other) because I am angry, I conceive will not be hard for any to understand.

� 37. I will only adde, that if another mans displeasure or anger at my indifferent action, should make that my indifferent action a sinne against him, then any mans sinne of uncharitablenesse a_gainst me must make me to be uncharitable, for so I should be, if I sinned against him in scandalizing him: but if I were not so before, his sinne (being utterly accidentall and extrinsecall to me) shall not, I hope, make me to be so now.

� 38. To all which I shall here insert this appendage, that even for proper-scripture-scandalls, the criminousnesse of them is not to be measured by the event, but by the naturall scanda_lousnesse, or aptnesse to give Scandalls inherent in them; for I conceive God passes Judgement upon sinners by intuition, not by prevision, by seeing what the sinne is in it selfe, and in the aggravating circumstances that are inseperable from it (as that it is apt to give scandalls &c.) not by the casuall conse_quents that may possibly either follow or not follow. And I conceive, that that opinion of the Papists (on which they lay part of the foundation of their Purgatory) that men may after their Deaths sinne, and have more acts of sinne lying on them, (by reason of other men sinning by the scandall which they gave in their lifes) then they had at their Death, and so require in just recompence, some punishments increaseable above what they could be adjudg'd to at their death, is but a phansy or Schoole-notion, that hath some shew of truth, but little sub_stance, seeing God punisheth every man by the verdict of his owne Conscience; and therefore that other sinne, which my sinne is apt to produce in another, will be by way of aggrava_tion, layed to my charge by God, that sees my heart, and the inherent scandalousnesse of that action of mine, (though that other man by the grace of God do resist the Temptation which my Scandall gave him,) as much as if he had not resisted it, and so as his not sinning shall not excuse and lessen my fault which was apt to have brought him to sinne; so in like manner, if he do not resist the temptation, or if by occasion of it, he fall by accident (i.e. by the motion of some other part of his temper) into some other sinne, to wit that of causlesse anger (which no action of another can be said apt to produce; for if it might, the anger would cease to be causlesse) this accidentall fall of his shall not adde to the sinnefulnesse of my act, any more then his former not sinning did detract from it, nor consequently make it sinfull, if of it selfe it were not so.

� 39. You will best judge of this truth by an example. That He_liodor a Bishop committed a fault, first in writing, then in set_ting forth an amorous light fiction or Romance, and then im_proving that fault by choosing rather to loose his Bishopricke then to subscribe the condemnation of his worke, is and may be reasonably acknowledged; That some men also by reading that Author have since beene transported to the com_mission of some sinnes, may not improbably be imagined; but having granted all this (and withall that the aptnesse to give such Scandall, was matter of aggravation to his sinne) let me now suppose, that immediately after his death that booke had beene burnt (as before his death it was condemn'd) when he was no longer able to preserve it, would the Councells con_demning and committing that execution upon that worke, a_ny whit have mitigated his Sentence in Heaven? to affirme that, were to suppose Purgatory, or somewhat like it, or else that God by his foresight of that act of the Councell should have allowed him that mitigation at the day of his particular judge_ment, i.e. imputed the casuall future actions of others to the present acquitting of him; and then, besides the many incon_veniences that might attend such concessions, it must also fol_low, that every reprinting of that booke since that time, hath beene a damnable sinne (not only of giving Scandall to such as have beene since infected by it, but especially) of uncharitable_nesse to that poore dead Bishop, in increasing his Torments, or making them capable of increase ever since, by giving him a capacity of corrupting more readers; which humanity and charity, and our great obligations to the nature of which we partake, would not permit any good Christian to do willingly; and besides though our prayers may not be allowed to be able to fetch soules out of Purgatory, yet such a not reprinting of his booke might do somewhat like it, prevent the enlargement of his paines, though not make expiation for him. So againe when those obscene pictures that historians mention (as I re_member in Tiberius his time) after the Authors death were burnt, and not permitted liberty to corrupt the eyes of poste_rity, but Aretynes have had the lucke to do it, it would by that Schoole reason follow, that Aretyne though in the worke and the designe but equall sinner, were yet by this mishap of not perishing, become farre more criminously guilty, then that other Author; which sure to affirme were a very irrati_onall nicety.

� 40. 3. A third Corollary, from the veiw of all the places to_gether will be this, that to give Scandall is then most criminous, when it signifies by my example to bring another man to a sinne, especially if this scandalous action of mine be of it selfe a sinne, abstracted from the sinne adherent of Scandall; and then let any indifferent man judge in what degree may those be truly said to scandalize or offend others, (or indeed how they can be excused from that crime) who by being angry with me with_out a cause, and so committing that sinne against Christs law, Mat. 5.22. do also by so doing not only provoke and tempt me to anger back againe, which is a sinne in me, if I yeild to it, and that more then accidentally caused by them that provoke me, Eph. 5.4. but give other men, who have a good opin_ion of their Judgement and sanctity, a plaine paterne of that sin of uncharitablenesse to transcribe and copy out, I mean, to sinne also by causlesse anger.

� 41. 4. That the great sinne of Scandall in the use of things indif_ferent, that Saint Paul so speakes of, and resolves against, Rom. 14. is the sinne of uncharitablenesse, or pride in despising and not condescending to the weake brother; meaning by the weake bro_ther not every one that may fall into any sinne (for so every one living will come under that title) but particularly him that is asthenēs tēi pistei, weake and ignorant, and unsettled in the faith; as it is opposed to the strong, i.e. the knowing Christian.

� 42. And then let any judge whether this can belong to them who professe themselves leaders of others, and would be unwilling to be counted ignorant, and particularly who in the points wherein they professe themselves to be offended, are so knowingly resolv'd, that they will never be induced to do that after me which they affirme themselves scandalized at: which you may discerne, because they are angry and inveigh against me for doing of it, and do not so much as pretend that they are by my example enclined to do what I do, and so scandalized; but only angry at me, or my Action, and so offended.

� 43. Meane while I cannot but confesse that any mans willfull sinne, though it cannot be called weakenesse in our vulgar no_tion; yet in the other notion of weakenesse, for disease of soule, it may well passe; and deserve to be the object of my charity and compassion, as much or more then weakenesse is: and there_fore the uncharitablenesse of my brother or his causles anger a_gainst me being such, I conceive myselfe bound to use any law_full meanes which I can hope may be able to prevent any such sinne in him, or to get or recover him out of it; especially if that sinne of his may become probably over and above his un_charitablenesse, a meanes to stoppe or hinder him in his course of reformation, or farther growth in piety; as probably it will be, if I against whom he is thus unjustly wrath, he is lawfull Pa_stor; for then that causlesse anger or rage of his against me may, through his farther default, occasion in him some vow or re_solution, never to heare me, never to be moved or perswaded by me in any thing, that out of the Pulpit or in private reason_ing or exhortation, I shall (never so convincingly) propose unto him.

� 44. In this case it may be demanded whether I ought in charity to absteine from this indifferent action, which I foresee will be the matter, though not the cause of all this sinne in him, of uncharitablenesse and non-proficiency in his Christian course, and whether if I do not so absteine, this be not to scandalize my brother? To which I breifly answer, 1 That this anger or uncharitablenesse of his, is not the being scandaliz'd in the scripture sence, nor consequently in that respect my Action a Scandall, though it be the matter of the anger, or that which he is angry with.

� 45. Secondly, 'Tis true indeed that his revolving against my preaching, is in him to be Scandaliz'd, i.e. to fall and be stopt in the service of God: but this only in a generall sense; as eve_ry other such hard-hearted obdurate resisting of Gods grace is, or may be called also: and that which occasions this being Scandaliz'd, is not my indifferent action, but his anger or un_charitable conceit of me for it, unlesse �quivocally, or remote_ly, as my action is the object of that anger, which anger is the Author of that profane resolution.

� 46. Yet Thirdly, if I might foresee that my indifferent action would occasion, though unjustly, his anger, and his anger pro_duce the effect before mentioned, I thinke I should do well to absteine from that indifferent action, in charity to him.

� 47. But that with these cautions, 1. Unlesse my indifferent acti_on be ordinable to some good Christian use, and designed by me to it; for then, as the Jewes resolve that a tree set for fruit though it chance to be worship't, is not made unlawfull by that meanes, so that indifferent usefull action of mine will not be made unlawfull by the possibility of that ill consequent: Maimon: de Idol: c. 5. Or secondly unlesse that action in it selfe indifferent, by lawfull authority be commanded, and so cease to be indifferent to me who am under that authority: Or thirdly, unlesse my abstein_ing may as probably prove matter of anger to some other of contrary perswasions: Or fourthly, unlesse that my absteining, or receding, or undoing what before I had done, be more likely to confirme him in his errour (which otherwise in time being not yeilded to, he may foresake) then to prevent or allay his causlesse anger and those effects of it. Or fifthly, unlesse I use some meanes in prudence not only sufficient, but probable to prevent this sinne of unjust anger in him before, or to re_forme it afterward.

� 48. But if my absteining be like to fall into all or any of these inconveniences, then sure I ought not thus to absteine; because when these consequences do attend my absteining, they are nearer and more immediate to my absteining, then his resolv_ing against my preaching, is to my doing of it.

� 49. And another consideration also may be taken, that he that will so causlessely be angry and resolve against the ordinary meanes of his salvation, will by the suggestion of the Devill or temptation of his owne corrupt humour, be likely to finde out some other matter of quarrell against me and my preach_ing. i.e. against his owne salvation, though I by absteining from that particular action, deprive him of that.

� 50. And lastly, though I shall not define, yet I would have it con_sidered, whether he that is so disposed in soule and affection, that so gives up the raines of his passions, as upon every or no occasion to breake out into causlesse anger, uncharitablenesse, and the effects of it forementioned, be at all the more innocent or lesse culpable in the sight of God by the not committing of some one act of that sinne, only through wanting that or any other one occasion of committing that act. For as in good things God accepts the will for the deed (if it be a firme and ratified will, a full actuall intention, & want nothing but oppor_tunity to shew it selfe) & againe accepts him that hath exprest that will by ten only acts, being by want of opportunity deprived of a possibility of adding one act more to the number, as_well as him, which having the opportunity that the other wanted, hath exceeded him in the number of outward acts. So there may be some reason to feare, that an unresisted, unre_strained propension or consent to evill, that wants nothing, but an occasion to actuate it, will be as criminous in the sight of God, as if (without any improvement or change, but only by meeting with that occasion) it breake forth into act: or that an habituall inclination to sinne in one man ten times actua_ted in the members, having no more occasions to actuate it, shall be as sadly punished, as the same degree of inclination and intention through presence of occasion once more actu_ated.

� 51. The same Consideration will be proper to other particulars incident to the matter of Scandall. As when any thirsty drunkard actually importunate in the pursuite of his espous_ed sinne, shall by occasion of my feast fall into an open act of that sinne, (and a hundred the like.) The question then may be, whether supposing him bent to excesse, and not only ha_bitually guilty of it, but actually Intent upon it, and only kept off by want of Occasion, He would have had lesse guilt upon his soule, if I had not then invited him. I conceive it hard to maintaine the affirmative, for though with men, who see not the heart, no sinne is punishable but that in the members (un_lesse in case of Treason) yet with God the sinne of the heart and the hand seemes to be equally great, the act of the mind and the act of the body; And the minutely preparations of that to sinne as punishable, as the minutely execution of this. As in the Schoolemens resemblance the pressing of the stone to the ground is as great when it is with-held by my hand, as when it is actually moving toward the center.

� 52. I confesse there is somewhat to be said, and perhaps with probability, on the other side. And I thinke Saint Augustine somewhere expresseth his opinion, that though in good things God mercifully accepts the will for the deede, yet out of the same mercy and indulgence he punisheth not so in evill things; Yet because Saint Augustine may perhaps meane the incom_pleate and not perfect act of the will, (which though we yeild to be lesse then the outward act, yet the compleate act of the will, wanting nothing but opportunity of execution, may still be as great,) Or however, because there are not such de_monstrable grounds of resolution, as to yeild cleare convicti_on to all in this matter, and too assure the Christian that such an Addition of any outward act of sinne shall make the punish_ment the heavier to the habituall sinner, and so the absence of that outward act alleviate it; therefore, although I said I thinke he should do well to absteine, I dare not yet affirme that he is bound in charity to do so; Nothing but charity binding him to it, and the man that still hath that propension unresist_ed, being (upon this supposition, which we have made not improbable) like to reape little profit from that charity.

As free, and not using your liberty for a Cloake of Maliciousnesse , but as the servants of God. 1 Pet. 2.16.

But I say unto you, That whosoever is angry with his brother without a cause shall be in danger of the Judgement. Mat. 5.22.

FINIS. |CRE |Y1650 A TRUE RELATION OF M&rsup;. Iohn Cook's Passage by Sea from Wexford to Kin_sale in that great Storm Ianuary 5. Wherein is Related the Strangeness of the Storm, and the Frame of his Spirit in it. ALSO The Vision that he saw in his sleep, and how it was Revealed that he should be preserved, which came to pass very miraculously. LIKEWISE A Relation of a Dream of a Prote_stant Lady in Poland, which is in part come to pass, the Remainder being to begin this year 1650. &horbar All written by himself. &horbar Printed at Cork, and Re-printed at London, and are to be sold by T. Brewster and G. Moule at the three Bibles in Pauls Church-Yard neer the West-End of Pauls, 1650. A Relation of Mr. Iohn Cooks passage by Sea from Wexford to Kinsale, being in the great Storm on Ianuary the 5. &horbar

The Lord is then best praised, when we acknowledge him to be his own praise.

JAnuary the first 1649. We embarqued from Wexford in the Hector for Cork, sayled two or three leagues beyond Greenor-bay, but were driven back, the wind turning upon us: upon the Saturday following the wind being fair, we got within sight of Dungarvan, that night proved very windy, and about four in the morning, on the Lords day, a very tempestu_ous wind arose, and the storm was the great_est that ever any of the Sea-men knew (as they said) the wind was at South-east very thick, we hoped to fetch Cork, being within a mile of the shore, but could not possibly make land: in that distress we put to sea, hoping by that way to save life, the wind continued all that Sabbath day at South-east, South-east and by South, and south south-east, which if the wind had held at south-east, as it was in the morning, we could not have doubled the point about the land, but had been cast upon the rocks: we bore two courses to keep off from the shore all the day, and being as we supposed about the pitch of the Cape Cleere, at nine on Sabbath day night we shipt a great Sea which split and carryed away our foresaile, and so were forced to bring to a fore-top-sail to keep from the shore, and so bore that foretop sail till two in the night, in which time we were forced to cut our Anchor from the bough to save the ship from foundring, we having at that time five foot water in the hold. The Monday morning we were ten leagues to leeward of the Cape Cleere, and the wind was up at South-west, then we made all the sayl possible to fetch some harbour, and it pleased God, we made the Cape, hoping to fetch Baltamore, but the wind comming up at South-east and by cast, we were forced to Sea again all the night, the wind continuing at south-east, south-east and by south, and south south east.

Tuesday we made the Misne head and could fetch no harbour the wind being still at south-east. Wednesday the wind came up at west, and we made for shore again, and came up as high as Galley-head hoping to fetch Kinsale; about three in the after-noone the wind came up at east south-east, and then we hoped to recover Castlehaven before night, and made for it, and in our running in, the wind veared at south-east and blew very fresh, and we still hoping to gain the harbour, ran in, knowing no other way to save life, the wind being so contrary, it grew extraordinary thick, rained and blew much, we fired three or four pieces of Ordnance (for lights) and saw one light from the Castle, as we supposed, and two other lights to the East_ward, which put us to an amazement, not knowing whether they were friends or enemies, and could not possibly see the going into the Harbour, but were in the very breach of the shore, the sight where_of caused a great scrick in the ship, and thereupon brought our ship to, hoping thereby to have come to an Anchor, which if we had done, we had been past all hopes of life, the rock being so neer would have cut our Anchor, but God being most merciful in that nick of time, the seamen dispairing of life, the wind at an instant came up at East, which carried us into the sea, and yet so great was the danger, that if the wind did not turn again to the West in less then half an hour, we were dead men, by reason of the rocks, called the Stagges, so we came in a little time within sight of the rocks, the wind driving us strongly upon them, and then seeing the rocks within a ships lengths of us, we put our ship to stay, which she would not, the sea being so extremely grown, the Sea-men being at their wits end, wishing us to prepare for death: the Lord again at that very instant caused the wind to come up at South west, which carryed us out into the Sea cleer from the rocks, where we had the wind favorable that night, and blessed be God on Thursday we came into Kinsale, it being the first Harbor that the Lord was pleased to give us, but that which is most admirable is this, that so soon as the ship was come into Kinsale Har_bor, she leaked so very much, that the Sea-men came the next morn_ing and told us, that they were almost drowned that night, and could scarce keep the ship alive in the Harbor, and were forced the next tide to bring her to the Key, and at the Ebbe to repaire her, and had much ado to keep her from sinking. This being the method of Gods dealing with us in our passage.

Now concerning the work of God upon my spirit during the storm, thus it was. Towards the evening of the Sabbath day, January the 5. My heart was exceeding sad and sorrowful, even unto death, a dark night approaching, and the ship taking in much water, my spirit fainted and my heart sunk within me, the sorrows of death caught hold of me, much grieved I was for my poor dear heart, who did not express half so much fear as my self, many sweet expressions she used in prayer, wishing me to call earnestly upon God: many words I could not use, but my heart was praying; it almost broke my heart to think what my wives friends would say in England, that I should bring her into Ireland to drown her (though I bless God she never repined at it) troubled I was likewise for my poor servants that came in love along with us; it almost split my heart to think what the Malignants would say in England when they hear that we were drowned (how they would abuse that passage of Paul, Acts 28.4.) That though vengeance hath not overtaken me at Land, yet I was met withall at Sea; much troubled I was at the manner of the death, such extraordinary violent deaths importing the na_ture of some heavy Judgement, as if the Lord had been displeased with us, and had not sent us, and Jonahs storm was much in my thoughts (I having spoken some words of Exhortation to the com_pany out of that Scripture before the storm began) for God sent that great storm, Jon. 1.4. because Jonah went contrary to his Commands, where I observed, That when a Christian is in Gods way, upon Gods errand sent to Sea, usually God makes the Winde and the Seas fa_vourable to him, upon such considerations, and many objections made by flesh & blood, I had very much trouble with my unbelieving heart, & could not bring my mind to be willing to die, earnest I had been in secret prayer at the Throne of Grace before, for 16. or 18. hours to_gether, pleading with the Lord, that if it were possible, this cup of his indignation might pass over us, that in Judgments he would remem_ber Mercy, however that we might cheerfully submit to his sweet pleasure; the materials of my long suggested prayers were meditations and applications of several Scriptures which mention Gods power, wisdome and love in the Seas. God having put it into my minde not long before to note most of the cheif places in Scripture con_cerning the Seas, as proper and usefull for a Sea-voyage. I prest my deere Christ not to drown us, for said I, we fight for thy King_ly office, throw the �gyptians and all thy implacable enemies into the midst of the Sea, but let us be preserved, that we may prayse thy Name, Exod. 14.27,30. & 15.1. Lord this is a calamity too heavy for thy poor creatures to bear. Job. 6.3. were it not that thou hast cast our sinnes into the depths of the Seas: Micha 7.19. Lord suffer not the deeps to swallow us up: Psal. 69.15. Let not all thy waves and billowes pass over us, We have seen thy wonders in the deep: Psal. 107.23. And if thou save us we shall declare them to the children of men; but if thou make our graves in the Sea, the dead cannot praise thee: Psal. 115.17. thou Lord which leadest thy servants through the deep, prepare dry Land for us: Lord, why should not the Seas be as favorable to thy servants as the dry Land? Thou layest up the depth in storehouses, Psal. 33.7. Thou Lord canst still the noyse of the waves, Psal. 65.7. Ps. 68.22. was a comfortable place to me, that the Lord promised to bring again his people from the depth of the Sea. Sweet Christ do thy office and be a Savior to thy people both for soules and bodies, thou layest the beames of thy Chambers in the waters, 10.4. Psal. 3. and rulest the raging of the Seas. Psal. 89.9. Now Lord the floods have lifted up their voyce and their waves: Psal. 93.2. but thou art mightier then the mighty waves of the Sea, The fishes of the Sea shall shrink at thy presence: but why art thou so angry with thy servants who are sent in thy service? Lord cast the great Dragon into the bottomlesse pit, that old Ser_pent called the Devill and Sathan. Revel. 12.9. but let thy people live to prayse thee; thou Lord canst say to the Sea, Be dry: Jsa. 44.27. Jsa. 50.2. and canst easily bring us safe to Land. Lord, hast not thou made the depths of the Sea a way for thy ransomed ones to pass over? Esa. 51.10. Why must then thy servants be drowned as if they were in this, malefactors? Ionah ran away from thee and would not obey thee, being unwilling to be the mouth and proclaimer of thy Iustice upon Nineveh the head of the Assyrian Empire; and thou sentest out a great winde, and there was a mighty tempest in the Sea, Ionah. 4. which was no ordinary wind, but sent as a punishment for his disobedience, yet because he was thy servant, and was not selvish, nor displeased in thy shewing mercy for fear of his being thought a false prophet, but out of zeale for thy glory which he thought was wronged and obscured by that change, and out of his ardent affecti_on to thy people that their enemies should live; and though he said he did well to be angry, even unto death, they being not words of express rebellion, but of a passionate spirit blinded with anger, therefore when he prayed unto thee out of the belly of Hell, he was mightily preserved. Now Lord, thou which wast a God so gracious and mercifull, slow to anger, and of great kindness towards the Hea_thens in Nineveh: shall not we find thy mercy? if thou hast any further work for us to do in our generation, we shall. Lord, it is the wicked that is like the troubled Sea, whose water casts up mire and dirt, Isa. 57.20. Thy Justice was very wonderfull and glorious at Wexford, in drowning those Pirates and wicked men in the Sea, that had done so much mischief to thy people in that Element, and what will thy ene_mies say when the carkasses of thy people are given to be food for the Fishes? Lord command this great wind into thy treasure, and bring forth windes serviceable for us, that we may have an auspicious gale, and an expeditious saile into some Harbor where it shall please thy Majesty, for thy poor creatures are at their wits end, and death appeares in their faces; thou only canst shut up the Sea with doors, Iob. 38.8. Thou makest the deep to boyle like a pot, and makest the Sea like a pot of oyntment, as if the Sea was hory by the long white frothy path, Job. 41.31,32. Sweet Christ, thou hast dominion from sea to sea, Psal. 72.8. and thou hast given to the sea a decree, that the waters passe not thy commands, Prov. 8.29. Therefore though the sea roare and threaten to swallow us up, yet unless thou givest it a commission to devour us it cannot hurt us: sweet Christ, the sea is unto thee as the dry land, the winds and seas will obey thee, deere Redeemer wilt not thou speak one word to save the lives of thy own members? Matth. 8.26,27. & 14.27. Mark. 4.29. Peace, Be still, will make a great calme. Lord assure some of thy poor servants that all shall be well, as thou didst to blessed Paul, Acts 27.23. Give some vision and manifestation of thy love, for it was for thy sake that we committed our selves to the sea, let some of thy servants in the ship be assured from heaven that we shall be safe, however Lord let thy will be our wils: with other Scriptures, not now perfectly remembred. Now after long prayers and meditations, it pleased God about six on the Sabbath day night that the Lord Jesus Christ began to quiet my spirit in himself, and I was well perswaded to die, and began to be ravisht with the Consideration of the joyes of Heaven, how quickly I and my poor heart should be in our Masters joyes, that expression of entring into my Masters joy af_fected me so much, that the joy was too big to enter into me, I must be swallowed up in it, and that my Masters joy could be no small joy; thereupon I spake comfortably to my wife, desiring her to cheer up, for that we should suddenly be in Heaven, if the Lord was pleased thus to take us to himself, who resigned her soul to God, and we took our leaves solemnly of each other, with our eyes full of teares, which I felt running down her cheeks when I kist them, saying, that all tears shall suddenly be wiped from our eyes in Heaven, and with a great fervor of spirit I thought severall times to this purpose, Sweet Jesus I come to thee, we come not only in this Sea of waters, but Lord we come to thee in a Sea of blood, if it shall please thee to call us; the storm still increased, and I grew exceeding heavy and sleepy, but roused my self up, and checked my heart, that I should Jonah-like offer to sleep in such a storm: what, be drowned in my sleep! my wife often begged at me not to sleep, but I could not possibly for_bear sleep, if it had been to have saved all our lives; so it pleased God, that sitting as upright as I could, I fell into as fast a sleep as ever I was in all my life.

And in my sleep I dreamed.

THat I was in an upper Chamber with my sweet Redeemer Christ Jesus, and that there were many Suiters attended to speak with him; to beseech him to save their Ships and Barks that they might not perish by the storme, I thought it was a large roome, wherein there was a long table with an ordinary Car pet and two candles standing upon it, two trenchers of Tobacco and Pipes, and one Man walking up and down by the Table, of a middle staturs, about thirty years of age, the hairs of his head long and white as flax; but curling at the ends, but the heire of his upper lipp brown, in fad color'd cloaths, and a cloth broad brim'd hatt, I asked him who he was, who said, he waited upon Jesus Christ; I asked him where Jesus Christ was, he pointed to a Curtin, saying, there he is; I beheld and saw a glorious shi_ning but no person, and methought Jesus Christ spake to me, and asked me what I would have, I said the lives of all in the Ship, said he in what ship, said I in the Hector, it is a bad name said he, for such as professe me. Castor and Pollux is for Heathens, I prayed him that we might not dye in this manner, sayes he to me are not you safe? but good Lord said I, I must returne, and I beg life for all in the ship, who are they said he? J answered that there was my deare Wife and three Servants. Leiutenant Colo_nell Saunders. Major Bee, Mr. Hews, honest Abraham, and other passingers thy Servants, [said Jesus Christ at my naming Lieu. Col. Saunders and some others, its so much the better that they are there] the Captain and the Sea-men are serviceable to thy Cause, and they take wonderfull paines to save their owne lives and ours, but unlesse they speak the word, the Sea will swallow us up: then me thought Jesus Christ askt me why I was not willing to dye? I told him that by this death I could not glori_fie him, thinking upon that Scripture, Joh. 21.19. and me thought I was something impatient that the Lord should surprize us, get_ting us into a ship at his call for his service, and then to drowne us, as if we were Parricides or hainous Malefactors, which by Law were drowned: at that me thought Jesus Christ withdrew, as if he was displeased, said I, Lord, if thou drownest those that love thee, what wilt thou doe to thine Enemies? but could get no answer, whereupon I was sensible of my impatience and thought that I fell downe flat downe on the ground, and cryed for Mer_cy, saying Lord, we kisse thy Rod, and turne our naked backs, strike as much as thou pleasest. Lord, I plead nothing but thy free grace; it may be many of us have offended in excessive drinking, and now thou art punishing us in our owne Element, however our sinnes are more then the sands of the Sea-shore, but let pi_ty move thee to save us; thou sweet Redeemer which hast been at Sea in stormes, that art a mercifull high Priest, like unto us in all things but sinne. Heb. 2.17. and 4.15. take pity upon thine owne flesh and blood; what Father but would save his Child from drowning if he could hast thou no worke for any of us to doe? I thought the answer was, but little to be done by some of us; (my Wife tells me that but a little before I slept, I said, cer_tainly God had something for me, and others to doe for his ser_vice, and therefore we should not dye at this time, which I did not remember;) sweet Christ hear us as thou didest thy Disciples, save us quickly or else we perish, and being earnest in prayer, in my dreame me thought that the man in the roome came to me, and told me that this was no naturall storme of Gods sending, but an extraordinary Tempest raised by Satan (by Gods permission) to destroy those which were coming to fight against his Servants, and bad me use that argument to his Master. Thereupon I in_stantly craved leave to speake, and said, sweet Saviour, if this Storme and Tempest be raised by Satan the Prince of the ayre as in Lapland and many other places where winds are sold, he works in the Children of disobedience, and hath nothing to doe with thy poore Servants, for though thou mayst justly for our sins give Satan power over us, as thou didst over thy dear Servant Iob. Yet where thou givest a particular faith to be free from Sathans stormes and witchcrafts, thou art pleased to grant that which is believed, and in great love it pleased Jesus Christ to give a gratious answer to my Spirit, and said, be not afraid, your lives shall be saved; instantly replyed Lord, let it be for all the Persons in the Ship He said, be it so, then I pressed for the goods in the Ship Lord said I, there are my L. Gen goods, & M. Gn. goods; Let them safe, but they are not there said Jesus Christ, no Lord said I, they are fighting thy battells, Jesus Christ answered, the goods shall all be safe. And the ship likewise, and nothing miscarry, then I gave humble thanks, and departed, and as I was going out, I thought Jesus Christ said to me, it is granted for halfe fifty, goe no more to Sea in winter. I further dream'd that the Devill and his Imps were very earnest with Jesus Christ to get leave to de_stroy the Governour of Wexford, by the storme; but the Lord said, it should not be; somethere were that had Barkes at Wex_ford, that attended to speak with Jesus Christ, I could not tell what they said, they discoursed much about the Governour, and all that I heard Christ say, was that winter was not yet come for them at Wexford, then I thought I met with Captaine Haire_bottell, who had very great respect shown to him and I thought his prayers did us very much good, and he was very much com_mended for his tendernesse to the sick Souldiers at Wexford, I thought there were other men from Wexford that came for safe passages and one Officer was very earnest for a ship that he was to come in, and I heard this expression concerning him, we must take speciall care of his ship; for he was very tender and kind to the poor sick Souldiers, and much discourse I heard about sick Souldiers. Jesus Christ said, if stormes will not do, I have o_ther afflictions to make them more tender-hearted and pitifull, me thought the person that so walked in the room, spake much to this effect, that there would be many stormes by reason of much hardheartednesse, to break and melt their Spirits, since which (blessed be God) Captain Lucas is come safe in the wild Beare, one whom I observed in Wexford to be very liberall, tender-hearted, and compassionat to the poor Souldiers, whereupon I awaked, this dream lasted about two houres, all which time the storme increased, my Wife told me, that shee jogged me above twenty times to waken me. And wondred that I should sleep, seeing we are all so near the point of death, said I to her, peace my deare heart, be quiet, we shall all be safe: Jesus Christ hath promised me our lives be not afraid, and told her all my dream, whereat she was much amazed, but could not beleeve any safety, and urged me to prayer, being her selfe well resolved to dye, chearfully submitting to Gods good pleasure, but told me she had a strong impression upon her Spi_rit by way of question as if the Lord had spoken to her, that in case he should be pleased to spare her life at this time, whether she could be content to suffer for him; whereunto she found her heart most ready and willing, by the Lords assistance, to lay down her life for his glory; but my owne heart was then giving thanks, and brim full of comfort.

I related my dreame to Lieutenant Col. Saunders, Major Bee, Ben. and the two Maids that were in the Cabin. And sent in for Captaine Stoakes, the Master, the Gunner, Bennet, and Marshall, and bad them be of good cheere, and plye their busi_nesse, for we should be all safe, telling them what I had dream_ed, they admired at my confidence, and Captaine Stoakes could not believe it, (said he) I know God is very Mercifull and can doe much; but the Ship hath five foot water in the hould which the Pumpe could not reach being choaked, and very subject to leaks, being twenty years old, and then it was about nine at night, the storme increasing, and they not knowing where about they were, I told them that I was assured of safety, as if I were on Shore and one word more I had dreamed, which I told them of, said I to Jesus Christ, what if the Ship should break asunder? He answered me, you shall be as safe as if you were in Codds Boat (a Boat at Wexford that we went in towards the ship in the bay, and were driven back severall times) or as if you were in the Go_vernors house in Wexford, what impression it had upon their Spi_rits I know not, but some that were in the great Cabbin told me that they did verily beleeve it, and that their hearts were much quieted by what I said. The storme increased and a great noyse was made in the ship, the water came in at the great Cabbine windowes, the ship ready to overset and to founder; many skreaks and cryes out now we are gone, and yet my confidence and assu_rance increased, I bad them pray and bethankfull for they were as safe as if they were on shoare still my poore Wife said it could not be. I told her I was sure of it; she must lye still and see the salva_tion of our God.

I confesse I much marvelled at the change that was wrought in my own Spirit, from a trembling fearfulnesse to a rejoycing assurance and considering it was but a dreame I thought I might presume too much in an over Confidence and was jealous over my owne hart least I should offend, begging the Lords extraor_dinary assistance sutable to the present danger, but the more I checkt my heart of presumption; the more did my faith mount upon the wing as if I had been upon dry ground, and had not so much fear as the thousand part of the weight of a haire: the poor ship workt for her life, and the Sea-men took infinite paines, two parts being fallen sick & the other 30 were continually at it, somtimes they were in a little hopes, sometimes their soules ready to faint about twelve at night, he that was at the Helme by my Cabbin said all was broken, the water came in there a little be_fore they cryed out, that the foresaile was split and carried away, and the Anchors thrown over board to lighten the ship, yet all this while me spirit was the same in a thankfull admiration. for so great a deliverance, and said, all shall be as well as heart could wish, when they spoke of lightning the ship, my wife cald to Capt. Stokes and bad him if he thought fit, to throw over some Trunks which we had in the ship, which I liked very well (as it was in Pauls-storm) in regard of others that were in the ship, but for my own part, I said I would not have any thing thrown over, for I knew all would be well and (to blessed be the Lord of Seas) about four in the morning the storme abated, my heart was in a very thankfull posture, and that Wednesday night after, when the Sea-men said, we were in most danger entring into Castle-Haven in the dark, that we must have the wind turn twice in halfe an hour to save us, first to carry us from the breach of the shoare to the Staggs, and then to carry us off from them: when we were within a Cables length of the shoare, and the Sea_men devided, not knowing what to do, Captaine Stoakes bad let fall an Anchor or else we are all dead-men others said, try to get off from shoare, and there was a great skreak that all was gone, I was not one jot afraid, but told them they were sure to get safe to Land, and the ship to a Harbour, and the Lord shewed himselfe kind to poore sinners.

One thing though it seeme to be of small importance, yet it runs much in my mind, and I must needs relate it, I thought that Jesus Christ said to me, that the goods should be all safe, and nothing hurt or lost by the storme, but when we came to look for our things we mist a looking-glasse and a Pistoll, the glasse case was all broke and shivered in many peeces by the rouling of the ships, being in one of the Boxes or Cabin-chests in the great Cabbin amongst other things, but the Glasse it selfe was not so much as broken or crackt, and the case though in eight or ten peeces yet might easily be joyned and glued together, that it is not worse by a farthing, which seemes to me very admirable, I told Captaine Stoakes of it, and desired him, if possible, to help me to my Pi_stoll, he examined them about it; but it could not be heard of, till the very day the ship was going out of the Harbour, and then somebody that had it could not be quiet till he brought it out, to let us see how weak our faith and confidence is in the Lord and that he will performe with his poore servants to a Title of his promise.

I know that usually dreames follow mens naturall inclination or their daily conversation as in Pharaohs Butler and Baker, they dreamed of wine and baskets of meate, matters about which they were ordinarily imployed Gen. 40. and I having beene in a continued meditation of Jesus Christ his love, power, bowells of pitty towards his members, it was most likely, that if I dreamed of any thing I should dreame of him as many times upon the Sab_boths nights: I have dreamed that I was in the very same company and at the same exercises as I was upon the day, and indeed the consideration of Christs humanity, his being at Sea, and his experimentall knowledge of our miseries much supported me, how many prayers did we put up for a safe passage which though they do not move the Lord by any eloquence, as an Orator moves his hearers, yet they move the Lord; as the cryes of children make the bowels of their Parents yearne towards them, and we must distinguish between shadowes and substances, dreames are but the appearances of things which are not, naturall dreams are ei_ther sinful deceitful & vaine, as Isa. 29.8. the hungry & thirsty man dreames, that he eats and drinks, but he awakes and his soule is faint for food, or else they are representations of things past which were really done or things to come which falls out accor_dingly, and the matter of the dreame is principally to be regarded, some Christians have had difficult places of Scripture expounded to them in their dreames, as they have told me.

Therefore although dreames which are naturall and ordinary be of little or no account, yet extraordinary dreames many times prove true, as if one cry in his dream or be so fast asleep that he feels not pinching when the Imagination is so extraordinarily powerful, and that the party dreaming is confidently perswaded that it will come to passe it commonly proves accordingly, as that of Katherin de Medicis Queen of France, who dreamed that Hen. the Second should be killed at the Tilt, and said she would venture her soule upon it. And so he was killed by a Scotsman, Montgomery as she dreamed; Petrarch in Pado_va dreamed that a Scorpion stung him to death, that was in one of the Lyons that stand before a statue which they fondly call Sancta Iustina, the next morning he told his dreame, went thither and put in his hand into the hole and out came a Scorpion, which poysoned him, whereof he dyed, the great Souldier Farese the night before he dyed; dreamed that he was drowned and that his Saint Christopher could not carry him over the River and the next day the Ferry-boat sunk and he was drowned.

In 1629. Christina a Protestant Marquesses Daughter in Poland, dreamed that Jesus Christ had told her comfortable things for the Protestants, as the good successe of the King of Sweden, the death of the Emperors Generall Walsten and that it might be the better believed, she should dye four dayes and re_vive againe, one Minister Cotuonius slighted it as a delusion and vaine fancie she told him that God was angry with him, and such a day his only child should dye and himselfe presently after, which both proved true, she likewise fell into a Trance for eight and fourty houres and then revived and foretold victories of the King of Sweden, but that God would take him away, because the people began to make a God of him and thought him to be in_vincible. She dreamed that she was married to Jesus Christ, and that she had a Crown of Glory promised her if she could persevere in the faith, and told her she would be mockt and scoft at by many who would not believe but that such visions procee_ded from imagination, melancholly humours or weaknesse of braine, but bad her not be discouraged, shewing her a cup of blood, which he said he would poure upon those that persecute his servants, and that she prayed very earnestly for the salvation of a deer friend of hers who was in armes against the Protestants, but that shee could not prevaile for the salvation of any of her friends, but only for her selfe and that night the same party died, she likewise in her dreame saw two great persons comming to be judged one a Papist who had prayed much to his St. Francis and desired to be admitted into Heaven, but Jesus Christ bad him go to Hell to saint Francis, whither he was immediatly dragged; and the other was a Protestant who argued for his sal_vation, because he fought against the Papists and the Ministers as_sured him of Heaven: Jesus Christ said he will put out his candle in Germany, for it gives a false light, it shines without but it is full of filth and selfe righteousnesse within: she likewise saw a man upon a Tree adored by many; and some Lyons came to the Tree and pluckt it down and an Eagle was flying away, which the Lyons caught and toare in pieces, and asking Jesus Christ the meaning of that vision, he told, that the man was that horrid beast the Pope of Rome my capitall enemy, not a Pastor, but a Woolfe, that sayes, behold I am set aloft, who dare come to touch me? the Lyons are the French, English, Sweads, Hollanders, Venetians, and others that shall pluck down the proud beast, and powre out my wrath upon her and her adherents, and that it should begin about 1650. and be compleat by 1666. in her sleep she was heard to say; welcome Husband, and laughed heartily and as shee awaked shee said farewell deere Husband, and she drea_med many thing more which fell out accordingly, being a ver_tuous child naturally merry

In 1633. she was marryed in Lesno in Poland, and most of the Ministers in Germany have subscribed to it, for they seriously consulted about it, and sent into Holland and Geneva, for assi_stance and advise, and the result of the conference (which Mr. Deodate shewed me at Geneva) came to this; in Christinaes dreame, they did believe there was a divine light: for first the young Lady was regenerate, and very zealous for the glory of God, so there was a good life in the person dreaming: Secondly, there was a full perswasion of heart that it was from God, and it would prove true: Thirdly, there was a certitude in the event, the party was not deceived, for it proved so, and it was likewise their judgements, that in a time of generall persecution, or some extraordinary eminent danger, God might and did many times speake comfortable things to his people in dreames, as in the late Bohemian warres, many Calvinists were admonisht in their dreames to goe to places of security, which they attending were safe from the enemy; as the Angell of the Lord appeared to Io_seph in a dreame, and bad him flee with Jesus Christ into Egypt, Mat. 2.13. and others that neglected such dreames have after_wards repented it.

The Lord keep us all that were made partakers of so great a mercy in an humble believing and thankfull posture, that we may spend the remainder of our new lives in the zeale of his service, as those that having their lives prolonged so extraordinarily are ex_ceedingly obliged more then others to walk answerably to so great a mercy.

FINIS. |CRE |Y1667 INDVLGENCE AND TOLERATION CONSIDERED: IN A LETTER UNTO A Person of Honour. &horbar &horbar London, Printed in the year 1667. Sir,

I Have considered the Discourses sent me, published lately about Indulgence and Toleration. At their first view, I confess I was not a little surprized with their Number, as not understanding the reason of their Multiplica_tion at this time, nor what it was that had made them swarm so unseasonably. Upon their per_usal, I quickly perceived a de_fect in them all, which could no other ways be supplied; whether it be so by this means or no, Impartial Men will judge. The De_sign seems to have been; That what is wanting in them singly in Reason, may joyntly be made up in Noise; and their respective defects in Argument, be supplied by their communion in Suf_frage. It will doubtless be the wisdom of those who are concer_ned in what they oppose, to stand out of their way, at least un_til the storm is over. &horfill; Omnis campis diffugit arator Omnio & Agricola, &horfill; Dum pluit in terris, ut possint sole reducto Excercere diem. &horfill;

Their Reason will be better attended to, when this earnestness hath a little spent it self. For Men who have attained more than perhaps they ever aimed at, at least than they had just reason to expect, have commonly for a while strong desires to secure their possessions, which Time and a due consideration of their Title and Interest, may somewhat calm and allay. In the mean time, because You expect it, I shall give you a brief account of my thoughts concerning the Matter treated of by them; and if that do not too long detain me, of the reasonings also which they make use of. Some things I do much commend their Ingenuity in; For whereas two things were proposed to them, A Compli_ance with some by way of Condescention, and a Forbearance of others by way of Moderation, they equally declare against them both. They will neither admit others to them, but upon their own terms to the utmost Punctilio; nor bear with any in their dissent from them in the least different Observances; but all must be alike pursued by Law and Force, to their Ruine. Whether this seem not to be the frame of mens spirits, whose Fortune and Power (as one of them speaks) tempts them to an insolency, so_ber and dis-interested persons will judge. The minds I confess of fortunate Men are for the most part equal unto their Successes; and what befalls them, they count their due. Nothing else could perswade these men that they alone were to be esteemed English_Men, and that not onely as unto all Priviledges and Advantages attending that Title; but so far also, as to desire that all who differ from them, should be exterminated from their Native Soyl. It were well if we could see more of their endeavours to merit so high a favour, more of that usefulness, and advantage which they bring to the Kingdom, that might countenance them in pleading that they alone ought to be in it. For my part, I can see little consistency with Christianity, Humanity, or Prudence, in these Resolutions. For certainly if that be Christian Religion which we are taught in the Gospel, it inclines men, especially those who are Teachers of it, (such as the Authors of these Discourses, at least most of them, seem to be) unto a greater Condescention than that expressed, upon the Causes, and for the Ends of its being desired. The request of some for a Condescention, seems to be no more, but that the Rulers of the Church would forbear the pre_scription and imposition of such things on the Consciences and Practise of men, (for it is vain to pretend that Conscience is not concerned in practise in the worship of God) as there is not one word about, nor any thing inclining, leading, or directing towards, in the whole Bible, that were never thought of, menti_oned or commanded by Jesus Christ, or his Apostles, or any A_postolical Men; that if they had not unhappily fallen upon the minds of some Men to invent, none knows who, nor where, nor when, would have had no concernment in Christian Religion.

They indeed who impose them, say they are things indifferent. But the differences that have been almost this hundred years about these things indifferent, is enough to frighten and discourage un_biass'd men from having any thing to do with them. And what wise man, methinks would not at length be contended, that these differences and indifferent things may be parted withal together? Besides, they on whom they are imposed, account them not so: They look upon them as unlawful for them to use and practise (all circumstances considered) at least most of them do so. And they plead by the important Argument of their Sufferings, that it is meerly on the account of Conscience that they do not conform unto them. Others think that it is not so; but I am sure it is possible that it may be so; and if it be so, they cannot use them without endangering the Eternal Ruine of their own Souls; though others may speed otherwise in their observances, who have other thoughts and apprehensions of their Nature and Use. And yet on the other side, if those that impose these things, can make it appear with any probability, (I had almost said if they would but pretend) that they were obliged in Conscience to im_pose them, by my consent there should be an end of this strife. But whilst there is this Left-handed Contest, Real Will and Pre_tended Prudence, fighting against Conscience and Duty, it is like to be untoward and troublesome. And for what end is it that some desire that there might be at least some relaxation as to the present severe Impositions of some of the things which are thus contended about? They say it is meerly that they might serve God in the Gospel to the good of others, without sinning against him, to the ruine of themselves. They speak particularly unto Men who profess it to be their Calling, their Work, their Design to promote the blessed ends of the Gospel towards the Souls of Men: They desire of them that they may have leave to come and help them in reference unto this end. Nor can it be pretended, That they themselves are sufficient for the Work, and that they have no need of the Assistance of others: God and Man know that this cannot be reasonably pleaded.

And this is a business, which certainly by such men as profess themselves to be Guides and Rulers of the Church, can hardly be justified unto him who is the great Lord of it. When the Disciples found some casting out of Devils in his name, they re_buked them because they followed not with them; a worse and greater non-conformity than that which some are now charged withal; and yet the rebuke of others, procured only one to themselves. He said well of old, concerning those who con_tended to promote common good; agathē d'eris hēde brotoisi This is a good strife for mortal men: So is that which is for pro_moting of the good of the souls of men by the preaching of the Gospel; and shall it be forbid for such things, &horfill; Qu� dicere Nolo, of so little importance are they in this matter, which hath an influence into Eternity. What is answered unto this request? Stories are told of things past and gone; scattered interests, dissolved intrigues, buried miscarriages, such as never can have any aspect on the present posture of Affairs, and minds of men in this Nation, are gathered together, and raked out of their graves, to compose Mormoes for the affrightment of men from a regard to the ways of peace and moderation: This they enlarge upon with much Rhetorick, and some little Sophistry; Like him of old, of whom it was said, that being charged with other things, &horfill; Crimina rasis Librat in antithetis; doctas posuisse figuras Laudatur &horfill;

Many inconveniencies are pretended, as like to ensue upon such a condescention: but in the mean time men die, and some it may be perish for want of that help and instruction in the things of Eternity, which there are many ready to give them, whilst it is altogether uncertain, whether any one of the pretended in_conveniencies will ensue or no: I fear whilst men are so enga_ged in their thoughts about what is good and convenient for them at the present, they do scarce sufficiently ponder, what ac_count of their actions they must make hereafter.

But neither is this all that these Authors contend for: Men are not only denied by them an admission into their Societies to preach the Gospel, unless it be on such terms as they cannot in conscience admit of, and which others are no way obliged in con_science to impose upon them; but all forbearance of, or indul_gence unto them who cannot conform unto the present establish_ment, is decried, and pleaded against: What though men are peaceable, and useful in the Common-wealth? What though they are every way sound in the Faith, and cordialy imbrace all the doctrine taught formerly in the Church of England? What though those in this condition are many, and such as in whose peace and industry, the welfare of the Nation is exceedingly con_cerned? What if they offer to be instructed by any who will take that work upon them, in the things about which their dif_ferences are? What if they plead conscience towards God, and that alone, in their dissent; it being evidently against their whole temporal interest? What if they have given evidence of their readiness in the ways of Christ and the Gospel, to oppose every errour that is either pernicious to the souls of men, or any way of an evil aspect to publique peace and tranquility? All is one, they are neither severally, nor joyntly, no one of them, nor all of them, in the judgment of these Gentlemen, to be forborn, or to have any Indulgence exercised toward them; but Laws are to be made and put in execution against them to their ruine; ex_tirpation and destruction. It may be it will be said, that these things are unduly imposed on them, seeing they press for a prose_cution of men by Laws and rigour, not for dissenting from what is established, or not practising what is prescribed in the publick Worship of God, but for practising what is of their own choice therein, in Meetings and Assemblies of their own; otherwise they may keep their consciences unto themselves without molesta_tion.

But it doth not appear, that this can be justly pleaded in their defence: For as the Prohibition of men under severe and di_structive penalties, from that exercise of the worship of God, which is suitable to their light, and which they are convinced that he requires of them, so that in nothing it interfere with the fundamentals of Christian Religion, or publick tranquility, is as destitute of all Foundation in Scripture and Reason at all times, and as things may be circumstantiated in Prudence or Policy; as the inforcing of them to a practical compli_ance with any mode or way of Worship against their Light and conscience; so the practice in this latter case hath been more severe amongst us, than in the former. For a Testimony hereof, we have those great Multitudes which at this day are Excommunicated by the Courts Ecclesiastical, meerly for their not attending the publique Assemblies of the Nation in their Administrations: And as they are by this means, as things now stand, cast, as they say, into the condition of men out-Lawed and deprived of all priviledges of their birth-right as English-men (of which sort there are forty times more, than have been pro_ceeded against unto the same issue in all his Majesties Courts of Justice in England for many years) so in the pursuite of that sentence, many are cast into prisons, where they lye perishing (sundry being dead in that state already) whilst their families are starved or reduced to the utmost extremity of poverty, for want of those supplies which their industry formerly furnished them with all: And what influence this will have into the state of this Nation; time will manifest, if men are not as yet at leasure to consider. The hands that by this means are taken off from labour, the stocks from imployment, the minds from contrivances of industry in their own concerns, the poverty that is brought on Families, in all which the common good hath no small Interest, are not I fear sufficiently considered by persons whose fullness and plenty either diverts their thoughts from taking notice of them, or keeps off any impressions on their minds and judgments from what is represented concerning them. Others begin to feel the evil, whose morning they saw not, gathering up towards them, in the decay of their Revenues, and intanglements of their Estates, which without timely remedy, will increase upon them, untill the breach grow too great for an ordinary healing.

And I am perswaded that none who have been active in these proceedings, will take upon themselves the trouble of con_firming this kind of Church Discipline out of the Scriptures, or Examples of the Primitive Churches, for some hundreds of years.

This therefore, is that which by these men is pleaded for; namely that all the Protestants in England who so dissent from the established Forms and Modes of Worship, as either to absent themselves from their Observances, or to attend unto any other way of Worship, which being suitable to the Principles of that Religion which they profess, (namely Protestantism) they are perswaded is according to the Mind of God, and which He requires of Them, be proceeded against, not onely with Ec_clesiastical Censures, but also with Outward, Pecuniary, and Corporal Punishments, to the depriving of Them in the progress, of Their whole Liberty, Freedom, and Benefit of the Laws of the Land, and in some Cases unto Death it self; and that no Dispensation or Relaxation of this severity, be countenanced or granted. And herein I confess, whatever Pretences be used, whatever Fears and Jealousies of Events upon a contrary Course, or the granting of an Indulgence be pleaded, I am not of their Minds; nor do I think that any countenance can be given to this severe Principle and Opinion, either from the Scriptures of the Old or New Testament, or from the Example of any who ever endeavoured a Conformity unto the Rules of them. This is the state of the Controversie, as by these Authors formed and hand_led; nor may any thing else be pretended, when such Multitudes are ready to give Evidence unto it, by what they have suffered and undergone. Do but open the Prisons for the relief of those Peaceable, Honest, Industrious, Diligent Men, who some of them have lain several Years in Durance, meerly in the pursuit of Ex_communication, and there will be Testimony enough given to this state of the Controversie.

This being so, pray give me leave to present you with my hasty Thoughts, both as to the Reasonableness, Conscience, and Prin_ciples of pursuing that Course of Severity towards Dissenters, which I find so many Concerned Persons to plead for: And also of the way of their Arguings and Pleas.

And first as unto Reason and Conscience, I think Men had need look well unto the Grounds of their Actings, in things wherein they proceed against the Common Consent of Mankind, expressed in all instances of the like occasion, that have occurred in the World; which is as great an Evidence of the Light and Law of Nature, as any can be obtained. For what all Men generally consent in, is from the common Nature of all. We are not in_deed much concerned to inquire after the practise of the Heathen in this matter, because as the Apostle testifies, their Idolatrous Confusion in Religion was directly and manifestly against the Light of Nature; and where the foundation was laid in a transgression of that Law, it is no wonder if the proceeding upon it be so also. There was a Law amongst the Romans, reported by the Orator to be one of those of the Twelve Tables, forbidding any to have private Gods of their own: But this regarded the Gods themselves, the Object of their Worship, and not the Way of Worshipping them, which was peculiar and separate to many Families and Tribes amongst them, and so observed. Scarce any Family or Tribe of note, that had not its special and separate Sacra. Besides, they seemed to have little need of any new Authorized Gods, seeing as Varro observed, they had of them they owned, no less than thir_ty thousand. And I have often thought that Law was imposed on them by the craft and projection of Satan, to keep them off from the knowledge of the true God: For notwithstanding this Law, they admitted into their Superstition all sorts of Idols even the folly of Egyptians themselves, as having Temples in Rome unto Isis and Serapis Onely this Law was pleaded to keep off the knowledge of the true God, Act. 18.13. And of him they had the highest contempt, calling the place of his Worship, the Land &horfill; Dei incerti. &horfill; And the Custome among the Athenians not to admit any strange Objects of Worship, any Unwarranted Devotion, was never made use of, but to oppose the Gospel, unless it were when they destroyed the Wisest and Best Man that ever the City bred, for giving some intimation of the true God, and not consenting with the City in Opinion about their Established De_votions: Other use of these Laws there was none. It is true, when any Sacra or Superstitious Observances were actually used to induce Men and Women to Sin and Wickedness, contrary to the Light of Nature, the very Being of Civil Societies, the Ro_mans severely animadverted upon them: Otherwise this Law was not made use of, but onely against the Jews first, and the Chri_stians afterwards; whereby it was consecrated to the use of Ido_latry, and rendred unmeet for the Churches Service or Recep_tion.

The Jews were those who were first intrusted with the Truth of Religion and the Worship of God. And it is known what was their Law, their Custom, their Practice in this Matter. Whoever would dwell amongst them, if they owned their Fun_damentals, they afforded them the Blessing and Peace of the Land. All that they required of such Persons, was but the Observation of the Seven Noachical Precepts, containing the Principles of the Light of Nature, as to the Worship of one God, and Moral Honesty amongst Men; whoever would live amongst them of the Gentiles, and took upon themselves the observation of these Fundamentals, although they subjected themselves to no instituted Ordinances, they called Proselytes of the Gate, and gave them all Liberty and Peace. And in those who submitted unto the Law of Moses, who knows not what different Sects and Opinions, and Modes of Worship there were amongst them, which they never once supposed that they had any Rule to proceed against by external Force and Coercion.

The Case is yet more evidently expressed in the Judgement and Actings of the first Christians. It will be utterly superfluous to shew how that for three hundred years, there was not any a_mongst them who entertained thoughts of Outward Force a_gainst those who differed from the Most, in the things of Chri_stian Religion. It hath been done I perceive of late by others. And yet in that space of time, with that Principle, the Power of Religion subdued the World, and brake the force of that Law whereby the Romans through the Instigation of Satan, endea_voured with Force and Cruelty to suppress it. When the Em_pire became Christian, the same Principle bare sway. For though there were mutual Violences offered by those who dif_fered in great and weighty Fundamental Truths, as the Homou_sians and Arians; As to those who agreeing in the important Doctrines of the Gospel, took upon themselves a peculiar and se_parate way of Worship and Discipline of their own, whereby they were exempt from the common Course and Discipline of the Church, then in use, never any thoughts entered into men, to give unto them the least disturbance. The Kingdom of �gypt alone had at the same time above forty thousand Persons, Men and Women, living in their private and separate Way of Worship, without the least controul from the Governours of Church or State; yea, with their Approbation and incouragement.

So was it all the World over, not to mention the many different Observances that were in and amongst the Churches themselves, which occasioned not Division, much less Persecution of one a_nother. And so prevalent is this Principle, that notwithstand_ing all their Design for a forcing unto an Uniformity, as their peculiar Interest, yet it hath taken place in the Church of Rome it self, and doth so to this day. It is known to all, that there is no Nation wherein that Religion is inthroned, but that there are thousands in it that are allowed their particular ways of Worship, and are exempt from the common ordinary Jurisdiction of the Church.

It seems therefore, that we are some of the first who ever any where in the World, from the Foundation of it, thought of ru_ining and destroying Persons of the SAME RELIGION with our selves, meerly upon the choice of some Peculiar Ways of Worship in that Religion. And it's but reasonable, as was ob_served, for men to look well to the grounds of what they do, when they act contrary to the Principles of the Law of Nature, exprest in so many Instances by the consent of Mankind. And I fear all men do not aright consider, what a secret Influence into the Ener_vating of Political Societies such Intrenchments on the Principles of Natural Light, will assuredly have. For those things which spring up in the Minds of Men without Arguing or Consideration from without, will insensibly prevail in them against all Law and Constitution to the Contrary. It is in vain to turn Nature out of doors, it will return. And whence shall we learn what Nature inclines unto, unless from the common practise of Mankind in all Instances, where an evident demonstration may not be given, of the prevalent influence of the interest of some Men unto the contrary? Which is, &horfill; Pessimus Diuturnitatis custos.

It will not always prevail, nor ever any time without great regret and commotion in the minds of Men, who have no con_cern in that Interest.

Consider also the thing it self, of Forcing the Consciences of Men, in manner before expressed; and you will find it so un_couth; as I am perswaded you will not know well what to make of it. Learned Divines tell us, That Conscience is the Judge_ment that a man maketh of Himself and his Actions, with refe_rence to the future Judgement of God; or to that purpose. Now let others do what they will, Conscience will still make this Judg_ment, nor can it do otherwise. Whatever Men can alter in the Outward Actings of Mens Lives, they can alter Nothing in the Inward Constitution of the Nature given it by God in its Crea_tion, which refers to its Future End. How can this be forced?

It is said therefore, Let Men take this liberty unto themselves: Who forbids them to judge of Themselves and of their Actions, what they please? None goes about to take this Liberty from them.

But is this all? Conscience doth not judge of Men and their Actions, but with respect unto what in the Name of God it re_quires them to be, and to do. It first requires several things of them in the Name of God, and then judges upon their performance, with reference unto the Judgement of God: And this is the soveraign Dictate of it, Worship God according to that Light and Understanding which you have, of what is that Wor_ship which is acceptable with Him, in matter and manner, and no otherwise. If this Command be not obeyed, Conscience will judge with reference unto the Judgement to come. Let Consci_ence then have its Liberty for this Work, and this Difference is at an end.

But it will be said, If Conscience must be free as to it first Act of Directing and Commanding, as well as unto its Self-Judging, it may lead men to all Abominations, Wickedness, Murthers, Sedition and Filthiness; and so a Liberty unto them also must be granted. So I have heard men speak, but I have wondered also that any man that hath a Conscience of his own, or knows what Conscience is, should give entertainment to so fond an Imma_gination: I would ask any man whether ever he found any such direction in his own Conscience, or any Inclination that way? Nay, if he have not constantly found a severe Interdiction given in by his Conscience against all such things? And how can he then conceive it possible that the Conscience of any man should be of such a Make, and Constitution; seeing naturally it is abso_lutely the same in all. Besides, as was said, It is a mans judgment of himself in reference to the future Judgment of God. And this Intimation supposeth, that a man may judge that God at the Last day will approve of Adultery, Murders, Seditions and the like Evils! Which is to suppose all common inbred Notions of God to be blotted out of the mind: Nay it is utterly impos_sible, as implying a contradiction, that any man should consider God as a Judge, as Conscience doth always, and suppose his Ap_probation of the Evils specified, or of any of the like nature and importance: But men will yet say that Conscience hath been pretended for these things. I answer, never by any in their witts. And what any brain-sick, or Enthusiastick Person may say or doe in his Paroxisms, is not to have any place in considerations of what becomes a guidance of the Actions of Man-kind one to_wards another. It is true; that some things as they have been Circumstantiated, have been debated, even in Conscience, whe_ther they have been Lawful or no; that is whether God would approve of them, or condemn them at the last day. But what is evil in its self, and against the light of Nature, there is no directi_on unto it, no approbation of it from Conscience in the least. To take away this Liberty of Conscience in things of its proper Cog_nizance and Duty, seems to me, to be as much as to say, men shall not judge themselves with referrence to the Judgment of God to come; which is to put Gods great Vicegerent out of his place and Throne.

Let us now apply this notion of Conscience unto the present occasion. There is prescribed a way of Divine Worship, with Ceremonies, Forms of Prayer, and Orders for the Administrati_on of Sacraments, all things that concern the Joynt and Pub_lique Worship of God. What is the Work or Duty of Consci_ence in reference hereunto? Is it not, in the first place, to ap_ply the Mind and Understanding to consider of what sort it is, in referrence unto the future Judgment of God? This cannot be denied; the first Actings of a man who makes any Conscience of what he does, must be of this sort. If then it apprehend it to be such as God will approve of the Practice, and Observation of it at the last Day, Conscience is satisfied, and reflects no self-Condem_ning thoughts upon its Observance. But suppose a man doth not understand it so to be; he cannot conceive it to be appointed so by Christ, nor that any men have Warrant, Authority, or Commission to impose on the practice of others what is not so appointed by him. How shall he do to be otherwise minded? Can he force himself to assent unto that, whereunto in truth he doth not assent? Is it in his power so to do: Ask any man who hath an Understanding, whether he can apply it to what he will; that is to assent, or not assent unto what is proposed unto him: All men will assuredly say, that their assent necessarily followeth the evidence that they have of the truth of any thing, and that otherwise it is not to be obtained. The Mind despiseth all vio_lence, or coaction from the Will: Yea, it implys a Contradicti_on that a man should cause himself to assent unto that unto which he doth not assent. Can then other men compell this assent? It is so far otherwise that God himself will not; yea, be it spoken with reverence of his Holiness, cannot force such an assent, see_ing it implies a Contradiction; Namely, that a man should assent and not assent to the same Proposition at the same time: Neither can a man himself force himself, neither can all the men in the World force him, to understand more than he doth understand, or can do so. Men do not seem to have exercised many reflect Acts of Consideration on themselves, who suppose that any can command their Understandings to apprehend what they please, or to assent unto things at their will. These things follow Con_viction and Evidence; and so God himself procures the Assent of Men unto what he revealeth; and otherwise the Understand_ing is absolutly free from all imposition.

If a man then cannot understand these things to be approved of God, and accepted with him; suppose they are so, yet if a man cannot apprehend them so to be, what is the next work that Conscience will apply it self unto? Is it not to declare in the Soul, that if it practise these things, God will judge it the Last Day, and pronounce Sentence against him? For Conscience, as was said, is a Mans Judgement of Himself and his Moral Actions, with respect unto the future Judgement of God. And I am per_swaded that this is the condition of Thousands, in reference to the present Impositions. Their Apprehensions and Judgements of themselves in this Matter, are to them unavoidable and insu_perable. It is not in their power to think otherwise than they do, nor to judge otherwise of themselves in reference unto the practise of the things imposed on them, than they do. Neither can all the men in the World force them to think or judge otherwise. If ever Light, and Evidence unto their Conviction of the Contrary, is imparted to them, or do befall them, they will think and judge according to it; in the mean time, they crave that they may not be forced to act against their Light and Consciences, and so unavoidably cast themselves into destruction. All then that some desire of others, is, That they would but give them leave to endeavour to please God; seeing they know it is a fearful thing to fall into his Hands as an Avenger of Sin. God deals not thus with Men; for although He requires them to believe whatever He reveals, and proposes as an object of Faith, and to obey whatever He commands, yet he gives them sufficient evidence for the one, and Warranty of his Authority in the o_ther; and himself alone is JUDGE of what Evidence is so sufficient. But men can do neither of these: They can neither give Evidence to their Propositions, nor Warrant to their Au_thority in their Impositions in Spiritual things, and yet they ex_act more than doth God himself: But so it is, when once his Throne is invaded, his Holiness, Wisdom, and Clemency are not proposed to be imitated, but a fond abuse of Soveraignity alone, is aimed at.

To impose Penalties then inforcing men to a Compliance and Acting in the Worship of God, contrary unto what they are Convinced in their Consciences to be his Mind and Will, is to en_deavour the inforcing of them to reject all respects unto the fu_ture Judgments of God; which as it is the highest wicked_ness in them to do, so hath not God Authorized any of the Sons of men, by any means to endeavour their Compulsion unto it. For the former of these, that men may Act in the things of God, contrary unto what they are perswaded he requires of them; I suppose none will ever attempt to perswade themselves or others. Atheisme will be the end of such an Endeavour.

The sole Question is, Whether God hath Authorized, and doth warrant any man, of what sort soever, to compell others to Worship and serve him, contrary to the way and manner that they are in their Consciences perswaded that he doth accept and approve. God indeed where men are in Errours and Mistakes about his Will and Worship would have them taught, and In_structed, and sendeth out his own Light and Truth to guide them, as seemeth good unto him.

But to affirm that he hath Authorized men to proceed in the way before mentioned, is to say, that he hath set up an Au_thority against himself, and that which may give controule to His.

These things being so, seeing Men are bound Indispensably not to Worship God so as they are convinced and perswaded, that he will not be Worshiped; and to Worship him as he hath Ap_pointed and Commanded, upon the Penalty of Answering their Neglect and Contempt hereof with their everlasting Condition at the last day; And seeing God hath not Warranted or Autho_rized any man to inforce them to Act contrary to their Light, and that perswasion of his Mind and Will which he hath given them in their own Consciences; nor to punish them for yeilding Obedi_ence in Spiritual things unto the Command of God as his mind is by them apprehended, if the things themselves, though mistaken, are such as no way interfere with the common Light of Nature or Reason of Man-kind, the Fundamental Articles of Christian Religion, Moral Honesty, Civil Society, and Publike Tranquili_ty: especially if in the things wherein men acting, as is supposed, according to their own Light and Conscience in difference from others, are of small Importance, and such as they probably plead are unduly and ungroundedly imposed on their Practice, or Pro_hibited unto them, it remains to be considered whether the grounds and ends proposed in Exercise of the Severity pleaded for, be agreeable to common Rules of Prudence, or the state and condition of things in this Nation.

The ground which men proceed upon in their resolutions for Severity, seemes to be, That the Church and Common-Wealth may stand upon the same Bottome and Foundation; that their Interest may be every way the same, of the same breadth and length, and to be mutually narrowed or widened by each other.

The Interest of the Kingdome they would have to stand upon the Bottome of Uniformity: So that the Government of it should, as to the beneficial ends of Government, comprehend them on_ly, whom the Church compriseth in its Uniformity; and so the Kingdoms Peace, should be extended only unto them, unto whom the Churches Peace is extended. Thus they say, that the Kingdom and the Church, or its present Order and Establish_ment, are to be like Hypocrates Twins, not only to be Born to_gether, and to Die together, but to cry and laugh together, and to be equally affected with their mutual Concerns: But these things are evident mistakes in Policy, and such as Multiplied Ex_perience have evidenced so to be. The Comparison of Monar_chie or the Fundamental Constitution of the Policy and Govern_ment of this Nation, with the present Church-Order, and State, Established on a Right, mutable and changeable Laws; And which have received many alterations, and may at any time when it seems good to the King and Parliament receive more; is expressive of a Principle of so evil an Aspect towards the solid Foundation of the Policy of this Nation, as undoubted_ly those who are principally concerned in it, are obliged not to admit an avowance of. For whereas it is not the Gospel in gene_ral, nor Christian Religion, or Religion considered as it best corresponds with the Gospel, or the mind of Christ therein, but the present Church-Order, Rule and Policy, that is intended, all men know that it is Founded in, and stands solely amongst us, on such Laws, as is usual with Parliaments to Enact in one Sessi_on; and to repeale in another, or at least to Enact in one Age, and to repeale in another, according as use and Experience ma_nifests them to be conducing, or obstructing unto Publick Good. And whereas the constitution of the Civil Government of the Nation, is built upon no such Alterable or Changeable Laws, but hath quite another Foundation, Obnoxious to Nothing, but to the All-over. Ruling providence of the most High, it is a great shaking and weakning unto its Fixation and Interest in the minds of Men, to have it compared with things every day alterable at pleasure. And the attempt to Plant the Kingdomes Peace, on the Foundation of the Churches Uniformity, which may on a thousand occasions wherein the Peace of the Kingdom of it self is not in the least concerned, be narrowed unto a Scantling wholy unproportionate unto such a Superstruction, is without doubt as great a mistake in Government as any persons can fall into. All the World knows, how full at this day it is of various Opinions, and Practises in things concerning Religion; and how unsuccess_ful the Attempts of all sorts have been for their Extinguishment. It is no less known, as hath in part already been discoursed, how unavoidable unto Men, considering the various Alotments of their Condition in Divine Providence, their different Appre_hensions and Perswasions about these things are. He therefore that will build the Interest of a Nation, on an Uniformity of Sen_timent and Practices in these things, had need well fix this float_ing Delos, if he intend not to have his Government continually tossed up and down.

The true Civil Interest of this Nation, in the Policy, Govern_ment, and Laws thereof, with the Benefits and Advantages of them, and the Obedience that is due unto them, Every English-Man is born unto; he falls into it from the Womb; it grows up with him; he is indispensably engaged into it, and holds all his temporal Concernments by it: He is able also by Natural Rea_son to understand it, so far as in point of Duty he is concerned, and is not at liberty to dissent from the Community. But as for Religion, it is the Choice of Men; and he that chuseth not his Religion, hath none: For although it is not of necessity, that a Man formally chooses a Religion, or one way in Religion in an opposition unto, and with the rejection of another; yet it is so that he so chooses in opposition to no Religion, and with Judge_ment about it, and approbation of that which he doth embrace, which hath the nature of a voluntary choice.

This being the Liberty, this the Duty of every Man, which is, always hath been, and probably always will be issued in great vari_ety of Perswasions, and different Apprehensions, to confine the Peace and Interest of Civil Societies unto any one of them, seems scarce suitable unto that Prudence which is requisite for the stee_rage of the present state of things in the VVorld. For my part, I can see no reason the Civil State hath to expose its Peace unto all those Uncertain Events which this Principle will lead unto. And it seems very strange, and I am perswaded that on due Con_sideration it will seem strange that any should continue in desire of confining the bottom of the Nations Interest in its Rule and Peace, unto that Uniformity in Religion, which as to a firm Foundation in the Minds and Consciences of Men, hath dis_covered it self to be no more diffused amongst the Body of the People, than at present it is, and from which such Multitudes do, upon grounds to themselves unconquerable, dissent; resolving to continue so doing, whatever they suffer for it; who yet otherwise unanimously acquiesce in the Civil Government, and are willing to contribute to the utmost of their Endeavours, in their several places, unto its Peace and Prosperity.

Whatever therefore be the Resolution as to a present procedure, I heartily wish that the Principle it self might for the future be cast out of the Minds of Men; that the State and Rule of the Nation, might not by plausible and specious pretences, suited to the interest of some few Men; be rendred obnoxious unto im_pression from the variety of Opinions about things Religious, which as far as I see, is like to be continued in the VVorld.

Especially ought this consideration, if I mistake not, be appli_ed unto those Differences about which alone this Discourse is intended; namely, those which are amongst men of the same Re_ligion in all the Substantials of it, and which having been of long continuance deduced from one Age to another, are greatly diffu_sed, and deeply rooted in the Minds of Men; being such also, as no countenance can be given to act severely towards them, from any thing in the Scriptures, or practise of the first Churches in the VVorld.

And I hope it will never more amongst sober and dis-engaged persons be said or thought, that the Interest of England, or of its Rule and Government, is in any thing confined unto a precise determination of the Differences in the Minds and Consciences of Men, so that those who are of one Mind in them, and would impose the Apprehension and Practise of their Perswasion upon others, should be alone comprehended therein.

But let the Ground of this Severity in proceeding against Dis_senters be never so weak or infirm, yet if the End proposed in it be accomplished, the Counsel will appear at last to have been adviseable. What then is the end of these things, of this Severity so earnestly pressed after, to be engaged into? Suppose the best appearing Success that in this case can be supposed, and all that seems to be desired; namely that by External Force and Compulsion, Men be brought unto an Outward Conformity in, and unto the things that are imposed on them. This is the utmost of what seems to be desired or aimed at. For no man surely is so vain as to imagine that Compulsion and Penalties are a means sui_ted to perswade or convince the Minds of Men. Nay, Com_monly it is known, that they have a contrary effect, and do ex_ceedingly confirm men in their own perswasions, and into an alie_nation from the things they are compelled unto.

Suppose then this End to be obtained: Is there better Peace or Establishment assured to the present Church-Order thereby, than what it may enjoy whilst Men have their Liberty to profess their dissent? Both Reason and Experience do testifie the con_trary.

Nor will the Church find any more dangerous Opponents, upon any emergent occasion, than those who have been compelled to Uniformity against their Conviction. For bearing their Condi_tion always as their Burthen, they will not be wanting unto an opportunity to ease themselves of it.

And it may be sundry Persons now vested with Ecclesiastical Power, if they would recollect their former Thoughts and Ex_pressions, might remember that they both conceived and declared their mind to this purpose; that former Severities in the like kind, were unduly and disadvantagiously pursued against that strong inclination in so many unto an Indulgence, and Freedom from their Impositions, which surely they cannot think to be now lessened or weakned.

But present Power is apt to change the minds of Men, and make them neither remember what were their former apprehen_sions, nor foresee what would be their thoughts upon a disap_pointment in their present Undertakings.

But neither yet can this rationally be supposed; nor is it pro_bable in the least, that the outward Conformity intended, will ever be obtained by Rigor; especially where the reasons of it are so remote from influencing the Consciences of Men. For what_ever Arguments may be used for a Restraint to be put upon Con_science, in things concerning Faith and the Worship of God, which must be taken from the nature of the things themselves, are utterly superseded and made useless, by the nature of the Diffe_rences that are in contest between the Imposers, and those that deprecate their Impositions. For as very little hath been done, especially of late, to prove the Lawfulness of the things imposed, nothing at all to assert their Necessity; so the nature of the things themselves, about which the difference is; quite casts them out of the compass and reach of those Arguments which are pleaded in the case of Coercion and Penalties in the things of Religion or the Worship of God. For if men should be able to prove that Heresies and Idolatries are to be punished in the Persons of them that do assert them: no Conclusion will or can be thence made, as I suppose, for their Punishment and Ruine, who by the Con_fession of them that would punish them, are neither Hereticks nor Idolaters.

Force must stand alone in this case; and what small Influence it is like to have on the practices of Men, when it hath no pre_tence of Reason nor Judgment, wherein Conscience is concerned to give its countenance, is not uneasie to determine. Nay experi_ence hath sufficiently in most places baffled this attempt: Vio_lence hath been used in matters of Religion to the shame and stain of Christianity; and yet never succeeded any where, to Ex_tinguish that perswasion and Opinion which it was designed to extirpate.

It may be; for a while indeed, and sometimes it may obtain such succese, as to seem to have effected the end amed at. But still within a short space, mostly in the compass of the same Age, it hath been manifest, that it hath but laid in Provision for future trou_bles, Oppositions, and Animosities.

Let the Prelates, or Rulers therefore of the Church advise, press unto, and exercise this Severity whilst they please; They may as evidently see the Issue of it, as if it were already accomplished. Some may be ruined, Multitudes provoked, the Trade of the Nation obstructed, some few be inforced unto an Hypocritical compliance with what is against the Light of their Consciences, compassion be stirred up in the residue of the People for innocent Sufferers, and by all Indignation against themselves and their ways encreased; considering what are the things about which these differ_ences are, How deeply rooted a dissent from the present Establish_ment is in the minds of Multitudes: For how long a season that perswasion hath been delivered down unto them, even ever since the first Reformation, gradualy encreasing in its Sufferage to this day, the Advantages that it hath had for its Growth and Improvement, with successes evidently suitable unto them, and re_solution that mens Spirits are raised unto, to suffer and for_go the utmost of their earthly concernments, rather than to live and die in an open Rebellion to the commanding light of God in their Consciences: It is the utmost vanity to have other Expectations of the end of such a course of Rigor and Prosecu_tion.

In the mean time, I am sure whoever gets by Persecution, the King looseth by it.

For what if some Officers of Ecclesiastical Courts have been inriched by the booty they have got from Dissenters? What ad_vantage is it all this while to the Kingdom? when so many Families are Impoverished, so many ruined, as are by Excommuni_cations and Imprisonments ensuing thereon, so many more dis_couraged from the exercise of their Faculties, or improvment of their Stocks, so many driven beyond the Seas; and yet all this nothing, unto what in the same kind, must and will ensue, if the course sometimes begun should be pursued. To me it seems that an attempt for the pretended Conformity, (for attained it will never be) is scarce a due Compensation for his Majesties loss in the diminishing of his Subiects and their Wealth, wherewith it is and will be certainly attended: Besides! to ruine men in all their Substantials of Body and Life, for Ceremonies, and those our own Country-men and Neighbours, seems to car_ry with it somewhat of that severity which English-men after the subsiding of the impetuous Impressions of Provocations, do naturally abhor, and will not long by any means give Counte_nance unto.

On the Consideration of these things, and other doubtless of more deep Investigation, his Majesty hath often declared, not only his Resolution to grant the Indulgence Intimated in his Graci_ous Declaration to that purpose, but also the exceeding Suitable_ness of those Intentions unto his own Inclination and Clemency. The Advantages which have already ensued unto the Nation, in the Expectation of Indulgence have been also remembred, and repeated by him with an uncontrouleable Manifestation of its conducibleness for the future, unto the Peace and Prosperity of the Kingdom. And it seems very strange, that so Noble and Royal Dispositions, such Thoughts and Counsels of Wisdom and Au_thority, such Projections of Care and Solicitude for the King_doms Good, should be all Sacrificed to the Interest of any one Party of Men whatsoever.

I cannot but hope, that His Majesty will re-assume those blessed Counsels of Peace: Especially considering that the Spi_rits of Men are singularly disposed to receive and put a due Valu_ation upon the Execution of them. For all those who desiring an Indulgence, though differing amongst themselves in some things, do joyntly cast their Expectations and Desires into a de_pendance on His MAJESTY, with Advice of His PARLIAMENT.

And as notwithstanding their Mutual Differences, they are united in this Expectation, so may they be made Partakers of it: Although in other things their Differences continue, they cannot but agree in Loyalty and Gratitude: When the Denyal of it unto them, although they still differ in other things, will reconcile their Mindes in regret against the Impositions they Joyntly undergo.

And, whereas men have by the Fears, Dangers, and Sufferings which they have passed through, evidenced to all the World, that the Liberty and Freedome of their Consciences is of more con_sideration with them, than all other things whatever; and have learned themselves also how to esteem and value that Liberty, without which they are sensible how miserable their Condition is, and is like to be, it is impossible that any stronger Obligati_on unto Peaceableness Loyalty, and Thankfulness, can be put upon the Subiects of any Nation, then a Grant of the Indulgence de_sired would put upon Multitudes in this. This would set their minds at Liberty from Fears and Contrivances for the Avoidance of Impendent Dangers; incourage them to engage the utmost of their Endeavours and Abilities in the businesses of Peace and Se_curity, leaving them no Fears, but only of any Disturbance of the state of things, which hath secured unto them all their prin_cipal Interests in the World.

And how foolish, senceless, and unbecoming of Men, would any other Thoughts be? To think, That Men who have given this Evidence at least, That they are such as exercise A Good Conscience towards God and Others, in that they have suffered for it, and are ready yet farther so to do, should not despise and contemn all suggestions of unpeaceable Dispositions, or should suppose that they have any Community of Interest with such as being not concerned in Conscience with them; at least not so far as to evidence it to be their Chief and Principal Interest, as theirs it is; or to have any Inclination to the Disturbance of the Pub_lique Tranquility, wherein all their Desires and Aims are se_cured; Is to judge by such Imaginations of Folly, Madness and Wickedness, as Those who use these Pretences, would be loth to be judged by; although They have not given that Testimony of Their Respects unto Conscience, which the Others have done.

And hereby, whereas the Parliament have been necessitated through the Exigence of the publique Affairs, to engage the Na_tion in payments not passed through without difficulty, they will, as was said, put a real and effectual Obligation upon great multitudes of Men, without the least semblance of Disadvan_tage unto any others.

Neither is this a matter of any Expence, but only of Ge_nerous Clemency in themselves, and the deposition of Wrath, Envy, and Revenge in some few others; things that may be parted withal, without the least detriment unto humane Society. And, as it is in the Matter alone of Indulgence, and Conscience, wherein the People are capable of a sensible Obligation, others not concerned therein, being apt to think that all which is done for them, is but their due, and less sometimes then is so; those Partakers of it, by an avowment of the favour received, will be in their own minds indispensably bound to promote the common Interest of Publique Good.

It is true indeed, that the Parliament have thought meet some years past, to direct unto another course of Proceedure: But Dies Diem Docet.

And wise men are never wont pertinaciously to adhere unto the pursuite of Conjectures and Projections about future Events; Such as former Laws were Suited unto, against Experience, and those second Thoughts which a new consideration of things may suggest unto them: Besides the alterations of Affairs in many concernments, may fully justifie the alteration in Resolutions pleaded for; which is not such neither, as to be contradictory unto any thing already Established, but what may be brought in_to Compliance with it, and Subordination to it: They may say of what is past, as was by one said of old: Res dur� & regni Novitas me talia cogunt.

The present Assurance of publique Peace and Tranquility, ad_mitts of Counsels impartially tending to the Good of all, unin_fluenced by a mixture of Fears and Jealousies.

But suppose the Peace and Prosperity of the Nation to be much Secured and Advantaged by an Indulgence, as undoubtedly under the Protection and Blessing of God, it will be; yet I have heard some say, and it is commonly pleaded, That the Church will not be able to keep its Station, or to retain its Members in compliance; but they will many, if not most of them, make use of the Liberty desired; especially if it be for and unto Prote_stants, which must be prevented. Now this I confess seems strange to me, that any such events should be feared or ex_pected.

Those who make this Objection, Suppose the Church to be really possessed of Truth and Order in the matters that are in difference; They express every day not only the great Sence they have of the Learning, Ability and Piety of the Clergy, but are ready also on all occasions, to contemn their Adversaries, as men Unlearned, Weak, and Inconsiderate. It is also granted that all outward Priviledges, Incouragements, Advantages, Pro_motions, Preferments, Dignities, Publick Conveniencies, Legal Maintainance, are still to be confined unto the Church, and its Conformists; as also that those who desire the benefit of Indulgence, must together with an Exemption from all these, pay all Dues required by the Law to them; and if they will joyn themselves unto others, besides a Deprivation of the great conveniencies of their usual places of Assemblies, and their Le_gal Interest in them, and the Inconveniencies of repairing unto other Assemblies, it may be far remote from their Habitations, contribute also to the Maintainance of their Teachers where it is indispensably needed.

If I say, all these and the like Considerations, with a Reputa_tion of publick Favour, and regard with Authority, be not suf_ficient to preserve and secure the Church in its Station, and its Members in the Communion of it, It is evident that they are things which have no Foundation in the Consciencies or Minds of Men, but stand meerly on the props of Law and Power. Which if true, is yet a Secret which ought not to be divulged.

I confess Chief Justice Hubbart, in his Reports, in the Case of Colt, and the Bishop of Coventry and Litchfield, says, That though it be de Jure Divino, that Christian People be provided of Christian Officers and Duties, as of Teaching, Administration of the Sacraments, and the like, and of Pastors for that purpose; and therefore to debar them wholly of it, were expresly against the Law of God; yet all other things, as he there shews, are not so: For (saith he) We know well that the primitive Church in her greatest purity, were but Voluntary Congregations of Believers, submitting themselves to the Apostles, and after to other Pastors, to whom they did minister of their Temporals, as God did move them. A liberty for which state is pleaded for, the thing it self being owned to be according to the Pattern of the Primitive Church in her greatest Purity.

And if it be so as he speaks, all other Orders and Observances in the Church, must be built onely on Law and Custom. But yet such is their Force also on the minds of Men, that as atten_ded with the advantages and conveniences before mentioned, and fenced by the inconveniences and disadvantages which attend Dissenters; the Differences also contended about, being of no more weight than they are; there is no doubt but the most of men, at least to the full as many as without force to Consci_ence, will do so under the severest Penalties to the contrary, will continue their adherence to the present Church-state, although the Liberty of the dissent desired, should be indulged.

It may be this suggestion of Peace and Moderation, may not have an equal rellish unto all Pallats, nor find a like reception in the minds of all. The Interest of some, and the Prejudices of others, are so important with them, as that they cannot attend unto impartial Reason in this matter. I am perswaded that some have scarce any better or more forcible Argument, to satisfie their own Minds that they are in the right in Religion, than the inclination they find in themselves to hate and persecute them whom they suppose to be in the wrong; or at least that they can no longer believe that to be Truth which they profess, than whilst they are willing and ready to destroy with violence that which is contrary unto it. For what is forborn, they suppose must needs be approved; all which are so palpable misapprehensions, as there needs no Endeavour to lay them open.

It is far enough from being an evidence of Truth in any, that they are ready to destroy them that are otherwise minded. It is Errour and Superstition, which being conscious of their own weakness, are impatient until their Contraries are ruined. And never are there such Mutual Violences in Matters of Religion, as where the several opposite Parties are all of them most grosly er_roneous and superstitious.

The Egyptians were of old the scorn and sport of the World for their Devotions in general: Oxen, Apes, Crocodiles, Garlick, and Onions, being some of the best of their Deities: And yet about these they had amongst themselves such endless Animosities, and mutual Persecutions of one another, as can scarce be paral_lell'd. So he tells us:

Immortale odium & nunquam sanabile bellum, Ardet adhuc ombos & Tentyra; summus utrinque Inde furor vulgo, quod numina vicinorum Odit uterque locus.

And what was the ground and occasion of the Quarrel? &horfill; Crocodilon odorat Parsh�e, illa pavet saturam Serpentibus Ibin. Their Controversie was about the Worship of a Crocodile on the one hand, and of a Fowl that devoured Serpents, on the other.

Neither is the Difference of much more importance, or managed with much more moderation, which is at this Day between the Turks and Persians, about the true Successors of Mahomet.

So little Reason have Men to please themselves with a surmize of being possessed of the Truth, by the inclination that they find in themselves to persecute the contrary: Seeing such an in_clination is an inseparable Companion of Error and Superstition, and is generally heightened to Cruelty and Revenge, according as Men by them are drenched in Folly and Blindness.

It is yet pretended by some, That such a Toleration as will satisfie them that desire it, and secure the Publique Tranquility, however it may please in the notion of it, will yet be found un_practicable when it comes to be examined and instanced.

But it is evident that these pretences must be countenanced by some peculiar Consideration of this Nation, and Government thereof; seeing the utmost of what is here desired, is both esta_blished and practised in other Nations. The whole of it is plain_ly exercised in the Kingdom of France, where the Protestants paying all Duties to the Church, sustaining all Burthens and Of_fices in the Commonwealth, equal with others, are freed from Ecclesiastical Courts, Censures, and Offices, and all Penalties for their Dissent, with an allowance for the Worship of God in their own Assemblies, provided by themselves, and known to the Magistrates under whose Jurisdiction they are; which is the sum of all that is here desired. The like Liberty, if I mistake not, is granted to the French and Dutch Churches here in England. The United Provinces of the Netherlands have continued in the same practise ever since the Reformation. So also hath the Kingdom of Poland, where the Dissenters are both numerous, and divided among themselves. Lutherans are tolerated in the Do_minions of the Pauls-grave, Elector of Brandenburg, and Landt_grave of Hassia: So are Calvinists in many free Cities of the Empire; in some places of the Kingdom of Denmark: And both Lutherans and Calvinists in sundry Principalities in Germany, whose Magistrates are of the Roman Religion. In the Hereditary Dominions of the Emperour, where-ever Difference in Religion once made an entrance, either a Forbearance and Toleration is granted and continued, as in Hungary; or the Countries them_selves have been made utterly waste and desolate, as Bohemia and Moravia, and yet in a great measure continue so to be. The Attempts of the Duke of Savoy against it, have been condem_ned, detested and abhorred, by all Princes of the same Religion with himself, and yet have ended in some tollerable forbearance. It is also known, that the Kings of England have by vertue of their Power in things Ecclesiastical, in all Ages as occasion required, and as they saw meet, exempted Persons and Societies from the common and ordinary course and way of Church-Dis_cipline and Inspection.

Certainly therefore the unpracticableness of such an Indulgence lies in the desires of them, whose Interest, as they appre_hend, is opposite unto it; although it is more probable, that their Moderation known and declared in this matter, would give them a greater Interest in publique Esteem and Veneration, then by any other ways they are like to obtain. Neither is this at all by wise men to be despised, who are able to foresee the probable events of continued Exasperation. Why then should men pre_tend, that that cannot be done, which hath been done, and is done at this day in so many Kingdoms and Nations, with the wished-for success by Peace and Happiness?

And as it may be very few Instances can be given of such Se_verity against Dissenters, who come up to so full an Agreement in all material things with them from whom they dissent, as that of late practised, and still pressed for in England; so it will be found, that whether we respect the Nature and Temper of the People of this Land, or the admission of the Principles of Dis_sent, with the grounds of them, in Multitudes; or the Resolution to undergo all Difficulties and Sufferings, rather than to transgress against the Light of their Consciences; or their Va_luation of Forbearance above all Secular Things whatever: There is no Nation under Heaven, wherein such an INDULGENCE or TOLERATION as is desired, would be more Welcome, Useful, Acceptable, or more subservient to Tran_quility, Trade, Wealth and Peace.

&horbar FINIS. &horbar Errata. |CRE |Y1674 A JUST REBUKE TO One & Twenty Learned and Reverend DIVINES (So called) Being an Answer to an Abusive Epistle a_gainst the People call'd Quakers, subscrib'd by Thomas Manton, Thomas Jacomb, John Yates, John Sheffeld, Anthony Palmer, Thomas Cole, Thomas Doelittel, Richard Baxter, William Cooper, George Griffith, Matthew Barker, John Singleton, Andrew Parsons, Richard Mayo, Thomas Gouge, William Jenkyn, Thomas Watson, Benjamin Needler, William Carslake, Stephen Ford, Samuel Smith, &horbar By William Penn. &horbar Quid enim iniquius, quam ut oderint homines quod ignorant, etiamse res meretur odium, Tertul. Apologet. &horfill; The Lord, frustrateth the Tokens of the Stars, and ma_keth Diviners mad, that turneth wise Men backward, and maketh their Knowledge foolish, Isa. 44. 24, 25. &horbar Printed in the Year 1674. &horbar A JUST REBUKE TO One and Twenty Divines, (So called) &c.

THe CAUSE of the GOD of TRUTH hath rarely wan_ted the Endeavours of men of greatest Power and Lite_rature in almost every Age to slander it, nor the constant Adherers to it, contumelious Treatment for their Integrity: No Virtue hath been so Conspicuous, no Quality so Great, no Relation so Near, as to protect them from the Fury of blind Tradition and prejudic'd Education. But as this ought not to discourage any that pursueth so Good and Heavenly an Interest, especially, when the Invincible Faith, Patience and Hope of those Holy Ancients that so heartily espoused it, stand before us as so many bright Examples and Encouragements; so neither have the many and great At_tempts of Men of divers, yea opposite Interests, to render us Unfit for the Earth, and (what in them lyeth) to invalidate our Claim to Heaven, abated one Grain of our Love to, Confidence in and Zeal for that worthy Cause: And Blessed be the God and Father of our Lord Jesus Christ, their Essayes have been Insuccessful, their De_signs frustrated, and not one of their Weapons form'd against our Sion hath yet prospered; But &horfill; Crescit sub pondere Virtus. These very Sufferings God hath turn'd to our Enlargement, daily rewarding our Tribulations with Patience, and our Conflicts with Joy in the Holy Ghost; fulfilling to us that comfortable Saying of the Apostle, All things shall work together for good to them that love him. Having this Encouragement from God, what Injury so_ever we sustain from Men, well may we say with that Kingly Pro_phet, Whom should we fear? Of whom should we be afraid?

With that Godly Resolution, which becometh the Justness of my Cause, I enter upon my present Work, and first of the Occasion.

We have been long threatn'd with a Report of the joynt-Endea_vours of many Ministers, which rais'd several into an Expectation of some notable Piece, some grave and moderate Disquisition of what had been as frivolously as fouly mannaged by our other petu_lant Adversaries, that the Controversy so long depending, might terminate with some Advantage to such as had made any sober En_quiry after it; but we had no sooner received and lookt into the Book, then we saw our selves under a very great Disappointment; for instead of some New Essay behold! an Old Discourse new vampt, or a new Impression of a Book twice largely consider'd, and some think, effectually Answer'd, I mean, John Faldo's Quakerism no Christianity, but now recommended, as the Title-page tells us, by the Epistles of many Learned, and Worthy Divines.

But since it hath pleased so many Persons under that Character, to fall in with his Discourse against us, to Commend it so highly, Re_commend it so earnestly, and bestow so liberal an Elogie on him that wrot it, I think I may without any the least Injustice, look upon them as Authors of this Impression, and consequently (by espousing his Endeavours) Responsible to the People call'd Quakers, for all those Miscarriages therein rightly chargable by them upon him: And I no waies doubt, through God's Assistance to evidence their Concern in this Affair to carry with it an utter Inconsistency with that Superbe Title they have either given themselves, or the Au_thor or Bookseller conferr'd upon them for the good turn of their so seasonable Epistle, viz. LEARNED, REVEREND and WOR_THY DIVINES; Words that make a fine jingle, and please and blow up Vain People at a strange rate.

The first Paragraph of their Epistle is a great Truth, both wor_thy of the Minds of good Men, and necessary to be consider'd at any's Entrance into the Judgment of another's Cause; It runs thus:

One and Twenty Divines.

That, as God is the Wise Distinguisher of Good and Evil; and so loveth the Good in any, as not to abate his Hatred of their Evil; and so hateth the Evil, as to love all that is Good; So is it no small part of the Wisdom and Integrity of his Servants to Imitate him herein; and not like Men blinded by Partiality, to justifie all in those whom they like, and Vilifie all in those whom they dislike, &c.

W. P.

One would think by this that you had Imitated God in your Conduct towards the Quakers; and doubtless you writ it, that those that read it should think so: but why? I know not; unless be_cause you looking upon your selves his Servants, such ought to do so or else to give greater Credit to your Work then your selves perhaps believe it deserves: But let us hear what Use you the great Men of Uses, make of this Introduction; I find it in the next Paragraph in these Words.

One and Twenty Divines.

This Justice we must and will observe towards this People, called, Quakers, &horfill; The Fear of God and Love of Truth forbids us to ren_der them Worse or Better then they are.

W. P.

Better! there is little Fear you will: You may turn Pelagian in the Case, and exclude all Divine Assistance; for I hope none are so igno_rant in this Age, as to think that Men of our Stamp need special Grace to keep you from the Sin of rendering the poor Quakers Better then they are: How much Worse will be the Question? I confess, you say fair; but what if you break your Word with us? Must not your Censure of us fall upon your own Heads? And will it not be reasonable for us to interpret your Use of so true an Expression to be a Trick to decoy People into a Belief, that you had taken right Measures of us, whilst you have really dealt most unjustly with us.

Let me a little expostulate with you in this Matter. You have either read or not read the Book ye recommend: If you have not read it, certainly you have done very Ill to recommend it, since you know not what you recommend: which is not to Imitate God, or do the Quakers Justice: If you have read it, you manifestly entitle your selves to all the Evils of it. Again, since the Strength of the Book depends upon Testimonies out of our Writings: either you have compared his Citations with the Books themselves, or ye have not; if you have not (and I am apt to think that's your Case) you commend him, and condemn us by rote: If you have compared and considered them, you must needs have offered great Violence to your Understandings in giving your Ap_probation, which anon we shall so undeniably evidence, as it would have been comparatively your Virtue, to have recommended the Book without reading it or examining the Citations.

Besides, the most of what he chargeth upon us to be our Prin_ciples, are not so laid down by any one of us, nor, say we, sayable by any of us upon our real Principles; but are such Consequen_ces as he through Ignorance or Malice hath indirectly drawn from our Words: For Instance, That there is no other Judgment, Heaven or Hell, then what is within us in this Life; Which is so far from being our Principle in Our Words, that it is as inconsistent with the Truth of our Creed, as Darkness is with Light: Charge this upon him , and he will tell you, I doubt not, That this is not the Quakers Faith in terminis, but the Consequence of it; but then it is to be observed, that he must have the making of it. I would fain know of you, if you would be so treated with the Respect to the Articles of your own Creed? Would you esteem it just in me, to give my Consequence for your Principle, supposing I thought it a true Consequence, especially if you reject it? For Example; You are most, if not all of you, strict Calvinists in the Point of Election and Reprobation; would you take it for a candid Representation of your Judgment, that I should proclaim it to the World, T. Manton, T. Jacomb, &c. believe, That God is the Author of Sin; That God's Secret Will crosseth his Revealed Will; That no Man is oblieged by the Laws either of God or men; That Men are not the Cause of their own Destruction; That there are neither Rewards nor Punishments, &c. because perhaps I believe those Consequences to be deducible from the Calvinistical Principle? I am perswaded you would look upon me as an Injurious Person in so doing; yet this hath been the Practice of your Reverend Author J. Faldo: and which is less to your Credit, you have notwithstanding commended him in it, which, how well it suits with One and Twenty Learned and Reverend Divines, I leave to their Judgment who understand what Persons of such a Chara_cter ought to do and be. But I hope you do not think this to be Imitating of God; if you do, your Case is desperate.

But had your Carriage been less blamable in these Particulars, it had not only been your Discretion, but Duty, to have enquired if ever any thing had been writ in Answer to this Discourse you re_commend, by any of that People that it was writ against; if there had, to have procured and perused it, before you had so freely spent your peremptory Judgment against us.

You generally fling Infallibility at us, though it be about Matters of highest Importance to Salvation, as if it were a Capital Sin to be assured of what a Christian ought not to make a Doubt of, and yet nothing below asscribing such an Infallibility to your Reverend Au_thor, can excuse you in not examining him by our Discourses, before you conferr'd so kind an Epistle upon his Book: I ask you, if the like Practice would please you in your own Case? you have prov'd, it doth in ours, which makes not for your Honour: Some of you are Writers your selves, and thereby have ascended to no small Degree of Fame for some thing or other; tell me honestly if you would think it a Piece of Justice in any Class of Men to recommend a Book most abusive of your Religion to the World, for an In_genious Essay, an Exact Account of your Belief, a Tract that in Matter, Proof and Style (your own Words) merits the Notice of all such as desire an Information concerning your Principles of Religi_on, whilst you both disown the Principles of Religion it calls yours, and in Two large Answers have detected him of several hundred Miscarriages against your Persons and Principles? I am perswaded you will provide better for your selves. But if you must needs be so liberal, me thinks your Recommendation had been better be_stow'd upon his Vindication, since his writing That, proveth, This wanted it; and if it wanted it then, it wants it still, and yet it seems the Book Vindicated must be the Defence of the Vindication, and all the Return I am like to have to my Rejoynder, bating The E_pistle of many Learned, Reverend and Worthy Divines, in Praise of such a Book, and such an Author: May none of you, at least in this Temper, be Inquisitors when I am to be examin'd for my Re_ligion!

I shall now fall more closely to the Matter of your Epistle.

One and Twenty Divines.

The Quakers preach another Gospel, and endeavour to seduce well_meaning Souls, to whom they speak in unintelligible Words, and from whom they hide the Poyson of their Antifundamental Doctrines.

W. P.

Here is a great deal in a little, and very sowerly said: Were it as True as it is False, the Day were yours.

You say, We preach another Gospel: You do but Say it, and I thank God, You can Do no more. But doth it become One and Twenty Learned and Reverend Divines, to give so general and black a Charge, without making any the least Offer to Prove it ? Is not this to Calumniate rather then to confute us? If you say, your Reverend Author, John Faldo, hath done it for you, I must tell you, that he is an Irreverent Abuser of God, the Christian Religion and the Quakers; and which is more to my Contentment, whatever it be to his and yours, Some, and No Quakers too, think, I have prov'd him such. And let me ask you, If it be Another Gospel, To own Remission and Eternal Salvation by the Son of God, both as he appear'd above 1600 Years ago in the Flesh, and as he reveals himself within in Power and Spirit? What is the Gospel or Glad Ti_dings, but Deliverance from Sin here, and Wrath to come? And what can effect this, but the Powerful Grace of God that bringeth Salvation, which is dispens'd by Him to all men, who is full of Grace and Truth?

For the other part of your Accusation, That we should Say one thing & Mean another; It is by Consequence, to call us the worst sort of Knaves, by how much a Deception in matters of Eternal Moment, is more impious then any Cozennage about things of this Life; and yet you would be thought Charitable Men, and say, We want it: Is this the Way to supply us? But I would willingly know of you, By what Skill you arrive at the Knowledge of our Hearts? Inspiration is one part of our Heresy, if your Reverend Author is to be credited: The Scripture can not be your Rule in the Point; for that nowhere saith, The Quakers Say one thing and Mean another: and if you measure us by our Words, you must grant, that either you do not understand us, or we mean very Good Things; for you elsewhere say, That our obnoxious Tenets we usu_ally mask under Expressions Doubtful, Unintelligible or under Scri_pture and Orthodox Phrases: If Doubtful, your Consequences can not be Certain; If Unintelligible, you infer that which you do not know; If Scriptural and Orthodox, you must either tell us, how you come to know our Meanings to be Contradictory to our Phra_ses, and prove them such, or you must acknowledge that we stand upon Equal Terms with your selves; I do not say, upon no better, for as great Infidels as you would have us to be, we have both Dis_cretion and Religion enough, not to write such Abusive and Contra_dictory Things, as so fluently drop from the pens of One and Twenty Learned and Reverend Divines. But your Incharity far exceeds your Indiscretion; You make us to know Poyson, and to hide Poyson, giving for Antidotes, Destructives to the Souls of Men and Women. I would fain know, why the Conscience of a Quaker should not be as good as the Conscience of a Presbyterian or an Independent? what Mischiefs have we made our selves Authors of to the World, that it should not be as valid every Jot? Have we no Souls to be sav'd? Is there no Desire in us that they may be sav'd? No Honesty? No Conscience? No Fear of God? All animated to such Evil Pur_poses, as the Wilful Damning of our selves, & the Proselyting others into Eternal Misery; and rather then not compass such an End, expose our selves to all sort of Sufferings in this World? Oh bitter Invective! God, the Searcher of Hearts, will require this Injustice at your hands: You have unworthily traduc'd the Reputation of those who dare meet with you upon a publick Test, to prove their Integrity to God and Men. Why will you give such occasion to remind you of Old Stories? But of that anon. Had you judg'd us Ignoramus's, you had been kind to the Cruelty of making us de_signed Murderers to our own and other mens Souls: God forgive you. But this I must tell you, that it is not We, That say one thing and think another; but You, and such as you are, that make us think another thing then what we say, and then entitle us to your own In_ventions. I must further tell you, We make it not our Business, as you falsly insinuate, to decoy People into antifundamental Principles: for besides that we know none to be such that we hold, we make not our Religion to stand in a Belief of so many verbal Articles; but a Conformity of Soul to the Grace of God It is a great part of our Work, to dehort People from curious Enquiry after Notions & Opi_nions, be they never so true in themselves; knowing how much more beneficial it is to Men, and well pleasing to God, to have an Honest Heart, then a Full Head: DOING is degenerated into TALK_ING, and the LIFE of Religion into Contention about the NOTI_ON of it; Such Christians will not stand in God's Day: Besides, many of those, who are otherwise remote enough from saying any thing in favour of the Quakers, do frequently acknowledge, that They generally preach and press Good Living. It is our Desire to bring men into a Sence of God's Grace in their own Hearts, and to know the effectual Operations of it, to the Renewing of their Mind to God; And That Divine Assistance within, and right Use of the holy Scriptures without, are enough to inform them of what is fit to be believed. And though you would have People think very severe things of us, with respect to the Scriptures of Truth, by tel_ling them, the Quakers hold, That the Scriptures are not the Word of God, nor a Rule of Faith and Practice, yea, that we readily assert it in so many words: I must tell you, you have acted with us herein far from men of common Ingenuity; A man might, at this rate by Scripture prove, There is no God, if he would but leave out, The Fool hath said in his Heart. We deny the Scriptures in that sense wherein you deny them to be the Word of God, that is to say, The Word that was in the beginning with God, and was God, which you call the Essential Word; and, because we find in no place that it calls it self The Word of God, we rather chuse to say, The Scrip_tures given forth by Inspiration, are the Words of God. The like Abuse you put upon us about denying them to be a Rule of Faith and Practice: you leave what makes for us behind, that you may make your Advantage of what you take; That the Scripture is not a Rule in all things therein exprest, you your selves confess, re_specting the Dispensation of the Jews, and other things; and that there may be somethings wherein the Scriptures cannot be a Rule, I presume you will not deny: and that they are not a Rule in any Case, the import of your Charge, we utterly deny; for we believe and know they contain many godly Rules: I shall place this to the rest of your Account of Calumnies, and so proceed.

One and Twenty Divines.

Though the Reverend Author hath shewed you how much infidelity is among them, and how many of the very Essentials of Christianity their Leaders contradict, and how consequently they are indeed no Christians; yet it is not his purpose (as he plainly premiseth) to fix this sad Character upon all those who pass under the Name of Quakers &horfill; There are divers of them, who are honest and well meaning Persons. &horfill;

W. P.

Methinks you are got into a very kind mood, of a sudden, but it holds not a whole page; for you tell us soon after, That the whole Body of this People seems to be judicially deserted of God: If so, then no more Christians then their Leaders, as you are pleased to call them; neither Honest nor Well-meaning, unless God judicially deserts honest and well meaning People. In the next page you call them Wasps of Satan's Hiving, who have Hives, but no Honey, or sweetness of Spirit, except for themselves. The less we have, the more you have; And would not one think you all Honey by your Writings? How can you expect that we should have any to spare, whom you make to have so little, if any at all? And what need is there of giving to them that think they have so much already? The Truth is, we are Wasps, and you are Bees by one and the same Figure: We know that you have always a good Name for your selves, and have long loved the Honey_Pot; But where did you get it? Did you gather it? No such mat_ter. Of who then? Of the People, no doubt; they Toyl, and you Talk; they are the Bees, and you so many cunning Hivers, at the Tinkling of whose Bells the silly Bees assemble, and when you have safely Hived them, your next Business is to take their Honey from them. Howbeit, if we are Wasps, then not Bees, by which I suppose you intend Christians; if so, your Charity is at an end, and those you Christian'd with J. Faldo just now, you do here manifestly Unchristian; unless Wasps be Christians, and that Christians, while such, may be judicially deserted of God, and hived by the Divel. Methinks such Contradiction becometh not Men of your Style and Pretences.

But tell me, why are we judicially deserted of God? Is it not beause we have judiciously deserted you? And don't you therefore say we are hived by the Devil, because we will not let you hive us? speak Truth Fain would you have it (according to the old Proverb) as your Bell tinketh, the poor Quaker thinketh. But blessed be God, his Grace has made us wiser then such Teachers; we know the Hea_venly Voice of our spiritual Shepherd, and can no more suffer our selves to be carried away with a Worldly Ministry; and that I aver to be such, which is not founded upon the Revelations and internal Motions of God's Holy Spirit, a Principle you do, in the Person of your Reverend Author J. Faldo, not only deny, but deride, who is so far from shewing any Infidelity amongst us, that his Book is but a Proof of his own Injustice; and not that our Principles, but his corrupt Consequences contradict the Essentials of Christianity. This is an Inadvertency in you that well deserves, as my Reproof, so your Repentance. But to your next Passage.

One and Twenty Divines.

And the Truth is (excepting some Jugling Socinianiz'd Persons or Papists that assume their Name) there are few of them who are Men of so much Understanding and Consistent Principles, as to be Able and Willing to give a Methodical and Intelligible Account what they themselves or their Party hold.

W. P.

A quick Way to do a Quakers Business at once: He must either be an Ignoramus, a Socinian, or a Papist, chuse him whether; if an Ignoramus, he is laught at; if a Socinian or Papist, he is hated. Doth this flow from the Beeishness of your Nature, Jugling So_cinians, Papists or Ignoramus's? These Expressions do not quadrate with the Titles of Learned and Reverend Divines. What is it but to tell us, you resolve to render the Quakers odious, and if they have nothing of themselves, you will adapt any thing that is hateful of other Perswasions into theirs, that you may bring them into Sus_picion and Abhorrence with your Paople: However, you are so constant to contradict your selves, that you grant to some of us both an Ability and Willingness, to render a Methodical and an Intelligible Account of what we and our Friends believe, after having rated us for designed Obscurities and affected Unintelligibleness. But that I may not leave you so, let me tell you, first, that both Socinians and Papists have written, and that with Severity against us; next, The Labours of no Adversary hath had more grateful Acceptance in the Thoughts of your Reverend Author J. Faldo, then a noted Socinian, of whose Attempt he speaks thus; I resent it as one of the best and most ingeniously mannaged that ever I read against that Sort of People, meaning the Quakers: He also, both in his first Book and in his Vindication, as heartily advocates the Cause of a Socini_an against me, as if he had been doubly feed to the Work: Be_sides all this, we have been of late both publickly and vehemently, yet groundlesly, exclaimed upon, for denying the Man Christ Jesus, and asscribing the Christship to the Divinity alone; and you know the Socinians own him to be but a bare Man; and that some of our eminentest Adversaries in that Controversie were assisted by Socinians, I am able to prove: But to what Pitch of Inconsistency may not the Pride, Passion and Prejudice of Men raise them? You think it enough to do our Business, to pin the Pope at our Tail; but you may remember how unjust you thought such Suggestions from some of the former Prelates of the English Church, who made the same Use of your Separation; and as well as you Presby_terians & Independents agree against us, both of you have mutually Jesuited one another; the Refuge of Malice, when drove to a Pinch. To conclude, I must tell you, we are neither Socinians nor Papists; and I do hereby require at your Hands to produce one Socinian or Papist that goes under the Name of a Quaker among us; till when you remain under the Just Imputation of Slanderous Persons. But let us see what is next.

One and Twenty Divines.

Divers Honest, Well meaning and Ignorant Persons have fallen in with the Quakers, supposing them by their plain Habit, Auste_rity and rude Deportment to be the strictest, and threrefore the Holy_est Sort of Professors - And thus seeing no farther, they become Qua_kers, from the same Principles in the main, and from the same Dis_positions, as the more Ignorant Votaries among the Papists are Carthusians, Franciscans, and other such like Monks and Nuns.

W. P.

I would fain ask you, if you can yet think your selves Men of Charity? You elsewhere say we want it; & at this Rate we may do so for all you. Behold the Brand you set on every Soul that leaves you! Can you satisfie your Consciences, that you have herein shown the Justice you promised us, in describing the Quakers, or Imitated the Rectitude of God in the Measures you have taken of us? Truly if you can, they are greatly to be suspected: Give us one Instance of any Honest or Well-meaning Person, that for the sake of those outward Appearances became a Quaker, which in other Terms is, to expose themselves to the bitter Ana_thema's of such High Priests as your selves, the Severity of their dearest Relations, the Penalties of Magistracy, and to the general Reproach of the Multitude: Methinks, upon second Thoughts, you should not have such good ones of your selves, and such bad ones of your Neighbours; But though you take so little Care of being tender, nay Just to us, yet you should be more cir_cumspect for your selves: You tell us in the Person of J. Faldo, That the Quakers deny to perform any Thing relative of Religion, but upon Inspiration or Motion of the Spirit; And you all know, or may know, the Papists turn not Carthusians, Franciscans &c. upon such Pretences, or as being so disposed: You, or your People have affirmed, That they by such Works think to merit Eternal Life; Whether it be true or false, let them look to that; sure I am, that such as say, Those Works are my Works, and that upon my Principle, who otherwile tells the World, That I admit of no Work in Religious Matters, but by the Impulse of God's Spirit, con_tradict themselves to purpose, and that you have done. Popery brought into Company with what you call Quakerism, doth your Work with some of your Vulgar; but your Comparison had shown less of Envy, if you had pleased to produce those Princi_ples, and describe those Dispositions you unworthily insinuate Qua_kers and Monks in common to be acted by. But methinks, your frequent frothy Reflections upon our Deportment as Monkish and Cynical, &c. look more then ordinarily ugly from the Mouths of such as profess themselves to be of the Race and Stock of An_cient Puritans, whose little Bands, cropt Locks, exceeding plain Apparel, severe Aspects, with many more Instances of Preciseness and Austerity, as you call it, were the Subjects, frothy Minds play'd upon: You do not think B. Jonson acted like a Christian-Man in his Comical Representation of Puritans, & yet your selves call'd Learn_ed, and Reverend Divines, have shown as much Injustice, though it may be, one and Twenty more of you could not show so much Wit.

It is known to God with what Sincerity we are acted in Obedi_ence to the Convictions of his own Spirit, and that it is not Affect_ed Singularity, but Real Conscience, that engageth us to those things you make the Subject of your Mockage and Contempt; and God hath to reckon with you for the Liberty you give, and your People take: To indulge them in that Unchristian Latitude, and fling Monkish Austerities upon us, who through Fear of offending Almighty God, by giving Way to a Worldly Appetite, consci_entiously live under some more then ordinary Restriction is, to deal deceitfully with them, and injuriously with us; and God will judge for these Things. The Truth of the Matter is, you are Angry the People can live without you; and rack your Wits to bring that Principle, People and Way into Suspicion and Hatred, whose self_Denyal judgeth you and yours: your Interest in People stands in that, which when the Everlasting God shall terribly shake all Things, will fall; nad such as have vainly conceited themselves Christians upon your Character, they will be found without their Wedding-Garment. But the Truth is, nothing is well with some Men that a Quaker doth; if he be retired, he is sullen; if plain in his Apparel, Cynical; if careless about Salutation, Proud; his Industry must be Worldly-Mindedness; his Moderate Uses of In_joymens, Penuriousness; his Hospitality, Flesh-Pleasingness; his being at a Word, a Decoy for Custom and a New Way of Cheat_ing; if he refuse to answer any Questions relating to Re_ligion, either he can give no Account of his Religion, or he holds some Error he is afraid to discover; if he doth answer them, either it is Nonsense or Equivocation: In short, his Virtues must be Vices; but this is his Resolution, if to be, as he is be to be Vile, he will be more Vile; and I doubt not but God will plead our Cause against you, and evidence to you and all Men, that we have not pursued Cynical Singularities, nor Affected undue Separation; but with Holy Fear and Sincerity of Soul have been herein resign'd to the Good-Will of God, as he hath made it known by the Light of his Son in our own Consciences; and this I affirm, that all those Endeavours many vigorously employ to vilifie an Inward Princi_ple, and disswade Persons from believing in it, waiting upon it, and being guided by it, center in the rankest Atheism, because the Sence and Influence upon the Mind, is the most sensible, express and constant Argument for God and his pure Religion, which lost, makes Way for Infidelity. But as in Point of Doctrine, so in Conversation you believe we are not all alike; your Words are these:

One and Twenty Divines.

And yet some of them being Rich, and grown into Estates in the World, can and do live in as Flesh-pleasing Fulness, Splendor and indulging to a sensual Life, as others whom they have condemned.

W. P.

I would willingly know these Persons, who they are, and where they live: Did you love Truth and your own Credit, ye would scarce be so lavishing of your Words. You say, We con_demn all but our selves; what is the Consequence but this, if you speak true, That there is not a Person in the World that is not a Profest Quaker, who either hath more Ability to live Flesh-plea_sing, or that actually doth indulge himself more to a Sensual-Life then some Quakers can and do, Which way to save your Credit, I know not, unless you make it appear that the Quakers are both as Rich as other Men, and as indulgent to themselves in all sensual Pleasures. I perceive, rather then the Quakers shall want Faults, you will make some for them; a Practice very unfit for One and Twenty Learned and Reverend Divines! But to do you right, you are kind in your Cruelty; you provide against believing what you say, by saying what is incredible of us.

I shall now consider your Recommendation of his Book.

One and Twenty Divines.

Wherein the Quakers Principles are more thorrowly investigated then in any Book which we have seen; and we judge it for Matter, Proof and Style, to be especially useful for those who need, or desire In_formation concerning the Quakers and their Principles.

W. P.

Had we no other Weapon, this were enough to Wound your Cause incurably; for first, he hath laid down about 20 Principles in the Quakers Name, 18 of which are not only None of theirs, as so exprest, but not so much as by Consequence: That they are none of ours, it is enough we say so, unless our Faith is not to be taken at our Mouthes, but at our Adversaries. He that tells me I believe that which I do not believe, is either Foolish or Dishonest, and his Confutation is not of me, but of himself. That they are not our Principles by Consequence, I have abundantly proved, both in my Answer and Rejoynder: However, Matter, Proof and Style you commend it for. The Matter of it lyeth in the Proof of it: What Proof and what Style, I am willing to shew you; and first, as to Proof. Who would not think it excellently performed, that hath such an Epistle, and so subscribed, on Purpose to recommend it?

But that so many Men, with such fine Titles, may be guilty of great Mistake and Abuse, I will produce you Ten Instances of Notorious Perversion, any one of which were unworthy even of such poor Heathen as ye think us to be, referring you to my Answer and Rejoynder for a more compleat Detection of his Miscarriages.

1. John Faldo affirms, That W. Smith had not one Exhortation to read the Scriptures; nay, that the main Design of the Book was to deny them, and throw Dirt upon them; yet J. F. cites him concerning the Scrip_tures, thus: Qu. no Chr. pag. 45.

Child, Then the Scriptures are to be own'd and believed, &c? My Answer, pag. 42.

Father, Yes, They are to be OWN'D and BE_LIEV'D; and they that do not so, are to be DE_NIED. Rejoynder, pag. 60,61,62.

Observ. Can any thing be more inconsistent, then your Reverend Author? Is it this sort of Proof you commend? Can you think this the Way to convert such Infidels, as you deem us to be?

To this let me add another notable Passage in the same Discourse he faults with Dirting and Denying the Scripture. Rejoy. ibid.

Quest. Of what Service are the Scriptures as they are given forth and recorded without?

Answ. MUCH EVERY WAY unto those that have receiv'd the same Spirit from whom they were given forth, for unto such they are PROFITABLE, and MAKE WISE unto Salvation; and are unto them of Service, for INSTRUCTION, EDIFICATION and COMFORT.

Obs. Is there no Exhortation lodg'd in these words? And is this to Deny or throw Dirt upon the Scrip_tures? If any shall object W. Smith's making the Spirit necessary to the profitable Reading of the Scri_ptures, let them go to W. Tindal, J. Bradford, Bp. Jewel, J. Philpot, Luther, Calvin, Peter Martyr and others, they will preach them the same Doctrine; which I have observ'd in my Rejoynder, and may easi_ly be found in my Catalogue of Authors.

2. My second Instance shall be this, That he ma_keth W. Smith call the Scriptures Traditions of men, Earthly Root, Darkness, Confusion, Corruption; All out of the Life and Power of God; which he only asscribed to degenerated Men, their Worship, Imagi_nations and Traditions. Qu. no Chr. p. 117,119. My Rejoyn_der, from pag. 141 to 157.

Shall this be call'd Proof or Perversion? Doubtless a Proof of nothing, but of that hateful sort of Perver_sion.

3. That the Quakers understand by Knowledge according to the Flesh; the Use of the Understanding, though sanctified: which is also a gross Abuse both of our Words and Sense. Qu. no Chr. pag. 41. Answ. p. 35. Rejo. p. 424.

4. That I. Penington should call Visible Worship, as such, the City of Abomination. Vind. p. 50.

This is a downright Forgery; and your Praise of his Proof makes you Accessories: Look on it as you will. Rejo. p. 194,195.

5. That by Traditions of Men, we understand the Scripture, or written Word. Qu. no Chr. part 3. pag. 88. A base Abuse of our Words. Answ. p. 250.

6. That the Quakers mean by the Vail that is o_ver People, their Belief of the Man Christ Jesus born of the Virgin Mary, to be now existing in Heaven. Qu. no Chr. pag. 89. An Impiety of his own Inventing and your Approving! Answ. p. 251,252. Rejoy. p. 395,396.

7. From W. Smith's saying, that the present Pra_ctice of the Sacraments, as, Baptizing with a Cross, and counting the Bread and Wine the Flesh & Blood of Christ, arise from the Pope's Invention, You in the Person of John Faldo, give out, That W. Smith calls the Lord's Supper the POPE's INVENTION. Qu. no Chr. pag. 163.

At this rate, what will your Testimony be worth? Little, certainly, with such as know Good Coyn from Bad.

8. From Edw. Burrough's making the Light of Christ within to be One in Nature with the Spirit of Christ; Vindic. from p. 75 to 84. J. Faldo infers, That the Quakers hold the Soul to be God: as if that had been said of the Soul, which was said of the Light of Christ shining in the Soul, or that they were Synonymous. Rejo. p. 348,349,350.

What cannot a Man of his Skill in This black Art do? yet this is your own Reverend Author, who for his Proof against the Quakers, is not a little in your Books.

9. Because G. F. rejected that carnal Notion that confines the Infinite Omnipresent God to a Residence only above the Stars, he makes no Difficulty of infer_ring, That we deny the Manhood of Christ Jesus. Qu. no Chr. p. 9,10. As Absurd as Base! Answ. p. 14. Rejo. p. 420.

10. From our affirming that such a kind of Read_ing of Scripture as the Pharisees us'd, and to those Ends, makes men harder to be wrought upon to true Con_version then the Heathen, John Faldo infers, That reading the Scriptures, and getting Knowledge thence, puts men into a worse Condition then the Heathen; and that there is scarcely any thing more Dangerous then reading the Scriptures: Qu. no Chr. pag. 190. Rejo. p. 126,127,425. Yea, he accuses us of Charging the Miscarriages of mens Souls on the Knowledge the Scripture BY GOD's BLESSING doth convey.

Behold at what rate your Reverend Author hath investigated our Principles! you have said truely in saying, he did it throughly; for he hath scarcely toucht any Thing, that he hath not throughly abu_sed; yet this is the Man whose Attempts so obnoxious as you see, you have adventured to commend. You say, you judge it ( among other Things) for the PROOF of it, to be especially useful for those who desire Information concerning the Quakers and their Principles: That ever Men of your Age, Experience and Reputation should precipitate themselves into any Thing so foul and scandalous! Can you believe this is Imitating God, and being Just to the Qua_kers? I hope your Condition is not yet so dangerous.

I think fit further to add for the Information of the Ignorant, that J. F. began with us in this Book, call'd Quakerism No Christianity; I answered him in a Book, entituled Quakerism a New Nick Name for Old Christianity; against this he put forth his Vindication, unto which I made my Rejoynder, consisting of TWENTY THREE CHAPTERS, in which I vindicated our Principles, stripping them of those frightful Vizards and hateful Disguises he put upon them, confirmed them by many Scriptures and Reasons, and to compleat our Defence, produced in favor of the whole above TWO HUN_DRED TESTIMONIES out of both ancient and modern Au_thors. Besides all this I faulted his Conduct and Behaviour in this Controversie, in above FOUR HUNDRED PARTICU_LARS, and that under distinct Sections.

None of which hath he taken notice of, how much soever it stood his Credit upon; but after his own Proof of his Books, wanting a Vindication, he reprints it to consummate the Controversie. To me it is a manifest Token that the Man hath gotten to a Ne plus ultra, & therefore goes back again; and doubtless, were not his Cause deeply sunk, it should never need the Help of One and Twenty Divines, and those term'd so Learned and Reverend as you are, to recover it, and yet you see at what a Rate you have performed your Task: We have Hopes you will be better advised the next Time; I am sure your Circumstances need it.

And that you have as well abused us in your STYLE as Proof, and therefore proportionably deserve the Censure of Impartial Readers, I shall produce some Instances out of your Epistle and his Book. (I may say yours; for ye have made it so by adopting it:)

First, In your Epistle,

A strange Sort of People, preach another Gospel, and endeavour to seduce well-meaning Souls; Poison of their Anti-fundamental Doctrines; Infidelity among them; Jugling Socinianized Persons; Papists, Carthusians; Franciscans, and other such like Monks and Nuns; Judicially deserted of God; arrived to Pride and Ignorance; seek Back-biting, Reviling and Reproaches; nauscous Conceitedness; Deluded Souls; Barbarous Language; Pittiful Ig_norance; No Christians; subverting Christianity; Wasps of Satan's Hiving.

This is the Language of your own Epistle, that do not love Re_flections nor Railing, if we will believe you.

Now for the Style of your Reverend Author in his Books, whom you would, have us believe is a Friendly Person to the Quakers.

Of our Light.

Ignis fatuus; the second Anti-christ; the Quakers Idol; Perni_cious Guide and Saviour; Fancyful Teacher: And in his Vindica_tion, A Sordid, Sinful, Corrupt and Ridiculous Thing.

Of our Religion and Friends.

Quakerism made its Way by, and began in Blasphemies against the Lord Jesus Christ; Quakerism entered the World, as if Hell were broak loose, and Possessions of Satan were to make Way, and fit Souls for the Quakers Spirit; Blasphemy and Idolatry. Our Friends (Quakers so called) Dark-Lanthorn-Men; being hid with Palpable Knavery and Impudence; Absurd and Blasphemous Idiots; Prodigiously Wicked; Oh the Hell-Dark Expressions of the Qua_kers Preachers, speak the Amazing Delusions of Satan. And in his Vindication, A Presumptuous and Blind Accuser; a Sophister; an Haman; an Accursed Ham; a Treacherous and Wilful Delu_der; a Madman; an Hangman; an Infallible Stager; a Fool; an Ape; a Dunce; an Impudent Forger; and what not?

Is this to act like a FRIEND to the Quakers, or give Testimo_ny of a Large Spirit and Principle, as you (to make a foul Matter fair) have so untruly intimated? Doubtless, no Man hath taken more Pains to abuse a poor People, then J. Faldo hath to misrepre_sent the Quakers; yet this very Style you more especially recom_mend: Can you yet think your selves Learned, Reverend and Wor_thy Divines, Men of Conscience and Honour? And the Truth is, you were very hard put to it to make up the Recommendation; for in the Scope of four Pages, you three times compare us to Papists and Infidels; thrice charge and aggravate our designed Obscurity, with abundance of Impertinency and Contradiction; four Times go over our Separation from you; and last of all, you five Times charge us with Singularities, enlarge and grow Elegant upon it, Repetitions, Tautology.

And by the Way I must needs take this notice of the New Ad_vertisement in this Impression.

First, That he most horribly abuseth us in saying, We pretend all our Ministers to be Infallible. More then ten Times over hath he both scornfully and untruly cast this at us: We asscribe not an Infallibility to Men, but to the Grace of God, and to Men so far as they are led by it; for that it certainly teacheth what it doth teach.

Secondly, Whereas he insinuates, as if I allowed of every Pas_sage he cited, as of the Books and Authors themselves: This is so great an Untruth, that many of them are misquoted, and almost every one of them mis-applyed; and this I have largely and fre_quently complained of in my Answer, and more particularly in my Rejoynder. I leave off Wondering at him; for he seems to have prepared his Conscience for any thing that may countenance his Attempts against the Quakers; which gives us Cause to sus_pect the altering of the folio of the Old Book in this Impression, is done on Purpose to hinder the Reader from finding his (in my Answers thereto referred) Miscarriages. But to you again.

Suppose we are as bad as you bespeak us; how can we help it? Your Principle takes away all Liberty from our Wills, and tells us of being ordained to all these Mischiefs: Would you have us bet_ter then we can be? that is, to expect Impossibilities at our Hands? Or would you that we should attempt to invalid God's Immutable and Absolute Decree, which, besides that it cannot be done (al_lowing your Notion) were a great Impiety but to think of; you should either change your Creed in this Particular, or seem less concerned at the Event of Things confessedly Irremedable. I re_member an Old Book published by Three and fifty Presbyterians, some of whom help to make up your One and Twenty Reverend Divines; it's call'd A Testimony to the Truth of Jesus Christ and our Solemn League and Covenant (for you know they must go together) the Bent of it is to collect the then held Errors, and bitterly to Exclaim on all that hold and plead for, or encline to favour a Toleration; and such were Episcopalians, Independents, Anabaptists, &c. Among many other these are brought in for Capital Ones. 1. HIERARCHY. 2. INDEPENDENCY. 3. An Opposition of the Doctrine of Election and Reprobation, as you hold it. 4. The Doctrine of the Freedom of Man's Will. 5. That Christ died for all Men, or that the Benefit of Christ's Death extended to all Men. And some Leaves off, thus express themselves, "Doubtless, that old Serpent, call'd the Devil, hath been the grand Agent in propagating these stupendious Errors, all which Errors, Heresies and Blasphemies, we are confident we may loath, execrate and abhor, and that without the least Breach of Charity. Oh the Strength and Religion of this Charity, that can loath, execrate and abhor to think that Christ dyed for all Men, or that all Men may be saved! as plain Scripture as any in Scrip_ture. This they call the Presbyterian Testimony, which in plain English doth but loath, execrate and abhor the Belief of the Gene_rality of Christendom. And that you may yet know your selves better, observe this Passage; The Cursed Blasphemies; the gene_ral Looseness; the spreading Heresies of our Times have in a man_ner born down before them the Authority of the sacred Scriptures, the Life and Power of Godliness, & our solemn League & Covenant; but above all, Our Souls are wounded, to think with what Hope and Industry a TOLERATION of all these Evils is endeavoured. Which in short amounts to this; 1. All that quadrate not with Presbytery is Error, Heresie or Blasphemy. 2. That above all things it wounds them to think of having such tolerated as believe and main_tain them. This Doctrine (with some Allay) in the Episcopacy you exploded for Antichristian, Popish and Tyrannical. When through such Pretences you had mounted the Chair, by a notable Figure, call'd Self-Interest, it became an excellent Doctrine with you, yea a most necessary part of your Creed: Pray tell me if this be Imitating of God? being Just to all men? Doing as you would be done by? Can you yet be so blind as not to see your selves to be a great way off from Christian Charity, and an universal Commu_nion of Christians, that even make Believing of plain Scripture, a Reason for your Abhorrence of their Communion that so believe; unless they will subject such obnoxious Passages to Calvinistical Interpretations? Is not this like the Egyptian Tyrant, that stretcht all longer that were shorter, and cut all shorter that were longer then Himself? This shows, you C�sar-like, would have had no Equal, and resolv'd to raign alone, come what will of those you now have learn'd to call Christians: It is but too manifest that the genuine Sense of your Faithfulness to promote God's Cause and Interest, is YOUR SELVES.

But you are several times angry with us for our Separation.

One and Twenty Divines.

They seek by Backbiting, Reviling and Reproaches, to disgrace the Doctrines, Practices and Persons of others, that they themselves may seem more excel_lent and glorious than all that have been excellent before them, and that they may not be thought unworthy of some Communion themselves, grow presently of Opinion, that all the rest of the World of profest Christians, are so ignorant or so bad, as to be unworthy of Communion with them.

W. P.

Methinks that it is not only an ill way to be thought more Ex_cellent and Glorious then all that were before us; but that no Man that refuseth to captivate his Sence and Reason to serve the Interest of whatsoever you say or do, can believe that we should take such an improbable Way to Glory: Such juggling Socinians and Papists, as you make the chief of us to be, should better understand their Business, then to be guilty of so much broad and distastefull Folly, in doing of it; but what cannot you say of the Quakers, who ra_ther then not say enough, will be impertinently Tautological, and say the same thing in four pages five times over, to fix an Odium in the Minds of People against us; What is this but to do what you condemn?

But the Truth is, you have so well exprest the Matter for your selves, that an unwary Reader would think you equally Enemies to Separation, and Reviling those you separate from. But of all men this Language is most insufferable from you, who have tran_scended in the Guilt of those things you seem so heartily to cen_sure. You are made up of Presbyterians and Independents; let me a little Expostulate with you: Argumentum ad hominem.

I will begin with you who are called Presbyterians; Are you not Separatists from the Church of England? You know you are; And pray, what is the Ground of your Separation? Is it Difference in the Essentials of Religion? you know, you say it to be only in some matters of Discipline; for this you have divided your selves, and smartly vindicated your Separation, witness Galaspee in Scot_land, and Smectimn�us in England. Was it not a great Reason of the Wars, that divided so many Families, shed so much Blood, and exhausted so great a Treasure? Did it not lay Episcopacy in the Dust, and excite the Parliament in these very Terms? Elijah opposed Idolatry and Opression, so do ye: Down with Baal's Altars! Down with Baal's Priests! Do not, I beseech you, consent unto a To_leration of Baal's Worship in this Kingdom, upon any Politick Con_sideration whatsoever. Which is as much as to say, Away with the Arch-Bishops, Bishops, the whole Ministry and Worship of the Church of England. Again, The Mouthes of your Adversaries are opened against you, that so many Delinquents (that is to say, Royalists) are in Prison, and yet but very few of them brought to their Tryal (Did he mean, to release them?) And saith another of your eminent Brethren before the Commons, Aug. 28. 1644. Ye cannot Preach nor Pray them down directly and immediately &horfill; Well, That which the Word cannot do, the Sword shall: To render which saying authentick, the Apostle is brought in two lines after. I could set out this part of your Story to the Life, but at this time shall forebear: nor do I delight in this, but since I must needs mention Your Separation, how can I do it without telling who it was you seperated from? And can I do it more candidly then in your own Words? I wish there had been no need for it: Only from hence you may observe your sort of Dislike of Separation; and how notably Presbyterians revile even Men that are one with them in the Essentials of Religion. Behold, a short Instance of your Car_riage to the Church of England you separated from! Let us now take a short view of your Treatment of those that dissented from you: You shewed the Independents the way, first to separate upon Conscience, and then to plead Conscience for Separation; and how reasonable it was that Conscience should be Tolerated. Are you constant to your selves? Do you give what you will take? No such matter: But let us hear you. Matters of Re_ligion, (says Dr Corn. Burges in his Sermon before the House of Commons, Novemb. 5. 1641.) ly a Bleeding; all Government and Discipline of the Church is laid in her Grave; and all putredinous Vermin of bold Schismaticks glory in her Ashes, making her Fall their own Rising to mount our Pulpits. That the Independents are concern'd under the term Schismaticks, Dr Cawdrey bestows an whole Book upon it, which is Entituled, INDEPENDENCY a great Schism; yet some of these great Schismaticks are some of the One and Twenty Reverend & Worthy Divines. I find another of your Brethren, Octob. 22. 1644. that tells us of Parliamentary Heresies, saying, You are the Anabaptists, and you are the Anti_nomians; these are your Errors, if they spread by your Connivance. Was not this spoaken like a Man of Charity, one that disdain'd not the Communion of other Christians that are not altogether of his Mind? A Virtue commended by you in your Epistle. Another eminent Person of your Way, before the Parliament Sept. 12. 1644. We are grown beyond Arminianism, Brownism, Anabap_tism; we are come to the down-right Libertinism, that every man is to be left to the Liberty of his own Religion: An Opinion most per_nicious and destructive, saith he. And another of your Brethren in his great Zeal, before the House of Commons, 1644. styles them Bastard Imps of the Whore of Babylon: Though you know that many of you plead a Romish Succession for your Ministry, and consequently that you ministerially descend of what you call the Whore; think on't as you will. But all this is exceeded by a zealous Presbyterian who in his Book, called, The Gangr�n, &c. Part 1. p. 91. querieth thus; Shall the Presbyterians Orthodox Godly Ministers be so cold, as to let Anabaptism, Brownism, Antinomi_anism, Libertinism, Independency come in upon us, and keep in a whole skin, when Arch-Bishops, Bishops, &c. hazarded the loss of their Preferments to withstand the Toleration of Popery? Where not only Anabaptists and Independents are rendred unworthy of a Toleration by this great Presbyterian; but their Perswasion ren_dred more intolerable then Popery. I would ask G. Griffith, M. Barker, R. Mayo, M. Palmer, T. Cole (who help to make up the One and Twenty Learned and Reverend Divines) if this Man was a Wasp or a Bee? one that had more of Sting or Honey? Well - what's his Resolution? Let's therefore, saith he, fill all Presses, and cause all Pulpits to ring, and so possess Parlia_ment, City and whole Kingdom against the Evil of Schism, and a Toleration, that we may no more hear of a Toleration, nor of separated Churches, being hateful Names in the Church of God, AMEN, AMEN. All I shall say of the Man is this; he was hearty in his Work, and what he did, he did with all his Might. Another of them runs so high, that he impeacheth Gamaliel for a loose Na_turalist, a Time-serving Polititian, a second Architophel, and only because he was for Toleration; when you know, the rest of the Jewish Counsel were for Persecution: If you will not believe me, peruse J. Words Sermon before the Commons, 1645. How agrees this with your present Desires of Indulgence, and Thanks for it? Let me say, there is the same Exception against you upon this Do_ctrine, as any other sort of Dissenters: But, as ill as this man thought of Worthy & Prudent Gamaliel, his Counsel hath been strong and seasonable, even in Presbyterian Apologies. But lest you should reject these Evidences of your rank Severity to others though for minute Differences, as being but the Opinion of 3 or 4 men, I will conclude with the Judgment of the Presbyterian Ministers in the City of Lon_don, presented in a Letter to the Assembly of Divines sitting at West_minster 1645. INDEPENDENCY is a Schism; they draw & seduce our Members from our Congregations; a Toleration of it will be follow'd with inevitable Mischiefs; They erect separate Congregations, under a separate and undiscover'd Government; They refuse Communion with our Churches in the Sacraments: And are such men fit to com_mend Christian Communion to others, who themselves break it, and impeach one another at this bitter rate for doing so? But what follows? The Godly, painful Orthodox Ministry will be discouraged and despised; the Life and Power of Godliness will be eaten out by frivolous Disputes and vain Janglings; it is too much to be doubted lest the Power of the Magistrate should not only be weakened, but even utterly overthrown, considering the Principles and Practices of Independents, together with their Complyance with other Sectaries, sufficiently known to be Anti-magistratical; Hereby we shall be involved in the Guilt of other Mens Sins, and thereby be endangered to receive of their Plagues; It seems utterly Impossible (if such Toleration should be granted) that the LORD SHOULD BE ONE, AND HIS NAME ONE IN THE THREE KING_DOMS.

This seriously consider'd, let me ask you, if you did not think these Independents either so Ignorant, or so Bad, as to be unworthy of your Communion with them, or being so much as tolerated in their separated Communion from you? Certainly, if so small a Dif_ference as that which remains between you and the Independents, finds not Charity enough with you to be tolerated, not only the Quakers have no Reason to expect Toleration from you, had you Power in your hands: But there is great need, that you should be ashamed of Censuring others, or being so Narrow-spirited, as not to Commune with People of a different Perswasion in Matters con_fessedly of greater Moment, then that upon which you have exerci_sed so much Gaul.

That You that are INDEPENDENTS, have thought the Presbyterians Unworthy of your Communion, it is needful only that we put you in mind of your Separating from them, and sitting down in distinct Congregations under a different Discipline and Administration of Ordinances; The Reason of which, if we will believe the Presbyterians in the Account they gave to the Parlia_ment, was, because you esteem them Prelatical, Tyrannical and Anti-christian in their Ministry: An ancient Acquaintance of mine, who had more Learning and Discretion then to be one of your Learned and Reverend Divines, in his Book against D. Cawdrey, doth affirm, That Ministry that cometh through Romish Succes_sion, and is no Ministry without it, can be no better then a Romish Ministry; and the Truth is, I am of his mind. J. Cotton, Brownists Apol. J. Cann, ancient Independents also writ in Defence of Se_parate from National Communion.

From hence and that second great War between you and the Pres_byterians, who should inherit what you had joyntly gotten from an_other Party, are none of the clearest Proofs to us of your Brotherly Love and Christian Communion, though a great Check to both of you for your turning Judges, who are such notorious Criminals; and yet I will not say but the Presbyterians Fury was your Pro_vocation. In short; As the Reason you have both render'd of your Separation from the Church of England, and One from Another, is Greater Purity of Worship and Discipline; so We had never sepa_rated our selves from you, but upon the same Principle: And if this will not serve your turn, when You that are Presbyterians, have given better Satisfaction to the Church of England for your separate Communion; and when You the Independents, have in the like Case answer'd the Presbyterians, and the Anabaptists, you, We shall, we hope, not be wanting to our selves in any necessary Vindication of OUR CAUSE.

I am sorry you have given me Occasion to remind you of your Separation among your selves: However, this deserves the No_tice of all Impartial Readers, that though you were so Bitter, and all Wasps one against another for your Separa_tion; yet that now you are Confederated against us without any Provocation, then such as was the Cause your selves pretended for your own Separation: So that to use your own Words with better Reason, You are the Men that have no Honey nor Sweetness of Spirit, except for your selves. And I must needs say, that notwithstanding your Re_flection upon us, as Destroyers of Christian Communion, you have been so fond of your own Apprehensions, that many of your Way have lost the Friendliness so commendable in Civil Society; and some, no small Preachers neither, have vehemently dehorted their Hearers from so much as conversing with us, no not about the Lawful Things of this World, so far as may be avoided; nay, one of them was so extravagant as openly to profess, He had rather his Hearers should go to a BAUDY-HOUSE, then to a Quakers Meeting: To such a Dergee of Bitternes are some of you arriv'd, for all your Pretences to Charity. I am sure if you had had any Regard of those Natural Truths you are forc'd to confess, make up Part of our Religion, viz. To do as you would be done by; remembring that for all these Things God will bring you to Judgment; you would ne_ver have dealt out such hard Measure to us; and it cannot be too much lamented, that men will not make the best of their Accord, so far as they do accord; I mean what you do, if you mean what you writ, viz. That God so hateth the Evil, as yet to approve and love all that is Good; and that his Servants should not dispraise all in those whom they dislike:

For, We own ONE GOD; we fear him as well as own him; and through his GRACE are enabled to perform the Works of Righteousness, whose Fruit is Peace: We believe this Grace is communicated to us through Jesus Christ our Lord; that he is the Only and Compleat Saviour, as well from the Pollution as Guilt of Sin; that without his Holy Spirit we cannot please God; that therefore it is Reverently and Incessantly to be waited for, to inform, inable and conduct us through the whole Exercise of our Life, respecting our Duty towards God and Man; we also believe that there is an E_ternal State for Sheep and Goats, Godly and Ungodly, and a Day in which God Almighty will judge the Secrets of all Men by Jesus Christ, rendering to every Man according to the Deeds done in the Body: And this we do believe without any Mental Reservation whatever, and find dayly Comfort both in Believing and Living accordingly; nor do I know that you in any thing contradict this, in Words, at least. Now that your Zeal for your Way of Religi_on should transport you beyond all Natural Tenderness or Affecti_on, as the Apostle renders it (your Duty to every Man as he is God's Workmanship) and then glory in so great a Vice as a Christian Vir_tue, by terming it Godly Zeal, &c. which is no more but an Un_warrantable Heat for your particular Perswasions; I must needs say, is a great Way off from that Moderation that the Apostle ex_horts us to make known to all Men. It is an ill Way of admiring Grace which destroyes Nature, and such, I must needs say, some of yours is, or hath been, who have sacrificed Universal Love, Natural Affection, Relation, the Liberties and Lives of Men differently perswaded to the Promotion of your so much Beloved Interests: Remember T. Edward's Gangr�n, and the London-Ministers Petition, and the New-England Tragedy. How exceed_ing short doth this fall of the Admirable Sweetness of his Nature, who is Lord of the Christian-Religion, that was so far from Indul_ging Hatred to his Conscientious Friends, that he forbid it to his greatest Enemies? Can you call for Fire from Heaven upon Dis_senters, and rather then not compass their Destruction, kindle Fire on Earth to devour them, and yet with any the least Pretence to Modesty check others for Incharity and Separation? But take this with you, that good Notions will signifie little to the Comfort of an ill Soul at God's Bar; it will not be Well Held, but Well Done Good and Faithful Servant. Preferring Opinion before Piety hath filled the World with Perplexing Controversies, and Mens Censures have been according to Notion, not according to Conversation: It is not what Works, but what Faith? though Works best of all define and evidence what Faith is. But this Age hath no Kind_ness for Good Works; the more the Pitty: Loose Men slight them in Life, and you in Doctrine; A Man cannot plead for them, but at the Hazard of being counted a Papist. Tell you such an one is a Virtuous Person, and you answer us commonly, He is a Good Moral Man, but he hath no Saving Grace; as if Grace and Morality were at as great Distance as London and Constantinople: These Notions have abused Religion, and greatly injured the Souls of Peo_ple; 1. By giving them to conceit themselves Christians, though Unlike Christ. 2. In Distinguishing between a Good Man and a Christian, from whence hath flown that Stinginess of Spirit, that denies any to have Saving Grace that fall not in with their Princi_ples, and so divides Grace from Virtue, which God hath Insepara_bly joyned. This is the Doctrine that deceiveth Men, which make them too great for the rest of Mankind: Moral Men are no Com_pany for them; they may be that, and go to Hell for their Pains, if what some of you say be true. It is the Presbyterians special Grace that saveth; for Morality's Part, alas! she is a poor Hea_then, an Alien, an Infidel, without the Pale of the Church and Mercies of the Covenant; but then it is to be understood of the Scotch One.

Oh I beseech you for the sake of Jesus Christ, by whom alone God will judge you and I in the Dreadful Day of Account; let the Universal Principle in your Consciences have Power with you; the Divine Fruit of which is, first, A Discovery of Duty to be done; and as closed with there, next, Power and Ability to per_form it, which strips you of Self, and Glorying in it, and will work all necessary Works In you and For you: It will first correct and then comfort you; Its Wayes are Wayes of Pleasantness, and all her Paths are Peace; To Faith it adds Virtue, to Virtue Know_ledge, to Knowledge Temperance, and to Temperance Patience, and to Patience Godliness, to Godliness Brotherly-Kindness, and to Brotherly-Kindness CHARITY. Contend not against it; your Credit is a Temptation to you; sacrifice it for the sake of your own and other Mens Souls upon the Altar self-Denyal, and that Hum_ble and Heavenly Obedience you owe to the God of the whole Earth; and think not Repentance a Work to Mean for you, because you have been so long Preachers of it to others; your Time ha_stens on, and in the Grave it will be too late: If it was John's Honour to receive him when he came in Flesh; let it not be your Judgment to reject his coming in Spirit: God knows I have no Ill-will but much Kindness for you; I wish you were as truly taught of him, as you are great Teachers of others: could my Desires prevail, you should be such upon better Terms; but as We be unto them, who are sent and don't preach; so We be unto them who do preach and are not sent; It is not hard in this Sense to be Righte_ous overmuch, to be too Officious, and to act Thanklesly for God.

Oh that we may all consider what we are Building with, and whether our Works will stand the Tryal of God's Fire! whose Terrible Day hastens upon the World, in which he will severely plead with all Flesh that hath corrupted its Way before him; as with the Gentile, so with the Jew, as with the Prophane, so with the Professor, VVho hath had a Name to live, and yet will be found Dead, who calls himself a Jew, and yet is not; a Christian, and is not; who runs, and God hath not sent him, who cryeth, thus saith the Lord, and God hath never spoaken by him: Let us therefore be perswaded into a Serious Examination of our selves and Prepara_tion for this Great & Notable Day of the Lord, that the Sound of the last Amazing Trump may not surprize us, nor any of us be o_vertaken at unawares, but in Godly Fear wait till our great Change comes , that with Holy Habakkuk, we may all find Rest to our Souls in the Day of Trouble, Amen.

Your Friend in much Sincerity, W. P.

A POSTSCRIPT.

AS for his Appendix, its an arrant Cheat obtruded upon the Reader. The Title-Page bespeaks it a new Piece, whereas it is no other in the Matter, and for a great Part of the Words of it, then what hath been answered by me again and a_gain. It consists of two Parts; 1. Two Letters of our Friends, with his usual disingenuous Discants; which Letters are justify'd from his Black Imputations in my Rejoynder, and another Discourse, call'd Judas and the Jews. The second Part of the Appendix is a Collection of our Principles, which both in my Answer and Rejoynder I have prov'd to be his own Indirect & Foul Consequences from our Real Principles, which lye at his Door, or rather now at his One and Twenty Learned and Reverend Divines, that have so Imprudently espoused his Cause, and recommended his Endeavours.

|CRE |Y1687 Mrs. JAMES's VINDICATION OF THE Church of England, IN AN ANSWER TO A PAMPHLET ENTITULED, A New Test OF THE Church of England's LOYALTY. &horbar It is not Interest that moves me to this, for I never made Gain of any thing that ever I did, nor none I do desire; for it was nothing but the Fear of Gods Judgments that hath been the sole Cause of all my Actions for above these Twenty years. &horbar London, Printed for me Elinor James. 1687.

An Advice to the CHURCH of ENGLAND.

AS for Conscience, I do not count it a sufficient Guide, because it is not so Infallible, but it is subject to Err, and therefore it ought to be Guided by the Word of God; for I find those that will not be Guided by that, doth not yield Civil Obedience to Temporal Magistrates, and how can they to God: And therefore I am not so much for Liberty of Conscience. But since it is the Kings Pleasure, I rest satisfied; for if they misimploy it, is not Gods Hand long enough to reach them? But who knows but that God that Converted St. Paul, may Convert them all that are Zealous and did not intend any thing else but His Glory, but for those that are Envious, you must not look that they will ever be otherwise. I know they offended you, because they pretend to be Loyal Sub_jects Indeed I wonder how they dare say so, when the World knows they never had any! But why should any be unwilling to return the King Thanks, I think it is no more than what every one is obliged to; and since the King was pleased to Renew His Promises, that none need to doubt his Fidelity; I think it is but Reason to renew your Thanks. And as for Oxford, they are no Example, be_cause none lies under their Circumstances; but when His Majesty is pleased to remove their Doubts, I don't question but that they will be forward enough with their Addressing, and 'till that be done, I cannot blame them; but I find you scruple, because you will not be after the Dissenters, what a simple Pride is that? For a Christian ought to Imitate all Good Things, and therefore there is no Excuse. Fear not any thing, but Trust in God, Love the King, and be Kind one to another, and do not Addict your selves to any thing but what is Agreeable to Christianity. And I think you are obliged to frequent the Prayers of the Church, for Christ did it, and how much more ought we. I am very ambitious that you should exceed others, I have always Loved the Church of England, and there_fore I would have them to be Dignified above all; and that the Love of God should be the Mover of all their Actions.

As for Mr. Dryden, though some blame him for using my Name, I do not; because he hath used it civilly. Indeed I do not know him, nor never read his Book, but I am told that he doth Abuse the CHURCH of ENGLAND, for which I blame him: For I count it not Wisdom for a Wit, to Reflect on that desolately own'd.

I hear there are Queries Cried, but I have not seen them, but understand they are of the same Nature. O that I were but a Man, I would study Night and Day, and I do not doubt but I should be more than a Conquerer, and so I hope to be nevertheless.

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

SIR,

I Am very sorry to think that you should be always such a Subtle Adver_sary, but you say, You never had an Opportunity to shew your Spite and Malice until now. You say you could never find a Convincing Reason, and what was the Cause? Is it not because it doth not consist with your In_terest; for that is all that you aim at, for that is the God of this World, and he hath blinded your Eys, and stupified your Understanding, and thickens your Scull, so that if an Angel came to Instruct you, you would not be able to receive it, if it did not agree with your Interest. I thought Liberty of Conscience might have chang'd your Disposition, seeing that the Kings Intention is so Gracious, as thinking it is the best way to Unite our Differences, and to heal our Breaches, and you know it was the Care of the King and Parliament, to prevent Scandalous Pamphlets against the King and Government, and therefore it is strange to me how you can Print your Paper with Allowance, when it is of such a Pernicious Nature, and its whole Aim is against the Government: surely those Gentlemen that had the Care of the Government, are very Negligent, or else you dare not say, With Allowance; certainly none that is in Authority would grant it you, and if they did, they must be Treacherous to their Trust, and are no Friend to the King and Government: for can there be any thing of a more Pernicious Consequence than this, that would destroy the very Foundation? How do you think I can bear it, when God hath fill'd my Heart full of Love and Loy_alty, and I know you Abuse them, for you have no cause to call their Loyalty into question, for I know Their Loyalty, and have been a Labourer with Them, therefore I have the greater Reason to Plead for them: but I know you will say I am a Woman, and why should I trouble my self? Why was I not always so, when I pleaded with the Parliament about the Right of Succession, and with Shaftsbury, and Monmouth, and at Guild-Hall, and elsewhere; and I made Applications to my late Soveraign Lord the King (whom my Soul Loved) That he would be pleas'd to let me Undertake for the City, and to make me a God Mother, to which the King Answered, It would be too great an Undertaking for me, but I replied, That if it might not be for all, that it might be for some, and the King granted my desire; and I ask'd His Majesty whether He would not wish Well to it, and the King Replied, Ay, with all my Heart and Soul: Was not he a Gracious Prince, for I am sure He sought nothing but the True Interest of His People, but I know such as you, are none of His Friends, for you did all you could to Pervert his Kingdoms and Sow Divisions amongst his People, and (by such Doings) you made his Throne Uneasie. Indeed then you might be for the Dukes Interest, because it was your own, but I am sure it was His loss, for before He looked toward you, all the People Lov'd and Admir'd Him: And who was the cause of the Change, was it not you, That went up and down Incensing the People of the great Proselites you had made (for I suppose you are a Priest, and they were of the same Nature) for they came to me, and I know what they said; therefore I find such as you are the Plotters, for they troubled me many Weeks together, and I thought I should never get Rid of them, but I Fasted Seven Days and Nights to give the late King a Petition, that He might know in what State His Kingdom stood in, and though I never saw them afterwards, yet I do not question but there was endeavours used to blind Him; but if it had pleased God, that His Majesty had Lived a little longer, I do not doubt but He would have taken New Measures, That you should never had cause to Boast, that you made him a Proselite: And as for my Soveraign that now is, he is as Sweet and Precious a Prince, as the World can afford, and it is pitty you should Abuse Him, for He is a King of Great Experience, and hath Suffered as much as any Prince in the World, which doth teach His Majesty such Wisdom, that it is His whole Care to keep His Kingdoms in Peace, and to have His People Flourish, and will not disturb the Peace thereof upon any Condition whatsoever, and (God be Thanked) the King hath no need to distrust us, for is not His God is our God, and we acknowledge Him to be a Christian King, who Belives in the Almighty who made the Heavens & the Earth, and he doth believe that Jesus Christ is His Son, and that he came into the World to Save Sinners, and I doubt not but that His whole Trust is in His Merits, and we all hold and own the same; so that we lack nothing but a Holy Life, agreeable to the Life of Jesus; but I find you are Metilesome Spirits and want Employ; therefore I would desire you to go to the Turks and Infidels, and Convert them, and in so doing you might expect your Reward, and I should like it well; but for you to think that you can Convert People when they are Converted already, is meer Nonsense; for it is Perverting, and undoing what the Blessed Spirit hath done, which will be a Sin of such a Nature, that I would not be guilty of it for all the World. I know you will be Angry, but I do not value it, for I must discharge my Con_science toward all, and if you would have me to be your Friend, you must take New Measures, and Learn of Christ, for he did Good to all, and hurt to none; and if you would not have me to speak against you, you must not give me the Occasion.

I am sure my Soveraign will not allow you to Villifie and Abuse us; for He is a Prince of Justice as well as Mercy, and hath promis'd, That He will Defend us, and not only so, but will venture as far as any in our Vindication, and the King was satisfied with our Loyalty, and declared it to the World, and how dare you condemn the Kings Judgment, and Scandalize the Church; for all that knows Her, knows Her to be the only Church for Loyalty: for doth any of you own the King to be Supream Head and Governour but She? And for your part, all the World knows what you own; so that my Soveraign cannot be your Supream Governour, and therefore there is no Comparison to be made, for I myself can Weigh you all down for and Loyalty; and if I can do so much that am but one, what shall we all do? Therefore I know the King will not be Angry with me if I Vindicate the Church of England, for in Vindicating of Her, I Vindicate His Majesty, which I have always done; for when the Peers Speech Abused my Soveraign, I Answered it; for I hate Rebellion, and the Church doth not hinder any one from that Singular Gift of Loy_alty, for Her Desire is, That all should Fear God and Honour the King; and She is the Spouse of Christ, and He will own Her for His Mystical Body, and every one that truly believes in Christ, is a Member of that Body, and all the Members makes the Whole, and Her Doctrine is Holy: I wish those that own Her, would Live according to Her Doctrines, for then they would be Safe and Happy: She hath been Infallible in Her Duty to Her King, which Her Discontented Brethren knows full well, for that was the only thing that they laid to Her Charge, That She would not be Treacherous to Her Prince, nor Side with His Enemies; for if She had, you would not have been so great as you are now, tho She was not for Popery as some thought, for indeed She hath always been the Bulwark against it; and that makes you Envy Her so: for you think if you can but bring Her down, you shall do well enough with the Brats whom you Begot, tho your Infallible Belief in them may deceive you; for though you made them Enemies to the Church of England, yet I find they will prove no Friends to the Church of Rome; for indeed every Good Soul will rather endure a_ny thing than to be inslaved with Popery: And as for the Church of Eng_land, She never Lived under the Slavish Fear of it, as the Dissenters did, but doth Trust God with all, and desires nothing else but to Serve God Truly, and the King Rightly: And as for Her Revelations, as you say is Peculiar to Her Self, is a clear Mistake, and yet Her Lord and Head hath promised, That the gates of Hell shall not prevail against Her: And what is the Gates of Hell? But all those things that lead us to Darkness and Ignorance, and to fling down Gods Holy Will, and to sett up the Will of Man, and secretly makes us to be an Enemy to Christ, and a Friend to Anti-Christ? But Christ is able to Save HIS OWN, and that you shall know, for He hath His Chosen People amongst all, and I really do believe He hath His Saints and Servants in the Church of Rome as well as any other, and I hope (out of His Infinite Mercy) He will Reconcile our Differences, and make us Happy: And as for those that envies our Happiness, They shall not be able to stand before the Almighty in the Day of His Anger, for His Power is able to disperse them, and to blow them away in a Minute, as his Divine Power did the Locusts. Therefore I would Advise all the Enemies of the Church of England to be Quiet and Amend for the time to come, for while we are Contriving the Ruin of one another, God may justly destroy us all, and bring in the Heathens, who may bring forth better Fruits than we: And for your Allowing our Loyalty to King Charles I. I do not thank you, for it is well known, or else you would not have owned it; For that Destruction of Three Kingdoms, and the Death of the Best of Princes, is Writ in Gods Book, and who shall be called to an Account for it, God Almighty knows, but I am sure You cannot be Acquitted: For was it not the Fear of Popery, with your Pride, that caused the Difference, when you Compelled the Queen to go bare-foot, and in the mean time such as you Rid in Her Coach, to the great Hazard of Her Life: For (as I was told) She Miscarried; who did you learn it of, I am sure not of Christ, nor His Disciples: And for your Loyalty to King Charles I. was it not for your own Protection? For the wrath of God was so upon you for you Sins and Iniquities, that you might very well have the Fear of Gain upon you: And as for the Liturgy and Discipline, what made it so hate_ful, but because we had Complied as near as we could to you for Unities sake. And the Occasion of the War, and of that Good Prince losing His Life and Crown, might be (for ought I know) for Sheltering such Unfortunate Men as you are, for you were not so Sensible nor so Honest as Jonah was, for he declared the Truth, That he was the Man that had Offended, and by his Counsel the Ship was Sav'd; but you are of a contrary Nature, for you do not care if you perish your Selves, so others perish with you; but the Saints and Servants of God are not of that Nature, as Abraham, Moses, David, and Christ Himself; for He undertook Death that we might Live; and Poverty, that through Him we might be made Rich; but You are an Enemy, for you would have none Rich but your selves, thinking thereby to enslave us and triumph over us. Therefore I find you have the Nature of Cain, who Envied his Brother, because his own Deeds were Evil. For my part, I can call God to Witness I have been always for the Peace of the King and Kingdom, and there is nothing in the World that is dearer to me than the Kings Life and Happiness; and if I had a Thousand Lives, I could Sacrifice them all in Vindication of His Sacred Majesty, without the hope of Rewards or Gain; and there is none of my Enemies can Object any thing against me, but being over Zealous for my Soveraign Lord: For my Blessed Saviour hath Taught me. That I cannot serve Two Masters, and the Primitive Christians were always oblig'd to be for the Interest of the Prince in whose Domi_nions they Lived; so that it is our Christian Duty to Love and Pray for our own Prince, but we have nothing to do with any other; and whoever is for the Interest of another, cannot be a True Subject to their own: Therefore my Resolution is, That I will be True to my God, my King, and my Coun_trey, and I am resolv'd (by the Blessing of Almighty God) never to Change if I were to suffer a Thousand Deaths, because God hath Instructed me in that Way from my Infancy, and I find it most agreeable to the Word of God and my Temper, for I am naturally Inclin'd to Love Kingly Authority: And as for my Faith, it is to Believe Sincerely in Christ, and there is no other Faith where_by any one can be Saved; for I am sure He is the Infallible Rock, and I have al_ways kept to that from the beginning, and I hope I will continue so to the end: And as for The Changes of Religious Worship, that is not any thing as to Matter of Faith, for Prayers may be Altered according to Peoples Occasions, for they were never design'd to be Infallible; and if the Common Prayer hath been Altered, I did not care if it had been Altered again, and again, rather than it should be a stumbling Block to any (tho there is not any thing but what I like and love) and I think There is no Good Christian but may say Amen to them, and I could Wish our Hearts were as Holy as the Prayers are good, then I am sure there is no Body would be weary of them: But hath not such as you put the people out of Love with them, in saying, They came out of your Mass Book, and this you did to Wound the Church of England, for Her Good Will towards you; but you may see how the people Love you, for they will not accept of any thing from you, tho never so good; and if they will not accept of that they may, I hope they will not accept of that which they may not: for if they do, they will not deserve the name of Men, and how much less then, will they be worthy of the name of Christians, for if they do not own Christ now, they shall not be own'd hereafter.

Sir, I wonder how you dare Condemn the Church of England (I mean that part of it, which is for the King, Common Prayer and Bishops) for Her Faith Teaches Her Piety to Her God, and Loyalty to Her Prince; therefore She may appropriate to Her Self alone, The Principles of True Loyalty above all; for Her Doctrine is True, and Exhorts all to Repentance and Good Works, and Teaches a True Faith in Christ, and doth not Judge any Hereticks that differs with Her, but owns that whoever truly believes in Christ and Works Righteous_ness, may be in a State of Salvation: and She is Christs Beloved Spouse, and He will own Her, and I doubt not but Her Faith is great enough (with Gods Help) to stand against all Her Opposers, for Christ will Beautifie Her for His Words sake; for tho She doth not Teach us that Presumption as to think that any Man is Infallible, yet She owns Gods Word to be Infallible, and Eternal, and a Perfect Guide to Salvation. I wonder how any one can be Her Enemy, but why should I? Was it not so from the beginning, for was not Cain Envious a_gainst Abel, and was not brave and renowned Men in their Generations Enemies to Moses, and did not the High Priests Plot against my Blessed Saviour? And did not Christ tell his Disciples, That the time would come, that they should think they did God good Service to destroy them? They were not Heathens that did it, but those Mistaken Christians that thought they should Merit by it; for I find all a_long that Satan hath made use of those that ought to be the greatest Friends, to be the most Inveterate Enemies, as when he made use of a Disciple to betray his Lord; and that great Disciple that declar'd most Love to his Lord, was the first that disown'd Him. This is the Spite of our Spiritual Adversary; and the Wisdom of God suffered it so to be, that we should not Trust in any thing, but in the most High God, that always takes care of them that Trust in Him, and none can prevent the Providential care that God takes of His, and Christs Church must look to be Persecuted by the Enemies of Her Lord, but through Him She shall be more than a Conquerer. Who is he that is so Presumptious to Brand her with Killing of Kings? She Abhors such Doctrines, for She is a Preserver of Kings and Princes, and makes more of Her Word than the Enemies doth of their Infallible Promise, and I doubt not but it will pass currant. Hath not you been Angry with Her Kings for Her sake, and for what Reason; only because She owned the Word of God in Sincerity: And out of Envy you sent Men to divide Her Members, and destroy Her Government, and have you not been Contriving Her Ruin all along, and Transforming your selves into all Shapes to bring it to pass? And who begins all Quarrels but you? And do you say, That the Church is a Viper? No, no, it is such as you are; for you envy our Happiness, and would Hurry us into a Confusion, because you think the King Loves us too well, and stands in the gap to hinder Your Intentions, and is like an Angel to keep Peace amongst us, that every Man should Enjoy His Right and Property: But this is contrary to your Temper, for you long to Enjoy what other Men have; and therefore the Church of England is the great Eye-sore: And since the King hath been so Gracious to give Liberty of Conscience, you think that all the Dissen_ters should be against the Church to Devour Her: but God knows it was for your sakes that the Laws were put against Dissenters, and how many Good Souls was against it, but dare not speak for fear of being counted Whiggs; but for my part, I made Application to the late King, That the Laws should not be put against them, not that I lov'd them so well, but I knew their Nature, and don't delight that any should be Afflicted: No, not the Roman Catholicks, but you intend well to Reward us; and for my late Soveraign you have Abused Him suf_ficiently, but you got Money by it.

Sir, I am sorry for your Ignorance, that you should think the Church was in Her Infancy in Edward VI. Time. It is a clear Mistake, for She hath been ever since Man hath had a Being; and do not Despise King Edward, for he was a brave Prince, and I doubt not but that he is a Saint in Heaven; and methinks it is not Wisdom in you to Lampoon upon the Confession of Faith, because it was Com_piled in Thirty Nine Articles; for they will stand when you will fall: and for you to say, She Set up a Brat of Her own: Was it not the Kings desire that it should be so to Prevent Popery, and what harm would it have been for Queen Mary, if it had been so? For her Reign was but Short and her Life full of Trouble, and tho she sent a great many to Heaven, she will have no Reward for it; for she might have been a Better Christian, if she had Let Them Alone: But why were They so Envious as to Burn the Bibles? For whoever Hateth that, is an Enemy to God: From such the Lord Deliver my Soveraign and all Good Souls; And the Lord grant a Right Understanding, for what Mischief hath been wrought for want of it: For Christ says, He is a Door and a Vine, and if any could not understand it, must they be put to Death. Who is the giver of Un_derstanding but God? And to some it is not given that they should understand the Mysteries of Heaven, and since it hath pleased God to give us a Right Un_derstanding, why should you be Angry? You had need to pray to God to Re_ctifie your own Understanding; for there is not any thing more like the Devil than Envy: And how Destructive would you be if you had but Power, that you dare to lay the Death of Queen Mary at our Door, when you ought to have blamed the Presbyterians for hunting her out of her Kingdom; and if Queen Elizabeth did Cut her off, what have we to do with that? Should the King be blam'd be_cause the Duke of Monmouth was Rebellious; God forbid, for I am sure my So_veraign lov'd him so well, that he would have delighted to have made him Great and Happy, if he had not wrought his own Destruction by his Rebellion; there_fore let it be upon his own head, and to those that Advised him to such a wicked Thing: And for to Villifie Queen Elizabeth, is a thing I Abhor, for I hate any should speak Evil of any Body that is Dead, but how much more of Queen Elizabeth: And do not all know that King Henry VIII. was lawfully Married to Her Mother, and if the Pope delayed the Divorce, it was no Fault of the King nor Kingdom; and did not John the Baptist lose his Head, because he told He_rod it was not lawful for him to take his Brothers Wife? Therefore how dare you to say, That the Queen was a Bastard, when all the World knows it is a great Lie? For every Good Christian ought to Love Her Memory, and you to Chuse, for if She had not denied her Self that blessed happiness of Marriage, my Sove_raign Lord had never been King; and therefore for His sake as well as Her own, I shall always Love and Admire Her Memory; and if Gods Providence had not defeated the Powder Plot, my Precious Soveraign would not have had a being in this World, nor that which is to come. Therefore I will always Admire and Adore the God of Heaven, that doth prevent the Wicked Intentions of Evil Men. For how hath God preserv'd His Anointed from the Spite and Malice of Men and Devils, and from the Raging of the Seas? And I hope He will Preserve Him still, that He may Glorifie Him, that neither Men nor Devils may prevent Him from doing His Liege Duty to God; for it is He alone hath Preserv'd Him, and kept Him hitherto, and I hope He will for ever and ever: And that He may not forget who Destroyed His Grandfather, Henry IV. of France, For They are the Snakes that will sting to Death: And for the LAWS, they shall stand to Whip such as You, that would Destroy both King and Government. I know you would Unthrone my Soveraign, for to make your selves Lords and Princes over us; but I hope God will never suffer it: for I know you are like the Wheadling Dissenters, that would not Trust the King with His own Power, but pretend_ed they would Employ it, and make Him a Glorious Prince; but it was to De_stroy Him: so You would Wheadle the Church to take away Her Power, and then you think to do well enough with my Soveraign, when you have got the Power, and then you'll show your Loyalty: but I hope the King will keep His Power, and Trust to none of you; for you will all prove Treacherous if you can but make any Advantage of it; for you cannot but know the sinking Condition of your Kingdom; and that makes you so Busie; therefore you don't care who sinks, so you swim: but what is it that can hinder Gods Intentions, but Re_pentance and Amendment of Life, for that is the Glory that God desires; for that end Christ came into the World, that God might be All in All, and there is no doubt but God makes the Angels Ministring Spirits, but they cannot do any thing of themselves, for they continually Wait upon the Almighty; for when He moves they flee, and what Injury can it be to you to pray to God that moves all Things? I think it is the greatest Favour that can be given to Mortals, but you say, You are not Worthy; and pray what is the Reason of that? For did not Christ Die for all that would lay hold of Him? But I find you have not attain'd to that Excellent Perfection to have a True Faith in Christ, for if you had, you would never have brought your false Accusations against us; for what do we do, that you find so much Fault with us? for I am sure all Condemns us for doing so much. And as for the Dissenting Parliament, I was as much against them as any, but I wondered that they did do no more, when the late King said, He would E_stablish the Protestant Religion to the End of the World; but they were so Factious they could not agree; for there was a Duke stood in their Way; but did not we stand for Him, and overthrow all their Doings? And did not we value the Kings Life (that now is) above our own: We could not adhear to their fair Pretences, to do Evil that Good might come of it, neither to hurt Him in the least, but Trusted God with all; and if He was a King (as He is) we would lie at His Mercy: And what made the Dissenters to be so much against us, but because we were so much for His Majesty? And how dare any to Abuse us? I have not Patience to bear it, for if I let it alone, the very stones would speak in Vindication of Us. And as for the Parliament that now is, it is a very Honest Parliament, and I Love them, and Wish them all Well, and they are Knaves and Fools that speaks against them; for they have Established the King in His Throne, and Beat down His Enemies, and have Supplied His Wants; And what is it We have not done for our Soveraign? For we Love Him above all things in this World, for we Acknowledge Him to be Christs Vice-gerent, and therefore we own none (for our Governour on Earth) but He; and I do not doubt but our Loyalty will out-doe all Upstart Loyalty; for ours doth not proceed from Shaftsbury, but it proceeds from God: Therefore the Church of England needs not Change Her Loyalty, neither will the King doubt it; for He is assured of Her Fidelity long ago, Therefore She need not Learn of Her Catholick Neighbours, for she is able to Teach the World Loyalty to Prin_ces. And as for the Kings Perswasions, he hath Manifested to the World, He is a Christian Catholick, and no Roman Catholick; for he doth not Tie up Consci_ence in such a Narrow Compass, as to think none are Christians but those that owns Rome; and He hath declar'd, That it hath always been His Opinion, and that His Majesty calls God to Witness: And as for Your Complaint of King Charles I. That He would not own nor Succour you; He is not to be blam'd for, that, for was not the Factious Party so set against Him, that they were ready to devour Him for Your sakes? And for Your Boast, That you Exposed your Lives and Fortunes in the Kings Service, it would have been better for Him if you had not been so for_ward; you say, You took great Pains in Perswading to Loyalty. I do not know what you did for the Father, but I am sure you did it not for the Son: And for You to Examine the Behaviour of the Church, Is it not known to the World that they both Perished Together? And the Dissenters were in good hopes They should never rise no more; but (contrary to all the Expectations of such as you) God hath given Them A Blessed Resurrection: And who should His Sacred Majesty be Kind to (when He Entered the Throne of His Brother) but the Church of England, who stood in the Gap, when you did not dare to appear? You say, The Kings Promise did Elevate our Spirits; And well it might, for is not the Favour of a King Life? And if we did Droop, it was not that we Feared our Prince, But such as You, as Counts Us Hereticks: You say, It was never known that the King did break his Word; but it is no God-a-mercy to you; and now You think you should be Happy if the Test and Penal Laws were Taken Away, but I hope the King will not satisfie your Desires; for though His Maje_sty doth not make use of them, They may stand as Rods doth upon Mantle-Trees, to keep Rebellious Children in Subjection. What have you done for the King that He should so much admire you? I am sure he hath been a great Sufferer for you, and why should you Condemn the Power of our Church for Chastizing Of_fenders, when God never Established a Church without it; for did not God give the Children of Israel Laws in all Things, and those that would not submit to them, was to be severely Punished; and if any did secretly Intice to serve other Gods, They were to be stoned to Death: And as for the Death of the Priests that you so much complain of, were not the Laws of God and Man against Them? But what do you make so much Complaint for, hath not the King Pardoned every Body, that all should be Quiet? And I would not have any one think that the Church of England is not worthy to obtain the Affections of Her So_veraign, because she will not comply to you: For God knows she is no Snake, and therefore the King may Trust her, and She needs no New Article; and were not you ashamed to say, That One Article of Loyalty was more than the Thirty Nine, You are a Goodly Christian: And as for Your Parliament you boast on; That will not so easily Admit a New Article into Their Creed: They may be such (for ought I know) that will not own any like them that will own Christ with_in, but disobey Him in the Chief of His Command: But is this your Love? You ought rather to have studied the Peace of his Kingdoms, but you would hurry all into Confusion, and then Laugh at us when you have done. Do you think we value the King and Government at so small a Rate, as to resign up our Interest to such as you? No, we value that above the World, and therefore do not Con_demn them that are not free to Abrogate the Test; for if they be, I think they do not Love His Majesty, or is not willing to serve him; for the Test is only an Assu_rance that they might Serve Him: and as long as They are Just and Honest, I know none more fit; for they have been True to their King, and I hope they will be so to their God, for I am sure Gods best Servants, are the Kings best Subjects: and as for Your Opinion which is Spread through Christendom, Is no Argu_ment of the Truth of it; for Christ says, My Flock is but a little one, and many are Called, but few are Chosen: And as for the Corporal Presence of Christ, which you count is his Real Presence, is a Clear Mistake to think that any of the Divines of the Reformed Church do own; for Christ cannot eat Himself, but for His Divine Presence, God forbid any own should disown; for Christ hath pro_mised, That where two or three were gathered together, he would be in the midst of them, and how much more at the Administration of His Blessed Sacrament, which Represents His Death. None disowns, but that (by Faith) it is the Spi_ritual Body and Blood of Christ, but as for His Natural Body it is in the Heavens, and there to be Reserv'd till the Dissolution: Therefore It cannot be broken nor eaten. And as for the Gravity of the Church of England: That She is fond of any New Point of Faith, and that you say her own Children blames her. Alass, they do not understand the Subtilty of the Spiritual and Temporal Adversary, for God would not allow a Similitude of His own Presence, for God says, What will you liken me to? And when Moses Died, did not God hide him, and was it not because the People was naturally Inclin'd to Idolatry? And doth He not fill the Heavens and the Earth, and is He not in all Things else, and where was He be_fore the Heavens were made? Is He not Almighty, and His being is in Him_self, and who can conceive Him? For when He moves the Angels flee, and the Cherubims cover their Faces? For who is able to behold His Glory? What then will become of sinful man, since God is so Glorious that none can stand before him, if Christ had not took Humanity upon Him, and thereby made us partakers of His Divine Nature, that we might be capable to partake of His Glory, in his Eternal Kingdom? Therefore you that are Enemies to Christ and his Saints, I would intreat you (if ever you intend to be happy) to Repent, and do not be overmuch Conceited of Your Infallibillity; for you see the Jews were Mistaken, and do you think to be more Infallible than they that God planted with Miracles, which he never did yours? I know there is nothing Infallible but God and His Eternal Word, and I do really believe the Gates of Hell shall not prevail against His True Church, but is it any Argument that you must be that, because you have a Being in the World, and don't you know some may Die and yet Live, and the Fallen Angels were not destroyed, for God prepared a place for them; for there is nothing comes by Chance, for Gods Providence takes Care of all, and God will be Glorified of all. Therefore I would not have you to be deceived, but to Believe, for God tells you, That Soul that sins shall die, he doth not say, That he shall go into Purgatory, and that some Men of your Order should Punish it, and when you think it is enough, a good sum of Money will send it to Heaven. Doth not this Rob God of His Power? And whereas He hath commanded, that there should be no other Gods but Himself, doth not it make many? For there is none hath power over the Soul but God, for is it not His own Breath? But pray tell me where this place is, and which way they go to it, and who it is that keeps the List of every Mans sins? For certainly you must send some Trusty Messenger that must bring the List of their Iniquities safe, for else every sin will not be pu_nish'd, and how do you know when they are, and who is he that can tell how ma_ny sins a man commits, for they are very cunning and may not confess all? And there be some things that Men count sin, which God may not, and some things which Men count not; how can you distinguish, I am very Inquisitive to know because I lov'd my late Soveraign, and I highly condemn you for your Unkind_ness, for if you had had any Charity, you could not have let him staid so long; but I hope God will deliver my Soveraign (that now is) that He shall never come under such Dominion. You stole away my Soveraign, and yet are not you Contented? Methinks this should have made you New Creatures, the Favour of such a Prince. But what disturbs you that you should be so Angry with us? What doth the Sun shine too bright upon you? Or doth God shew you too much Favour? Or have you got the Nature of the Fallen Angels, that did not know when they were Happy, or hath Shaftsbury left his Spirit for a Legacy, that you may carry on his Designs? Do not Disturb the Kings Peace, but rest Contented, lest God Clips your Wings, and if you Fall, I hope you will have no more Resurections in this part of the World. And tho others may prompt you, to be an Enemy to the Church of England, yet their Fall would be your Ruin. But God be Thanked we have no need to Fear, for the King will not with-draw his Favour from us, neither shall Men or Devils prevent it.

And so GOD Save the KING. |CRE |Y1692 A LETTER FROM Mr. HUMPHRY HODY, TO A FRIEND, Concerning a Collection of Canons said to be Deceitfully omitted in his Edition of the Oxford Trea_tise against SCHISM. In which is likewise Contained An Offer of Certain Propositions to be prov'd by the Advocates for the New Separation. WITH A Vindication of the Authority of the Civil Power in Depriving such BISHOPS as refuse to submit to it. &horbar Nemo vos, Fratres, errare � Domini viis faciat. Nemo vos Christianos ab Evangelio Christi rapiat. Nemo Filios Ec_clesi� de Ecclesi� tollat. Pereant sibi soli qui perire voluerunt. Extra Ecclesiam soli remaneant, qui de Ecclesi� recesserunt. S. Cypr. &horbar OXFORD, Printed by L. Lichfield, for Ant. Pisly Bookseller. 1692. &horbar &horbar A LETTER FROM Mr. HUMPHRY HODY, TO A FRIEND. Concerning a Collection of Canons, said to be deceitfully Omitted by him, in his Edition of the Oxford Treatise against SCHISM. Sir,

A Day or Two ago, upon my Return out of the Country, I receiv'd your Letter, which had lain some time expecting me. In which you are pleas'd to advise me, concerning a Report industriously spread abroad, by the Abettors of our present Schism, That the Treatise against it, which I lately Translated out of the Barrocian MS. is Par_tially, and Deceitfully publish't; That there are some Canons belonging to it omitted, which would, if publisht, have unravel'd the Whole. I had heard of such a Report before I receiv'd your Letter, but I rather admir'd at the Heat and Judgment of those that first perus'd it, then thought it worthy to be taken notice off by me, and refuted. I could hardly believe, that they, that were the Authors of it, were really in earnest, when first the Noise was made; and, if they were in earnest, I knew that their Judg_ments were determin'd by so strong a Biass of Resent_ment and Zeal for a Cause, that all men must easily perceive it. I could not perswade my self, that any Person of common Ingenuity and Candour, could be_lieve me guilty of so dull a Piece of Knavery, a Kna_very so easily discoverable, and that by my own Di_rection. It was really very entertaining to observe, to what little Arts and Shiftings our Adversaries were reduc'd. I plainly saw by their Passion, and their holding up dirty Hands, that I had given 'em a Fall. And I could not wonder, that so small a Person as your Friend should be so stigmatiz'd, when even Cecilianus, the great Arch-Bishop of Carthage, was, by the Schismatical Donatists, call'd downright Nebulo. Knave, in a Letter to the Emperour Constantine; and that too, tho He himself had Judicially acquitted him, and declar'd him a worthy Arch-Bishop. 'Tis this is the Humour, and indeed the Unhappiness, of Mankind: If in your Opinions, or Actions, you chance to run counter to a Party, there is no expecting of Quarter: you are fallen in among Rapparees, and, if it lies in their power, God have mercy upon you, you will certainly fall by one Weapon or other; you must either be a Fool or a Knave. Where the Bluntness of the for_mer will not pierce, there the Sharpness of the latter must be try'd. They will stab one at the Heart, if they cannot knock one on the Head. This they will be sure to endeavour to do: but the best of it is, it does often happen, that there's no one hurt but Them_selves. I was confident it would prove so with me: I knew it was impossible, that the Dirt, wherewith I was so freely and bountifully bespatter'd, should stick long upon me, that a little Time would of course dry it off; and if not so, 'twould however come out by the least Rubbing. The Design of those, that first blew abroad that strange and improbable Rumour, was so obvious to all, that would give themselves leave to Think, that I could not imagine, any Per_sons of sound Understanding could possibly give Ear to it: The Fort I had happily rais'd was very strong and impregnable, well-mann'd with stout and uncon_querable Veterans; and who could not see through so common and usual a Stratagem, as that of a False Report? What else could be done to keep up the sink_ing Spirits of the Adverse Party? It was necessary they should be perswaded, that tho there was an Ap_pearance of many Brave Men upon the Walls, yet there lay in the Town conceal'd, a much stronger Party, Well-wishers to Them, that would shew Them_selves shortly, discover the Weakness of the rest, and deliver up the Place.

These Considerations, Sir, made me altogether secure, and regardless of that idle and unlikely Tale: But you blame me, you say; I must not any longer despise it; It is still, as you tell me, con_tinu'd, and by many believ'd. And the Author of a Pamphlet entitl'd, An Apology for the New Separation, &c. has made a publick Complaint of my Disin_genuity in this matter? He says, he is assur'd by his Friends in Oxford, that that Collection of Canons, which follows our Tract in the MS. is a part of the Tract, and that it shews plainly, that the Author of the Tract, when he contends, That A Bishop unjustly depos'd ought not to make a Division in the Church provided his Successor be Orthodox, is to be understood of onely a Synodical Deprivation; By which he means, that the Author of the Treatise supposes, that, if a Bishop unjustly depriv'd, be depriv'd by a Secular Power, and not by a Synod of Bishops, then he is not oblig'd not to make a Separation. Upon this ac_count, I see 'tis high time to rowse up my self a little, since the Philistins are so much upon me. I shall now, Sir, obey your Commands, in laying before you those Canons which our Adversaries so much boast off, and the Reasons why I did not publish 'em to_gether with the Treatise; That you your self may judge what a Nothing that is, that has made such a Bounce; that 'tis onely meer Powder, that can hurt no one else but the Person that Fires.

In the first place, Sir, I must assure you, That when I transcrib'd our Treatise out of the Baroccian MS. I did it as an Historian, or a Philologer, or what_soever else you will call it, not imagining then, I should ever send it abroad upon such an Occasion: If therefore the aforesaid Canons do truly belong to the Treatise, it is to be imputed to the error and mistake of my Judgment, and not to an ill Design, that they are omitted. I perus'd 'em, I remember, at that time, and they seem'd to me (as they still do) not at all to belong to the Treatise. They are written, I grant, in the same hand, and immediatly follow the Treatise, but (for God-sake!) what then? Are they therefore a part of the foregoing Treatise? What a wretched Judgment must that needs be, that can draw so strange a Conclusion? Here I cannot but re_turn you that Story, which once, I remember, you told me, of that poor Country Person who would needs have the Book-binder's Leaf to be a part of his Bible: He was told, it came after the Index that was in that Bible, and was not at all to the Purpose; no matter for that, it was Printed, he said, in the very same Letter, and must therefore needs be a Part. If you pittied the Simpleness of that poor Man, what, Sir, will you say, when you see even Learned and otherwise Worthy Men so much prostitute their Judg_ments to Resentment and the serving of a Cause, that rather then not be Reveng'd on the saucy Publisher of so pestilent a Treatise, and supply their Adherents with an Antidote against it, they will let themselves down to the lowest degree of Absurdness? We grant that our Treatise and the Canons, that follow it, are written in a Hand somewhat different from the rest of the Volume: But what can be thence concluded? Are our Adversaries so extreamly Strangers to MS. Volumes, as not to know, that, as they consist very often of several Treatises, and of several Hands, so many times they have two Tracts together, or more, of one Hand? This is true in particular of that very Volume, out of which our Treatise was publisht. The other Parts of the Volume, besides our Treatise and the Canons, are not all written in the same Hand, but in several: In one Hand two or three Treatises, in another two or three Others; it being made up of the Pieces of several Volumes bound together.

First, Sir, it is to be observ'd, That he that Tran_scrib'd that Volume, out of which the Leaves of our Treatise and the Canons were taken, and put into that in which they now ly; He, I say, that Tran_scrib'd our Treatise and the Canons, seems himself to have took 'em for two distinct Pieces: For between the Abstract, or Summary, of the Treatise and the Be_ginning of the Canons, there is somewhat a wider Space, than between the Lines of the Treatise, or be_tween the Treatise and the Abstract of it. And what (I pray) if the Canons had been written just close upon the Treatise? I can shew you some Scores of Examples of Collections or Treatises wholy distinct, so closely connected in the Writing, without any Note of Distinction, that no one, but he that reads 'em, can possibly take 'em to be distinct. Who so little ac_quainted with this sort of Learning, as not to know, that Librarians, or Transcribers of Books, were oftentimes ignorant Persons, that did not at all under_stand what they wrote, but, like Horace's Painter, join'd oftentimes the Head of a Man to the Neck of a Horse?

In the Second place it is to be observ'd, That the Treatise as it is in the MS. and as it is publisht, is thus concluded: TO CONCLUDE ALL IN A WORD; ONE THING ONELY was requir'd by the Church (katholou gar eipein hen monon exēiteito hē ekklēsia &c.) that the new Bishop should profess the same (Orthodox) Faith with the other that was depos'd, but as for other Complaints and Accusations, except it were Heresy, she never made any Examination into them. What Person of so little Sagacity and Judgment, as not to see, that here the whole Treatise is ended?

In the Third place, I shall give you as clear and plain a Demonstration, as can possibly be brought for the Confirmation of any thing of this Nature. It is this: Between the Conclusion of the Treatise, and the foresaid Collection of Canons, there comes in, in the MS. the Abstract or Summary of the Treatise, which stands, as it were, for an Index, as 'tis pub_lisht in both the Editions. I cannot but admire, how it possibly could enter into any Man's Head, that that is a part of the Treatise, which follows the Abstract or Epitome of the Treatise.

In the Fourth place, it is to be observ'd, and this is likewise as clear a Demonstration as any one can possibly desire, That the Canons which follow our Treatise are barely transcrib'd, not at all connected by any words of the Transcriber; Not a word of his in either the beginning, or the end, or mixt with 'em, as I know by comparing them with those that are Printed; When yet it is certain, that the Author of our Treatise does every where use his own Style. Neither does he make any mention, in any part of his Treatise, that he would subjoin any Canons. If the Canons had belong'd to the Treatise, 'tis ab_surd to imagine that the Author would have said no_thing of 'em, not exprest his Design in transcribing 'em. And if he had produc'd 'em, as our Adversa_ries would have it believ'd, to shew that in the fore_going Treatise, he understood onely a Synodical De_privation, why does he not somewhere say so? Why make no mention of a Synodical Deprivation? Why leave us to judge of his meaning by his gaping?

This News, Sir, I know, will surprize you, which I tell you concerning the bareness of the Canons, that they are nakedly transcrib'd, without any one Word added by the Transcriber; For you tell me, I remember, in your Letter, that they that talk of this Matter, are wont to bring this for an Argument that the Canons belong to the Treastise, That there are added some Words at the end of the Canons, which plainly refer to the Treatise. And for this, as you say, the Authority of a very great Man is wont to be quoted. Let me tell you, Sir, I can now leap about with a heurēka. It is true, The thing has been all along confidently affirm'd by a very great Man, as you very deservedly call him: But take my Word for't, You will hear no more of that Matter. I enquir'd, Sir, lately of that Learned and otherwise very Accurate Person, What Words those were which he meant; and I found he had mistaken a Part of the last of the Canons for the Words of the Transcriber. This is strange, you will say: I, for my part, shall say nothing of it; but leave it for others to judge. But this I must add, that the Words which were alleg'd by that Gentleman to be the Transcriber's own, supposing they were the Transcriber's, (as we know very well they are not) do contain nothing in 'em, that could prove the Transcriber to have been the same Man with our Author. There is nothing from whence it might be gather'd that the Canons did be_long to our Treatise; not a Tittle from whence it might be prov'd that our Author therefore transcrib'd 'em, to shew that he meant a Synodical Deprivation. You will judge of this by and by, by reading the Words your self. You will easily see, that Men, whose Eyes have contracted a Yellowness (whatsoever otherwise their Temper or Constitution may be,) read every thing agreeably to the Colour in their Heads.

I come now lastly to the Canons themselves; Let them speak for themselves: We need nothing else to refute the strange Fancy and Dream of our Adver_saries. The Argument, you know, of the Treatise, is to shew by many Examples, That it's contrary to the Practice of the Antients, for a Bishop unjustly de_pos'd to recede from the Communion of an Orthodox Successor. Pray look with both Eyes, and see if you can possibly find in the Canons any thing truly pertinent to that particular Subject. The Ar_gument and Design of them, is against private Con_venticles without a lawful Presbyter: against a Pres_byter or a Deacon's withdrawing from the Com_munion of his Bishop without a just Cause: that a Bishop being condemn'd by the Bishops of the same Province, it shall not be in the power of the Bishops of another Province to take the matter into their Cognisance: against such Presbyters as shall sepa_rate from their Bishops on pretence of some Crimes they can charge 'em with, before they be legally convicted: against such Bishops as shall pretend to condemn their Metropolitan, and to leave his Com_munion on pretence of his Vices, before he is legally condemn'd: and lastly, against such Metropolitans as shall act in like manner with relation to their Patriarch. I shall here translate you these Canons in the same order as they ly in the MS. In Doctor Beveridge's Synodicon you may read 'em all in the Original.

Can. Apost. XXXI. If a Presbyter shall in con_tempt of his Bishop, gather a separate Congregation, and erect another Altar, his Bishop being not condemn'd Not. That the seeming supposition of this Canon, that its lawful for a Pres_byter to recede from the Communion of his Bishop, and to set up an Altar against him, if he be a Vicious Person, is unjust, as Balsamon affirms, and contrary to the express declaration of other Canons of the Greek Church, and particularly one of those that follow. But I scarce doubt, but that they that compos'd the Canons, in_tended that the Bishop should be judici_ally and Canonically condemn'd for the Crime alleg'd against him by the Presby_ter, tho the words, mēden kategnōkōs en eusebeiai kai dikaiosynēi, do not plainly express it. by him for any Impiety or Injustice, let him be depriv'd as Ambitious. For he is a Tyrant. In like manner others of the Clergy that shall ad_here to him. But let the Laity (that shall make themselves of his Party) be ex_communicated. And let these things be done after three Admonitions given by the Bishop. What is this (in God's Name!) to our Treatise? How does this prove our Author's Meaning to be of a Synodical Depriva_tion? What is this to the adhering to a Bishop not Synodically Depriv'd, in opposition to another put into his Place?

Can. Concil. Gang. VI. If any one in contempt of the Church shall gather a private Congregation, and do those things which belong to the Church, without a Pres_byter appointed by the Bishop, let him be Anathema. What relation could this Canon have to the design of our Author? It was made, as Zonaras tell us, a_gainst the Eustathians, who despis'd the Congrega_tions of the Church, and set up Conventicles in their private Oratories; and here they are forbid to celebrate the Service of the Church, even in the pri_vate Chappels of their Houses, without a Presbyter appointed 'em by the Bishop. This our new Recu_sants would do well to observe.

Can. Concil. Antioch. V. If a Presbyter, or Deacon, shall in contempt of his Bishop separate himself from the Church, and set up a Conventicle, and erect an Altar, and not submit to his Bishop after a second Admonition, let him be depos'd, and let him be uncapable for ever of being restor'd to his Honour, and the Cure of Souls. And if he goes on to raise Troubles and Seditions in the Church, let him be punisht by the Civil Power as a Rioter. How could this Canon be produc'd by the Author of our Treatise as pertinent to the Subject of it? What's this to a Bishop depriv'd by a Lay Power, and the leaving his Communion who is put in his place, which our Adversaries tell us is warranted by the Author of our Treatise?

The XVth Canon of the same Council. If a Bishop being accus'd of any Crimes, shall be condemn'd by all the Bishops of the Province, and all shall unanimously agree in the Sentence against him, he may not be judg'd again by others, but the Sentence past unanimously by the Bishops of the Province, shall be valid. This Canon was made to prevent Appeals, which a Bishop depriv'd by the Bishops of the same Province of which he was, might make to some other Bishop, or Bishops, of another Province. Pray, tell me, how it makes to the Busi_ness and Subject of our Treatise. What Lynceus so very strong sighted as to see a Thing at that Distance?

Can. Concil. Carthag. XI. If a Presbyter through Pride shall make a Schism against his Bishop, let him be Anathema. This is onely an Epitome of the XI. Canon of the Council of Carthage. What a rare relation it has to the particular Subject of our Trea_tise! What a plain Demonstration it affords, that the Author understands a Synodical Deprivation!

The XIII. Canon of the Council call'd the First and Second. The Devil scattering Heretical Seeds in the Church of Christ, and seeing them cut off at the Root by the Sword of the Spirit, has pitcht on another Me_thod, and endeavours to divide the Body of Christ, by the Madness of Schismaticks: The holy Council, in order to prevent this Snare as well as the other, has decreed, That if any Presbyter or Deacon having condemn'd his Bishop for any Crimes, shall dare to depart from his Com_munion, and refuse to recite his Name in the Publick Prayers of the Church, according to the usual Custom, before he be Synodically tryed and perfectly condemn'd, that Person shall be depos'd and depriv'd of all his Ho_nour in the Priesthood. For any one plac't in the order of a Presbyter, if he takes upon him to prevent the Judgment of the Metropolitan, and to condemn and pass Sen_tence on his Father and Bishop, he is not worthy of the Honour or Name of a Presbyter. And they that adhere to such as have done so, if they are of the Priesthood, let them likewise be depriv'd of their Honour; if Monks, or of the Laity, let 'em be Excommunicated, till they leave the Schismatical Party, and return to their re_spective Bishop. I shall pass a Remark on this, and the other two which follow, together.

The XIV. Canon of the same Council. If a Bishop upon charging his Metropolitan with a Crime, shall with_draw from his Communion, and refuse to recite his Name in the publick Service of the Church according to Custom, before he is Synodically tryed, the holy Council decrees he be depos'd, upon Proof that he made such a Schism. For all Men ought to observe their proper Duties, and the Presbyter must not despise his Bishop, nor the Bishop his Metropolitan.

The XV. Canon of the same. What has been de_creed concerning Presbyters, Bishops, and Metropolitans, the same is yet more reasonable with relation to Patri_archs. If therefore any Presbyter, or Bishop, or Metro_politan, shall dare to recede from the Communion of his Patriarch, and does not, according to Custom, recite his Name in the Publick Service of the Church, but makes a Schism before his Patriarch has been Synodically try'd, and perfectly condemn'd, the holy Synod ordains, That, upon Proof made of such a Schism, he be depos'd. Here being the Words which the Learned Mr. D---- took to be the Words not of the Canon, but the Transcriber. And these things are ordained, and ratified concern_ing those who upon pretence of cer_tain Crimes shall separate from their respective Bishops, and make a Schism, and break the Communion of the Church. For they that separate themselves from the Communion of their Bishop, for a Heresy condemn'd by the holy Fathers and Councils, he publickly professing and preaching the Heresy, shall be so far from being obnoxious to any Canonical Punishment, on the account of such a Separation, that they shall be honour'd as becomes true Believers. For in such a case they do not condemn true Bishops, but false Ones and they do not break the Unity of the Church by a Schism, but endeavour to deliver the Church from Schisms and Divisions. Here ends the Collection of Canons. That which follows immediately in the MS. is altogether forreign both to them and the Treatise, a Fragment of a Story concerning Artaxares and Chosroes of Persia.

And now, Sir, you have read all the so much cele_brated Canons, which have rais'd so great Expecta_tion, and been made the common Defence of those that have been prest with the Authority of the Ox_ford Antiquity. When you light on any of the Ad_versaries of the Oxford Antiquity, pray shew 'em free_ly to them, and desire them to make their best of 'em: Much good may they do 'em. If you meet with any of 'em so very Judicious, as to lay any Stress on the Mention that is made, in these Three last Canons, of a Synodical Deprivation; pray desire them to be so just to you, as to give you a Reason. Let 'em give you a Proof that those Canons are a Part of the Treatise. Let 'em shew how it makes for their Cause, that in them there is mention made of a Synodical Deprivation; how it proves that the Author of our Treatise is onely to be understood of a Synodical Deprivation. Desire 'em but to open their Eyes, and then they will plainly see, that the whole Design of those Canons, is onely against a Se_paration from our Bishops, and the throwing off Canonical Obedience upon our own private Judg_ments and Pretences; that the Vices or Crimes of a Bishop ought not to be made an Occasion of a Sepa_ration, unless he be legally and fully condemn'd and depriv'd. This is still the Doctrine of our Church; and what we in England call Legal, the Greeks, when they spoke with relation to Bishops, call'd a Synodical Deprivation, 'cause the ordinary way of Depriving Bishops amongst them, was by the Metropolitan, and the rest of the Bishops of the Province; who, by the Consent of the Emperour, were constituted the ordi_nary Judges of the Causes of Bishops.

I shall here add, that it is easy for any Man of Judgment to observe, That therefore the Canons, which we have above produc'd, were by some Body tackt to our Treatise in the MS. because of some kind of Relation which they seem to have to the General or Material Subject of the Treatise, viz. Schism and Bishops, tho they have not any Pertinency or Rela_tion to the Formal or Particular Subject of it, The adhering to an Orthodox Bishop in possession, tho the for_mer Bishop was unjustly turn'd out. We know, that most of those MS. Volumes, which now our Libra_ries afford us, were nothing else but so many Vo_lumes as it were of Common Places, in which Men of Learning and Study heapt together such Things as seem'd to them something akin. And hence it is, that in most Theological MSS. or at least in very many, you meet with Canons of Councils disperst up and down according to the Subject of the Treatise foregoing. Hence likewise many Fragments of the Fathers subjoin'd to Discourses of Divinity, and o_thers out of the Historians subjoin'd to Historical Treatises, and the like. A Thousand Instances of this may be easily produc'd, if need were; but I shall not spend Pains and Paper in what will easily be granted by all that are acquainted with MSS.

I must not here omit, that besides the Copy of our Treatise which we ow to the Baroccian Volume, there is at this time extant another in France. It is men_tion'd by the famous Cotelerius in his Notes upon the Third Volume of his Monumenta Ecclesi� Gr�c�. He quotes it under the Title of a Treatise Offendi pariter in opusculo nunc inedito, olim si Deus dede_rit edendo, De celebri Schismate ob Josephum Presbyterum, h�c verba. tauta heurētai en tōi tou hagiou Nikōnos deuterōi Bibliōi, en miai tōn Methodiou epistolōn p. 645. Concerning the famous Schism which was rais'd upon the account of Josephus the Presbyter, and he says he intended to publish it. That that which he mentions is the same with our Treatise, appears by a certain Quotation of one of the Epistles of Methodius out of the Second Book of Nico, which is produc'd by Cotelerius out of it, and is in the very same words in our Treatise. Since I publisht the Treatise, I receiv'd this Observation from the Famous and Learned Mr. Dodwel. Now if any one is so very unwilling to be convinc'd, as not to be satisfied with what we have hitherto said, and he thinks it worth his Curiosity, he would do very well to desire an account of this Copy from some Body at Paris. It is, I suppose, to be found in the King's Library there, tho Cotelerius makes no men_tion where he had it. Five Hundred to One, but a Month or Six Weeks hence we may have a Report spread abroad, that Advice has been sent from Paris, that the aforesaid Canons are found in the MS. there in the self same manner as at Oxford. A spurious Letter, as from some considerable Man, the Librarian himself, or some other, will do very well for that purpose. This would be but a very dull Im_posture, since the Canons make nothing to the Pur_pose of the Treatise: However, I shall here let you know, that it often happens, that Two distinct MS. Copies of a Treatise have the same things subjoin'd at the end of their Treatise. And the Reason is plain, viz. Because they were either transcrib'd from one another, or are both descended from the same. I know, This is very Dry Food for a Person of so deli_cate and nice a Digestion as you are; But however I shall give you one Instance. We have here in Ox_ford amongst the Barocian MSS. a Copy of Anastasius Sinaita (Nicenus some men miscall him) his Qu�_stiones Theologic�; at the End of which there are added many Fragments of several Authors, which by the manner of Writing you would take to be part of the Work: Another ancient Copy of the same Work is extant in the aforesaid Library at Paris, in which the same Fragments are exactly found, as I know by a particular account of that Volume which I have met with; And yet it is certain that the Frag_ments, we speak off, are not part of the Work of Anastasius, but annex'd to it by some ancient Libra_rian. Concerning the Schism which was rais'd upon the account of Josephus the Presbyter, of which there is mention in the Paris Copy, as the occasion of our Treatises being written, I shall tell you something by and by.

Before I utterly dismiss this Cause, I shall begg your leave to observe, that the Council call'd First and Second, to which the Three last of the Canons above translated, do belong, was a Council call'd under Photius the Patriarch of Constantinople; in which the said Photius, tho made a Patriarch by the Emperour, when Ignatius the Patriarch was unjustly depos'd by the Emperour's bare Authority, was re_ceiv'd and own'd as rightful Patriarch, and that whilst Ignatius was living. And 'tis further observa_ble, That that same Council consisted of so many Bishops as to be call'd by Balsamon, the learned Pa_triarch of Antioch, oikoumenikē synodos a General Council.

And thus much, Sir, for our Canons. The next thing I observe in your Letter, is what you tell me concerning a very learned and elaborate Answer, which you say is ready to be publisht, and very much talkt on, against the Oxford Antiquity. As for that, Sir, It is no News to Me, and no more than I ever expected. You know, there must somewhat be said. That's a Business of course. And Schism is a Thing of so ugly and horrid an Aspect, that it is not a Wonder, if They that have rashly espous'd it, think fit to give it a Paint; tho all the World knows, It is not its Natural Colour, and it plainly appears to be Dawbing. We have been now so Civil and Gentile to our Adversaries, as to clean our selves of that Dirt, which they themselves cast upon us, before We are to enter upon the Struggle. You may tell 'em, Sir, We are ready and prepar'd to close in, whensoever they please to come on. We are not Concern'd at what you say, That They are Great Men, Men of War from their Youth. For what avail the greatest Abilities, what avails the strongest Confederacy, when a Cause is not capable of Defence? What avails a great deal of Strength, when, like Mito, they are caught in an Oak? It is not, Sir, to be admir'd, that they that are engag'd in this Schism are so little mov'd and perswaded by the many Examples of those Great and Excellent Bishops, which the Oxford Antiquity presents 'em. You cannot but know, of whom it was that St. Jerom uses those Words: Mores meorum, says he, in the Person of a Luciferian, apprime novi, facilius eos vinci posse quam persuaderi. I know very well their Temper, that 'tis easier to conquer 'em, than to perswade 'em. 'Twas, you know, the Luciferian Schismaticks, of whom he speaks so. And St. Augustine, I remem_ber, makes Totum sermonem meum tanquam mutus audivit. Retract. l.2. c.51. Multa dixi_mus etiam fatigati, & ta_men Frater noster, propter quem ista dicimus vobis, & cui pariter dicimus, & pro quo tanta agimus, adhuc consistit. Lib. de Gestis cum Emerito. Complaint of Eme_ritus, the Champion of the Schismatical Donatists, that, tho in the Conference between 'em, he was so far Confounded, as not to have a Word to say, yet he still continu'd in his Schism, as if He himself had been Con_querour. As it is a particular Complexion, and a great and strong Temptation of ei_ther Resentment or Ambition, or the tickling Satisfacti_on of being at the Head of a Party, that must hurry a Man on to so great a Sin as a Schism, so it must be a peculiar Grace that reduces one. It is not your car_rying a Light, that will make a Man follow you; not the shewing him the Road, that will make him go right, unless he has a Will to be directed. It is there_fore, I say, no matter at all of Wonder, if those many Examples and Authorities of the Oxford An_tiquity have not met with that agreeable success which a Man unconcern'd might very well have ex_pected: And, when I tell ye, We are ready to assert and defend that Doctrine, which our Treatise ad_vances against all the Opposition which our Adver_saries threaten, We are far from engaging to open a way for it to our Adversaries Hearts. That, I fear, is scarce to be expected; more especially of those whose Pens are now engag'd in the Defence of their Schism: For they by Writing, still make it more hard to be convinc'd, and suck, like the Orator of old, a fatal Poison out of their own Pens. In short, Sir, I must tell ye; The Place, before which we ly, has, to Me, no other Appearance (you will pardon, Sir, the youthful Comparison) but that of a Castle En_chanted, and I shall not pretend to be so Romantick a Champion as to force it to a Surrender. Tho we know all the Arms it can possibly make use off, are very Weak and Insignificant; tho the Walls, that look to_wards us, are extreamly thin, and without any man_ner of Foundation; Whatsoever our Weapons may be, or our strength and dexterity in using 'em, There is still a SPIRIT within, that will keep it from being taken. Yet this I shall dare to pretend to; I shall dare en_gage to discover the Weakness of the Place, and to Throw up such Works round about it, as may hinder, like a Circle, the Sallies of the Obstinate Spirit, and secure all those, that are yet without, from the Charms it may lay upon 'em.

That We may not run on and mispend our Time, and Abuse the Patience of our Readers by Discourses not properly pertinent and close to the Matter depend_ing; When you meet with any of our Learned Adver_saries, the Emeriti of this Schism, who, you say, are publishing an Answer to our Treatise, and writing a Defence of their Revolt, Be pleas'd, Sir, to desire 'em to demonstrate, if they can, the Two general Propositions which follow.

1. That the Civil Government has not any Autho_rity in it self to deprive a Bishop of his Bishoprick, who refuses to own it, and to submit to it. And here they are desired to consider, that the Civil Power or the Temporal Governor are no less of God's own Institu_tion than Bishops or the Governors of the Church, that both are equally Jure Divino with this onely differ_ence, that the former are instituted by God for our Peace and Happiness here in this World, the latter to conduct us to Happiness in that which is to come; That the Secular Government is antecedent to the Spiritual; That when Christ came into the world to establish a Church, he came not to abolish any Law that was necessary for the support of the Secu_lar Government, not to set up a Church that was any ways opposite to it; But that he himself submit_ted to the Secular Government which he found establisht, and commanded his Followers to do so; That after his Death the Apostles likewise did so, and commanded likewise all their Followers and Suc_cessors to do the same, to submit to the Temporal Power as the Ordinance of God. It is plain that our Sa_viour by establishing a Church, intended the establish_ment of such things onely as might well consist with the Safety and the Essentials of Government. From hence it follows, that none has receiv'd any Power or Commission from Christ to preach the Gospel, or to preside over the Church in any Country, but with this Supposition, and on this Condition, that he own and submit to the Temporal Government which God has ordained in that Country. It is, I say, with this Supposition, That he gives his Bishops, and his Ministers, a Commission to preside over the Church, and to preach his Gospel in such or such a Country; It is upon the same Condition that the Church ap_points 'em to preside or preach in that Place; and it is upon the same Condition that they are receiv'd, allow'd off, and protected by the State. If there_fore they fail of the Performance of that necessary Condition, their Commission then ceases as to that particular Government, which they cannot, or will not submit to. They become Deprivable by the State, and the Church is to constitute others who are willing to submit to the State, and whom the State shall approve of as fit to be trusted by it in that Post. Thus for Matters of Heresy; Christ has given no Authority to any to preach in his Name, or to govern in his Church, but on this Condition, that they preach and maintain the true Faith. If that Condition be not observ'd, the Church is then to de_prive 'em. In the Case of Heresy it belongs to the Church to Deprive, that being the proper Judge of that Question, What is the true Faith? In the Case of Rebellion, or of Non-submission to the Government, it belongs to the Government, as being the proper Judge of what is necessary for its own Support.

I lay down this as a Principle, on which both the Power of the Church, of Depriving for Spiritual, and likewise the Power of the State, of Depriving for Political Crimes, does depend.

Query, What Security the Civil Government, which is God's own Institution, and antecedent to the Ec_clesiastical, can have, if a Bishop, that refuses to own it, and submit to its Authority, may not be De_priv'd by it? What Security can it have, Especially considering, that Men of that Character are gene_rally Persons of very great Power and Authority, and may easily go a great way in the Subversion of a Government, by the Influence of their Eloquence, and their great Reputation for Learning and Piety? In such a Case is the Bishop to be Depriv'd by a Synod of Bishops? Here a Second Query will follow. What if all the Bishops, that are under a Government should conspire against it? And what if we suppose, that there's onely one Bishop within the Bounds of that Government, a thing that has often happen'd; What must be done in that Case? Will our Adversa_ries grant, that supposing a Bishop should conspire against the Government or Rebel, the Government has Authority to imprison him, or to banish him; but not to Deprive him of his Bishoprick, so as that another may be plac'd in his See? If this be the Plea of our Adversaries, I shall then desire to be satisfied in one Query more. How does this consist with the Nature and End of Church Government? How can He continue a Pastor that is utterly banish'd from his Flock, and render'd utterly uncapable of doing the Duty of his Charge? Shall the Neighbour Bishops be his Delegates, and act by his Power and Autho_rity? But what if we recur to our former Suppo_sition, that all the Bishops of a Kingdom are Rebels? When they are all banish'd by the State, who then must govern the Church? Who ordain, and do other Duties that are proper to a Bishop? Or supposing that there is but one Bishop; when he is sent into perpetual Banishment, how must his Office be sup_ply'd? When in the first Planting of the Christian Religion in the several Parts of the World there was onely one Bishop in a Country, as at first in many Countries there was onely one, if that one had been banish'd for Rebellion, pray, what should the Chri_stians there planted have done? Should they have liv'd without Bishop during all his Life that was banish'd, or ought they not rather to have got a new one to govern 'em, to supply the Church with inferiour Clergy, and the like? Here, Sir, I shall put you in mind of those words of the great St. Chrysostom, which are urg'd in the Preface to the Oxford An_tiquity; when he was unjustly banish'd he charg'd his People, That as they hop'd for Salvation, they should be obedient to that Bishop who should succeed him as to himself, For the Church, says he, cannot be with_out a Bishop. And yet it is certain, that that great Man did never resign his Bishoprick, but continued to act as a Bishop of the Catholick Church during all the time of his Banishment, that is, as long as he liv'd. I shall onely add, that if the Banishment of a Bishop be no design'd to be perpetual, as that of St. Chry_sostom was, but onely for a Time, then there may not be any Necessity that another should be plac'd in his See. And this was the Reason, why, when St. Athanasius, the Patriarch of Alexandria, was banish'd by the Emperour Constantine, there was no new Pa_triarch created. That He was banish'd onely for a Time, and that the Emperour Constantine intended to recall him, and to re_store him to his Bishoprick, is expressly attested by the Younger Emperour Constan_tine in his Toigaroun ei kai ta malista &c.Jam cum imprimis vestr� in Deum pietati, su�que Sedi hunc Episcopum Dominus De_us noster & Pater Constanti_nus restituere vellet, & hu_mana forte preventus, ante_quam hoc votum impleret, re_quieverit, ego mihi convenire puto, ut suscepta voluntate sa_cr� memori� Imperatoris, id ipsum adimpleam, quod ille non potuit. Apud Athanasii ad Imp. Const. Apolog. p. 806. Letter to the Church of Alexandria, by which he restores him to his See. Who adds, that he himself by restoring him, did onely fulfil his Father's Will: who, he says, would have done it himself if he had not been prevented by Death. And Pope Julius in his Synodical ho tote ou gegonen, ou de eis Gallias autou apostalentos egegonei gar an kai tote, ei ontōs ēn katagnōstheis amelei epanelthōn scholazousan kai ekdechomenēn auton tēn ekklēsian heōrei. Ap. S. Athan. Apol. ad Imp. Const. p. 784. Epistle to the Synod of Antioch, con_cludes, That the Emperour Constantine did not fully and perfectly condemn Athana_sius, because there was no one put into his Place, du_ring the time of his Banishment. If, says he, He had fully condemn'd him, his See would have been dis_pos'd of to another.

The Solution, Sir, of these Queries, which I have propos'd, will prove, if I am not mistaken, a work of no great Ease. I should gladly see the Knot fairly untied, without any Cutting and Violence. We will see on the contrary, if you please, how easily those Knots may be loos'd, which our Adversaries are wont to present us, as the greatest effects of their Skill.

Ob. 1. How does it consist with the Safety of the Church and of Religion, if the Secular Governour has Authority to turn out a Bishop? Then all Bishops may depend on his Sentence, and the Church and Religion be precarious. An Orthodox Bishop may be depos'd, and a Heretick placed in his See.

Ans. It cannot be avoided but that the Church and Religion must be always, in some measure, Precari_ous, and depend upon the Civil Magistrat. If the Governour be an Enemy to Religion, there is no a_voiding Oppression, wheresoever we lodge the true Power of Depriving a Bishop. Now to answer di_rectly the Objection: If the Civil Governour should turn out our Orthodox Bishops, and put in Hereticks in their Places, or put in none at all in their places, then the Church is obliged to adhere to the old Ones turn'd out, or, if there be a necessity, to procure new Ones that are Orthodox. Thus if the Civil Magistrat should forbid the Christian Religion to be preach'd in his Country, he is not to be obey'd, because it is the Will of our Saviour that his Gospel should be preach'd to all Nations, as far as the Preaching of it does consist with those Rules that are truly essential to Government. And when Decius the Emperour aim'd to root out the Christian Religion in the City of Rome by destroying the Bishop Fabianus, and for_biding that any new Bishop should be Created in his Place; there was no Obligation on the Christians of that Church to obey his Will or Decree, since they did not pretend to choose such a Person as refus'd to submit to his Government. And therefore, tho they defer'd the Election of a new Bishop for above Sixteen Months, for fear of the Emperour, who then resided at Rome, Propter rerum & temporum difficultates, as the Clergy tell St. Cyprian in a Letter, yet as soon as the Emperour was engag'd in a Civil War, and had therefore remov'd from that City, they set about an Election, and plac'd Cornelius in the Chair. This Principle will secure Religion from depending on the Will of a Governour no less than that of our Ad_versaries, who would have Bishops to be Deprivable onely by Bishops. That likewise may have its ill Consequences, for what if those Bishops, who are suppos'd to Deprive another, should themselves be Heretical, or no true Friends of the Church?

This Rule is still to be observ'd, that neither the Civil nor the Ecclesiastical Power may so far usurp upon one another as to lessen that Authority which is ne_cessary for the Subsistence of Each. Where on either side their Pretensions exceed their due Bounds, there all there Authority ceases. We must neither erect a Protestant Popedom, nor yet an Erastian Kingdom: Not so interpret one Text as to make it fall out with another. There is, as in other Things, so likewise in this, a sort of an Analogy of Faith: As they both pro_ceed from God, so they cannot in their own Natures disagree in the least. Neither must there such Maxims be advanc'd as may make 'em wage War with one another. So to order the Temporal Government as not to have Regard to the Spiritual, is Prophaness, Irreligion and Atheism; and to lay down such Rules in Favour of the Spiritual as that it may Top upon the Temporal is no less a Crime than it is a Vanity. In a Word: He cannot give to God all the Things that are Gods, that does not give to Cesar the Things that are Cesars.

Ob. 2. But it is not in the power of the Civil Go_vernment to take away that which it could not give, the Orders and Character of a Bishop.

Answ. This Objection supposes that when a Bishop is depriv'd of his particular Bishoprick, his Orders are taken away, and he is not any longer a Bishop. If the thing be so; look they to it, who refuse to submit to the Civil Government which God has set over 'em. It appears from what has been said, that our Saviour has given no Commission to exercise the Office of a Bishop in such a particular Place, but to such as sub_mit to the Government of that Country in which they reside: and if they are not Bishops but in that one Place where first they were design'd to preside, if they have not (I say) any larger Commission, then whenever they refuse to acknowledge the Civil Go_vernment, their whole Commission is void, and they are not any longer Bishops. They are not depriv'd of their Orders by the Civil Power, but their Com_mission which they receiv'd from Christ to exercise the Office of a Bishop in that particular Place, is of it self void, as being given only on Condition, as soon as they appear to be Enemies to the Government, and are so declar'd. Look they, I say, to that. But it is not our opinion, that a Bishop is utterly Degraded whensoever he is justly Depriv'd. Neither is it agree_able to the Notions and Practice of our Church. For if the Character of a Bishop does depend upon the having a Bishoprick, how can a Bishop remain a Bishop after Resignation? How can he be restor'd after (lawful) Deprivation without a new Ordina_tion? How can he be translated without a new Ordi_nation from one Bishoprick to another, if, when he was Ordain'd, he was only Ordain'd to this or that particular Bishoprick? How can he Ordain, or do the Offices of a Bishop, out of his own Diocess? If the People of his City or Diocess should be all destroy'd by Wars, or be utterly disperst and lost, how can he remain invested with the Character of a Bishop? And as it is not agreeable to the Doctrine and Practice of our Church, so neither to the general Notions and Practice of the Ancients, as shall easily and plainly be made out, as soon as Occasion is given. At pre_sent it will be enough, to remind you of what is a_bove observ'd concerning St. Chrysostom.

Tho it be not my Design at present to enter upon the Authority of the Antients, yet I cannot forbear to take notice of a very strange Weakness of Judg_ment (for so I must call it) which Lucifer Calaritanus has discover'd in his Books to the Emp. Constantius in behalf of St. Athanasius. He affirms, amongst other things, that another Bishop ought not to be put into St. Athanasius's Place, as was done at that time, be_cause Athanasius was living. By which he seems to intimate that a Bishop could not be at all Depriv'd; but his meaning is, that he could not be Depriv'd by the Emperor. So he says:Persequeris eum per quem te audire pr�cepe_rit Dominus, agente eo in rebus humanis, coh�_reticum tuum Georgium mittis Successorem, cum tametsi fuisset liberatus jam Athanasius & corpore (l.� Corp.) tibi non licuerit mitte_re, sed fuerit ac sit in Dei manu, quem fuisset dignatus populo suo antistitem instituere, per servos viz. suos, hoc est Catholicos Episcopos. Neque enim possit impleri virtus Spiritus Sancti ad Dei gubernandum populum, nisi is quem Deus allegisset, cuiq manus per Ca_tholicos Episcopos fuisset imposita, (hic deest aliquid, � corpore liberetur, aut quid simi_le) sicut defuncto Moyse, impletum Spiritu Sancto invenimus Successorem ejus Jesum Naue. Loquitur Scriptura Sancta, dicens, & Jesus filius Naue impletus est spiritu in_telligenti�. Imposuerat enim Moyses manum super eum & audierunt eum Filii Israel, & fecerunt secundum quod mandavit Dominus Moysi. Conspicis ordinationi Dei te obviam �sse, contra Dei faciendo voluntatem, temet mucrone gladii tui jugulatum, siquidem non licuerit ordinari nisi fuisset defunctus Atha_nasius, & defuncto Athanasio, Catholicus de_buerit per Catholicos ordinari Episcopos. lib. 1.But how does he prove it? He does not pre_tend to Traditi_on, or to lay it down as the Do_ctrine of the An_cients; but so he thinks fit to say, as being too angry to allow the Prince any Prerogative, and he proves it from hence, that Jo_suah did not succeed Moses till Moses was dead. What a strange Demon_stration that is! Yet so bad as it is, it holds as well against a Deprivation by Bishops, and likewise against a Deprivation by the People of the Diocess, which Lucifer himself in ano_ther place owns to be lawful, as against a Depriva_tion by the Prince: and so bad as it is, it is full as good, as a great many other Arguments, which are urg'd from the Scripture by that over Passionat, tho Orthodox, Bishop. It is true, that the Emperor did very ill in turning out St. Athanasius unjustly, and in putting in a Heretick into his Place. This we know. It is likewise true, that our Author deserv'd very well for his Zeal against the Arian Hereticks: But this however I must say, that he manages the Cause with much more Heat and Irreverence than Judgment. We may dare to affirm he had no great stock of the latter: And it is not at all to be wonder'd at, that He after_wards prov'd a Schismatick. Tis further alleg'd by the same Author against the said Persecuting Em_peror, that instead of being a Judge in the Cause of a Bishop, he ought by the Law of God to be Con_demn'd to Death for not submitting to the Doctrin of the Catholick Bishops. And this he proves from that place in Deuteronomy where God commands, that they that did not obey the Priests should be put to death; tho the Text be no other than this: (Deut. 17.12.) And the Man that will do presumptuously, and will not hearken unto the Priest (that standeth to minister there before the Lord thy God) nor unto the Judge, even that man shall dy, and thou shalt put away the evil from Israel. After all I must add, That the Cruelty of that Emperor Constantius to the Catholick Bishops, may be pleaded to excuse both Lucifer, who himself suf_fer'd Banishment, and also some other Bishops of that Age, who were so far provok'd as to deny that the Emperor had any Authority at all over Bishops; For, as Solomon says,Oppression maketh a Wise man mad.

Here, Sir, it comes into my mind, what you men_tion in your Letter concerning St. Cyprian, That there's nothing more usual with the Advocates for the New Separation, than to plead upon all Occa_sions the Authority of that excellent Father. 'Tis, Sir, a merry Question, that which you are pleas'd to ask me, Whether ever he wrote a Treatise by way of Prophecy for the Cause of our Adversaries? One would think so, you say, by the Confidence and Tri_umph of those that are wont to quote him. I shall answer you, Sir, in short, but with a great deal of Se_riousness, that there is not a Word in St. Cyprian that makes a Whit for their Cause. I will give you, ac_cording to your Desire, a particular account of the meaning of all those Passages, which you say are usually alleg'd, and of the Occasion why they were written. You will then see, that even the greatest and learnedest men (for such, you tell me, some of the Quoters of St. Cyprian are) are in some respects no better than the Many; that when they are drowning and sinking, they will catch at Straws no less than other People.

The Words which you say are commonly quoted by our Adversaries out of St. Cyprian are

1. That a Bishop cannot be judg'd by another, but that Christ alone, who set him over the Church, has power to judge of his Actions.

Superest ut hac ips� re singuli quid sentia_mus, proferamus; neminem judicantes, aut � jure Communionis aliquem, si diversa sense_rit, amoventes. Neque enim quisquam no_strum Episcopum se Episcoporum constituit, aut tyrannico terrore ad obsequendi necessita_tem Collegas suos adigit, quando habeat om_nis Episcopus pro licenti� libertatis & potesta_tis su�, arbitrium proprium; tamq judicari ab alio non possit, quam nec ipse potest judi_care. Sed expectemus universi judicium Domini nostri Jesu Christi, qui unus & so_lus habet potestatem & pr�ponendi nos in Ecclesi� su� gubernatione, & de actu nostro judicandi. These Words are in St. Cypri_an's Preface to the Synod of Car_thage. The Oc_casion of them was this: There was a Contro_versy between St. Cyprian and Pope Stephanus of Rome, concerning the Re_baptizing of such as had been Baptiz'd by Hereticks or Schismaticks. St. Cyprian and the Synod were for it. But they would not, they say, take upon 'em to Anathematize those Bishops that did not agree with 'em in that Matter; but would leave it to them to act according to their Judgments, and would let the Matter alone to be ful_ly determin'd by Christ at the Day of Judgment, he being the proper Judge of the Actions of Bishops in a Thing of that Nature.

2. That a Bishop ought not to be prescrib'd to in the ordering of the Affairs of his Church, but that he is to govern according to his own Judgment, and to give an account of his Actions to God.

H�c ad conscien_tiam tuam, Frater carissime, & pro ho_nore communi, & pro simplici dilectione pertulimus, cre_dentes etiam tibi pro Religionis tu� & fidei veritate placere, qu� & religiosa pariter & vera sunt. C�te_rum scimus quosdam quod semel imbiberint nolle deponere, nec pro positum suum facile mutare, sed salvo inter Collegas pacis & con_cordi� vinculo, qu�dam propria, qu� apud se semel sint usurpata, retinere: Qu� in re nec nos vim cuiquam facimus aut legem da_mus, cum habeat in Ecclesi� administratione voluntatis su� arbi_trium liberum unusquisque Pr�positus rationem act�s sui Domino redditurus. Epist. 71. These Words are spoken on the same occasion, and in the same sense, in a Letter to Pope Stephanus, where_in he gives him an account of what had been Decreed by the Synod of Carthage.

They are spoken likewise upon another, but a like Occasion, in his Epistle to Magnus, who had sent to know his Judgment concerning such Persons, as, being converted to the Faith in the time of Sickness, were Baptiz'd by Sprinkling onely, Whether they ought to be lookt upon as perfect Christians? Qu� in parte ne_mini verecundia & modestia nostra pr�_judicat, quo minus unusquisq; quod putat, sentiat, & quod senserit, faciat. Nos quantu concipis me_diocritas nostra, �_stimamus &c. Re_scripsi, Fili carissi_me, ad literas tuas, quantum parva no_stra mediocritas valuit, & ostendi quid nos, quantum in nobis est, sentiamus, nemini pr�scribentes, quo minus statuat, quod putat unusquisque Pr�posi_tus; actus sui rationem Domino redditurus, secundum quod B. Apostolus in Epistol� su� ad Rom. scribit, ac dicit: Unusquisque nostr�m pro se rationem dabit; non ergo nos invicem judicemus. Epist. 69 He resolves him in the Affirmative, but with a great deal of Modesty: And he leaves it to other Bishops to act according to their Judgments. He would not judge another that should not agree with him in it.

And likewise in his Epistle to Antonianus, where he says, That some of the Bishops of Africa before his Time, thought it unlawful to re-admit into the Church a Person excommunicated for Adultery; but they did not how_ever pretend, to condemn other Bishops that were of a different O_pinion, and who practis'd accordingly. Et quidem apud Antecessores nostros quidam de Episco_pis istic in Provin_cia nostr� dandam pacem mœchis non putaverunt, & in rotum pœnitenti� lo_cum contra adulteria clauserunt; non tamen � Co-episcoporum suorum Collegio recesserunt, aut Catholic� Ecclesi� unitatem vel duriti� vel censur� sua obstinatione rupe_runt; ut quia apud alios adulteris pax dabatur, qui non dabat, de Ecclesi� separaretur. Manente Concordi� vinculo, & perseve_rante Catholic� Ecclesi� individuo sacramento, actum suum dis_ponit & dirigit unusquisque Episcopus, rationem propositi sui Do_mino redditurus. Epist. 55.

As also in an Epistle to Cornelius Bishop of Rome, wherein he complains, that some of his Factious Presbyters, who had been condemn'd by the Bishops of his Province, were fled to Rome to have their Cause heard by Cornelius, when (as he says) it was contrary to the Con_stitutions of the Church, and like_wise to reason and equity, that a Cause should be try'd in any other Province but that where the Crime was committed; and that the Bishops of that Province are to give an ac_count of their Actions to God, and not to other Bishops. Nam cum statu_tum sit ab omnibus nobis, & �quum sit pariter ac justum, ut uniuscujusq cau_sa illic audiatur, ubi est crimen ad_missum, & singu_lis Pastoribus portio gregis sit adscripta, quam regat unus_quisque & gubernet, rationem sui act�s Domino redditurus; opor_tet utique eos, quibus pr�sumus, non circumcursare, nec Episcopo_rum concordiam coh�rentem su� subdol� & fallaci temeritate colli_dere, sed agere illic causam suam, ubi & accusatores habere & testes sui criminis possint; nisi si paucis desperatis & perditis minor videtur esse auctoritas Episcoporum in Afric� constitutorum, qui jam de illis judicaverunt, & eorem conscientiam multis delictorum laqueis vinctam judicii sui nuper gravitate damnarunt. Ep. 59.

3. That a Bishop has Deum solum judicem, and Deo soli debet se judici.

These are not the Words of St. Cyprian, but of the Clergy of Rome, in their Answer to him concerning the Receiving of the Lapsi into the Church: Quanquam bene sibi conscius animus, & Evanglic� di_sciplin� vigore sub_nixus, & verus sibi in Decretis c�lesti_bus testis effectus, so_leat solo Deo judice esse contentus, nec alterius aut laudes petere, aut accusationes pertimescere: tamen geminat� sunt laude condigni, qui cum conscientiam sciant Deo soli debere se judici, actus tamen suos desiderant, etiam ab ipsis suis Fratribus compro, bari. Quod te, Frater Cypriane, facere non mirum est, qui pro tu� verecundi� & ingenit� industria, consiliorum tuorum non tam judices voluisti, quam participes inveniri, &c. Ep. 30. In which, they applaud his Modesty in writing to them for their Judg_ments, when he was not at all o_blig'd, but had power as a Bishop to act in a thing of that nature ac_cording to his own judgment, and was bound to give an account of his Actions in that Affair to God a_lone, not to any other Church.

4. That all Acts of the Church ought to proceed from Bishops.

These Words are gather'd out of the 33. Epistle to the Lapsi: Wherein he complains of the boldness of some factious Presbyters of his, who had taken upon 'em in the time of his Retirement to admit the Lapsi to Communion by their own Authority with_out consulting him, and in writing to him had pre_tended to write in the name of the Church. After he had said that the pow_er of Binding and Loosing was com_mitted to the A_postles, he sub_joins, Inde per tem_porum & successio_num vices, Episco_porum ordinatio, & Ecclesi� ratio de_currit, ut Ecclesia super Episcopos constituatur: & omnes actus Ecclesi� per eosdem actus gubernetur. Cum hoc itaque Divin� lege fundatum sit, miror quosdam audaci temeritate, &c. He briskly asserts the Au_thority of Bishops; he tells 'em that the Church consists in the Bishop, the Clergy and the People; and that in the Receiving of the Lapsi into the Church, it was ne_cessary there should be the concur_rence of the Bishop who had the power committed to him of Binding and Loosing.

5. That it is an extream Insolence to pretend to pass judgment on a Bishop.

This he says with relation to private Persons, who pretend so to judge their Bishop as to leave his Communion if they think him unworthy to govern in the Church. Inde enim Schis_mata & H�reses ob_ort� sunt & oriun_tur, dum Episcopus, qui unus est, & Ec_clesi� pr�est, super_b� quorundam pr�_sumptione contemni_tur, & homo digna_tione Dei honoratus, indignus ab homini_bus judicatur. Quis enim hic est superbi� tumor, qu� arroganti� animi, qu� mentis in_flatio ad cognitionem suam Pr�positos ac Sacerdotes vocare; ac nisi apud te purgati fuerimus, & sententi� tu� absoluti, ecce jam sex annis, nec Fraternitas habuerit Episcopum, nec Plebs Pr�posi_tum, nec grex Pastorem, nec Ecclesia Gubernatorem, nec Christus Antistitem, nec Deus Sacerdotem? &c. Ep. 66. He writes it to Pupianus a Confessor, who upon the account of some very ill things which St. Cyprian's Adversaries had malici_ously accus'd him off, as committed before he was a Bishop, had with_drawn himself from his Commu_nion.

6. That to make ones self the Judge of a Bishop is to pretend to judge God himself.

What he has to this purpose, is in the foresaid E_pistle to Pupianus, and upon the foresaid occasion. He tells him that God, who, according to the Scrip_ture, extends his Providence even to Sparrows, does in a particular manner concern himself in the Election of a Bishop, and therefore since himself was duly Elected, Pupianus took upon him to oppose the Judg_ment of God, in pretending to judge him unworthy.

Lastly, That a Bishop that invades another's See is no Bishop. Et cum post primum secundus esse non possit, quisquis post unum qui solus esse de_beat, factus est; non jam secundus ille, sed nullus est. Ep. 55. Ad Anton. What is this to our Case? He speaks those words concerning Novatianus, who had violently invaded the See of Pope Cornelius, a good and inno_cent Man, one that had never been Depriv'd for any Fault, and who never refus'd to acknowledge the Emperour's Authority. Our new Bishops are not secundi, but soli, since the old Ones are Legally De_priv'd.

I must here observe, that among all the Fathers there is no one speaks more for the Concurrence and Consent of the Laity in Matters relating to the or_dering and governing of the Church, than our Au_thor St. Cyprian. He declares in many places, that he would not do any thing in this or that Matter re_lating to the Church, till he had consulted both his Clergy and Laity, as particularly in the Case of the Lapsi. And he thinks it not onely convenient, but necessary for a Bishop to do so. For He, toge_ther with his Synod, call See Epist. 64. Therapius, a Bishop, to account, and severely repri_mand him, for presuming to admit into the Church a Presbyter, that had laps'd, without the Consent of the Laity, From this Example it is further observa_ble, that, tho St. Cyprian speaks so much for the E_quality of Bishops, and that they are not responsable to one another for what they do as Bishops, as in the Case of the Lapsi; yet neither his own, nor the ge_neral practice of his Age, did truly agree with what he says. By what Authority did St. Cyprian, and his Synod, pretend to call Therapius to account, a Bishop as well as themselves? How could they pretend to have Power to turn that Presbyter again out of the Church, as they plainly intimate they had? They deriv'd, you will say, this Authority from the Con_sent of the Church. So Patriarchs, Metropolitans, Arch_Bishops are set over Bishops by the Consent of the Church, tho' by Christ's Institution all Bishops are equal. Query, Whether the Consent of the Church of England (were there nothing else to be alleg'd) be not enough to justify a Lay-Deprivation? If a Patri_arch or Metropolitan can Deprive a Bishop by the Authority of the Church, why may not a Lay-Judge do the like?

I shall close this Discourse concerning the Autho_rity of that Father, with that Question or Expostu_lation which I find in St. Augustine his 48. Ep. to Vin_centius, the Rogatist, (a Sect of the Schismatical Do_natists) who had laid a great deal of Stress on the Authority of that Father for the Doctrin of Re-Bap_tism: If you are delighted, says he, (and so say I to our Adversaries) with the Authority of the holy Bishop, and glorious Martyr Cyprianus, which we do not hold to be equal to the Authority of Scripture, why do you not imi_tate him in this, that he held Communion with the Ca_tholick Church spread over all the world, and defended the Unity of it by his Writings? In the same Epistle ha_ving quoted that place of St. Cyprian where he praises those African Bishops that refus'd to re-admit Adul_terers into the Church, yet did not break the Peace of the Church, and separate from those that were of a different Opinion, he adds, what likewise we may well say to our Quoters of St. Cyprian: What say you to this, Brother Vincentius? You see that this Man, this peaceful Bishop, and most valiant Martyr, was not more concern'd for any thing, than least the bond of Unity should be broken.

As the Authority of the Civil Power, of which we have hitherto spoken, Is agreeable to Principles and Reason, so likewise is it to the Practice and Sen_timents of the antient Church. To make this ap_pear, and to put an End, if it be possible, to this Contro_versy, I shall present you, when occasion is given, with A History of that Authority, (viz. of the Civil Power over Ecclesiastical Persons, as well in Depriving as in otherwise punishing) throughout all ages, more espe_cially that of the first Christian Emperour. I shall treat concerning that Matter with all the Fairness and Impartiality that becomes a faithful Historian, and a real Lover of Truth, concealing nothing that may seem to make for the Cause of our Adversaries. Yet this I shall demonstrat, that, tho in the time of Constantius some persecuted Bishops were pleas'd to deny that the Emperour had any Authority at all over Bishops, yet the Emperour Constantine himself (so great a Lover and Honorer of Bishops as he was) and likewise the succeeding Orthodox Emperours, did oftentimes Judge and Deprive Bishops by their own bare Authority: That the Church in the time of that Emperour, as well as in after Ages, submitted to and acknowledg'd that Authority: That those Ecclesiasti_cal Canons which ordain that Bishops (even for Po_litical Crimes) are to be depriv'd onely by Bishops, did never oblige any Secular Government, but as they were allow'd off, and so made Laws, by that Government. I could willingly give you a Foretast of a few illustrious Examples of Bishops depriv'd by the Emperour's sole Authority, and the Church's owning and acknowledging that Authority; but I find I have already exceeded what first I design'd on this Subject, and have done like a great many others, who, designing onely a Lodge, have been in danger of building 'em a Seat. I shall now proceed to the second general Proposition which our Adversaries are desir'd to make out, which is this,

2. That it is agreeable to the Practice of the Ancient Christians, for a Bishop unjustly depos'd (whether by the Emperour, or by Bishops) to withdraw himself from the Communion of his Successor tho' his Successor were not a Heretick. Let this be their Proposition: If they prove not that, they prove nothing. And the contrary is plainly demonstrated in our Treatise. There are Two things, you tell me, besides the Ca_nons above spoken off, which our Adversaries are wont to allege in Answer to that Treatise. They First endeavour to weaken the Authority of it, and Secondly they pretend that the Examples which it produces, are all of Bishops Synodically depriv'd, and therefore not to our Purpose. In answer to this se_cond Exception, I shall undertake to demonstrat these Two things.

1. That the Ancients had no greater regard to an unjust Synodical Deprivation, than they had to an unjust Impe_rial Deprivation.

2. That several of those Bishops that are mention'd in our Treatise, were not Depriv'd Synodically, or by Bishops, but by the Emperour's sole Power and Authority. Neither did they resign their Bishopricks, but were violently turn'd out.

As for the Objections of our Adversaries against the Authority of our Treatise, tho' I know not of any Treatise of that age and nature that deserves to be more esteem'd, yet to wave all impertinent Di_sputes, and to shew that what we assert is not ground_ed on that onely Bottom; we will fairly make 'em this Offer: We will lay aside, if they please, the Autho_rity of that Treatise, and enter the Lists with new Weapons. This is the Proposition we shall take upon us to demonstrat:

That its contrary to the general Practice of the ancient Bishops, to recede, upon their being unjustly Depriv'd whether by the Emperour onely or by a Synod, from the Communion of an Orthodox Successor. I say, the gene_ral Practice: That's enough for us to demonstrat. For what if our Adversaries can produce us one or two Exceptions? How will that excuse Bishops who have always profest a great and due regard for the general Practice of the Ancients.

I must not conclude before I have told you, as I promis'd you, what Schism that was which was rais'd upon the account of Josephus the Presbyter, which, as appears by Cotelerius's Copy, was the occasion of the writing our Treatise. You must know, Sir, in short, that in the Year 1266. Arsenius the Patr. of CP. was depos'd by a Synod, whereof the Emp. Michael Pal�_ologus sat President, partly for certain Crimes of which he was accus'd, but chiefly for Contumacy in refu_sing to give his Appearance. He knew that the Em_perour was his Enemy, and therefore he pleaded that 'twas contrary to the Canons for Him to sit Judge in the Cause of a Bishop. The Synod (a very great one) both acknowledg'd, and asserted the Emperour's Au_thority, and alledg'd, it was agreeable both to Reason and the Practice of the Ancients. Germanus Bishop of Adrianople, who was put into Arsenius's Place, resign_ing after a few Months, Josephus, the Emperour's Confessor and an Abbot, was advanc'd to that Honour. Hence arose a famous Schism amongst the Monks and the Common-people, some adhering to Arsenius, as unjustly Depriv'd, others being averse to Josephus because they lookt upon him to have been formerly Excommunicated by Arsenius and not yet Absolv'd, and others pretending other Reasons. I said, Amongst the Monks and Common-people; for Pachymeres assures us, tho' a Friend and Well-wisher to Arsenius, that in all the Church there were but Three Bishops that engag'd in the Schism, viz. those of Alexandria, Thes_salonica and Sardis. Of whom, the two last were the especial Friends and Creatures of Arsenius. Nei_ther did those Bishops make a Schism because another Bishop was put into Arsenius's Place, whilst he was alive; for they presently began it, as it plainly appears from Pachymeres, as soon as Arsenius was de_priv'd, before his Place was fill'd up; that is, they withdrew from the Communion (not of the Church in general, but onely) of those Bishops that Depriv'd Him: so Pachymeres expressly says of the Bishop of Alexandria. &horfill; Those Persons that refus'd to Communicate with Josephus upon the Account of Arse_nius's Deprivation, the Author of our Treatise en_deavours to convince, by shewing by many Exam_ples of Bishops unjustly Depriv'd, part of them by Synods, and part by the Emperour alone, how con_trary it was to the Practice of the Ancients to violate the Peace of the Church on the account of such un_just or uncanonical Deprivations.

Being now assur'd what Schism that was, that oc_casion'd the writing of our Treatise, we cannot any longer be ignorant of the true Age of the Author. It cannot reasonably be doubted, but that our Treatise was written about the beginning of the Schism, and of Josephus's Patriarchate, viz. in the Year 1267. for Josephus was consecrated Patriarch the First of Janu_ary 1266/7 as may easily be shewn, tho' Petrus Possinus would have it to be a Year later. This at least is ap_parent, that 'twas writ before the death of Arsenius which happen'd on the last of Sept. 1273. for it plain_ly appears from the Treatise, that the Patriarch, for whose sake the Schism was rais'd, was alive when the Treatise was writ. It may further be gather'd out of the Sixth Book of Nicephorus Gregoras, that this Schism lasted no longer than the Year 1275. for he tells us the manner how it was ended, just after he had spoken of Gregorius (Georgius) Cyprius's being promoted to the Patriarchate, and before he speaks of the Patriarch Veccus's Banish_ment; which happen'd both on the foresaid Year. Here, Sir, I must retract what I formerly con_jectur'd (tho very doubtingly) in my Preface to the Gr. and Lat. Edition, concerning Nicephorus Callisti his being the Author of our Treatise. For from what has been said it is manifest, that the Author of our Treatise was older than Nicephorus Callisti. For Ni_cephorus was not full 36. Years old when he publisht his Eccl. History, and yet when he publisht it, An_dronicus the Emperour (Son to the abovesaid Michael Pal.) who died in the Year 1327. near 70. Years of Age, was a very old Man, as he plainly declares in his Itaque longissimam etiam tibi vitam (ees to mēkiston soi to biōsimon prosgenesthai) qu� bona omnia, pro eo atque decuit, omnino in unum collegeris, obtigisse existimo: ut ex temporis diuturnitate ad incrementum glo_ri� hoc tibi accederet, &c. p. 20. There is mention made before p. 7 of the anthos tēs hōras of the Emperour, which the In_terpreter renders, �tatis flos & vigor. But that's a mistake: he ought to have render'd it there, flos venustatis. The Au_thor flatters the old Emp. and tells him of the Symmetry of his Parts, and his florid Complexion. Dedication. There needs no Argument to confirm so clear a Demonstrati_on. Yet others may be pro_duc'd, as that which we our selves formerly urg'd in the fore_said Preface, as an Objection a_gainst the Conjecture we had made; that the Author of our Treatise ranks the Patriarchs of CP. that go_vern'd in the time of the Emp. Isaacius Angelus, in this Order; Basilius, Nicetas, Leontius, Dositheus, Xiphilinus: But Nicephorus, in a MS. Catalogue of the Patriarchs of CP. thus: Basilius, Nicetas, Dositheus, Leontius, Dositheus agen, Xiphilinus. To which may be added, that the Predecessor of Macedonius, that was depos'd by the Emp. Anastasius, is by Nicephorus both in his Catalogue and his Hist. nam'd Euphe_mius (as the more ancient Writers are wont to call him) but by the Author of our Treatise, Euthymius. I once thought that this was onely an Error of the Librarian, tho he be so call'd in Three places; but since I have observ'd, that by the more Modern Greeks he was usually so nam'd. He is so call'd like_wise by Cedrenus, Metaphrastes, Theophanes, the Eighth General Council Act. VI. and by others.

I was here, Sir, about to subscribe a Vale, and I thought on nothing but to ease you of your poring on an ill Hand, and on sending away these Papers to the Coach; But casting my Eyes a Second time on your Letter, I found that through Hast I had over_lookt your Postscript, in which you mention an Empty and Scurrilous Pamphlet, call'd, The Oxford Antiquity Examin'd, and are pleas'd to ask me this Question, whether or no I design to Answer it? I do not won_der, Sir, you should so far forget that Pamphlet, when you wrote your Letter, as to throw it down to a Post_script, I rather wonder you should ever mind it at all, but above all I wonder, how you came to be so far forgetful of the Humour of your old Acquaintance, as to ask me that Question. How often have you heard me say, That I hate to strike on a Thing that is Hollow and Empty, which can onely return Noise! The Author of that Pamphlet is too much a Felo de se to need the Hand of an Adversary. How excellently does he infer from one or two Mistakes, which he en_deavours to discover in our Treatise, that all the rest is nothing but Error and Blunder! An incomparable Ergo! A rare Logician! How pleasant is it to observe to what sorry Shifts our Second-Hand-Writer is reduc'd where he speaks of the Authority of St. Chrysostom! But I must not say, How pleasant: It moves Pity in one, to see to what Pain he is put by that Weight that lies upon his Head, what Turns and Twists he makes; how the poor Creature wrigles and tosses his Tail up and down; And all to as little purpose as a Bird on a Lime-twig, the more it flutters the more it is caught. No wonder he is so hugely in Wrath, and falls so foul upon the Publisher, and even the Licenser of that Trea_tise. Here it comes into my Head what a Friend of ours said, when I shew'd him some Libellous Letters, which have very freely been sent me; Bless us! says he, What a Bawling here is, what a Squaling and Calling of Names, when a Person has been soundly Brusht!

From the scurrilous Writers let us pass, Sir, if you please, to the scurrilous No-Writers, those Masters of Reflection and Censure, who, you say, are so free upon this Occasion with the Name and Reputation of your Friend. I thank you, Sir, for that good Advice which you give me: But here agen I must blame you, for for_getting me so far, as to fear I may be capable of be_ing disturb'd by the Insults of Adversaries. Can you think me so Pusillanimous, as to have Regard to those ta ouk eph'hēmin? Let me tell ye, my dearest Friend, I shall think my self very unhappy, and but a very mean Proficient in Philosophy, when any Abuses or De_tractions, of either the Angry or the Envious, can so much move me as to turn me any way from my Duty. 'Tis a brisk Saying, you know, of Gaulminus, Scio & mereri & ferre invidiam: The Mereri, I have no_thing to say to, I leave that to Gaulminus, and the rest of his Fellow-Pretenders; but the Ferre, I my self pretend to. Be pleas'd to tell my Encomiasts, when you hear any of 'em Harangue, that I never thought the World so much a Utopia, as not to expect their Elogiums. May they long and free_ly enjoy their own Humours, as I am resolv'd to en_joy Mine. But withal let 'em know, that, by way of Return, I have something for Them full as hot as those Coals of Fire, which our great and common Master has commanded me to heap upon their Heads. To be short, Sir, give 'em my Service, and tell 'em they have the Prayers of Your Humble Servant.

errata amended in the text

|CRE |Y1701 THE CASE OF Sureties in Baptism. In which is shewn, That SCHISMATICKS Ought not to be admitted as Godfathers and Godmothers In the Ministration of that Holy Sacrament. &horbar LONDON: Printed for Sam. Keble, at the Great Turks-Head, in Fleetstreet, over against Fetter-Lane. 1701.

&horbar &horbar TO THE READER.

THE Author of this Case of Conscience is a private person, but a Gentleman of Letters, who hath long been a sorrowful Spectator of the general carelessness, and neglect of the Clergy in observing the Rules, and Orders of the Church, by which they have exposed themselves, and our Religion to great Contempt, weakned the Interests, I mean the Spiritual Interests of it, and given their best Friends among the Laity of both Sexes great occasion of Offence, and their Enemies of all sorts, who are Observators upon them in all places, great advantage against their Order, and great occasion of reproaching it; though in truth it is only the obnoxious Men of the Order, and not the Holy Order that deserves the Reproach.

Among other Omissions, he hath long lamented in too many of them their scandalous dis-regard of the Church's Rules, and Rubricks, which concern the Ministration of Baptism, es_pecially in the Parishes in, and about London, where for some Years he hath been an Observer of the many common Irregularities, for which so many of the Clergy are answerable to God and Man in the Administration of that Holy Sacrament. It grieves him to see them administer it in private Houses, without the cause of compelling necessity contrary to its nature, as a publick Institu_tion, and the universal Practice, not only of the most ancient, and pure Churches, but of all the Churches, that now are in any part of Christen_dom, excepting the Church of England, and not in her neither till of late Years, when the Clergy began to sacrifice the pious Orders of the Church, with their own Authority, and Honour to their Interest, for which their enemies despise them, and in all Companies talk of it in such a manner, as grieves their Friends to hear them, because they can nei_ther defend, nor excuse them. What can be said to justifie, or excuse the corrupt Practice of Baptizing the Children of the Poor at Church, and of the Rich at Home? The Reason is evident why so many of the Clergy do so, and Atheists, Deists, those Sons of Atheists, and all the Infidel Crew, that love to mis-call Priesthood, Priestcraft, make ill use of it, and speak of them in such Language, as the Love and Reverence I have for them, will not let me repeat.

Nay, the Ministers of the French and Lutheran Congregations among us, censure them for the obliquity, and partiality of this unchri_stian Practice, and will rise up in Judgment against them to condemn them for it, and to discourage it, as much as he can, our Author hath some Thoughts of writing a short discourse to shew the People the un_lawfulness of all private Baptisms, excepting when necessity compels, but he had rather the Clergy, who wrote so many Cases for the sake of the Dissenters twenty Years ago, would prevent him by writing some, that are now needful for their own People. This would be more for their Honour, than to let private Persons write them, and get the reputation of reforming their Flocks, which it is their true Interest to get themselves.

The Author of this Case, is one who wishes them the Mo_nopoly of all the Praise of doing good, especially in reforming. He wrote it out of pure respect to them, as well as charity into their Flocks, having long laid to heart their too common practice of admitting Schismaticks to be Sureties in Baptism, nay, and Schismaticks, whom they often know to be such, and who sometimes happen to be Schismaticks of opposite Sects, and sorts. They are the private Christnings which are one great cause of these Irregularities. I have been told of one, in which one of the Godfathers was a Dissenter, the other a Papist, and the Godmother of the Church of England. I have heard of others, in which, for the sake of dissenting Sureties, the sign of the Cross hath been omitted, and of another, in which a Per_son of a Communion which cannot well be imagined, stood Godfather for a Child. But, besides the common use of private Christnings, which is one occasion of this scandalous Practice, there is another cause of the growth of it, and that is the corrupt custom of making Presents to Midwives, and Nurses, which makes Godfathers, and Godmothers of our Communion so difficult to be procured. When this ill Custom first came in, I cannot see, but I am sure it is now grown to such excess, that it deserves Censure, as well as private Baptism which truly deserves to be chastised with the Episcopal Rod. It is to be hoped, that when the Convocation meets, something will be done by way of Censure, to put a stop to both these Practices, which have already been the occasions of Prophaning the holy Ministration of Baptism, and brought such a scandal upon our Church.

The former Practice is so much in use, that a stranger, who liv'd some Months in a populous Parish, without seeing a publick Christning, asked if Children were baptiz'd in the Church of England, and truly those who make reflections upon the desuetude of publick Baptism among us, may very well think that the Clergy, and People do not like it, because they baptize so much in private, and love not to ad_minister that Holy Sacrament, as its nature and dignity requires, in the Churches at Canonical hours of Publick Worship, but in hugger-mug_ger without solemnity, and commonly without decency, at all hours, in any Chamber, the genial Chamber not excepted, in which See Origen's book of Prayer, Printed in Greek, with a Latin translation at Oxford. Christians of the primitive times, without necessity, would not per_form their private Devotions.

The latter Practice is come to such an height, that modest Parents of the Church of England are often distressed to find such of their own Communion, as are willing to be Sureties for their Children, at the expence of the gifts which are expected upon those ocasions, espe_cially if the Parties asked have been Sureties at such expence before. Wherefore since baptismal stipulation cannot be made without Sure_ties, and this corrupt Custom makes it difficult to procure them, it were to be wished, that good and exemplary People would no longer observe it, but endeavour to bring it into dis-use. Nay, it were to be wished in this Age of Societies, that they would form themselves into Societies against it, especially in populous Cities, for it occasions great confusion of Faithful, and Schismatical Sureties together in the ministration of Baptism, because it discourages the Faithful from do_ing their Duty in this instance of the greatest Charity, and therefore the reformation of such ill Customs as this, and private Baptisms, next to that of ill manners, would be for the honour and service of our Religion, the glory of God, and the unspeakable good of the Church.

I submit what I say with all reverence to our English Clergy, to whom our Author also submits his little Book, which he hath writ_ten against admitting Sureties of Schismatical Communions to stipulati_on in Baptism, which, as a Sacrament, is one of the most solemn acts of Worship that the Faithful can perform, and in which, by the Rules of Catholick Unity, they neither ought nor can have any commu_nion with those, who cut themselves off from the Church. The Discourse is short, nervous, and perspicuous, even to common capacities, being written in the most plain, and familiar sort of stile, that the People of the Church might have the benefit of it, and that the modesty and plainness of it might encourage the Clergy to recommend it to their Flocks. To conclude, the great Irregularity against which it is writ_ten, is practised more or less all over the Kingdom, and it is hoped, that the Honourable Society for dispersing Christian Knowledge will take some notice of it, and help to disperse it in all places; for Christian Knowledge doth not only consist in knowing Christian Doctrines, but Christian Institutions, which concern the Poli_ty, Orders, good Government, Rights, Discipline, and Unity of the Catholick Church. The Knowledge and Practice of these things, ordinarily speaking, are also necessary to Salvation, and if the People in this Age of Latitude continue in Ignorance of them, their Priests must answer to God for it, and in the mean time thank themselves if they daily revolt from them, and think any Preachers as good as those of Episcopal Ordination; nay, if they think Episcopacy it self a needless, or an unlawful thing, and to communicate in a Conventicle as good and sure, or it may be a su_rer way to Heaven, than to hold Communion with the Church.

There is one thing more, which I cannot but recommend to our Clergy in relation to Sureties in Baptism, and that is, to let the People know, that as none are too great, so none are too low, or mean for that Holy Performance. To convince them of this, they must be told, that Christi_ans, however different, and unequal in their civil ranks and qualities, yet as Christians are all equal in the Common-wealth of Israel, or community of the Catholick Church; in which there ought to be no difference, or respect of Persons, especially at the Font or Altar. The putting of a difference between Poor, and Rich in Church Assem_blies, was that which St. James reprov'd in his general Epistle, and ought now to be reprov'd, especially in those who had rather have Sure_ties of any Religion, than take such as are in rank, or estate be_neath themselves, tho' they are their Christian Peers, and with them Heirs of the Kingdom of Heaven. God, who is no respecter of Persons, but, in whose Eyes the poor and rich are equal, cannot but be offended with this Partiality, which proceeds partly from the most corrupt mercenary custom, I mention'd before, and partly from a vain affectation even in good People to have Godfathers and Godmothers for their Children of worldly note and character, which many times, in many places, and by many accidents are hard to be procured. It would be much more pleasing to God, and agreeable to their Christi_an Profession to choose the best Christians they can find, with_out regard to worldly quality, and to prefer the Poor, who are rich in Faith and Vertue, before the Rich, who are poor therein. Thus the ancient Greeks and Romans would rather choose in their last Wills and Testaments to make honest, and understand_ing Slaves Fiduciary Heirs, to whom they might commit their Children, and Estates, than the noblest, and greatest of the Com_mon wealth, in whom they could not repose Trust. And as to the great Trust of Spiritual Suretiship, I think those Christians act most according to the Mind of God, their character as Christians, and the rules of Christian Prudence, who in choice of Sureties, who are Trustees for their Children, prefer their Inferiours, though they be Servants, or in other respects beneath them, if they are vertuous and faithful, before their equals or superiours, who tho', rich, and great in this World, are not so in Faith, and good Works. In this they will follow the example of the best Christians, in the best, and purest times, and as bad as this Age is, let them not doubt but that God will raise up others to follow their good Example to their comfort in this World, and their reward for their exemplary care, and piety in that which is to come.

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

THis Question may easily be resolved, by considering the Office or Duty of Godfathers and Godmothers; and we shall understand that better, if we first briefly consider the nature of Baptism.

Now Baptism is the admission of a Person into the Covenant of the Gospel; and as in all Covenants there are Parties, who mutually stipulate; so in this the Parties are, Almighty God, who graciously condescends, to admit his Creature into this Covenant with him, and on his part confers on him the great benefits of it: And the Person to be baptised, who on the other side engages to perform all the Conditions of it. But because God doth not visibly act in his Church, but by the Ministry of Men, the Priest by Commission from him, acts in his Name; and because Children by reason of their tender age cannot act for themselves, they especially have Godfathers and Godmothers appointed by the Church.

1. To present them to be Baptized. 2. To Stipulate, or Contract for them. 3. To take care of their Instruction and Education, according to the obligation of their Baptismal Vow.

First then, Godfathers and Godmothers are appointed by theVid. Rubrick before the Office of baptism, and the 29th Canon. Accommodat illis Mater Ecclesia, aliorum pedes, ut veniant, aliorum Cor, ut credant, aliorum linguam, ut stipulent. Aug. Serm. 10. de verb. Apostol. Offeruntur quippe Parvuli ad percipiendum Spiritua_lem gratiam non tam eis, quorum gestuntur manibus, si ipsi boni fideles sunt, quam ab universa societate sanctorum atque fidelium. Aug. Kp. 23. Church: Which shews that Schismaticks are not to be re_ceived; because the Church can never be suppos'd to have appointed them. For they having broken off their relation to her, and ceasing to be her Members, she hath no more to do with them, unless it be to endea_vour to reduce them into her bosom by earnest Exhor_tations, or by charitable Censures; but she never calls them to any Office, or commits any trust to them, till they are restored; and if any of her Priests doth it, he exceeds his Commission, and is accounta_ble to her, as will farther appear, if we consider those ends for which Sureties are appointed.

1st. To It is to the Godfathers and Godmothers that the Priest saith, Ye have brought this Child here to be bap_tized, as you may see in the Rubrick. And they are called ō prospherontes by the Author of Respons. ad Orthodoxos. present them to Baptism, that is, to be admit_ted into the Christian Society. But are those Persons who have themselves revolted from this Society, proper to present others to be admitted into it? At least can any Man believe that this Society would ever appoint them?

2dly. To stipulate with God and his Church for the performance of the conditions of this Covenant. This Contract always was, and is still made in a very solemn manner, by Question and Answer, according to the ancient forms of stipulation, as may be seen in the Office, and for this reason Godfathers and Godmothers were call'd anadochoi by the Greeks, Sponsores, susceptores, and fide jussores by the Latins, and Sureties by our Church in her Catechism. And St. Austin in one of his Sermons tells all Godfathers and Godmothers, Quicunq; viri, qu�cunq; mu_lieres de sacro fonte filios spi_ritualiter exceperunt, cog_noscant se pro ipsis fidejusso_res apud Deum extitisse. Serm. de Temp. 116. that they were Sureties to God for their God_children. Now, the conditions for the performance of which they are Sureties, are in three words, Repentance, Faith, and Obedience.

To pass over the first of these conditions, and come to Faith, which is the se_cond. How can a Priest admit a Schismatick to be a Surety to God and his Church for the Child's Faith, whom he knows to err (practically) at least in two great Articles of it, The Holy Catholick Church, and The Communion of Saints: Especially since, as an ancient Au_thor saith, Axiountai tōn dia tou Baptismatos agathōn ta brephē tē pistei tōn prospherontōn Resp. ad Orthod. Q. 56. Children are esteemed worthy of the benefits of Baptism, for the Faith of those that present them to it. The Priest however demands whether he believes these Articles, as well as the rest, and he answers that he sted_fastly believes them all; and yet it is evident that the Question understands them in one Sense, and the Answer is made in another; for, the Church, and her Minister, who puts the Question, understand them in the Catholick Sense, and the Schismatick answers in his own, that is, according to the Principles of his Schism. And if the Priest explain'd the Questions according to the Do_ctrine of the Church, and then put them to the Godfather, he must change his Answer, and say, All these I do not stedfastly believe, and Pr�terea inutilis est sti_pulatio si quis, ad ea qu� in_terrogatus fuerit, non respon_deat. Justin. Instit. I. 3. Tit. 20. Sect. 5. then the Priest could proceed no farther till better Sureties are found, or he must use the Office of private Baptism. But are not actions, at least solemn ones, as significant as words; and do not Mens Practices as certainly discover their Sense as their Declarations.

However, if his Faith may pass unquestion'd, it is certain, he can give no Se_curity for the performance of the third condition, Obedience to all God's Command_ments. And not to repeat the absurdity that arises from the different Senses in which the question is put, and the answer made, the contradiction of which is more evident with respect to some of the Commandments, than any of the Ar_ticles of Faith, not to repeat this, I say, barely to relate this procedure, is e_nough to condemn it. Here a Priest admits one a Surety, for anothers obedience to God's Commandments, who lives himself in an avow'd violation of several of them; of the fifth, which according to our Church's Interpretation enjoins submission to our Spiritual Pastors; and all those other Commands of the Gos_pel which require Christians to live in Unity, to avoid Divisions; to obey them that have the Rule over them in the Lord, &c. He takes however, Security that the Child shall be subject to his spiritual Pastors, from a Person who disowns them. That he shall be educated in the unity of the Church, and the right Communion, from one, who by the Principles of his own Practice is engag'd to educate him in the wrong. Doth it become a faithful Steward of the Mysteries of Christ, to dispense them with so little caution, and to take such, which is no security, that they shall not be abused?

3dly. Godfathers and Godmothers are appointed by the Church, to take care of the Childs Instruction and Education in the Christian Religion, according to the obligation of his Baptismal Vow. The Author of the Ecclesiastical Hie_rarchy, who is ancient, though not Dionysius the Areo_pagite, saith that the Child is deliver'd to the God_f�ther as anathō ta Theia paidagōgō Eccl. Hierar. c. 7. to a Master or Instructor in Divine things. And our holy Mother the Church, in her See the Exhortation in close of the Office of baptism. St. Austin. Serm. dei Temp. 115. Ideo tam illos qui de vobis nati sunt, quam illos quos de fonte excipistis, casti_gate atq; corrigite, ut cast�, ut just�, ut sobrie vivant. Synhod Moguntin. can. 47. Jubentur compatres Spirita_les filiolos suos Catholic� in_struere. Exhortation to the Godfather and Godmother, solemnly commits the Baptized Child to their charge and instruction. It is your parts and duties to see that this Infant be taught as soon as he shall be able to learn what a solemn Vow, Promise and Professi_on he hath here made by you. And that he may know these things the better, ye shall call upon him to hear Sermons, and chiefly ye shall provide that he may learn the Creed, the Lord's Prayer, and the Ten Commandments in the Vulgar Tongue, and all other things which a Christian ought to know and believe to his Soul's Health, &c. Ye are to take care that this Child be brought to the Bishop to be confirm'd by him, &c. Not to ask here whose Ser_mons the Priest directs them to, and whose Sermons he believes the Godfathers will call upon him to hear: By what Bishop the one wou'd have him Con_firm'd: And to what Bishop the other will carry him, or whether to any: Not to put such questions as these It is certain in the mean time, that the Church here commits the Child to the Godfather and Godmother, with a charge that he learn the fore-mentioned Particulars, and all other things which a Christian ought to know and believe to his Souls Health. Now, that he is to be sub_ject to that Authority that Christ hath established in his Church; that he is to adhere to the Communion of the Lawful Governours and Pastors of it; That he is to keep Christian Unity, and avoid Schism, are some of those things which a Christian ought to know and believe to his Soul's Health. But are these things to be learnt in Schism? Or hath the Church appointed Schismaticks to be her Childrens Guides to the right Communion? And if she hath not, by what Authority doth her Presbyters commit them to these In_structors?

With respect to these two Conditions of the Baptismal Covenant I might observe, that none that I ever heard of, thought a Heretick fit to be a Godfather to a Child. For what reason? Because he can be no Surety for the Child's Faith: And with as much reason ought he to exclude a Schismatick, because he can be no Surety for the Child's Education in the Right Communion, which is included in the third condition of this Covenant as well as the belief of any Article of Faith is in the second: And therefore to be in Catholick Communion, hath al_ways been held necessary, as well as to profess the Orthodox Faith; and Schism was ever look'd upon to be dangerous to the Souls of Men, as well as Heresie. And if any Man doubts of this, he might easily be convinced, but for the present: let him remember that the Church equally prays to be delivered from both.

From all false Doctrine, Heresie, and Schism, Good Lord deliver us.

Before I conclude, I will consider the Reasons that may be given for admit_ting Schismaticks to this Office. 1st. They seem to imagine that Godfathers and Godmothers in a Christian Country are only a Formality; Or, 2dly, If they are more, that the Church hath by no Canon forbid Schismaticks to be admit_ted; And 3dly, That sometimes others are not to be got.

As to the first: It is certain Godfathers and Godmothers were never instituted as a Formality, but for those great and weighty Ends before mentioned; and if some Parents chuse them as if they were, it is a Presbyter's Duty to correct their Mistake, and not by a criminal compliance to confirm them in it. But for the Ministers of this Sacred Contract, which is made in such obliga_tory terms, and in so solemn a manner, to look upon it, after all, as a mat_ter of meer Form, is to say, that they egregiously trifle, when they are acting in the most serious manner in the World.

2dly. Godfathers and Godmothers are not required by our Church only but it is a Practice, which hath the consent of the whole Church of God in all Ages. We find them in Lib. de bapt. Cap. c. 6. & 18. Tertullian who lived in part of the Age next to the Apostles, and wrote in the beginning of the following, and he speaks of them in a manner that shews the practice was general then: and if it was general so early, and hath the universal consent of the Church in all succeding Ages, it may very well be resolved into an Apostolical Tradition according to the known Rule of St. Austin. Quod universa tenet Eccle_sia, nec conciliis constitutum, sed semper retentum est, non nisi Authoritate Apostolica, traditum rectissim� creditur. What is held by the Universal Church, and hath not been established by Councils, but hath been always retain'd, is most justly esteem_ed to have been deliver'd by Apostolical Authority.

As to that part of the Argument that would take off the necessity of Godfathers and Godmothers, because we do not live amongst Heathens, I shall only say, That whilst we live among Deists, Hereticks, and Schismaticks, the Church hath but too great reason to require Security for those she Baptizes. Nay, were all Men Christians, and were all Christians of one Faith and one Communion, as long as there is so great danger from those constant Enemies, the Flesh, the World, and the Devil, which are re_nounc'd in Baptism, and is the first condition of it, she hath still reason e_nough to require Sureties to preserve the Child from those fatal Enemies, and secure, as much as in them lies, his Christian and Vertuous Education.

Nor is the Surety's Duty superseded by the Parents Care, it is of good use, even where the Parents discharge their Duty: But because That is still con_tingent, This Provision will be always necessary against the Death, or long Absence, the Apostacy, or negligence of Parents. And though, I doubt not but great numbers owe their Christian Knowledge and Vertue, next the Grace of God, to their Surety's Care of their Education; yet if but one Person hath been secur'd thereby, so invaluable is the Salvation of one Soul; it was a happy institution, and worth the observance of so many Ages.

3dly. To suppose that Sureties in Baptism are only a Formality, is to give the Anabaptists a greater advantage than their Cause could ever have afforded them. For their chief objection against the Baptism of Infants, is, that they cannot perform the Conditions, &c. Which objection is therefore propos'd in these questions of our Catechism; Why then are Infants baptiz'd when by rea_son of their tender Age they cannot perform the Conditions required of Persons, that come to be Baptiz'd? Which the Church answers; Because they promise them by their Sureties, which Promise when they come to Age, themselves are bound to per_form. But now, to say that Sureties are only a Formality (and I may add, to ad_mit Schismaticks for Sureties) destroys the Church's Answer, and leaves Infant_baptism under the force of the Adversary's Objection. Whereas were there a Religious Care taken by Parents in the choice, and by the Minsters of Religion in the admission of Sureties; and in consequence of that, a conscientious dis_charge of the Sureties Duties, in seeing that the Child be educated in all Chri_stian Knowledge and Vertue: It would not only justifie the Church's Answer, but also be one of the most effectual means to revive Christianity amongst us, to reform in some measure the present, and give us greater hopes of the next Generation.

As to the second Argument. That Schismaticks are not by any Canon exclu_ded from being Godfathers and Godmothers. Supposing this is true; I answer, That if to admit them perverts the design of the Institution, and gives the Church no Security; this is a sufficient bar to their admission, without any po_sitive Prohibition; for, to pervert all the ends of a Law, is much more than barely to clash with the Letter of it. Besides, were it a good Argument that Schis_maticks might be admitted because they are not exclu_ded by name, it would follow, that Hereticks might be admitted, for they are not particularly excluded; nay, Jews and Mahometans too, for neither are they excluded by name; so that this Argument proves too much, and therefore proves nothing at all. Indeed, some things are not forbidden by Laws, because they are so absurd in themselves, that it was never suppos'd they would be practiced.

But, 2dly. If the Letter of the Canon doth not, the constant Practice of the Church, which hath the force of a Law, and is ever the best Interpreter of her Laws, hath excluded them: For this holds in the Christian as well as the civil Society, where Use is sufficient (as we are taught in Justinian's Institutions) to introduce a Law without Writing for continued Customs, approved by the consent of those that use them, have the force of Laws. Lib. I. Tit. 2. c. 9. Sine scripto jus venit, quod usus approbavit, nam diuturni mores consensu utentium con_probati, legem imitantur. And we have the reason of it in those words of the great Lawyer Julian. Quid interest suffragio populus voluntatem suam declaret, an rebus ipsis & factis. Upon which Hiraldus, who quotes him, saith, Qui igitur legem condere, idem & consuetudinem qu� pro lege custodiretur, inducere. Hirald. Digres. l. 2. Where is the difference whether the Community declares its will by Suffrages, or by Facts? And if the universal Practice of a Society hath so great force as to become a Law, its Authority is undis_putable in the Interpretation of a Law, especially when that interpretation is founded on the reason of it. We have no such custom, nor the Churches of God, was thought by the Apostle, a 1 Cor. c. 11. v. 16. sufficient answer to the Contentious. I need not spend time here to prove that it was not the custom of the ancient Church ever to admit Schismaticks for Sureties. He must be a very great stranger to her Discipline, and her treatment of Schismaticks, that imagines she ever did, and will find his mistake, when he seeks for any Instance of it.

But 3dly, To come to our own Church. It seems evident that she designs even by her Canons to exclude them, and to admit no Godfathers, or Godmothers but those who are in full Communion with her. The 29th Cannon saith, "None shall be admitted Godfathers and Godmothers who have not been partakers of the Holy Communion: The reason of which Canon I take to be, that the Church may be assured that those who undertake this Charge be of competent understanding in the Christian Religion, and in full Communion with her. And by the next Canon but one before that, she repels all Schismaticks from the Table of the Lord. By the 29th Canon then, none who are not capable of the Holy Com_munion are capable of being Godfathers or Godmothers: But by the 27th Canon, no Schismaticks are capable of the Holy Communion; therefore no Schismaticks are capable of being Godfathers or Godmothers.

As for the last Argument, that, when other Sureties cannot be got, they must take Schismaticks or they cannot Baptize the Child. It is certain that Bap_tism must not be delayed long; the Church doth not allow it, the hazard of the Child will not permit it. But must they therefore take Schismaticks for Sureties? I answer, No. For, this is a case which can never happen but in such exi_gences, as are caused by Voyages, War, Pestilence, or Persecution. And then they must Baptize with two, or with one, if no more can be got, which hath been sometimes anciently practiced. But what if none can be procured? It is a case of necessity, and the Church hath provided the Office of Private Bap_tism for it. I conclude with that excellent Petition of our Liturgy.

Give Grace, O Heavenly Father, to all Bishops and Curates, that they may both by their Life and Doctrine set forth thy true and lively Word, and rightly and duly admi_nister thy Holy Sacraments. Amen.

&horbar &horbar

POSTSCRIPT.

THO' the Priest's Duty was only concern'd in the Question, yet from what hath been said, it appears, that it must be unlawful for a Schismatick to un_dertake this Charge, as well as for the Priest to admit him; and all that I need say more, is, that, since the Sureties enter into a Contract with God, Agnoscant se fidejussores esse ipsorum pro ipsis enim, re_spondent, quod abrenuncient, Diabolo, Pompis, & Operibus ejus, & ideo tam illi, qui excipiunt, quam qui excipi_untur, id est, tam Patres quam filii, Pactum, quod cum Christo in Baptismi Sacra_mento conscribunt custodire contendant. August. Serm. de Temp. 215. and since all Contracts are to be taken in the sense of those, who have a right to make the terms of them, this must be unjustifiable for Persons of a separate Communion, whether they intend to perform it or no; whether they answer in the sense of the Church, or not: If they do not, they equivocate when they are entring into a Contract with God; which is an affront to his Truth and Omniscience; if they do answer in the Sense of the Church, it is an affront to his Justice and Holi_ness, to suppose that they may engage themselves to him to Educate a Child in a way, which according to their Principles is sinful, and if they are Men of no Principles, they are not concern'd in this question, nor any other, where Religion is concern'd.

I shall add one word to the Parents, who are the source of this disorder, and whose part is as unaccountable as any. For, by chusing Schismaticks Sureties for their Children, they establish a right to Educate them oppo_site to their own. The Parents Right is founded in Nature, and the Sureties in the Institution of their Office, and both ought to concur in the Education of the Child; but in this case they must unavoidably interfere. The Pa_rents are under the strictest obligations to train up their Child in Christian Knowledge and Practice, and to secure him from Error and Schism: But to chuse Godfathers or Godmothers in Schism, is not only to expose him to the same danger, but also to give them a right to seduce him, and a right that may possibly defeat their own, whenever the Schism happens to be abet_ted, and the Catholick Communion to fall under Persecution.

But if if they have not so much Zeal, to take the advantage while the Parents live, yet after their death the Childrens Religion falls of course under their Care and Direction. It is possibly then one of the greatest Comforts of the Parents that they die in the Communion of the Church, but what a severe allay will it be to that Joy, to consider that their Children are in danger of losing that Communion, and which add new weight to their grief, in danger by their irregular act. Thus they who under God are the Authors of their Being, and should be of their Hap_piness, become Authors of their greatest Misfortune. And if Negligence and mere Omission are great faults in Parents in the Education of their Children; what is it to lay Snares, and prepare Temptations for them? Indeed this is not what they design, or desire, but it is the tendency of what they do, and may prove the event of it.

Do they act thus in Temporal Matters? Do they ever choose those Trustees for their Estates, and Guardians of their Children, who by Principle or Interest are engaged to keep them out of Possession. The Folly is the same in both, but the Fault and the Consequences incomparably worse in the pre_sent case. &horbar

FINIS.

|CRE |Y1718 The Flying-Post Posted: OR, AN ANSWER To a Late PAMPHLET OF THAT AUTHOR's, CALL'D The Chichester Dean, AND HIS Colchester Amazon. &horbar By Mrs. Anne Roberts. &horbar Advenit, qui vestra dies muliebribus armis Verba redargueret. Virg. &horbar If any Man among you seem to be Religious, and bridleth not his Tongue, but deceiveth his own Heart; this Man's Re_ligion is vain, James i.26. &horbar LONDON: Printed for N. Mist, in Great-Carter_Lane, 1718.

THE PREFACE TO THE Author of the Flying-Post. SIR,

I Was very agreeably surpriz'd, to see my Letter not only Publish'd, when I began to despair of you in Candour in that Point) but vouchsafed a particular An_swer: nor was the Satisfaction I took therein at all abated by the Sneer in your Title-Page, where you are pleas'd to call me the Colchester Amazon; for if I must pass for an Hyppolyta, I have the Vanity to think you are not the Her_cules, that shall lead me in Triumph.

Had I known you to be a married Man, I should have directed my Letter to your Wife; for not only the Argument; but the Stile, and foul Language with which your News_Paper abounds, smell much of a Woman: And whatever your Sentiments may be, I be_lieve most People will be of Opinion, that had your Wife or your self been instructed under Dr. Snape at Eaton, you would have learn'd better Sense and better Manners, than it appears you at present enjoy. That nei_ther of you were bred up in his Parish, I shall not at all question, but very readily take your Word for it; because to the best of my Remembrance, the Doctor's Parish is some_what remote from Billingsgate.

Why you should fancy me to be only an Amanuensis, I cannot imagine. The Reasons you give, are the Stile, Spelling, and Poin_ting of my Letter. Do you then think it im_possible for a Woman to Spell true, and Point a Sentence right? I hope you will not look on all the Sex with such Contempt: And as to the Style, which seems the only valid Rea_son; it is easily answer'd by a bare Mention of the Names of Sappho, Mrs. Behn, the Famous Queen Elizabeth, and other Females, who have excell'd in the Polite Parts of Lear_ning. My Mother was excellently well skill'd in the Latin Tongue, and not wholly igno_rant of the Greek; and I have the Vanity to think the Education she bestow'd on me, not thrown away; since my Style in the Judgment even of so severe an Adversary as your self, looks not much unlike that of the Reverend Dr. Bennet.

I now proceed to Answer your civil Questi_ons, pag 7. and to the first I reply; that the sole Motive of my engaging in this Dispute, was a Love of Truth, and a just Indignation at that savage Treatment of the Doctor, by your pretended Correspondent. So that in An_swer to your second Question, I must tell you, that it is not because the Vigour of our Male_Champions is exhausted, that I have underta_ken to carry on the Controversy: But to let you know, that your senseless Calumnies are so far from having any Influence in the World, that even the Female Sex can see through your Sophistry, and detect your Fallacies.

If you expect, as the Third Question seems to imply, that Dr. Sherlock should himself answer you: I beg leave to tell you, that you are foolishly Fond of your own Writings, and blinded with Self-Conceit; else you might rationally infer, that a Divine of his Station in the Church, has better Employment on his Hands, than to throw his Time away in an_swering every impertinent News-Writing Scandal-Monger. It was a great Piece of Con_descension in the Doctor, to vouchsafe to an_swer the first Letter you troubled him with; but if you expect you should meet with the same Regard, every Time that you are pleas'd to be starting trifling Objections and Cavils, under the Pretence of receiving Letters on that Head from your Correspondents; I believe you feed your self with vain Hopes, and will deservedly be overlook'd with Contempt.

And now, Sir, in Answer to your last Question, I declare, that I am no Substitute of the Doctor's, nor have any farther Knowledge of him, than by his excellent Writings: As also, that I am no Person's Amanuensis; that the Hand and Argument are not more a Wo_man's, than the Style, Spelling and Pointing, which you think smell more of the Ferula, than the Distaff. As to the Contempt, you throw on the Argument, I shall leave every impartial Reader, after the Perusal of this, to judge for himself, whether it have really so much of a Woman in it; or whether on the contrary, it be not more probable, that, not_withstanding your Pretence, your Wife has answer'd me in Earnest.

I would now willingly pass to the Point in Controversy between us; but since you have been pleas'd to tell the World of a second railing Letter of mine, and endeavour'd to fix on me the Imputation of being a Scold; I am oblig'd not to conclude the Preface, till I have vindicated my self from the Ca_lumny.

I believe had you publish'd that second Letter, there are few would have found any Railing in it; for to tell a Person an unwelcome Truth in modest Terms is far from be_ing so. This Sir, is all I have done: I have applied the Text of Scripture in the Title_Page of my Book, to that more effectual Me_thod of propagating Scandal, than the Tongue, your Licentious Pen: I also told you, that Calumny was your Talent; that neither the Dead, nor the Living, Bishops, nor Kings, could escape your severest Censure. These, Sir, as unwelcome as they may be, are neverthe_less Truths; and tho' it may seem needless to prove them such to any, that has been your Reader for a Month; yet I shall make good the Charge, from the Book now before me, which is, by the by, one of the modestest of your Performances.

And here I pass over your Sneer on Dr. Snape in the beginning of your Answer; (tho' it might be justly expos'd, as foreign to the Purpose, forced, and ridiculous;) and pass to pag. 14. where you insinuate a Compari_son between the present worthy Metropolitan, and the Convocation, and the High-Priest and Sanhedrin of the Jews in our Saviour's Time; by which you would make the World be_lieve, that they rest in outside Performances, have made void the Law of God by their Ce_remonies and Traditions, and persecute such, as refuse absolute Submission to those Tradi_tions. This, as it is the first, so is it a very flagrant Instance of the Truth of my Charge against you.

The Second is Pag. 17. much of the same Nature with the First; only to Calumny, you have there added a perverting the Scrip_ture: For in the Text by you quoted from St. John, our Saviour evidently speaks of the Excommunication of his own Disciples by the unbelieving Jews. There is not one Word of the Christian Clergy following their Exam_ple; and I challenge you to prove, that they are so much as hinted at.

Your Accusation of Dr. Sherlock, for mis_quoting the Bishop of Bangor comes next, in which Mr. Sykes has since been your Second; believing therefore that the Doctor himself will answer him, I shall wave the Point, and desire you to wait till then for Satisfaction. Only I am apt to think, that it will at last be prov'd, (as it has once already, in relation to his quoting the Bishop's Words about our Sa_viour's Example) that, what he has left out, does not at all after the Sense of the Proposi_tion.

The next Calumny is Pag. 28. where you affirm, That the High-Church Clergy, such as Archbishop Laud, Dr. Sibthorp,and Dr. Manwaring, in conjunction with their Bre_thren the Papists, did quite subvert our Consti_tution, and so far influence King Charles the First, that he turn'd our limited Monarchy into a despotical Tyranny. Here we have that Blessed Martyr, King Charles, branded by you with the Name of Tyrant; and the excel_lent Archbishop Laud stil'd a Brother to the Papists, and Subverter of the Constitution. But while the admirable Works of the Royal Martyr, and the Learned Conference of the good Archbishop with Fisher the Jesuit, are in every ones Hands; your Folly will be hiss'd at for venting itself in such senseless Calum_nies. There all may see how far the King condescended to the despotical Tyranny of his rebellious Subjects; how he gave away all, till he left himself defenceless; and would have complied with any Terms, which he could, without wounding his Conscience, grant: There they may behold the Prelate with great Judgment and Learning, triumphing over the Church of Rome, and establishing the Protestant Faith on Scripture, Reason, and the Fathers.

The Witnesses you have appeal'd to, I am a little surpriz'd at, for if any one read the Characters of the King and Archbishop, in my Lord Clarendon's History, he will find the very contrary to what you have affirm'd. Mr. Nelson is entirely against you; and if no more than his Preface be consulted, that will be sufficient to invalidate the Testimony of your last Witness Rushworth; whom he plain_ly demonstrates to be partial and unjust.

I observe, that you have referred us to no Page in any of these Books, as conscious of the Falseness of your Calumny; but have barely nam'd them, and left us to turn over ten or twelve Folio's, and look for a Needle in a Bottle of Hay.

In the next Page you say, the Dissenters were not guilty of the King's Murther; for the Proof of the contrary, I refer to the Scourge, N&o.sup; I. which being very common, I shall not surfeit the World with needless Re_petitions. The Words you quote from the 30th Act of the 12th of Charles I. are so far from being of any Service to you, that they expresly confute you. The Murder is there charg'd on Fanatick Miscreants: And I need not tell you, that Fanatick is a Synonimous Word for Dissenter. As to it's being said, they were as far from being true Protestants, as true Subjects; you may remember, that it has long been the Opinion of wise Men, that the Dissenters, the Pretended only Protestants, are secretly carrying on the Cause of the Church of Rome; and Faithful Comin is not the sole Instance of a Jesuitical Schismatick.

That the Presbyterians restor'd the King and Monarchy is equally false; and the Pas_sage in the King's Speech is very impertinently introduc'd to prove it: For there is not one Word about the Dissenters in it.

I cannot but wonder at your Confidence, when you tell us, Pag. 34. That a Church of England Parliament pull'd down the Church of England Hierarchy. Do you think, Sir, that all the World are grown Fools, that you would fobb so senseless a Lie upon us? Is not this the same, as if a Man should affirm, that the Pope in the Reign of Henry VIII. brought about the Reformation, and overturn'd the Papal Supremacy? I dare say, the one will as soon be believ'd, and may as easily be prov'd, as the other.

With the same Air of Truth, you in the same Page assert, that the High-Church Party sacrific'd the Doctrine of the Church to Arminia_nism and Popery, and their so much admir'd Government and Discipline, to a Pope at Lam_beth, with a Train of Inquisitors, call'd a Court of High Commission. Here is another Insult on the Ashes of the Excellent Archbishop Laud: The Charge of Popery, I have already prov'd false; as to that of Arminianism, if by it be meant the Remonstrant Notions in the Quiquarticular Controversy; as the Archbishop gloried in maintaining it all his Life; so we glory in it to this Day.

The Articles of the Church of England, are very express in Favour of it, particularly that of Predestination, which the Learned Dr. Ben_net has prov'd to be, as to every Propositon, fully contain'd in the Writings of Arminius: The Holy Scriptures, almost in every Page, confirm this Doctrine; and the Writings of all the Fathers of the four first Centuries, abundantly establish it. The contrary Do_ctrines, are the Stoical Notions of Fate new Vampt, the old Heresy of the Gnosticks reviv'd; and except the Name of the Great Austin, had recommended them to some inconsiderate Persons, they would long ago have been more universally exploded. The Supralapsarian Scheme of Calvin and Twisse, and the Sub_lapsarian of our Moderns is as monstrous a Do_ctrine, as contradictory to Scripture and Rea_son, as the Popish Transubstantiation; and he that has embraced the Former, is well pre_par'd to swallow the Latter. I defie you or any Man, to prove the Contra-Remonstrant Doctrines not to be contradictory to the whole Tenour of Scripture, destructive of all Virtue and Piety, derogatory to God's Justice, Truth, Mercy, and Goodness, and Blasphemous in the highest Degree.

When you say, Pag. 36. That the Dissen_ters in King Charles the First's Reign, were oblig'd to do what they did, in mere Self-De_fence, against the High-Church Party, who treated them with Cruelty almost equal to that of the Inquisition; I hope you do not expect to be believ'd, till you specifie what that Cruelty was, and by whom it was they were thus inhumanly treated. This, I am assur'd, you will never be able to do; your Scandal lies in Universals, and you are not able to de_fend any one particular Point of it.

The present Clergy fall next under your Lash, as Enemies to the Establishment in Church and State, ever since the Revolution. This is a Stale Piece of Slander, worn quite thread_bare, and so often answer'd already, that all I shall say to it, is, that you have the true Spirit of the rest of the Whigs in you, and tho' an Objection be ever so often and so solidly confuted, can continue it with the same Con_fidence and Assurance, as if not a Word had been replied to it. This is a Method used by many Dissenters, and meets with too much Success among the Populace.

Your last Attack is on Her late Majesty of Blessed Memory; whom you charge with ma_king a treacherous and inglorious Peace, the Intent of which, was to Sacrifice the three Nations, with all the Protestant Interest in the World, to Popery and Tyranny. This impu_dent Forgery there are few now alive, but can from their own Memory and Knowledge con_fute; and that is a sufficient Excuse for me to forbear enlarging on this Head. For I have not so much of Tommy Burnet in me, as to write merely to acquaint the World, with what they know already better than my self.

I am tired with raking in this Heap of Scandal; but as you cannot deny, that you have forced me to it, that will I hope (at least with you) be a sufficient Apology for me. And now having fully prov'd my Charge a_gainst you, I beg leave to repeat part of my second Letter, and once more tell you; that be the Cause you are engaged in, ever so just, it is but a Scurvy Trick to get a Habit of Ly_ing for the Truth. Whether you think Party_Zeal will justify you in such scandalous Pro_ceedings, I shall not take on me to Judge; but leave you to God and your own Conscience.

And now, Sir, I have done with the Pre_face, and shall proceed to the Answer, which you say, you are pleas'd to make to my Letter, because Solomon advises us to answer some People, lest they be wise in their own Conceit; that is, to answer a Fool according to his Folly. Thus do you very civilly call me, or rather the Colchester Doctor, whose Ama_nuensis you take me to be, a Fool: Pardon me, if I return not the Compliment; because Solomon in the preceding Verse advises us, not to answer a Fool according to his Folly, lest we also be like unto him. I shall therefore in the following Tract address my self to the candid and impartial Reader, and conclude my Pre_face to you, with subscribing my self,

Your humble Servant, The Colchester Amazon, Anne Roberts.

THE FLYING-POST POSTED, &c.

AFTER a dull Piece of Insipid Railery, which I have in the Preface consider'd, the Author of the Flying-Post begins his Argument, with an Accusation of me for not having read my Lord of Bangor with sufficient Attention; by which means he thinks I have mistaken the State of the Question. The Religion in Debate, it seems, is not now any other, than the Christian Religion alone, as revealed in the New Testament: Though it was thought by the Generality, that the Dispute had been about Religion in general. If I have indeed mistaken my Lord of Bangor's Meaning, I am not the only Per_son by many Hundreds, that have been ob_noxious to this Mistake. Neither shall I have much Cause to blush, if affected Obscurity, and a studied Darkness have been too thick for a Female Eye to pierce through.

However I shall (as others have been forc'd to do in this Controversy already) trace him through this other Meaning; and prove, that by this Change of the Point in Dispute, he has been so far from gaining any thing, that he has only brought himself to a Ne plus ultra, where it is impossible for him to avoid owning his Meaning, and as impossible to de_fend it. This will be sufficiently perform'd, by proving, that even in the Christian Religi_on; as reveal'd in the New-Testament, the Hopes and Fears of another World, are not the only Motives, that render our Actions Re_ligious.

But before I enter on the Proof of this, I think it proper to vindicate my Instances of the Jews, Ninevites and Sadducees, from the strange Misrepresentations of the Author of the Flying-Post.

He in a preposterous manner chuses to begin with the End of my Letter, and take my last Instance first; and because he shall not ac_cuse me of beginning with the End of his Answer, I shall for once comply with him so far, as to follow that Order.

In his ninth Page he says, that the Ninevites believed and repented upon what God had revealed to them by the Mouth of Jonas; and that the natural Inference from this is, that Christians must also believe as much as they are taught. Now if it be once made evident, (as I shall fully prove it is in the Se_quel of this Discourse,) that Christians have the Motives of Joy and Misery in this World, as well as in the next, propos'd to excite them to Obedience; this Argument will prove, that Christians, who say, the Hopes and Fears of another World are the sole Prin_ciple, from whence Religious Actions flow, do not believe as much as they are taught, and consequently are not so truly Religious as the Ninevites.

But, says the Pamphleteer, Pag. 10. It does not appear from the Text, that the Ninevites were not afraid of losing their Souls, as well as their Bodies and Houses. But, pray, does it appear that they were? If not, let the Si_lence of the Scripture in that particular, be a sufficient Proof, that it is a meer Chim�ra of his own Brain. In such Points, Idem est non esse & non apparere: Where there is no Text to prove a Notion, that negative Argument is a full Confutation of it; though no positive Words of Scripture can be produc'd, that ex_presly deny it. There is no Text of Scripture, which says in express Words, that there is no Purgatory; yet all Protestants think that ridi_culous Notion abundantly refuted by the Si_lence of Scripture on that Head, and the Insuffi_ciency of those Texts alledg'd by the Papists to prove it.

Besides, all this Scribler aims at, is, to shew a bare Possibility of the Ninevites belie_ving a Future State. I shall therefore put him in Mind of an old Metaphysical Maxim; A Posse ad Esse non valet Argumentum: That is, in plain English, an Argument drawn from the Possibility of a Thing's Existence to its actual Existence, is inconclusive. What is more ridiculous, than to argue thus? It is possible that London may be burnt down to Morrow? Therefore it will be actually burnt down. It is possible, that the Thames may overflow, and drown the City; therefore it does so. What can be more absurd and nau_seous than this? Yet of this Kind are the tri_fling Cavils of this paultry Scribler.

But at last he has found an Argument, which he triumphs in, and which, he thinks, proves, that they actually believed a Future State: And that is, that Nineveh was founded by Noah's immediate Posterity; who being a Preacher of Righteousness, we have Reason to believe, taught his Posterity the same Faith he entertain'd himself. Ah! Unhappy Sophister! Was there no Argument but this; which if it prove any thing, will equally prove, that no Man ever disbelieved a Future State? Are not all Mankind equally descended from Noah? If their being his Posterity proves, that they retain the same Faith, which he entertain'd; how comes it, that there are so many hundred Heresies in the World; so many Sects and Parties, divided from, and contradictory to each other? Were not the Sadducees descen_ded from Noah? Are not all the Infidels, that ever lived since the Flood, his Posterity? Wherein then lies the Force of this Argu_ment? But perhaps, as a certain Free-Thinker has found out Men before the Flood not descen_ded from Adam, so you may have made a Discovery of Men after the Flood not descended from Noah.

To do you Justice, Sir, I must own, that the Stress of your Argument lies in their being Noah's immediate Posterity; by which you insinuate, that the Tradition of his Faith, could not be so soon wholly obliterated. To this I reply, that it still remains to be proved, that that Tradition in succeeding Generations was preserved uncorrupted, even till the Time of Jonas. The contrary may with great Reason be inferr'd from the Fate of that Tradi_tion, even in the Posterity of Shem, the Father of Ashur, Founder of Nineveh; whom for his eminent Vertue and Piety, some mistaken Commentators will needs have to be Melchise_dech, King of Salem. Now we find in the ninth Generation from him, his Posterity had so far deviated from the Faith, that they not only disbelieved a Future State; but were igno_rant of the True God, and followed Idols: Insomuch that when God reveal'd himself to Abraham, he call'd him out from his Idolatrous Country and Kindred, and separated him from the Danger of being infected by their Conta_gion. Was not Nimrod the great Grandson of Noah, the Head of that Rebellious Crew, who in Defiance of the Almighty, projected the building a Tower whose Top might reach to Heaven; thereby thinking to secure themselves from the Danger of another Flood in this World, which if they could effect, they stood in no Awe of any Flames in the next? Where now was this uncorrupted Tra_dition? What, quite lost and eras'd in the third Generation from Noah? How can it then be thought probable, that it should de_scend pure and entire to so distant an Age, as that in which the Prophet Jonas liv'd? Even after the giving of the Law, we find the Scriptures of the Old Testament, tho' in the Hands of the Sadducees did not secure them from the Disbelief of a Future State: And where a written Rule of Faith has fail'd, how much more insufficient will a Traditional one be?

This may serve also for an Answer to your Argument, Pag. 16. where you conclude from Job's Belief of a Future State, that it cannot be prov'd the Ninevites disbelieved it. For tho' it were ever so evident, that the Do_ctrine of a Future State was preserved pure and entire in the Days of Job, who lived, as all agree, before the giving of the Law; that is no Proof, that it descended in the same Pu_rity to the Co-Temporaries of Jonas, who lived so long after the Law.

I might have objected, that divers of the best Commentators, particularly Grotius and Patrick, are of Opinion, that the Words of Job, Ch. xix.25, &c. refer only to that full Assurance he enjoyed of a Deliverance from his present Affliction, and the loathsome Dis_ease, which he then labour'd under. But I am not willing to enter into a needless Dis_pute: And since the Church of England in her Burial Office has applied this Text to a Future State, I humbly submit my private Judgment to her wise Determination, and to the excel_lent Reasons of the admirable Bishop Pearson.

If the Experience of modern Travellers as_sures us, that the most barbarous Nations in Asia now believe another World, that is nothing to the Purpose; for that proceeds from the Promulgation of Christianity; some Remains of which, the Learned Dr. Jenkin, in his admirable Treatise of the Excellence and Rea_sonableness of the Christian Religion, has large_ly proved to be still preserved in a Multitude of Nations, where the Substance is clouded and lost in Superstition and Infidelity.

I come now to his Answer to my Argument from the Sadducees, in which tho' he has been very large, I shall be somewhat brief, because all he has said is little to the Purpose.

The Question put to him, on this Head, in my Letter, was; Whether they, who be_liev'd not a Future State, as the Sadducees did not, upon Supposition of the Truth of the Bishop of Bangor's Notion, have any Obligation to Acts of Religion? This he complains, P. 26. is so ambiguously worded, that he cannot easily fathom my Meaning. I protest, I cannot fathom his; when in order to prove them so, he would interpret them, whether they could think themselves oblig'd to Acts of Religion? Is there one Syllable in my Question about their Thoughts? Is it not ask'd in express Words, whether they have any Obligation to Acts of Religion; not whether they think they have or not? Where then is there any Ambi_guity, but of his own Inventing? The Truth is, he finds himself press'd with the Strength of the Argument, and to evade a Reply, pre_tends it Ambiguous: Yet in the same Paragraph he unluckily stumbles on the true Meaning of the Question; but not being able to answer it, he proves at large a Thing foreign to the Purpose, viz. That the Sadducees were a wicked Generation of Vipers, and denied the Resurrection. The contrary to this, No_Body ever maintain'd; I shall therefore pass over his impertinent Digressions on that Head.

The Question is not what the Sadducces were; but what they were obliged to be: Not what Acts of Religion they did perform; but whe_ther it does not follow from the Bishop of Bangor's Notion, that they have no Obligati_on to perform any? And whether his Notion be not therefore Erroneous?

That from the Bishop's Notion, it necessa_rily follows, that they were oblig'd to no Acts of Religion, I thus prove: No Man is oblig'd by God, to do that, which is impossible: Now, if, as the Bishop says, the Belief of ano_ther World is the only Principle, that can ren_der an Action Religious; then to them who believe not a World to come, the doing a re_ligious Act is impossible; because they want that Principle from whence alone, Religious Actions flow; and consequently can no more perform them, than a Bird can fly without those Wings, which Alone enable it to soar from the Earth: Therefore to these impossible Acts of Religion, they who disbelieve a Fu_ture State, are not oblig'd. I have here set down the Result of the Bishop's Notion: That of Dr. Sherlock on the contrary, (which makes the Fear of God, whether it have Regard to this or the other World; Love and Gratitude for our Being and Preservation, and all his Temporal Mercies; Principles, from which Religious Actions may flow;) lays on the Sadducees indispensible Obligations to Acts of Religion: whereas they, according to my Lord of Bangor's Doctrine, can be accountable for nothing, but their bare Disbelief of a Resur_rection; not for those Religious Acts, which to Men so persuaded, himself affirms to be impos_sible: And I suppose, he is not ignorant of that universally received Maxim of the Casuists, Impossibilium nulla est Obligatio.

In the twelfth Page, something of an Ar_gument is offer'd at, which I would consider, if the Texts quoted mention'd any thing of the Sadducees: But I can find nothing in the whole first Epistle to the Corinthians, that re_lates to them. If it be objected, that tho' the Persons disputed against in the 15th Chapter of that Epistle, are not the Sadducees; yet the Error there treated of, is the same with that they maintain'd and therefore, that the Argu_ment is still conclusive: I answer, that Mr. or Mrs. R&horfill;d&horfill;th, (for whether I am disputing with the Gentleman, or his Wife, the Weak_ness of the Argument gives me Cause enough to doubt,) quotes these Texts, to prove, that the Sadducees could not think themselves oblig'd to Acts of Religion; whereas, if he would confute me, he should quote some_thing, which proves them actually under no Obligation to Acts of Religion. I do not think my self oblig'd, when he flies from the Point in Dispute, to follow him to other Topicks, nothing at all to the Purpose.

From the Belief of another World being by St. Paul accounted the chief Hope of a Christian, he would infer, that Dr. Sherlock contradicts St. Paul; and then asks, whom I will believe. Truly, Sir, St. Paul; if he indeed contradicts the Doctor. But I desire you to remember, that the Doctor does not exclude the Belief of another World from Religion, nor deny it to be the chief Hope of Christians; but affirms it not to be the Sole Principle, from whence Religious Actions flow: And that St. Paul himself affirms the same, I shall in its proper Place demonstrate. In the mean Time, I shall end this Point, with in_forming you, that tho' the Faith of Christians in a Future State be, if there be no such State, as to that Point, vain; it does not from thence follow, that there are no Promi_ses in the Gospel, but what relate to a Future State; which was the Thing you ought to have proved.

In his Collection from Josephus, Drusius and Scaliger, my Adversary contradicts him_self, and gives up the Cause, by owning, that the Sadducees observed the Law, (that is, did such Religious Acts as the Law enjoyns) to enjoy the Temporal Blessings it promis'd, and to escape the Punishments denounced to its Transgressors. Here we have Religious Actions flowing from the Hopes and Fears of this World, and himself confuted by himself.

Another Instance of Self-Contradiction in him, is Pag. 10. where he, in answer to my Question about the Sadducees (I suppose igno_rantly) owns, that their not believing another World, could not dispense with their Obliga_tions to Acts of Religion. Here he confesses what Dr. Sherlock and I have asserted, and leaves my Lord of Bangor in the Lurch. And yet, poor forgetful Man, he after writes three Pages to prove the contrary. There is an old Proverb about the Necessity of some Persons having a good Memory, which I wish he had given me no Reason for the Applicati_on of to himself.

Having said a great deal to prove the Sad_ducees did not think themselves oblig'd to Acts of Religion, my doughty Antagonist thus concludes: ''This is enough to let you see, that the Sadducees could not by their Prin_ciples be oblig'd to any Act of Religion.'' This Conclusion is somewhat strange from such Premises, and in Syllogism stands thus:

They who think themselves oblig'd to no Acts of Religion, are oblig'd to none.

The Sadducees thought themselves oblig'd to no Acts of Religion.

Ergo. The Sadducees are oblig'd to none.

Whether the Major of this Syllogism be not the Tenet of Deists and Atheists, let every one judge for himself. I shall quit this Head with observing, that it is plain from the Beginning and End of his Argument on this Topick, that he knew the true State of the Question; and as plain, that he constantly avoided speaking to it, because he indeed had nothing to say to the Purpose.

It is now plain, that what he has already said, and I have already confuted, can be no Answer to my Quotation from the Proverbs: And that this Don Quixote amuses himself with fancied Conquests.

The Text from Solomon remains then still in full Force; and his striving to envince, that the Jews in his Reign were not ignorant of a Future State, is wholly impertinent, because I did not affirm that they were, but that they might do Acts of Religion out of the Hopes and Fears of this, as well as of the other World He would fain puzzle the Contro_versy, and have it thought, that we exclude the Belief of another World from Religion: Whereas in Truth, we exclude not another World, but oppose his excluding the Promises of This. We take the Promises and Threat_nings of both This and the other World into Religion; he excludes those, that relate to this World, and embraces only those, that relate to the other; and therefore his Religion from which one half of God's Threatnings and Promises is excluded, is truly and properly the half-fac'd Religion.

Having done with the Bishop's Knight-Errant I shall now come to himself, and state the Question in his own Words. In his Answer to the Committee, Pag. 151. his Lordship says: "We are led by Christ to the firm Assurance of another World: The Belief of which, is what Alone renders our best Actions Religi_on, as it is the Principle within us, from whence they flow; and from whence, when they do not flow; they cease to be Religion." Here it is affirm'd, that the Belief of another World is what Alone renders our best Actions Religion; which necessarily implies, that the Hopes and Fears of this World are no where propounded by our Saviour, as Motives to Obedience: For if they are, then Actions flowing from the Belief of God's Promises in this World, flow from a Religious Principle. And that we are led by Christ to the Belief of such Promises, is plain from his own Words, Matt. vi.33. Seek ye first the Kingdom of God and his Righteousness, and all these things shall be added unto you. In those Words a Future State in indeed the first and chief Mo_tive, but not as his Lordship affirms, the Sole Motive to Righteousness. Temporal Blessings are expresly promis'd; and because some Per_sons triumph in the many Warnings our Savi_our gives his Disciples of the Persecutions, they must undergo; and think that a strong Proof of a Future State being the Sole Motive to Religious Actions under the Christian Dispensa_tion: I desire it may be consider'd, that Christ, even in the same Sentence, in which he men_tions the Case of Persecution, promises his Disciples an Affluence of Temporal Blessings. This appears from Mark x.29,30. And Jesus answered and said, Verily I say unto you, There is no Man, that hath left House, or Brethren, or Sisters, or Father, or Mother, or Wife, or Children, or Lands, for my Sake, and the Go_spels; But he shall receive an Hundred-fold now in this Time, Houses, and Brethren, and Si_sters, and Mothers, and Children, and Lands, with Persecutions;and in the World to come Eternal Life. Here our Saviour again joyns the Promises of this Life, with those of the next, even when the Case of Persecution was in his Eye: And what can be a more evi_dent Proof, that the Belief of the Promises of another World is not the Sole Principle, from whence Religious Actions in the Christian Dispensation flow; than that the Institutor of that Religion has joyned the Promises of the Blessings of this World to the Promises of those in the next, as Motives to our Obedience.

I am sensible it may be look'd on as a Breach of good Manners, and a Piece of the highest Arrogance, for a Woman to contend with a Bishop: I shall therefore chuse to transfer the Controversy from my self to another Bishop, who, when alive, with Christian Zeal oppos'd his Lordship's Notions of Civil Government; and being dead yet speaketh against this his new Definition of Religion. The Person I mean is, the worthy Bishop Blackall of Blessed Memory, from whose sixty sixth Discourse on the Sermon in the Mount, I shall quote what is to any rational Man a sufficient Confutation of the Bishop of Bangor.

To prove that Temporal Rewards are pro_mised in the Scripture, as Motives to Acts of Religion; that Pious Prelate quotes the Psal_mist's Words: The Eye of the Lord is on them that fear him, upon them that hope in his Mer_cy; To deliver their Soul from Death, and to keep them alive in Famine, Psal. xxxiii.18,19. And again, Psal. xxxiv.10. The young Lions do lack and suffer Hunger; but they that seek the Lord shall not want any good thing. And again, Psal. xxxvii.18,19. The Lord know_eth the Days of the Upright, and their Inheri_tance shall be for ever. They shall not be asha_med in the evil Time, and in the Days of Fa_mine they shall be satisfy'd.

"These, says that good Bishop, some may say are Old Testament Promises, and so do not belong to us: But let it be consider'd, that God has been pleas'd also in the New_Testament to renew them, and to give us fresh Assurances of his Fatherly Care, in protecting and providing for good Men, even in this Life.

St. Paul, continues he, who writing only to Christians, cannot be suppos'd to have encouraged them to their Duty by such Pro_mises, as do not belong to them, yet says expresly, 1 Tim. iv.8. that Godliness is pro_fitable unto all Things, having the Promise of this Life, that now is, as well as of that which is to come.

His Lordship goes on to prove, that the Temporal Promises of the Old Testament are not yet out-dated, but do belong to Chri_stians as well as they did to Jews. This, he saith, we are clearly taught by the Au_thor of the Epistle to the Hebrews, Ch. xiii.5. where he declares, that the Promise made to Joshua, I will never leave thee nor for_sake thee; (altho' at the first making, it seemed to be particular and personal, made to Joshua alone) is yet to be understood, as an Evangelical Promise, made to every good Christian. And that not this Promise only, but likewise all such Temporal Promises in the Old Testament do belong to us Christians, no less than they did to the pious Israelites; the same Apostle plainly enough intimates in the next Words; ver. 6. by his citing another Text from thence, which he says we also may apply to our selves: So that we may boldly say, the Lord is my Helper, I will not fear what Man can do unto me."

Thus far that excellent Prelate; to whose Argument from St. Paul, I beg leave to sub_join one of the same Nature from St. Peter; who speaking of a Blessing, to inherit which Christians are call'd by God, expresses the Na_ture of that Blessing in the Words of the Psal_mist, Psal. xxxiv.12,13,14. He that will love Life, and see good Days; let him refrain his Tongue from Evil, and his Lips, that they speak no Guile; let him eschew Evil, and do good, &c. 1 Pet. iii.10.11.

From all this I thus argue;

That Action, which flows from a firm Trust, and steadfast Belief in the Promises of God, flows from a truly Religious Principle.

The Actions we are moved to by God's Tem_poral Promises, do (as well as those we are mov'd to by His Eternal) flow from a firm Trust in God and stedfast Belief of His Promises.

Ergo. The Action we are moved to by God's Temporal Promises, do (as well as those we are moved to by his Eternal) flow from a truly Religious Principle.

If this be granted, (and how it can be de_nied I can't see) it follows, that flowing from a truly Religious Principle, they are truly Reli_gion; and if they are truly Religion, it is false, that the Belief of another World is what Alone renders our best Actions Religion; and that when they flow not from thence; they cease to be Religion; For when each terminates in God, each constitutes an Action Religious.

Thus have I shewn, that the Bishop of Bangor's Definition, is, as Dr. Sherlock stiles it, a new Definition of Religion.

I shall close all, with observing, that if the Bishop was really the Doctor's Tutor, as the Author of the Flying-Post suggests; I cannot but congratulate the Doctor in being so like St. Cyprian, in relation to Tertullian; that is, in having copied all the Bishop's Excellencies, and with great Judgment avoided his Er_rors.

APPENDIX.

THE Author of the Flying-Post, ha_ving impotently attack'd Dr. Sher_lock's Reasons for continuing the Test_Act; I shall vindicate the Doctor from his insolent Malice, and add a Word or two on that Subject. The Principle, on which the Doctor justifies that Act, is Self_Defence; and sure no Adherent of the Bi_shop of Bangor, that great Patron of Self_Defence to the State, will deny the same Priviledge to the Church. It is true the Dissenters are by some represented, as harm_less People, content with their Toleration; but the Reverend Mr. Lewis, in his Letter to Sir John Smith, has evinc'd the con_trary, and proved, that they aim at no_thing less, than a total Subversion to the Church of England. The Stab, they have so often repeated with their Pens, they would, if Power were in their Hands, as often repeat with the Sword. Their Wri_tings are a clear Evidence, and bear Wit_ness against them, that they are the Chil_dren of those, who martyr'd the King, and pull'd down the Episcopal Hierarchy: And they are ready at the first Opportunity, to fill up the Measure of their Father's Iniqui_ties. Thus it ever was and ever will be with them: And to show that I am not singular in this Opinion, I shall quote a few Sentences from Parker's Ecclesiastical Polity, wrote in the Reign of King Charles the Second, which unanswerably prove it true. They are all collected out of his Fifth Chapter:

"No Party can ever be quiet or con_tent, as long as it is under any other, but will ever be heaving and struggling to dismount that Power, that keeps it down: And therefore we find, that all Dissenters from the establish'd Frame of Things are always assaulting it with open Violence, or undermining it by secret Practices. &horfill; Oppress'd they are as long as they are the weaker Party. &horfill; It is an eternal Truth with them; that for the Godly Party not to be uppermost, is and ever will be Persecution. &horfill; All Sects ever were and ever will be fierce and unruly to enlarge their own Interests. &horfill; Every Faction apprehending it its Due to be Supreme, it will be Crime enough in any one Party to be superior to another. So that if all our Dissenting Sectaries were allow'd their entire Liberty, nothing can be expected, (especially from People of their Complexion) but that they should all Plot together against the present Esta_blishment of the Church. &horfill; Apprehen_ding the Way of Worship now establish'd by Law, Defective and Superstitious, they cannot but be bound in Conscience to endeavour its utter Ruin and Subversion. &horfill; We never find this Way of Toleration put in Practice under any Government, but where other Exigencies of State required and kept up a Standing Army. &horfill; So that unless we are willing to put our selves to the Expence and Hazard of keeping up Standing Forces, Indulgence to Dissenting Zealots does but expose the State to the perpetual Squabbles and Wars of Reli_gion. &horfill; Though the State think itself unconcerned to restrain Mens Persuasi_ons and Opinions; yet methinks they should be a little concerned to pre_vent the Tumults and Disturbances, that naturally arise from their Propagation. &horfill; For the Common-wealth will be eternally torn with intestine Quarrels and Commo_tions till it grow so wise again, as to sup_press all Parties but one; that is, till it re_turn to that Wisdom and Prudence, from whence it departed by Toleration.

I hope no one will misapply any of these Sentences to a Meaning, never intended by the Author in Writing or me in quoting them: If any stretch them to such a Purpose, let him answer for it; I am not concern'd. I shall conclude the whole with one Quotation more out of his sixth Chapter, for the Application of which, I believe, few will be at a loss.

"All the pious Villannies, that have ever disturb'd the Christian World; have shelter'd themselves in this grand Maxim; That Jesus Christ is the only Lawmaker to his Church; and whoever takes upon him to prescribe any Thing in Religion; invades his Kingly Of_fice." The Gnosticks of old so abus'd this Pretence, to justifie any Seditious and Licen_tious Practices, that they made heathen Princes look on Christianity as an Enemy to Govern_ment: And the Fanaticks of late, have so vex'd and embroil'd Christendom with the same Principle, that Christian Princes themselves be_gin to be of the same Persuasion. It is become the only Patron and Pretext of Sedition; and when any Subjects have a Mind to set them_selves free from the Laws of their Prince, they can never want this Pretence to warrant their Disobedience; seeing there is no Nation in the World, that has not divers Laws, that are not recorded by the four Evangelists. And therefore, if all human Institutions intrench upon our Saviour's Kingly Prerogative, they are, and ever must be provided with Matters of Quarrel to disturb Government and justify Rebellion.

&horbar FINIS.

&horbar |CRE |Y1721 SCRIPTURE Vindicated FROM THE MISINTERPRETATIONS OF THE Lord Bishop of BANGOR: In his Answer to the Dean of WORCESTER's Visitation SERMON CONCERNING CHURCH-AUTHORITY. &horbar By FRANCIS HARE, D.D. Dean of Worcester, and Chaplain in Ordinary to His Majesty. &horbar LONDON: Printed for Jonah Bowyer at the Rose in St. Paul's Church-Yard, and Sold by J. Roberts in War_wick-Lane. 1721.

THE PREFACE.

SOON after the Bp. of Bangor's Answer came out, the Attention of the Town was so wholly turned from Books to Matters of another nature, and still is so; that the Reader, I believe, will be more apt to ask why I reply at all, than why I have not done it sooner. Instead, therefore, of troubling him with the reasons of my not doing it before, I will only say, that I write now, because I promised in the Postscript to my Sermon , I would, more than for any other reason; otherwise I should have chosen to be still silent, rather than help to the revival of a Controversy, that seemed to be dead, and buried in the vast Abyss, that has swallowed up almost every thing else.

To the Business therfore, without more Apology. And here I might, after the example of the B. but with much greater reason, endeavour to excite the Compassion of the tender-hearted Reader, with long and loud Complaints of his unkind Usage of me, who besides all the other Arts of an unfair Adversary, has many peculiar to himself, which the World are now so well acquainted with, that no Reader can be a stranger to them; but I have so little occasion for such Artifices, that I shall begin with returning his Lp. my most hearty Thanks, for those very Things which are the justest matter of Complaint.

And first, I thank his Lordship for setting out in the very Preface of his Answer, with one of the most palpable Instances of Insincerity a Man can well be guilty of. I had said, "I could not think it equi_table in the Governors of the Church, to call in the secular Arm, to oppress and crush under its weight Virtuous and Learned Men, for the mis_takes their disinterested pursuits of Truth and Knowledge may happen to lead them into." The sense of this Passage is so plain, that no body can mistake it, who does not do so wilfully. The Op_posites to Virtuous and Learned, are Vicious and Ignorant. I ask no favour for the Writing of the Learned, if they are not Virtuous; nor for those of others, who are not Learned, for what business have the Ignorant and Unlearned to write in Contro_versies of Religion? And if Learned Men write in opposition to the Established Religion, who are not confessedly Persons of Integrity and Virtue, there may be just reason to suspect, that under the colour of Conscience, and a pretended love of Truth, they serve some Party-Views, and design either to pro_mote Impiety and Irreligion, or to disturb the Peace and Welfare of the State. The advancing novel, or the opposing the received Doctrines in Religion, have generally that malignant influence on the Civil Government, that the Magistrate can't have too watchful an Eye upon them, tho' his Care were confin'd to the Affairs of Civil Life, and he had as little Zeal for the Honour of God, or as little obligation to such a Zeal, as has been of late pub_lickly contended for. Indulgence therefore, in my humble Opinion, is then only due in these matters, not when Men write with great Confidence and little Reason on their side, but when their Modesty and Diffidence of themselves, and Deference to Au_thority, are great and visible; and the reasons they give for their Opinions are solid and strong, and such as shew they have well considered their Argu_ment; that is, they must be Virtuous and Learned Men; otherwise they will want either the good Qualities, or the Abilities they ought to have. And this, one would think, is so very reasonable, that if it could not procure his Lp.'s Concurrence, it might, at least, have escaped his Censure. But his Lp. is so much out of humour, that Virtuous, and Vicious, are terms that pass for nothing with him; and I am re_presented as claiming Favour only for the Learned; but for the Ignorant and Unlearned, persecute them who will, I have nothing to say against it. So gross a Misrepresentation at the very entrance, is a warn_ing to every impartial Reader, to let him see, that nothing fair or candid is to be expected from such an Adversary; and that the struggle is not for Truth, but Victory.

Another thing for which his Lp. has my Thanks, is, that he has in several places of his Answer, de_clared himself a profess'd Enemy to Learning: and makes it a Crime in the Dean, "That he has been pleased to give a privilege to the Errors of the Learned, tho' in truth more inexcusable than the Errors of the Unlearned;" and thinks himself, "That St. Paul would not have had the least regard to such a Qualification, unless as it might aggravate their Crimes, p.157." Which reminds me of what he says, in his Answer to the Committee, p. 98. That "what is called Learning, is so far from being the most necessary, or the most useful Qualifica_tion in this case, (of judging in Matters of Reli_gion) that there is nothing which has been seen to administer so many doubts, and so many diffe_rences, as that: nor are any, in Experience, seen to be less secure from Error, than Learned Men. For this, look out into the Popish Countries, and see whether one Illiterate Honest Man, be not as capable of judging for himself, in Religion, as all their Learned Men united; even supposing them met together in a General Council, with all possible marks of Solemnity and Grandeur." Had his Lp. added, and with all possible Freedom and Sincerity; it had been a finished Sentence, and every way worthy of its Author. But what makes his Lp. such an E_nemy to Learning? Do the Illiterate owe nothing to it? Whence have they the Scriptures laid open to them in the Vulgar Tongue? Does the Reforma_tion, for which his Lp. expresses so much Zeal, owe nothing to Learning? What but the revival of Learning opened the eyes of people to see the Cor_ruptions of the Church of Rome? What but Learn_ing enabled the Reformed to defend the Separation they had made? What but Learning discovered the Impostures, the Forgeries, the lying Wonders, the Innovations in Doctrine, Discipline, and Worship, the Usurpations and Tyranny of the Papacy? What could justify a Separation, but their being able to assign these causes for it? And what could do that but Learning, great and consummate Learning? These considerations, I should have hoped , would have prevailed with his Lp. to be less severe in his Cen_sures of it. But lastly, I may ask in favour of Learn_ing, does his Lp. owe nothing to it? I am sure some of his Friends at least do; and for their sake, me_thinks, both Learning and Learned Men might have met with better quarter from him. For my own part, I think my self extremely obliged to his Lp. for so frank a Declaration; and shall always rejoice to have such Adversaries, who at the same time de_clare themselves Enemies to Learning provided they do it with Sincerity. When that is the case, I shall flatter my self, that I have a good Cause, and our Readers, even the most Unlearned, will be apt to think so too. And it is indeed no small satisfaction to think, that whoever attacks Learning, if he does it weakly, does it no hurt; and if he does it well, his own performance is a good argument against him; while he shews thereby its Usefulness, as well as his own Ingratitude. But I must do his Lp. the justice to acknowledge he is fair in this, that he has not attacked Learning with weapons borrowed from it.

A third thing from which I thank his Lp. is, that he who has so long affected the guise of great Meek_ness, and of the most Christian Patience, has at last thrown off the Mask, and shewn he can be very angry. Which is the more extraordinary, be_cause it is not only certain, that I had given him as little Provocation as a man could well do, that pre_sumes to differ from him; but that he might from several circumstances have seen reason for a more than usual moderation of his Resentments on this occasion, instead of letting them loose in so extra_ordinary a manner. For I am persuaded, he does not think I liked the Notions of his Sermon at the first appearance of it, more than I do now; and from thence he might reasonable have imputed my silence for years together to causes that gave me a right to a better treatment. But I do not com_plain, I am pleased; his Lp. has now quitted the only advantage he had over his Adversaries; that ap_pearance of Humanity and Tenderness, of a patient and forgiving Temper, which has hitherto done him so much service, and has so often moved the pity of his Readers, and made those who could not judge of the merit of the cause, think he had been really injured. His Lp.'s Anger now is open and undisguised, and his words will no longer have more Weight with his Readers than they have Reason in them, which his Anger may take something from, but can add nothing to. This therefore is another thing for which his Lp. has my hearty thanks. I don't love to engage with one who kills with good words, and gives a mortal Wound in the shape of a charitable Prayer. I am glad when an Adversary shews his Resentment. When a man's Anger is his Interpreter, we fear no latent Reserves; and his Words, how pointed soever, will do but little hurt; and others will think it no small sign of an ill cause, whatever he may think himself: especially when it is so unprovok'd, that no body, who is not in the secret, is able to assign a reason for it. For my own part, I am sure no good one can be given, none that is adequate, or in any measure proportioned to it. These several marks and effects of his Lp.'s Displea_sure being really all of them so many prejudices in my favour, I accept them as such, and instead of Ex_postulations and Complaints, make him this humble tender of my Thanks for them.

As to the charge of my favouring the Persecution of innocent but ignorant people, I have already ex_pressed my sense of that matter in the P.S. before_mentioned; and have there said, that Negative Dis_couragements are not included in my notion of Perse_cution; in which that I am not singular, I might shew from many modern Authorities, and such as were friends to Toleration; not only from single Writers of great note, but from the Concessions in the famous Conference between the two Houses of Par_liament upon the Occasional Bill in that last Reign. I might defend the Lawfulness of them even from his Lp. himself, who has made it the great Founda_tion of his Preservative, that the State has a right to all means for its own De_fence; that is, for the Defence of its Constitution, of which the Established Church is as yet a part, and I trust in God, so long as we can preserve the Protestant Succession, always will be. But if the State has a right to all means of Self-defence, then to Negative Discouragements among others. But I will content my self with telling his Lp. what was thought Persecution in the Fourth Century, not by Ecclesiasticks, whom his Lp. may think incompetent Judges in this case, nor by such Emperors as he may perhaps suspect were under the influence of Churchmen: I will give him the Opinion of no less a person than the Emperor Ju_lian, who, had he not been seduced by vain Philo_sophy from the Christian Faith, was in other respects a most accomplished Prince, for Learning, Virtue, and Humanity; and who thought Persecution mere_ly for Religion so unreasonable, that immediately upon his accession to the Empire he recalled from banishment all that had been exiled by the influence of the Arian Faction under Constantius, and caused Restitution to be made to such whole Goods had been confiscated on that account. Of this we have a very full Declaration in his fifty-second Epistle, where he shews how much more the Christians were obliged to him than to his Predecessor: Synebē gar epi men ekeinou tous pollous autōn phygadeuthēnai, kai diōchthēnai, kai desmeuthēnai polla de ēdē kai sphagēnai plēthē tōn legomenōn hairetikōn.. &horfill; ep'emou de t'ounantion hoi'te gar exhormēthentes aphethēsan kai hoi dēmeuthentes apolambanein ta sphetera hapanta nomōi par'hēmōn elabon.. And in the same Epistle he declares it his opi_nion, that those who are in Error through Igno_rance, rather than Design, should be wrought on by Persuasion and Instruction, not by Force: and there_fore most earnestly recommends it to those of his own Religion not to injure, or assault, or offer any violence to the Christians, either to their Persons or Houses. Logōi peithesthai chrē, kai didaskesthai tous anthrōpous, ou plēgais, oude hybresin, oude aikismōi tou sōmatos. authis te kai pollakis parainō tois epi tēn alēthē theosebeian hormōmenois mēden adikein tōn Galilaiōn ta plēthē, mēde epitithesthai, mēde hybrizein eis autous: eleein de chrē mallon ē misein tous epi tois megistois prattontas kakōs. To the same purpose he expresses himself very fully in other places, particularly in his forty-third Epistle, which begins thus: Egō men kekrika tois Galilaiois hapasin houtō praōs kai philanthrōpōs [chrēsthai] hōste mēdena mēdamou bian hypomenein, mēde eis hieron helkesthai mēd'eis allo ti toiouton epēreazesthai para tēn oikeian prothesin. And the last words of the preceding Epistle are, speaking of the Christians, kai gar, oimai, didaskein, all'ouchi kolazein chrē tous anoētous.

Thus averse was Julian to all Force in matters of Religion, and to every thing that is in common language underflood by Persecution. But did he think it was inconsistent with Justice, or his Huma_nity, not to employ them in his Government, and bestow favours on them? By no means. He thought there was a great deal of difference between not per_secuting, and not favouring. Hear him in his se_venth Epistle. Egō nē tous theous oute kteinesthai tous Galilaious, oute typtesthai para to dikaion, out' allo ti paschein kakon boulomai, protimasthai men toi tous theosebeis kai pany phēmi dein. The Christians he would not have killed, or beat, or any way injured; but those of his own Religion he thinks should have the preference, and the favours of his Government. This was the sense of Julian, and I have never heard of any wise, or indeed of any weak Government, before or since his time, who thought that those who dissent from the Publick Religion had a Right, a natural inherent Right, to Places and Favours. And I am persuaded, all Government will ever be of the same mind, that it is within their own breast to determine, how far, and under what limitaions, to indulge those who dissent from the Established Worship; and that they will not by the novel Schemes of private Writers ever suffer this invaluable Prerogative to be wrested from them.

It has indeed been argued in a late Sermon, That the Civil Magistrate has nothing to do in matters of Religion, and that Absolute Liberty in all such is every man's just Right; but with what success? No Law of God in the Old Testament, no Precept of our Saviour or his Apostles in the New, can be pro_duced to justify this notion; no Precedent or Ex_ample for it can be found in Scripture, either with respect to Jewish, or any other Govenors; no instance can be brought from any History to support this conceit either before or since our Saviour's time, though we look as far back as the Egyptians, Chal_deans, Persians: Let us search to the ends of the Earth, from Pole to Pole, from the Rising to the Setting of the Sun, through all the Revolutions and Ages of the World, we shall not find any one Civilized Government weak enough to give up so valuable Right. On the contrary, though by some modern Schemists Governments as well as Worlds can be framed without a God, all wise Go_vernors have ever founded their Government in Re_ligion; and as they looked on themselves as God's Vicegerents, have thought it their Duty to take care of his Honour in the first place; this indeed they thought not only their Duty, but their Inte_rest; that the Stability of their Government depend_ed on the Piety of their People, and that their Laws had their greatest froce from whence themselves de_rived their Power, from God; and therefore Reli_gion had always the first place in their Laws, both on account of its own Dignity, and for the Influence it would naturally diffuse thro' them. No instance is brought to the older side, but of one Gallio, an inferior Governor of a Province in the Reign of Claudius; tho' the Sermon indeed would make one think it was in the Reign of Augustus. For in ex_plication of his Text, the Preacher tells us, Gallio was the Roman Prefect of Achaia, a Consular Pro_vince under Augustus: and so says Grotius upon the place. But Grotius does not stop there; what he says, is, that in the Division of Provinces between the Senate and the Emperor, made by Augustus, Achaia fell to the Senate's lot, and was a Proconsu_lar Province: But Provinces did not continue al_ways according to that Division; for Augustus made some changes himself; and this Province of Achaia, Grotius observes, was by the very next Emperor made an Imperial one. But what Tiberius did, Claudius undid, and restored it to the Senate. I observe this only to shew how little this Preacher attended to what was before him, who could not have fallen in such a mistake but through great Carelessness and Inattention.

But let us see what this instance of Gallio amounts to. The case, as represented in the Acts, Chap. xviii.12 &horfill; 18. is this: The Jews seized St. Paul in a tumultuous manner, and brought him before Gal_lio, for teaching Doctrines contrary to their Law. Gallio, when he saw what the matter was, would not meddle with it, but drove them all away [apēlase] from the Judgement-Seat, or out of Court. Upon this the Greeks (those of Gallio's Religion) took the Chief Ruler of the Jewish Synagogue, and beat him before Gallio's face; but Gallio, says the Text, car'd for none of these things. I can't see any reason why Gallio's example should be of any authority for other Governors; but if it ought, why do we pick and choose? Let us take the whole of it; and then there is an admirable pattern for Magistrates; they ought not only not to take up_on them to judge in Religious matters, but to suffer Assaults to be made, and the Peace broken with im_punity in open Court, and before their face. I would gladly know why one Preacher may not re_commend to Magistrates the latter part of this Exam_ple, as well as another has done the first. But his Example, even in the first part of it, upon conside_ration will be found to be nothing to the purpose. The Preacher indeed says, that the Crime laid against St. Paul was Blasphemy against the Religion Established by Law, Which Gallio declared did not fall under his Cognizance. Upon which I can't but observe, first, that Blasphemy was not laid to his charge; and se_condly, that Gallio does not declare that the case did not belong to his cognizance; but that he would not meddle with it: Kritēs gar egō toutōn ou boulomai einai. I will not be a Judge of these things; not because they were Religious, not Civil matters, as is pretended in the next page; but either because Gallio despised them, looked on them as trifles about which he would not concern himself; or because the Jewish Law was no Rule to him, he was no way concerned to inforce the observance of it. But thirdly, what is most extraordinary in this sentence is, the unfair insinuation there is in saying, that St. Paul's Crime was his opposing the Religion Esta_blished by the Law. Had it been said their Law, it would then presently have appeared, that what Gal_lio did in this case was nothing to the Preacher's purpose; but as the words are, Established by the Law, I doubt it led his Hearers, as well as his unlearned Readers, to believe, that the case of St. Paul brought before Gallio is parallel to that of a man who should now be brought before the Civil Magistrate for op_posing the Religion Established by Law in this, or any other Christian Country; and that from this in_stance they are to learn their Duty, and to declare to all the world, that such cases do not belong to their Cognizance.

But with great submission, I conceive nothing can be wider from the point 'tis aimed at, than this instance is from the application it is drawn to. For in the first place Gallio was but an Inferior Magi_strate, and was to govern according to Law; and if St. Paul had broken none of the Laws in force in that Province, Gallio could have nothing to say to him; otherwise he might have entred into the charge against him, had he so pleased, as well as Felix, or Festus, or other Roman Governors did in Jud�a, where, after it was reduced into a Roman Province, the Jewish Laws, under certain restrictions, were permitted by the Emperors to remain in force. Nothing therefore from Gallio's example can be con_cluded to affect other Governors; much less can it be inferred from the instance of an Inferior Magi_strate, that the Emperor, or any other Supreme Power could not justly make Laws about Religious Matters, for the direction of Judges and Magistrates, when such cases should come before them. Nor is there any thing in fact more certain, than that the Roman, as well as other Governments, did think the affairs of Religion were within their Cognizance, and did from time to time make such Laws about them, as they judged proper. In the next place 'tis evident St. Paul is not accused of acting in violation of what was the Established Religion by the Roman Law; but of acting against a Religion that was not Established, against that of the Jews, a_bout which the Romans troubled not themselves. Had it been otherwise, had St. Paul been accused of Blasphemy against the National Religion, I believe Gallio, as indolent as he seems to have been, would have acted another part; and would have been ob_noxious to the Laws, and false to his Trust, if he had not. In truth the case is much the same, as it would be, if the Jews settled here, upon a Schism breaking out among them should prosecute any member of their Synagogue in Westminster-Hall; where the Judge might dismiss the Cause, as Gallio did, without any prejudice to his Authority, or breach of his Duty, in what regards the Established Religion. The Prosecutor is concerned in the defence of the Religion Established by the Law; and so likewise is the Judge for the Religion Established by the Law. But are they the same Religions, or are the fame Laws meant in both Expressions? No; they are as wide as can be; as different as Christia_nity and Judaism; and no body, with any Truth or Sincerity could call the Religion established by the Jewish Law, the Religion established by Law. But such shifts are men driven to, so shamefully do they pervert Scripture, when they set up for new Schemes in Religion, that have no foundation either in the Laws of Nations, or the Law of God.

I might go on, and shew the same Unfairness and weak reasoning thro' almost every Paragraph of this Sermon, in which there is so much Assurance, and so little Argument, that upon these accounts, as well as its Insult on the Establishment, it is, I think, without a parallel. Its grand Principle is, that the Civil Magistrate can of right punish nothing, but as it prejudices mens Civil Interests; and virtue of this, common Swearing, Blasphemy, Incest, and other the most detestable Crimes have a right to Impunity; and that for this weighty reason, because Secret Intentions of Wickedness, and Treasonable Thoughts, and the like, are not liable to Civil Punish_ments. That is, the Magistrate can't punish what he can't come to the knowledge of: But does it follow, he may not punish where he can? Curse not the King, no not in thy thought (says Solomon;) for a bird of the air shall carry the voice, and that which hath wings shall tell the matter. But others having professedly written against the Notions advanced in this Sermon; I shall enter no farther into the consi_deration of it, presuming (for I have not yet seen the Answers to it) that they have not only antici_pated all I could think neccessary to be observed of it, but have very probably said a great deal more. Nor should I have taken even this notice of it, but for the relation it has to the Dispute between the Bp. of B. and me; for the Sermon owns in plain terms, and at large, what the Bp. was by everybody supposed to mean, but what he himself would not acknowledge he had said. This made it proper for me just to take notice of a Discourse that has made so much Noise, and given so just Offence. But I say no more, having no desire to expose the Author, but the Argument: nor would I have said thus much in this place, but that the following Papers were drawn up while I was at Worcester, long before I had seen this Sermon; and I was not willing to be at the trouble of making an Alteration in them, having so little inclination to this barren Controversy, that they have lain by me four Months untouch'd.

I shall therefore take leave of this Sermon, with observing, that were the example of Gallio ever so pertinent to what 'tis alledged for, yet it would not prove that the Magistrate has not a right to favour one Religion above another, tho' he will not be a Judge in Religious Controversies; or that the Le_gislature may not establish as the Publick Religion, that they think the best, and confine to the Profes_sion of it all Places of Power and Trust for its great_er Defence and Security against the restless Spirit of Enthusiasm, and the cunning of those who know how to make the madness of a deluded people sub_servient to their own ends. Gallio might prefer, and indeed could not but prefer those of the Establish_ed Religion to all places in his Government, exclu_sive either of Jews or Christians, as their Constitution then stood. But if even this could be concluded from Gallio's example, that negative discouragements might not be used in preference of one Religion be_fore another, purely as such, yet Religious and Civil Affairs are so inseparably interwoven and blended to_gether, and Religion is so often made a pretence to disturb the State, that the care of it necessarily comes within the Sphere of the Civil Power purely as such; since 'tis impossible to preserve the peace and quiet of the State, if the Magistrate renounces all right to meddle in matters of Religion. But if the Magistrate has such a right, 'tis of little importance to enquire, on what foot he has it; whether direct_ly, as it is a matter of Religion; or indirectly, as it affects the welfare of the State Civil. Which ever way it be, if he has such a right, he has it; and whoever takes it from him, is injurious both to God and his Vicegerent; he prostitutes the honour of God, and weakens the hands of the Government. 'Tis pretended indeed, That God has infinite ways of maintaining and taking care of his own Honour, with_out being beholden to the Secular Arm. And has he not as many ways of maintaining the peace of So_ciety? but sure it would be a strange inference, to conclude from thence, that there is no occa_sion for any Civil Government. And 'tis just as strange, to infer from the same premisses, that there is no occasion for the Magistrate's doing any thing to maintain the Honour of God, and the Obedience due to him. Government is the great instrument of Providence in all the aggairs of this world; and it will be always true, that God ordinarily works by the stated means of second Causes, tho' he has infinite ways of acting without them, if he please; for who can set bounds to a Power we acknowledge to be infinite? Such a way of arguing appears to me so trifling and ludicrous, or rather so prophane, that I should think it so intended, did I not know the Author, who, I verily believe, was far from any such design. As to the Government, that the denying it this right is weakening the hands of it, is so manifest, that no principle in Mathematicks is more certain, or more evident. I wish we had not so sure a proof of it, as we have from the effect the barely advancing this novel Notion in so publick a manner, has already had, by the inflaming Mens minds, and increasing that disaffection, in which the Enemies of the Govern_ment place their chief hopes.

But to return to Julian, it will be asked, Was not he a Persecutor of the Christians? I answer, No other_wise than by pursuing such methods as the Bp. thinks most for the good of their Religion: which were chief_ly these three. First, he withdrew from them the re_venues and favours, immunities, privileges and rights which his Predecessors had granted to them; by which they were reduced to their primitive State, that hap_py and perfect State which the Bp. seems to be so extremely fond of; and that for the same reason that Julian gave, that they might be less incumbred in their Journey to the Kingdom of Heaven, hina penomenoi, sōphronōsi kai mē sterēthōsin, hēs eti elpizousin, ouraniou basileias. A second way he took to weaken them, was to keep them ignorant, by help of a pret_ty dilemma, that all Teachers should act conscienti_ously and sincerely, and should not teach what they did not think right, and true, and good. Those therefore that did not like the Religion and Gods of Homer, Hersiod, Demosthenes, Herodotus, Thucydides, Isocrates, etc. should not teach such Books; or if they will teach their Books, they should profess their Religion. And by this Argument the Children of Christians were ordered to be sent where they should be taught nothing but Matthew and Luke, and what others of the same Religion had writ. And this, I conceive, does not differ much from his Lp.'s notions, who seems to think it an advantage to be Illiterate; at least so far as the belief and practice of Religion, as taught in the Scriptures, are concerned. A third way Julian took to weaken the Christian Cause, was not only not to persecute, but to indulge an absolute and universal liberty to all Sects of them: what his Lp. thinks the most proper course to pre_serve Religion, Julian thought the most effectual way to ruin it. The remark of Ammianus Marcellinus on this occasion, a very judicious Writer, and a great admirer of Julian, is so very remarkable, that I can't forbear transcribing it: Ut dispositorum roboraret ef_fectum, dissidentes Christianorum Antistites cum plebe discissa in palatium intromissos monebat, ut civilibus discordiis consopitis quisque nullo vetante religioni su� serviret intrepidus. Quod agebat ideo obstinate, ut dis_sensiones augente licentia non timeret unanimantem postea plebem: nullas infestas hominibus bestias, ut sunt sibi ferales plerique Christianorum, expertus. Lib. 22. c.5. The best Christian Writers have expressed their sense of his Indulgence to the same effect, Eo modo putans (to use the words of St. Augustin, cited by Valesius on the place) Christianum nomen posse perire de terris, si unitati Eccelesi� da qua lapsus fuerat, invideret, & sa_crilegas dissensiones liberas esse permitteret. In these ways was Julian a Persecutor of the Church, little differing from those the Bp. thinks most proper for its defence.

But to proceed; in the next place, his Lp. takes notice of what I had said relating to Establishments: and the sum of his Remarks is, 1. That he does not know certainly what I mean by an Establishment. 2. That if I mean by Establishments, any thing consistent with the Common Right of Mankind to judge for themselves, as well as to enjoy the priviliges of humane Society, and with the Liberty with which Christ himself has made us free, he has said nothing that can be construed against them; but, 3. That he can't join with me in supporting Establishments by such arguments as I have used. Now to put his Lp. out of his doubts as to the first, I mean by E_stablishments, such as the world has always meant by them, such as that is we enjoy in this Nation, as to its nature and kind, tho' not as to every parti_cular circumstance and part of it. As to the second, I can't but be very much surprised, to find his Lp. saying, that he has said nothing against Establishments under certain restrictions; for I think I have read large Books of his, that are from beginning to end against all Establishments; if by Establishment be meant the encouraging and giving by Laws a pre_ference to one Religion above another. For the en_couraging of one is necessarily the discouragement of another, and consequently is applying humane and worldly Engines to matters not of this world, and tends to promote Hypocrify, and to destroy Sinceri_ty, which his Lp. has made to be all in all. Which principles tend to destroy all the Establishments I have ever heard of, except that may deserve the name of one, that I have lately met with in the Fundamental Constitutions of Carolina, said to be writ by Mr. Lock, and published in a Collection of Pieces under his name; but which I suppose he only drew up into form as the sense of the Lord Shaftsbury, rather than his own; the care of the Affair having by the Duke of Albemarle, and other Proprie_tors been recommended to that Lord, to whom Mr. Lock was Secretary. But however that be, Mr. Lock was then but young, about thirty, and had not that knowledge of humane Nature, he aquired in his riper years, nor had turned his thoughts to so serious and thorough a consideration of the Christi_an Institution, as his Writings shew he did for many years before his death. In these Constitutions, to gain the affections of the Natives, and encourage others to come and settle in this Country, 'tis ordained, That any seven persons agreeing in any Religion, shall consti_tute a Church. And to such a Church no profes_sion of any part of the Christian Faith is made ne_cessary; only to acknowledge the Being of a God, and that he is publickly to be worshipped. So that any Man who could seduce six more, (and he has ill luck, who in a populous Country cannot,) might set up a Church, in which may be professed any, or all the Heresies and Superstitions that ever were, or can be invented: none are excluded from this privi_lege but downright Atheists, such as the impious Au_thor of the Pantheisticon This Atheistick Writer not content with what he has dared to print in his prophane Piece, has, I am told, in some Copies in_serted a prayer in MS. in these or the like words: Omnipotens & Sempiterne Bacche, qui hominum corda donis tuis re_creas, concede propitius, ut qui hesternis poculis �groti facti sunt, hodiernis curentur, & per pocula poculorum. How to fill the blank I have left, I do not remember. Thus prays this Pantheist, whose impudent Blasphemies loudly call for the Animad_versions of the Civil Power., and a few such Infidels, who are either too stupid to understand an Argu_ment, or too thoughtless to attend to one, or too vicious to give a practical assent.

There is indeed provision made by one of these Constitutions, as the Country comes to be sufficiently planted, for the building of Churches, and the publick maintenance of Divines, to be employed in the exercise of Religion, according to the Church of England. But this Article the Editor observes, was inserted after_wards, by some of the chief of the Proprietors, a_gainst Mr. Lock's judgment: and indeed the series of the constitutions shews as much, that this was not originally a part of them. Till I saw these Consti_tutions, I could not imagine what sort of Establish_ments it was his Lp. could, upon his Principles, al_low; but this has cleared up my doubts, and I shall suppose this is in the main what he would have, till I am better informed. As for his Lp.'s Limitations, if he does not include in the Establishments he al_lows, that of our own Church, he does then in effect declare, that it is inconsistent with the Common Rights of Mankind, and the Privileges of human So_ciety, and with Christian Liberty: a heavy charge! but which has been so often and so fully answered, that I think it needless to say more here. I will on_ly add, I know no common Rights of Men in So_ciety, but legal Rights, and the Laws are the rule and measure of them, and all Nations have thought religious Establishments consistent with them. And as to Christian Liberty, I desire his Lp. would define it first, and settle the true Gospel notion of it, and then I dare say that he will never more object that to us.

But in the last place, if his Lp. and I were agreed upon an Establishment, he could not do it upon my reasons; first because they turn the eyes of Christians from the conduct of Almighty God in the Christian Re_ligion, which was (I suppose his Lp. means, is) not of this world, to what it pleased him to ordain in the Jewish, which was of this world. What a pretty An_tithesis is here? who can stand out against the con_vincing force of it? was of this world &horfill; was not of this world! Thus sounds persuade as well as sense. But strip the Argument of this jingle, and it is this: The Jews being one People, God did not only give them a System of Religion, but likewise a Form of Government; which Government had the cognizance of all matters, whether Civil or Religious, under the direction of such Laws as he thought fit to give to them; so that they were a sort of Theocracy. But with respect to the Christian Reli_gion, that being not to be confined to one People, but to be propagated to all Nations in which Go_vernments were already settled, he sent his Son, not to make any alterations in them, much less to pull down one and set up another, but to promote only the religious Interests of Mankind, to call them to repentance by preaching the doctrines of the Gos_pel, and to do what was necessary on God's part, for their Redemption. And in virtue of this Missi_on, Christ, by his Apostles, gathered to himself, out of all Nations, a People zealous of good works: but with respect to the Governments in the several Na_tions, his Gospel left all things in the state it found them. So that they who embraced the Faith of Christ, neither were by any appointment from him, nor for a while in the nature of things could be un_der any other direction, as Christians, but that of his Apostles, and those who laboured with them in the Ministry, or were appointed to succeed them in it, acting in his name, and under such rules as the Gospel has prescribed to them. This now being the case, does it from hence follow, by any good consequence, that when whole Nations shall be con_verted to the Faith, when Kings and Emperors are become Christian, that they may not for the esta_blishing of this Religion, look to the conduct of God in his Government of the Jews? or that they may not imitate the examples of those good and re_ligious Princes, who in virtue of God's Laws used all their power and authority to procure obedience to that Worship and Religion he had instituted? is the conduct of God contrary to, and inconsistent with the self? can he do what is unrighteous or un_reasonable; what is malum in se? was his conduct no where fit to be imitated out of one little corner of the world? is an Establishment more inconsistent with Sincerity and true Religion now, than it was then? or, was there no Sincerity and true Religion among the Jews? is it not as reasonable that a Chris_tian Prince should study the Law of Christ, as it was for a Jewish one to study that of Moses? or does his Lp. think, that the Prince was commanded to study it as a private Man only, and not in his princely Capacity, as he was to make it the mea_sure of his Government? was it commendable, and for the eternal honour of David, Hezekiah and Jo_siah, to be zealous for the honour of God, and in defense of his Religion; and shall it be absurd, and criminal, and impious, for Christian Princes to shew the like zeal, and take the same care? Whatever his Lp. may think, the Christian World has always been of another mind. The conduct of God in his In_stituion of the Jewish Government, can't but be a proper Subject for all Governemnts to consider well, and in many cases to form themselves upon: and to say otherwise, is to have less regard to God, than is usually paid to any wise Law-maker among mere Men. But farther, was the conduct of God in in_stituting the Religion he ordained by Moses, any o_ther than the conduct of the same God, in the Co_venant he made with Abraham? did he not appoint Circumcision under the like Sanctions? did he not ex_pect the Covenant he had made with him, should be punctually observed, both by himself, and by his Children and Servants, by all either born in his house, or bought with his money, all persons without excep_tion, under his Authority and Government? I know him, says God, Gen. xviii.19. that he will command his children, and his household after him, and they shall keep the way of the Lord to do justice and judgment; that the Lord may bring upon Abraham that which he hath spoken of him. Did God require this of Abra_ham the Father of the faithful, as Father of his Family, and did he not expect the same of all Fathers of Families among Christians? Or is it possible he should expect less of Princes, than of them? Shall Parents and Masters be obliged to use their Autho_rity to promote the belief and practice of true Reli_gion in their Families? And shall Princes be so far from being under any obligation to use the Autho_rity with which God has invested them, in the same manner and to the same good ends, that to attempt it shall be a Crime in them? Shall it be interpreted to be an abuse of their Authority? Shall they be told, is it turning their eyes from God &horfill; to God; from God now well informed in the nature of Religion, to God, while as yet he was not? For the objection in effect comes to this, or there is no sense in it. As to the Antithesis, was of this world, and was not of this world; 'tis is of the Jewish and Christian Reli_gion equally true, that neither of them were of this world; they were both of them from Above, and came down from Heaven. Nor was the Jewish to be propagated by Rebellion and the force of Arms, any more than the Christian. For as to the Extirpa_tion of the Seven Nations, that was in virtue of a particular Command, and grounded upon particular Reasons. But as this expression not of this world, is applied by his Lp. to the Christian Religion, and vast consequences are made to hang upon it; I have in the following papers fully shewn what is meant by the Kingdom, that is not of this world; and therefore shall content my self to refer the Reader thither, where he will find, that when 'tis rightly under_stood, that can have no place in this Argument.

The second Objection his Lp. makes, for not agree_ing to my Reasons, is, that they reflect shame upon Protestantism, and the Church of England it self, by making all its security to consist in Human Laws, as having no lasting force against Popery, but from these. Here his Lp. puts upon me the fallacy he often puts upon himself, by which one thing is made every thing; I say, our Legal Establishment is the great Support of the Protestant Religion, his Lp. makes me say 'tis all its support; that all its security consists in Human Laws. Though one thing may be the great support of it, surely several other things may be also necessary to the same end. We have a good Cause, and we may hope for a Blessing on it from the Providence of God: but how? not by Miracles, but in the ordinary way, upon our endea_vours in its defence. 'Tis the Goodness of God that has raised up Learned Men to write in its defence; and 'tis the same Providence that has turned the hearts of our Kings, and given our Senators wisdom to support the profession of his Truth by wise and good Laws. And therefore I must take leave still to be of opini_on, "That the Protestant Religion, unless it had the gift of Miracles, could no more defend it self without an Establishment against the united Strength and Zeal of Popery, than a disconcerted Rabble could stand against a well disciplined Ar_my." Julian, who was no fool, I have already observed, thought he could not ruin Christanity more effectually than by an unlimited Toleration of all Sects, without the Establishment of any; and had God suffered him to reign any length of time, who can doubt but he would have obtained his end, un_less the gift of Miracles had been revived? For when Christians had been without Power, and without Union, and by infinite Factions and Divisions crum_bled into nothing, who can think it possible for a Religion, however good, to subsist in such misera_ble circumstances against the Learning, and Power, and exasperated Zeal of Paganism, under a Prince whose Virtue was an Ornament to his Religion? Who forced no body, but by his favours invited all he thought worth it, and reformed his Religion both by the Spirituality of the new Platonism, and by transcribing into it what he saw most excellent in the practical part of the Christian Institution? But not to insist longer on this case, what does his Lp. think of the state of the Protestant Religion in the Empire? How long would it subsist, if the Westpha_lian Treaty were abolished? Who sees not, how it labours to subsist notwithstanding the Protection it has from it, and that so many Powerful Princes are watchful in defence of it? Who sees not how it loses ground, and what Dangers daily threaten it? If the Goodness of a Cause could preserve it without human help, how came Mahometanism to triumph as it does over Christianity in so great part of the world? What is become of the once so flourishing Churches of Asia, Syria, Egypt, and Africa? Let his Lp. reconsider these cases, and then tell us, an Establishment is not necessary to preserve the Prote_stant Religion against Popery; whose Learning, and Power, and Zeal are always implacably bent upon its Extirpation. For I believe his Lp. is not so san_guine as to think, that, if the Protestants of this Nation should be in the humour of making the ex_periment, and come into this scheme, ~~that~~ the Popish Countries would follow this example.

His Lp.'s third Objection against my Reasons for Establishments is, That they make him suspect I mean by Establishments at least moderate Persecution of the Unlearned and Ignorant. To this, if it be needful to say more, let me ask his Lp. these two questions, First, Whether in his opinion the main Body of the Members of the Church of England are more for the Persecution of Dissenters than he thinks I am, or less? If more (and I am persuaded he is of that mind) then I would ask in the second place, Which is the likeliest way to bring the minds of people off from such a Spirit, and induce them to be easy and pleased with a reasonable Indulgence to tender Consciences? To run directly counter to them, and shew your self as contrary to their senti_ments as possible, or to make some advances, and meet them half way? That is, are people who are the Majority to be driven, or led? To be gained by a rigid and absolute Opposition to them, or by Softness and making some Consessions, and treating the notions of those you would convince, as if they had indeed some reason in them, but were pushed too far? Are people ever like to meet and be recon_ciled, while both sides affect to be in the extremes; or by mutually receding from them, and approach_ing to a Medium? I know his Lp. will be against me, by the part he has taken in his Preservative, which I fear never did, nor will ever make one Con_vert to the Government, however he may have pleased some who never were its Enemies. But most men, I doubt not, will be of another mind, and al_low, that the likeliest way to convince people, and overcome their prejudices, is not to keep at the greatest distance from them, and affect an unnecessa_ry Opposition to their Principles or Notions, but to shew a disposition to come to some temper, and make what approaches you can towards them.

This consideration might have made his Lp. less severe upon what he calls moderate Persecution. But I lay no claim to it. Dissensions in Religion, when under no restraint from Laws, are oftentimes of infinite ill consequence. The Spirit of Superstition and Enthu_siasm is naturally turbulent, and Sedition frequently lurks under the cover of them; and therefore I am not ashamed to own my self of opinion, that severe Laws to curb and check the first beginnings of Disorders from them, are not only lawful, but often necessa_ry; every Government has a right to make, exe_cute, suspend, abrogate, and renew such Laws, when and as often as they think fit. The Laws of this kind that are, or ever were in force of this Na_tion, were non of them designed to put any hard_ships upon truly tender Consciences, but were all of them extorted from the Government, which is natu_rally mild and extremely tender of the people's Rights, in defence of the Constitution, against the Factious and Seditious Attempts, Conspiracies, and Rebellions that were carried on under the specious name of Con_science; and were intended to prevent offences of that nature, rather than to punish them; much less to aggrieve honest well meaning people so long as no danger is apprehended from the party they are of. 'Tis plainly for this reason, that very severe Laws are still in force against Papists, though no one feels the rigour of them while he lives quiet, and gives no offence. This the Legislature has judged neces_sary, from the experience it has had of the impla_cable and restless Spirit of that Religion, which ob_liges its votaries upon Principle to be Enemies to our Constitution, and dispenses with all the ties of Faith and Honour, by which they can pledge their Duty and Allegiance, so that they can't give sufficient se_curity for their acting like good Subjects, if they would: this has made it necessary to keep them al_ways under the restraint of severe Laws. Other Dissenters are not such sworn Enemies of our Con_stitution; they are not listed under any Foreign Head, they have no Doctrines that can dispense with Solemn Oaths, much less are they taught, that there is any merit in breaking the Faith once given to the Government: The Government therefore has pro_portioned the making or executing severe Laws with regard to them, according to the temper and beha_viour of them from time to time. At present there being no reason to question their affection to the Government, all Laws of that kind have been sus_pended, or repealed, and will, no doubt, continue so, till another behaviour calls for another treatment. If ever this rule has not been observed, and any sort of Dissenters have been treated with an unrea_sonable severity, that is not chargeable on the Church of England, but on Popish measures, which were secretly contriving both their and our destruc_tion, as is now to every body well known. The Establishment it self stands clear of every thing that can with justice be brought under the odious name of Persecution.

I can't forbear upon this subject of Establishments, taking notice of a passage of Mr. Chillingworth in his second Sermon: where speaking of our Reformation, "The whole doctrine, says he, of Christian Faith, is restored to the Primitive Lustre and Integrity; nay more (which is a greater happiness than God ever created [granted] to those his chosen ser_vants which lived in the infancy of the Church) the profession of a pure unspotted Religion is so far from being dangerous, or infamous, that we have the sword of the Civil Magistrate, the pow_er and enforcement of the Laws and Statutes, to maintain this our precious Faith without stain and undefiled against all Heretical and Schismatical Op_pugners thereof." I had once intended to have supported many things in hte following papers by passages of this Writer, but they swelled so much beyond what I designed, that I was forced to lay that thought aside; which I at first took up, not because I think him the best Defender of the Refor_mation, but because some other persons have expres_sed so great a veneration for him, from whom, were he alive, I am persuaded by many places in his writ_ings, he would shew himself to differ extremely; and particularly from this in his seventh Sermon, where "he declares he dare not take upon him so much to gratify the Papists, as to lay this for a ground of stating Controversies between us and the Church of Rome, That that is be acknow_ledged for the doctrine of these Reformed Churches, which is most opposite and contradictory to the Church of Rome." Whether some of his greatest Ad_mirers do not come under this censure; nay, whe_ther, what is much worse, they do not first misre_present Popery, and then make it a certain mark of being in the right, to expose what they think the contrary, I leave the Reader to judge. As to Mr. Chillingworth, he is confessedly an excellent Writer; but it may, I think, with great truth be said, that he was much abler at pulling down than building up; towards which little can be expected of a man who is by his own arguments pushed so home in the defence he would make of Protestantism, that he has nothing left, but to cry out the BIBLE. The Bible, I say, the Bible is the Religion of Protestants; and so say all the Hereticks and Schismaticks that ever were. Agreeably to which principle Mr. Chilling_worth in another place (No. 23. of his Preface) ex_presses himself thus: "We do not renounce your Communion totally and absolutely, but only leave communicating with you in the practice and pro_fession of your Errors." Then follows, "The trial whereof will be to propose some form of worshipping God, taken wholly out of Scripture; and herein, if we refuse to join with you, you may justly say, we have utterly and absolutely abandoned your Communion." Upon which pas_sage A. Bp. Bramhal very judiciously observes in his Vindication of Grotius, &c. p. 637. "That this might serve for a Coverfew to hide the flame of our Contentions from breaking out whilst we are at our Devotions; but it hath nothing of Recon_ciliation in it, and hath as little probability of a Pacification. &horfill; By being taken wholly out of Scripture, either it is intended, that it shall be all in the Words and Phrase of Scripture; that will weigh little, (I have never observed any thing more repugnant to the true sense of Scripture, than some things which have been expressed alto_gether in the Phrase of Scripture) or it is intend_ed, that the matter of Liturgy shall be taken wholly out of Scripture; but this hath so little of an expedient in it, that it will leave the Contro_versy where it is. Both parties do already con_tend, that their respective Forms are taken out of the Scriptures."

Thus far this very Learned and Judicious Writer, who, I hope may say without offence, has defend_ed the Reformation with a masterly skill, with a thourough knowledge of every part of the Argument, and in perfect consistency with our own Establish_ment. This Author has in the same Chapter consi_dered several other passages of Mr. Chillingworth upon the same point (the reconciling our Religious Differences) in answer to Mr. Baxter, of whom I can't but observe he says, He has his fears and jea_lousies that he will never prove a good Architect in this kind (of proposing ways of Reconciliation) be_cause he never found any man yet who was given to innovation, but his Genius was ten times apter for pull_ing down than for building up. But this is said of Mr. Baxter, not of Mr. Chillingworth, who is cer_tainly a very good Reasoner, and may be read with much advantage: but I fear the reading of him by Young Divines has had one great inconvenience; they see little shew of Reading in him, and from thence are induced to think, there is no necessity of Learning to make a good Divine; nay, that if he had been more a Scholar, he had been a worse Rea_soner; and therefore not to study the antient Wri_ters of the Church is one step to the being Chilling_worths themselves. I fear, I say, the reading Mr. Chillingworth in their first years has had this influ_ence, to make them think, the good Parts and good Sense would do without Learning, and that Learning is rather a prejudice than an improvement of them. But 'tis a great mistake to judge of a man's Learning by the shew that is made of it: Mr. Chillingworth had studied hard, and digested well what he read, and so must they who hope to write as well, and be as much esteemed. It will be al_ways true and good advice, that A. Bp. Bramhall says in the place before mentioned, Then Master of Sidn. and Marg. Professor. Dr. Ward gave him, when he was a young Student in Theology; when he told him, that it was impossible that the present Controversies of the Church should be rightly determin_ed or reconciled, without a deep insight into the doc_trine of the Primitive Fathers, and a competent skill in School Theology. The former affords a right pat_tern, and the second smootheth it over, and plaineth away the knots. The opinion of two such good Judges may, I hope, be of some weight, to check that contempt of Learning, which is become so fashionable; not from a prevalence of good Sense above our Predecessors, but from a want of their di_ligence; and to convince young Students, that tho' good Sense and a knowledge of the World may make a Man; 'tis Learning, and the knowledge of what is in Books, that must make a Divine.

Nothing remains in his Lp.'s Preface, that calls for any answer. For as to what he says of Mr. Ro_gers his discourse of the Visible and Invisible Church, the ingenious Author is very able to speak for himself; and the same Temper, Learning and good Sense, that have appeared in that Piece, shew them_selves, I doubt not, in his Review; which for some reasons I shall deny my self the pleasure of reading, till I have finished my own Papers. In which I hope there is nothing wants much excuse, as to the manner of it, or that is very unbecoming one, who professes to have no other difference with his Lp. but what arises from his ill treatment of the Clergy of all Churches in general, and of the Constitution of our own Church in particular. So long as he is in that Spirit, as a Clergyman and a Member of the Church of England, I must always differ from him. But whenever his Lp. takes another part, when he shall think fit to treat the Clergy with candor, de_cency or common justice, and shew himself a friend to the Church of England, to which he is ob_liged by the most sacred ties, I shall be among the first to pay his Lp. all the respect due to his superior Merit, and to wish he may long adorn the Station he is in.

March 15, 1720-21.

|CRE |Y1730 Light in a Candlestick, to all that are in the House: Or, &horbar THE Impartial Churchman, Considering The Celebrated Discourses on the 30th of January, of the Right Reverend the Bishop of Bristol, before the House of Lords; of the Reverend Dr. Croxall, before the House of Commons; and of the Reverend Dr. Trap, before the Lord Mayor, and Court of Aldermen. WHEREIN, With a just Praise of their Merits, Respect to their Characters, and Deference to the Church; their Matter, Method, Explanations of, and Deductions from Scripture, are observ'd. especially as to Dr. Trap's Notion of visiting the Sins of the Fathers on the Children. WITH Readings in the Hebrew, Chaldee, Arabick, and Vulgate, noted: And to take in what is most remarkable on this Head, a Reflection on a Principle of the Right Reverend the Bishop of Sarum, and the Dispute of Milton and Salmasius, Mr. Milbourn and Mr. Bradbury: With a Rule to judge and apply all Sermons on that deplorable Occasion. &horbar By J. HENLEY, M.A. Founder of the Oatory. &horbar LONDON: Printed for J. Roberts, near the Oxford-Arms in Warwick-Lane. MDCCXXX. [Price Six-pence.]

EXOD. XXV.31,32. &horfill; Thou shalt make a Candlestick of pure Gold; of beaten Work shall the Candlestick be made; his Shaft and his Branches, his Bowls, his Knops, and his Flowers shall be of the same: And six Branches shall come out of the Sides of it, three Branches of the Candlestick out of the one Side, and three Branches of the Candlestick out of the other Side.

WHATEVER was written afore_time, was written for our In_struction, that we thro' Pati_ence and Comfort of the Scrip_tures, might have Hope: What God has cleansed, that call not thou common: What the Divine Spirit, the Oracle of Sacret Scripture, has been pleas'd to dwell upon in a particular Man_ner, that call not thou unworthy of thy se_rious Attention; Despise not Prophecyings, and lean not too much to thine own Wisdom: What can be more mean, and ought to be more humble, than Man that is a Worm, and the Son of Man, that is a Worm? The best are only Vessels fashion'd out of the same Lump by the Hand of the Potter; and it is God, who sheweth Mercy, not Man, lest he should boast, that hath made some to honour, and others to dishonour.

The Lord himself, (according to whose Pattern in the Mount, a Figure of good Things to come, Moses fram'd the Taberna_cle, and the holy Things of the Sanctuary) condescended to the Infirmities of his Peo_ple, by appointing the most minute Cir_cumstances of the Jewish Law; the six Branches and Ornaments of the Golden Candlestick, to teach us, that his Word is our Supreme Law, that nothing is trivial or abject, which he ordains; that the Lord's Testimony is the Light of our Paths; that Doubts are to be search'd, and Obscurities clear'd by the Lamp of Heavenly Intelli_gence; that he, who is the Lustre of Israel, and turneth the Shadow of Death into the Morning, is our Star in the East, pointing our where we are to offer the Myrrh of our Submission, the Gold of our peculiar Vows, and the Incense of our Devout Ac_knowledgment.

This was the Original of St. John's Vi_sion of the Son of Man, Rev. i.13,20. in the midst of the Seven Candlesticks, which were the Churches; for the Lamps were seven, He the Centre, from whom the six Branches were illuminated; not mention'd here by Moses, because the Sun of Righteous_ness was not yet arisen with Healing in his Wings: Therefore at first the Mediation_Lamp was not spoken of; the Branch of Jesse, call'd emphatically, the Man, the Branch, was not enumerated among the rest, till the Veil should be taken away, and the Glory over the Mercy-Seat should be_come a Light to lighten the Gentiles, as well as the Splendor of the Sons of Jacob, the universal Shechinah of Mankind.

The Prophet Zachariah mentions this Candlestick, with the two Olive-Trees on each Side, to instruct us, that the Wisdom which is from above is first pure, then peace_able: The Golden Materials are the Truth of the most High, in the Scripture, directing and opening the Way of the Just to a perfect Day; the beaten Work is the repeated Meditation of Man on the same Argu_ment; the Knops and Flowers are the Di_visions and Embellishments, by every holy Bezaleel, each Spiritual Workman, rightly dividing the Word of Truth; the six Branches are the Principal Lights, that extend equally their Force to all, tho' on opposite Sides of the same Candlestick; and the seventh is the Son of God, not to be mention'd with the Inferior Branches; but the Standard and Fountain of all Know_ledge; whose Words are as fine Gold, more precious, as Silver try'd seven Times in the Furnace; and who shall sit to purify the Sons of Levi, as a Refiner of Gold and Silver.

In the mean time, till his final Judg_ment, till he shall be the Light and Sun of that City, into which the Kings of the Earth, those who have been made to him Kings, and Priests, shall bring their Glory; Let us consider those Sons of Levi, those main Branches of the same Candlestick, Sub_jects of one and the same Nation, Profes_sors or Teachers of the same Common Chri_stianity, as to their various Sentiments, and Model of discoursing on the Unhappy Oc_casion of the Thirtieth of January; to weigh the beaten Gold in the Balance of the San_ctuary, and kindle the Sacred Fire, like Elijah, by a Ray from Heaven, unpollu_ted by the Smoke of the nether Furnace, where their Belief is trembling, and their Light is outer Darkness.

Be the two Right Reverend Bishops of Bristol and Sarum, the two first Branches, like Olive-Trees, as they should be the Mi_nisters of Peace, on either Hand of the Son of Man.

The Scheme of the Bishop of Bristol begins with a Text from Rom. xiii.5. Wherefore ye must needs be subject, not only for Wrath, but also for Conscience_sake: That is, because the Powers that be are ordain'd of God: Though the Bishop does not there explain what is meant by the Powers that be, whether the King only, or King, Lords and Commons, or Lords and Commons without the King, (a famous case of which is well-known,) or any Powers that be, for the Time being. His Lordship should have divided the Word to us, on that Head, according to the Ex_ample of Christ, Apollo, and St. Paul, who expounded the Scriptures, that those Things were so; and left all Pastors a Rule to be mighty in them. This is one Defect in any Schemes of the 30th of January Sermons, to preach on a Text, without explaining the Terms of that and the Con_text, by which we are undirected as to our own Conscience and Practice in the Ap_plication of the Sermon; as the Bishop ve_ry well urges Conscience, and Conscientiously, Pag. 6 but unless he had told us the Meaning of the Powers that be, how can we be Conscientious of our Duty to them?

The Right Reverend the Bishop of Sa_rum has written many Books, and preach'd many Sermons to shew, that "it is the Civil Magistrate's being the Minister of God to us for Good," that is the Measure of our Consciences in applying St. Paul's Rule; by which that Bishop makes the People Judges of their Consciences in that Particular, and Judges of Him, how far he is the Minister of God for Good; which is giving them a Judicature, a Judgment of the Ministry of the Civil Magistrate. Now these two Bishops, who are opposite Lights on the same Candle_stick, should both give the People a deter_minate Rule of Conscience on this Point; otherwise the word Conscience, will be us'd at Large, as it has been; and the Bi_shop of Sarum's Conscience will be no Law to the Bishop of Bristol, nor either of them to the Consciences of others. I remark it therefore as the second Defect in the 30th of January Sermons, not to give the Peo_ple a distinct Rule of Conscience to act by, on a Scripture Footing, in this Affair: leaving, by that Omission, a Latitude for two Consciences, different and repugnant to each other, and therefore, for two Thousand, or more, indefinitely.

The Bishop of Bristol proceeds, Pag. 7, 8, and 9. to rehearse the personal Virtues of his Majesty King Charles the First, that he was a Gracious, Merciful, and Pious King; Pag. 9. he professes not to enter into the Causes of Rebellion. Truth can never suffer, and the whole Truth might have been gloriously laid forth on the Panegyrick before; for half the Truth is not the whole: I remark it as a third Defect, not to exhibit to us the main of the entire Question; for how can a Christi_an's Conscience be fully informed, by let_ting him only into a part of his Informa_tion? And how can the People rightly dis_charge their Obligation, if their Conscien_ces be not compleatly instructed?

Pag. 11 The Bishop of Bristol, instead of looking back, would prevent the like Calamities for the future, not by explain_ing the Scripture, regulating surely, and fully informing the Conscience, but by his own Use of the Text; shewing from that, 1. That a conscientious Regard to the Principles of Religion, is the firmest Sup_port of Civil Government.

Pag. 5. He shew'd first from the Text, "The Duty of Subjection from God's or_daining the Powers that be:"

Pag. 11. He has a Second First, "To shew the Support of Government from the Principles of Religion in general," which is neither in the Words, nor in the Sense of the Text: The single Duty of Subjection for Conscience Sake, is not a con_scientious Regard to the Principles of Reli_gion at large for the Support of Government: That is Conscience for the sake of the Go_vernment; the Text is Subjection for the sake of Conscience; which is the direct contrary: For Conscience, in the Text, is the Rule or Subjection to Government for its firmest Support, not the Support of Government the Rule of Conscience.

His first Head is shewn indeed, as he speaks, from the Text, because it is not in it. The Text does not guide him to com_pare what is more or less for the Support of Government, but it gives two Motives of Subjection, one for Wrath, the other for Conscience, in regard to Obedience on_ly, without the least Handle to compare them, for the Support of Government. There is not a Word in the whole Chapter of the Support of Government, which is a distinct Idea, another Proposition, from that of Subjection for the sake of Consci_ence. That Support might have been made a remote Inference, it could not na_turally and immediately be made the first Head from the Text; the first Head ought not to be of what may be thought imply'd in a Text, but of what is there im_mediately; otherwise it denies any Head to be first, by making any to be equally so. St. Paul makes no Comparison, the Bishop does; and shews it from his Words: St. Paul speaks of Subjection for the sake of Conscience; the Bishop of Conscience, or religious Principles, for the sake of Go_vernment: One says, you ought to be sub_ject, as you are conscious, the Magistrate is the Minister of God for Good to you; the other, you ought to be a Man of Consci_ence and Religion, because it is the firmest Support of Government; which inverts the Proposition; for that Reason is not Consci_ence, being only a human Motive, and go_vern'd by a temporal Consideration.

I remark it as a fourth Defect in the 30th of January Sermons, to shew from the Words of the Text in the first Head, what is not in the Words at all, and if suppos'd to be imply'd, must have come under a more distant Article: Unless my Lord Bishop had an Eye to that Passage, the first shall be last, and the last first; for many are call'd, but few are chosen.

From Pag. 12, to 23, which is the Bo_dy of the Sermon, the Bishop of Bristol enlarges on his first Head (leading him still farther out of the way, the longer he fol_low'd a wrong Path at setting out) about the Rise of Government, "from Violati_ons of the Laws of Nature, by the Con_sent of Man only; no Form of Govern_ment, as he says, Pag. 16. being prescrib'd by God above another. He is enforcing Obedience from Conscience, and yet he tells us, God does not prescribe any Go_vernment at all more than another; by which he puts Conscience out of the Que_stion: So that he makes Religion the firm_est Support of Government, and yet af_firms it has not the Support of Religion, it is not founded upon that, but on breach_es of the Laws of Nature, and is a meer human Institution. Conscience to God for a human Institution, and from secular Mo_tives for the Peace and Order of Society, is a Contradiction in Terms; it is not St. Paul's Doctrine. St. Paul says we are to be subject, as we are conscious the Ma_gistrate is the Minister of God to us for Good. That was St. Paul's Conscience; he did not make the Interest, or firmest Sup_port of the Government, his Conscience, his God; his Persuasion of the Powers being the Minister of God to him for Good, was the Rule of his Conscience.

Pag. 23. The Bishop of Bristol proceeds, "That this leads him to his second Head;" Pag. 12. he was to shew all three Heads from the Words of the Text, and the second is, "that the Christian Religion lays the strongest Obligation of Obedi_ence on the Consciences of all Christi_ans:" This is true, but not in the Text: It might have been also a remote Inference, but more properly a fifth, than a second Head; for that ought to have been, what in the Words is the second Consideration.

He tells us here, that the Christian Re_ligion lays us under the strongest Ties of Subjection to Government; whereas before he told us, that Government was founded on human Consent, not God's Appoint_ment: Subjects are Subjects to a Form of Government; no Form of it, says the Bi_shop, is prescrib'd by God, nor therefore by the Christian Religion, above another; yet he insists, you are to be subject to a Form of Government, for Conscience Sake, by applying it at last to the present Government. His Discourse is a proper Image of the Rebel_lion, it fights with it self: God orders you to be subject to a Form of Government; yet God, he avers, order'd no Form of it, Man order'd the whole.

Pag. 24. He builds the Right of the Ma_gistrate to Tribute, and Obligation of others to pay it, on Christ's Answer to the Question, Matth. xxii.16. Whether it was lawful to pay Tribute? Observe, the Question is not, whether a Man was oblig'd to pay it, but whether it was even so much as lawful; Christ did not say it was lawful, or a Duty to pay Tribute, but in general Terms, Render to C�sar the Things that are C�sar's? What Things are C�sar's? Christ did not resolve that Question. In another Text Christ said, the Children are free from Custom or Tribute. The Bishop quotes St. Paul as an Example of Subjection, Pag. 25. St. Paul would not submit once to the Ma_gistrate, Is it lawful, says he, for you to scourge a Man that is a Roman, and uncon_demn'd?

Pag. 27. He comes to his Third and last Head, That it is our Duty to be subject to the present Government. Pag. 11. he ex_presses it, how much it is our Duty; and he proposes there to shew that from the Words of the Text, that is, the Bishop asserts, that St. Paul, near 1700 Years ago, (though no Form of Government, as he declares, was ever prescrib'd by God above another,) made it our Duty to God, for Conscience Sake, to be subject to the present Govern_ment. His Expression, How much, Pag. 11. was his Guide. He concludes with an En_comium upon his Majesty, the Royal Fa_mily, and the Blessings of the present Situ_ation of Affairs; all shewn from the Words of the Text.

I remark, that the Scheme of the Bi_shop's Sermon was to celebrate the present Government, and to turn his Text and Ser_mon to that Point; whereas his Text should have been, as he propos'd, the Fountain of his Discourse; he has made the Conclusion of the Discourse the Beginning of the Text, and has put St. Paul's Words in Subjection to his own Speculations.

That of the Reverend Dr. Croxall claims our next Attention: His Text is, "Take away the Wicked from before the King, and his Throne shall be establish'd in Righteousness." The Doctor professes, p. 6. to chuse these Words, because they may not be found improper to a Scheme he had form'd before he chose his Text, to shew the Agreement of the 5th of Novem_ber, which commemorates our Deliverance from Popery and Slavery, (the Doctor sup_posing we are deliver'd from Slavery,) with the 30th of January, appointed to implore God's Pardon for the Martyrdom of King Charles the First. This teaching us, that the Persons of Kings are inviolable; the o_ther, that something should be done, when they are oppressive; not upon their own Per_sons, but Taking the Wicked from before Him. That Doctrine, of the Persons of Kings being inviolable, the Doctor finds strongly imply'd in his Text; and he adds Reasons for it, from the Dignity of their Office; de_claring Kings to be Officers: From the Cares and Ills they are subject to; from the Obligation we owe them for accepting so difficult an Employment, declaring that Kings have an Employment; from the Gene_ral Practice, that, in the worst of Cases, the Persons of Kings have been untouch'd. The Doctor does not suppose those Cases to be unknown, and therefore does not mention them.

He proceeds, p. 10. to assure us, that among all Nations, Christians, as well as Heathen, Kings have been look'd upon as God's Vicegerents: He supposes the Hea_then Instances of that Sentiment to be too familiarly known to require a Mention. He produces St. Paul, as styling Kings the Ministers of God: St. Paul speaks of the Powers that be, and of the Minister, which is, the Servant, of God, in that Chapter, not of Kings.

I wou'd not be misunderstood to dislike Dr. Croxall's Sentiments, any more than Dr. Trap's hereafter, but to observe upon their Discourses with that Enquiry after Truth, which is my singular Profession. He comments on the allow'd Meaning of that Law, Honour thy Father and Mother, in this Light; a Meaning may be currently al_low'd, and not just; and no Meaning of an Old Testament Text ought to be allow'd a Divine Meaning, that is, a Religious Do_ctrine, that is not declar'd to be that pre_cise Meaning in some other Texts of the Old or New Testaments. For the Mean_ings of Interpreters are various, and disal_low'd by others.

Pag. 11. He quotes the Case of David at Hachilah, abhorring to stretch forth his Hand against the Lord's Anointed, Saul, appoint_ed King by a Prophet; supposing that Case of David to be that of a Nation in regard to a King anointed by a Bishop, or a Pastor of the Church, as Dr. Croxall styles a Bishop, p. 3. It is remarkable, that the First Book of Samuel, c. 8. on the People's asking a King gives a very particular Character of one; and that Book was written by a Prophet, and is call'd The First Book of Kings.

Pag. 12. He quotes the Law of Moses, Thou shalt not revile the Gods, nor curse the Ruler of thy People; it is Exod. xxii.28. But Israel had then no Kings, and the Word 'lwhym, Gods, is any Rulers, or Magistrates, or Leaders of a People.

The Doctor has not shewn us here the Dif_ference between reviling Kings, and saying, as he does, p. 5. "That they violate the Initial Compact, substitute their own Wills for the Laws, and pursue Courses oppo_site to the People's Interest;" for some may interpret a just Complaint of iniqui_tous Facts to be reviling; and they may in_sist, that if a Ruler of the People is not to be revil'd, then an Administration, tho' Wicked, is not to be call'd Wicked. There shou'd have been a Definition of reviling, and a Distinction on the Word, Rulers of the People: Let me supply this; To revile is to propagate false Facts instead of true Ones, with Malice prepense; or to use op_probious Language, Words conveying a Reproach, without, or beyond a real Foun_dation.

To express what we conceive true Facts, in their exact Light, of the Rulers of a People, is not to revile them; but is the Do_ctrine and Practice of the Bible, especially of the Prophets, St. John the Baptist, and Christ Himself.

The Doctor goes on to his second Head, "To take away the Wicked from be_fore the King;" He speaks of the Com_mentators, and the Greek Version of the Septuagint, kteine asebeis, Kill the Wicked: The Doctor words it, Cut off: He omits to give the Hebrew Original 'shr wh, Remove wicked; it may be, wicked Thing, or Action, as well as wicked Man; the Word is the Singular Number, and is not con_fin'd to a Person; it may be, Remove Wicked_ness, Unrighteousness: The Chaldee Paraphrase has it 'wshd nwdttg Let Wicked be cast out: The Arabick begins this Chapter remarkably thus; In the Name of the Eter_nal Everlasting God: And before that, it is noted, The Proverb of Solomon are ended; his Instructions follow; very difficult to be ex_plain'd; which the Friends of Hezekiah wrote out.

So likewise the Syriac places the End of the Proverbs of Solomon before the Be_ginning of this Chapter: This the Doctor might have observ'd, when he spoke his Text out of the Proverbs.

In the Arabick, it is the 5th Verse; the Hebrew, the Original, is Remove; the Vul_gar Latin is Aufer: The Doctor might have remark'd the Original, and other Readings, and the Latitude of the Acceptation.

Pag. 17. He tells us, we ought to en_quire who are the Higher Powers. Before, p. 10. he had said, that Kings are the Mi_nisters of God. P. 17. he affirms, the Higher Powers, which are the same in St. Paul, as the Ministers of God, are the Legislative Power, the King, Lords, and Com_mons; so that here he extends Passive Obedience to the King, Lords and Commons; and they are all according to Him inviolable, by an equal Reason, either a_mong one another, or to the People.

He has omitted to prove, that St. Paul means the King, Lords, and Commons, by the Higher Powers, or the Powers that be. He, under whom St. Paul wrote, was indeed a Tyrant, but St. Paul had no Law on his Side; for the Chistian Reli_gion then was not legally tolerated in the Roman Empire. When St. Paul had Law, he pleaded it; witness the Instance pro_duc'd before.

The Doctor tells us, that Kings obsti_nately persisting in Tyranny should be ci_villy disabled from it: The Word Civil, from Civis, a Citizen, a Free Subject, im_ports, that the Cives, Citizens, Subjects, may disable him from being a Tyrant; in what manner he is to be civilly disabled, he does not express.

In a Sermon on the 30th of January, an important Doctrine should be built on a fix'd Meaning of a Text, and the Discourse should flow from it. It is an Honour to the Doctor, that being the King's Chaplain, and preaching before the House of Com_mons, He declar'd his Judgment with so much Spirit and Fortitude, becoming an Englishman, a Divine, and a Christian. But it is to me inconsistent, that he meant, by the Wicked, the Chief of the Ministry; be_cause he tells us, that the Legislative, of which they are a Part, being Members of the Houses of Lords and Commons, is In_violable; so that he has left us destitute of a Clue to judge, who or what Wicked are to be removed: I do not here examine the Truth of his Doctrine, that a Legislative, or Kings, are Inviolable.

The Reverend Dr. Trap, in the Dedi_cation of his Sermon, excuses the Severity of his Expressions upon the Day, by the like in an Act of Parliament. He needed not that Excuse for being severe upon it; and they that would dislike his Expres_sions, would object to those of the Act, for the same Reason. Acts of Parliament may be producible for and against the same Things.

His Text is extremely moving, and adapt_ed to affect the Passions; Daughters of Jerusalem, weep not for me, but weep for your selves, and for your Children. Tho' King Charles the First acquitted the Par_liament, and thereby, in his Judgment, the Nation represented by it, of the Guilt of this Fact; tho' many, that acted in Oppo_sition to some of his Measures, protested a_gainst this Extremity; yet we know not how far in the secret Counsels of God, who maketh Inquisition for Blood, this may be imputed to the Nation; and therefore it may concern the Nation to deprecate it. I enter not here into the Question, of the Reasons for and against the Abolition of that Day; it may be an Immortal Caveat to admonish all of their Duty, from the Throne to the Cottage.

Dr. Trap's Observation is very just, that the King's Concessions gave his Adversaries Power against him.

Pag. 8. He speaks of the King's being his People's natural Sovereign; that is, born their King; intimating, that Nature is an additional Tye to all other Obligations: And he is a Moral Sovereign, who observes the Tyes of natural Justice, Equity, and Love, to all his Subjects.

Pag. 9. He repeats the Maxim, that the Person of the King is by our Laws inviola_ble. The Doctor has not shewn us, how that Rule was kept at the Revolution, as to the Person of James the Second at White_hall, the Battel of the Boyne, and other Junctures, by the Interpreters of our Laws at that Time: And we still want an Adjustment of the Point, as stated by Dr. Croxall, how far we may cut off wicked Ministers, and civilly dis_able a Tyrannical King, without Violence to his Person. For if that be among those Ministers, and Force be lawful for their Removal, that Force may terminate on the King's Person. Therefore he should have instructed us, how making War with the Wicked to take them away from the King, may not be taking the King away at the same Time, and a Violation of his Person. Dr. Trap owns that the King's Ministers were Accountable. All Rulers under the King are his Ministers; the Scripture speaks of the same Obedience to all Rulers, the Powers that be, without Distinction. If Passive Obedience is due to one, it is due to all; if not to all, then not to any, for the same Reason.

Pag. 9. Dr. Trap remarks, that God punishes the Sins of the Fathers on their Posterity in the Scripture; he omits the main Reason of that Oeconomy in the Old Testament, which is, that God was King of the Jews, in a temporal Covenant with them and their Children; and could Dis_seize either by a legal Forfeiture of his Rights vested in them, on certain Defaults. They forfeited his Grants, not their own Property; for no Creature, especially in Covenant, is a Proprietor in Bar of the Creator, who is Lord Supreme. As to any other positive Stipulation of God with the Jews, exposing their Children for their Father's Sins, it does not hold out of that Nation, and that Covenant; it is not applicable to any other Country.

Pag. 11. The Doctors offers a Reconcile_ment of the two places of Scripture, Exod. xx.5. God visits the Sins of the Fathers upon the Children; and Ezek. xviii.20. The Soul that sinneth, it shall die; the Son shall not bear the Iniquity of the Father. The Doctor recon_ciles this, by supposing that Ezekiel means the next Life, When the Soul that sinneth shall die; that is, be punish'd with the se_cond Death, of eternal Misery.

There is no Contradiction in those Places. Exod. xx.5. God visits the Sins of the Fa_thers upon the Children, to the third and fourth Generation, of those that hate him; that is, Idolators were obnoxious to be cut off with Death, to the third and fourth Generation. This was to be by God's Exe_cution of his own Law, as he pleas'd. The Son shall not bear the Iniquity of the Fa_ther; that is explain'd, Deut. xxiv.16. of Man's Execution of God's Law, that he was not to kill the Son for the Father's Sins.

Consult that Text: The Fathers shall not be put to Death for the Children, nor the Chil_dren for the Fathers: Every Man shall be put to Death for his own Sin. It is transcrib'd by Ezekiel, and means in both a human Execution, not a divine Visitation. 2. Kings xiv.6. The Children of the Murderers he slew not: According to the Law, the Fathers shall not be put to Death for the Children, nor the Children for the Fathers; Every Man shall be put to Death for his own Sin: Which is spoke of Joash killing the Servants that slew his Father, and not their Sons; pro_ving that this of Ezekiel refers to human Executions only, as directed in Deutero_nomy.

Another Proof of this is 2 Chron. xxv.4. where Amaziah is said not to slay the Chil_dren of Murderers, as the Law command_ed, saying The Fathers shall not die for the Children, nor the Children for the Fathers, but every Man shall die for his own Sin. The same as in Ezekiel, a human Execu_tion.

And ver. 2. of that Chapter of Ezekiel, you read of a popular Complaint, The Fa_thers have eaten sowre Grapes, and the Chil_dren's Teeth are set on Edge; you shall have, saith the Lord, no more Occasion for that Proverb, &horfill; all Souls are mine; the Soul that sinneth, it shall die. There God repeals the Penalty in Exodus, which he threaten'd, that he would visit the third Generation: And Jerem. xxxi.30. prophesies, in the very Words of Ezekiel, that the Days shall come, when every Man shall die for his own Iniquity.

Dr. Trap avers, that the only true way of reconciling these Places (which want no Reconcilement but to understand them, that Ezekiel repeals the Penalty in Exodus, as to any suppos'd divine Visitation on Posterity, and refers to human Executions only, as to a distinct Law of not killing the Sons for the Fathers Sins;) the Doctor's only true way is by explaining Ezekiel of a Future State, which is out of the Jewish Covenant, out of their Law, though known to, and be_liev'd by most of them. The Children's Teeth are set on Edge; did not mean that the Children dy'd in another World; but present Inconveniencies, which they complain'd they suffer'd unequally, not ac_cording to their Law, for their Fathers Sins. Whence God answers them, Are not my Ways equal, just by my Covenant, in your Law? They cou'd not complain of Ine_quality as to another Life, because it was never stipulated to them; it was a present Grievance which they then knew and felt, not the Apprehension of one to come.

The Doctor is more just in his History than his Divinity; he well paints the mise_rable Consequences of the Civil Wars to this Day; P. 16. he ascribes to them the most corrupt Religion of King James II. as he speaks; the Canon-Law still retain'd in England, founded much on the spurious Isidore, is Part of that, which is two thirds of another Church, and numerous other Corruptions are producible on a Challenge.

The Doctor puts some Blame on King Charles and King James II. What Prince is without it? Yet King Charles II. encourag'd Learning; Trade was not sunk in his Time, nor Taxes so burthensome. Their Faults ought not, cannot be defended. May we see no greater. And, as the Doctor quotes the Text, Let the Ministers, the Priests of the Lord, weep between the Porch and Altar, lest a Share in the Guilt of that Day should be laid to their Charge.

I will not now dwell upon what Salma_sius, a Great Master of Critical Learning in France, has written in Defence of the King in the Civil Wars; or of what Milton has reply'd to him; that may be the Mat_ter of another Lecture: It was said, that Salmasius dy'd of secret Uneasiness at the Answer of Milton.

The Reverend Mr. Milbourn, has been distinguish'd for his Zeal, and repeated Dis_courses on this Subject; and particularly for his Preface against the Reverend Mr. T. Bradbury; who retorted upon him, Fenwick, Friend, Parkins, Charnock, Rookwood, Ash_ton, and others, declaring a Design to mur_der King William, as agreeable to Con_science, and the Doctrine of the Church of England; and that in the Case of King Charles, no Proof could be given, when the King would not plead. I wou'd remark on that, that a King pleading is not in the Laws of England. The Word Pleas, is from Placita, the King's Sentences or Pleasure; which is against his Pleading.

I will conclude at present with a Method of Judging all Sermons on the 30th of Ja_nuary. The first Step is to resolve on form_ing an entire View of the Occasion. He that is imperfectly acquainted with the History and Foundation of the Original Controversy, which produc'd the Civil Wars, and ended in this fatal and deplorable Event, must have an imperfect Notion of the Discourses preach'd on the Anniversary: If on either Side, for or against it, he is determin'd to judge according to his Passions, and Preju_dices, taken for granted, he cannot under_stand a Sermon on the Subject.

For this Purpose, he is to consult all the Lights of Historians possible, neglecting none of either Party; weighing their Au_thentickness, their Honesty, their Knowledge of Persons and Incidents, and build_ing, not upon their Opinions, Characters, Representations, and Reflexions, as theirs, but as Facts vouch'd by them; comparing them with one another, and passing a very slow, deliberate Sentence on the whole Comparison.

When he had laid this Bottom, a Hearer is to consider, on the 30th of January, what is the Audience, what is the known Byass of the Major Part, what they desire, wish, or expect, shall be preach'd, and guard his Judgment on that Quarter: Who is the Preacher, what his Abilities, Study, and Party; what is the Interest weav'd into the Argument; hear nothing implicitly, for or against the Day, and attend closely to the Application of it.

Then when the Text is nam'd, let him reflect, how proper it is to that Point; whe_ther it be explain'd at all, or justly; whether the Doctrine arises from it; whether the Heads be regular, branching of themselves in order from the Propositions of the Text, and one another, or made to issue from it; whether the Proofs be alledg'd for Asserti_ons, from Facts, Witnesses, and Scripture, and taking the Scheme and Tenor of the Discourse, the most probable View and In_clination of the Preacher and the Audience, with the Reasons and Consequences of them, impartially deduc'd; and the Share of the present Times in the Affair.

By this Method he will be able to judge clearly the Merits of such Discourses, and separate the Truth from other Mixtures: And as to the pious Turn he is to give to it, he is to make the Scripture his Test; the Word of God, in the midst of the seven Lamps, his Guide; proportion his Submis_sion to the higher Powers, to their Exercise of their own Duty; enquire how far diffe_rent Persons intend the same Thing, in se_veral Methods and Circumstances; in the Changes of earthly Kingdoms, look at that Inheritance which fadeth not away; and adore that immortal Potentate, Jesus Christ, who has the Sovereign Right to the Heart, and whose Sceptre is a Sceptre of Righteousness.

I cannot take Leave of this Considera_tion, without doing Justice to the Vir_tues of the three Preachers above-men_tion'd: The Loyalty of the Bishop to his Prince; the Zeal and Vivacity of Dr. Trap; the Publick Spirit of Dr. Croxall. Let us apply the whole to the Culture and Im_provement of all worthy Qualities, which we esteem in others; the Discernment and Cure of our own Defects; our mu_tual Edification and Good-will, as Fellow_Christians; and modelling this, and all Ar_ticles of Thought and Conduct, to our ultimate End, the Salvation of the never_dying Soul, and the Glory of the Eter_nal King; To whom be all Obedience, Love and Praise, through endless Ages.

FINIS. |CSC |Y1644 MERLINVS ANGLICVS JUNJOR: The English Merlin revived; OR, His prediction upon the affaires of the English Common-wealth, and of all or most Kingdomes of Christendome this present Yeare, 1644. &horbar By W.L. &horbar &horbar Published according to Order. &horbar LONDON; Printed by R.W. for T.V. and are to be sold by I.S. in Little Britaine. 1644.

To the Reader.

IN Christmas last past, I was intreated by some friends to write my judgement upon this yeares Actions, 1644. the 6. of January I finished it; since which time divers Coppies have been obtained from me; insomuch, that fearing some Copy might surreptitiously be printed: I have given leave to a Friend for this Impres_sion. And whereas there are some months elapsed since its first writing, they that have any of my former Copies may perceive thereby, whether any materiall accidents have happened, as by me predicted, and then expect the same verity from the succeed_ing Months, sith all the judgement was drawne from the same fountaine of Learning. If this finde entertainement, thou mayest expect my Astrologicall Treatise of the ninth lesser Conjunction of Saturne and Iupiter 1642.1643. which hitherto is not handled to any purpose by any man, or to the credit of Astrology; I am therein copious, and de_liver to the world what I conceive of these our domestique Wars; when we may expect an end of them; what I conceive of most Nations of Europe; there I handle the effects of the remainder of influence of the last Comet in 1618. the cause of these Wars from the heavenly Constellations, as also the nine Conjunctions of Saturne and Iupiter in the watery Trygon, beginning in the time of Henry the sixth; as also the Conjunction of Saturne and Iupiter upon entrance of the fiery Trygon 1603. and since: If that Tractate please, I have also almost finished, The Government of the World by the seven Planetary An_gels under the severall Trygonicall Revolutions of Saturne and Iupiter, even to this yeare, from the beginning of the world. If any Astrologer of this or any other Nation, carpe at any judgement in the subsequent Discourse, I offer to maintaine against one or all the verity thereof, according to the fundamentals of Astrology: and I shall take it as an especiall favour but to receive the precise dayes of the month of any materiall accident from any well wishing Gentleman or Souldier; the better to rectifie my judgement an_other time: And I desire all English and Scottish generous Spirits to passe by the er_rours and failings of this maiden Worke (for errour there will be) so shall you engage little Merline, who is not ashamed that his name is

William Lilly.At the three Flower de Luces neere Somerset House, 1644.

To any, or every man.

I Desire to be modestly and Christianly censured for writing this subsequent discourse: Non quod falsa hominum judicia verear, sed ne quis nimium credulus obloquentium dictis ignorans de nobis scandalum sumat; omnis enim qu� scire unquam professus sum, cum Deo, & sine injuria fidei nostr� Christian� scio, & judicatus sum; licet ex mutis paucissimi queant inve_niri, qui mysteria occultarum influentiarum Cœlestium intelligant.

Its far from my thoughts that there's any binding or inevitable necessity in what I predict by the radiation of heavenly bodies; the stars have no such unlimited lawes, they are bounded, and give light to us or some small glimpses of the great affaires God intends upon earth, but if we rely on our judgement, without relation to the immediate rule and direction of his eternall provi_dence, alas, how soone of wise men we become errant fooles and Ideots: I have ever loathed fatall necessity, supposed by Plotinus to be maintained by Ptolomey; certainly I do not remember any Astrologicall, writer either A_rabian, Greek, Jew, or Latine that maintaines such an Atheisticall opinion. God created the heavens, Sun, Moone, fixed stars for the benefit of man, and his own glory: If the Heathens, the Caldeans, Syrians, or some absurd Indians, and Egyptians abused this knowledge, and these Celestiall creatures; shall we Christians suffer, which modestly use, but no way abuse either the Planets or their influence. We use the light of the Sun beames, we make the Sun no God, no incense do we offer; the Moone lights our wandrings in the night, and we are thankefull to God for it; by helpe of fixed stars we saile and performe many admirable secrets: By day I understand knowledge, by night ignorance: Jacob understood by the Sun himselfe, being Master of the Fa_mily, by the Moone his wife; by the II. fixed stars a multitude, &c. This learning is ancient, and hath had society with Kings; its now despicable, it hath few favourers, and as few that understand it. I desire to be judged by those that apprehend something in Astrology, and not by the censorious criti_call Asse, that beleeves no influence, scarce a heaven: It was folly in me to judge of any science, I was never acquainted with; hee's as much foole as Phormio that censures my labour, and knowes not what I write of, nor the principles of that Art from which I draw my judgement; I beleeve God rules all by his divine Providence, and that the Stars by his permission are instruments whereby many contingent events may be foreseene as well in the generall accidents of the world as in particular mens fates, yet so, as, Astra nullum imperium in mentes eorum habent, qui spiritu ambulant con_sitente dominum Jesum Christum omnia in sua potestate habentem,

The discourse hath already found some friends, it must now expect as many enemies; I care not, I have avoided almost the termes of Art, that it might appear plaine and easie to the meanest; some things in my Copy the Li_censer expunged, its thereby lesse significant: I am contended; it might have appeared in better termes four moneths sooner, had I intended to print it. I conclude with that of Saint Augustine, Deus regit inferiora per superiora: The Planets and Stars are ministers not masters: Expect not that all accidents shall precisely happen to a day or a weeke, do not we first fit the ground, then sow, and after some expiration of time gather a crop: its impossible for the weakenesse of man at all times to hit the certaine day, or weeke of many accidents, sometimes we do, or very near, but not constantly: God keepes and reserves to himselfe many secrets, of which man hath no knowledge; he alters and changes times, seasons, and what he pleaseth, when, and where he will, so that we predict nothing but with this limitation, the hand of Almighty God considered or not impediting or preventing nature, for in his alone breast is all learning, science, knowledge, power and dominion for ever and ever.

To whom, &c. W.L. &horbar

In some Copies the Reader is desired to correct the Errata following: errata put into text

The signification of the 12 houses of heaven in an Annuall Revolution, by which every one is dire_cted to the key of the Booke.

1. Ascen_dant, com_monalty, Vulgar, life of e_very man.

2. Wealth, Riches, Estate, Movable goods.

3. Kindred, Neighbours, Small journies.

4. Fathers, Towns, Castles, Kings, wives.

5. Children, Em_bassadours, Commissioners.

6. Servants, Little cattle, Sicknesse.

7. Women, Warres, Law suits, Suitors.

8. Death, Inheritance.

9. Clergy men, Long journies, Religion.

10. Kings, Emperors, Princes, Gene_rals, Comman_ders of Armies.

11. Friends in ge_nerall, servants in particular, their aide, or helpers.

12. Whispering, Great cattle, Envy, Sorcery.

Figure of the houses of heaven

When I speake of the tenth house, I intend somewhat of Kings, or persons represented by that house, which is also called Medium Cœlio, the mid heaven: When mention is made of the first house, Ascendant or Horoscope, I intend the Commonalty in generall.

In ictu radii exurgent �quora, & pulvis veterum renovabitur.

Dic: Et eris magnus Apollo.

Pensa libr� ex obliquo pendebunt, donec aries recurva cornua supponat.

Londinum Angli�. Fullpage astrological figure

THE ACCIDENTS BELONGING In particular to England, and generally to many Countreys of Europe: Astrologically handled for this present yeare 1644. By W.L.

I Intermedle not with discoursing (in quo orbe magno sumus) or what Signe or Planet doth go_verne in that great Orbe, nor who is Divisor, or what Signe is profectionall of every Orbe; a taske too hard, and not to be performed in a Pamphlet: Nor doe I speake any thing in this Discourse of the Conjunction of Permutatio Saturni & Iovis de triplicitate in triplicitatem, muta_tionem significat regno_rum & Sectarum, Escuid. fol. 15. The permutation of Saturne and Iupiter out of one triplicity into another, signifies a change of King_domes and Sects. Saturne and Jupiter 1642/3 nor of any precedent Eclipse, either Solar or Lunar; nor of the influence of the last Comet we beheld in 1618. which is now strongly in operation in all or most places of this Kingdome; I hold my selfe meerely to the Ingresse of the Sun into the first point of Aries, and according to that little knowledge I have, send out into the world these ensuing lines.

Seeing fixed Signes possesse the Angles of the figure, at the time of the Sun his entrance into the Ram, I hold the positure of heaven erected for that moment of time sufficient whereupon to ground my succeeding judgment for the whole yeare, I am warranted in so doing by Guido Bonatus, fol. 527. Quando Sol intrat Arietem, si ascendens est signum fixum, illa revolutio continet in se omnes quartas illius anni: This is also the opinion of some that have Commen_ted upon Ptolomey; but Ptolomey himselfe who meddled not with this manner of judgement, gave direction to erect foure Scheames for every yeare, for discovery of the seasons of the yeare, which hee principally intended; viz. one Figure for the Vernall quarter upon the Sunne his entrance of Aries: the se_cond, upon the Sunnes ingresse into Cancer: the third, upon the Sunnes entrance intoLibra; the fourth, when he entred Capri_corne: the former words speake this English; When the Sunne entersAries, if the Signe ascending be fixed, that onely Revo_lution will serve to judge all the Quarters of the yeare by; of this opinion is Leupoldus in Libro de Revolutionibus; Si ascendens in revolutione est fixum sufficit pro anno toto figura quam fecisti: si est commune fac duas, si est mobile fac quatuor: If the ascendent in a revolution be fixed, it sufficeth for the whole yeare; if common, erect two figures, if moveable, make foure: I conceive more might naturally be deduced from the former position, then is fit to be publiquely knowne to the world.

If the rules of Astrology faile me not, or God Almighty cloud not my understanding, and so make me uncapable of judgement, some more then ordinary action and accidents shall this yeare happen in our Clymate, which is England; and in our neerest adjoyning neighbour Countries, which are Scotland, Ireland, France, Denmarke, the United (perhaps disjoynted) Provinces, as also in the Dominions of his Majesty of Spaine, in Flanders, and Brabant: The Celestiall Scheame it selfe is very strange, all the Angles being fixed, the Moone and Mars in fixed signes; the Sunne, Saturne Venus and Iupiter being all in the Equinoctiall and Cardinall signeAries the ascendant of England, as if by this their position they pointed out wee should have action enough, and va_riety of it, &c. onely Mercury the father of lyes and untruths, and scandalous Pamplets is in a Common signe, as if he intended all this whole yeare to vex us with flying reports, continuall feares, false alarums, untoward speeches, contradictory newes, lying messen_gers, and cozening Accomptants, Receivers, Treasurers, and the like, &c.

There doth succeed this ingresse of the Sun, two Conjunctions of Mars with Saturne and Jupiter commonly called lesser Conjuncti_ons; of both which I may occasionally speake, for in their seasons they will instrumentally put forward the actions decreed by Al_mighty God for this yeare. At the time of the Suns ingresse, I finde the Moone in the tenth house seperated from an opposition of Mars; Accidunt rix�, mali rumores, dolores, mortes, effusiones sanguinis, falsa testimonia: Bethem Apho. 37. The Moone seperated from Mars, we heare of brangling, ill rumours, sadnesse, death, the effu_sion of blood, false witnesses; she then applies to a trine aspect of Venus and Jupiter, which in the starry language tels us, that from Christmas untill our Lady day, there will be many hot skirmishes, and much bloodshed in those unseasonable times of the yeare, and principally in the This was ful_filled by the defeat the two brave Knights, Sir Tho_mas Fairfax, and Sir William Brereton gave to the Irish in the North West of this Kingdom. North West parts of this Kingdom.

And these stirring actions may be produced, by reason that Saturne and Mars the 12. of January come to a Quadrate aspect, and Mars and Jupiter on the sixt of February: Now if these Quadrate aspects of the three superiors, do in these dirty times stirre up any hostility or action, what will they do about the latter end of May, in June, and July, when they meet in Conjunction? at those times expect to heare of war, slaughter of men, division, Towns besieged, some ta_ken, some plundered, some relieved, &c.

The precedent aspects being in Cardinall signes, shew the actions of this winter to be greater then may easily be conceived, and of greater This I conceive fulfilled by the ac_cesse of the Scottish Army. concernment then at present we imagine: yet after some stormes the defluction of the Moone from a malignant Planet and as_pect, to a milde fortune by a benigne trine, tels us of a seeming pro_bability or willingnesse to Accomodation of peace I thinke it was in February a Message came of peace..

And yet I cannot finde it more then a likelihood of Unity, for the Proposer hereof, or Proposers, the Articles, propositions or the like, which either are or shall be framed, and are signified by Venus, and Jupiter, who behold the tenth house with trine aspect, which is of love and affection: but I say, for as much as neithe Venus or Ju_piter do behold the ascendant, which hath signification of the publique State.

I frame this Conjecture, that not onely they that shall frame these propositions, but the It was so concei_ved, by many. Articles themselves shall have more in them, which may advance the desires of those signified by Medium Cœli, then the good of the people signified by the ascend.

So that although in February, March, April, an May, and part of June, some Propositions or overtures for a peace or Treaty may be made, yet without a miracle all Treaties end in We have found it too true. smoake and vapour; for it may be feared the Treaty is brought on to protract time, by those that are signified by the tenth house, that wish not well to the government of this Kingdom, they having hopes of for_ces from Ireland in April and May, and from France in July and other seasons, also from Denmarke ayde is expected, and from another Prince of lesser fame and quality, and there_fore not so much mistrusted.

If any beliefe or Credit is to be attributed to Annuall Re_volutions, nothing but We all know what distractions here was with the Independants, &c. division, dissention, bloodshed, mur_ther, backbiting Sir Greenfield and others make this good. treachery, poisoning, distraction, and fraction will be at the Courts of Princes and else where, each one mistrusting one another, many being faulty, and long ere any be discovered, murmuring secretly each at other, so that it may be feared God hath sent downe into our English Court and Common wealth, that de_structive and Martiall Angell, which incited the enemies of God to destroy each other. But let us be sory for what shall ex_actly see and finde true in this kinde, and endeavour an Uni_on amongst our selves.

There are also this yeare two Solar Eclipses, and they of long duration and great, though not visible in our Horizon; yet in a time of generall distemper they will operate and adde fuell to the fire: The first is in the ninteenth degree of Pisces, neare the Cuspe of the fifth house in the Revolution, where Mercury and Cauda draconis are placed: That may point out the continuance of our Domestique troublesome wars by the subtilty, cunning and plotting of a woman, or women rather; Secretaries, slie knaves, witty and well spoken: Magni prestantisq; viri inter_ritum, latrocinia, et rapinas terr� marique promiscuas minitatur: Proclus, it threatens the death or destruction of some eminent per_son, thefts and pillaging in a promiscous manner, as well by Sea as by Land. The second Eclipse is in August, in the ninth degree of Virgo: Calamitosum regis alcujus exitum & stragem ar_guit; famen, pestem, & seditiones mortalium: It argues a Tragicall end and discomfiture of some certaine King, Prince, or great man; and Hunger, Famine, the Plague, sedition or suddaine rising of men, with many miseries I forbeare to relate, cruelty, oppression, inhumanitie of the souldier, and that many Maritime Townes will be in great jeopardie, and sustaine much damage, it points out many sea fights, the death or destruction of some Empresse, Queene, Princesse, noble-woman or the like in our Europeian part of the world. Both the Revolution it selfe and the former Ecclipse acquaint us, that some Embassadour or Embassadours, Agents, Commissioners or the like from forraigne parts will arrive here to negotiate an accomodation, and in conclusion they may be discovered, or it will be doubted and mistrusted, they deale not so candidly as may or might be expected: Here have since arri_ved some Embassa_dours. And indeed I find this will be a yeare of discoverie of friends from foes; as well at Court as in Common-wealth; a full discovery will be made of one eminent per_son at Court, and perhaps of an other some where else, that is a starke knave or knaves to the poore kingdome of England: Is not Mercurie Lord of the 11&thsup;. and an assistant to his Majestie at Court: and is not he dissembler enough and traitor besides that hath his significator with cauda draconis. I cannot say this is the man, or these the very men, but I say the most mischievous of all is such a man; one that hath formerly been imployed as Agent, Negotiator, Commissioner, Secretarie, or Embassa_dour, and is of stature pretty tall, of a swarty, sallow or Sun-burnt comp_lexion, a thin visage and ill countenance, but of a deepe and pestilent un_derstanding, he is not fluent in his speech, but covetous and envious, &c. But sith Mercurie is with Cauda Draconis, and in a double bodied signe, he may represent more then one, or many, one whereof may be a seeming Saint, though really an arch Atheist, one of high stature, big joynted, a_ged, and yet not much more or less then sixty, one of much outward so_brietie and gravitie, &c. It doth appeare by the trine aspect which Venus and Jupiter and Saturne have to the medium Cœli, and the existence of the Moone in the tenth, that those parties signified by the 10&thsup; house may expect in these their affairs the assistance of three or foure Kings or States, or ayde of men, ammunition and money from so many Countries; but I find not that those forces shall opportunely serve their occasions, or much improve their undertakings, for let us consider both Jupiter and Venus are cadent, and neither of them so dignified; that is so flush, as to spare such considerable supplies as may effect the thing intended; I shall speake more of this in the sequell. Doe not I evidently see, and may not a mode_rate Astrologer perceive, that their owne domestike servants shall betray them at home, and their correspondents abroad deceive them and falsifie their promises; is not Mercurie their significator peregrine, in detriment and in no support of any planetary aspect. Every Prince or State that intermeddles will be full of feare and suspition, that in assisting such persons as are signified by the M:Cœli, they may plucke an old house over their heads, viz. they may unhappily give libertie to their own subjects to rise in Armes for their just priviledges: But the reason of this judgement is drawne from that Apho. of Cardane in Seg. 2. 187. Conjunctionis lo_cum revolutionem pr�cedentis, quo in loco ab ascendente fuerit revolutio_nis annis considera, nam magna evenient juxta domus naturam. Consi_der the place of the new Moone preceding the Annuall Revolution, and also in what place of heaven it is in from the ascendant, for great matters shall come to passe according to the nature of that house. The Conjun_ction preceding the Revolution is in the degree neare Mercurie in our Scheame, and he was Lord of the Regall house at time of the conjunction: The Ecclipse it selfe was partly in the seventh house, retarding it's effects the longer, that is, untill May, June and July; but will it end in July? Oh no: then, &c. The position of the Moone in the 10&thsup; house in con_junction with Cor leonis, doth assure us that the greatest State actions of Europe this yeare will be mannaged by a woman or women, or men of feminine deportment and spirit, but as both Venus is peregrine and ca_dent, and the Moone is afflicted by Mars, out of the 4&thsup; house, and a signe fixed; so either sicknesse, or some casuall accident, afright or amaze_ment, or vengeance from heaven, may prosecute her or them to their graves, and so cause them to finish their dayes in a miserable condition: These women are in part described, one of a haughty masculine spirit and courage, tall and fleshie, fat and faire, of flaxen haire, &c. this is presented by the Moone; The second signified by Venus in Ariete should give the complexion to be browne and ruddie, somewhat obscure, be_cause under the earth, of middle stature, excellent spirit and temper, crosse and wilfull, of a sad browne haire, sickly, because Venus is in de_triment and in 6� decaying in name and fame, because the Sun affords no aspect unto her &c. The third should be signified by Jupiter, or her con_ditions at least, though he is masculine: A Ladie of goodly proportion clouded in the world, for Jupiter is departing out of Aries into Taurus, where he hath little dignitie, she is freckle faced, and some blemish in one of her fore-teeth, or impediment in her breath, perhaps it stinkes. But now againe I find Mars is absolutely (Dominus Anni) the Moone doth participate, because of her strength and locall being in the tenth house. The signe of Scorpio represents the Commonaltie or vulgar people, Mars and the Moone their Superiours, Governours, Commanders, or better sorts of people. Mars and the Moone are in opposition and in fixed signes, how much doe I feare discord and division in May, June or July, these Planets fore-shew some such thing; God grant no distractions may ever ap_peare amongst them: More might be said.

This yeare the Sun properly and naturally, doth signifie Soveraignty, Royaltie, Monarches and Monarchies, and in effect all the Kings or the principall Rulers of Europe; for the signe ascending being of long ascensions, we shall scarce find any other ascendant or culminating signe then what we have alreadie in our owne Horizon, though we reduce the Suns ingresse to almost any latitude in Europe. It is true the Moone acciden_tally hath some signification of majestie. Esse Regum � Sole, Saturno, & Planeta existente in decima. Hermes. Apho. xxiij. Take the signification of Kings or Princes from the Sun, Saturne, and the planet casually posi_ted in the 10&thsup; house. Yet Mars is absolutely strongest for all the yeare, some moneths excepted, words of some concernement, if rightly appre_hended, else not to be expounded. But let us make use of our scheame and collect the judgement of our Authors, Aspicies si decima domus fue_rit Leo, & utrum tunc Mars aspicit Solem vel decimam, vel si fuerint Sol & Mars corporaliter juncti, tunc inquit timetur interfectio Regis sive Principis cujusdam illo in anno, & si vis scire unde, vide in qua domo Mars est, & ab illa domo est causa sceleris. Guido. fol. 522. See if the 10&thsup; house be the signe of Leo, and if Mars behold either the house, or be in conjunction with the Sun, if such a thing or aspect happen, it may be doubted a King or certaine potent Prince will be in danger of killing that yeare; if you will know from whom; see in what house Mars is, and require the cause from thence, &c. Mars is now in the 4&thsup;, Acci_det ergo h�c illi ab a_liquo qui veniet etra terram, viz. this mischiefe shall chance to the King or Prince or great person from one borne in another Country: A good Caveat to Princes must entrust no forraigners with the safeguard of their persons and bodies, the judge_ment would stretch further, that they arme no forraigne borne Prince for feare of deceit and treacherie: Accidit in puncto quod non speratur in anno: A mischiefe soone happens, when it's effected, no bodie is willing to owne the perpetration. The judgement is not improbable nor what followes immediately grounded upon great reason in Art, because the Sun is going to the conjunction of Saturne; Accidet regi cuidam angustia timebitur�, ne ----- Rex illo in anno; Guido. fol. 522 Ex_treme griefe of mind shall infinitely oppresse a Prince this yeare, and it may be doubted some mischiefe may befall the said Prince. He that knows how to apply the rules of Art to judgement, may frame a shreud supposition, let him consider what Saturne is naturally, what house he is Lord of, and in what house he is posited. The truth is, either a Ladie, Embassadour, or great Commander shall wonderfully torment som Europeian Prince; or with their Councels united shall bring abundance of reluctancy to some person of Regall discent: Some ill newes may come to those Princes that have children, concerning either the death, sicknesse, or some dire accident to one or more of them; the same that I say to Kings, Princes or Dukes, I say to Earles and other great Gentlemen, in a time of generall infelicity, what eyes hath the bullet of a musket or Cannon, or the edge of a cutting sharpe sword. I must ingeniously con_fesse the positure of heaven is averse to Monarchy, nor doth it flatter the Commonalty: both shall suffer and smart: a happie peace were much to be desired, for si Mars in revolutione Anni in Angulo, & aspexerit ascen_dens, significat sanguinem, & gravius, & in omni terra in cujus signo fuerit ejus lumen, vel oppositio vel quartus aspectus: Guido. fol. 521. If Mars in the revolution of a yeare be in an angle, he signifies bloud shed and to purpose, and in e_very countrey to which he casteth his quadrate or opposite aspect, or to the country subject to the signe he possesseth at that moment of the revolu_tion. If this prove true, my judgement must faile, if Italy this yeare be not in some broyles, Valachia magna, Muscovia, Transilvania, Swethland, Westphalia, Bavaria, Piemont, some countries that lie neare the Alpes, Apulia, Gallia togata; some part of Greece and Turkie, Polonia magna, Lorraine, a great part of Germanie, Ireland, although Iupiter passe through Taurus; France will hardly be excused, or Denmarke stand for a cypher: A proper goodly Noble-man of red or flaxen haire will vex or disturbe the North or North-west or West of Scotland, and perhaps some others the South. I heare some such thing hath hapned. But those active gallants must beware: I meddle not with Portingall whose King I much honour; he's like to keepe what he hath: Nor with some Cities of Holland and Zealand, who may perhaps have cause to murmurre ere the Sunne againe returne to Aries, 1645. I write cordially, I will flatter no Nation or people: what art informes I must write; I say there will be fraction and faction, not onely and altoge_ther at or in the Courts of Princes, but in their countries and dominions amongst their Subjects and meaner people: Rome and Venice looke to it carefully, is there no treason hatching against you, no private counsell to plunge both cities in warre, either this Pope Barbarino, or some mag_nificent Clergy-man will be in danger of death this yeare; why not made away in a tumult or strangled. Let not the Aurangian Family thinke it selfe excluded this yeare, from perturbation, mistrust, jealousie; if from further mischiefe. Guido. fol. 552. Catalonia and Norway are subject to Scorpie, er_go, &c. Si Mars fuerit corporaliter junctus Saturno (as the last day of May you may find them) significat diminutionem status divitum ac mag_natum & mal� se habebunt invicem cives illius Regionis, & pauca erit inter eos pietas & misericordia. Guido. fol. 552. When in a yeare you find Mars corporally joy_ned to Saturne, the wealth of the Nobilitie and of great persons is ex_treamely impoverished, the Citizens generally of the Region have much adoe, small is the charity or mercie which men use one towards another: Si Mars sit junctus Saturno, significat bellum & effusionem san_guinis, & multitudinem febrium, & etiam quartanas febres, & pestilentias in partibus orientalibus & significat juvenes & quod cadet inter divites & magnates Guerr� atq mutua interfectio ex ferro. If Mars be joyned to Sa_turne, he premonisheth of Warrs to ensue, and the effusion of Christian bloud, many violent Feavers of all kinds, quartan Agues, pestilence in the East-parts, and that the Nobilitie and great men of Gentry shall fall at division amongst themselves, and one kill or destroy another: When could these rules have been more aptly applyed, then in these distempe_red times; the cause or provocation which now incites to kill, was for_merly in a time of peace concluded in wrangling words, in this sence un_derstand me.

Mars in revolutione in signo aerio significat injurias, So saith Messahalah lib.1. cap. 45. Mars in the revolution of a yeare in an aery signe fore_shews injury oppression and tyranny: which is confirmed by Hispalen_sis, Mars in signo human� figur� erunt bella, sanguinis effusiones, mortes ense vel igne; Mars as now posited, doth portend shedding of blood by sword and fire &c. The reason hereof I conceive to bee, because aery signes pro_duce words and winde, which usually provoke men to further quarrell. There are some conceive and that rationally that Saturnus being Lord of the third and combust, doth stirr up a multitude of theeves and high-way robbers. Intrabit districtio et Angustia super nobiles; Guido. fol. 555. Distresse, sorrow, and anguish of mind shall terrifie the Nobilitie and Gentry of this and other Kingdomes. So many Axiomes and Aphorismes of the learned against the Gentry and Nobility, doth seeme exceedingly to stirr up many affli_ctions unto them in their estates, fortunes and persons; Caution is good; wee can never bee too wise, especially in a troublesome time. Be things as they may, Si Saturnus fuerit in quinta, significat abortivos illo in anno plus solito, et detrimentum filiorum, et contentiones cum legatis, et nuntiis, et quod ipsi non bene perficient quod sua interest. Guido. Fol.562.

Saturne in the fift house causeth more abortives then usually have been, the destructions of many mens sons or children, much tergiversation with Embassadours and forraigne Agents, and that they performe not what may bee expected from them: Let our State see to this if any Em_bassadours come over unto us this yeare, and let people be carefull of their children, and midwives of women in travell. The more I behold the heavens, the greater mischiefe do I feare; but knowing God can in a mo_ment reconcile us, I am more sparing in Art; yet let none take it ill I predict what I do upon the positive rules thereof. But sith Saturnus and Mars come the first time to a meeting since the ninth lesser Conjunction of Saturne and Iupiter, 1642/3. now in this present yeare, and in the sixt house of heaven, here may be some especiall notice taken of it, for accor_ding to the immediate action depending on this little or lesser This conjunction is the last day of May. Conjun_ction, you shall, I say, see wonderfull alterations to succeede; Some would imagine, because it fals in the sixt house, that it should signifie ex_treme sicknesses, much destruction to mankinde, &c. without good consi_deration, it may puzzle an easie judgement: my opinion is thus, that as both Iupiter and Venus in figura Mundi were by place in the sixt house, so their benevolent presence may and will diminish the malitious influence of the two infortunes, especially if that Aphorisme be true, Quicquid ligat Saturnus, solvit Iupiter; quicquid ligat Mars, solvit Venus: Almans. prop. 36. Iupiter cures where Saturne hurts, and Venus where Mars; and this is true in any ma_gicall naturall conclusion.

It is true, the Conjunction succeedes the Worlds figure, and yet I con_ceive it shall produce no such plague or fearefull diseases as some have dreamed; it may produce great weaknesse in peoples fights; the head-ach more then ordinary, and stoppings at the brest, and much slimy fleagme in the throat, but that it should shew a sicknesse, I meane a plague general_ly, I cannot fore-see: for Mars being in his owne house, hath great domi_nion of Saturne, and if we beleeve Almansor proposit 7�. The conjunction of these two planets, doth cause suddaine stormes, hail, thunder, tempests, &c. Quando du� con_junguntur infortun�, sit ex eis fortuna perfecta. The Conjunction of the two infortunes, becomes a fortune. It must be warily understood, some evill they will doe, but not so much as otherwayes they would, had neither of them been well dignified. But because Aries is a beastiall signe, and the Conjunction is in the sixth House, I conceive it imports much stirring and preparation to Action in a Military way; and causeth the Souldier to desire fight and service, and for that Mars is Lord of the ascendant in figu_ra Mundi, and Saturne of the fourth, which signifieth Townes, Castles, Forts, &c. neare upon the time of the Conjunction or in Iune. A Towne will be taken by those that had Mars their significators in the worlds fi_gure, &c. it tels us of detriment, hinderance, losse, consumption and de_struction of foure-footed beasts, both greater and smaller, and especially of those are most usefull for man, as the Oxe, the Horse, Cow, Asse, the Hog, Sheepe, Deere, Conny, &c. it threatens mens servants male and female, young and old. By which it appeares how great losse and dammage the industrious Countrey-Farmer and Husbandman shall sustaine, by loosing, and the taking away of such goods and servants as are most usefull for him. But shall the Countrey Farmer, or day-labourer loose all, it is said by some, that Iupiter in Ariete, &c. threatens and points out Nobles, Judges, Lawyers, Gentlemen, Bishops, Deanes, Clergy-men in generall, Doctors, Proctors, Atturneyes, Phisitions, Surgeons, some Commanders in Chiefe, of all sorts of men and Citizens some, or many of every kinde shall partici_pate in this generall losse, either in their persons or fortunes, and of this let every Reader be sure, &c. In many parts of this Kingdome it shall come to passe one neighbour shall be very carefull to preserve somewhat for another, but it shall so fall out, he that indeavours preservation for his neighbour shall in the meane time runne the hazard of loosing his owne, so much oppression and inhumanity shall in probability fall upon us this yeare. Video paucitatem substantiarum & curiositatis inter magnates; Guido. fol. 565. I judge the Nobility and Gentry shall not be so flush of money as to buy bables and trifles: the pressing Calamities of this yeare may be so extreme, God grant them money to furnish themselves with bread and necessary Conve_niences: Let Punctillos alone. These Arabicall Conclusions may this yeare be well verified, the times considered; for sith all the Angles are fixed, and the Moone and Mars strong in Angles, the Chel� in the ascendant, and Cor Leonis in the tenth, the Sun impedited of Saturnus; Iupiter and Venus weake and cadent; I see no probability of concluding any peace this yeare; I am of opinion there will be strong action and warre all this whole yeare, and that there will be fighting enough and too much. Let me be pardoned: feci: I assure you there's a mysterie, who is he can tell it? But Astrologers use to say, when Mars is in the fourth house, and in a house of Saturnus, Significat exspoliationem mortuorum positorum in sepulchris & suffossionem parietum & ablationem aliarum rerum per modum latrocinii; sig_nificat exercitium hominum in lucrando & extorquendo pecuniam undecung, poterunt per modum dominationis non licit�, per falsas attestationes, & per ver_ba malitiosa, & patientur homines pericula & tribulationes. Guido. fol. 570. viz. we may justly feare in this ensuing yeare, the robbing, spoiling and defacing of the sepulchers or monuments of the deceased, the undermining and breaking or demolishing of stone wals and buildings; the unruly taking away of other mens goods by way of filching, theevery and shirking, we also fore_see a kind of trade amongst men in getting and extorting moneys per fas & nefas, after a domineering fashion or commanding way altogether il_legall, by false informations and suggestions of evill words, by which meanes men shall suffer infinite dammage, tribulation, and other personall afflictions, &c. If Mars be in the fourth house, much death followes by sword and sicknesse, and these beginnings may be or begin in the North and end in the South; & hoc crede mihi est vald� timendum. Nor shall the South West and West escape without plenty of bloudshed, poverty, and plundering, &c. Guido. fol. 573. Crede. Si Mars fuerit in Aquario (as he now is) significat gravitates atq tribulationes venturas hominibus, & abundabunt nives, & plu_vi�, & frigus in suo tempore, sive suis temporibus, & minuetur Annona & vi_num atq butyrum in partibus occidentalibus, & in terra qu� dicitur negotiato_rum, & significat mortem sive mutationem regis sive dominatoris illius regionis in qua tu revolveris annum. If Mars be in Aquarius, he portends grie_vous afflictions and tribulations shall come upon men, and that snow, raine and cold shall abound in their seasons, there shall be great scarcitie of pro_vision for man and beast, as also of Butter and the like in those Westerne parts from whence it was formerly transported by the Merchant; either the death of the King of that Countrey where you set that revolution is to be feared, or some mutation of principall Governour; we have now ma_ny severall Governours, let there be a change of twenty, so that God blesse our Soveraigne Charles King of England, which I hope he will, and indeed the Arabians, whose words these are, had in every their severall Countries a petty King, so that the words might almost annually be fulfilled amongst them, or once in three yeares; but I see not how it can have re_lation to our Kings in Europe in the strictnesse of the letter: it may threa_ten some casualty in my opinion, or some suddaine amasement or fright to some Europeian King, Prince, or the like, &c. There will be a sensible al_teration in many mens estates by reason of their children; let it be under_stood rightly, and the Sun shall not the second time run into or thorough Aries ere children and kindred act their parts and that to purpose, &c. and in truth the Sun in the fifth impedited of Saturne sheweth this. I must now fall upon a necessary people signified to the world by Mercury, who represents Secretaries, Scribes and Clerks of all sorts (& � consiliis regum) as also Messengers, Agents, Trumpetters, but above all Accomptants, Trea_surers, Receivers of money publike and private, but whether any of these be really honest, I matter not; there are many of these shall receive this yeare a just sentence for their cozening, cheating, and corrupt accounts, and for shirking the Common-wealth and State. Above all observe that Mercury is in the house of Iupiter, this tels me a spade is a spade, viz. that the This I mean of those that under pretence of Religion, get fat places, but have no honesty to use them, whereby the State suffers. greatest Professour makes not alwayes the truest accounts: Me thinkes I see them in Iuly, August, September, and October quake, and pray that God might send some Angell to take their accounts. Let me prophetical_ly tell these Accomptants, our State will narrowly sift out their knavery, though most cunningly under the vaile of Religion they would shuffle off all calling to question, untill doomes day: As long as ye live trust none of those that prolong time: Latet anguis in herba: I love the honest man but hate the knave. Had not the Starres given me tongue and judgement, I had been silent. Altercationes verborum toto hoc anno inter homines plus solito. Guido. More words jangling and wrangling then matter all this whole yeare, but to little purpose, unlesse to prolong our disturbances, which as yet are not come to their height.

But let us come neerer home, and I hope without offence, seeing I finde the Moone in the tenth house neare Conjunction of the noble Star Basi_licus in Tryne to Iupiter and Venus, I do collect Astrologically that those signified by the tenth house, by their Agents or Embassadours shall obtain assistance and supply from some Countries lying Eastward and South_ward, and also from other parts, I meane, beyond the Sea: But if my judgement be not muddy, Some say that the va_liant Swanley hath ef_fected part of this upon the Irish. Mars who re_presents the Commonalty, their Officers, Sea-men, Ships, &c. being in opposition to the Moone, who represents the ships that shall transport that assistance, I say its probable, the Publique Ships or Souldiers belonging to the Common-wealth shall meet with part of the Ammunition, men, and money, and either sinke or take them; perhaps ship-wrack may cast away some, &c.

Questionlesse, because Iupiter and Venus do both behold the Moon in the tenth house, and the Mid-heaven it selfe; Divers States, Kings, or Prin_ces, and Princesses (because of the Moone in the tenth) living East and South from London will endeavour an Assistance all they can. But all their significators the Moone excepted are ill placed, whereby it may be knowne some would, but cannot; others will casually finde impediment, so that few will performe so much assistance as is and will be requisite for the enterprise in hand; and yet aide will come, for the Moone will performe it.

Here's much matter to be performed this yeare, its no sleepie or drowsie time; Cum Luna in nocte fuerit in decima, significat effectum rerum ex par_te regis & mulierum, & erit hoc cit�, sed res in utrisq temporibus non erit du_rabilis. Guido. fol. 388. When the Moone by night is in the tenth house, Kings shall have their desires performed by the sollicitation of women, and that suddenly, but what they act either by day or night, shall be of no continuance; From which it may be collected, that the Queens or great Ladies or Eu_rope shall mannage the most materiall affaires of this yeare, and lend or send support to those whom they thinke are wanting thereof. But as the mindes of men are variable, I feare many shall finde the Resolutions of great Ladies this yeare more mutable.

What shall I say, its probable that in Iune, Iuly, or August, men, am_munition, or money may seasonably come to those that want it. Every planet hath some signification in one kinde or other, so hath the Dragons head and taile, though they are no planets but Nodes. Caput in Virgine, destructionem messium & c�terarum frugum, & paucitatem omnium verum qu� metuntur, & casum vermium in arboribus & destructionem eorum qu� remanserint � prima destructione, etiam postquam fuerint reposita in locis in quibus credentur salvari sive custodiri. Guido. fol. 590. Caput in an Annuall revolution in Virgine tels us of the destruction of our harvest and others fruits, and much scarcitie of such commodities as are sold by measure, that Vermine and Caterpillers shall consume our fruits and abound on the trees, and what the Caterpiller leaves at one time, another sort of destructive creature will spoile at another: as also the losse, spoiling and wast of that corne, fruit or other graine which men have stored up in such places as formerly gave safety to their Commodities; so that little securitie is likely to be in our Chambers for houshold-stuffe or goods, as little in our barnes for our corn, and the like uncertainty in our Store-houses for necessary provision, or in our ware-houses for fruit and other Commodities. Cauda draconis saith, the souldier shall extend his power and rule over his Prince or Comman_der, and that many gallant and brave fellowes called Gentlemen and No_blemen will shift their habitations and dwellings to avoide the sentence and punishment due unto them for offences committed, and especially for feare of imprisonment, which they extremely desire to avoide: there will be also much babling, many provocations and words to stirre up new Sects and Ceremonies in Religion, so that it seemes here will be worke enough; generally Cauda draconis in the fift, Tristabuntur homines causa filiorum, & quod portabunt homines sua vestimenta vetera. Guido, fol. 595. Men shall be extremely perplexed for losse of their sons and children, and many men shall be so put to it, they will be inforced to runne away with old clothes; Let me not live if Guido was not in this a very Prophet, for omitting the impoverishment of many by the Souldier, very many be_sides by reason of infinite taxes and pressures have made no new Clothes a long time, if it happen these to run, they must necessarily trudge with old clothes. Bella excitat Mars si fuerit in Revolutione anni in Angulo fi_gur� Cœli quocunque. Leupoldus, lib. 5. de Revo. Mars in any Angle in figu_ra Mundi, or yeares Revolution, excites mens mindes to war and conten_tion; you must understand, if in a time of peace he be so posited, he pro_vokes men to much law suit, the Nobility to private Duels, the Gentry to envie and siding one against another: the Countrey Farmer to many un_just molestations, one towne against another: For as raine in Summer though it descend in good quantity, doth not then by reason of the drinesse of the ground, presently cause a floud; so neither in a peaceable time doth Mars operate more then I have said, but now in an outragious time and of warre it selfe, we must take the words literally; But if the same Au_thour speake truth, Victor erit, &c. He shall be Victor or overcome, who, &c. Si Saturnus fuerit vel in quadrato, oppositione vel conjunctione Solis, Regibus significat damna & infirmitates qu� accident in hominibus & in sub_stantiis eorum, sed si Mars fuerit in quarto & humano signo, accidet in homi_nibus effusiones multi sanguinis & litium, & bellorum, & erit generale, & erit fortius in fine Anni. Haly, 362. fol. If Saturne be either in Conjunction, square or opposition to the Sun, he demonstrates much sufferings unto Kings or great Princes in their fortune and worldly estate, but if Mars be in the fourth, and in a humane signe, there will happen to men much slaughter, many warres and controversies, and these calamities or misfor_tunes shall be generall, and most forcible towards the latter end of the yeare. What Part of England this present sixth of January, 1644. is free or cleare from one oppression or other, ere the latter end of the yeare, my heart trembles to thinke what shall happen in the West parts of this Kingdome; for as Mars in Geminis the last yeare afflicted that Country and Confines, so doe I much more feare him this yeare by reason of his positure in Aquarius, so that I doubt he may oppresse their maritime or Sea-Townes to purpose, their fertile grounds and pleasant meadowes. The Souldier will devoure and consume their stately houses and principall Palaces, fire, warre, and the Canon may exspoliate, &c. Let us looke to Dunkirke, and it to its selfe: yet let us not slight those English coasts that lye towards the coasts of Normandy: Its not probable any Army shall en_ter the East and South-East parts of this Kingdome, though at severall times such a thing may be endevoured. Those counties beyond Trent where the Elevation of the Pole is more than 54. are like to be the Ten_nis-ball of fortune harbouring both friends and enemies at one time, yet at length, if division hinder not, the enemy is beaten into a narrow compasse. August will informe you more, September and October very much; Iune and Iuly will have plentifull action, &c. If no Authours had charactered this yeare for such a blacke one, my own experience, though but small, would have made me doubt some terrible fate to be neer approaching. For upon perusall of many of my friends Nativities, and upon examination of their Hylegiacall places, I have found most of their Significators to have uncom_fortable Promittors in one kind or other, intimating either danger, death, or destruction to their persons, or dammage to their estates and fortunes, all which could not be, if we did not already, and must further suffer un_der the generall fate now impending over England.

And indeed our sufferings are more sharp and terrible by reason the ascendant of this years revolution is neare the degree of the Comet in 1618 whose operation is now strongly in full force over all England, and is wandring towards the more Northerne Clymates, viz. Scotland, Denmarke, Sweden, Polonia, Russia, &c. but because in my Astrologicall Discourse of the effects of that conjunction of Saturne and Iupiter 1642/3, I am copious, I forbeare further mention. The ascendant of this yeares re_volution is the signe culminating at time of that conjunction; it is also the ascendant, when Saturne and Mars meet 31. May: by all which we are forewarned in the heavenly language, how great, how many, how terrible and variable the acts and warres of this yeare shall be: But shall we only suffer, or have the sword onely drawne in our Kingdome? Oh Germanie, Germanie, looke to thy selfe and confines, neighbours and friends in Iuly, August, or September. Be not too confident thou popu_lous France, somewhat is neare thee, &c. Spaine tremble, yet halfe an age, thou hast many enemies; few are thy friends, ten moneths hence, Transilvania will rise and Hungaria fight. The Polonian may goe neare to spoile his quiet and happinesse, &c.

But many will wonder I am so extravagant, or why this yeare I speak so much of warre. I find Mars is Lord of the yeare, Ergo ex intemperato Martis ardore, ac rubrabilis cui pr�st, vehementi commotione in animis ho_minum excitantur intemperat� scilicet commotiones, quas incomposit� quoque a_ctiones, violentique inconsiderati sequuntur affectus, unde ira, temeritas, &c. and all those doubts and feares which so much oppresse us, and ter_rifie the fancies of people at this time, so that we cannot believe one ano_ther, be the matter projected never so reall. The North-west parts and North-East quarters of this kingdome shall infinitely suffer by our combu_stions this yeare; in those Countries and in the West, there may be many a fight. But if I understand the Scituation of England aright, the most e_minent and materiall grand action or fight may happen not much above 20.miles from Coventry; and yet I confesse there's probability that neare to the City of Bath in the West of England, there may be a mortall com_bate and a pitch field fought, greatly to the disadvantage of the looser: there's also many other Towns in the West where, and neare unto which places there will be some hot and memorable service. He that carries the day in the first fight, and prosecutes the victorie wisely in the second fight, he I say may say and sing, Actum est; for he may obtaine a Lawrell Gar_land, &c. Monethly Observations.

Let us heedfully observe what followeth after the conjunction of the Sunne and Saturne the 10&thsup; of March.

Verified. Sir Iohn Meldram at Newarke upon Trent, upon the 21. had his defeate: The 29. the honourable Sir William Waller and Sir William Belfore, that resolute brave man, beate the Hoptonians.

Observe the Conjunction of the Sunne and Iupiter the 17. of April, and the actions of the 23,25,26. April.

Her Majestie went from Oxford towards Bristol or Exceter the same day; Verified. and that day newes came to London of the Parliaments forces their victorie at Selby; about the 25. of April: Sir Iohn Gell beate Goring in Derbishire. About the 20. day the Scottish Armie and the Lord Fairfax that brave Lord met.

Aprill. If our Armies be neare there will be blowes, or some rascall Irish will land to fight for his Majestie, and the Protestant cause: Some Popish as_sistance or men, ammunition or mony may come by sea for his Majestie, &c. Irish keepe at home, unlesse you can swallow a Cannon or wade o_ver the Sea.

I am informed certainly that divers Irish have landed this month, whe_ther any ammunition have come, I have not heard, or whether such a destinie follow the Irish; time will manifest. Verified.

May. In May we have various newes, some good, some bad, report that a great woman is dead: about the middle some overtures, or propositions for peace, or Embassadours, &c. Observe who is in danger the latter end of May upon the conjunction of Saturne and Mars 31. at what time our Armies will be neare the enemie and they us; let the publike Armie take heed of treacherie, mutinie and false information of some Country pea_sant: Ladies begin to be fearefull after the square of Saturne and Venus, the sextill of Sol and Saturne, some great person goes to looke after his wife. Whether the Ladyes at Oxford were not frighted u_pon his Ex_cellencyes approach_ing to Ox_ford iudge. The renow_ned Massy hath been this moneth in many skirmishes: I am per_swaded ma_ny in Oxford would. I feare there will be many skirmishes this moneth towards the latter end thereof; let us not be terrified with the first newes, the second may prove better: Oh division and distraction: Some are good for nothing else: Gentlemen and Nobles shift your habi_tations.

Iune. Iune begins with sad newes to some bodie and broken heads: 4&thsup; day an opposition of the Moone to Saturne and Mars, and the quadrature of Saturne and Mercurie, will prove unluckie, opening the way to much mischiefe, fighting and action; some accomptants or publicke Receivers would faine shuffle and protract time, and it brings newes out from the North not very good; presently after comfortable newes. Lancashires ill fortune at Bolton makes this good. A King loo_seth a friend, presently after another State have a losse; some treacherous men or letters are taken or discovered: Some Ammunition or men com_ming for England may be met with; perhaps feare of a plot: God blesse the London Army; more aide comes: the latter part of Iune hath action where Armies are neare; Some Army may move Southward, and a ge_nerall or principall Commander is either taken prisoner, or in danger, if his horse trot not or be slaine.

Iuly. The first weeke in Iuly may prove bloudie enough, and fatall to some great Officer; some more Irish will be jogging for England: A great person fals sick, &c. What comes from the East, and who moves East_ward. Many flying reports of some skirmishing at sea, and aboundance of lying newes in London. Some missives, or thoughts or talke of peace, Iuly 26. there's a conjunction of Iupiter and Mars, neare the degree of the 8. house of the figure of the world It portends much slaughter and bloudshed.. The Irish may curse their com_ming; some Agent or Embassadours for treatie. Sudden Commotions, mutinies and many brave Gallants slaine as well noble as others: Judges and Lawyers have ill successe: the precedent conjunction fore-tels a bat_tell or fight; God prevent it: if private division hurt not all is well: the Sextill of the Sunne and Iupiter promiseth assistance from Ireland; and it is the tryne of Iupiter and Venus that moves for some treatie, either by Embassadours or others. As strange newes from forraigne parts, and yet it comforts many.

August. The beginning of August is full of frights, fights and amazements, they now may meet that have not a great while; Saturne is Retrograde; Planeta Retrogradus est, ut vir infirmus, stupefactus, sollicitus, Bethem. Aph.2. A Retro_grade planet is like a man infirm, amazed carefull; our English Proverb ex_presseth the words excellently. A man as it were frighted out of his wits: Some bodie growes worse and worse, now some get Townes, Castles and forts, other doe loose whole Countries, 11th day, Iupiter enters Gemini, and the 12th day the Sun and Iupiter meet by quadrate; as the one shewes good to the City of London in my judgement, so the aspect either captives or kils some Commander, A galloping nagge is better then no horse at all. 17. day Venus she is Retrograde, this Retrogradation is a thing against nature; some great Ladie mistrusts her health and safety: an opportune time to question money receivers: good newes is welcome: the barbarous Irish may smart: Ecclipse of the Sun the 21&thsup; day. Some young Commanders must either die or be taken: I wish unitie in the Citie ever. 31. Aug. a square of Mars and the Sun; the Moone carries the light to Saturne: Now motion in the West: A man or a Mouse: more blowes, and Townes surrendred. A fight is likely to be neare some Citie or Towne. God blesse Kings and Princes, Generals of Armies; we may heare some ill newes or messages, who is in danger latter end of August or September.

September. September 8th day, Jupiter becomes Retrograde, Nobles and Gentlemen, some Clergie and Lawyers disperse themselves, and find out new places or habitations, we heare some bodie dies or flies; some manner of sicknesse breakes out (not much of the plague) a kind of unknowne dis_ease, lying in the head, eyes, and stomach or brest, women are still crost and vext: there's opposition of Saturne and Mercurie 14. day: much dammage to the Country Farmer in his cattle, corne and commoditie: the Plunderers rove up and downe: if they be questioned (I mean) the pub_like and private Receivers, they will be found guiltie; be sure to looke to the old; goe to the root, feare not: falsenesse in Clarkes and Secretaries, some private letters opened: an old knave and a fox is found out. The month shews much stirring and action, fighting enough, if not set field. Where fights are, men loose their lives, some shipwracke or strange gales of wind: opposition of Sunne and Saturne, some wicked designe against England: strange weather, all in extreames: and more losse to the Far_mer in the West: Venus is direct; and Mars enters Cancer about 27. day: A good gale of wind, and God blesse us.

October. The first full Moone in October opens the passage to the last grand op_position of Sol and Saturne: our misery continues: without Gods mer_cies our sorrowes increase; our men fight some private dissention: Are the Welch mad: I hope no division in Scotland or betwixt us: Let us love, we live; disjoint, both are undone. 8. day Jupiter he enters Taurus by Retrogradation; the Irish mutter, and perhaps are frighted: the tryne of Jupiter and Venus seeme to intend some hopes of accomodation, if not exchange of prisoners: We may feare an Hericano about 27. or 28. Octo. A new Moone in Octo. may endanger some peoples lives at sea, and do mis_chiefe at land, Tempus periculosum: will not the actions of this new Moone be fatall, it should; it's in the degree ascendant of the yeare, 29. Mars is running madd and must be Retrograde; theeves and high-way men good store; and men run from one place to another: Do not Plunder_kins breake into Scotland.

November I like not November, what strange weather here is: and yet we cannot be at rest: here's probability that many great persons shall suffer, but whe_ther death or losse of limmes and goods, God onely knows: Men are cal_led to account; Justice must now be done, and rich or poore must answer at the barre of Justice: Some may loose their heads upon opposition of Sol and Jupiter: Great Ladies suffer in health: Mercurie affords variety of false newes, 23. Novemb. or thereabouts. The many aspects of the Pla_nets and they i l, shew some extreame treason, treachery or the like, and some sea towne obtained or surrendred by falsenesse: many blowes where parties are neare, and many men drowned.

December. God be mercifull unto this moneth: upon the opposition of Mars and the Sunne; aboundance of ill weather, and some person or other, soul_dier or great man may breake his thigh, or his right arme: Many Mercu_rian Scribes and money Receivers may be still found out and punished; here's old slashing by fits. ---- The yeare ends not our troubles without Gods great mercie. Will there not be much sea fighting this yeare? Who may run away in September or October? What man or City is frighted in December? --- Neare to the times limited by me will the most memorable accidents of this yeare happen, almost a miraculous accident, greater then hath hapned this many a yeare, will either happen in the end of this or beginning of the next. I have been sparing to write any thing of the West of England, the unluckie surrender of Bristol having prolonged our troubles: but as it was unfortunately lost, so it may as opportunely be recovered by a more noble hand: Nor doe I meddle with a principall City or Town that will be in danger of firing; or with some others to be sieged, taken and plun_dered: I pretermit many judgements which might have set out this dis_course, I conclude the whole in few words.

A troubled and divided Court:

An afflicted Kingdome.

A City neare a great plague, yet doe I not find out this to be a yeare of much plague in London; there are many Cities and Townes may precede us in this misfortune, We hasten and make easie passage.

I leave, for I must not.

France may find worke at home: an opportunity is expected.

Scotland must scuffle; matters are not ripe.

Spaine and the noble Austrian Family are sinking, but not totally.

The united Provinces had need of good advice, &c.

Italy will have much adoe to make up breaches.

The Hungarians and Transilvanians will rise in Armes.

Poland may feare, and expect the Tartar.

Russia Wologda will be engaged.

The Swede will have both hands full.

Denmarke, it seemes may remember Tychos prediction.

Ireland will fall into discontent: and Wales will unwillingly be drawne to farther service. Poore Wales.

This is all I have thought fit to commit to print, for this yeare, 1644. here's lesse then I could have delivered, more I durst not, the key is easily found by the judicious: it's no more mine but the worlds, to which I commit it.

FINIS. |CSC |Y1653 A DISCOVERIE For Division or Setting out of Land, as to the best Form. Published by Samuel Hartlib Esquire, for Direction and more Advantage and Profit of the Ad_venturers and Planters in the FENS and other Waste and undisposed Places in England and IRELAND. Whereunto are added some other Choice Secrets or Experiments of Husbandry. With a Philosophical Quere concerning the Cause of Fruitfulness. AND An Essay to shew How all Lands may be improved in a New Way to become the ground of the increase of Trading and Revenue to this Common-wealth. &horbar LONDON, Printed for Richard Wodenothe in Leaden-hall-street, 1653. A DISCOVERY For New DIVISIONS, OR, Setting out of LANDS, as to the best Forme: Imparted in a Letter to Samuel Hartlib, Esquire. HONOURED SIR,

I Here present you with a plain Discovery of that pru_dentiall Contrivance for the more advantageous set_ting out of Lands, which I have formerly acquainted you with, and as you know offered in vain to some of the Company of Drayners of the great Fen, as I had opportunity; That so I may not onely gratifie your Publique-heartednesse and great Zeal for the Common good, and testifie my willingnesse to be doing some good in my generation, as God shall enable me, but that I may in some sort be blamelesse to all Posterity, though those Lands be not well divided or sub-divi_ded, since I have not onely offered my assistance, such as it is in private, but do here (and suppose not altoge_ther too late) freely offer it to the consideration of all men that are, or may be concerned in the same, or the like nature, of what better use Lands divided, or sub_divided, according to the Plats here intended to every mans view may be found or esteemed. And lest any mistake should be in the not rightly understanding my meaning, or the nature of the thing, give me leave to trouble the World with a few of my Reasons for, or apprehensions of that Advantage or Conveniency, which may be more had and obtained by following this Example.

I have been called to a more then ordinary use of, and love to all sorts of Husbandry, and particular_ly to Agriculture, wherein God hath been graciously pleased to recompence my Zeal, and indeavour with an increase of knowledge and experience in the wayes of managing Agriculture and Husbandry; in all its parts; and that not onely according to what is com_monly known and practised, but by some Additionals, which if well accepted, and rightly pursued would tend exceedingly to the prosperity, honour and plenty of this whole Nation; but of this, as I have formerly ac_quainted you more largely (for you have thought fit to hint it to the World in your Reformed Husbandman) I shall therefore proceed and say, that that dear and even nationall affection which I have to Husbandry, above all other employments among men, may (perhaps) have occasioned my further enquiry into these affairs; and by those observations to which I have given my selfe more then every man, I may have attained to far_ther in sight then every man hath troubled himself to take, which I freely present to my Native Countrey, at least so much as concerns the matter here in Questi_on; namely, The setting out of Land, as to the best Forme.

I have observed that all or most part of the Lands, Lordships, Mannors, Parishes, Farmes, and particular Grounds, or Closes in England are not (or rather were not at that time past, when they were first) set out in any good Forme; too much of England being left as waste ground in Commons, Mores, Heaths, Fens, Ma_rishes, and the like, which are all Waste Ground; but some more, some lesse; some being made a little better use of then others; but all capable of very great Im_provement, as not now yielding (not one of forty of them through England) the one fourth part of that profit either to private or publique, which they are re_spectively capable of.

I have observed in all places in England the great in_conveniences that come by the Want of Enclosure, both to private and publique, the irregularity of these Lands that are inclosed, the frequent, and (as things now stand in relation to time past, and Land already set out) unremediable intanglements or intermixture of Interest of severall persons in the same Common, in the same Field, in the same Close, nay sometimes in the same Acre. The inconvenient passages made or allowed between divers grounds, and that not onely, when they belong to severall men, but even when one man is owner of divers grounds; and the truth is, ei_ther he that is possest of Lands, is a Lord or Tenant; if Lord, he seldome alters that Form he found his Lands in, whether he received them by Inheritance, or pur_chase; and if but Tenant, he would count it (for the most part) lost labour, although he did indeed under_stand both the inconvenience and the right remedy: but I fear neither Lord nor Tenant do so, or at least so, as to lay to heart the Crosses or Losses they or their neighbours do too frequently sustain meerly up_on this accompt, or are too carelesse or desperate of the remedie.

I have observed the carelessenesse and wickednesse of Servants and bad neighbours both; which a man shall be sure to meet, let him remove as often, and to what place he will.

I have observed the proneness most of Cattel & Poul_try to break into forbidden places, but above all others, commonly kept in England not to speak of Deer and Goats, or of wilde fowl, or the like) Swine, Coneys, and Pigeons, (and some sorts of Poultry, at some seasons) are most inclined to and frequent actors of mis_chief, and that so great, that men dare hardly consider it seriously, but let it passe to avoid vexation.

Who is it that lives a Countrey-life, but knowes, or may know, and upon enquiry finde, that one pair of old Pigeons eates of one sort or another of Corn, and grain in the year at least 6 bushels, & that there are almost (if not altogether) as many such pairs of Pidge_ons, as there are men, women and children in England, and it is plain, they can get none, but either of what you have sowne, or of what you should reap, or of the sheadings in the field, which were better bestowed on your Swine or Poultry, or out of your barne, or rick, or threshing-floor, from whence I suppose you cannot well spare it, or from the manger, standing racks, or dunghill, all which your pigs and hens must want so much. I conclude as to this Creature, that there is no such enemy to the prosperity of England, of his bigness so little taken notice of, or that yields so little return; may I dare affirm, that all the beasts & fouls in England, (wilde fowl, which we cannot so easily prevent, and Swine, and Coneys, which yet return abundantly more profit excepted) do not equalize the losse and damage suffered by this one sort of small birds; but let this serve by way of digression, for the truth is, the Contri_vance here principally intended is for the better casting out of Lordships or Farmes in point of Forme, and doth no other way remedy this, but as it contracts your businesse into a close order, making it as easie to disco_ver, and chase away this enemy in one ground, as in a_nother, which is not commonly to be done in other places.

The next destructive Cattel are Coneys, they will eat down the Corn at the first coming up, sometimes to its destruction, they will eat it down all along till Harvest; and if it yet prosper in part, they will stand on their hinder legs, and crop off the ear just at the bottome, and leave the straw standing, I have seen seve_rall fields in a considerable part so served, they will de_stroy young Woods, by eating the bark away round about a foot high, and in good meadow and pasture make a thousand crosse paths, and in all grounds dig holes under the roots of trees, corn, & c. to a very great prejudice; and this evill is something the worse, in that there is no Fence in the common way against them, but the dog or gun, which is not alwayes allowed, yet to do this little beast right, it is not his fault but his Masters, or those that keeps him in no better order, for I do affirm, that few Creatures under heaven, (as they may be managed) turn to greater profit to the Owners, and yet may they be kept (all things considered) cheap_er, and (in a manner) free from doing any hurt to his Owners, or their Neighbours; and so become a most pleasant, profitable, harmlesse creature. And thus to manage this Creature is most properly to be done by such, whose Lands are divided, or sub-divided into some such Forme as these Charts expresse, and in such a Farme it is not uneasie to make these Creatures to do some especiall services even in his life-time.

The third most harmfull beast is the Swine, a Crea_ture so ravenous, that children are scarce safe from a lean sow that hath pigs, and for her to eat her own pigs is no very strange thing; and to eat your Turkeys or Goslings a thing often seen. And as Swine are order_ed, there is hardly any thing safe from them; how will they break through almost any hedge, not onely eat, but root up & destroy the Corn abundantly, as likewise any grass, trees, plants, or whatever corn is in their way, or they can come at: what and how great and frequent are the losses abroad, and the nasty inconveniencies at home occasioned by this Creature: And herein they differ, and are worse then all other Cattle, that when they are in the corn they are not easily seen, and (if their owners or keepers misse them not) as too many of those that are called poor people, will not onely willingly not misse them, but (I have seen it, and suf_fered by it) will on set purpose drive them thither by which means they will sometimes get a haunt of a piece of corn, and go into it so cunningly, that a man can scarce finde where, but being a good way in, they will destroy wholly great spots of a rod or two together, and when a man shall discover them, he had almost as good let them alone, for without a dog they will but play bo-peep, and be running from place to place, but trample down and spoil more, and so they will do a good while also, though you have a dog. Seriously, Sir, I suppose, that though the Hog being fat, and dead is excellent meat, and of so large a body, and good price that he may be worth some pounds, yet there is not one Hog of ten, but (besides the corn given him; after put up to fat) hath one way or other lost, spoiled, destroyed, or devoured twice his price. Most of which inconveniences, as well the nastinesse as the dammage is almost totally prevented by the right Use of this Contrivance, which if, I may truely say, that with some additions to the Common, or for the better ma_nagement of this Cattle, they are of exceeding Use and Profit equall to Cowes, Sheep, or any other, if not much beyond; but indeed all Cattle almost de_pend so necessarily on one anothers fellowship, that he that keeps one hath good reason to keep all; (but if any alone, Sheep.)

The fourth necessary sort of Creature fit to be about a Farme, is Poultry of all sorts; whether Water-fowl, as Geese, Ducks, & c. or Land-fowl, as Turkeys, Hens, &c. The first sort are of speciall Use, and require more care then charge in the keeping, which care is eased ve_ry much by this Contrivance, and those many ill turns, not unusually done by Geese, prevented with an oppor_tunity given to breed or keep many more without charge. The second sort are exceeding profitable, if bred and fed according to a safe and orderly Rule in a place convenient, allowing a large walk, yet prevent_ing the harme they are apt to do. I am assured both by reason and experience, that very great profit above all charge may be had without much trouble by them that keep great store of these sorts safe and well, which I conceive will be much facilitated by this Contrivance.

All other greater Cattel, as Horses and Mares, &c. Buls, Cowes and Oxen, &c. and all sorts of Sheep, as they are apt to run into every Meadow, better pasture, or corn-grounds they can come at: so are they easier seen or prevented; and besides, it troubles a man lesse to make satisfaction to his Neighbour, or to bear his own losse patiently, when he considers, that such Cat_tel many times (though not alwayes) are the better for what they have eaten, and may shortly one way or o_ther make him some amends, either by their fat, or Fleece, or milk, or labour, or the like, whereas all the Pigeon, the lean Hog, or the Coney gets irregularly is meerly lost.

And the evill Contrivance and Inter-mixture of wayes and Interests in most places of England is a spe_ciall reason, which many, even of the more Ingenious sort of men, that would fain yet do not attempt or en_deavour those many, great, and visible wayes of bet_ter improvements that are in nature, and in view, and that because they have no place secure enough, but may every day one before the other expect, that the carelesnesse or wickednesse of their Neighbours, or their own children, or servants (yea, and by mistake sometimes themselves) may let in all or any sorts of these beasts or fowls, (worst of all Hogs or Coneys, which in the common way have most liberty and op_portunity) to destroy all their labours and charges in an instant; therefore say they (not very wisely nor indu_striously though) it is better sit stil then rise up and fall.

Whereas if English men would be resolutely and ingeniously industrious by this, or some other, or bet_ter Contrivance, Way, or Means (which I shall gladly subscribe to, when I see it) those dangers may be avoid_ed, and this Nation become in an age or two, as much (almost) beyond what it now is, as it now is beyond Scotland for fertility, or Ireland for good Husbandry. And we need hardly be beholden to any Nation under heaven for any of their Commodities, except Spanish_Wines and Spices, or some such things, of which we have no simple necessity.

I have observed, that in most parts of England, es_pecially in Champion Countreys, the Pastures lie neer home, and the Woods, Meads, and Corn-land lie at a great distance. And something like it in inclosed grounds also, and that it is common to go through one Close into another, whereas it is plain, that the corne or grasse in the first Close is liable to be eaten and tro_den down by the Cattle that passe to and again to the Close beyond it. It is also very plain, that all Cattle that are well, lusty, and not of imediate Use, are a_ble to carry themselves to a greater distance, but that Wood, Corn, Hey, or the like, require much time, charge and pains to remove them; I appeal therefore, whether it be not fitter to send such Cattle further off, and have your Corn and Hey, (and Wood too, if need be) neerer home. And for your young, sick or weak, or infected Cattle in this Contrivance, there is provi_sion made for such; as also for your Milch-Cowes at Milking-time, so well, that till I see some better I rest contended with this.

I have observed, that when the foul or home-sted is too neer the dwelling house (as it is in most places) it makes the Inhabitants liable to many inconveniences, and offensive sights and smels, as well within doors, as without: but here I refer my selfe whether that evil is not remedied, and yet the Barns, Stables, &c. neer e_nough for inspection, which is all the reason for their being neer; for as you have it in this Contrivance, you may at all times with ease view and take accompt of your businesse, and yet be as neat and sweet as in a Bur_gemasters house in Holland.

Finally, here your house stands in the middle of all your little world (which you may build as your purse and fancy directs, though I could say soemthing as to that in particular, which I take to be as effectuall if need were) enclosed with the Gardens and Orchards, refresh_ed with the beauty and odour of the blossomes, fruits and flowers, and the sweet melody of the chirping birds, that again encompast with little Closes, that all young, weak, or sick Cattle may be fostered under your own eye without losse or inconvenience, and all bound together as with a girdle, (and surely never had the old proverb, ungirt, unblest, a fitter or fuller sense or application) and all that covered again, as with a fair large cloak of Meadow and Tillage, to which you may commit the corner pasturage, the Cape if you please, or the Sleeves to the Coat (for a Coat as well as a Cloak will serve to cover either knavery or foolery) of old cu_stomes or negligence. Here you have your Bake-house Brew-house, Darie, or the like, your Barns, Stables, and Out-houses in such apt places as may serve indiffe_rently for all your occasions. And no one ground to passe through into another, no probability of being trespassed upon by others, or by your own, but the most perfect tight and ample Use of every foot of ground inclosed entire, by all which (I doubt not) will make good what I have sometimes affirmed; that besides all other waves of Improvement that may be farther ad_ded, this alone in meer point of Contrivance is enough to improve the value of your Estate one half part; viz. that if it were really worth 100li. per annum before, it will thus become as really worth 150li. per annum, and the charge in casting it into this forme, (especially where no fences are already) little more, in some cases not so much, though I must tell you, you cannot spare in any case more unhappily then here. And besides profit, the ease and pleasure will be better felt then ex_prest in words.

Very much more might be said in order to this, but it would too farre exceed the bounds of a Letter, and it is also not amisse to see how the World will accept or reject this first: From the hands of him, who sub_scribes himself ever.

SIR, Your most faithful, thankful Friend, and humble Servant, Cressey Dymock. An Experiment for the multiplying of Corn, practised neer Paris in France, by some of that new order of Friers, who are there called Peres de l� doctrine Chrestienne.

INto two French pintes of rain-water, they did put a certain quantity of Cow-dung well rotted, and as much Sheeps-dung and pigeons dung. This water they boiled, till but half a pinte was left, then they strained it through a linnen cloth, and in it dissolved 3 small handfuls of common salt, and as much Salt Pe_ter. This brine they set in some vessel upon hot ashes, and in it they steeped their Seed-corn; which being so ordered, and at the usuall seed-time, being put into barren ground. produced unusual increase, I my selfe have seen one hundred and fourteen eares upon one root, which, they told me, came from one single corn so prepared. This way of theirs differs not much from that which I found in an old Manuscript, and can_not dislike. Take, saith he, rain-water that hath stood in some pool or pond till it putrifie. Put into it good store of dung of horses, kine, sheep, goats, pigeons, hens, and any other beast or bird that feeds upon grass or seeds. An quia herbarum, & seminum Vita media vegetativa in stercoribus illis restiterit exaltanda? Set this mixture eight dayes in the Sun, (or if you be in haste, boil it over the fire half an hour, stirring it all the while,) afterward strain it, and then make it stronger by putting into it more of the foresaid sorts of dung the second time. This having stood as before, strain out, and put into it some common salt, and a little Ox-gall. Into this liquor put your seed-corn; float or scum off all the light corns that swim; let the rest lie in the liquor 24 houres. Then take out your seed-corn, and spread it thin upon a linnen cloth, and dry it in the sha_dow. Put this seed into barren ground (for in such it will thrive better then in a rich soil) you shall reap at least an hundred-fold.

Another Secret worthy to be tryed by all such as are lovers of the Advancement of Husbandry.

IN the choice of seed-corn, prefer that wheat which is most weighty, as being more masculine and fitter for generation then the lighter graines. In the produ_ction of plants, the earth is considered as a female, whose sterility may be much helped by the extraordi_nary melioration of the seed; As if you take water, which hath bin made fat with horsdung wel rotted, and afterwards dissolve in it as many pounds of Salterr� as you intend to sowe acres. In this water steep the afore_said weighty seed for 24 hours. So shall you have a better crop then usuall, though you sowe but halfe the usuall quantity of seed, and though your ground be not so often ploughed, nor be at all dunged; nay though it were barren of it selfe. Your harvest will be ripe sooner by a moneth, and by reason of the Salt-peter, this corn will be fitter for store-houses; for there it will lie ten years uncorrupted.

Observations and Animadversions upon the foregoing secrets or experiments: Writ_ten by the Author of the large Letter in the Legacy of Husbandry.

COncerning the Experiment from Paris about steeping of Corn, I have told you heretofore that steeping of Barley is used in Kent to take away all soile, (except Drake) and also all light corn, further to accelerate growth, if it be sowne late; and further, if pigeons dung be added, it may be as good as half a dunging; and I think I speak high enough, for that little strength that Corn draweth by this steeping can_not do wonders; and if all that Salt, Niter, Cow-dung, Sheeps, Pigeons dung, of this brine were cast upon the earth, it would not dung a quarter of it, how then can the Extract do so much: I cannot as yet see any great reason for it, unlesse perchance there be some occult vi_vification of the spirits of the Seed, which as yet I am ignorant to, As for an 114 ears of Corn from one, it's nothing: I have had from Oats 140 without any steep_ing, or such doings; yet I have used some Art, which I may call a Secret; for I am perswaded very few can do it: but I'le tell it you, and I would all the World did know, for it is a trifle: viz. when the Corn be_ginneth to spread, to lay either clods or Tileshards, or any broad thing upon it to cause it to spread, and fur_ther, let not any corn grow within a foot and a half of it; and this is the great businesse which every one may try (the lands also ought to be excellently good.) Fur_ther, I have had above 2000 grains for one, or of one cut in the midst, and above 100 in one ear without steeping.

As to the second Experiment of Brine, I think of it as of the former; onely I think it convenient to adde, that first they are to blame, who think to medicine the earth as Physicians do the Body, and therefore adde such varieties of Dungs, as Cows, Pigeons, Horse, Sheep &c. as so many Radices, Folia, Fructus, Semina, &c. and then adde Salt and Niter as Physicians do Gin_ger and Mace, then a little Salt and Oxe-gall, as they do Musk and Amber-greese; then boil and strain them Cape colaturam, & dissolve ut prius. I for my part think that our old Grandame the Earth ought not thus to be nursed, and suppose there is more vanity in these then in the Apothecaries Bills. Secondly, Niter is costly: I fear the Crop will not pay the charges; for that I suppose the Countrey-man will consider, though our projecting Husbandman do not. Thirdly, that it's a vanity to overcharge any liquor with too great a quan_tity of materials. For we know that the power of e_very thing is finite, and if you put Salt into water, such a proportion it will dissolve, if you put above that pro_portion, it sinketh to the bottome, and there lies undis_solved. Fourthly, that the cause of Fruitfulnesse is not onely the vita media in dung; for when it is totally corrupted, and the vita media gone, it is very fruitfull: further, Chalke, Marle, Nitre, which are exceeding fruitfull, have no vita media. But concerning Fruitful_nesse I have sent you a short Discourse which is onely to shew you the difficulty of the Question, and to stir up some other to attempt it.

As for the Conclusion of the processe (or Experi_ment) viz. you shall reaplan 100 fold: let me but dig Land, if it be not extreamly barren, I'le wager to have the same increase without all these slibber slops.

As to the last Processe which I like best, having the greatest probabilities; I answer, that to get this Sal Terr� to supply every mans occasion, is more then I know how to obtain, and the trouble great; and I sup_pose he that hath that Salt needeth not horse-dung; for rain-water I suppose will do better: and further, I de_sire to know how he would extract it, and how it differ_eth from Niter: This processe pleaseth me, and I sup_pose the graines will be excellent and long lasting.

A great Question concerning Fruitfulnesse. Offered to all ingenious Searchers of Nature.

It is a main deficiencie in Husbandry, that though we by experience finde that all the foresaid materials, and divers others, as oft-tilling, Husbandry, seasons, &c. change of seed and Land, resting of Lands, fencing &c. do cause Fertility: yet we are very ignorant of the true causes of Fertility, and know not what Chalk, Ashes, Dung, Marle, Water, Air, Earth Sun, &c. do contribute: whether something Essential, or Accidental; Material or Immaterial; Corporal or Spiritual; Prin_cipal or Instrumental; Visible or Invisible: whether Sa_line, Sulphureous or Mercurial; or Watry, Earthy, Fi_ery, Aereal: or whether all things are nourished by Va_pours, Fumes, Atoms, Effluvia? or by Salt, as Urine, Embrionate or non-specificate? or by Ferments, Odours Acidities? or from a Chaos, or inconfused, indigested, and unspecificated lump? or from a Spermatick, damp_ish vapour which ascendeth from the Centre of the Earth? or from the Influence of Heaven? or from Water onely impregnated, corrupted or fermented? or whether the Earth, by reason of the Divine Benediction hath an Infinite, multiplicative Vertue, as Fire, and the Seeds of all things have? or whether the multiplicity of Opinions of learned Philoso_phers (as Aristotle, Rupesc. Sendivog, Norton, Helmont, Des Car_tes, Digby, White, Plat. Glaubre) concerning this Subject shew_eth the great difficulty of this Question, which they at lea_sure may peruse. I for my part dare not venture on this vast Ocean in my small bark, lest I be swallowed up; yet if an op_portunity presents, shall venture to give some hints, that some more able Pen may engage in this difficult Question which strikes at the Root of Nature, and may unlock some of her choicest treasures. The Lord Bacon hath gathered stubble (as he ingenuously and truly affirms) for the bricks of this foun_dation; but as yet I have not seen so much as a solid founda_tion plainly laid by any, on which an ingenious Man might venture to raise a noble Fabrick: I acknowledge the burthen too heavy for my shoulders.

FINIS. |CSC |Y1666 Num. 16. PHILOSOPHICAL TRANSACTIONS. &horbar Munday, August 6. 1666. &horbar

The Contents.

An Essay of Dr. John Wallis, exhibiting his Hypothesis about the Flux and Reflux of the Sea, taken from the Consideration of the Common Center of Gravity of the Earth and Moon; toge_ther with an Appendix of the same, containing an Answer to some Objections, made by severall Persons against that Hypo_thesis. Some Animadversions of the same Author upon Master Hobs's late Book, De Principiis & Ratiocinatione Geome_trarum.

&horbar An Essay Of Dr. John Wallis, exhibiting his Hypothesis about the Flux and Reflux of the Sea.

HOw abstruse a subject in Philosophy, the Flux and Reflux of the Sea hath proved hi_therto, and how much the same hath in all Ages perplexed the Minds even of the best of Naturalists, when they have attempted to render an Account of the Cause there_of, is needless here to represent. It may perhaps be to more purpose, to take notice, that all the defici_encies, found in the Theories or Hypotheses, formerly invented for that End, have not been able to deterre the Ingenious of this Age from making farther search into that Matter: Among whom that Eminent Mathematician Dr. John Wallis, following his happy Genius for advancing reall Philosophy, hath made it a part of his later Inquiries and Studies, to contrive and de_duce a certain Hypothesis concerning that Ph�nomenon, taken from the Consideration of the Common Center of Gravity of the Earth and Moon, This being by several Learned Men lookt upon, as a very rational Notion, it was thought fit to offer it by the Press to the Publick, that other Intelligent Persons also might the more conveniently and at their leisure examine the Conjecture (the Author, such is his Modesty, presenting it no o_therwise) and thereupon give in their sense, and what Diffi_culties may occur to them about it, that so it may be either confirm'd or laid aside accordingly; As the Proposer himself expresly desires in the Discourse, we now, without any more Preamble, are going to subjoyn, as it was by him addressed, by way of Letter, from Oxford to Mr. Boyle April 25. 1666. and afterwards communicated to the R. Society, as follows:

YOu were earnest with me, when you last went from hence, that I would put in writing somewhat of that, which at divers times, these three or four years last past, I have been discours_ing with your self and others concerning the Common Center of Gravity of the Earth and Moon, in order to salving the Ph�nomena as well of the Seas Ebbing and Flowing; as of some perplexities in Astronomical Observations of the Places of the Celestial Bo_dies.

How much the World, and the great Bodies therein, are manag'd according to the Laws of Motion, and Statick Principles, and with how much more of clearness and satisfaction, many of the more abstruse Ph�nomena have been salved on such Principles, within this last Century of years, than formerly they had been; I need not discourse to you, who are well versed in it. For, since that Galil�o, and (after him) Torricellio, and o_thers, have applied Mechanick Principles to the salving of Phi_losophical Difficulties; Natural Philosophy is well known to have been rendered more intelligible, and to have made a much greater progress in less than an hundred years, than before for many ages.

The Seas Ebbing and Flowing, hath so great a connexion with the Moons motion, that in a manner all Philosophers (whatever other Causes they have joyned with it) have attributed much of its cause to the Moon; which either by some occult quality, or particular influence, which it hath on moyst Bodies, or by some Magnetick vertue, drawing the water towards it, (which should therefore make the Water there highest, where the Moon is ver_tical) or by its gravity and pressure downwards upon the Ter_raqueous Globe (which should make it lowest, where the Moon is vertical) or by whatever other means (according to the se_veral Conjectures of inquisitive persons,) hath so great an in_fluence on, or at least a connexion with, the Sea's Flux and Reflux, that it would seem very unreasonable, to seclude the consideration of the Moons motion from that of the Sea: The Periods of Tides (to say nothing of the greatness of them near the New-moon and Full-moon) so constantly waiting on the Moon's motion, that it may be well presumed, that either the one is governed by the other, or at least both from some com_mon cause.

But the first that I know of, who took in the consideration of the Earth's motion, (Diurnal and Annual) was Galil�o; who in his Systeme of the World, hath a particular discourse on this sub_ject: Which, from the first time that I ever read it, seemed to me so very rational, that I could never be of other opinion, but that the true Account of this great Ph�nomenon was to be referred to the Earths motion, as the Principal cause of it: Yet that of the Moon (for the reasons above mentioned) not to be excluded, as to the determining the Periods of Tides, and other circumstances concerning them. And though it be manifest enough, that Galil�o, as to some particulars, was mistaken in the account which there he gives of it; yet that may be very well allowed, without any blemish to so deserving a person, or pre_judice to the main Hypothesis: For that Discourse is to be loo_ked upon onely as an Essay of the general Hypothesis; which as to particulars was to be afterwards adjusted, from a good General History of Tides; which it's manifest enough that he had not; and which is in a great measure yet wanting. For were the matter of Fact well agreed on, it is not likely, that several Hypotheses should so far differ, as that one should make the Water then and there at the Highest, where and when the other makes it at the Lowest; as when the Moon is Vertical to the place.

And what I say of Galil�o, I must in like manner desire to be understood of what I am now ready to say to you. For I do not profess to be so well skilled in the History of Tides, as that I will undertake presently to accommodate my general Hypothesis to the particular cases; or that I will indeed undertake for the certainty of it, but onely as an Essay propose it to further con_sideration; to stand or fall, as it shall be found to answer mat_ter of Fact. And truly had not your importunity (which is to me a great Command) required me to do it, I should not so easily have drawn up any thing about it, till I had first satisfied my selfe, how well the Hypothesis would answer Observation: Having for divers years neglected to do it, waiting a time when I might be at leisure throughly to prosecute this design.

But there be two reasons, by which you have prevailed with me, at least to do something. First, because it is the common Fate of the English, that out of a modesty, they forbear to pub_lish their Discoveries, till prosecuted to some good degree of certainty and perfection; yet are not so wary, but that they dis_course of them freely enough to one another, and even to Strangers upon occasion; whereby others, who are more hasty and venturous, comming to hear of the notion, presently pub_lish something of it, and would be reputed thereupon, to be the first Inventers thereof: though even that little, which they can then say of it, be perhaps much less, and more imperfect, than what the true Authors could have published long before, and what they had really made known (publikely enough, though not in print) to many others. As is well known amongst us as to the business of the Lymphatick Vessels in Anatomy: the Injection of Liquors into the veines of Living animals; the Exhibiting of a straight line equal to a crooked; the Spot in Jupiter, whence his motion about his own Axis may be demonstrated; and many other the like considerable Inventions.

The other Reason (which, with me, is more really of weight, though even the former be not contemptible) is, because, as I have been already for at least three or four years last past di_verted from prosecuting the inquiry or perfecting the Hypo_thesis, as I had thoughts to do; so I do not know, but like E_mergencies may divert me longer; and whether I shall ever so do it, as to bring it to perfection, I cannot determine. And there_fore, if as to my self any thing should humanitus accidere; yet possibly the notion may prove worth the preserving to be pro_secuted by others, if I do it not. And therefore I shall, at least to your self, give some general account of my present imper_fect and undigested thoughts.

I consider therefore, that in the Tides, or the Flux and Re_flux of the Sea, besides extraordinary Extravagancies, or Irregu_larities, whence great Inundations or strangly high Tides do follow, (which yet perhaps may prove not to be so meerly ac_cidental as they have been thought to be, but might from the regular Laws of Motion, if well considered, be both well ac_counted for, and even foretold;) There are these three noto_rious Observations made of the Reciprocation of Tides. First, the Diurnal Reciprocation; whereby twice in somewhat more than 24 hours, we have a Floud and an Ebbe; or a High-wa_ter and Low-water. Secondly, the Menstrual; whereby in one Synodical period of the Moon, suppose from Full-moon to Full_moon, the Time of those Diurnal Vicissitudes doth move round through the whole compass of the Nychthēmeron, or Natural day of twenty four hours: As for instance, if at the Full-moon the full Sea be at such or such a place just at Noon, it shall be the next day (at the same place) somewhat before One of the clock; the day following, between One and Two; and so onward, till at the New-moon it shall be at midnight; (the other Tide, which in the Full-moon was at midnight, now at the New-moon coming to be at noon;) And so forward till at the next Full_moon, the Full-sea shall (at the same place) come to be at Noon again: Again, That of the Spring-tides and Neap_tides (as they are called;) about the Full-moon and New_moon the Tides are at the Highest, at the Quadratures the Tides are at the Lowest: And at the times intermediate, pro_portionably. Thirdly, the Annual; whereby it is observed, that at sometimes of the year, the Spring-tides are yet much higher than the Spring-tides at other times of the year: Which Times are usually taken to be at the Spring and Autumne; or the two �quinoxes; but I have reason to believe (as well from my own Observations, for many years, as of others who have been much concerned to heed it, whereof more will be said by and by;) that we should rather assign the beginnings of February and November, than the two �quinoxes.

Now in order to the giving account of these three Periods, according to the Laws of Motion and Mechanick Principles; We shall first take for granted, what is nowadayes pretty commonly entertained by those, who treat of such matters; That a Body in motion is apt to continue its motion, and that in the same degree of celerity, unless hindred by some contrary Impediment; (like as a Bo_dy at rest, to continue so, unless by some sufficient mover, put into motion:) And accordingly (which daily experience te_stifies) if on a Board or Table, some loose incumbent weight, be for some time moved, & have thereby contracted an Impetus to motion at such a rate; if that Board or Table chance by some external obstacle, or otherwise, to be stopped or conside_rably retarded in its motion, the incumbent loose Body will shoot forward upon it: And contrarywise, in case that Board or Table chance to be accelerated or put forward with a conside_rably greater speed than before, the loose incumbent Body, (not having yet obtained an equal Impetus with it) will be left be_hind, or seem to fly backward upon it. Or, (which is Galil�o's instance,) if a broad Vessel of Water, for some time evenly carried forward with the water in it, chance to meet with a stop, or to slack its motion, the Water will dash forward and rise high_er at the fore part of the Vessel: And, contrarywise, if the Ves_sel be suddenly put forward faster than before; the Water will dash backwards, and rise at the hinder part of the Vessel. So that an Acceleration or Retardation of the Vessel, which car_ries it, will cause a rising of the Water in one part, and a falling in another: (which yet, by its own weight, will again be redu_ced to a Level as it was before) And consequently, supposing the Sea to be but as a loose Body, carried about with the Earth, but not so united to it, as necessarily to receive the same degree of Impetus with it, as its fixed parts do; The acceleration or re_tardation in the motion of this or that part of the Earth, will cause (more or less, according to the proportion of it) such a dashing of the Water, or rising at one part, with a Falling at another, as is that, which we call the Flux and Reflux of the Sea.

Now this premised, We are next, with him, to suppose the Earth carried about with a double motion; The one Annual, as (Fig. 1.) in BEC the great Orb, in which the Center of the Earth B, is supposed to move about the Sun A.

The other Diurnal, whereby the whole moves upon its own Axis, and each point in its surface describes a Circle, as DEFG.

It is then manifest, that if we suppose, that the Earth moved but by any one of these motions, and that regularly, (with an equal swiftness;) the Water, having once attained an equal Impetus thereunto, would still hold equal pace with it; there being no occasion, from the Quickening or Slackening of the Earths motion, (in that part where the Water lyeth) for the Water thereon either to be cast Forward or fall Backward, and thereby to accumulate on the other parts of the Water: But the true motion of each part of the Earths surface being com_pounded of those two motions, the Annual and Diurnal; (the Annual in BEC being, as Galil�o there supposeth, about three times as fast as a diurnal motion in a great Circle, as DEF;) while a Point in the Earths surface moves about its Center B. from G. to D. and E. and at the same time, its Center B. be car_ried forwards to C; the true motion of that Point forwards, is made up of both those motions; to wit, of B to C, and of G to E; but while G moves by D to E, E moves backward by F to G, contrary to the motion of B to C; so that the true moti_on of E, is but the difference of BC, and EG: (for, beside the motion of B, the Center G is also put forward as much as from G to E; and E put backward as much as from E to G:) so that the Diurnal motion, in that part of the Earth, which is next the Sun, as EFG, doth abate the progress of the Annual, (and most of all at F;) and in the other part, which is from the Sun, as GDE, it doth increase it, (and most of all at D.) that is, in the day time there is abated, in the night time is added to in the Annual motion, about as much as is GE, the Earths Diameter. Which would afford us a Cause of two Tides in twenty four hours; the One upon the greatest Acceleration of motion, the Other up_on its greatest Retardation.

And thus far Galil�o's Discourse holds well enough; But then in this it comes short; that as it gives an Account of two Tides; so those two Tides are alwayes to be at F and D; that is, at Noon and Midnight; whereas Experience tells us, that the Time of Tides, moves in a moneths space through all the 24. hours. Of which he gives us no account. For though he do take notice of a Menstrual Period; yet he doth it onely as to the Quantity of the Tides; greater or less; not as to the Time of the Tides, sooner or later.

To help this, there is one (Vid. Vid. Riccioli Alma_gest. novum, Tom. 1. lib. 4. cap. 10. n. 111. pag. 216.2. Jo. Baptista Balianus) who makes the Earth to be but a secondary Planet; and to move, not directly about the Sun, but about the Moon, the Moon meanwhile moving about the Sun; in like manner as we suppose the Earth to move about the Sun, and the Moon about it.

But this, though it might furnish us with the foundation of a Menstrual Period of Accelerations and Retardations in the compound motion of several parts of the Earths surface; yet I am not at all inclined to admit this as a true Hypothesis, for di_vers Reasons, which if not demonstrative, are yet so conso_nant to the general Systeme of the World, as that we have no good ground to disbelieve them. For 1. The Earth being undeniably the greater Body of the two (whereof there is no doubt to be made it cannot be thought probable, that this should be carried about by the Moon, lesser than it self: The contrary being seen, not onely in the Sun, which is bigger than any of the Planets, which it carryes about; but in Jupiter, bigger than any of his Satellites; and Saturne, bigger than his. 2. As the Sun by it's motion about it's own Axis, is with good reason judged to be the Physical cause of the Primary Planets moving about it; So there is the like reason to believe, that Jupiter and Saturne moving about their Axes, are the Physical cause of their Satellites moving about them, which motion of Jupiter hath been of late discover'd, by the help of a fixed Spot discern'd in him; and we have reason to believe the like of Sa_turne. Whether Venus and Mercury (about whom no Satellites have been yet observed) be likewise so moved; we have not yet the like ground to determine: But we have of Mars; from the Observations of Mr. Hook made in February and March last, and by him communicated to the Royal Society, and since Printed in the Transactions, published Apr. 2. 1666. consonant to the like observations of Jupiter, made by him in May. 1664, and since communicated to the same Society; and then pub_lished in the Transactions, of March. 6. then next follow_ing. Now that the Earth hath such a motion about its own Axis (whereby it might be fitted to carry about the Moon) is evident by its Diurnal motion. And it seems as evident that the Moon hath not; because of the same side of the Moon al_waies turned towards us; which could not be, if the Moon carried the Earth about: Unlesse we should say, that it carries about the Earth in just the same Period, in which it turnes up_on its own Axis: Which is contrary to that of the Sun carry_ing about the Planets: the shortest of whose Periods, is yet longer than that of the Suns moving about its own Axis. And the like of Jupiter, shorter than the Period of any of his Satelli_tes; if at least the Period of his conversion about his Axis, late_ly said to be observed, prove true. (Of Saturn we have not yet any Period assigned; but it's likely to be shorter, than that of his Satelles.) And therefore we have reason to believe, not that by the Moons motion about its Axis the Earth should be carried by a contemporary Period (whereby the same face of the Moon should be ever towards us;) but that by the Earths revolution about its Axis in 24. hours, the Moon should be carried about it in about 29. dayes, without any motion on its own Axis: And accordingly, that the Secondary Planets about Jupiter and Saturn, are not (like their Principals) turned a_bout their own Axis. And therefore I am not at all inclined to believe, that the Menstrual Period of the Tides with us, is to be salved by such an Hypothesis.

In stead of this, that Surmise of mine, (for I dare not yet, with confidence give it any better name,) of what I have spok_en to you heretofore, (and which hath occasioned this pre_sent account which I am now giving you,) is to this purpose.

The Earth and Moon being known to be Bodies of so great connexion (whether by any Magnetick, or what other Tye, I will not determine; nor need I, as to this purpose;) as that the motion of the one follows that of the other; (The Moon ob_serving the Earth as the Center of its periodick motion:) may well enough be looked upon as one Body, or rather one Aggre_gate of Bodies, which have one common center of Gravity; which Center (according to the known Laws of Staticks) is in a streight Line connecting their respective Centers, so divided as that its parts be in reciprocal proportion to the Gravities of the two Bodies. As for Example; Suppose the Magnitude (and therefore, probably, the Gravity) of the Moon to be about an One and fourtieth part of that of the Earth; (and thereabouts Hevelius in his Selenography page 203. doth out of Tycho, esti_mate the proportion; and an exact certainty is not necessary to our present businesse.) And the distance of the Moons Cen_ter from the Center of the Earth, to be about fifty six semidiame_ters of the Earth, (as thereabouts he doth there estimate it, in its middle distance; and we need not be now very accurate in determining the numbers; wherein Astronomers are not yet very well agreed.) The distance of the Common Center of Gravity of the two Bodies, will be from that of the Earth, a_bout a two and fourtieth part of fifty six Semidiameters; that is, about 56/42 or 4/3 of a Semidiameter; that is about 1/3 of a Se_midiameter of the Earth, above its surface, in the Air, direct_ly between the Earth and Moon.

Now supposing the Earth and Moon, joyntly as one Body, carried about by the Sun in the great Orb of the Annual moti_on; this motion is to be estimated, (according to the Laws of Staticks, in other cases,) by the motion of the common Cen_ter of Gravity of both Bodies. For we use in Staticks, to esti_mate a Body, or Aggregate of Bodies, to be moved upwards, downwards, or otherwise, so much as its Common Center of Gravity is so moved, howsoever the parts may change places amongst themselves.

And accordingly, the Line of the Annual motion, (whether Circular or Elliptical; of which I am not here to dispute,) will be described, not by the Center of the Earth (as we com_monly estimate it, making the Earth a Primary and the Moon a Se_condary Planet,) nor by the Center of the Moon, (as they would do, who make the Moon the Primary and the Earth a Secondary Planet, against which we were before disputing:) But by the Common Center of Gravity of the Bodies, Earth and Moon, as one Aggregate.

Now supposing ABCDE to be a part of the great Orb of the Annual motion, described by the Common Center of Gravity, in so long time as from a Full-Moon at A to the next New-Moon at E; See Fig. 2. and 3. (which, though an Arch of a Circle or Ellipse, whose Center we suppose at a due distance below it; yet being but about 1/25 of the whole, may well e_nough be here represented by a streight Line:) the Center of the Earth at T, and that of the Moon at L, must each of them (supposing their common Center of Gravity to keep the Line AE) be supposed to describe a Periphery about that Com_mon Center, as the Moon describes her Line of Menstrual mo_tion. (Of which I have (in the Scheme) onely drawn that of the Earth; as being sufficient to our present purpose; paral_lel to which, if need be, we may suppose one described by the Moon; whose distance is also to be supposed much greater from T than in the figure is expressed, or was necessary to ex_presse.) And in like manner EFGHI, from that New-moon at E, to the next Full-moon at I.

From A to E (from Full-moon to New-moon,) T moves (in its own Epicycle) upwards from the Sun: And from E to I, (from New-moon to Full-moon) it moves downwards, toward the Sun. Again, from C to G, (from last quarter to the following first quarter,) it moves forwards according to the Annual motion; But from G forward to C, (from the first Quarter to the ensuing last Quarter,) it moves contrary to the Annual motion.

It is manifest therefore, according to this Hypothesis, that from Last quarter to First quarter (from C to G, while T is above the Line of the Annual motion) its Menstrual motion in its Epicycle adds somewhat of Acceleration to the Annual mo_tion; and most of all at E, the New-moon: And from the first to the last quarter (from G forward to C, while T is below the Line of the Annual motion,) it abates of the Annual motion; and most of all at I, or A the Full-moon.

So that in pursuance of Galil�o's Notion, the Menstrual adding to or detracting from the Annual motion, should either leave behinde, or cast forward, the loose waters incumbent on the Earth, (and thereby cause a Tide, or accumulation of Waters;) and most of all at the Full-moon and New-moon, where those Accelerations or Retardations are greatest.

Now this Menstrual motion, if nothing else were superadded to the Annual, would give us two Tides in a moneth, and no more; (the one upon the Acceleration, the other on the Re_tardation;) at New-moon and Full-moon; and two Ebbs, at the two Quarters; and in the Intervals, Rising and Falling water.

But the Diurnal motion superadded, doth the same to this Menstrual, which Galil�o supposeth is to do to that Annual; that is, doth Add to, or Substract from, the Menstrual Accelera_tion or Retardation; and so gives us Tide upon Tide.

For in whatsoever part of its Epicycle, we suppose T to be; See Fig. 4. yet because, while by its Menstrual motion the Center moves in the Circle LTN; each point in its surface, by its diurnal motion moves in the Circle LMN: whatever effect (accelerative or tardative) the Menstrual would give, that effect by the Diurnal is increased in the parts LMN (or rather lMn. the Semicircle) and most of all at M: but dimi_nished in the parts NOL (or rather nOl) and most of all at O. So that at M, and O, (that is when the Moon is in the Meridian below or above the Horizon,) we are to have the Di_urnal Tide or High-water, occasioned by the greatest Accele_ration or Retardation, which the Diurnal Arch gives to that of the Menstrual: which seems to be the true cause of the Daily Tides. And withall gives an account, not onely why it should be every day, but likewise, why at such a time of the day; and why this time should in a moneth run through the whole 24 hours; viz. because the Moons coming to the Meridian above and be_low the Horizon, (or as the Seamen call it, the Moons Southing, and Northing,) doth so: As likewise of the Spring tides and Neap_tides. For, when it so happens, that the Menstrual and Diurnal Ac_celerations or Retardations, be coincident, (as at New moons and Full-moons they are) the effect must needs be the greater. And although (which is not to be dissembled) this happen but to one of the two Tides; that is, the Night-tide at the New_moon (when both motions do most of all Accelerate,) and the Day-tide at Full-moon (when both do most Retard the Annu_al motion;) Yet, this tide being thus raised by two concurrent causes; though the next Tide have not the same cause also, the Impetus contracted will have influence upon the next Tide; Upon a like reason, as a Pendulum let fall from a higher Arch, will (though there be no new cause to occasion it) make the Vibration on the other side (beyond the Perpendicular) to be also greater: Or, of water in a broad Vessel, if it be so jog_ged, as to be cast forward to a good height above its Levell, will upon its recoyling, by its own gravity, (without any additio_nal cause) mount so much the higher on the hinder part.

But here also we are to take notice, that though all parts of the Earth by its Diurnal motion do turn about its Axis, and de_scribe parallel Circles; yet not equal Circles; but greater neer the �quinoctial, and lesser near the Poles, which may be a cause why the Tides in some parts may be much greater than in o_thers. But this belongs to the particular considerations, (of which we are not now giving an Account:) not to the general Hypothesis.

Having thus endeavoured to give an account of the Diurnal and Menstrual Periods of Tides; It remains that I endeavour the like as to the Annual. Of which there is, at least, thus much agreed; That, at some times of the year, the Tides are noted to be much higher, than at other times.

But here I have a double task; First, to rectify the Obser_vation; and then, to give an account of it.

As to the First; It having been observed (grosly) that those high Tides have used to happen about the Spring and Autumn; it hath been generally taken for granted (without any more nice observation) that the two �quinoxes are the proper times, to which these Annual high Tides are to be referred; And such causes sought for, as might best sute with such a Supposition.

But it is now, the best part of twenty years, since I have had frequent occasions to converse with some Inhabitants of Rum_ney-marsh in Kent; where the Sea being kept out with great Earthen walls, that it do not at high water overflow the Levell; and the Inhabitants livelyhood depending most on grazing, or feeding Sheep; they are (as you may believe they have reason to be) very vigilant and observant, at what times they are most in danger of having their Lands drowned. And I find them ge_nerally agreed, by their constant Observations, (and Experi_ence dearly bought) that their times of danger are about the beginning of February and of November: that is, at those Spring Tides which happen near those times; to which they give the names of Candlemass-stream and Allhallond-stream: And if they scape those Spring-tides, they apprehend themselves out of Danger for the rest of the year. And as for March and Septem_ber (the two �quinoxes) they are as little solicitous of them, as of any other part of the year.

This, I confess, I much wondred at, when I first heard it; and suspected it to be but a mistake of him, that first told me, though he were indeed a person not likely so to be mistaken, in a thing wherein he was so much concerned: But I soon found, that it was not onely his, but a general observation of others too; both there, and elsewhere along the Sea coast. And though they did not pretend to know any reason of it, (nor so much as to en_quire after it;) Yet none made doubt of it; but would rather laugh at any that should talk of March and September, as being the dangerous times. And since that time, I have my self very frequently observed (both at London and elsewhere, as I have had occasion) that in those months of February and November, (especially November) the Tides have run much higher, than at other times: Though I confess, I have not been so diligent to set down those Observations, as I should have done. Yet this I do particularly very well remember, that in November 1660. (the same year that his Majesty returned) having occasion to go by Coach from the Strand to Westminster, I found the Water so high in the middle of King-street, that it came up, not onely to the Boots, but into the Body of the Coach; and the Pallace-yard (all save a little place near the West-End) overflow'd; as like_wise the Market-place; and many other places; and their Cel_lars generally filled up with Water. And in November last, 1665. it may yet be very well remembred, what very high Tides there were, not onely on the Coasts of England, (where much hurt was done by it) but much more in Holland, where by reason of those Inundations, many Villages and Towns were overflow'd. And though I cannot so particularly name other years, yet I can very safely say, that I very often observed Tides strangely high about those times of the year.

This Observation did for divers years cause me much to wonder, not only because it is so contrary to the received opi_nion of the two �quinoxes; but because I could not think of any thing signal at those times of the year: as being neither the two �quinoxes, nor the two Solstices, nor the Sun's Apog�um and Perig�um; (or Earths Aphelium and Perihelium;) nor indeed, at contrary times of the year, which at least, would seem to be ex_pected. From Alhollandtide to Candlemass being but three months; and from thence to Alhollandtide again nine months.

At length it came into my mind, about four years since, that though there do not about these times happen any single signal Accident, which might cast it on these times, yet there is a com_pound of two that may do it: Which is the Inequality of the Na_tural day (I mean that of 24. hours, from noon to noon) arising at least from a double cause; either of which singly would cast it upon other times, but both joyntly on those.

It's commonly thought, how unequal soever the length be of the Artificial dayes as contradistinguished to nights, yet that the Natural Day, reckoning from noon to noon, are all equal: But Astronomers know well, that even these dayes are unequal.

For, this Natural Day is measured not onely by one intire con_version of the �quinoctial, or 24. �quinoctial hours, (which is indeed taken to be performed in equal times,) but increases by so much, as answers to that part of the Sun's (or Earths,) Annual motion as is performed in that time. For, when that part of the �quinoctial, which (with the Sun) was at the Meridian yesterday at noon, is come thither again to day, it is not yet Noon (because the Sun is not now at the palce where yesterday he was, but is gone forward about one degree, more or less) but we must stay till that place, where the Sun now is, comes to the Meridian be_fore it be now Noon.

Now this Additament (above the 24 �quinoctial hours, or intire conversion of the �quinoctial) is upon a double account unequal. First, because the Sun, by reason of its Apog�um and Pe_rig�um, doth not at all times of the year dispatch in one day an equal Arch of the Ecliptick; but greater Arches neer the Peri_g�um, which is about the middle of December; and lesser neer the Apog�um, which is about the middle of June: As will appear sufficiently by the Tables of the Sun's Annual motion. Secondly, though the Sun should in the Ecliptick move alwaies at the same rate; yet equal Arches of the Ecliptick do not in all parts of the Zodiack answer to equal Arches of the �quinoctial, by which we are to estimate time: Because some parts of it, as about the two Solsticial Points, lie nearer to a parallel position to the �quino_ctial, than others, as those about the two �quinoctial points, where the Ecliptick and �quinoctial do intersect; whereupon an Arch of the Ecliptick, neer the Solsticial points answers to a greater Arch of the æquinoctial, than an Arch equal thereunto neer the �quinoctial points: As doth sufficiently appear by the Tables of the Suns right Ascension.

According to the first of these causes, we should have the longest natural daies in December, and the shortest in June, which if it did operate alone, would give us at those times two Annual High-waters.

According to the second cause, if operating singly, we should have the longest daies at the two Solstices in June and December, and the two shortest at the �quinoxes in March and Septem_ber; which would at those times give occasion to four Annual High-waters.

But the true Inequality of the Natural Days, arising from a Complication of those two causes, sometimes crossing and some_times promoting each other: though we should find some increa_ses or decreases of the Natural daies at all those seasons answe_rable to the respective causes (and perhaps of Tides proportio_nably thereunto:) yet the longest and shortest natural daies absolutely of the whole year (arising from this complication of Causes) are about those times of Allhallontide and Candlemas; (or not far from them) about which those Annual High-tides are found to be: As will appear by the Tables of �quation of Natural daies. And therefore I think, we may with very good reason cast this Annual Period upon that cause, or rather complication of causes. For (as we before showed in the Menstrual and Diurnal) there will, by this inequality of Natural daies, arise a Physical Acceleration and Retardation of the Earths Mean motion, and accordingly a casting of the Waters backward or forward; either of which, will cause an Accumulation or High_water.

'Tis true, that these longest and shortest daies, do (according to the Tables, some at least) fall rather before, than after Al_hallontide and Candlemas (to wit the ends of October and January;) but so do also (sometimes) those high Tydes: And it is not yet so well agreed amongst Astronomers, what are all the Causes (and in what degrees) of the Inequality of Natural daies; but that there be diversities among them, about the true time: And whe_ther the introducing of this New Motion of the Earth in its Epicycle about this Common Center of Gravity, ought not there_in also to be accounted for, I will not now determine: Having already said enough, if not too much, for the explaining of this general Hypothesis, leaving the particularities of it to be adjusted according to the true measures of the motions; if the General Hypothesis be found fit to be admitted.

Yet this I must add, (that I be not mistaken) that whereas I cast the time of the daily Tydes to be at all places, when the Moon is there in the Meridian; it must be understood of open Seas, where the water hath such free scope for its motions, as if the whole Globe of Earth were equally covered with water: Well knowing, that in Bayes and In-land-Channels, the position of the Banks and other like causes must needs make the times to be much different from what we suppose in the open Seas: And likewise, that even in the Open Seas, Islands, and Currents, Gulfs and Shallows, may have some influence, though not compara_ble to that of Bays and Channels. And moreover, though I think, that Seamen do commonly reckon the time of High_water in the Open Seas, to be then, when the Moon is there in the Meridian (as this Hypothesis would cast it:) Yet I do not take my self to be so well furnished with a History of Tides, as to assure my self of it; much less to accommodate it to particular places and cases.

Having thus dispatched the main of what I had to say concerning the Seas Ebbing and Flowing: Had I not been already too tedious, I should now proceed to give a further reason, why I do introduce this consideration of the Common Center of Gravity in reference to Astronomical Accounts. For indeed, that which may possibly seem at first to be an Objection against it, is with me one reason for it.

It may be thought perhaps, that if the Earth should thus de_scribe an Epicycle about the Common Center of Gravity, it would (by this its change of place) disturbe the C�lestial motions; and make the apparent places of the Planets, especially some of them, different from what they would otherwise be. For though so small a removal of the Earth, as the Epicycle would cause (especially if its Semidiameter should not be above 1 1/3 of the Earths Semidiameter) would scarce be sensible (if at all) to the remoter Planets; yet as to the nearer it might.

Now though what Galil�o answers to a like Objection in his Hypothesis; (that its possible there may be some small difference, which Astronomers have not yet been so accurate, as to observe) might here perhaps serve the turn; Yet my answer is much otherwise; to wit, that such difference hath been observed, and hath very much puzzeled Astronomers to give an account of. About which you will find Mr, Horrocks (in some of his Let_ters, whereof I did formerly, upon the Command of the Royal Society, make an Extract) was very much perplexed; and was fain, for want of other relief, to have recourse to somewhat like Keplers amicable Fibres, which did according to the seve_ral positions of the Moon, accelerate or retard the Moon's motion; which amicable Fibres he had no affection to at all (as there appears) if he could any other waies give account of those little inequalities; and would much rather (I doubt not) have embraced this Notion of the Common Center of Gravity, to salve the Ph�nomenon, had it come to his mind, or been sug_gested to him. And you find, that other Astronomers have been seen to bring in (some upon one supposition, some upon ano_ther) some kind of Menstrual �quation, to solve the inequalities of the Moon's motion, according to her Synodical Revolution, or different Aspects (of New-moon, Full Moon, &c.) beside what concerns her own Periodical motion.

For which, this consideration of the Common Center of Gravity of the Earth and Moon, is so proper a remedy (especially if it shall be found precisely to answer those Ph�nomena, which I have not Examined, but am very apt to believe) that it is so far from being, with me, an Objection against it, that it is one of the reasons, which make me inclinable to introduce it.

I must before I leave this, add one Consideration more, That if we shall upon these Considerations think it reasonable, thus to consider the Common Center of Gravity of the Earth and Moon; it may as well be thought reasonable, that the like Con_sideration should be had of Jupiter and his four Satellites, which according to the Complication of their several motions, will somewhat change the position of Jupiter, as to that Common cen_ter of Gravity of all these Bodies; which yet, because of their smallness, may chance to be so little, as that, at this distance, the change of this apparent place may not be discernable. And what is said of Jupiter, is in the like manner to be understood of Saturne and his Satelles, discovered by Hugenius: For all these Satellites are to their Principals, as so many Moons to the Earth. And I do very well remember, in the Letters forecited, Mr. Horrocks expresseth some such little inequalities in Saturnes motion, of which he could not imagine what account to give, as if (to use his Expression) this crabbed Old Saturn had despi_sed his Youth. Which, for ought I know, might well enough have been accounted for, if at that time the Satelles of Saturn had been discovered, and that Mr. Horrocks had thought of such a motion as the Common Center of Gravity of Saturn and his Compa_nion, to be considerable, as to the guiding of his motion.

You have now, in obedience to your Commands, an Ac_count of my thoughts, as to this matter, though yet immature and unpolished: What use you will please to make of them, I shall leave to your prudence, &c.

An APPENDIX, written by way of Letter to the Publisher; Being an Answer to some Objections, made by several Persons, to the precedent Discourse.

I Received yours; and am very well contended, that objecti_ons be made against my Hypothesis concerning Tydes: being proposed but as a conjecture to be examined; and, upon that Examination, rectified, if there be occasion; or rejected, if it will not hold water.

1. To the first objection of those you mention; That it ap_pears not how two Bodies, that have no tye, can have one common Cen_ter of Gravity: that is (for so I understand the intendment of the objection) can act or be acted in the same manner, as if they were connected: I shall onely answer, that it is harder to shew How they have, than That they have it. That the Load_stone and Iron have somewhat equivalent to a Tye; though we see it not, yet by the effects we know. And it would be easy to shew, that two Load-stones, at once applyed, in different positions, to the same Needle, at some convenient distance; will draw it, not to point directly to either of them, but to some point between both; which point is, as to those two, the com_mon Center of Attraction; and it is the same, as if some one Load_stone were in that point. Yet have these two Load stones no connexion or tye, though a Common Center of Virtue accord_ing to which they joyntly act. And as to the present case, How the Earth and Moon are connected; I will not now un_dertake to shew (nor is it necessary to my purpose;) but, That there is somewhat, that doth connect them, (as much as what connects the Load-stone, and the Iron, which it draws,) is past doubt to those, who allow them to be carryed about by the Sun, as one Aggregate or Body, whose parts keep a respective position to one another: Like as Jupiter with his four Satellites, and Saturn with his one. Some Tye there is, that makes those Satellites attend their Lords, and move in a Body; though we do not See that Tye, nor Hear the Words of Command. And so here.

2. To the second objection; That, at Chatham and in the Thames, the Annual Spring-tydes, happen about the �quinoxes; not (as this Hypothesis doth suppose elswhere to have been observed) about the begining of February and November. If their meaning be, that Annual High Tydes, do then happen, and then onely: If this prove true, it will ease me of half my work. For it is then easi_ly answered, that it depends upon the Obliquity of the Zodiack; the parts of the �quinoctial answering to equal parts of the Zodiack, being neer the Solstitial points greatest, and near the �quinoctial points least of all. But beside this Annual Vicissi_tude of the �quinoxes, not to say, of the 4. Cardinal Points (which my Hypothesis doth allow and assert;) I believe it will be found, that there is another Annual vicissitude answering to the Suns Apog�um and Perig�um. And that the greatest Tydes of all, will be found to be upon a result of these two causes Co_operating: which (as doth the Inequality of Natural dayes, de_pending on these same causes) will light nearer the times, I mention. To what is said to be observed at Chatham and in the Thames, contrary to that I allege as observed in Rumney marsh: I must at present apechein, and refer to a melius inquirendum. If those who object this contrary observation, shall, after this no_tice, find, upon new Observations heedfully taken, that the Spring-tydes in February and November, are not so high, as those in March and September; I shall then think the objection very considerable. But I do very well remember, that I have seen in November, very high Tydes at London, as well as in Rumney Marsh. And, the time is not yet so far past, but that it may be remembered (by your self or others then in London) whether in November last when the Tydes were so high at Dover, at Deal, at Margate, and all along the Coast from thence to Rumney Marsh, as to do in some of those places much hurt, (and, in Hol_land, much more;) whether, I say, there were not also at the same time, at London, (upon the Thames) very high Tydes. But a good Diary of the Height and time both of High-water, and Low-water, for a year or two together, even at Chatham, or Greenwich; but rather at some place in the open Sea, or at the Lands end in Cornwal, or on the West parts of Ireland; or at St. Hellens, or the Bermodas, &c. would do more to the resolving of this point, than any verbal discourse without it.

3. To the third Objection, That supposing the Earth and Moon to move about a Common center of gravity; if that the highest Tydes be at the New-moon, when the moon being nearest to the Sun, the Earth is farthest from it, and its compound motion at the swiftest; and that the Tydes abate as the Earth approacheth nearer, till it comes into the supposed Circle of her Annual motion: It may be demanded; why do they not still abate as the Earth comes yet nearer to the Sun and the swiftnesse of its compound motion still slackens? And so, why have we not Spring tides at the New Moon (when the motion is swiftest) and Neap-tides at Full Moon (when the motion is slowest) but Spring tides at both? The answer (if observed) is already given in my Hy_pothesis it self. Because the effect is indifferently to follow, ei_ther upon a suddain Acceleration, or a suddain Retardation. (Like as a loose thing, lying on a moving body; if the body be thrust suddainly forward, that loose thing is cast back, or ra_ther left behind, not having yet obtained an equal impetus with that of the body, on which it lyes; but if stopped, or notably retarded, that loose incumbent is thrown forward, by its for_merly contracted impetus not yet qualified or accomodated to the slowness of the Body, on which it lyes.) Now both of these happening, the one at the New Moon, the other at the Full Moon, do cause high Tides at both.

4. To the fourth Objection, That the highest Tydes are not at all places, about the New Moon and Full Moon; and particularly, that, in some places of the East Indies, the Highest Tydes are at the Quadratures: I must first answer in general; That as to the par_ticular varieties of Tydes in several parts of the World, I can_not pretend to give a satisfactory account, for want of a com_petent History of Tydes, &c. Because (as is intimated in what I wrote in the general) the various positions of Chanels, Bays, Promontories, Gulfs, Shallows, Currents, Trade-winds, &c. must needs make an innumberable variety of Accidents in par_ticular places, of which no satisfactory account is to be given from the general Hypothesis (though never so true) without a due consideration of all those. Which is a task too great for me to undertake, being so ill furnished with materials for it. And then as to the particular instance of some places in the East Indies, where the highest Tydes are at the Quadratures: I suppose, it may be chiefly intended of those about Cambaia, and Pegu. At which places, beside that they are situate at the inmost parts of Vast Bayes, or Gulfs (as they are called) they have also vast In-draughts of some hundred Miles within Land; which when the Tydes are out, do lye (in a manner) quite dry: And may therefore very well be supposed to parti_cipate the effect of the Menstrual Tydes many dayes after the cause of them happens in the open Sea, upon a like ground as in Straights and narrow Channels the Diurnall Tydes happen some hours later than in the Ocean. And a like account must be given of particular accidents in other places, from the par_ticular situation of those places , as Bays, Chanels, Currents, &c.

5. To the 5. Objection, That the Spring-Tydes happen not, with us, just at the Full and Change, but two or three daies after. I should with the more confidence attempt an Answer, were I certain, whether it be so in the Open Seas, or onely in our Channels. For the Answers will not be the same in both cases. If onely in our Channels, where the Tydes find a large in-draught; but not in the Open Seas: we must seek the reason of it from the particular position of these places. But if it be so gene_rally in the wide Open Seas: We must then seek a reason of it from the general Hypothesis. And, till I know the matter of Fact, I know not well, which to offer at; lest whilst I attempt to salve one, I should fall foul of the other. I know that Mar_riners use to speak of Spring-Tydes at the New and Full of the Moon; though I have still had a suspition that it might be some daies after, as well in the open Seas, as in our narrower Chan_nels; (and therefore I have chosen to say, in my Papers, About the New and Full, rather than At the New and Full; and even when I do say At, I intend it in that laxer sense in which I sup_pose the Marriners are to be understood, for Neer that time:) Of which suspition you will find some intimations even in my first Papers: But this though I can admit; yet, because I was not sure of it, I durst not build upon it. The truth is, the Flux and Reflux of water in a vessel, by reason of the jogging of it; though it follow thereupon; yet is, for the most part, discernable some time after. For there must, upon that jog, be some time for Motion, before the Accumulation can have made a Tyde. And so I do not know but that we must allow it in all the Periods. For as the menstrual High Tyde, is not (at least with us) till some Daies after the Full and Change; so is the Diurnal High water, about as many Hours after the Moons comming to South; (I mean, At Sea: for in Chanels it varies to all Hours, according as they are neerer or further from the open Sea:) And the Annual High-Tydes of November and February; somewhat later than (what I conjecture to be from the same causes) the greatest In_equalities of the natural Days, happening in January and Octo_ber. But this though I can admit, yet (till I am sure of the mat_ter of Fact) I do not build upon. And since it hath hitherto been the custome to speak with that laxness of expression; as_signing the times of New-moon, Full-moon, and Quadratures, with the Moons comming to South, for, what is neer those times: I did not think my self obliged in my conjectural Hy_pothesis (while it is yet but a Candidate) to speak more nicely. If the Hypothesis for the maine of it be found Rational; the Niceties of it are to be adjusted, in time, from particular Ob_servation.

Having thus given you some Answers to the Objections you signifie to have been made by several persons to my Hypothesis, and that in the same order your Paper presents them to me: I shall next give you some account of the two Books, which you advised me to consult; so far as seems necessary to this busi_ness: Which, upon your intimation, I have since perused, though before I had not.

And first, as to that of Isaac Vossius, De motu Marium & Ventorum; Though I do not concur with him in his Hypothesis; That all the Great motions of the Seas, &c. should arise onely from so small a warming of the water as to raise it (where most of all) not a Foot in perpendicular, (as in his 12th Chapter;) Or that there is no other connexion between the Moons motion, and the Tydes menstrual period, than a casual Synchronism (which seems to be the doctrine of his 16th and 18th Chapters;) Beside ma_ny other things in his Philosophy, which I cannot allow: Yet I am well enough pleased with what is Historical in it, of the matter of Fact: Especially if I may be secure, that he is therein accurate and candid, not wresting the Ph�nomena to his own purpose. But I find nothing in it, which doth induce me to vary from my Hypothesis. For, granting his Historicals to be all true; the account of the constant Current of the Sea West_ward, and of the constant Eastern Blasts, &c. within the Tro_picks, is much more plausibly, and (I suppose) truly rendered by Galil�o long since, from the Earths Diurnal motion: (which, neare the �quator. describing a greater Circle, than nearer the Poles, makes the Current to be there more conspicuous and swift, and, consequently, the Eddy, or recurrent motion, near_er the Poles, where this is, more remiss:) than can easily be ren_dered by so small a Tumor, as he supposeth. Not to adde; that his account of the Progressive motion, which he fansieth to fol_low upon his Tumefaction, and by Acceleration to grow to so great a height near the Shoar (as in Chap. 13. and 14.) is a Notion, which seems to me too extravagant to be salved by a_ny laws of Staticks. And that of the Moons motion onely Syn_chronizing with the Tydes, casually, without any Physical con_nexion; I can very hardly assent to. For it can hardly be imagined, that any such constant Synchronisme should be in Nature; but where, either the one is the cause of the other, or both depend upon some Common cause. And where we see so fair a foundation for a Physical connection. I am not prone to a_scribe it to an Independent Synchronism. In sum; His History doth well enough agree with my Hypothesis; and I think, the Ph�nomena are much better salved by mine, than his.

And then as to Gassendus, in his discourse De �stu Maris; I find him, after the relating of many other Opinions concerning the Cause of it, inclining to that of Galil�o, ascribing it to the Accele_ration & Retardation of the Earths motion, compounded of the Annual and Diurnal; And moreover attempting to give an ac_count of the Menstrual Periods from the Earths carrying the Moon about it self, as Jupiter doth his Satellites; which together with them is carryed about by the Sun, as one Aggregate; (and that the Earth with its Moon is to be supposed in like manner to be carried about by the Sun, as one Aggregate, cannot be rea_sonably doubted, by those who entertain the Copernican Hypo_thesis, and do allow the same of Jupiter and his Satellites.) But though he would thus have the Earth and Moon looked upon as two parts of the same moved Aggregate, yet he doth still sup_pose (as Galil�o had done before him) that the line of the Mean Motion of this Aggregate (or, as he calls, motus �quabi_lis et veluti medius) is described by the Center of the Earth (about which Center he supposeth both its own revolution to be made, and an Epicycle described by the Moons motion;) not by ano_ther Point, distinct from the Centers of both, about which, as the common Center of Gravity, as well that of the Earth, as that of the Moon, are to describe several Epicycles. And, for that Reason fails of giving any clear account of this Menstrual Pe_riod. (And in like manner, he proposeth the Consideration as well of the Earths Aphelium and Perihelium, as of the �quinocti_al and Solsticial Points, in order to the finding a Reason of the Annual Vicissitudes; but doth not fix upon any thing, in which himself can Acquiesce: And therefore leaves it in medio as he found it.)

It had been more agreeable to the Laws of Staticks, if he had, (as I do,) so considered the Earth and Moon as two parts of the same movable, (not so, as he doth, aliam in Centro et se_quentem pr�cise revolutionem axis, aliam remotius ac velut in circum_ferentia, but,) so, as to make neither of them the Center, but both out of it, describing Epicycles about it: Like as, when a long stick thrown into the Air, whose one end is heavyer than the other, is whirled about, so as that the End, which did first fly foremost, becomes hindmost; the proper line of motion of this whole Body is not that, which is described by either End, but that, which is described by a middle point between them; about which point each end, in whirling, described an Epicycle. And indeed, in the present case, it is not the Epicycle described by the Moon, but that, described by the Earth, which gives the Menstrual Vicissitudes of motion to the Water; which would, as to this, be the same, if the Earth so move, whether there were any Moon to move or not; nor would the Moons Motion, sup_posing the Earth to hold on its own course, any whit concern the motion of the Water.

But now, (after all our Physical, or Statical Considerations) the clearest Evidence for this Hypothesis (if it can be had) will be from Celestial Observations. As for instance; (see Fig. 5.) Sup_posing the Sun at S; the Earths place in its Annual Orb at T; and Mars (in opposition to the Sun, or near it) at M: From whence Mars should appear in the Zodiack at &ggr;, and will at Full moon be seen there to be; the Moon being at C and the Earth at c: (and the like at the New-moon.) But if the Moon be in the First quarter at A, and the Earth at a; Mars will be seen, not at &ggr;, but at &agr;; too slow: And when the Moon is at B, and the Earth at b, Mars will be seen at &bgr;; yet too slow: till at the Fullmoon, the Moon at C, the Earth at c, Mars will be seen at &ggr;, its true place, as if the Earth were at T. But then, after the Full, the Moon at D, the Earth at d; Mars will be seen, not at &ggr;, but at &dgr;; too forward: and yet more, when the Moon (at the last Quarter) is at E, the Earth at e, and Mars seen at &egr;. If there_fore Mars (when in opposition to the Sun) be found (all other allowances being made) somewhat too backward before the Full moon, and somewhat too forward after the Full-moon, (and most of all, at the Quadratures:) it will be the best con_firmation of the Hypothesis. (The like may be fitted to Mars in other positions, mutatis mutandis; and so for the other Pla_nets.)

But this proof, is of like nature as that of the Parallaxis of the Earths Annual Orb to prove the Copernican Hypothesis. If it can be observed, it proves the Affirmative; but if it cannot be observed, it doth not convince the Negative, but only proves that the Semidiameter of the Earths Epicycle is so small as not to make any discernable Parallax. And indeed, I doubt, that will be the issue. For the Semidiameter of this Epicylce, being little more than the Semidiameter of the Earth it self, or about 1 1/3 thereof (as is conjectured, in the Hypothesis, from the Mag_nitudes and Distances of the Earth and Moon compared;) and there having not as yet been observed any discernable Parallax of Mars, even in his neerest position to the Earth; it is very suspicious, that here it may prove so too. And whether any of the other Planets will be more favourable in this point, I can_not say.

ANIMADVERSIONS of Dr. Wallis, upon Mr. Hobs's late Book, De Principiis & Ratiocinatione Geometrarum.

These were communicated by way of Letter, written in Ox_ford, July 24. 1666. to an Acquaintance of the Author, as fol_lows:

SInce I saw you last, I have read over Mr. Hobs's Book Contra Geometras (or De Principiis & Ratiocinatione Geometrarum) which you then shewed me. A New Book of Old matter: Containing but a Repetition of what he had before told us, more than once; and which hath been Answered long agoe.

In which, though there be Faults enough to offer ample matter for a large Confutation: yet I am scarce inclined to be_lieve, that any will bestow so much pains upon it. For, if that be true, which (in his Preface) he saith of himself, Aut solus in_sanio Ego, aut solus non insanio: it would either be Needless, or to no Purpose. For, by his own confession, All others, if they be not mad themselves, ought to think Him so: And therefore, as to Them, a Confutation would be needless; who, its like, are well enough satisfied already: at least out of danger of being sedu_ced. And, as to himself, it would be to no purpose. For, if He be the Mad man, it is not to be hoped that he will be convinced by Reason: Or, if All We be so; we are in no capacity to attempt it.

But there is yet another Reason, why I think it not to need a Confutation. Because what is in it, hath been sufficiently con_futed already; (and, so Effectually; as that he professeth him_self not to Hope, that This Age is like to give sentence for him; what ever Nondum imbuta Posteritas may do.) Nor doth there appear any Reason, why he should again Repeat it, unless he can hope, That, what was at first False, may by oft Repeating become True.

I shall therefore, instead of a large Answer, onely give you a brief Account, what is in it; &, where it hath been already Answered.

The chief of what he hath to say, in his first 10 Chapters, a_gainst Euclids Definitions, amounts but to this, That he thinks, Euclide ought to have allowed his Point some Bigness; his Line, some Breadth; and his Surface, some Thickness.

But where in his Dialogues, pag. 151, 152. he solemnly under_takes to Demonstrate it; (for it is there, his 41th Proposition:) his Demonstration amounts to no more but this; That, unless a Line be allowed some Latitude; it is not possible that his Quadratures can be True. For finding himself reduced to these inconveni_ences; 1. That his Geometrical Constructions, would not consist with Arithmetical calculations, nor with what Archimedes and others have long since demonstrated: 2. That the Arch of a Circle must be allowed to be sometimes Shorter than its Chord, and sometimes longer than its Tangent: 3. That the same Straight Line must be allowed, at one place onely to Touch, and at another place to Cut the same Circle: (with others of like nature;) He findes it necessary, that these things may not seem Absurd, to allow his Lines some Breadth, (that so, as he speaks, While a Straight Line with its Out-side doth at one place Touch the Circle, it may with its In-side at another place Cut it, &c.) But I should sooner take this to be a Confutation of His Quadra_tures, than a Demonstration of the Breadth of a (Mathematical) Line. Of which, see my Hobbius Heauton-timorumenus, from pag. 114. to p. 119.

And what he now Adds, being to this purpose; That though Euclid's Sēmeion, which we translate, a Point, be not indeed Nomen Quanti; yet cannot this be actually represented by any thing, but what will have some Magnitude; nor can a Painter, no not Apelles himself, draw a Line so small, but that it will have some Breadth; nor can Thread be spun so Fine, but that it will have some Bigness; (pag. 2, 3, 19, 21.) is nothing to the Business; For Euclide doth not speak either of such Points, or of such Lines.

He should rather have considered of his own Expedient, pag. 11. That, when one of his (broad) Lines, passing through one of his (great) Points, is supposed to cut another Line propo_sed, into two equal parts; we are to understand, the Middle of the breadth of that Line, passing through the middle of that Point, to distinguish the Line given into two equal parts. And he should then have considered further, that Euclide, by a Line, means no more than what Mr. Hobs would call the middle of the breadth of his; and Euclide's Point, is but the Middle of Mr. Hobs's. And then, for the same reason, that Mr. Hobs's Middle must be said to have no Magnitude; (For else, not the whole Middle, but the Middle of the Middle, will be in the Middle: And, the Whole will not be equal to its Two Halves; but Bigger than Both, by so much as the Middle comes to:) Euclide's Lines must as well be said to have no Breadth; and his Points no Bigness.

In like manner, When Euclide and others do make the Terme or End of a Line, a Point: If this Point have Parts or Greatness, then not the Point, but the Outer-Half of this Point ends the Line, (for, that the Inner-Half of that Point is not at the End, is manifest, because the Outer-Half is beyond it:) And again, if that Outer Half have Parts also; not this, but the Outer part of it, and again the Outer part of that Outer part, (and so in infinitum.) So that, as long as Any thing of Line remains, we are not yet at the End: And consequently, if we must have passed the whole Length, before we be at the End; then that End (or Punctum terminans) has nothing of Length; (for, when the whole Length is past, there is nothing of it left. And if Mr. Hobs tells us (as pag. 3.) that this End is not Punctum, but only Signum (which he does allow non esse nomen Quanti) even this will serve our turn well enough. Eu_clid's Sēmeion, which some Interpreters render by Signum, other have thought fit (with Tully) to call Punctum: But if Mr. Hobs like not that same, we will not contend about it. Let it be Pun_ctum, or let it be Signum (or, if he please, he may call it Vexillum.) But then he is to remember, that this is only a Controversie in Grammar, not in Mathematicks: And his Book should have been intituled Contra Grammaticos, not, Contra Geometras. Nor is it Eu_clide, but Cicero, that is concern'd, in rendring the Greek Sēmeion, by the Latine Punctum, not by Mr. Hobs's Signum. The Mathema_tician is equally content with either word.

What he saith here, Chap. 8. & 19. (and in his fifth Dial. p. 105. &c.) concerning the Angle of Contact; amounts but to thus much, That, by the Angle of Contact, he doth not mean either what Eu_clide calls an Angle, or any thing of that kind; (and therefore says nothing to the purpose of what was in controversie between Clavius and Peletarius, when he says, that An Angle of Contact hath some magnitude:) But, that by the Angle of Contact, he understands the Crookedness of the Arch; and in saying, the Angle of Contact hath some magnitude, his meaning is, that the Arch of a Circle hath some crookedness, or, is a crooked line: and that, of equal Arches, That is the more crooked, whose chord is shortest: which I think none will deny; (for who ever doubted, but that a circular Arch is crook_ed? or, that, of such Arches, equal in length, That is the more crooked, whose ends by bowing are brought nearest together?) But, why the Crookedness of an Arch, should be called an Angle of Contact; I know no other reason, but, because Mr. Hobs loves to call that Chalk, which others call Cheese. Of this see my Hobbius Heauton-timoru_menus, from pag. 88. to p. 100.

What he saith here of Rations or Proportions, and their Calculus; for 8. Chapters together, (Chap. 11. &c.,) is but the same for substance, what he had formerly said in his 4th. Dialogue, and elsewhere. To which you may see a full Answer, in my Hobbius Heauton-tim. from pag. 49. to p. 88. which I need not here repeat.

Onely (as a Specimen of Mr. Hobs's Candour, in Falsificati_ons) you may by the way observe, how he deals with a Demon_stration of Mr. Rook's, in confutation of Mr. Hobs's Duplication of the Cube: Which when he had repeated, pag. 43. He doth then (that it might seem absurd) change those words, �quales quatuor cubis DV; (pag. 43. line 33.) into these (p. 44. l. 5.) �qualia qua_tuor Lineis, nempe quadruplus Rect� DV: And would thence perswade you, that Mr. Rook had assigned a Solide, equal to a Line. But Mr. Rook's Demon_stration was clear enough for Mr. Hobs's Comment. Nor do I know any Ma_thematician (unless you take Mr. Hobs to be one) who thinks that a Line multiplyed by a Number will make a Square; (what ever Mr. Hobs is pleased to teach us.) But, That a Number multiplyed by a Number, may make a Square Number; and, That a Line drawn into a Line may make a square Fi_gure, Mr. Hobs (if he were, what he would be thought to be) might have known before now. Or, (if he had not before known it) he might have learned, (by what I shew him upon a like occasion, in my Hob. Heaut. pag. 142. 143. 144.) How to understand that Language, without an Absurdity.

Just in the same manner he doth, in the next page, deal with Clavius. For having given us his words, pag. 45. l. 3. 4. Dico hanc Lineam Perpendicula_rem extra circulum cadere (because neither intra Circulum, nor in Periphe_ria;) He doth, when he would shew an errour, first make one, by falsifying his words, line 15. where instead of Lineam Perpendicularem, he substi_tutes Punctum A. As if Euclide or Clavius had denyed the Point A. (the utmost point of the Radius,) to be in the Circumference: Or, as if Mr. Hobs, by proving the Point A, to be in the Circumference, had thereby proved, that the Perpendicular Tangent A E had also lyen in the Circumference of the Circle. But this is a Trade, which Mr. Hobs doth drive so often, as if he were as well faulty in his Morals, as in his Mathematicks.

The Quadrature of a Circle, which here he gives us, Chap. 20. 21. 23. is one of those Twelve of his, which in my Hobbius Heauton-timorumenus (from pag. 104 to pag. 119) are already confuted: And is the Ninth in order (as I there rank them) which is particularly considered, pag. 106. 107. 108. I call it One, because he takes it so to be; though it might as well be called Two. For, as there, so here, it consisteth of Two branches, which are Both False; and each overthrow the other. For if the Arch of a Quadrant be equal to the Aggregate of the Semidiameter and of the Tangent of 30. Degrees, (as he would Here have it, in Chap. 20. and There, in the close of Prop. 27;) Then is it not equal to that Line, whose Square is equal to Ten squares of the Semiradius, (as, There, he would have it, in Prop. 28. and, Here, in Chap. 23.) And if it be equal to This, then not to That. For This, and That, are not equal: As I then demonstrated; and need not now repeat it.

The grand Fault of his Demonstration (Chap. 20.) wherewith he would now New-vamp his old False quadrature; lyes in those words Page 49. line 30, 31. Quod Impossibile est nisi ba transeat per c. which is no impossibility at all. For though he first bid us draw the Line Rc, and afterwards the Line Rd; Yet, Because he hath no where proved (nor is it true) that these two are the same Line; (that is, that the point d lyes in the Line Rc, or that Rc passeth through d:) His proving that Rd cuts off from ab a Line equal to the line of Bc, doth not prove, that ab passeth through c: For this it may well do, though ab lye under c. (vid. in case d lye beyond the line Rc, that is, further from A:) or though it lye above c, (vid. in case d be nearer, than Rc, to the point A.) And therefore, unless he first prove (which he cannot do) that Ad (a sixth part of AD) doth just reach to the line Rc and no further; he onely proves that a sixth part of ab is equal to the Line of Bc. But, whether it lye above it, or below it, or (as Mr. Hobs would have it) just upon it; this argument doth not conclude. (And therefore Hugenius's assertion, which Mr. Hobs, Chap. 21. would have give way to this Demonstration, doth, notwithstanding this, remain safe enough.

His demonstration of Chap 23. (where he would prove, that the aggregate of the Radius and of the Tangent of 30. Degrees is equal to a Line, whose square is equal to 10 Squares of the Semiradius;) is confuted not only by me, (in the place forecited; where this is proved to be impossible;) but by himself also, in this same Chap. pag. 59 (where he proves sufficiently and doth confesse, that this demonstration, and the 47. Prop. of the first of Euclide, cannot be both true.) But, (which is worst of all;) whether Euclid's Proposition be False or True, his demonstration must needs be False. For he is in this Dilemma: If that Proposition be True, his demonstration is False, for he grants that they cannot be both True, page 59 line 21. 22. And again, if that Proposition be False, his Demonstration is so too; for This depends upon That, page 55. line 22 and therefore must fall with it.

But the Fault is obvious in His Demonstration (not in Euclid's Proposition:) The grand Fault of it (though there are more) lyes in those words, page 56. line 26. Erit ergo M O minus quam M R. Where, instead of minus, he should have said majus. And when he hath mended that Error; he will find, that the major in page 56 line penult, will very well agree with majorem in page 57. line 1 (where the Printer hath already mended the Fault to his hand) and then the Falsum ergo will vanish.

His Section of an Angle in ratione data; Chap 22 hath no other founda_tion, than his supposed Quadrature of Chap. 20. And therefore, that being false; this must fall with it. It is just the same with that of his 6. Dialogue. Prop. 46. which (besides that it wants a foundation) how absurd it is, I have already shewed; in my Hobbius Heauton timor. page 119. 120.

His Appendix, wherein he undertakes to shew a Method of finding any number of mean Proportionals, between two Lines given: Depends upon the supposed Truth of his 22. Chapter; about Dividing an Arch in any proportion given: (As himself professeth: and as is evident by the Construction; which supposeth such a Section.) And therefore, that failing, this falls with it.

And yet this is otherwise faulty, though that should be supposed True. For, In the first Demonstration; page 67. line 12. Producta Lf incidet in I; is not proved; nor doth it follow from his Quoniam igitur.

In the second Demonstration; page 68. line 34. 35. Recta Lf incidit in x; is not proved; nor doth it follow from his Quare.

In his third Demonstration; page 71: line 7. Producta YP transibit per M; is said gratis; nor is any proof offered for it. And so this whole struc_ture falls to the ground. And withall, the Prop. 47. El. 1 doth still stand fast (which he tells us, page 59, 61, 78. must have Fallen, if his Demonstrations had stood:) And so, Geometry and Arthemetick do still agree, which (he tells us, page 78: line 10.) had otherwise been at odds.

And this (though much more might have been said,) is as much as need to be said against that Piece.

&horbar Printed with Licence for John Martyn, and James Allestry, Printers to the Royal Society. |CSC |Y1674 AN ATTEMPT To prove the MOTION OF THE EARTH FROM Observations MADE BY Robert Hooke Fellow of the Royal Society. &horbar Senec. Nat. Qu. lib. I. cap. 30. N� miremur tam tard� erui qu� tam alt� jacent. &horbar LONDON, Printed by T. R. for John Martyn Printer to the Royal Society, at the Bell in St. Pauls Church-yard. 1674.

TO THE TRULY HONORABLE Sir John Cutler KNIGHT and BARONET, My Worthy Patron. SIR,

AMong several Eminent Marks of your Greatness of Mind for promoting the Publick Good, that of your Bounty for the Advancement of Ex_perimental and Real Knowledge, by the Founding a Physico-Mechanical Lecture, deserves to be Recorded as One, and more especially by me whom you have honoured by establishing your first Lecturer. As an Earnest of others more considerable shortly to follow, I here present you with one of my Discourses in that Employment, which though short and plain, conteins somewhat of Information which the Learned have hi_therto desired, though almost with despair. As I hope their kind Acceptance will pro_duce their thanks to you to whom they are justly due, so your Acceptance will incou_rage me in the further prosecution of these Inquiries to approve my self,

Noble Sir, Your most oblidged, and most humble Servant Robert Hooke.From Gresham Colledge, March 25. 1674.

Reader,

I Have formerly in the Preface of my Micrographia given the World an account of the founding a Phy_sico-Mechanical Lecture in the Year 1665, by Sir John Cutler, for the promoting the History of Na_ture and of Art. In prosecution thereof, I have collected many Observations both of the one and the other kind, and from time to time (as obliged) I have acquainted the Royal Society at their Publick Meetings, both at Gresham Col_ledge and Arundel House therewith; by Discourses and Lectures thereupon.

Now in order to the further promoting the End and De_sign of this Lecture, I have complyed, with the desire of several of my Friends (though otherwise not thereunto obli_ged) to commit divers of those Discourses to the Publick, though of themselves for the most part incompleat, and Es_sayes or Attempts only upon several Subjects which have no dependencie or coherencie one with another. In the do_ing hereof, I design to avoid any kind of Method or Order that may require Apologies, Prefaces, or needless Repetitions of what is already known, or might have been said upon that Occasion, or may necessitate me to follow this or that Subject, that doth not some way or other offer it self as it were, and prompt me to the consideration thereof. But because they may possibly admit of some better order hereafter, I design to print them all of the same Volume, that so they may be, when ranged, either stitched or bound together, and may, as occasion requires, be referred to under the Title of their Num_ber and Page. This way I chuse as the best for promoting the Design of this Lecture; for as there is scarce one Subject of millions that may be pitched upon, but to write an exact and compleat History thereof, would require the whole time and attention of a mans life, and some thousands of Inven_tions and Observations to accomplish it: So on the other side no man is able to say that he will compleat this or that In_quiry, whatever it be, (The greatest part of Invention be_ing but a luckey hitt of chance, for the most part not in our own power, and like the wind, the Spirit of Invention blow_eth where and when it listeth, and we scarce know whence it came, or whether 'tis gone.) 'Twill be much better therefore to imbrace the influences of Providence, and to be dili_gent in the inquiry of every thing we meet with. For we shall quickly find that the number of considerable Observa_tions and Inventions this way collected, will a hundred fold out-strip those that are found by Design. No man but hath some luckey hitts and useful thoughts on this or that Subject he is conversant about, the regarding and communicating of which, might be a means to other Persons highly to improve them. Whence 'twere much to be wished, that others would take this Method in their Publications, and not torment their Readers with such nauseous Repetitions, and frivolous Apologies, as Method and Volumes do necessitate them to; But would rather inrich the Store-house of Art and Nature with choice and excellent Seed, freed from the Chaff and Dross that do otherwise bury and corrupt it.

The communicating such happy Thoughts and Occurences need not much take up a mans time to fit it for the Press; the Relation being so much the better the plainer it is. And matter of Fact being the Kernel Readers generally desire (at least in these Subjects) it will be so much the readier for use if it be freed from the thick and hard shell of Impertinences. This way also is more grateful both to the Writer and the Reader, who proceed with a fresh stomach upon variety, but would be weary and dull'd if necessitated to dwell too long upon one Subject. There are other conveniencies also in this Method of Communication not less considerable then the former, amongst the rest the securing of Inventions to their first Authors, which 'tis hardly possible to do by any o_ther means; for there are a sort of Persons that make it their business to pump and spy out others Inventions, that they may vend them to Traders of that kind, who think they do inge_nuously to print them for their own, since they have bought and paid for them. Of this there have lately been some In_stances, and more may be expected, if this way prevent not.

When things cannot be well explained by words only (which is frequent in Mathematical and Mechanical Dis_courses) I adde Schemes and delineatious Descriptions of that kind being easier to be made and understood. As near as I can I omit the repeating things already printed, and indeavour to deliver such as are new and my own, being my self best pleased with such usage from other Authors.

I have begun with a Discourse composed and read in Gresham Colledge in the Year 1670. when I designed to have printed it, but was diverted by the advice of some Friends to stay the repeating the Observation, rather then publish it upon the Experience of one Year only. But finding that Sickness hath hitherto hindered me from repeating the Tryals, and that some Years Observations have already been lost by the first delay: I do rather hast it out now, though imperfect, then detain it for a better compleating, hoping it may be at least a Hint to others to prosecute and compleat the Observation, which I much long for.

This first Discourse is upon an Observation of Nature, and may therefore be properly referred to that Head, though it contein also somewhat of the Improvement of Art: The second speedily to follow, will more properly be referrable to Artificial Improvements, though it will contein also ma_ny Observations of Nature; and I design alwayes to make them follow each other by turns, and as 'twere to interweave them, being apart but like the Warp or Woof before contex_ture, unfit either to Cloth, or adorn the Body of Philosophy.

AN ATTEMPT To prove the Motion of the EARTH BY OBSERVATIONS.

WHether the Earth move or stand still hath been a Problem, that since Copernicus revi_ved it, hath much exercised the Wits our best modern Astronomers and Philosophers, amongst which notwithstanding there hath not been any one who hath found out a cer_tain manifestation either of the one or the other Doctrine. The more knowing and judicious have for many plausible reasons adhered to the Coperni_can Hypothesis: But the generality of others, either out of ig_norance or prejudice, have rejected it as a most extravagant o_pinion. To those indeed who understand not the grounds and principles of Astronomy, the prejudice of common converse doth make it seem so absurd, that a man shall as soon perswade them that the Sun doth not shine, as that it doth not move; and as easily move the Earth as make them believe that it do's so al_ready. For such Persons I cannot suppose that they should under_stand the cogency of the Reasons here presented, drawn from the following observations of Parallax, much less therefore can I expect their belief and assent thereunto; to them I have only this to say, 'Tis not here my business to instruct them in the first prin_ciples of Astronomy, there being already Introductions enough for that purpose: But rather to furnish the Learned with an ex_perimentum crucis to determine between the Tychonick and Coperni_can Hypotheses. That which hath hitherto continued the dispute hath been the plausibleness of some Arguments alledged by the one and the other party, with such who have been by nature or education prejudiced to this or that way. For to one that hath been conversant only with illiterate persons, or such as understand not the principles of Astronomy and Geometry, and have had no true notion of the vastness of the Universe, and the ex_ceeding minuteness of the Globe of the Earth in comparison there_with, who have confined their imaginations & fancies only with_in the compass and pale of their own walk and prospect, who can scarce imagine that the Earth is globous, but rather like some of old, imagine it to be a round plain covered with the Sky as with a Hemisphere, and the Sun, Moon, and Stars to be holes through it by which the Light of Heaven comes down; that suppose themselves in the center of this plain, and that the Sky doth touch that plain round the edges, supported in part by the Mountains; that suppose the Sun as big as a Sieve, and the Moon as a Chedder Cheese, and hardly a mile off. That wonder why the Sun, Moon, and Stars do not fall down like Hail-stones; and that will be martyr'd rather then grant that there may be Anti_podes, believing it absolutely impossible, since they must necessa_rily fall down into the Abyss below them: For how can they go with their feet towards ours, and their heads downwards, with_out making their brains addle. To one I say, thus prejudiced with these and a thousand other fancies and opinions more ridiculous and absurd to knowing men, who can ever imagine that the uni_formity and harmony of the Celestial bodies and motions, should be an Argument prevalent to perswade that the Earth moves a_bout the Sun: Whereas that Hypothesis which shews how to salve the appearances by the rest of the Earth and the motion of the Heavens, seems generally so plausible that none of these can resist it.

Now though it may be said, 'Tis not only those but great Geometricians, Astronomers and Philosophers have also adhe_red to that side, yet generally the reason is the very same. For most of those, when young, have been imbued with principles as gross and rude as those of the Vulgar, especially as to the frame and fabrick of the World, which leave so deep an im_pression upon the fancy, that they are not without great pain and trouble obliterated: Others, as a further confirmation in their childish opinion, have been instructed in the Ptolomaick or Ti_chonick System, and by the Authority of their Tutors, over-awed into a belief, if not a veneration thereof: Whence for the most part such persons will not indure to hear Arguments against it, and if they do, 'tis only to find Answers to confute them.

On the other side, some out of a contradicting nature to their Tutors; others, by as great a prejudice of institution; and some few others upon better reasoned grounds, from the proportion and harmony of the World, cannot but imbrace the Copernican Arguments, as demonstrations that the Earth moves, and that the Sun and Stars stand still.

I confess there is somewhat of reason on both sides, but there is also something of prejudice even on that side that seems the most rational. For by way of objection, what way of de_monstration have we that the frame and constitution of the World is so harmo_nious according to our notion of its harmony, as we suppose? Is there not a possibility that the things may be otherwise? nay, is there not something of probability? may not the Sun move as Ticho supposes, and the Planets make their Revolutions about it whilst the Earth stands still, and by its magnetism attracts the Sun, and so keeps him moving about it, whilst at the same time &mercury; and &venus; move about the Sun, after the same manner as &saturn; and &jupiter; move about the Sun whilst the Satellites move about them? especially since it is not demonstrated with_out much art and difficulty, and taking many things for granted which are hard to be proved, that there is any body in the U_niverse more considerable then the Earth we tread on. Is there not much reason for the Hypothesis of Ticho at least, when he with all the accurateness that he arrived to with his vast Instruments, or Riccioli, who pretends much to out-strip him, were not able to find any sensible Parallax of the Earths Orb among the fixt Stars, especially if the observations upon which they ground their assertions, were made to the accurateness of some few Seconds? What then, though we have a Chimera or Idea of perfection and harmony in that Hypothesis we pitch upon, may there not be a much greater harmony and proportion in the constitution it self which we know not, though it be quite differing from what we fancy? Probable Arguments might thus have been urged both on the one and the other side to the Worlds end; but there never was nor could have been any determina_tion of the Controversie, without some positive observation for determining whether there were a Parallax or no of the Orb of the Earth; This Ticho and Riccioli affirm in the Negative, that there is none at all: But I do affirm there is no one that can either prove that there is, or that there is not any Parallax of that Orb amongst the fixt Stars from the Suppellex of observations yet made either by Ticho, Riccioli, or any other Writer that I have yet met with from the beginning of writing to this day. For all Observators having hitherto made use of the naked eye for determining the exact place of the object, and the eye being un_able to distinguish any angle less then a minute, and an obser_vation requisite to determine this requiring a much greater ex_actness then to a minute, it doth necessarily follow that this experimentum crucis was not in their power, whatever either Ticho or Riccioli have said to the contrary, and would thence overthrow the Copernican System, and establish their own. We are not therefore wholly to acquiess in their determination, since if we examine more nicely into the observations made by them, together with their Instruments and wayes of using them, we shall find that their performances thereby were far otherwise then what they would seem to make us believe. The Controversie therefore notwithstanding all that hath been said either by the one or by the other Party, remains yet undeter_mined, Whether the Earth move about the Sun, or the Sun about the Earth; and all the Arguments alledged either on this or that side, are but probabilities at best, and admit not of a necessa_ry and positive conclusion. Nor is there indeed any other means left for humane industry to determine it, save this one which I have endeavoured to make; and the unquestionable certainty thereof is a most undenyable Argument of the truth of the Copernican Systeme; and the want thereof hath been the principal Argument that hath hitherto somewhat detained me from declaring absolutely for that Hypothesis, for though it doth in every particular almost seem to solve the appearances more naturally and easily, and to afford an exceeding harmoni_ous constitution of the great bodies of the World compared one with another, as to their magnitudes, motions, and di_stances, yet this objection was alwayes very plausible to most men, that it is affirmed by such as have written more particular_ly of this subject, that there never was any sensible Parallax dis_covered by the best observations of this supposed annual mo_tion of the Earth about the Sun as its center, though moved in an Orb whose Diameter is by the greatest number of Astrono_mers reckoned between 11 and 12 hundred Diameters of the Earth: Though some others make it between 3 and 4 thousand; others between 7 and 8; and others between 14 and 15 thou_sands; and I am apt to believe it may be yet much more, each Diameter of the Earth being supposed to be between 7 and 8 thousand English miles, and consequently the whole being re_duced into miles, if we reckon with the most, amounting to 120 millions of English miles. It cannot, I confess, but seem ve_ry uncouth and strange to such as have been used to confine the World with less dimensions, that this annual Orb of the Earth of so vast a magnitude, should have no sensible Parallax amongst the fixt Stars, and therefore 'twas in vain to indeavour to an_swer that objection. For it is unreasonable to expect that the fancies of most men should be so far streined beyond their nar_row dimensions, as to make them believe the extent of the Universe so immensly great as they must have granted it to be, sup_posing no Parallax could have been found.

The Inquisitive Jesuit Riccioli has taken great pains by 77 Arguments to overthrow the Copernican Hypothesis, and is therein so earnest and zealous, that though otherwise a very learned man and good Astronomer, he seems to believe his own Arguments; but all his other 76 Arguments might have been spared as to most men, if upon making observations as I have done, he could have proved there had been no sensible Paral_lax this way discoverable, as I believe this one Discovery will answer them, and 77 more, if so many can be thought of and produced against it. Though yet I confess had I fail'd in disco_vering a Parallax this way, as to my own thoughts and perswa_sion, the almost infinite extension of the Universe had not to me seem'd altogether so great an absurdity to be believed as the Generality do esteem it; for since 'tis confessedly granted on all hands the distance of the fixt Stars is meerly hypothetical, and not founded on any other ground or reason but fancy and suppo_sition, and that there never was hitherto any Parallax observed, nor any other considerable Argument to prove the distances sup_posed by such as have been most curious and inquisitive in that particular, I see no Argument drawn from the nature of the thing that can have any necessary force in it to determine that the said distance cannot be more then this or that, whatever it be that is assigned. For the same God that did make this World that we would thus limit and bound, could as easily make it millions of millions of times bigger, as of that quantity we imagine; and all the other appearances except this of Parallax would be the very same that now they are. To me indeed the Universe seems to be vastly bigger then 'tis hitherto asserted by any Writer, when I consider the many differing magnitudes of the fixt Stars, and the continual increase of their number according as they are looked after with better and longer Telescopes. And could we certainly determine and measure their Diameters, and di_stinguish what part of their appearing magnitude were to be at_tributed to their bulk, and what to their brightness, I am apt to believe we should make another distribution of their magni_tudes, then what is already made by Ptolomy, Ticho, Kepler, Bayer, Clavius, Grienbergerus, Piff, Hevelius and o_thers.

For supposing all the fixt Stars as so many Suns, and each of them to have a Sphere of activity or expansion pro_portionate to their solidity and activity, and a bigger and brighter bodied Star to have a proportionate bigger space or expansion belonging to it, we should from the knowledge of their Diameters and brightnesses be better able to judge of their distances, and consequently assign divers of them other magnitudes then those already stated: Especially since we now find by observations, that of those which are ac_counted single Stars, divers prove a congeries of many Stars, though from their near appearing to each other, the naked eye cannot distinguish them; Such as those Stars which are called Nebulous, and those in Orion Sword, and that in the head of Aries, and a multitude of others the Telescope doth now detect. And possibly we may find that those twenty magnitudes of Stars now discovered by a fifteen foot Glass, may be found to increase the magnitude of the Semidiameter of the visible World, fourty times bigger then the Copernicans now suppose it between the Sun and the fixt Stars, and consequently sixty four thousand times in bulk. And if a Telescope of double or treble the good_ness of one of fifteen should discover double or treble the said number of magnitudes, would it not be an Argument of doubling or trebling the former Diameter, and of in_creasing the bulk eight or twenty seven times. Especially if their apparent Diameters shall be found reciprocal to their Di_stances (for the determination of which I did make some ob_servations, and design to compleat with what speed I am able.) But to digress no further, This grand objection of the Anti_copernicans, which to most men seem'd so plausible, that it was in vain to oppose it, though, I say, it kept me from declaring absolutely for the Copernican Hypothesis, yet I never found any absurdity or impossibility that followed thereupon: And I alwayes suspected that though some great Astronomers had as_serted that there was no Parallax to be found by their observati_ons, though made with great accurateness, there might yet be a possibility that they might be mistaken; which made me al_wayes look upon it as an inquiry well worth examining: first, Whether the wayes they had already attempted were not subject and lyable to great errors and uncertainties: and secondly, Whether there might not be some other wayes found out which should be free from all the exceptions the former were incum_bred with, and be so far advanced beyond the former in cer_tainty and accurateness, as that from the diligent and curious use thereof, not only all the objections against the former might be removed, but all other whatsoever that were material to prove the ineffectualness thereof for this purpose.

I began therefore first to examine into the matter as it had al_ready been performed by those who had asserted no sensible Pa_rallax of the annual Orb of the Earth, and quickly found that (whatever they asserted) they could never determine whether there were any or no Parallax of this annual Orb; especially if it were less then a minute, which Kepler and Riccioli hypotheti_cally affirm it to be: The former making it about twenty four Seconds, and the latter about ten. For though Ticho, a man of unquestionable truth in his assertions, affirm it possible to observe with large Instruments, conveniently mounted and fur_nished with sights contrived by himself (and now the common ones for Astronomical Instruments) to the accurateness of ten Seconds; and though Riccioli and his ingenious and accurate Companion Grimaldi affirm it possible to make observations by their way, with the naked edge to the accurateness of five Se_conds; Yet Kepler did affirm, and that justly, that 'twas im_possible to be sure to a less Angle then 12 Seconds: And I from my own experience do find it exceeding difficult by any of the common sights yet used to be sure to a minute. I quickly concluded therefore that all their endeavours must have hitherto been ineffectual to this purpose, and that they had not been less imposed on themselves, then they had deceived others by their mistaken observations. And this mistake I found proceeded from divers inconveniencies their wayes of observations were lyable to. As first from the shrinking and stretching of the mate_rials wherewith their Instruments were made, I conceive a much greater angle then that of a minute may be mistaken in taking an altitude of fifty Degrees. For if the Instruments be made of Wood, 'tis manifest that moyst weather will make the frame stretch, and dry weather will make it shrink a much greater quantity then to vary a minute: and if it be Metal, unless it be provided for in the fabrick of the Instrument accordingly, the heat of Summer, when the Summer observations are to be made, will make the Quadrant swell, and the cold of Winter will make it shrink much more then to vary a minute: Both which inconveniencies ought to be removed. Next the bending and warp_ing of an Instrument by its own weight, will make a very con_siderable alteration. And thirdly, the common way of Divisi_on is also lyable to many inconveniencies: And 'tis hardly pos_sible to ascertain all the subdivisions of Degrees into minutes for the whole Quadrant, though that be not altogether impos_sible. But I will suppose that they did foresee, and in some manner prevent all these inconveniencies, especially Ticho and Riccioli, who seem to have been aware thereof. But there was one inconvenience which was worse then all the rest, which they seem not to have been sufficiently sensible of, from whence proceeded all their own mistakes, and their imposing upon o_thers, and that was from their opinion that the sight of the naked eye was able to distinguish the parts of the object as minutely as the limb of the Quadrant (of what largeness soever) was capable of Divisions; whereas 'tis hard_ly possible for any unarmed eye well to distinguish any Angle much smaller then that of a minute: and where two objects are not farther distant then a minute, if they are bright objects, they coalesce and appear one, though I confess, if they be dark objects, and a light be interposed, the distance between them shall be visible, though really much less then a Second; and yet notwithstanding, my first assertion stands good; for though a bright object, as a candle or light at a distance, or a Star, or the like, can be seen by the eye, though its body do really not subtend an Angle of one third, yet it proceeds from a radiation (that is, from reflection and refraction together) in the air and in the eye, whereby the body thereof is represented to the naked eye some hundred times bigger then it really is. That this is so, any one that will but carefully examine will find it true.

It was, I doubt not, their extraordinary desire and care to be exact, that caused them to make their Instruments so large, and to subdivide them to such an exactness, as to distinguish, if possible, to Seconds; And I question not but that they used their utmost indeavour in directing the sight to the object: but since the naked eye cannot distinguish an Angle much smaller then a minute, and very few to a whole minute, all their charge and trouble in making and managing large Instruments, and in cal_culating and deducing from them, was as to this use in vain. Hence I judged that whatever mens eyes were in the younger age of the World, our eyes in this old age of it needed Specta_cles; and therefore I resolved to assist my eyes with a very large and good Telescope, instead of the common sights, where_by I can with ease distinguish the parts of an object to Seconds: and I question not but that this way may be yet made capable of distinguishing much more curiously, possibly even to some few Thirds. This invention removed that grand inconvenience which all former observations were spoiled with: but there remained yet further this difficulty, How to make an Instrument large enough for this purpose, that I might be assured did not shrink, nor warp, nor stretch so much as to vary a Second; for such is the nature of all Materials that can be made use of for Instruments of the bigness I designed this, that 'tis almost impossible to make a moveable Instrument that shall not be subject to a variation of divers Seconds: It was therefore my next inquiry where I might fix this Archimedean Engine that was to move the Earth. For the doing of which, I knew 'twas in vain to consult with any Writer or Astronomer, having never then heard of any person that had ever beore that time had any thoughts thereof: and when I first propounded it to the Royal Society, 'twas look'd upon as a new thought, and somewhat extravagant, and hardly practicable, until upon hearing my explication, and the various wayes how it might be reduced into practise, it was at length judged possible, and desirable to be tryed. I propounded therefore to them the several ways that it was possible to be performed, and what method was to be observed in every one of them, and somewhat of the con_veniencies in each of them; for having se_riously meditated upon the Inquiry, I quickly thought of many expedients for the doing thereof. As first, I had thoughts of making use of some very great and massy Tower or Wall that were well setled, or of some large Rock or Hill whereunto I might fix my Glasses, so as to take the exact altitude of some e_minent Star near the Pole of the Ecliptik, when at its greatest height, at two differing times of the year; to wit, about the Summer and Winter Solstice, to see if possibly I could discover any difference of altitude between the first and second obser_vation. But to accomplish this (besides the vast difficulty there would have been to have measured such an Angle to the accurateness requisite, if at least it were desired to have the Angle of altitude to Minutes and Seconds, which ought also to have been repeated as oft as any observation had been made for fear of setling or swelling, &c.) I was destitute of such a con_venience near my habitation; besides, had I had my wish, I sound that 'twas lyable to an inconvenience that would wholly overthrow my whole design, which I knew not well how to a_void: Namely, to that which hath hitherto made even the very best observations of Parallaxes ineffectual and uncertain, the refraction of the Air or Atmosphere, which though it could have been but very little at the greatest altitude of the Pole of the Ecliptick, yet it might have been enough plausibly to have spoiled the whole observation, and to have given the Anti_copernicans an opportunity of evading the Arguments taken from it, especially upon the account of the differing constitu_tion of the Atmosphere in June and December, which might have caused so much a greater refraction of the same altitude at one time then another, as would have been sufficient to have made this observation ineffectual for what it was designed. Adde to this, that it would have been no easie matter to have set the Glasses or Telescope exactly against the Meridian, so as to see the highest altitude of any Star near the Pole of the Eclip_tick distinctly to a Second.

The like difficulties I found if observations were made of the greatest altitude of the Pole of the Ecliptick in June and De_cember, or the least altitude of the same in December and June. For besides all the uncertainties that the Instruments, be they what they will, are liable to, the grand inconvenience of the refraction of the Air, which is enough to spoil all observations if it be intermixed with uncertainty, in the former is considera_ble, and in the later intolerable.

Having therefore examined the wayes and Instruments for all manner of Astronomical observations hitherto made use of, and considered of the inconveniencies and imperfections of them; and having also duly weighed the great accurateness and cer_tainty that this observation necessarily required: I did next contrive a way of making observations that might be free from all the former inconveniencies and exceptions, and as near as might be, fortified against any other that could be invented or raised against it. This way then was to observe by the passing of some considerable Star near the Zenith of Gresham Colledge, whether it did not at one time of the year pass nearer to it, and at another further from it: for if the Earth did move in an Orb about the Sun, and that this Orb had any sensible Parallax a_mongst the fixt Stars; this must necessarily happen, especially to those fixt Stars which were nearest the Pole of the Eclip_tick. And that this is so, any one may plainly perceive if he consider the annexed Scheme, Fig. 1. where let S represent the Sun placed as it were in the center of the Planetary Orbs, ABCD an imaginary Orb of the fixt Stars of the first magnitude, whose center for demonstration sake we will suppose the Sun. Let &aries; &cancer; &libra; &capricornus; represent the Orb in which the Earth is supposed to move about the Sun, obliquely projected on the Paper. Let &capricornus; re_present the Earth in Capricorn, and &cancer; the Earth in Cancer, let 1 2. 1 2. represent the imaginary Axis of the Earth, keeping continually a parallelism to its self, and let &capricornus; ABCD &cancer; represent an imaginary Plain passing through the center of the Star at D in the Solstitial Colure, and the two centers of the Earth in &capricornus; and &cancer;, and C represent the Zenith point of Gresham Col_ledge at noon, when the Earth is in Cancer, and A the Ze_nith point of the said Colledge at midnight in the aforesaid Orb ABCD when the Earth is in Capricorn, 'tis manifest there_fore that since the Poles of the Earth, the Poles of the Eclip_tick, and the Zenith points of the Earth at noon, when in Cancer, and at midnight, when in Capricorn, are all in the same Plain; and that the Axis of the Earth keeps alwayes its parallelism, and that the Angles made by the Perpendiculars of Gresham Colledge, with the Axes are alwayes the same, that the aforesaid Perpendiculars of the said Colledge shall be parallel also one to another, and consequently denote out two points in the abovesaid Orb A and C as far distant from each other as the parallel Lines A &capricornus; and C &cancer; are, and consequently the point A shall be farther from the Star in D, and the point C shall be nearer to it, when in the Meridian near the Zenith of London, and consequently if the said Star be observed when in the Meridian of the place abovesaid, if there be any such difference considerable, it may be found if convenient Instruments and care be made use of for the observation there_of: and the difference between the Angle A &capricornus; D, and the An_gle C &cancer; D, will give the parallactical Angle &capricornus; D &cancer; of the Orb of the Earth to the fixt Star D of the first magnitude. The same demonstration will hold mutatis mutandis, supposing the Star be not in the Meridian or Plain abovesaid, but in some other Meridian, as any one upon well considering the nature of the thing it self may easily prove, if the observation be made when the Zenith passes by the Star at midnight, and at mid-day. But the nearer the Zenith of the place of observa_tion passeth to the Pole point of the Ecliptick, the better; The Angle of Parallax being still the more sensible. There_fore the best place to compleat this observation were in some place under the Polar Circles, as in Iseland, where the Ze_nith of the place at the times abovesaid, must consequently pass at one time to the North side of the Pole of the Ecliptick, and at the other on the South side, and the Zenith of March and Sept. must pass through the very Pole-point it self. Now it falling out so, that there is no considerable Star in that part of the Heavens nearer the above said Plain, and nearer the Ze_nith point of Gresham Colledge in that Plain, then the Bright Star in the head of the Dragon, I made choice of that Star for the object by which I designed to make this observation, find_ing the Zenith point of Gresham Colledge to pass within some very few minutes of the Star it self; the declination thereof according to Riccioli being 51�. 36&min;. 7&sec;. and the Plain the Star and Pole of the World, making an Angle with the aforesaid Plain but of 2�. 52. 36, the right ascention thereof being accord_ing to Riccioli 267�. 7&min;. 24&sec;.

And that this may be made a little plainer, let us suppose in the third Figure, the North part of the Heavens projected stereographical upon a Plain to which the Axis is perpendicu_lar. Let p represent the Pole, e the Pole of the Ecliptick, l the bright Star in the head of Draco, and let accc represent an imaginary Circle described by the Zenith of Gresham Col_ledge among the fixt Stars in June, and bddd a like Circle described by the said Zenith in December, and efff a like Circle described as above in March, and ghhh in September. It is very evident that the true distances of the Zeniths in that part of the Meridian which is next the Pole of the Ecliptick, to wit, in the head of the Constellation Draco, shall be to the true di_stances of the said Zeniths in that part which is furthest from the said Pole, to wit, near the constellation of Auriga in conse_quentia, as the sign of 75 degrees to the sign of 14�. 54&min;, and the variation of the Zeniths, or the Angle of Parallax here at Gresham Colledge, to the Angle of Parallax in Iseland, or any other place under the Pole of the Ecliptick, or Artick Circle is, as the sign of seventy five to the sign of ninety or the Radius. This will be very evident if we consider in the second Scheme; AB to represent the Diameter of the great Orb: AC and BD the perpendiculars of Iseland, or some other place under the Polar Circle. GA, HB the perpendiculars of Gresham Colledge in Draco: and LA, MB the perpendiculars of the same place to the Solstitial Colure near Auriga, the several di_stances CD, GH, IK, LM, will be as the signs of 90� | 75� | 66�. 30&min; | 14�. 54&min; |. to wit, as the Lines or Cords AB. AO. PB. QB.

I might have made observations of the distances of the tran_sits of our Zenith from any other Star as well as from this of Draco, and the same Phenomena might have been observed, ta_king care to make one of the observations when the Star is in the Zenith at midnight, and the other when the same Star is in the Zenith at noon or mid-day; and upon this account when I next observe, I design to observe the transits of our Zenith by Benenaim, or the ultima caud� urs� majoris, it being a Star of the second magnitude, and having almost as much declination as Gresham Colledge hath latitude. The principal dayes of doing which will be about the 4 of April, when out Zenith pas_seth by the said Star at midnight, and the 7 of October, when it passeth by it at noon or mid-day: the reason of all which will be sufficiently manifest to any one that shall well consider the preceeding explanation.

This Star I would the rather observe, because as it is pla_ced so as that the Parallax thereof will be almost as great as of the Pole of the Ecliptick in Iseland, or under the Artick Circle, so it being a Star of the second magnitude, and consequently perhaps as near again as one of the fourth, the An_gle of Parallax will be near about twice as big, and the Star it self much more easie to be seen in the day time. This will be very easie to be understood, if we consider in the first Scheme the differing distances of the Orb ABCD, in which we may suppose the Stars of the second magnitude to be fixt, and of the Orb &agr;&bgr;&kgr;&dgr;, in which we may suppose the Stars of the fourth magnitude, and abcd in which we may suppose those of the third magnitude, and ABCD in which we may suppose those of the first; for if the Stars are further and further removed from the Sun, according as they appear less and less to us, the parallactical difference found by observation must necessarily be less and less, according as the observation is made of less and less Stars.

The reasons then why I made choice of this way of observing will be easie to any one that shall consider that hereby, first, I avoid that grand inconvenience wherewith all ancient and modern observations have been perplext, and as to Parallax insignificant, and that is the refraction of the Air or Atmosphere. How great an inconvenience that was is obvious, since 'tis cer_tainly much greater at one time then another, and never at any certainty; and secondly, 'Tis not equally proportionable, for sometimes the refraction is greater at some distance above the Horizon, then in or nearer to the Horizon it self, and some_times the quite contrary, which I have very often observed; and this to so exorbitant a difference, as to confound all Hy_pothetical Calculations of Tables for this purpose. This a_riseth from the uncertain and sudden variations of the Air or Atmosphere, either from heat and cold, from the thickness and thinness of Vapours, from the differing gravity and levity, from the winds, currents, and eddyes thereof, all which be_ing not so well understood by what way, and in what degree, and at what time they work and operate upon the Air, must needs make the refraction thereof exceedingly perplext, and the reduction thereof to any certain theory fit for practice, a thing almost impossible. Now if we are uncertain what part of the observed Angle is to be ascribed to refraction, we are uncer_tain of the whole observation as far as the possible uncertainty of refraction. Let me have but the liberty of supposing the refraction what I please, and of fixing the proportional decrease thereof according to the various elevation of the Rayes above the Horizon; I will with ease make out all the visible Phenomena of the Universe, Sun, Moon, and Stars, and yet not sup_pose them above a Diameter of the Earth distant. Now in this observation there is no refraction at all, and consequently be the Air thicker or thinner, heavier or lighter, hotter or cold_er, be it in Summer or Winter, in the night or the day, the ray continually passeth directly, and is not at all refracted and deflected from its streight passage. In the next place, by this way of observing I avoid all the difficulties that attend the ma_king, mounting, and managing of great Instruments: For I have no need of Quadrant, Sextant, or Octant, nor of any o_ther part or Circle bigger then a Degree at most; nor have I need to take care of the divisions and subdivisions thereof, nor of the substance whether made of Iron, Brass, Copper, or Wood, nor whether the parts thereof shrink or swell, or bend or warp, to all which the best Instruments hitherto made use of, have been some wayes or other lyable. And notwith_standing the vast care and expence of the noble Ticho about the making, fixing, and using his great Instruments; yet I do not find them so well secured from divers of these inconveniences, but that they were still subject to some considerable irregulari_ties. Nay, notwithstanding the seemingly much greater curio_sity and expense of Hevelius, and his infinite labour and di_ligence in the compleating and using of his vast Apparatus of Astronomical Instruments, I do not find them so well secured, but that some of the causes of errors that I have before men_tioned, may have had a considerable effect upon them also; e_specially if they were supposed to measure an Angle to some few Seconds, as I shall hereafter perhaps have more occasion to manifest. Now, if the Instruments of Ticho and Hevelius, (who had certainly two of the most curious and magnificent Collections of Astronomical Instruments that were ever yet got together or made use of) were subject to these uncertain_ties, What shall we say of all that other farrage of trumpery that hath been made use of by most others? We see therefore the necessity of the conjunction of Physical and Philoso_phical with Mechanical and Experimental Knowledge, how lame and imperfect the study of Art doth often prove without the conjunction of the study of Nature, and upon what ra_tional grounds it was that Sir John Cutler, the Patron and Founder of this Lecture, proceeded in joyning the contempla_tion of them both together.

The next thing was the Instrument for the making of this observation, such a one as should not be lyable to any of the former exceptions, nor any other new ones that were consi_derable. To this purpose I pitched upon a Telescope, the largest I could get and make use of, which I designed so to fix upright, as that looking directly upwards, I could be a_ble certainly to observe the transits of any Stars over or near the Zenith, and furnishing it with perpendiculars and a con_venient dividing Instrument, I should be able not only to know exactly when the Star came to cross the Meridian, but also how far it crossed it from the Center or Zenith point of Gresham Colledge, either towards the North, or towards the South. All which Particulars, how I performed, I shall now in order describe, and this somewhat the more distinctly, that such as have a desire to do the like, may be the more rea_dy and better inabled to proceed with the same.

First then (finding a Tube would be very troublesome to the Rooms through which it past, especially if it were placed pretty far in the Room, and that one wanted so free an access as was necessary if it were planted nigh the wall, and that there was no absolute necessity of such an intermediate Tube, supposing there were a cell to direct the eye fixt to the Eye Glass, and that there were some short cell to carry the Object Glass in at the top, so as to keep it steady, when raised upward or let downwards, the light in the intermediate Rooms not at all hindring, but rather proving of good use to this purpose for seeing the Mensurator) I opened a passage of about a foot square through the roof of my lodgings (see the Fourth Figure) and therein fixt a Tube aa perpendicular and upright, of about ten or twelve foot in length, and a foot square, so as that the lower end thereof came through the Ceiling, and was open into the Chamber underneath: This Tube I covered with a lid at the top q, housed so as to throw off the rain, and so contrived, as I could easily open or shut it by a small string nop, which came down through the Tube to the place where I ob_served. Within this perpendicular Tube aa, I made ano_ther small square Tube bb, fit so as to slide upwards and down_wards, as there was occasion, and by the help of a skrew to be fixt in any place that was necessary: Within this Tube in a con_venient cell c, was fixt the Object Glass of the Telescope (that which I made use of was thirty six foot in length, having none longer by me, but one of sixty foot, and so too long to be made use of in my Rooms) the manner of fixing which was this: The Glass it self was fixed into a cell or frame of Brass, so exactly fitted to it, that it went in stiff; and to fill up all the Inter_stitia's, there was melted in hard Cement; this cell had a small barr that crossed under the center of the Glass, or the a_perture thereof; in which barr were drill'd two small holes at equal distance from the middle of the Glass, through which the upper ends of the two perpendiculars dd were fastned; and in the fixing this brass cell or frame into the square Tube that was to slide up and down, care was taken to make the barr lye as exactly North and South as could be, though that were not altogether so absolutely necessary to this observation. These perpendiculars dd fastned to the barr hung 36 foot and better in length, and had at the lower ends of them two balls of lead ee as big as the Silks could bear, by which the lowest parts of this Instrument were adjusted, as I shall by and by explain. But first, I must acquaint the Reader, that I opened a so perpen_dicularly under this Tube a hole rr a foot square in the floor below, which with shutters could be closed or opened up_on occasion; by this means I had a perpendicular Well-hole of about forty foot long, from the top of a to the lower floor ss. Upon the second floor ss I fixed the frame that carried the Eye_glass and the other Apparatus fit to make this observation. I made then a Stool or Table, such as is described in the same Fourth Figure ihhi, having a hole through the top or cover thereof hh, of about nine inches over; the middle of which I placed as near as I could perpendicularly under the middle of the Object Glass in the cell above, and then nailed the frame fast to the floor by the brackers ii, that it could not stir; under_neath the cover of this Table I made a slider gg, in which was fixed in a cell an eye Glass f, so as that I could through the eye Glass moved to and fro, see any part of the hole in the Table that I desired, without stirring the stool from its fixtness. This was necessary, because many Stars which were forerunners of this Star in Draco, and served as warning to prepare for the approaching Star, went pretty wide from the parallel that passed over our Zenith; by this means also I took notice of the Star it self, at above half a degree distance from the Zenith to the East, and so followed the motion of it with my eye Glass, and also with my measuring Clew, and at the same time told the Seconds beat by a Pendulum Clock, and so was very well prepared to take notice of all things necessary to compleat the observation, but might have been otherwise surprised by the suddain approach and swift motion of the said Star. The measuring Instrument or Mensurator was a round thin plate or circle of Brass, delineated in the Seventh Figure, the aperture ab of which was about nine inches over, crossed in the middle by two very small hairs ab and cd, which served to shew the Zenith point at e, by which the Star was to pass; there were also two other small hairs fg and ih drawn parallel to that which was to represent the East and West line, that past under our Zenith, these cut the Clue that represented the Me_ridian, or North and South Line at the places k and l, where the perpendicular points were made by the two long plumb lines: This Instrument was produced on the side a to n, ne being made fifteen times the length of em, so that em being one inch and two thirds, en was twenty five inches: at n the line ne was crost by a rule of about 3 1/2 foot long op, which from the point n was divided each way into inches and parts, each inch being subdivided into thirty parts, which served to determine, though not precisely, the Seconds on the line cd, for a minute of a degree to a thirty six foot Glass, being very near one eighth part of an inch, and this eighth part, by the help of the Diagonal, being extended to two whole inches upon the three foot Rule op, it became very easy to divide a part of cd, which subtended a minute into sixty parts, and conse_quently to subdivide it into Seconds. Now though the sixti_eth part of an eighth of an inch be very hardly distinguishable by the naked eye, yet by the help of looking through the Eye_glass placed in the cell, and so magnifying the Objects at the Mensurator more then sixteen times, 'tis easie enough to distin_guish it. But to proceed, I had one small arm mt in the Men_surator, to which the Diagonal thred was fastned at the point m, which served for the more nice subdivisions into Seconds; The other Diagonal thred which was fastned at u, served for such observations where so great niceness was not so necessary, distinguishing only every four Seconds. The points where these Diagonal threds were fastned, were exactly over the line ab, and the distances em and eu were an inch and two thirds, and five inches.

There is somewhat of niceness reqisite to the fixing these Diagonal threads (which is very material) at m and u, and that is that there be a small springing slit to pinch the hair fast exactly over the line ab, so that the point of its motion may be precisely in the said East and West line, and not sometimes in it, and sometimes out of it, which it is apt to be, if the Diago_nal line be fixt in a hole, and move round in it.

This was the Mensurator by which I measured the exact di_stance of the Stars from our Zenith: it may be also made use of for the measuring the Diameters of the Planets; for the examining the exact distances of them from any near approaching fixt Stars; for measuring the distances of the Satellites of Jupiter and Sa_turn from their discks, for taking the diameters and magnitudes of the spots of the Moon, and for taking the distances of ap_proaching Stars, and for many other mensurations made by Te_lescopes or Microscopes, if it be so placed as to be in the fo_cus of the Object Glass and Eye Glass. I could here describe at least thirty other sorts, some by the help of screws, others by the help of wedges, some after the way of proportional Com_passes, others by wheels, others by the way of the Leaver, others by the way of Pullies, and the like; any one of which is accu_rate enough to divide an inch into 100, 1000, 10000 parts if it be necessary; but I must here omit them, they being more proper in another place, and shall only name one other, because I sometimes made use of it in this observation, which is as sim_ple and plain as this I have described, and altogether as accu_rate; but for some accidental circumstances in the place where I made my observation, was not altogether so convenient as the former. This Mensurator then is made thus: take a Rule of what length it seems most convenient for the present occasion, as two, three, or four foot long, represented by ab in the Eighth Figure, divide this into 100, 1000, 10000 equal parts, with what accurateness 'tis possible, between the points ab. On the top of this Rule, at each end fix two cross pieces gh and ef, then from the two cross pieces ef and gh, strain two very fine and even clues, as Silkworms clues, curious small hairs, or the like, so as that they cross each other at n, and be distant at o and p, an inch, or any other certain measure desi_red. Let this Rule, bezelled on each side, slip in a frame be_tween two cheeks q and r, upon the top of which strein ano_ther small hair as st. This frame must be fastned to the Telescope, so as st may lye in a due position to the Eye Glass of it. Now in the time of observation the frame qr being fast_ned to the Telescope as above, by sliding the Rule ab to and fro, you give upon the line st any length desired, which is noted out by the line st upon the rule; for if op be put one inch, then xy will be 494/1000 of an inch, and if op be the subtense of 10 minutes, then xy will be the subsense of 4⟩94; this is so plain, simple, and easie, that as any ordi_nary Workman will be able to make it, so I doubt not but e_very Reader will, without more application, understand both the description and use thereof. I shall return therefore to the description of the former Mensurator.

The next thing then is the way of fixing this Mensurator, so as to set the threads in their due posture, that is East and West, and North and South, and that they cut each other under the middle of the Glass. This last was that which had the most of dif_ficulty in the whole Experiment. For the performing of this, I removed the slider underneath the Table that carried the Eye Glass, and also the Mensurator, and suffered the plumb lines to hang down through the aperture of the Table, and that the Balls might come the sooner to their perpendicularity, I suffered them to hang into a vessel of water, deep and wide enough, that they might not touch either side or bottom.

This expedient of hanging the plumbets in water I mention, because without it 'tis not to be imagined how much time is lost be expectation of the settlement of the said perpendicu_lars, and how very apt they are to be made to vibrate by the little imperceptible motion of the Air, and by any small hair or other impediment how apt to be put out of their perpen_dicularity: which by the way makes me very fearful that all common Instruments have hitherto been lyable to very great errors, by the unaccurate hanging of their plumb lines, being made for the most part to hang and play against the side of the Instrument. By this means they would soon come to hang per_pendicularly, and be so detained when in that posture; not being apt to be stirred by the motion of the Air, or their own swing; and whilst thus steady, I fixed two small arms of Brass, such as are described in the Seventh Figure by zz, zz, which had small holes at the extreams, with a small slit on the side to admit or emit the plumb line as there was occasion; one of these is more at large described in the Sixth Figure. Now the plumb line being let into the middle of this, I did with all the accurate_ness I could so fix the said arm, that the plumb line past exactly through the middle of the hole y. When I was sufficiently sa_tisfied that the plumb line past exact_ly through the middle of the trying arms, I fixed those arms zz, zz, and removed the plumb lines, then I laid the Mensurator ll in the Fourth Fi_gure, upon the surface of the Table, and took great care that the crosses k and l in the Seventh Figure, lay exactly under the middle of the holes in the arms, which having done by the help of certain screws, I fixt the Mensurator fast to the Table, and prepared for the observations, putting in the slider gg in the Fourth Figure, that carried the cell f, and lying down upon a Couch (k of the Fourth Figure) made purposely for this observation, I could look directly upward, and with my left hand move the Cell and Eye Glass so as to find any Star which passed within the hole of the Table, and at the same time with my right hand I could move the Diagonal thread (rm of the Seventh Figure) so as to find exactly how far distant from the Zenith e, either Northwards or Southwards, the Stars past the Meridian dc, and giving notice to my Assistant to prepare, he upon the sign given took notice exactly by a Pendulum Clock to the parts of a Second when the said Stars past, and also took notice what division the Diagonal thread mr cut upon the Rule op.

With all these difficulties I was forced to adjust the In_strument every observation I made, both before and after it was made, which hath often made me wish that I were near some great and solid Tower, or some great Rock or deep well, that so I might fix all things at once, and not be troubled continu_ally thus to adjust the parts of the said Instrument; for who_ever hath that opportunity will, I question not, especially if the lines of his Mensurator be made of the single clues of a Silk_worm, with much ease discover plainly a change of the distance of Stars of the greater magnitude from the Zenith, in a much shorter time then six moneths. This variation also will be much more easie to be dicovered, if instead of a thirty six foot Glass, there be made use of one of four times that length, to wit, one of one hundred fourty four foot; and if instead of a Tower some deep and dry Well be made use of, such as I have seen at a Gentlemans house not far from Bansted Downs in Surry, which is dugg through a body of chalk, and is near three hundred and sixty foot deep, and yet dry almost to the very bottom: For such a one is much less subject to any kind of alteration, either from the settling towards this or that side, which most Towers and high Buildings, whether new or old, are lyable to: This also is safe from bending and shaking with the wind, which I find the strongest Houses, Towers, and Walls, if of any considerable height, are apt to do, nor would the wind have any power to swerve the perpendiculars, which 'tis almost impossible to prevent in high Buildings a_bove ground. But this I can only wish it were performed, but cannot hope to have any opportunity of Doing it my self. But certainly the discovery of the observation will abundantly recompense those that have the curiosity to make it.

Having thus resolved upon the way, and prepared the In_struments fit for the observation, I began to observe the Tran_sits of the bright Star in the head of Draco; and alwayes both before and after the observation, I adjusted the Mensurator by the Perpendiculars, that I might be the more certain of the exactness of the Instrument; for I often found that when I came to examine the Instrument, a day, or two, or three, or more, after a former observation, that there had been wrought a considerable change in the Perpendiculars, in so much as to vary above a minute from the place where I left them, which I ascribe chiefly to the warping of the Tube that rose above the roof of the House, finding sensibly that a warm day wou'd bend it considerably towards the South, and that a moist Air would make it bend from the quarter of the wind: But yet I am apt to think there might be somewhat also of that variation ascribable to the whole Fabrick of the Roof, and possibly also to some variation of the Floors; but yet I never found these variations so sudden, as to be perceptible in the time of a single observation, finding alwayes the preceding and subsequent adjustings to answer.

The first observation I made was the Sixth of July, 1669. when I observed the bright Star of Draco to pass the Meridian Northwards of the Zenith point of the Mensurator, at about two Minutes and twelve Seconds.

The second observation I made was upon the Ninth of July following, when I found it to pass to the Northwards of the said Zenith or cross of the Mensurator, near about the same place, not sensibly differing.

The third observation I made upon the Sixth of August fol_lowing; then I observed its transitus North of the aforesaid Zenith, to be about two Minutes and six Seconds.

The last observation I made upon the One and twentieth of October following, when I observed it to pass to the North of the Zenith, at one Minute and about 48 or 50 Seconds.

Inconvenient weather and great indisposition in my health, hindred me from proceeding any further with the observation that time, which hath been no small trouble to me, having an extraordinary desire to have made other observations with much more accurateness then I was able to make these, having since found several inconveniencies in my Instruments, which I have now regulated.

Whether this Zenith so found out upon the Mensurator, be the true Zenith of Gresham Colledge, is not in this inquiry very material (though that also I designed to examine, had not an unhappy accident broken my Object Glass before I could com_pleat the observation) for whether it were, or were not, it is certain that it alwayes had the same position to the true Zenith, the Object Glass and Perpendiculars having not been in all that time removed out of the Cell, whence if the said Object Glass were thicker upon one side then upon the other (which is very common and very seldome otherwise) and consequently defle_cted the ray towards the thicker side, and so made the Perpendi_cular of the Mensurator to lye on that side of the true Perpen_dicular, that the thicker side of the Object Glass respected, yet it being alwayes so if the transitus of the Star varied from this false Perpendicular, it must also vary from the true one. The manner how I designed to examine and find out the true Perpen_dicular, is this, which is the way also of adjusting of Telescopi_cal sights, as I shall afterwards have occasion to shew. Having marked the four sides of the Glass, the North with N, the East with E, the South with S, and the West with W, about the first of June I begin to observe and measure the true distance of some remarkable fixt Star, as of this of Draco from the Zenith found one night when the side N of the Glass stood North. Then I change the side of the Object Glass, and put the North side South_wards, and the South, Northwards, and observe the Transitus of the same Star the next night, and note down the same; the third night following I put the East side or E North, and observe the transit of the same Star over the Meridian; and the fourth night I put the West side or W North, and observe the transit of the said Star. Now by comparing all these together, it will be very easie to deduce what the false refraction of the Object Glass is, and which way it lyes, and consequently to regulate the ap_parent Zenith by the true one. But this only by the by.

'Tis manifest then by the observations of July the Sixth and Ninth: and that of the One and twentieth of October, that there is a sensible parallax of the Earths Orb to the fixt Star in the head of Draco, and consequently a confirmation of the Copernican Sy_stem against the Ptolomaick and Tichonick.

Before I leave this Discourse, I must not forget to take notice of some things which are very remarkable in the last observation made upon the 21 of October. And those were these. First, that about 17 minutes after three a-clock the same day, the Sun being then a good way above the Horizon, and shining very clear into the Room where I lay to observe, and having nothing to screen off the rayes of light, either in the Room where I was, or in the next Room through which I looked, I observed the bright Star in the Dragons head to pass by the Zenith as distinctly and clear_ly as if the Sun had been set, though I must confess it had lost much of the glaring brightness and magnitude it was wont to have in the night, and its concomitants were vanisht: The like I found it divers other dayes before, when I observed it, the Sun shining very cleer into both the aforesaid Rooms, which by the way I suppose was the first time that the fixt Stars were seen when the Sun shin'd very bright, without any obscuring of its light by E_clipse or otherwise. And though we have a great tradition that the Stars may be seen with the naked eye out of a very deep Well or Mine in the day, yet I judge it impossible, and to have been a meer fiction, without any ground: For the being placed at the bot_tom of a Well doth not at all take away the light of the Atmo_sphere from affecting the eye in and near the Axis of vision, though indeed the sides thereof may much take off the lateral rayes; but unless the radiation of the false rayes of the Star be brighter then that of the Air, the true rayes from the body are so very small, that 'tis impossible the naked eye should ever be affected by them. For in the second place, by this observation of the Star in the day time when the Sun shined, with my 36 foot Glass I found the body of the Star so very small, that it was but some few thirds in Diameter, all the spurious rayes that do beard it in the night being cleerly shaved away, and the naked body thereof left a very small white point.

The smalness of this body thus discovered does very fully answer a grand objection alledged by divers of the great Anti-copernicans with great vehemency and insulting; amongst which we may reckon Ricciolus and Tacquet, who would fain make the apparent Diameters of the Stars so big, as that the body of the Star should contain the great Orb many times, which would indeed swell the Stars to a magnitude vastly bigger then the Sun, thereby hoping to make it seem so impro_bable, as to be rejected by all parties. But they shall by this means examine the Diameter of the fixt Stars, will find them so very small, that according to these distances and Parallax they will not much differ in magnitude from the body of the Sun, some of them proving bigger, but others proving less; for the Diameter of the parallactical Circle among the fixt Stars, seems to exceed the Diameter of the Star almost as much as the Diameter of the annual Orb of the Earth doth that of the Sun. And possibly longer and better Telescopes will yet much dimi_nish the apparent bulk of the Stars by bringing fewer false rayes to the eye that are the occasion of the glaring and magnifying of the said bodies. It may for the present suffice to shew that even with this Glass we find the Diameter of this Star considerably smaller then a Second, and the Parallax we judge may be about 27 or 30 Seconds. It will not therefore be difficult to find many Stars whose Diameters shall be less then a two hundredth part of this Parallax, as possibly upon more accurate observation this very Star may be found to be. Now we find that the Diameter of the Orb of the Earth is but two hundred times bigger then the Diameter of the Sun in the Center thereof; and therefore if the parallactical difference be found to be two hundred times more then the visible Diameter of the Star, the Star will prove but of the same magnitude with the Sun.

This Discovery of the possibility and facility of seeing the fixt Stars in the day time when the Sun shines, as I think it is the first instance that hath been given of this kind, so I judge it will be a discovery of great use for the perfecting Astronomy; as first, for the rectifying the true place of the Sun in the Ecliptick at any time of the year; for since by this means 'tis easie to find any Star of the first, second, or third magnitude at any time of the day, if it be above the Horizon, and not too near the body of the Sun: And since by a way I shall shortly publish any Angle to a Semicircle in the Heavens, may be taken to the exactness of a Second by one single observator: It will not be difficult for fu_ture Observators to rectifie the apparent place of the Sun a_mongst the fixt Stars to a Second, or very near, which is one hundred times greater accurateness, then has hitherto been at_tained by the best Astronomers. The like use there may be made of it for observing any notable appulse of the &moon;, &jupiter;, &saturn;, &mars;, and &venus;, to any notable fixt Star that shall happen in the day time, which may serve for discovering their true places and parallaxes. The Refractions also of the Air in the day time may by this means be experimentally detected.

I should have here described some Clocks and Time-keepers of great use, nay absolute necessity in these and many other A_stronomical observations, but that I reserve them for some at_tempts that are hereafter to follow, about the various wayes I have tryed, not without good success of improving Clocks and Watches, and adapting them for various uses, as for accurating Astronomy, compleating the Tables of the fixt Stars to Seconds, discovery of Longitude, regulating Navigation and Geography, detecting the proprieties and effects of motions for promoting secret and swift conveyance and correspondence, and many o_ther considerable scrutinies of nature: And shall only for the present hint that I have in some of my foregoing observations discovered some new Motions even in the Earth it self, which perhaps were not dreamt of before, which I shall hereafter more at large describe, when further tryals have more fully confirmed and compleated these beginings. At which time also I shall explain a System of the World differing in many particulars from any yet known, answering in all things to the common Rules of Mecha_nical Motions: This depends upon three Suppositions. First, That all Cœlestial Bodies whatsoever, have an attraction or gravitating power towards their own Centers, whereby they attract not only their own parts, and keep them from flying from them, as we may observe the Earth to do, but that they do also attract all the other Cœlestial Bodies that are within the sphere of their activity; and consequently that not only the Sun and Moon have an influence upon the body and motion of the Earth, and the Earth upon them, but that &mercury; also &venus;, &mars;, &saturn;, and &jupiter; by their attractive powers, have a considerable influence upon its motion as in the same manner the corresponding attractive power of the Earth hath a considerable influence upon every one of their mo_tions also. The second supposition is this, That all bodies what_soever that are put into a direct and simple motion, will so con_tinue to move forward in a streight line, till they are by some o_ther effectual powers deflected and bent into a Motion, descri_bing a Circle, Ellipsis, or some other more compounded Curve Line. The third supposition is, That these attractive powers are so much the more powerful in operating, by how much the nearer the body wrought upon is to their own Centers. Now what these several degrees are I have not yet experimentally ve_rified; but it is a notion, which if fully prosecuted as it ought to be, will mightily assist the Astronomer to reduce all the Cœ_lestial Motions to a certain rule, which I doubt will never be done true without it. He that understands the nature of the Circular Pendulum and Circular Motion, will easily understand the whole ground of this Principle, and will know where to find directi_on in Nature for the true stating thereof. This I only hint at pre_sent to such as have ability and opportunity of prosecuting this Inquiry, and are not wanting of Industry for observing and calculating, wishing heartily such may be found, having my self many other things in hand which I would first compleat, and therefore cannot so well attent it. But this I durst promise the Undertaker, that he will find all the great Motions of the World to be influenced by this Principle, and that the true understand_ing thereof will be the true perfection of Astronomy.

&horbar LONDON, Printed for John Martyn, Printer to the Royal Society. 1674. |CSC |Y1683

&horbar

March 28. 1683.

ORdered, that the Three Anato_mic Lectures read on the 19, 20, and 21 days of this present Month, in the Theatre of His Majesties Royal College of Physicians in London, by Dr. Walter Charleton, Fellow of the same College, be forthwith Printed, and Published.

Tho. Coxe, President.

&horbar

THREE Anatomic Lectures, CONCERNING 1. The Motion of the Bloud through the Veins and Arteries; 2. The Organic Structure of the Heart; 3. The Efficient Causes of the Hearts Pulsation: READ On the 19, 20, and 21 days of March 1682/3 IN THE Anatomic Theatre of His Majesties Royal College of Physicians in London. &horbar BY WALTER CHARLETON, M.D. And Fellow of the same College. &horbar Published by Command of the most Learned President. &horbar LONDON, Printed for Walter Kettilby, at the Sign of the Bishops_head in St. Paul's Church-Yard, 1983. &horbar &horbar PR�LECTIO I. Of the Circular Motion of the Bloud, and the admirable Effects thereof.

SO plausible and favourable hath the Hypothesis of various Ferments, congenial to and perpe_tually resident in the various parts, principally in the Viscera of Sanguineous and more per_fect Animals, seemed to many of the Virtuosi of this our inquisitive age; that they have not doubted to ascribe to them a powerful energy and necessary in_fluence in all the divers Motions, all the Mutations, all the Concoctions, all the Secretions, and other opera_tions instituted by Nature in such Animals, either for the conservation of them in their single beings, or for the propagation of their respective Species. Nor is it easie for us to name any particular function, any action, though really and manifestly Organical, which the Sectators of this Hypothesis will not pre_sently attribute to some peculiar Ferment lurking and operating in the part, by which that action is done, and conferring (forsooth) somewhat of efficacy to_ward the doing of it: as if the organical constitution of that part were insufficient to the function and uses for which it was designed, without the help and co_operation of a Specific Ferment; or as if the whole Animal Oeconomy depended upon no other Harmo_ny but that of numerose Fermantations. In a word, they make them only not Omnipotent. As Heraclitus the Ephesian dreamed [panta psychōn einai kai daimonōn plērē] that all places are full of Spirits and D�_mons, that presided over human actions: Diogen. Laert. in vita Hera_cliti. So these Gentlemen imagine all the parts of Animals to be full of I know not what Spiritual Ferments, that by occult influence regulate and diversifie their functions. And this Comment many have endeavoured to assert by their Writings, with as much confidence, as if the verity of it were evident, either from cogent rea_sons, or by Autopsy: when in truth they are no more able to prove by solid Arguments, or by sen_sible demonstration, the existence of many of their imaginary Fermentative liquors or Spirits in the dis_sected parts, to which they are pleas'd to consign them; than Heraclitus was able to exhibit to mens sight any one of his D�mons. I say, many of their imaginary Ferments; I do not say, any. Because the Acid Phlegm found in the Stomachs of various Ani_mals, may perhaps so far emulate the nature of a Ferment, as to deserve the same name. For being endowed with an incisive, penetrating, and dis_solving faculty; 'tis not improbable but it may con_duce to the dissolution and liquation of solid meats, and together with the drink, serve, as a fit Menstru_um, to extract the laudable and alimentary parts of them, ad modum tinctur�. But this liquation of solid meats in the Stomach, seems to be effected by mo_tions placid, gentle, and imperceptible in the state of health; not by those violent commotions and ir_requiet agitations that always proceed from, and ac_company Ferments properly so call'd, during their working: as all men that enjoy good health, feed soberly, and keep a regular course of diet, may easily observe in themselves. And therefore this Acid Phlegm cannot properly, and in Philosophical strictness, be referr'd to the family of Ferments. The same may with equal reason be said also of the Bile and Pancreatic juice commixt in the Duodenum. They may perhaps conduce somewhat to the farther at_tenuation and exaltation of the Chyle; they may also promote both the separation of the Nutritive from the Excrementitious parts of the same Chyle, and the insinuation and permeation of the former through the coats or membranes of the Guts into the milky veins: all this they may do, and yet not by way of Fermentation, whereof there is neither ne_cessity, nor sense in statu sanitatis; and to argue from a preternatural state to a natural, is a Paralogism. Now if neither of these two so much celebrated Fer_ments, hath any more right to that denomination, than what is precariously derived from some remote and slender analogy or semblance imagined to be be_twixt their nature, qualities, and effects, and those observed in genuine and true Ferments; as certainly neither of them yet appears to have: What ought we to think of all the rest of invisible Ferments supposed to reside in places, where hitherto they have never been found? Why may we not, till they shall be by Anatomical and other convincing experiments shewn to us, believe that they have existence no where, but in the brains of fancyful men? For my part, I blush not, even in this venerable Assembly of most Learned men, where I have as many Judges as Auditors, openly to profess my self to be of this belief: because de non apparentibus, & de non existentibus eadem ratio est; and because I have heard an eminent Member of this first and more ancient Royal Society, a man renowned over all Europe for his Philosophical and Anatomical Writings, deliver this judgment of the multiplicity of Natural Ferments fancyed to be in the body of an Animal, that they were a new-found asy_lum ignoranti�. I say, of Natural Ferments; lest what I have said should be detorted to the exclusion of Pr�ternatural Fermentations, which I do not de_ny to be incident sometimes to the bloud and other humours of the body, more signally in Fevers, and some other acute diseases: though perhaps not so often as vulgar Physicians imagine.

What I have hitherto said, may perchance seem to some of my Auditors to be a digression; and they may be apt to think, that I have made my first step in a wrong path. I am therefore obliged, in my own defence, to advertise them, that having proposed to my self to enquire strictly into the natural necessity or Mechanical reasons of the Motions of the Bloud; and finding the aforesaid Comment of Ferments lying, like a block, in my way: I thought it concern'd me rather to remove than to leap over it, and leave it for others to stumble at. For, some there are, and those too, men whose names are deservedly celebrated for their profound knowledge both in Anatomy and the Mathematicks, who in their books have professedly taught, that even the bloud it self, the seat of life, also undergoes a certain natural Fermentation in the heart, lungs, and greater arteries, as necessary to its perfection and vitality. Joan. Alphons. Borellus de Motu Animal. part. 2. pag. 76. Willisius de Ferment. A doctrine, which to me (I profess) seems very improbable, and inconsistent with the wisdom of Nature.

Improbable; First, Because of all the various li_quors found in the body of an Animal, in statu Natu_r�, the bloud seems of it self least prone to Fermenta_tion; which is incident chiefly, if not solely, to new and musty liquors: whereas the greatest part by much of the bloud is old, and by repeated Circulations well def�cated in its proper Emunctories, and by insensi_ble transpiration; and by consequence needs no Fer_mentation. True it is indeed, that new Chyle is ever now and then brought into the rivulet of the bloud, out of the common cistern thereof, by the ductus thoracicus and the Subclavian vein, for a recruit: but in a quantity so small (a few drops perhaps at once; for more will not be found to bear a just proportion, either to the capacity of the common Receptacle of the Chyle, which is but little, or to the narrowness of the Pipe leading from thence to the Subclavian vein) as cannot in reason be thought sufficient to perturb and excite a fermentation in the bloud, with which it is mixt. If a greater quantity of Chyle were mixt with the bloud at one time; certainly the bloud would soon lose its native purple, and put on the white livery of the Chyle, especially in the descending part of the Vena cava, where the commixture is first made: which yet no Anatomist (for ought I know) hath ever observ'd. Secondly, When Ferments are com_mixt with liquors consisting of heterogeneous parti_cles, they are generally slow in exerting their power, and by degrees insinuate and diffuse their active parti_cles through the whole mass, before they can so far prevail, as to raise an universal commotion and tu_mult in them; as common experience testifies: but the newly commixt Chyle and bloud are in a moment, at most in the space of a few pulses of the heart, rapt out of the Vena cava, first into the right Ear, and then into the right Ventricle of the heart; so that here is no morula, no competent space of time given, to ex_cite an actual fermentation. Thirdly, Here is want_ing also convenient place. To all Fermentations is required fit room, wherein the liquors may have li_berty to undergo an impetuose commotion and agitation of all their dissimilar and contrasting particles; nor will the Must of Wine it self ever ferment, if it be kept in close and strong casks, as appears from the making of Stum: but the Vena cava, the Heart, and Arteries are fill'd with bloud even to distention, till by their Systole they squirt it forth, and then in the next moment they are replenished. What room then is left for the bloud to ferment in? Seeing therefore that the bloud is by its own constitution unapt to fer_ment, as bearing a greater analogy to the nature of Milk, than to that of Wine, whatever the Willisians have said to the contrary; and seeing that neither the small supplies of Chyle which it daily receives, are sufficient to induce, nor the shortness of the time in which it passes through the pr�cordia, nor the want of convenient room, permit a fermentation: what reason have we to assent to their opinion, who teach, that a fermentation of the bloud is necessary to its perfection and vitality? especially if we farther con_sider, that the same opinion is also

Inconsistent with the Wisdom of Nature. Whose custom always is, to institute the most direct and compendi_ous methods, for the attainment of her ends; nor ever to use many instruments, where one may suffice, to effect what she hath design'd: abhorring to multiply things, without inevitable necessity. To this her ad_mirable Wisdom then it is injurious, to imagine, that when she had ordained in the bloud a certain placid, regular, and benign motion, by which all the hete_rogeneous ingredients or constituent parts of it, should be so agitated among themselves, as by their mutual conflict to produce an alternate expansion and con_traction, from whence a vital heat results, and upon which original life continually depends: she should notwithstanding institute a second intestine motion, to be at the same time, in the same subject performed, viz. a Fermentation; which seems unnecessary at best, and which probably might not only hinder, and impugn, but also destroy the former. A Fermentation would indeed raise a tumultuous agitation of the same dissi_milar elements of the bloud: but such as would be violent, irregular, and of a far different manner from the Vital Mication. But not to insist now upon the manifest disparity of these Two Motions, which may more opportunely be collected from what I shall soon say of the genuine and true one; let it be supposed at present, that both may operate in the same manner, and produce the same effects in the bloud, as to the attenuation and comminution of the grosser, viscid, and unagile parts; and the facilitation of the expan_sive efforts of the Spiritual, volatile or elastic: yet still it will remain to be inquired, why Nature should in_stitute Two Motions, where either of the two might singly do her work as well, if not better. If there_fore any defendent of this opinion, which I have here, en passant, impugned, shall vouchsafe so far to illu_minate my gloomy understanding, as to solve this Problem: I shall acknowledge the favour, and re_cant my opposition of it. Mean while, I will sus_pend the farther consideration thereof, and now ad_dress my self to the more important part of my pre_sent province, the true and undoubted Motions of the Bloud, viz. the Mication, and the Circulation: by both which, though divers in their origines and kinds, yet mutually helping each other, and conducing the one to the accension as it were of original life, the other to the distribution of influent life, the bloud is perpe_tually moved in the vessels that contain it.

By the FORMER of these, the vital spirits, or if you please the elastick particles of the bloud, now passing through the Ventricles of the heart, from their own natural force or expansive energy, endeavour to expand or unbend themselves; while the grosser and viscid parts resist that endeavour to expansion, by com_pressing them. Hence instantly, and by natural ne_cessity, arises a certain Colluctation or mutual striving betwixt the expansive motion or endeavour of the Vi_tal Spirits, on one part, and the renitency of the grosser parts of the bloud, on the other. And from this Colluctation, an actual heat is quickly excited or kindled in the bloud: actual heat being nothing else but an expansive luctation of the particles of the body or subject in which it is, as I professedly labour'd to evince from various instances, and a strong chain of propositions, when I first had the honour to sit in this Chair. Moreover, because this expansive luctation is not violent, nor unequal, nor irregular, nor con_sequently noxious or hostile to the nature of the bloud; but on the contrary always (in statu Natur�) moderate, equal, regular, amicable, and tending not only to the conservation of the bloud, but also to the exalta_tion of all its faculties and operations: and because it proceeds from an internal principle, from the energy of the vital spirit contain'd in and ruling the bloud, or (if this be more intelligible) from the Elasticity of the aereal particles commixt with the bloud: there_fore the brisk motion or heat thence resulting, is also vital. For in that very expansive motion of the bloud, doth the formal reason of life originally con_sist: which Theorem also I have formerly, in this place, endeavour'd to explicate and establish. This admirable motion, from the various notions or con_ceptions which Learned men have formed of it in their minds, hath acquir'd various names. By some it is call'd motus sanguinis intestinus sive spontaneus, because it arises from an internal principle, the expan_sive endeavour of the spirituose, or elastic parts of the bloud, and to distinguish it from the circular mo_tion, which is impress'd by an external Movent, viz. the Heart. By others, Motus fermentationis vitalis, from the similitude they fancyed between it and com_mon fermentations: but improperly, for the reasons by me just now alledged. By others again Alphons. Be_rellus de mot. animal., motus oscillatorius, from the resemblance it hath of the Oscil_lation or swinging of a Pendulum, whose motion de_scribes a Cycloid Christianus Hugenius, de Motu horolo_gii oscillatorii, part. 1, and by others Glisson. lib. de ventriculo & intestin. & Charleton, Oeconomiaelig; Ani_malis exercitat. 6., Micatio sanguinis, the panting, or reciprocal expansion and compression of the parts of the bloud. Of these denominations, the two last seem to me more fully and emphatically than the rest to signifie the nature and manner of the thing denominated; as equally comprehending the double motion in a single appellation. Wherefore I intend hereafter to use these promiscuously, when there shall occur to me any occasion of mentioning the same motion. Mean while, I proceed to

The LATER motion, the CIRCULATION of the Bloud; the most noble and most useful of all mo_dern inventions, first obscurely hinted (as some think) by Cesalpinus, but afterward with prodigious sagacity, most exact judgment, and happy diligence investiga_ted, and with such convincing evidence demonstrated by our immortal Dr. Harvey, that now the verity thereof is no longer doubted of in the world. In Exercitat. Peripatet. I wish the same were as well understood, as it is generally acknowledged: and lest I be thought only to wish this excellent knowledge, and of so great importance to Physicians, I will now again do my best devoir to ex_plain so much of the mystery, as I my self have for_merly left not sufficiently explicated: omitting to re_cite what is vulgarly taught in the Schools and Books of Anatomists, and touching only those things, which have been either pretermitted, or not rightly ex_plicated by others, concerning the Causes, Mechanical modes, and circumstances of this life-conserving motion.

There intervenes (ye know) a double pause or re_spite, which by Anatomists is call'd perisystole cordis, between the two contrary motions of the heart; one betwixt the diastole and the systole, another betwixt the systole and the diastole: and this of absolute necessi_ty, because it is impossible, that the same body should perform two contrary motions, without a morula or space of time, how short soever, be interposed betwixt them. Ye know also, that the force impelling the bloud, which is the Compression of the heart, doth not act continually, but interruptedly or per vices, short and almost isochronic or equal quiets interposed: So that the bloud express'd by the heart, doth not flow thence in a continued course, as rivers and fountains do, that are without intermission carried on by the weight of their waters; but gush forth and stop alter_nately, though this vicissitude be exactly regular, and proceeds in a constant order. Now these things consi_dered, it may seem consentaneous to conclude, that the motion of the bloud cannot be continuus, since two pauses or quiets are interposed betwixt every two pul_sations or Systoles of the heart, during each of which the motion ceases: but on the contrary ought to be e_steem'd and call'd an interrupted and mixt motion. And yet notwithstanding the verisimilitude of this conclusi_on, I doubt not to lay down and expose to your exami_nation this

First PROPOSITION, That the bloud is carried in a round through the body of an Animal, in a truly continued, and never interrupted mo_tion.

This perhaps may sound like a Paradox: but that shall not a-whit discourage me from asserting it, while I remember that remarkable sentence of Minutius Fe_lix (in Octavio) Inest & in incredibili verum, & in veri_simili mendacium.

Though it be true and evident, that the heart doth not, in the time of its pauses, express any Bloud into the Arteries, yet it is not true, that the bloud contain'd in the Arteries, in the Viscera, in the habit of the body, and in the Veins, doth at the same time stagnate, and stop its course: but on the contrary is always carried on in its journey, though with unequal velocity. First, the Verity of this appears in the Arteries. For the afflux of bloud from the heart being wholly inter_cepted, either by a Ligature applied to the aorta at its original, or by cutting out the heart it self, as is com_monly done in Frogs and Vipers; we see, that ne_vertheless the bloud wherewith the Arteries were fill'd, is by degrees squeez'd out, so that they are soon after left altogether empty. And doubtless this ex_inanition of the Arteries happens, because they by their own spontaneous motion constringe themselves, and contracting their Circular Fibres, express the bloud into the habit of the parts: and are at the same time compress'd also by the contraction and tension, or the peristaltick motion of all the Muscles of the Body. From the observation of this vulgar Ph�no_menon, viz. the emptiness of the Arteries in dead bo_dies; the Ancients perhaps took occasion to believe and teach, that not bloud, but only Vital Spirits are con_tein'd in the Arteries. Secondly, this appears also in the Veins. For, that the bloud doth continually flow on in them likewise, not only when it is urged forward by the Arterial Bloud pursuing it, but even in the time of the hearts pauses; is evinced from this, that then the bloud runs on through the trunk of the Vena cava to replenish the right Ventricle of the heart. But why do I mis-spend time in alledging reasons to prove a truth that is manifest to sense in Phlebotomy? no sooner is a Vein open'd, than the Bloud flows forth with a swift stream, and while the wound is open, con_tinues to flow without pauses or interruption, which is a demonstration of the thing proposed, viz. of the continual motion of the Bloud in the Veins.

Being thus assured of the effect, let us proceed to investigate the Causes; which are not equally evident, nor can we hope certainly to solve this Problem, with_out enquiring the Mechanical reason of the continual motion of the Bloud through the Veins. This there_fore I will now attempt to do. That Nature hath in_stituted no immediate Communication betwixt the Capillary Arteries and the Capillary Veins, per ana_stom�sin, is manifest to sense, and now acknowledged by all Learned Anatomists: and therefore it cannot stand with reason to imagin that the Bloud in its Cir_cular course is emitted immediately out of the Ar_teries into the Veins, these vessels being separate. And though we opine, that there is some secret commu_nication betwixt the extreme Orifices of the Arteries and those of the Capillary veins, by the intermediate Spongy substance of the flesh, Viscera, and glandules, or by the Cribrose substance of the Bones, as by the Pores of a Pumice stone: yet we are still to seek, by what motive force the bloud may be carried on from those intermediate Porosities, and insinuated into the veins. First, because 'tis consentaneous, that the impulsive force, whereby the Systole of the heart squirts the Bloud into the Arteries, is by degrees weakned, and at length languid in those streights of the extreme vessels, and of the intermediate Porosities. Secondly, Because the Orifices of the Capillary veins cannot con_tinue always open and dilated; their consistence being not hard and bony, but membranose, soft and slippe_ry; so that they are apt to be closed by conniving, and consequently to hinder the ingress of the bloud newly arrived. Thirdly, Because here we can have no recourse to the compression of the Viscera, and the Muscles, whereby the bloud should be squeez'd into the Orifices of the Capillary veins; for we see, that the bloud is suckt up by the Capillary veins, not only when the Muscles are invigorated and upon the stretch, but also when they are quiet and relaxed, and do not exercise their compressive power; as is most evi_dent in sleep, when the Circulation proceeds without intermission. This is confirm'd from hence, that in the Brain, in the Medullary substance of the bones, where no compression can be admitted, the Capillary veins receive the bloud as freely as in the softer flesh it self. Seeing then that the effect cannot be denied, viz. that all the bloud effused out of the Arteries is after absorpt and carried off by the Veins, to be brought back again into the heart; and seeing also that this is not effected by way of Attraction, there being no such thing as attraction in Nature, as I have more than once elsewhere proved: we are compell'd to assert, that the Bloud is imbibed by the Capillary Veins for the same reason, and by the same Mechanick action, by which Syphons, Sponges, Filtres, Chords, and all Porose bodies are penetrated by water with which they are moistned: which power is no other than the gravity of the fluid it self, which is augmented by the impetus of its proper motion, and by the impulse com_municated to it from external force. So the motive force of Gravity, which the bloud can want no more than water can, when it finds the small chanels of the Capillary veins open (for they can never be so closely constringed by the flagging and connivency of their thin membranes, as to leave no entrance for a fluid; as appears in the Pores of Ropes how hard soever twisted) must of necessity overcome the weak resist_ence of the streights in all Filtres and Porose bodies: and consequently the bloud may be insinuated into the Capillary veins by a Mechanic action like that of Fil_tration. If this proposition be true, the greatest diffi_culty occurring in the whole mystery of the Circula_tion of the bloud, is now at length solved.

The bloud having in this manner passed the afore_said streights, and entred into the Canales of the small veins, by the same motive force, whereby it was insinuated (for such an ingress is not possible without motion) may be advanced a little farther in its way by its proper force, and by external force, and also by the impulse of the new bloud following behind; as we see water suckt up by a Filtre, to be carried on to the end of the list. Afterward, because many small veins meeting together, make one wider ductus or pipe; and because in this larger pipe the former impulsive force of necessity grows more and more languid and faint by degrees, and by consequence the motion of the bloud is retarded: therefore it stands in need of some auxiliary forces, to be carried on the rest of its journey. These are, First, the force by which the Circular Fi_bres of the Veins, that naturally have a peristaltic virtue, contract themselves always after they have been stretch'd, as all Nervose and other tensile bodies are observ'd to do: Secondly, The Compression of the Veins by the weight of the Circumambient air or Atmosphear, and the Elastic virtue of the air in_spired: Thirdly, The Tonic motion of the Muscles, when they act; together with the various motions of the Viscera, and of humours discurrent through the body; all which more or less compress the veins. Now, that the manner how this compression promotes the continual decurse of the bloud in the Veins, may be the more fully and clearly understood; I will take li_berty to lay down this

Second PROPOSITION.That by the artifice of the Valves, the Compressions of the Veins protrude the Bloud toward the heart with a moti_on doubly swifter; not indeed in a continual flux, but with little pauses interpos'd, and with unequal velocities

We here behold in the Grural vein slit open from end to end, certain Valves placed at unequal distances in the inside of the Vein: Figure I. which for demonstration sake are accurately represented in this Figure expos'd to sight. Figure II. These Valves (ye see) are nothing but half pockets of a membranose substance, or little bladders affixt to the sides or walls of the Vein, and resembled by AONMP. and BONQR. They are found sometimes single, sometimes in pairs placed one op_posite to the other, and laterally touching each other; as at NO. the convex tops of which pair respect the Capillary beginnings of the Veins beyond HL; but the Orifices of their cavities PO, RO, open toward the heart, have respect to the parts IK. Now I am to demonstrate, that from this structure and situation of the Valves, it is necessary that the Bloud be pro_truded toward the heart. Imagine then, that the same portion of the Vein HMQL is replete with bloud; and because by the circular Fibres of the Vein itself, and by the ambient Muscles, and perhaps also by the gravity of the Atmosphear, one part of the Vein is constringed after another all along; it must be, that the lateral walls ST come nearer to each other to_ward V: and then the Vein so girded will lose its Cy_lindrical form, and be turn'd into two little funnels, HVL, MVQ; which are less capacious than the former Cylinder, and therefore the bloud which was contained in the spaces VHS, and VLT, will be expell'd out of the Orifice HL; but the remaining quantity of bloud contained in the spaces VSM, and VQT, will be squeez'd without the Orifice MQ, toward IK. It appears then, that from the above_mentioned compression of the sides or walls of the Vein, the bloud is express'd in equal quantity to the op_posite parts; and this would certainly happen, if the Valves were removed. But because to the walls of the Vein within, MP, QR, are fastned two Valves; it is necessary, that the bloud impuls'd by a compressi_on made in ST, be forced through the narrow chink NO; because the yielding fluid contain'd in the cavi_ties of the Valves, and urged by the advenient bloud, is constringed, and thrust out of them; and then in_stantly the sides of the Valves, that before touched each other, NO, receding one from another, leave an open way, by which the flux of bloud coming on from MSTQ, may be insinuated, and pass forward be_yond AB. Again, after the bloud hath passed the confines of the Valves PO, RO, there necessarily follows a restriction of the little chink NO. For, the bloud it self must, by reason of its heavy bulk, and fluidity, fill the little baggs of the Valves, and so their soft and pliable sides being dilated till they mutually touch, ought closely to shut the rimula NO.

Moreover, because the Vein is not constringed in all its parts at the same time, but part after part successively; therefore after the bloud is transferr'd beyond the Valves within the little funnel ABCD, there fol_lows a constriction of the walls AD, BC, in the same time, in which ST is not constringed. And because by reason of the close shutting of the rimula NO, half the bloud, that was contain'd in the spaces EAG, FBG, cannot flow back toward AB, finding the obstacle AOB fill'd with bloud, and retain'd by the Valves; it is compell'd with a reflex motion, like that of a Ten_nis-ball rebounding from the wall, to flow toward DC: and since by the same compression, the Bloud that was contain'd in the spaces EDG, FCG, is protruded beyond DC: therefore a double quantity of bloud is in the same time, in which the compression is made, expelled through that same aperture DC: but when a double quantity of a fluid is in the same time emitted at the same Orifice, it must run out with a double Ve_locity. Thus is our Proposition verified. And as to single Valves; from what hath been said of the use of double, it may easily and genuinely be inferred, that they also help to promote the course of the bloud, though but half so much as the double. Wherefore Natures wisdom is admirable in placing single Valves both at less distance one above another, and for the most part where the Cavity of the Vein is a little narrower, or where a less Vein laterally exo_nerates it self into a greater: in both which cases the necessity of this demonstrated acceleration of the mo_tion of the Bloud, seems to be less. In the trunk of the Vena cava no valves are found; as well because of its ample Cavity, as because of its contiguity to the trunk of the great Artery, by whose pulsations it can_not but be somewhat compress'd, and consequently the Bloud flowing through it, proportionately promo_ted. In the Jugular veins also none have yet been observed; probably because in them the bloud descends swiftly enough, from its own weight and fluidity. In small veins they are not placed; unless in the Coronary veins of the heart, just at the place where they empty themselves into the right Ven_tricle of the heart: and of these too the use is, not to promote the course of bloud, of which there is no need in so small a circuit; but only to prevent the reflux of it out of that Ventricle, in the systole of the heart, as appears from their situation, and from their conformation. Nor are any found in the Arteries, in which the bloud, with migh_ty force impulst by the constriction of the heart, and of the Arteries, needs no additional machine to ac_celerate its motion: except those that are placed in the inlet and outlet of the left Ventricle, to obviate the re_gurgitation of the bloud into the arteria venosa, and out of the aorta into the left Ventricle; and the two very little Valves fited in the two Coronary Arteries, at their origine from the aorta, to prohibit the regress of the bloud into the aorta. ¶ ∵

If this Artifice of the Valves affixt within the veins be so necessary to promote the reflux of the bloud to_ward the heart; certainly he that first discovered them, deserves to be remembred with honour. But who was that fortunate man?

Fabricius ab Aquapendente put in his claim to the glory of the invention, as wholly due to himself; in these very words. Tractatu 4. de venar. Ostiolis. De his itaque [ostiolis nempe ve_narum] locuturus, subit prim�m mirari, quomodo ostiola h�c, ad hanc usque �tatem, tam priscos, qu�m recentiores Anatomicos adeo latuerint; ut non sol�m nulla mentio de ipsis facta sit, sed neque aliquis prius h�c viderit, qu�m Anno Domini Septuagesimo quarto supra millesimum & quingentesimum, quo � me summa cum l�titia inter disse_candum observata fuere.

But Padre Fulgentio professly ascribes the invention to that prodigy of Wisdom, Learning, and Virtue, Padre Paolo the Venetian: at the same time openly ac_cusing Aquapendens of disingenuous arrogance and theft, for challenging to himself the honour of having first discovered the Valves, to which he had no right; and for stealing the glory due only to Father Paul. The sence of his impeachment is this. In vita Patris Pauli. "The whole Tra_ctate concerning the Eye, which passeth under the name of Aquapendens, or at least so much of it as con_tains new and rare Speculations and Experiments, is the work of Padre Paolo; whereof I have had speech with some, that were eye-witnesses, and knew that a due part of the praise was not attributed to him that deserv'd it all. But much more in another mat_ter of more moment, which was the finding out of those Valvul�, those inward shuts or folds that are within the Veins. Of which argument I do not find, that any, either ancient or Modern, hath made mention; because it was a thing unthought of till these times, when Aquapendens moved the question in a publick Anatomy. But there are still living many eminent and Learned Physicians, among whom are Santorio, and Pietro Asselineo a Frenchman, who certainly know, that it was no Speculation, nor invention of Aquapendens, but of Padre Paolo. Who considering the weight of the bloud, grew into an opinion, that it could not stay in the Veins, except there were some bunch to hold it in, some folds or shuttings, at the opening and closing of which there was given a passage and necessary �quilibrium to life. And upon his own natural judgment he set himself to cutting with more accurate observati_on, and so found out those Valves, &c."

Having thus faithfully recited the Pleas of these two great men, I leave it to you to decide the controver_sie, and to fix the Laurel on the head of which of the Competitors you please. For my part, if my judg_ment were considerable, I should declare my self on Padre Paolo's side, as to the invention; and allow to Aquapendens the honour of being the first that by wri_ting made the thing known to the world. Under_stand me, I beseech you, only of the Valves them_selves, not of the true use of them, which neither A_quapendens, nor the Father had the happiness to dis_cover.

Not Aquapendens; because of the two uses by him assign'd to these Valves (which he most improperly named Ostiola) namely the corroboration of the Veins, which might otherwise be by the bloud every where distended and broken into varices; and the retardation of the bloud in the Veins, that so all parts of the body might have time to take in their due shares of bloud, for their nourishment, and not have their meat (for_sooth) snatcht away before they have fill'd their bel_lies: of these two mighty uses, I say, neither is true, and both are raised upon this Supposition, that the course of the bloud is out of the greater and superiour Veins into the smaller and inferiour; which is most evidently false even by the testimony of the sight. But lest I be thought, either not well to understand, or to misrepresent his meaning; I am obliged to recite his own words. Aquapend. Tract. 4. de Ve_nar. Ostiolis. Nam c�m in varicibus, in quibus aut lax_ari, aut rumpi Ostiola par est, plus minusve dilatatas sem_per venas conspiciamus; dicere proculdubi� tut� possumus, ad prohibendam quoque venarum distensionem fuisse Ostiola � Summo Opifice fabrefacta, &c. Thus far then I have done him no wrong. He proceeds. Erat profect� necessaria Ostiolorum constructio in artuum venis, qu� non exigu�, sed vel magn�, vel moderat� sunt magnitudinis; ut sci_licet sanguis ubique eatenus retardetur, quatenus cuique particul� alimento fruendi congruum tempus detur, quod alioqui propter artuum declivem situm consertim ac rapidi fluminis instar in artuum extremitates universus conflue_ret, ac colligeretur, idque tum harum partium tumore, tum superpositarum marcore. Here also I have faithfully in_terpreted his words, and ye see that he thought the contrivement of the Valves necessary to retard the motion of the bloud, because he took it for granted, that the bloud descended through the greater Veins into the less: grossly erring in both opinions. For, that the former is false, we have seen demonstrated from the construction and situation of the Valves themselves: and that the latter also is false and absurd, is known to all who understand any thing of the Cir_culation of the Bloud. To these errors he hath in the same Page added a third much more extravagant; which is, that the bloud is by a flux and reflux perpe_tually carried forward and backward in the Arteries. For, attempting to give the reason, why Nature hath framed no Valves in the Cavities of the Arteries, he saith; Arteriis autem ostiola non fu�re necessaria, neque ad distensionem prohibendam, propter tunic� crassitiem, ac robur neque ad sanguinem remorandum, qu�d sanguinis fluxus refluxusque in Arteriis perpetu� fiat. It appears then, that this famous Anatomist, who in many other things deserved well of the Commonwealth of Physicians; had no just title to the honour of having first invented the true and genuine use of the Valves: nay, that he understood no more the Mechanic reason of their conformation, than if he had never heard of or seen them.

Nor in truth did Father Paul (whom yet I never can mention without secret veneration) if the aforerecited account, and what follows immediately after, given by his most intimate friend during his life, and after his Historian, Fulgentio, be true and full. For in Fulgentio's narration of the manner how the Father came first to find out the Valves, there is this passage. "And upon his own natural judgment he set himself to cutting with more exquisite observation, where_upon he found out those Valvul�, and the right use of them; which do not only stop and hinder the bloud from dilating it self by its weight into the Veins (as we observe in some crooked and swell'd knots) but also that bloud running up and down with so much liberty, and in so great quantity, it might easily suf_focate the natural heat of those parts, which ought to receive their nourishment from it." Whence it is plainly apparent, that the Father also attributed a double use to the Valves: one, the very same with the former dreamt of by Aquapendens, who probably borrowed it of the Father; viz. to prevent the dilata_tion of the bloud into Varices, by stopping its impe_tuous motion up and down in the Veins: the other, quite contrary to Aquapendens's second use, viz. to pre_vent a surfeit of the parts upon too much bloud, and an extinction or suffocation of their natural heat by that excess; whereas Aquapendens fear'd they would be fa_misht, if the Valves did not detain their food, as Tan_talus is feign'd to be. Now if these were truly the Fa_ther's Sentiments concerning the Valves, certainly he had no right conception of Natures design in making them; as may be collected from the precedent demon_stration of their true use.

To come then to a conclusion, and draw all the lines of this scrutiny to a point; since it is evident, that nei_ther Father Paul himself, nor his disciple Aquapendens had a right notion of the proper use of the Valves; and that both believed the bloud to flow out of the greater Veins into the less, which the Fabric and si_tuation of the Valves plainly contradict: it necessarily follows, that neither of them could be Author of that much more noble and more difficult invention of the CIRCULATION of the bloud, which it was mo_rally impossible for any man to deduce from their ab_surd opinions concerning the use of the Valves, and the glory of which is wholly due to that incomparable man Dr. HARVY. Who by admirable Sagacity of Spirit, by numerose Experiments and Observations Anatomical, and by assiduous Meditation, perhaps also by the secret Manuduction of Fate, that had re_served the secret for his knowledge, attained at length to the invidiose felicity of finding it out, and revealing it to the world. I wonder therefore that some men of not obscure names in the Catalogue of Anatomists, have shewn themselves so ungrateful and envious to_ward this immortal man, as to ascribe this divine in_vention to Padre Paolo: I mean, Joh. Wal�us and Tho. Bartholinus. The former of whom doubted not to write thus. Joh. Wa�us epist. 1. de mo_tu Chyli & Sanguinis. Vir incomparabilis Paulus Servita Venetus Valvu_larum in venis fabricam observavit accurati�s, quam mag_nus Anatomicus Fabricius ab Aquapendente postea editit, & ex ea Valvularum constitutione aliisque experimentis hunc sanguinis motum [puta Circularem] deduxit, egregioq; scripto asseruit, quod etiamnum intelligo apud Venetos as_servari. Ab hoc Servita edoctus vir doctissimus Guliel_mus Harveius sanguinis hunc motum accurati�s indaga_vit, inventis auxit, probavit firmi�s, & suo divulgavit nomine. The other had the confidence to affirm, that Veslingius had communicated to him, as a secret never to be revealed (forsooth) to any third person, that the Circulation of the bloud was the invention of Father Paul the Servite, who had written a book of it, which was in the custody of Fulgentio at Venice. Thom. Bar_tholin. epist. Medicinal. cen_tur. 1. epist. 26. To refute this palpable fiction, to what I have already said of Father Paul's ignorance of the right use of the Valves, I need add only this, that if Fulgentio had had in his hands any such Manuscript of the Fathers, as these Detractors have imagined; 'tis wonderful strange he should never so much as mention either that or the Circulation in his whole History of the Father's life; when of all the subtle Speculations and disco_veries of natural secrets by him attributed to the Fa_ther, nothing would have so much conduced to the propagation of his glory, as that. Here therefore I put an end to this long digression, to which the ne_cessary contemplation of the Valves gave an inviting occasion, and which, being intended only to do right to the venerable memory of Dr. Harvy, all lovers of truth, as well as all Members of this Noble Society will (I presume) easily pardon. ¶ ∴

Having inquired into the velocity of the motion of the bloud in the Veins, and the mechanic causes there_of; let us next consider the velocity of the motion of the same bloud in the Arteries. For the clearer under_standing of which I lay down this Third Proposition,

PROPOSITION III. That the Arteries of an Animal, their constriction or pul_sation being complete, do not remain wholly empty of Bloud.

Evident it is even to sense, that all the veins of a Sanguineous Animal taken together, are larger or more capacious, perhaps in a quadruple proportion, than all the Arteries put together: and the whole mass of bloud runs through all both Veins and Arteries, which mass in full-grown men commonly exceeds not 18, or 20 pints: and though the Veins, by reason of their transparent coats, always appear full of bloud, yet a man may doubt, whether the Arteries also be always full; that is, whether they only give passage to the bloud in the time of the pulsation, and then in the time of their quiet remain wholly empty, or not. To resolve this doubt therefore, I say, that the Arte_ries, if they were wholly empty in the intervals of their pulsations, then being laid naked to the sight, they would appear constringed and lank, like chords extended: but our eyes assure us, that on the contra_ry they retain their round and plump figure, and be_ing press'd by the finger resist the pressure; neither of which can possibly consist with a total exinanition. Again, the Veins being laid naked, if, after the pul_sation of the heart, the Arteries remain'd empty; then certainly would the pipes of the Veins by the quantity of 5 pints of bloud crouded into them more than what they are proportion'd to contain, be distended at least a third part more than they ought: but this is sensibly false, for their coats are not distended beyond their usual rate. Ergo, the Arteries are at no time wholly empty.

Moreover, in Animals whose Arteries are transpa_rent, as in Snakes, Vipers, Eels, Froggs, &c. we may from their Purple or bluish colour perceive the Arteries to be full of bloud. Which is alone sufficient to evince, that the Arteries do not remain empty after the pulsation of the heart, but contain at least a 4th part of the whole mass of bloud, which in a man is about 5 pints.

Yet farther, the Arteries, in the moment of their pul_sation, are highly turgid, when yet not above 3 ounces of bloud is emitted into them by the Systole of the heart. Therefore, if before the Systole the Arteries were wholly empty, a space 20 times greater than their bulk is, would inevitably be filled by the 3 ounces of bloud emitted by the heart: but this certainly is im_possible without such a rarefaction of the bloud, which no man of common sense will admit. Therefore to replenish so great a vacuity in the Arteries, there must come into them five pints of bloud, either from the heart, or back, out of the Veins: but neither of these is possible in nature.

Let us add, that 3 ounces of bloud emitted by the Systole of the heart, cannot fill a space greater than half a foot of the next Arteries to the heart. There_fore, if the Arteries were empty before the Systole; truly all the rest of the Arteries would remain empty also in the following Systole; and consequently could not beat at the same time with the heart, and the Cir_culation of the bloud through them would be inter_rupted or discontinued, contrary to the mechanic ne_cessity thereof.

In fine, we are convinced by common experience, when an Artery, whether it be great or small, is cut, the bloud is in every pulsation squirted out with mighty violence. Now it is impossible this should happen, unless all the Arteries were full of bloud all along from their beginning to their end; because the violence of the stream of bloud gushing from the in_cision, hath no other efficient cause, but the protru_sion of the bloud coming on behind and urging the antecedent. But in the following pulsation there is an accession of no more than 3 ounces of bloud; which cannot by its quantity replenish half the capa_city of the Arteries. Therefore unless there remain, after every pulsation, 5 pints of bloud in the Arteries, they cannot be made turgid again in the following pul_sation. So that nothing is more certain or more evi_dent than this, that in a living Animal the Arteries are never empty. Quod erat ostendendum.

From the pr�cedent Theorem naturally arises this Consectary:

That after the pulsation of the heart, there remains in the Arteries the 4th part of the whole mass of bloud conteined in the body of an Animal; and in a man commonly about 5 pints: and that the proportion of bloud expressed by the Systole of the heart into the Ar_teries, is about one twentieth part of the bloud con_tain'd in them. As also that 3 ounces of bloud ejected out of the heart into the Arteries, fill a space in the Arteries next to the heart no greater than half a foot, namely so much as is triple, or quadruple to the lati_tude of the Ventricles of the heart.

PROPOSITION.That the motion of the Bloud in the Arteries, is threefold swifter than the motion of the Heart, that impells the Bloud;

Because in the same time are absolved all these moti_ons, viz. the dilatation of the Pores of the heart, the restriction of its Cavities by the swelling inward of the walls of the Ventricles, the expulsion of the bloud contein'd in the Ventricles, the motion of the expulsed bloud in the Arteries, and the promotion of the mass of bloud pr�existent in them, caused by the urgency of the new bloud coming on out of the heart: all these actions, I say, are performed in the same time.

And it appears, that the three former operations are performed with the same velocity in the heart, be_cause the Fibres of the heart, by reason of their abbre_viation, are with the same motion moved through the same space of the amplitude of the Ventricles, through which they are moved by restringing the same Ven_tricles, and squirting out the bloud that was conteined in them. And the two last operations likewise are per_formed with the same velocity. For look how much space the bloud expelled out of the heart runs through in the Arteries, just so much space must the mass of bloud pr�existent in them be driven through, in the same time; because one part of the bloud must give way to another urging it forward, as fast as that comes on behind.

But if the motion of the constriction of the heart be compared with the progressive motion of the bloud in the Arteries; then doubtless they will not be found to be of equal velocity: because the former motion, viz. of the constriction of the heart, is made through a space equal to the latitude of the Ventricles of the heart, which at most excedes not 3 inches breadth: but the space through which the 3 ounces of bloud expressed out of the heart, run in the Arteries, is equal to the length of half a foot. Therefore the space will be triple at least to the space of the former motion: and yet both these motions are performed in the same time. Ergo, the motion of the bloud in the Arteries is threefold swifter than the motion of the heart, that causes it. Quod erat propositum.

I add this remark, that the motion of the bloud in the Arteries is always the same, whether the three ounces of bloud emitted into them out of the heart, exactly fill the space dilated in them; or whether any portion of it be after their repletion expell'd out of them. For in both cases, the bloud pr�existent in the Arteries, is just so much promoved in its course, as 3 ounces newly emitted take up of space, which run through more of length than half a foot. ¶ ∵

Here I cannot fairly decline to encounter a vulgar error, that stands in my way. Which is, That the bloud is expelled out of the Orifices of the Arteries into the substance of the Parts, by no other cause but the constriction of the Heart. To refute which I will assert this

PROPOSITION,That the cause expelling the Bloud out of the Arteries, is not the Systole of the Heart alone, but the constrictive or peristaltic motion of the Arteries themselves natural_ly and necessarily succeeding their expansion.

To the pulsation of the heart two effects are subse_quent, viz. the repletion of the Arteries by the bloud emitted into them, and the expulsion of the same bloud out of them into the habit of the parts. Now certainly these two operations cannot be performed together or at the same time; because the former is done by dilatation, and the other by constriction of the same Arteries, which two contrary motions cannot be co_incident. Wherefore it is of absolute necessity, that the repletion of the Arteries be precedent, and the evacu_ation be subsequent.

But the repletion cannot be made without a violent distention of the transverse or circular Fibres of the Arteries, and we all know, that all the Fibres of ves_sels, no less than those of the Muscles, of the Guts, Stomach, Tendons, Membranes, and the like Fibrose parts, naturally resist distraction, and have a power of contracting themselves after extension. Yea more, we see that all Fibres even in their natural posture are somewhat upon the stretch: for when they are cut, they instantly shorten themselves toward both ends: which would not happen, if they had been constituted in a middle state betwixt laxity and extension, as a Bow unbent is quiet, suffering neither contraction nor distraction of its parts.

Now if all Fibres even in their natural state suffer some degree of stretching; certainly when the Arte_ries are replenisht with bloud, their cavity must be dilated; and in the dilatation of their cavity, their transverse or circular Fibres must suffer much more stretching, than they did before. And because to this dilatation of the Arteries a constriction immediately succeeds, which is not possible to be effected without an abbreviation of the circular Fibres of the Arteries; and because that abbreviation or contraction is conna_tural to the Fibres themselves: therefore it is impossi_ble, that the Arteries, after that violent stretching caused by their repletion and turgency, should not ex_ercise, by natural necessity, that mechanic power they have of contracting them_selves, by vertue of their circular Fibres girding them inward: and equally impossible, that the Arteries should so contract themselves, without expelling at the same time out of their Orifices, the bloud that dilated them. Whence it ap_pears beyond dispute, that the spontaneous constricti_on of the distended Arteries is the cause of the expulsion of the bloud out of them into the substance of the parts; contrary to their opinion, who ascribe this expul_sion only to the Systole of the heart. ¶ ∵

The natural method of acquiring Science, ye know, is to begin from things more known, and then to ad_vance to things less known; to procede from effects to their causes. Seeing therefore that we are now certain that the bloud in Aminals is carried by a per_petual circular motion through all parts of the body; our next business is to enquire, what are the Causes of this admirable motion, as well the final as the effici_ent.

I begin from the final; it being a question worthy our consideration, why or to what end Nature, all whose counsels and actions are ordained by an infi_nite wisdom, hath instituted this rapid Circulation of the bloud.

Constant it is even from common experience, that whenever the bloud is quiet or ceases from motion, whether within or without the body of an Animal, the red and grumose part of it soon curdles, and is separated from the serose or albumen: and so the con_stitution or contexture of it is dissolved and corrupted: whereas on the contrary, while the bloud continues in perpetual motion within its vessels in the body of a living Animal, so long the ordinate mixture of its elements, due temper, and vital constitution of it is conserved; for mechanical reasons in our ensuing dis_course to be explained.

It seems then, that such a mixture of the constituent parts of the bloud, upon which the vitality of it doth necessarily depend, cannot be otherwise conserved, than by a continual agitation and concussion made in the vessels, first by the heart, with strong force im_pelling the bloud through the Arteries; then, that im_pulsive force languishing by filtration in the spaces intermediate betwixt the Arteries and Veins; next in the Veins, by the constriction of their circular Fibres, by the compression of the Muscles, and the Viscera, and the inspired air. All which compressions would not suffice, were not Valves placed commodi_ously within the Veins, by which the motion of the bloud is accelerated, and a farther conquassation of it made.

And here we meet with a fair occasion to reflect upon the mutual Anastom�ses of the Capillary Veins, and the infrequent distribution of Valves in one and the same Vein: for both these contribute also their proportions toward the end now under our disquisiti_on. For, the texture of the Veins being indeed lax and soft, yet such as may by virtue of their circular Fibres be constringed and contracted: hence it is, that by the bloud regurgitating in those tracts of the Veins, that have no Valves, by the great quantity and force of its regurgitation or recoiling, the lowest part of the Vein is much dilated; and on the contrary the highest part is contracted: So that the bloud being by this reflux, though inobservable, agitated and conquassated, may revive its due commistion, and conserve its vital con_stitution. It appears then, the defect of Valves also hath its use. Within the cavities of the Arteries (as I said before) no Valves are placed, because the grand force, by which the bloud is impell'd through them, is more than sufficient to conquassate and commix it, by wedging in as it were the more fluid albugineous particles among the red grumose particles, that from both sorts comixt per minimas moleculas (as they say) and yet mutually reluctant, the Vital Mication, or Oscillatory intestine motion of the bloud may be con_tinued. So then here is neither need of, nor place for a Fermentation. Now from the consideration of these things premised, I conclude, that the Circulation of the Bloud was instituted for the conservation of its requi_site temper and vital constitution: Which was to be inquired, and which leads us to

The admirable effects and benefits arising to the Animal Oeconomy from the same Velocity of the Circulation of the Bloud;

Which being certainly so great, that the whole mass of bloud runs its circular race in the twentieth part of an hour, or thereabouts, even in a sedentary and se_date man; as hath by many been demonstrated from the quantity of bloud commonly contein'd in the body, from the number of Pulses made in an hour, and from the quantity of bloud exprest by every pulse of the heart: and we having already seen what advan_tage redounds to the bloud it self from this velocity: our curiosity spurs us on to enquire also, what other scopes or ends Nature may probably be conceived to have proposed to herself, when she instituted this so rapid motion; or what emoluments and benefits from thence redound to the Oeconomy of the whole body.

Of these the first seems to be this, that in every pul_sation of the heart, a great quantity of bloud is effused and protruded out of the Capillary Arteries into the habit of the parts, for their refocillation by influent life (of which I have formerly discoursed copiosely in this place.) For, by how much swifter the motion of any liquor or other fluid through a pipe or canale is, so much a greater quantity of it is, in equal time, ef_fused at the Orifice thereof; as hath been ingeniously demonstrated by B. Castellus: Lib. de aqua fluxu. and therefore the bloud is, like a full and rapid torrent, impelled into the Pores of the flesh and Viscera.

The second is the energy of the stroke, with which the bloud projected by the heart, dashes against the same extreme parts: which energy is composed of the degree of velocity, and of the quantity of bloud im_pulsed, as that excellent Mathematician Jo. Alphonsus Borellus hath fully demonstrated. Tract. de vi percussion. Cord. prop. 28. By this stroke it is, that the newly emptied and conniving porosities of the Muscles and Viscera are forced open and replenished with the impulsed bloud, that communicates to them vital heat and fresh vigor: and that the torpid, use_less, and excrementitious particles there remaining, are protruded and expelled, partly through the pores of the skin, partly through vessels destined to their transportation and expulsion. So that by this rapid rushing in of the bloud, nature attains to not only a reviving of the solid parts of the body, but also to the expurgation of the bloud it self from its unprofitable and excrementitious parts, in the Emunctories or_dained for that office.

A third advantage is, that by the same rapid ve_locity of the bloud, and its vehement intrusion into the narrow meatus of the parts; the current thereof dislodges, rinses away, and carries with it many other amoveable particles of various kinds, Saline, Sulphu_reous, &c. principally the reliques of the nutritive and nervose juices brought thither from the brain; which though unprofitable now to the refection and invigoration of the parts in which they were left, may yet be of some use to recruit and conserve the Crasis of the bloud, and to expedite the secretion of its excre_ments. This artifice of nature we may more easily comprehend, by observing, that the foreign particles now mentioned are extricated and rinsed away by the bloud, not in ample vessels, but after the egress of the bloud out of the Capillary Arteries, in the intermediate spaces betwixt them and the Capillary Veins, where end innumerable small Canales, some of which bring in the nutritive and nervose liquors, others export the superfluous and less profitable particles of them; which small pipes are, like the Capillary roots of plants, almost every where disseminated into the fleshy parts, into the Viscera, and (most frequently) into the glandules. And this seems to be done, to the end that so many particles of these spiritual and noble juices, being rinsed away by and commixt with the bloud, may advance and conserve the due con_sistence and constitution of it.

Now of these three considerable benefits, no one seems to me possible to be attained otherwise than by the perpetual and rapid motion of the bloud. Where_fore I am not destitute of a rational ground to support my conjecture, that for these ends Nature thought fit to institute the swift motion of the bloud in its Circulation. ¶ ∵

But what may we conceive to be the reason that induced Her to institute also so multiplied a repe_tition of this course of the bloud through the same ways?

A River, we know, though the water be in a con_tinual flux, is yet still the same river, because the elapsed parts are continually succeeded by new waters coming on with the same degree of speed to supply it. But to maintain this perpetual succession and supply, upon which the identity of the river necessarily de_pends, there is required, either an immense quantity of waters from a spring to feed the current, or the same elapsed water must be brought back again to the foun_tain whence it flowed, that so by perpetually reiterated circuitions the course of the river may be conserved, which otherwise would soon fail and cease.

We are then no longer to admire that Nature, having designed to bring the river of bloud with a most rapid course through the whole body of an Animal, for the various ends above explained; and resolved to make that course perpetual, during the life of the Animal: made use of the same expedient, viz. to repete the circuition of the same bloud without intermission. For the whole mass of bloud commonly found in the body of a man, not exceding 20 pints; and that quantity not suf_ficing to maintain the course above 5 or 6 first minutes of an hour: lest the current might cease, and so life also fail, it was necessary that the circulation of the same mass of bloud should be continually reiterated, for the conservation of life.

Besides this necessity, there are many admirable uses and advantages which Nature brings to an Animal, by often repeating the period of the circuition of the bloud through the same ways. For if the Circulation were not in this manner reiterated, the bloud could not be def�cated from it biliose excrement in the Liver, nor (according to the vulgar opinion) from the matter of Urine in the Kidneys; nor could either the Chyle be commixt with the bloud in the heart, or the Lympha be brought to temper and dilute it in the Veins: nor could various other operations necessary to the Animal œco_nomy be performed. All which it were not difficult for me to deduce from this repeted circuition of the Bloud, if the shortness of the time appointed to me for the administration of my present province, did not ob_lige me to pass by all collateral disquisitions, and to per_use my principal Theme, the Motion of the Bloud. From the final causes of which I will therefore in a di_rect order procede to the Efficient. ¶ ∵

|CSC |Y1698 A SHORT ACCOUNT, OF THE Nature and Use OF MAPS. AS ALSO Some short Discourses of the Properties of the Earth, and of the several Inhabitants thereof. To which is Subjoin'd, A Catalogue of the Factories and places now in possession of the English, French, Dutch, Spa_niards, Portegueze and Danes, both in the East and West-Indies. &horbar LONDON, Printed, and are to be Sold by Mr. Mount, at the Post_ern on Tower-Hill; Mr. Lea at the Atlas and Hercules in Cheapside; Mr. Worgan Mathematical Instrument_maker under St. Dunstan's Church, Fleetstreet; and by William Alingham, Mathematick-Teacher in Chan_nel-Row, Westminster, 1698.

&horbar &horbar TO THE READER. Reader,

THE design of the Ensu_ing Treatise, is a short Account of the Nature and Use of Maps; a knowledge of great advantage to several sorts of People; and the princi_pal branch of that noble Science of Geography, which informs you in the Nature, Property and Magnitude, not only of the whole Earth, but also of each distinct and particular part thereof.

For by this Science the Di_vine, Merchant, Souldier, and Traveller, may (without danger of those apparent ha_zards they are like to fall un_der) take a particular View of those vast and pleasant Countries, they have occasion to visit or mention in their several Voca_tions. Such, with many other, are the advantages of this Ex_cellent Science. But leaving this, I shall give you a short ac_count of the ensuing Treatise, which as the Title informs you, is the Nature and use of Maps, in which I have incerted such Discourses as is requisite to give you a clear understanding of the Nature and Reason of their pro_jection: Next I proceed to their Use, in knowing how to find out any place, by the most practical and Common Methods yet known; and also how to Mea_sure the Distance betwixt two places when found in any Map; with other pleasant Accounts of the Distinction and Division of the Earth into Zones, Climates and Parallels.

Lastly, I have added a Cata_logue of the Places and Facto_ries now in possession of the English, French, Dutch Spaniards, Portugueze and Danes, both in the East and West-In_dies, as they were Collected by an Ingenious Author; all which is humbly presented to those, whose Genious leads them to the consideration of such Excellent Inquiries.

&horbar

A new map of all the earth: occupies two pages

&horbar &horbar OF THE EARTH.

THE Earth was in the Beginning, by Command of the Most High, created out of a Chaos, or a con_fused Heap, which before had no Form, and was made a Habitation for Man to dwell upon, that, for a time, he might Contemplate upon the inferiour Works of his Creator. The Description of this Earth is termed Geography, and the Fi_gure that the Earth and Water do toge_ther Constitute, is, by many Observati_ons and Experiments prov'd to be round, or in form of a Globe, hanging by no_thing in the Air, and by the most Accu_rate Observations its Circumference, is found near 24971 English Miles, and consequently its Diameter 7291 of the said Miles, as has been found by the late Experiments of several Nations. The greatest part of this Globe is covered with Water, for ought we yet know, which at the Creation, by the Almigh_ty Decree, was gathered into one place, call'd the Sea: This Ball, or Globe, of Earth and Water, is covered with a thin subtile matter, call'd Air, by which it is rendred Habitable, in the Center of this Globe, is an Attractive Power, by ver_tue whereof all heavy Bodies, though loosed from it, will again return and cling to it, by which faculty 'tis defen_ded from Dissolution, in not permiting the least part thereof to be seperated from it.

This Globe by its (or the Suns) two_fold motion, enjoys the grateful Vicis_situdes of Day and Night, Winter and Summer; the first, by turning upon its own Axis once in 24 Hours, and the second, by having the said Axis car_ried about the Sun in the space of one Year, by some unknown prin_ciple of Nature, during the time of its other Revolution; and this Axis not being perpendicular to the plain, in which the said Annual Motion is performed, causeth one Hemisphere to have more of the Sun's Light for one half Year, and the other Hemisphere for the other.

Arguments for proving the Spherick, or Globular from of the Earth.

A Globe, or Sphere, is a perfect round solid Body, contained un_der one Surface, in the midst of which is a point call'd the Center, from whence all Lines drawn to the out-side are equal; these Lines are termed Semidiameters.

Of this Form and Figure is the whole Earth and Sea, as we have reason to con_clude, from several undoubted Obser_vations and Experiments, the principal of which follows.

First, Eclipses of the Moon which are caused by the Earths coming be_twixt the Sun and Her; for the Moon having no light, but what she receives from the Sun, is hindred of it by the Opaque Body of the Earth, who inter_posing betwixt the Sun and Moon, casts her shaddow upon the Moon, which to us appears Circular thereon; and there_fore, according to Optick Principles, the Earth from whence it proceeds, is a Sphe_rick or Globular Body.

Secondly, Eclipses of the Sun, which are caused by the Moon's passing betwixt him and those places where he ap_pears Eclipsed; for unless the Earth were Globular, as Astronomers have assumed it, the time when, and place where, So_lar Eclipses should happen, could not be determin'd; but seeing both time and place is nicely limited, their suppositi_on of the Earth's roundness must needs be true.

Thirdly, Because of the Phenomenaelig; do Rise, Culminate, and Set, sooner to the Eastern then to Western Inhabitants, as has been observed by those who have carri_ed correct Time-keepers to Sea, and this proportionally according to the roundness of the Earth.

Fourthly, Viewing from the shoar a Ship a good distance from you, at first you shall only perceive her Top-sails, but as she approaches nearer, you shall see her Lower-sails, and at last her Hull, which I think is an Evident Proof of the Earth's Sphericity; for did not the Glo_bosity of the Water interpose betwixt our sight and the Ship, we might more easily see her Hull than her Top-sails at first.

Fifthly, Our Modern Navigators, in their Voyages, especially, those that have been made round the World by Drake and Cavendish, make it very ap_parent; for sailing Eastward, they have, without turning back, arived to the place from whence they first set Sail, on_ly they came short home by one Day and Night, that is, they were absent 24 Hours more by their own reckoning, than by the account of them kept at Home, which thing further Confirms the Earth's Sphericity.

Sixthly, It is found by daily Practice, that the Degrees of every parallel upon Earth, have the same proportion to the Degrees of the Equinoctial, as the Degrees of the like parallel of an Artifi_cial Globe, has to a Degree of the Equi_noctial thereon described.

Seventhly and Lastly, Common Expe_rience shows us, That sailing, or going towards the North, we raise the North_Pole, and Northern Stars, and on the contrary, do depress the South-Pole and Southern Stars, the North Elevation en_creasing equally with the South Depres_sion, and both proportional according to the distance sailed, the like happens in sailing Southwards; besides, the Oblique Ascention, Descentions, Amplitude of rise_ing and seting of the Sun, Moon and Stars, would be the same in all places, were not the Earth Globular.

And it may further be observable, that was not the Earth Globular, but a long Round-flat, as some have foolishly im_agined, then these absurdities would follow, viz.

The Elevation of the Pole, and Height of the Stars, would be the same in all places.

The same appearance of the Heavens would be to all Inhabitants.

The Sun, Moon and Stars would Rise, Culminate, and Set, to all places at the same time.

Eclipses would appear to all People at the same time.

The Days and Nights would be of the same length to all parts, neither would there be Day in one place, when there is Night in another.

Shadows would be alike in all places, that is, all of them would be one way, neither would one Country be Hotter or Colder than another.

But though we thus endeavour to prove the Earth round, yet it must not strictly be taken, as if there were no in_equalities of its Surface; for the Moun_tains, Hills and Vallies, which are so common in most parts of it, cause some Irregularities and Cragginess in the Sur_face; yet because the greatness of these inequalities have scarce any sensible pro_portion to the whole, the height of the highest Mountain being not 1/6000 part of its Diameter, which is inconsiderable; and therefore notwithstanding these small Irregularities, we may affirm the Earth to be round, or in form of a Globe, or Sphere. &horbar

Of the Measure of the Earth.

THE Earth and Water being of this Form, we shall in the next place enquire into its Extent, for the effecting of which, several Essays have been made, to find either its Circumference or Dia_meter; for when one of them is gotten, the other is easily known, and by ha_ving them both, its Surface and Solidi_ty may be nicely Discovered.

Now, as their Conclusions has been different, so has the ways by which they have endeavoured to attain them. Eratosthenes's way was by the Sun-beams, and Shade of a Stile, vid. Deschale's use of 29. 1 Euc. Maurolycus Abbot of Mes_suva, his way was by finding the Quan_tity of the Angle, made by two lines drawn from the Surface of the Earth, to the top of any high Hill, vid. Deschale's use of the 6. 2. Euc. A third way was by Eclipses, which is very uncertain. for a small mistake in the times of Obser_vation at one or both of the places, will cause a very great and sensible Error, in the Distances of the said places.

A Fourth and surest way which has been try'd by most Nations, is, that of measuring North and South under one Meridian, some good large Distance, viz. one or two Hundred Miles; for in those Observations of small Distances, there can be no certain Conclusion. The me_thod of doing this, is either with an In_strument and Chain, or else with a Pe_rambulator, or measuring Wheel, which after 'tis actually taken, must with great care be plotted down upon Paper, but not without allowing for the Variation of the Needle, and all notable Ascents and Descents with other turnings and windings, that will of necessity be met with in the way, and so by this means we shall come to know how many Miles on the Earth will answer to a Degree in the Heavens, provided an exact Obser_vation by a large Quadrant, or other In_strument, be made to find the Latitude of the place we begin to measure from, and the Latitude of the place we measure to.

According to this Method, did Mr. Richard Norwood, a good Mathematician, and an able Sea-man, in the Year 1635. make an Experiment in measuring the Distance betwixt London and York, by which he found one Degree upon Earth, that is, the 1/360 part of the Circumfe_rence of the Earth to contain 69 4/11 Eng_lish miles (each English Mile contain_ing 5280 Feet) and consequently the whole Circumference of the Earth 24971 English Miles, and its Diameter 7291 of the same. From these Dimensions will the Area of the Surface of the whole Globe of Earth and Water be found to be 197795291 square English Miles, and its solid Content 261089784120 Cubical English Miles, which account doth likewise nearly agree with the Dutch and French.

Definitions.

THE Earth being in the Form be_fore Described, Astronomers have form'd an Artificial one in representation thereof, on which they have Pictured both Sea and Land in all their parts, and according to their Scituation so far as is known, a type of which is here deline_ated, where the straight Line 90.90.90 in one Hemisphere is the Axis of the of the World, the Arches 80.80; 70.70; &c. encreasing in bigness are parallels of La_titude, and the Arches 90.80.90; 90.70.90, &c. are our Circles, or Meri_dians; among which is one that is the outermost which is as it were the Land_mark of the whole Sphere, being the bounds from whence the Longitude of any particular place is accounted quite round the Globe.

Now this Meridian from whence we begin to reckon the Longitude, has been differently assigned by several Nations, for the Arabian and Nubian Geographers, place it at the utmost Extremity of the Western shoar.

Ortelius, in his Sheet-Map of Europe, makes London to lie in 28 Degrees, but in his Sheet-Map of France and Belgia, it lies but in 21 Degrees of Longitude; so that where he begins his Longitude, is not exactly known.

The Spaniards, since the West-Indies Conquest, begins at Toledo, and contra_ry to all other Accounts, reckon their Longitude is from East to West.

Blaew, the Dutch Geographer, begins his at Teneriff, the most Noted of the Ca_nary Islands, though on his large Map of the World, he makes it pass through Tercera, one of the Azores.

Sansoon, the French Geographer, begins his at Ferro, one of the Canaries: Our late Geographers, especially the English, place it in the Azores, some beginning at Tercera, others at Corvo, a third at Gra_tiosia; though upon our new sort of Globes, and some late Maps, it is made to pass through the Westermost part of St. Michaels.

So that Longitude is the distance of a place reckoned in the Equator, from the Meridian, which passes through that place you begin your Longitude from.

Latitude is the nearest distance of a place from the Equator, or the height of Pole above the Horizon.

Continent, is a great part of the Habi_table Earth that lies together, not being divided by the Sea; such is the whole Continent of Europe, Asia and Africa, as likewise America.

Island, is a piece of land Environ'd quite round with Water, as Great Bri_tain, Ireland, &c.

An Isthmus, is that little Neck of Land that joins a piece of Land to the Conti_nent; such is that of Sues, which ties Asia to Africa, and that of Corinth, which ties Morea to Greece.

Peninsula, is almost an Island, being that which is so tied to the Continent by an Isthmus; such is Affrica and Morea.

A Promontory, or Cape, is a high Land bending or running out into the Sea; such is the Cape of St. Vincent's, Cape of Good Hope, &c.

Mountain, is a part of the Earth higher than the rest; such is the Alps, the Che_viat Hills.

Of the Water.

THE Ocean, or Main Sea, is that vast body of the Water, that en_virons, or surrounds, the Continent.

Gulph, is an Arm of the Ocean, running in between Lands; such is the Gulph of Persia, Arabia, &c.

Straight, is a narrow Channel that joyns one Sea to another, or Gulph to the Ocean; such is that of Gibralter, which joins the Mediteranean to the Western Ocean.

Lake, is that which continually keeps standing Water in it; such is that of Nicaragua in America, and Zair in Af_frica.

River, is a fresh running Water, that looses its Streams in the Sea; such is Thames, Severn, &c.

Port, or Harbour, is a small portion of the Sea of such Depth, and so hemn'd in by the Land, that Ships may there Ride in Safety.

Bay, is likewise an Arm of the Oce_an, but the Entrance thereof is much wi_der than that of a Gulph.

Shelf, is either a heap of Sand, or else a Rock that lies near the Surface of the Water.

Archipelago, is a Sea where many Islands are.

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A short Description of the making and projecting of Circular Maps.

MAPS are only the Pictures, or Representations of any part, or parts, of the Globe in Plano, that is, they are a Perspective Draught either of the whole, or else some particular place, or part of the Earth: For suppose the Earth was Transparent, and the Eye to be placed some where in the Equator, and that at Right Angles, to the Line passing from the Eye to the opposite part of the Earth, a Plain be conceived to be placed cuting the Earth into two equal Parts, that is passing through the Earth's Cen_ter; then I say, if from the Eye Rays be im_agined to pass thro' the said Plain, to eve_ry Physical Point in the obverse Hemi_sphere of the Earth, these Lines shall pro_ject Points upon the said Plain, which, if join'd, will give the true Picture of one half of the places on the Earth's Surface. And because, but one half of a Globe is to be seen at one time, therfore if you desire a Representation of the whole Terraqueous Globe, it must be done in two Hemispheres.

According to this Representation, there is Geometrick Rules laid down, for Projecting and Delineating the Cir_cles and Lines as they thus appear to the Eye, whether 'tis upon the plain of a Meridian, which makes the common Hemispheres, or else upon the Equator, which is that we call the Polar Pro_jection, because the Eye is supposed in the Pole? And this Projection is almost as frequent as the other.

As for the Geometrick Directions, for teaching how to draw these Circles and Lines, as they thus appear to the Eye, either upon the plain of the Meridian, or Equator, I shall not here show, be_cause it properly belongs to the Projecti_on of the Sphere.

How to lay down places upon the Hemispheres.

BUT supposing it done, I shall di_rect you how to lay down places upon the Hemispheres, having therefore compleated a Projection of the Imagina_ry Circles, viz. Equator, Meridian, Par_rallels, &c. as in the annexed Map of the World may be seen; consider that the Longitude and Latitude of any place is determined by the Meridian, and Pa_rallel of that place, so that having the Longitude and Latitude of any place, we may incert it in the Map thus: Count from the Meridian, or outermost Circle on the Equator, the Longitude of the place you desire to Express, so shall you thereby find the Meridian of that place; Then among the Parallels find the Latitude of that place, and in the point where the Meridian and Parallel intersect, is the place to be put in the Hemisphere.

By this Artifice, may the one half of the Earth's Surface, by taking several points, be delineated in Plano, just as it appears to the Eye in the aforesaid Po_sition, and after the like manner is the other Hemisphere to be projected.

If you would make a Map, but of some large part of the Earth, such as Europe, Asia, Germany, Spain, France, &c. the method and manner of doing it, is the same with the preceding, only in this case, the projection is made much larger, and then cut off in a square form to such Latitude and Longitude, as will contain the extream Latitudes and Lon_gitudes of that portion of the Earth you design a Map off. After the same manner may you divide it, if it be a Map of Europe, Asia, &c. into its Em_pires, Kingdoms and Provinces, by laying down the Latitudes and Longitudes thereof.

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Of the making of right lin'd maps.

MAPS that are Projected after this way, ought to be but of small places, that is, such which have scarce a sensible proportion to the whole Surface of the Earth, else they will be very Erronious, because the least portion of the Earth's Surface is Spherical, which, if we consider, and take for plain, as we do in this Case, must needs be false; but for small places lying either upon the Equator, or within few Degrees of it, they may without much Error be thus Represented, their Surface being very little differing from a true Plain.

In order therefore to make a Map of some such place, consider both the dif_ference of Longitude and Latitude of the extream parts thereof; As suppose I would make a Map of a place, whose diffe_rence of Longitude is 4 Degrees, and the difference of Latitudes, if they were both North or South (else the sum of them) 6 Degrees; draw a blind Line, then take any length for a Degree, which let be as large as you please, for the larger the better: This length prick off 4 times on the said Line, for your Degrees of Longi_tude, after which raise a Perpendicular, and take the same distance as before, and run off 6 times upon it, this done, com_pleat the Parallelogram, whose sides in this Case, will be as 6 to 4, that is, the Latitude is 6 Degrees, and the Longitude 4, and this finishes the Limits of your Map.

It will be necessary also to subdivide each Degree into 6. 10. or more equal parts, as the largeness of the Degree will permit; after which, prefix both to Top, Bottom, and each side the Num_bers, Corresponding to the Latitudes and Longitudes.

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How to lay down Places on this Plan.

THE Plan being thus prepared, and a Table of the Longitudes and La_titudes, of all the boundary parts of the place you would make a Map off, if laid down before you, which Latitudes are actually and nicely found by some large Quadrant or other Instrument, and the Longitudes calculated from the bearings of Places, observed by the Needle, Di_stances measured, &c. Proceed as follows.

Suppose one point of the place you design a Map off, is in the Latitude of 2 Degrees, 20 Minutes, and Longitude of 14 Degrees, 40 Minutes: Here I be_gin and count from the Bottom of the Map, upwards on each side, 2 Degrees 20 Minutes, and from those two points draw blin'd line through the Map, this done, I count from the left hand side of the Map towards the right, both at Top and Bottom, 14 Degrees 40 Minutes, and from these two Points, draw an ob_scure Line also quite through the Map; the point where these two lines cross each other, is the true point, where such place ought to be set; after the same manner, proceed to incert all the bounda_ries, and principle places within the Map, by having their Longitudes and Latitudes; And here Note, That the more Latitudes and Longitudes of the Boundaries you take, the more exact and true will your Map be limited.

As for places that lie in great North Latitude, suppose betwixt 50 and 60 deg. there you must consider the Proportion, that is, betwixt one Degree in the Pa_rallel of 55 Degrees of Latitude, and a Degree of the Equator, and by so much as the later exceeds the former, by so much must a Degree of Latitude exceed that of Longitude.

The Proportion for finding the Quan_tity of a Degree, in any Parallel, is this; As the Diameter of the Equator, is to its Circumfe_rence, so is the Diameter of the Parallel of 55 Degrees, to its Circumference; divide the Circumfe_rence of the Equator by 360. as also the Circumference of the Parallel of 55 Degrees; the first Quote is, the length of a Degree of Longitude in the Equator; the second, the length of a Degree of Longitude in the Parallel of 55 Degrees of Latitude, and therefore by so much as the first of these Quotes exceeds the second, by so much must a Degree in Latitude, exceed that of Longitude, in the making of such a Map. This brief Account, will I hope, give some light into the Method of ma_king and projecting of Maps, in the pro_secution of which, I might have been more Copious, by adding of Cuts, and making a Table of the Longitudes and Latitudes of the Boundaries of some places, and so actually transfering them into the Plan or Scheme; but when I con_sidered my design was more to shew their use, than the method of making them, I purposely omitted it. If a Map was to be made of any small Coun_ty, Hundred, Lordship, &c. of about 20 or 30 Miles round, it is not so ex_actly Determined by Longitudes and La_titudes, but by an actual survey of the same with some Instrument, as Semicircle, Theodelite, &c.

General Notes for using of Maps.

IN most of the Circular Maps, observe, That having found the Name, you are not to take that part of the Map, pos_sest by such Name, for the true position of the place; but you are to seek either over, under, or on one side of such Name for this Mark (o) and where that stand there is the true point of that place.

In Right Lin'd Maps, Towns and Places are generally represented by the shape of a little House, Cities with the like Mark, but something bigger.

When any Map is placed right before you, then take Notice, That the bot_tom part, or part next to you, general_ly is the Southern part, the top, or part farthest from you, the North part; that next your left Hand, the West part, and the other opposite, or next the right Hand, the East; which Quarters or Parts, are commonly Denoted, either by the Words, North, South, West and East, writ at Top or Bottom, and on each side, or else by a Compass, which is round like a Wheel, having 32 points issuing from the Center, which represents the 32 points of the Compass; at the end of one of them is the Picture of a Flower-de-luce, which always points ex_actly to the North.

Hence 'tis Evident, That you must al_ways seek for the Latitude on the sides of the Map, and the Longitude at Top and Bottom, which sometimes is diffe_rently Numbred, by reason that at the top of the Map, the Longitude may be reckoned from one place, and at the bot_tom from another.

Observe also in Maps of Empires and Kingdoms, the Divisions of it; in Prin_cipalities, Provinces or Counties, is gene_rally performed by a small prickt irregu_lar line.

Rivers, is commonly Denoted by a full Black Line, and sometimes by a Dou_ble Line.

Roads, are variously Pictured, viz. in some Maps, by small Black Lines, in o_thers, by double Prickt Lines, and some_times by single Prickt Lines.

Mountains, are represented by a Black Clouded Figure, in shape like a Bell.

The Sea is frequently in all coloured Maps painted Green, if the Maps are not coloured, the space Denoting the Sea is left White.

The Land is bounded from the Sea by an Irregular Dark clouded Line, which if the Map be Painted, is generally Coloured.

But in Maps, there is generally an Explanation of the Marks and Characters there used, as how they Note Bounda_ries, Roads and Rivers; also which mark signifies Cities, which Market Towns, which Villages, &c.

Take Notice likewise, that to several Maps, there are three sorts of Scales, to which are prefixed the names Magna, Medieria and Parva, the meaning of which is this, that you should measure the great Miles upon the Magna scale, The Mean Miles upon the Mediocria Scale; And the Small Miles upon the Parva Scale; For not only other Countrey Miles differ from ours, but even we among our selves; the Miles in Yorkshire and several other pla_ces being much larger than those about London.

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How to find out places upon any sort of Maps.

THere is but two Methods of find_ing out places in any Map, the one is by Longitude and Latitude, and the other by Bearing and Distance, the former of which is most peculiar to cir_cular Maps, the later to right lin'd Maps; though either of the said methods may be used, for the finding of places in both kinds of Maps.

As to the first of these, there is one grand difficulty in it, which is upon ac_count of beginning the Longitude, be_cause as I have already observed, in one Map, the Longitude begins from Gratiosa, another from St. Michael, a third from Teneriff, and a fourth from some other place; so that unless you know, from what place they reckon the Longi_tude of any Map, you can never know, by this method, how to find out any place in such Map, though the Longitude and Latitude of the place be given, which indeed is a very great misfortune; For was all the Geographers but unanimously agreed from whence to begin it, that is, would they but all agree to fix it at any one particular place, it would make the Science of Geography very Easie and Pleasant.

But however, because it is otherwise at present, I shall incert a Table, shew_ing the difference of Longitude betwixt Pico Teneriff, and most of the principal places from whence they have begun to reckon, and then proceed to the method of doing it.

d. m. Toledo &horfill; 15. 53. Gratiosa &horfill; 10. 25.Betwixt Pico Teneriff, and Tercera &horfill; 9. 00. Palma or Ferro --- 2. 50. Corvo &horfill; 13. 25. St. Michaels &horfill; 8. 5.

Suppose in the Sheet-map of the World, that is, in the small Hemisphers, I would find out Jerusalem, which is in the Lon_gitude of 66.d. 00.m. counted from St. Michaels, and Latitude of 33.d. 10.m. North. Here I begin at the outer Cir_cle, which is the first Meridian, from whence the Lon_gitude is reckoned, and counted upon the Equator 66.d. its Longitude; then I reckon from the Equator, on the first Meridian upward toward the North-Pole 32.d. 10.m. the Latitude, and so tracing that Parallel till I come right against the Longitude I find this mark (o) and the word Jerusalem writ close by it, whence I Conclude, that is the true position of Jerusalem.

And here, Note, That if in your He_misphere, the Longitude is not reckoned from St. Michaels, but some other place, then you must consider whether such place lies East or West of St. Michaels, and how many Degrees; and according_ly substract, or add, such difference from or to the given Longitude of any place, to get the Longitude of such place in that Map.

As for Example; Suppose I look in a Map for London, whose Longitude from St. Michaels is about 27d. 30m. Now perhaps this Map begins the Longitude from the Westermost part of Spain, which is 16 Degrees East of St Michaels; here I must Substract 16 from 27.30. the Re_mainder 11.30. is the Longitude of Lon_don in such Map. If the Map had be_gun his Longitude from any place that lies West of St. Michaels, as from the Isle Corvo, which is near 5d. 20m. West of St. Michaels, then to 27.30. I must have added 5 Degree 20.m. and it will give 32d. 20m. the Longitude of London in that Map, which reckons his Longitude from Corvo.

The second way how places may be found, is thus: Suppose I would find Bourdeaux in France, whose bearing is very near full South from London, and distance therefrom about 200 Miles; here I trace the Meridian that passes through London, which may nearly be done by the Eye or a Rule (if none be actually drawn) 200 Miles and there about you shall find the said place.

There is another way for finding out places upon Maps, but it is peculiar, and serves only some sort or kind, the me_thod of it is thus: The Maps are (by lines drawn Parallel to the sides thereof) divided into certain long Slips, or Spaces, about an Inch broad; which spaces is a_gain sub-divided into small Squares, by other lines drawn Parallel to the top and bottom near the same distance of the former.

On both sides of the Map, against each Space, is set Letters, as a, b, c, d, &c. There is also both at top and bottom of the Map, other Letters set differing from the former; by help of these Letters a Table is constructed, ha_ving in it the Names of all the places, and against each Name two Letters, as (ah) or (bm) &c. by which Letters I can find out any place in the Map. Thus, Suppose I seek for Babylon, in such a sort of Map, against which I find (cs) then I seek on the side of the Map for c, and at the top for s, and at the Angle of meeting, that is in the little Square, right against both these Letters, is Babylon, the place sought.

But in most of these sort of Maps, there generally is Directions for the u_sing of them, Printed in some vacant place of it.

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Of measuring Distances on Circular Maps.

FIrst, If the two places, whose Di_stance you seek, lie on the Equator, then the Degree upon the Equator, con_tain'd betwixt them, multiplied by 70, gives the Miles they are distant from one another.

Secondly, If the two places have the same Longitude, and both North or South Latitude, then the difference of their Latitudes multiplied by 70, gives their distance in Miles.

Thirdly, If the two places have the same Longitude, but different Latitudes, i.e. one North, and the other South, then the sum of their Latitudes multipli_ed by 70, will give their distance in Miles.

Fourthly, If the two places have both North or South Latitude, but 180 Degrees difference of Longitude, then the sum of the complements of their Latitudes multiplied by 70, gives their distance in English Miles.

Fifthly, If the two places have different Latitudes, i.e. one North, and the other South, and 180 De_grees difference of Longitude, then the difference of their Lati_tudes taken from 180 Degrees, and the remainder multiplied by 70, gives their di_stance in Miles.

If the places be not in any of the Po_sitions aforesaid, but differ both in Lon_gitude and Latitude, then having their Latitude and difference of Longitude with a Scale of versed Lines, to find their di_stance, proceed thus:

Suppose the distance was required be_twixt London, whose Lati_tude is 51d. 30m. N. and Babylon in Caldea, whose Latitude is 35.00 N. their difference of Lon_gitude being 47d. 30m.

First, draw a line at pleasure, and with the versed Sine of 90 Degrees, de_scribe the Semicircle afh; this done, find the sum and difference of both Lati_tudes, take the sum 86.30. from 180 Degrees, the remainder 93d. 30m. take from the Scale of versed Sines, and set from a to b on the Diameter ah; take also 16d. 30m. the difference of Latitudes from the said Scale of versed Sines, and lay from a to c. In like manner, set upon the said Diameter the difference of Longitude 47.30 taken as before from a to d; Then take the distance bc, and set from h to f upon the Arch, and draw the line af, which done, with your Compasses take the nearest distance be_twixt d, and the line af, and lay from c to g; the distance ag taken off and applied to the Scale of versed Sines, will give near 37d. 30m. which multiplied by 70 giveth 2625, their nearest distance in English Miles.

one page diagram referred to in the preceding paragraph

There is another way which is sometimes used for measuring Distances upon these general Projections. But it is not so exact the former, and therefore not to be used where nicety is required. The method of performance is thus.

Take the Distances of the places (as they lie in the Map) betwixt your Compasses; this Extent apply either to the East or West side, as right against the two places as you can, and it will give you the Degrees they are distant, which if multiplied by 70, gives their Distance in English Miles.

And here Note, That the farther di_stant places are, the greater is the Error, and contrary, &c.

This method is to be used only upon Maps of the Quarters, and great Em_pires or Kingdoms; such as, Tartary, Ger_many, �gypt, and the like, and not up_on the Hemispheres.

Other ways there are for finding the distance of places, both as they lie in the Hemispheres, or by having their La_titudes and differences of Longitudes, but they being something foreign to the pre_sent Design, because not practicable with_out the knowledge of the nature of Pro_jection and Calculation, I purposely neglect them.

&horbar How to measure Distances on right lin'd Maps.

DIstances are easily Measured on these sort of Maps; for having found the two places on the Map, whose Distance you require, set one foot of the Compasses in one place, and extend the other foot to the other; this Extent ap_plied, either to Bottom, Top, or sides of the Map, shews you how many De_grees they are distant, which multiplied by 70, gives their distance in English Miles, if there be any odd Minuits above the degrees for every 6 of them, allow 7 Miles.

But generally to these kind of Maps, there is annexed a Scale of Miles, so that having the distance betwixt any two places, 'tis but applying it to this Scale, and you have the Miles they are distant by inspection.

&horbar

Of the Zones.

A Zone signifies a Belt or Girdle, but here is to be understood a certain quantity of Land, included by (one or) two Parallels. Now the Number of Zones, Geographers have divided the Globe into, are Five: Of which there are two Temperate, two Frigid or Frozen, and one Torrid.

The Torrid Zone is that space of Earth, contained betwixt the two Tropicks, viz. Cancer and Capricorn being in Breadth to 47 Degrees, which is 3290 English Miles; upon this Zone or Tract of Earth, lies most part of Africa, a great part of South America, also several Islands, as Java, Sumatra, St. Thomas, &c. The An_tients, both Philosophers, Divines and Poets, counted this Zone altogether in_habitable, by reason of the extream Heat, and therefore termed it intempe_rate, but later Discoveries have prov'd to the contrary. The Inhabitants of this Zone are called Amphiscians, because they have their shadows both ways at Noon, that is, one part of the Year it is toward the North, the other part to_ward the South.

The Temperate Zones are those spaces of Earth, included betwixt the Tropicks and Polar Circles, the North temperate Zone being that portion of Earth con_tained betwixt the Tropick of Cancer and Artick Circle; the South Temperate Zone, is that part or portion of Earth, bounded by the Tropick of Capricorn and Antar_ctick Circle; each of these Zones are in breadth 43 Degrees, that is, 3010 Miles; in the Northern Temperate Zone, lies al_most all Europe and the North part of Africa, as also a considerable part of A_sia and America; the Southern Temperate Zone is not so well known to us, it be_ing far distant from our Habitation. These Zones are termed Temperate, be_cause the Sun-beams being cast Obli_quely, cannot create that excessive heat, as they do where they fall Perpendicular. They in some measure pertake of the Extremities of Heat and Cold, proceeding from the Torrid and Frigid Zones; those that inhabit in these Zones are called Heteroscians, because their sha_dows is but one way.

The Frigid, or Frozen Zones, are those two tracts of Earth environ'd by the two Polar Circles; that Enclosed by the Ar_tick Circle, is called the Northern Frigid Zone; the other Encompassed, is the Southern Frigid Zone, their Diameter is 47 Degrees, which is 3290 English Miles. Under the Northern Frigid Zone lies Green_land, Lapland, Nova Zembla, and part of the Tartarian Ocean, whether there is any Land in the Southern Frigid Zone, is not known to us that inhabit this part of the Earth. The Coldness of these Zones, is caused from the very Oblique, falling of the Sun's Rays upon the Earth's Surface, from which his Action is so small, that the heat proceeding from him in the warmest day they there have, is scarce sufficient to melt the Congealed Rocks of Ice and Snow. Those that inhabit these parts of the Earth, are called Pe_riscians, because their shadows are thrown quite round them, they are under great inconveniencies; First, by reason of the extream Cold they suffer, and secondly, because their whole year is but one Day and Night; for when the Sun is once risen, he sets not again for half a Year together, and when he sets, rises not again for as long a time.

&horbar

Of the Climates.

THe Climates are certain spaces of Earth, limited by two Parallels, distant from the Equinoctial toward each Pole; the difference betwixt the Zones and Climates, is this: The principal Office of the Zones is to distinguish the quality of the Air, in respect of Heat and Cold, and the alteration of Shadows: But the office of the Climates is to shew the greatest difference in the length of the Days and Nights, as also the Variation in the rising and seting of the Stars.

Those that live under the Equator, have their Day and Night equal, but those places that recede so far from the Equator, as to make the difference of the longest artificial Day, half an hour longer than it is, where the longest day is 12 hours and a half, there ends the first Climate, and there the second begins; if therefore according to the increase of days the Climates be reckoned, there will be 24 in each Hemisphere, that is in all 48, counting no farther than the Polar Circles; for the places in that parallel of Latitude, coinciding with either Polar Circle, have their longest day above 24 hours long. Now Geographers have gi_ven Names only to 9 of those in the Northern Hemisphere, and these Names are taken from the most famous places, through which the Parallel Circles pass that bound them. As,

Dia-Meroes. Dia-Syenes. Dia-Alexandrias. Dia-Rhodu. Dia-Rhomes. Dia-Pontu. Dia-Boristhenes. Dia-Britanias. Dia-Tanaidos.

The Southern Climates are distinguish_ed by the word Ante, as Ante Dia Me_roes, Ante Dia Synenes, &c.

&horbar

Of the properties of the several Inha_bitants of the Earth.

THose People living put under the Equator, have great Heat, having two Summers, one when he passes the first of Aries, the other when he passeth the first point of Libra, and has also two Winters, which are when he passes the first points of Cancer and Capricorne, for then the Sun is farthest remote from those People, (though not so remote, but that their Winters are much hotter than our Summers;) whence 'tis evident, their two Summers are our Spring and Autumn, and our Winter and Summer their two Winters; their Noon-Shades are thrown both to the North and South, and some_times directly under them, that is, they have none at all. Their Artificial Day is always just 12 Hours long, they see the whole Ph�nomen� of the Heavens, for all the Planets and Stars to those In_habitants, do Arise, Culminate, and Set once in 24 Hours.

Secondly, For those who inhabit be_twixt the Equinoctical and Tropick of Can_cer, they have some Seasons as the for_mer, viz. two Summers and two Win_ters; for the Sun twice a Year passeth there Zenith, their Noon-shadows are likewise thrown both to the North and South part of Heaven, and sometimes directly under them, their longest day is something longer then 12 Hours.

Thirdly, The Inhabitants under the Tropick of Cancer, that is, such People that have their Zenith in the said Tro_pick, have the Sun but once a year in their Zenith, and that is when he is in the first point of Cancer, they have but one Summer and one Winter; their Noon_shadow is always toward the North, ex_cept when he is just in the Tropick, and then there is none at all, their longest day is 13h. 36m. long.

Fourthly, The People that Inhabit be_twixt the Tropick of Cancer, and the Circle Artick, have the Sun never Verti_cal; their shadows are always thrown to_ward the North, and their Artificial Days is of all lengths, viz. from 13h. 36m. to 24 Hours.

Fifthly, Those that have their Zenith in the Artick Circle, that is, such who live just upon that Circle, have the Pole of the Ecliptick just in their Zenith, and consequently the Ecliptick coinciding with their Horizon, and therefore the Tropick of Cancer must be all above the Horison, and the Tropick of Capricorn quite under the Horizon, so that the Sun being in the first point of Cancer, their artificial Day is just 24 hours long, and their Night but a Moment, their sha_dow is cast quite round them.

Sixthly, The People inhabiting be_twixt the North-pole, and Artick Circle, have their Horizon cutting the Ecliptick in two points, and a certain portion of it equally distant from the first point of Cancer that never sets, but remains al_ways above the Horizon; whence it cometh to pass, that all the time the Sun is passing this portion of the Eclip_tick, they have continual Day and no Night, the length of which is more or less, according to the pportion of the Ecliptick that never sets, being about one Month long when the said portion is 30 Degrees, two Months when the said portion is 60 Degrees, or two Signs, and so on: That is, the farther North, the longer day, till at last you come just under the Pole it self, where the whole Year is but one Day and Night, each being half a Year: In this Position also, there is a certain portion of the Ecliptick, equidistant from the first point of Capri_corn, that never Rises or comes above the Horizon, so that during the time the Sun is passing the said Portion, there is perpetual Night to these Inhabitants, their shadows are also projected quite round them.

Seventhly, As for those people (if a_ny be) inhabiting just under the Pole, they have the Equinoctial coinciding with their Horizon, and have always but the Northern half of the Ecliptick a_bove the Horizon, so that their Year is but one natural Day as before was hin_ted; for when the Sun passeth the first point of Aries, then to those People he arises, and sets not again till he passes the first point of Libra, which is half a Year after, they never see no more then half the Heavens at once, all the Southern Hemisphere being totally obscured from their sight; their shadow is likewise cast clear round them, the end of it projecting a Concentrick Circle.

&horbar

Of the Perieci, Antieci and An_tipodes.

THE Inhabitants of the Earth com_pared with one another in respect of their Scituation, are Perieci and Anti_eci, Antipodes.

The Perieci, are those People that dwell in opposite points of the same Pa_rallel, that is, they have the same La_titude with us, but 180 Degrees diffe_rence of Longitude, and therefore their Days and Nights are equal to ours, only they are contrary; that is, our Noon is their Mid-night, and our Evening their Morning, &c. their Seasons are at the same time with ours.

Anticeci, are those People that dwell over against each other, they have the same Meridian, and are equally distant from the Equator, one having as much South Latitude, as the other has North Latitude; they have the same Hours with us, that is, our Noon and their Noon, is at the same instant of time: But the Seasons are different, for when 'tis Sum_mer with us, 'tis Winter with them, and contrary.

The Antipodes (as the word imports) are such as dwell feet to feet, that is, they are such People that inhabit just under us, having as much South Latitude as we have North, and 180 Degrees difference of Longitude; their nearest distance is 180 Degrees, or 12600 Miles, which is half the circumference of the Earth; their Hour-Seasons and all other Acci_dents are quite contrary, for our Noon is their Mid-night, our Summer their Winter, and our Autumn their Spring, we can see no more of their Stars, than they do of ours, and the Stars that never rise to them, never set to us, and contrary.

&horbar &horbar

A Catalogue of some of the chiefest Places in the World, with their Latitudes and Longitudes from London; Extracted from the best Tables now Extant.

Place Names Lat. Long.ABerdeen in Scotland. 58 04 358 15Alexandria. 30 58 35 00Amsterdam. 52 25 5 00Antwerp. 51 12 4 15Aracta in Syria. 36 00 50 00Athens in Greece. 37 42 28 30Babylon in Caldea. 35 00 47 30Berwick in England. 55 50 358 30Bethlehem in Judea. 31 50 42 00Bononia in Italy. 43 49 11 15Bristol in Italy 51 28 257 00Breme in Saxony. 53 10 9 30Calicut in East-India. 11 30 88 00Canterbury in England. 51 25 01 00Comportella in Spain. 43 00 351 00Conimbria in Lusitania. 40 15 351 45Place Names. Lat. Long. Cambridge. 52 17 0 30 Constantinople in Thrace. 43 00 34 30 Damascus in Syria. 34 0 45 30 Darby in England. 53 3 358 30 Dantzick in Prussia. 54 23 18 30 Dublin in Ireland. 52 11 353 15 Durham in England. 54 17 358 30 Edinburgh in Scotland. 57 06 357 30 Exter in England. 50 53 356 30 Frankford Odar. 52 20 15 00 Glocester in England. 51 58 357 45 Ter Goose in Zeland. 51 30 4 15 Gaunt in Flanders. 51 04 4 30 Goa in Judia. 16 00 87 30 Grats in Styria. 47 02 14 00 Haffina in Denmark. 55 43 13 00 Hartford in England. 51 55 359 45 Huntington in England. 52 24 359 45 Jerusalem. 32 10 45 30 Leyden in Holland. 52 07 5 15 Lisbon in Portugal. 38 45 351 30 Leverpool in England. 53 22 357 30 London. 51 30 00 00 Lyons. 45 16 5 00 Madrid. 40 45 257 45 Mount in Cornwall. 50 39 354 45 Mentz in Germany. 51 31 11 15 Place Names. Lat. Long. Munster in Westphalia. 51 54 7 00 Naples. 40 42 15 00 Norimberg. 52 40 12 00 Norwich. 52 44 1 00 Niniveh. 35 50 54 30 Orleans in France. 48 08 00 00 Oxford. 51 40 358 45 Prague. 56 00 14 30 Paris. 48 5 2 30 Quinzay in China. 40 0 12 00 Rome. 42 2 12 45 Roterdam. 51 55 3 45 Roan in Normandy. 49 30 1 30 Rochel. 45 49 359 00 Smyrna. 38 50 33 30 Stockholm. 48 50 15 45 Syracuse. 36 50 16 15 Thessalonica. 41 32 26 45 Toledo. 40 10. 354 00 Valence in Spain. 39 45 358 15 Venice. 45 15 12 30 Vienna. 48 22 17 00 Uraniberg. 55 55 13 00 Warwick. 52 25 358 30 Wittenberg. 51 52 13 30 Winchester. 51 13 358 00 Worms Germany. 50 25 7 45 Yarmouth. 52 45 1 30 York. 54 00 359 00

&horbar &horbar

An Account of the Factories and Places now in Possession of the English, French, Dutch, Spanish, Portuguese and Danes, both in the East and West-Indies.

To the English belong in Asia. Fort S. George [aliter Madrassipatan] on Coast Cormandel. Bombay Castle and Island in the West Coast of Decan. In the East of Bisnagar. Pettipole Massulipatan Madapollam Viceagaparam In Bengal. Hughly Ballesore Cassum bezar Maulda Daca Tutta Nutta Pattana In the Moguls Empire. Agra Cambaya Surrat Amadarad Baroch Dabul in Decan. On the Coast of Malabar. Callicut Carnar In Persia. Ispahan Gombroone Bussora In Arabia. Mascat Mocha Smirna in Natolia. In the Island Sumatra. Achem Indrapora Bengalis Jambee Bantam in Java, till expelled by the Dutch, 1682. Macassar in the Isle Celebes, but now expell'd. Camboida in the K. of Siam. In China. Tonquen Canton

In Africa. Tangier, in the Coast of Barbary, near the Straights, but now demolished. On the Coast of the Jalofes. Fort S. Andrew FortS. Philip The mouth of the River Sierra Leona, in the West of Guinea. The Island of S. Helens West of Ethiopia, S. Lat. 16. deg.. Benin in the East part of Guinea. On the South Coast of Guinea. Calabar Tagrin Madrebomba Taxorari Cape Corso Emacham

In America. New England New York Pensilvania New Jersey East West Maryland Virginia Carolina As also they possess Port Nelson in Hudson Bay. Newfoundland in part. Jamaica on of the greater Antilles. Bermudus lying E. of Florida. New Providence on of the Lucajos. Long Island lying S. of New York. 6 of the Caribee Islands. Anguilla Berbuda St. Christopher Nevis Antego Montserrat Dominica St. Vincent Barbados

To the Spaniards belong in Asia. 6 of the Philippin, and most of the rest. Luconia Tandaya Mindano S. Juan Mindore Panay

In Africa. The Trade on the West Coast of Africa. The Canary Islands.

In America. New Spain, whose Parliaments are Mexico. Guadalajara. Guatimala. A considerable part of New Mexico. in Florida. S. Augustins S. Matthews Terra Firma, whose Parliaments are Panama. Granada. Peru, whose Parliaments are Quito. Lima. De la Plata. Chili. A great part of Paraguay. Several Islands, particularly those of Cuba. Hispaniola. Port-Rico.

To the Portuguese belong in Asia. Several Factories in Persia. upon the Ganes. Asterim Ougelli in Decan. Chaul a conside_rable Town. Massagan a lit_tle Village Morro Caranga Goa with her Fortresses and adjacent Islands Coran. Divar. Macao upon the Coast of China. The Fort Larentoque In the Island Solor E. of Flores. in Peninsula Indi� extra Gangem. Aracan Pegu Tanacerin Ligor Cambodia Already mentioned. Golcond Agra Amadabat Cambaia Surat Baroch Bengala

In Africa. Mazagan in the Kingdom of Morocco. Some Forts on the River S. Domingo in the County of the Jalofes. Some Forts on the Coast of Guinea. Congo. Angola. A great part of The Coasts of Cafres, and Zanguebar. The Trade of the E. Coast from the Cape Good Hope, to the R. Sea. Several Islands, especially those of the Azores. Isles of Cape Verde. Madera.

In America. All the Coast of Brasil divided into many Captainships. Towards the mouth of the River Amazon. Estero Conduba Cogemine

To the French belong in Asia. in the Moguls Empire. Bereaux New Surrat The Island S. Maria lying South West of Goa. Some Forts in The Kingdom of Siam. The Island of Java.

In Africa. Fort Dauphin in Madagascar. A Fort on the River Senega. The Trade of Africa upon the River Senega. Gambia. Rufisque near Cape Verde. in Guinea. Great Sestre And Ardra

In America in Canada. Montreal The three Rivers Quebeck Tadonsack, and some other places on the River St. Lau_rence. A great part of Nova Scotia. in New-found-land. Bay Plasensa Bay Blacco Fort S. Louis in the Island Cayene lying E. of Guyana. Some of the Antilles S. Bartholomew. Sancta Cruz. S. Martins. Guadaloupe. La Desire�. Maria Galants. Les Saintes. Martinico. S. Aloisia. Granada. Domingo in part. Grenadins. La Tortue

To the Dutch belong in Asia. on the Coast Cormandel. Tuticoriu Negapatam Karkall Fort Gelders Pallecate Malacca. Ceylon. Java, And most of the Moluccoes, tho' of right they belong to the English. Are several Factories. Persia. The Moguls Empire. Cormandel. Malabar. Siam. Sumatra. China. Java. Celebes. Borneo. Arabia.

In Africa, near Cape Verde. Arguin Gora Many Forts in Congo. Some near the Cape of Good Hope. S. Maurice in Madagascar. in Guinea. Factories Forts

In America. The City Coro in the North of Terra Firma. The Island Curacco, one of the Sotovanto. Some Forts on the Coast of Guyana.

To the Danes belong in Asia. on the Coast of Cormandel. Frankebar Dansburge

In Africa. in Guinea. Fort Fredericksburgh nigh Cape Corso The Castle of Christiansburg In America is New Denmark in the North part thereof.

These are the Principal European Plantations, both in the East and West-Indies.

FINIS.

&horbar

ALL sorts of Spheres, Globes, Maps, Chards, Mathematical Books, and other Instruments, are Sold by Philip Lea, at the Atlas and Hercules in Cheapside

ALL sorts of Mathematical Instruments both for Sea and Land, are most Correctly Made, and Sold, by John Worgan, under St. Dunstan's Church in Fleet-street

|CSC |Y1709 Geography and Navigation Compleated; BEING A New Theory and Method WHEREBY THE True LONGITUDE Of any Place in the WORLD May be Found: Whether Differing in Longitude only, or both in Longitude and Latitude, from any Other Place in the Habitable World. &horbar By GEORGE KEITH, M.A. Rector of Edburton in Sussex. &horbar Most Humbly Proposed to the Consideration of the First Present Parliament of GREAT BRITAIN after the Happy UNION. &horbar LONDON: Printed for B. Aylmer, at the Three Pigeons in Cornhill. MDCCIX.

The PREFACE TO THE Impartial Readers.

THere are no Judicious and Skilful Persons in Geography and Navigation, who will find fault with the Title of this Small Treatise, if once they be satisfied, that the Discovery I here present to their View, is true. For that a True Discovery of the Longitude, would compleat both Geography and Navigation, is so far from being any Hyperbole in Speech, that it is confessed by all Learned Men in those Sciences, that a True Discovery of the Longi_tude would compleat them.

If any skilful in Mathematical learning have any thing to offer against this New Theory and Method I have set forth to Publick View, how to find the Longitude, I shall take it kindly, if they please to write to me their Objections, they paying the Postage of the Letters they send to me, directing them to Mr. Brab. Aylmer at the Three Pigeons in Cornhill. But I pray them not to trouble them_selves nor me with unlearned Objections, that have no seeming Weight of Reason in them; that any ordinary Schoolboy or Novice, who has but begun in the Study of those Sciences, would not be at the Pains nor spend Time to reply unto. But I withal desire them to put their Names to what they write to me, (otherwise I am not like to take any notice of them;) that I may not be troubled with Heaps of Letters that signify nothing to the Purpose. The only thing that they should object, is, what they think is not Mathematical, or what is not built on Fundamental Principles of Geometry and Astronomy: And let them not bring such Objections against this Discovery, that is of E_qual Argument against the finding the Latitude, as the Longitude. Also I desire them to take notice, that tho' these Twelve Principles set down by me in the first Four or Five Pages of my Book, are suf_ficiently clear unto me; and I doubt not but they will be to many, as well as unto me; yet I have not built my Theory upon them all, but only some of them; divers of them being only for Illustration, and not for Argumentation; so as that if any of them might seem doubt_ful to some Readers, that will be no sufficient Reason to overthrow my Theory. And let them not say the Thing is not demonstrated, or they are not satisfied with my Proofs, and yet give no Reason for their so saying; but they ought to shew wherein the Defect lies, and by Mathematical Evidence to convince me that any of my Grounds and Fundamental Reasons are false. Neither let them take occasion against me for some Circumstantial Matters, if possibly there may be any that hurt not the Foundation: Nor for Faults of the Press; one of which I find in the beginning of Page 3. which correct thus: The Declination of the Fixed Stars (as about some Seconds per Ann.) is no more an Argument against finding the Longitude, than finding the Latitude.

And if any that shall happen to read this little Treatise, who are both Learned and Impartial; as I doubt not but it will find many such both at Home and Abroad; when they have duly examin'd it, and that in due Time all the Learned World will be satisfied with it, and the Demonstration that I bring for it, is approved by them; if they please to signify so much to me, they will not only do an Act of Justice towards me, but to Mankind in general.

George Keith.

&horbar &horbar Geography and Navigation Compleated. BEING A New Theory and Method WHEREBY THE True LONGITUDE Of any Place in the World, may be Found.

SOME Indubitable Principles in Geo_metry and Astronomy presupposed, for the better Understanding the De_monstration of this New Method of Finding the Longitude of Places, from any First Meridian, and the Diffe_rence of Longitude between any Two Places.

I. Any Two Triangles having Two Sides cor_responding and equal to each other, and the An_gle either Equal or Common; where these Two Sides meet, the other Two Angles respectively are Equal, and the Basis is Equal to the Basis. elem. Euclid, Lib. I. Prop. 4. II. All the Fixed Stars keep the same Distance one from another, whereever they are, and whatsoever Azimuth they appear on; the Distance of any Two Fixed Stars is always the same, on all Azimuths and Meridians. III. The Case is the same with respect to the Lon_gitude, whether we follow the Hypothesis of Ptolo_my or Copernicus: But if the Starry Firmament be supposed to move, the Earth must be supposed to rest; or if the Earth be supposed to move, the Starry Fir_mament must be supposed to rest. IV. The Arch AB of the Greater Circle repre_senting a Circle in the Heavens, is equal to the Arch AB in the Lesser Circle, in any Azimuth and in any Meridian Circle; whether there be Two Stars, the One at A and the other at B, or One Star only, and the other a Fixed Invisible Point. (Vide Scheme.) V. The Points A and B in the Lesser Circle of the Earth being supposed to be Immoveable, have Im_moveable Zeniths. VI. The Declination of the Fixed Stars (as about some Seconds per Ann.) is no more an Argument against finding the Longitude, than finding the Latitude. VII. Seeing in this New Method of Finding the Longitude, the Operation is only by the Fixed Stars, and neither by the Sun nor by any other of the Pla_nets, no regard is to be had precisely to the Diversity of Time, when a Star comes to your Meridian; as if the Knowledge of the precise Time of the Night were necessary: For all such Diversity of Time, why a Star comes not every Night to your Meridian at the same Time, proceeds from the Sun's continual Declination, and his going from the Stars, and not the going of the Stars from him. VIII. The Longitude of Places, and Diversity of Time, are different Things, and not the same: For the Longitude of Places are Real Things that actually exist together, and are Permanent Things; whereas Time is not such, but is in a Continual Flux. Yet the Longitude first being found, gives the Difference of Time. IX. All Arches of Circles, Great or Small, drawn from one Center, so that they are Concentrick and Intercepted by the same Radii, are equal in Degrees and Minutes; as in the Scheme. Where the Arch AB in the Celestial Orb is equal to the like Arch in the Lesser, that represents the Terrestrial Orb. The which Principle is the Foundation of the Quadrant, Cross-Staff, and Astrolabe, and other Mathematical Instruments for measuring Arches and Angles. X. And seeing this Manner of Operation has no regard to any precise Time of Day or Night, it is preposterous to presuppose the Knowledge of the Exact Time when any Star is either in the Zenith or on the Meridian of your Place: And any such Ob_jection that argueth for the Knowledge of the precise and exact Time when you are to Observe your Star, is to overthrow all finding the Latitude by common Practice of Seamen, who are never curious to know the precise and exact Time when they should Observe the Sun or a Star's coming to the Meridian, but they begin their Observation of the Sun's still Rising high_er and higher, until he Rise to the Highest for that Time; and generally they begin early to make their Observations, as commonly about Eleven or a little after; and they wait to see how the Star ariseth by their Instrument, until he come to his Greatest Height; and thence they conclude he is come to his Meridian for that Day. XI. An Error of a few Minutes, in find_ing the Longitude, is no other or greater Er_ror, than what is frequently and unavoida_bly committed by all Seamen, in finding their Latitude: And Seamen would think themselves well helped at Sea, if any should Teach them to find their Longitude within Nine or Ten Minutes, or more. XII. The Praxis or Operation I undertake to Perform at present, is, To Find the True Longitude of any Place in the World, whether at Sea or Land, where you are, or whither you happen to come; and not where you are not, and whither you are never to come; even as you can only find the Latitude of the Place where you are, and not where you are not, and whither you are never to come. But by Seamens observing the like Method as I shall use in this, who may happen to be in those Remote Places, I will show them by their keeping a Correspondence by Letters betwixt themselves and others in Remote Pla_ces, who may be taught to find their Longitude in those Remote Places where they are; and consequent_ly, by the Rules here given, the True Longitude of all Places in the World where Navigation is used, may be found by Astronomical Observations, and Tri_gonometrical Calculations. And thus Tables of Lon_gitude may be composed for the General Benefit of Seamen to all Navigable Places, and of all Places passable by Land, where they have never been, and whither they are never to come.

The Explication of the SCHEME.

THE greatest Circle, ABCGHD, represents sometimes the Equator, and other times some other great Circle in the Starry Firmament, accord_ing to the several Cases to be resolved, about the Lon_gitude and Latitude of Places.

The Lesser Circle represents the Concentrick Cir_cle on the Globe of the Earth.

P represents the North Pole.

AG represents the Equinoctial Colure, where I chuse to begin the First Meridian; it being allowed by all skill'd in Astronomy, that it is left to Mens Choice where to begin it; seeing it is easy by Addi_tion or Substraction, as the Case requires, to reduce the vulgar first Meridian, which is Ten Degrees East from the Equinoctial Colure; and e contra, the first Meridian at the Equinoctial Colure to the vulgar Me_ridian; differing only Ten Degrees the one from the other: Withal minding, that what is call'd in the Starry Firmament the Right Ascension of the Stars from Aries, the Point of Intersection of the Equator and Ecliptick, on the Equinoctial Colure upon the Earth, may be called Longitude of Places; begin_ning at Aries upon Earth, on the Parallel Equinoctial Colure, at the like Intersection of the Equator and Ecliptick upon Earth. For that there are such Parallel Circles and Lines on Earth, artificially descri_bed by Artists in Astronomy and Geography, as the Equator, the Ecliptick, the Equinoctial and Solsti_tial Colures, and Ecliptick, and Points of Intersecti_on of Aries and Libra, is evident from those Circles and Lines usually described in Globes and Maps visi_ble to our sight, corresponding to these in Heaven, Parallel and Concentrick unto them.

CD represents the Solstitial Colure.

The Arch AB, marked with Two Stars, under the Two Letters A and B, represents the Distance on the Arch of a Great Circle in the Starry Firmament, betwixt the Star A and the Star B; and if there be no visible Star at B, but only at A, as oft happens, there is a Point at B in the Starry Firmament, that keeps the same Distance always from A, as if there were a visible Star at B.

A in the Greater Circle, and B in the same Greater Circle, represent Two Zenith Points of Stars, to A and B on the lesser Circle of the Globe of the Earth: And though they be but once, in the Revolution of 360 Degrees in the Zeniths of A and B in the lesser Circle, yet they are still at the same Distance, and may well be called Zenith-Points or Stars over A and B in the lesser Circle. But to take an Observation with your Astrolabe at Sea, and with your Quadrant at Land, you must have always one Star (as at A) to look unto, and make your Observation by the same.

The Arch EF represents the Distance in the Arch of a great Circle on the Globe of the Earth, of Two Places differing more or less in Latitude, but having the same Longitude; to which is to be conceived (though not described in the Scheme) a Parallel Arch in the Starry Firmament, having two Stars, or one Star and a Point; but such a Parallel is not BA in the greater Circle; and though not visibly descri_bed to the Eye, yet is easily conceived by the Mind.

As the Declination of any Star is equal to the La_titude of the Place over which it is Vertical, once in the Revolution of 360 Degrees, which I call a Com_mon Zenith Star or Point, which all Stars of the same Declination have in common together: So where a Star is to be found, or a Point, in the Firma_ment, that has both the same Declination and Right Ascension from the Equinoctial Colure that the Place over which it is at some time Vertical, hath the same Latitude and Longi_tude; that Star or Point I call a Proper Zenith; for such a Property belongs to no other Star in the whole Firmament. For as no one Place in Earth has the same Latitude and Longi_tude with any other Place on Earth; so no Star or Point in Heaven has the same Declination and Right Ascension. And one only Star there is, or Point in Heaven, that has its Declination equal to the Latitude of the Place over which it is a Proper Zenith; and also its Right Ascension equal to the Longitude of that particular Place, reckoning its Longitude from the Equinoctial Colure: The which is easy to be found, both on Globes and Planispheres, if they were made in a true Conformity, the Heavenly Globes and Maps to the Heavens and Starry Firmament, and to a true Conformity to the Places on Earth, so as to be set down in their true and proper Situation: But no such Terrestrial Globes or Maps have yet ever been extant, but abound with great and foul Errors, especially with respect to their Longitudes. But by this New Theory and Method, New Terrestrial Globes in process of Time may be made, to answer so exactly to the Heavenly, as the Impression of the Seal or Stamp answers to the Seal it self, on Paper or Wax: And if there were such Globes so justly made, the Declinations and Right Ascension of every Star in Heaven would exactly correspond in equality to the Latitude and Longitude of the Place over which that Star or Point is a Proper Zenith or Point: And two Planispheres, the one Celestial, and the other Terrestrial, so rectified by this New Theory and Me_thod of finding True Longitudes to all Places on Earth, being so adjusted, that the Equinoctial Colure in the Heavenly Planisphere be set upon the Equi_noctial Colure in the Terrestrial Planisphere; and the Solstitial Colure in the Heavenly Planisphere to the Solstitial Colure in the Terrestrial, and both set upon one Center; the finding only the Latitude of your Place at Sea, by Observation of your proper Zenith Star in Heaven, and setting it under the proper Zenith Star or Point in Heaven, would so exactly answer the one to the other, that your Latitude would still give your Longitude in all Places, where you are, at Sea or Land: And a small Prick with the Point of a small Needle, through your proper Zenith Star of Point in the Celestial Planisphere, would make a particular Impression or Mark upon the Place or City in the Terrestrial Planisphere, as Ocular In_spection would demonstrate: But as yet no such Pla_nispheres have been extant: However, such as they are, with all their Errors, may be of some Service, by the juxta Position of the one upon the other, so far as to detect the Error, and find out the Truth, by making New Observations.

But it is a great Mistake, if any think that this would be a Petitio Principii, or running round in a Circle: For to run round in that called a vicious Cir_cle, nothing is really and truly effected; but here there is: For you would have this as a necessary Quesitum to be found, viz. every Day that the Sky is clear, to find your true Latitude; and then you would have Three Sides of a Spherical Triangle; viz. the Complement of the Latitude of the Place whence you came, for one Side, and the Complement of the Latitude of the Place where you now are, for the other Side, and the Distance sailed, on the Arch of a great Circle for the Third Side; and by a Canon in the Spherical Oblique Triangles, the Three Angles can be found; and the Angle at the Pole is the Longitude between the Two Places; which if there were True and Just Terrestrial Planispheres, only by means of finding your Latitude, without any Trigonometrical Calculation, by Ocular Inspection, you might find your Longitude, or Difference of Longitude. But because no such Planispheres are yet made, the Ship-Master who would learn this New Method must be well taught both to project the Triangle, and also to find the Angle at the Pole, which is the Longitude of the Place, betwixt where you now are, and the Place from whence you came, both at your first setting out, and of your Advance and Progress every Day by the differing Latitude that you come into from Day to Day, until you are come to run out the whole Difference of your Latitude from the beginning of your Voyage; and then your are at the Place whither you were bound: For by running out your Latitude upon the Arch of a great Circle, where you began, you do likewise run out your Lon_gitude, and are at your Port you designed for. And if you be driven out of the Arch of your Circle by Currents or Storms, it is but to begin a New Arch, which is as good as the former which your were driven from.

Some Postulata, in Order to Landmens Finding the Longitude of the Place on the Earth, where they are; and Seamens Finding the Longitude of the Place where they are at Sea; taking their Ob_servation of some known Star, East or West from the Equinoctial Colure; if there be none upon it, answer_ing to the Latitude of the Place where they are. I. Postulatum. TO be furnished with a good Qua_drant of Two or Three Foot Ra_dius or more, if it can be conveniently had, for Land_men to find their Longitude at Land; and large and good Astrolabes and Cross-Staffs for Seamen to find their Longitude at Sea, whereever they are. II. That the Persons who would learn this Practice be so far skilled in the common Principles of Astro_nomy and Navigation, as many Ship-Masters are; and also to have some Knowledge in Arithmetick and Geometry. III. That they be taught by some Mathematick_Masters also the Names and Situations of some few Stars, with their Declinations and Right Ascensions, as correctly given by Learned Authors. And such as are more learned, ought not to rely altogether upon any Tables of Declination and Right Ascension, but rather find them out by Art; of which, for so few as are necessary for the finding the Longitude, there is no Difficulty, nor great Labour to be used by them who are well learned. But for vulgar Use to Seamen, the ordinary Tables of Declinations and Right Ascen_sions of Stars, as correctly given by late Authors, may suffice; for even Learned Men differ in their Practice of finding them, in some few Minutes, which Seamen regard not. IV. But lest Seamen think it too much to learn the knowledge of Five or Six Stars, so as by Sight to distinguish them from all others; to ease them of that Trouble, and to encourage them in so good a Work, I shall name at present but one only Star, which they must learn to know by Sight, and note down in Wri_ting, viz. the Star call'd Scheder, in the Breast of Cassiopeia; the Declination of it, which in correct Ta_bles is 54 Deg. 55 Min. and its Right Ascension 6 Deg. 4 Min. or thereabouts. But such as have more Ca_pacity than others, may learn to know as many Stars as they can, so as by Sight to distinguish them; and to note down in Writing, their Declinations and Right Ascensions, for their Use in working any Question at Sea, about finding the Longitude by not one Star on_ly, but by as many as they please; and yet all, (if the Operation be rightly performed, according to the Rules here to be deliver'd) to agree to Admira_tion, as much as when any one Question in Trigonometry may be wrought many several ways, and by several Datums, and yet all to agree, with so little Difference as is not to be notic'd. For what Diffe_rence happens in working Questions in Trigonometry is not in the Rules, which are most certainly true, but in taking an Angle or a Side too much or too lit_tle, as a Minute more or less will occasion some Di_versity in resolving the Question; as is well known to the Learned. And that one Star above-mention'd will suffice to any Seamen to find their Longitude as far East or West, Southerly, or Northerly, as that Star is any where visible. Not that the said Star has any peculiar Property in it, to discover the Longitude, more than any others; for the Longitude may be found by any Star as well as by that: But it, and many other Stars that lye near the Equinoctial Co_lure in our Hemisphere, East or West, are more com_modious for Beginners. And that the working to find the Longitude by several Stars, whether remote or near, doth agree in the giving the same Longitude of your Place, is a sufficient Demonstration by pro_per Effects to proper Causes, to prove the Theory and Method I am hereafter to deliver to be true: For no fallacious Cause can constantly and uniformly pro_duce the same Effects.

The PRAXIS or Operation; How a Man, whether at Sea or Land, may find the Longitude in any Part of the World where he is.

It being allowed by all Learned Men in Astrono_my and Geography, that a Man may begin his first Meridian any where, from whence to compute his Longitude from that beginning, as a sort of Epo_cha; I chuse to begin it at the Equinoctial Colure, for Reasons above given: And having found the Longitude of any Place, whether at Sea or Land, from this beginning, it is easy by Addition or Substraction to reduce it to any vulgar Meridian, or the vulgar Meridian to it; the Vulgar being Ten Degrees East from the said Equinoctial Colure.

After you have well known this Star called Sche_der, so as to distinguish it by Sight from all other Stars, wait upon the said Star until it come upon its South Meridian, as Seamen do to find the Sun's high_est Altitude; and take its Distance from the Zenith of your Place, by looking to it, and using an Astrolabe; which is a proper Instrument frequently used by Sea_men in other Countries, to observe the Height of a Star, or its Zenith Distance when it is at its greatest Height. Suppose the Zenith Distance be found by your Astrolabe to be 30 Degrees; Note that down for your Use, in order to the finding the Longitude.

This is one Way, that has no more Difficulty in it, nor less Exactness, than for Seamen to find their La_titude.

Objection. But it is impossible that you can know when that Star comes to the Meridian of your Place, unless you know the precise and exact Time when it should come upon your Meridian.

Answer. This Objection seeks to overthrow all finding the Latitude equally as the Longitude. For this see Page 4. Numb. X.

Objection 2. When AB in the greatest Circle (See the Scheme) are Vertical to AB in the lesser Circle, B in the greater Circle is not in its least Distance from the Vertex, unless the Parallel Arches AB in the lesser Cir_cle, and AB in the greater Circle, be in the Meridian.

Answer. The Words of the Objection are wrong_ly expressed, and carry in them a Contradiction to the Fundamentals of Astronomy: For it supposeth that two Zenith Fixed Stars or Points in the Starry Firmament, such as AB in the greater Circle, can be nearer one another at one Place than another; which is contrary to Principle II. in Page 2. of this Treatise: The which said Principle is universally re_ceived among all the Professors of Astronomy, viz. That all Fixed Stars and Points in the Starry Firmament, keep the same Distance where they are, and whatsoever Azimuth they appear on, as well as Me_ridian: For otherwise they would not be Fixed Stars, but Planets: They change indeed their Horizontal Distance, so as to be nearer the Horizon of the Place where you are, at one time, than another: And such Stars as never descend to the Horizon so as to touch it, namely the Star above mention'd, call'd Scheder, having Latitude 54 Degr. 55 Min. never comes near_er to the Horizon than at the Distance of 19 Degr. 50 Min. which is its nearest Distance to the Horizon: And when it is at the nearest Distance of 19 Degr. 50 Min. it is then upon the North Meridian; and when it is 70 Degr. 10 Min. from its nearest Distance to the Horizon upwards, then it is at its greatest Height upon the South Meridian: But still it keeps the same Vertical Distance from the other Star or Point A; both being Vertical Stars or Points to their respective Places on Earth, such as BA in the lesser Circle. The Words of the Objection being thus cor_rected, to render them consistent with the Fundamen_tal Principles of Astronomy, by saying, when the Star B comes to its nearest Distance to your Horizon, the said Star is upon the Meridian; and then by your Observation you can take its true Distance from your Zenith; and both the Stars or Points are Zenith Points. But this is so far from impugning my New Theory and Method of finding the Longitude, that it con_firms it, and perfectly agrees with the Practice. But I know a Way to take the true Distance of the Point A (when there is not a Star at A) from the Star B, at any Time of the Night, as well when it is not on the Meridian, as when it is on it: But for Brevity sake I shall not here mention it: For without that other Way, the Longitude can be found as well as the Latitude, by waiting upon the Star until it comes to the Meridian of your Place, as is above shewed.

Now for a Conclusion of the whole Matter with Relation to the Practice.

First, By Observation how soon the Star Scheder comes to the South Meridian of your Place, take his Distance from your Zenith by your Instrument above_mentioned.

Secondly, By this Distance form to your self in Mind a Spherical Oblique Triangle, such as that in the Scheme, viz. PEF, whose Side PE is the Comple_ment of the Latitude of one of your Places, and PF the Complement of the Latitude of your other Place, and EF the Distance found; which Three Sides being given, by a Canon in Spherical Trigonometry, you can find the Angle at the Pole, which is the true Lon_gitude required of B from the Star called Scheder, at the Equinoctial Colure, by which you observed. And because he is 6 Degrees East of the Equinoctial Colure, you must add to the Longitude found by the Star Scheder the said 6 Degr. and that gives your whole Longitude of your Place from the first Meridian at the Equinoctial Colure. But to reduce it to the vulgar Me_ridian, you must substract 10 Degr. because the Vulgar Meridian is 10 Degr. East of the other.

Next, to find the Longitude of any Two Places ha_ving the same Latitude, lying due East or West, the one from the other; First observe the Distance betwixt your Zenith where you are, and the Zenith of the Star Scheder, as before, and take that Distance for one Side of your Tri_angle, and take the Complement of your Latitude for another, and the Declination of the Star Scheder, answer_ing to the Latitude of the Place whose Zenith Star it is for the Third Side, and that will give you the Angle at the Pole; and adding to it 6 Degrees, as above, that will give the Longitude of your Two Places, from the first Meridian at the Equinoctial Colure. G.K.

astronomical scheme referred to in the text

|CSC |Y1712 AN ESSAY Concerning the Growth of Empiricism; Or the Encouragement of Quacks. WHEREIN The Present State of Physick in this Kingdom is fairly represented; with some Reasons for the Necessity of a Regulation in the Practice of it. Humbly offer'd to the Consideration of the Queen's Majesty, and the Parliament of Great Britain. &horbar By Fran. Guybon, M.D. &horbar IATRIKĒ techneōn men paseōn estin epiphanestatē dia de amathiōn tōn te chreōmenōn autē, kai tōn eikē tous toiousde krinontōn, poly to paseōn ēdē tōn techneōn apoleipeiHippocr. Lex. &horfill; Pudet h�c opprobria nobis Et dici potuisse, & non potuisse refelli.Ov. Met. &horbar LONDON: Printed for R. Parker, at the Unicorn under the Royal Exchange; and sold by J. Morphew, near Stationers Hall. 1712. Price 1s.

THE PREFACE.

THE Design of the following Es_say is briefly and plainly to re_present the present State of Physick in this Kingdom; and to demonstrate the Necessity of a Regulation in the Pra_ctice of it. And as I'm fully perswa_ded such a Regulation in Physick would tend both to the Honour of the Nation in general, and the Good of her Maje_sty's Subjects in particular; so there seems no need of making any manner of Apology for engaging in so very laudable an Attempt. I can, for my own Part sincerely declare to those whose Chance it may be to have this Essay fall into their Hands, that the Design of it is entirely honest, having assuredly no other View than that of doing Service to the aggrieved, which is the far greatest Part of the Kingdom. No private Consideration of what Nature soever could have mov'd me thus to expose my self to the Censures of the World; es_pecially in an Affair for the Inter_meddling with which, 'tis to be feared I may expect more Reproaches than Thanks. For tho' I have often had it in my Thoughts, that a Man could not do a better Piece of Service to the Pub_lick, than to demonstrate the Necessity of such a Regulation in Physick; yet the Consideration of what a vast Num_ber of Enemies he must consequently raise to himself, did for some time, I must confess, deter me from the At_tempt. I was very sensible, what a Multitude of People there are, who not only subsist but enrich themselves by those very Methods which I had undertaken to condemn; and therefore very well knew, that right or wrong I should not fail to meet with a Legion of Opponents. But the Love of Truth, and a hearty Desire of contributing somewhat to the common Good of Man_kind, did at last outweigh and prevail with me above all other Considerations.

If then the following Essay may but in some Measure contribute to the Re_moval of those pernicious Encroach_ments, which have been unhappily made upon the Province of Physick, I hall have gain'd my End, and shall despise any little Censures or Reflexions which thereby I may possibly draw upon my self. And tho' I am not at present conscious of any valid Objections which can be made against what I have advanc'd, yet do promise, whatever they be, if fairly and candidly propos'd, I'll en_deavour to answer them in the same Manner. For to conclude, I have given the Title of an ESSAY to the following Sheets, because I have only touch'd upon, and not exhausted the Subject.

&horbar

The CONTENTS. INtroduction Definition of a Quack or Empi_rick Pr�requisita to the Medical Art demonstrated in general Particular Enumeration of them Necessity of Understanding The Learned Languages Ibid. Natural Philosophy The Animal Oeconomy Pharmacology Nosology Conclusions from the Enumeration of the Pr�requisita Experience will not make a Physician Difficulty of being qualified for the Practice of Physick Quacks, how unqualified for the Profession of Physick Greatest part of the Practiti_oners in Physick Quacks Apothecaries can no more be said to be qualified than other Mechanical Tradesmen Further Reasons for the Necessity of a Regulation in the Practice of Physick From the Good of the Publick in general Ibid. Better trusting Nature than a Quack The Universities in particular The Art of Physick it self The Regular Professors of the Art Some Objections Answer'd Several Excuses invalidated Conclusion

&horbar &horbar AN ESSAY Concerning the Growth of Empiricism, Or the Encouragement of Quacks.

HEALTH being the great_est of Natural Blessings, 'tis as needless to say any thing in its Praise as to enlarge up_on the Usefulness of Physick, which preserves and restores it. But as there is nothing which would more advance the Usefulness of that Di_vine Art, (and is therefore of great_er Importance to the Publick Good) than a Regulation in the Practice of it; so there is nothing conse_quently more recommendable to the Consideration of the Queen and Parliament than the present State of Physick in this Kingdom. The Encouragement which Quacks and Empiricks have lately met with, is not only so surprizingly great, but so vastly detrimental, that in the best of Governments, where Civil and Religious Properties are so hap_pily secured, there seems nothing more wanting than some speedy and powerful Expedient to restrain so growing an Evil.

But before I proceed to offer any of my Reasons for the Necessity of a Regulation in the Practice of Phy_sick, or enter into a Detail of the evil Consequences (deservedly to be lamented by all who have a just Sense of them) which attend the Encouragement of Quacks and Em_piricks, 'twill not be improper to give the Definition of, or to let the Reader know what I desire may be understood by the Words. The Word Quack, says the Gazophylacium An_glicanum, is of a Dutch Original, signifies a frivolous and vain Tat_ler, and so is applicable to all Per_sons of any Profession, who osten_tatiously pretend to a great deal of Skill and Knowledge in Matters which they are really ignorant of, or do very little understand: And by a Quack or Empirick, I mean any and every one of those who pretend to practise Physick without Knowledge of the Pr�requisita to that most useful but most difficult Art. There are some, 'tis true, who would fain perswade us, that the Medical Art is only to be promoted by Experiments, or obser_ving what things are hurtful, what beneficial in Diseases; that the Study of Nature and the Know_ledge of the Body are only trifling Curiosities, and things altogether superfluous. But it's agreed, I am apt to think, amongst the more in_telligent part of Mankind, that there are several things perfectly and absolutely necessary to be known, before a Man can reason and make Judgment either of the Nature of Diseases, or the Use of Methods and Medicines for the re_medying them, and therefore ought to be understood before he presumes to take the Care of Mens Lives in_to his hands: For how can he pre_tend to cure Diseases, unless he first apprehends what they are, and in what they consist? How can he rationally prescribe Medicines if he understands not their Operations? Or how can he expect any manner of Advantage from them if he does not consider the Relation between the Disease and the Operation? And how can he be qualified to do any of these things, unless he be first acquainted with the Nature, Properties and Functions, of a hu_man Body, the Subject of his Art, and to which they relate? And that this was the Opinion of the ancient Physicians, is evident from the Variety of Medical Introducti_ons and Institutions publish'd by them. For it was not in those days thought proper that the Care of Mens Lives should be entrusted with Persons, till they were in_structed in the Methods of preser_ving them. &horfill; Abrotanum �gro Non audet, nisi qui didicit, dare — Hor. Epist.

But that there are several things absolutely necessary to be known by Men before they ought to pre_tend to the Practise of Physick, and which are what I mean by the Pr�_requisita to the Medical Art, will more fully appear by a particular Enumeration of them, viz. the Knowledge of

I. The learned Languages. II. Natural Philosophy. III. The Animal Oeconomy. IV. Pharmacology. V. Nosology.

I. The first of the Pr�requisita then, which I shall mention, is the Knowledge of the learned Langua_ges: For Physick being the Wis_dom which is heap'd up in the va_rious Labours and Observations of the Learned of all Ages, or the Judgments of many Men wound up, as it were into one Cum unius hominis vita ad omnium in_ventionem sufficere nequeat, longi temporis observationes Historia colligit, ut ejus benefi_cio tanquam ex multis tot s�culorum homini_bus unus efficiatur eruditissimus.Galen. de sub_figur. Empir. Cap. 9 , 'twill be found necessary in a Physician to be vers'd in the Writings of the An_cients as well as the Moderns, and to be well acquainted with their Rules, Cautions and Remedies, they having laid the first Foundation of the most excellent Art, by both observing and describing the Na_ture of Diseases. Most of the Di_agnostick and Prognostick Signs of Diseases are the Result of their la_borious and solid Observations, and will continue to be faithful Guides to all that can make Use of them, as long as human Bodies and Na_ture it self remain. Nothing there_fore can be more previously necessary to the Practice of Physick than an Acquisition of the Greek and Latin Tongues; for as in those Languages the Art is deliver'd; so without them the Terms in the English Translations are not possibly to be understood.

II. The next of the Pr�requisita is Natural Philosophy: For as the Art of Physick is only the Natural Knowledge apply'd to the Preser_vation of Health and Life; so whoever intend to apply themselves to that Art will find it necessary to consider the Human Body, the Sub_ject of their Art, as a meer Natu_ral Substance, before they proceed to the Consideration of it as an A_nimated Being. For tho' the Hu_man Body, as an Animated Be_ing, is, strictly speaking, the im_mediate Subject of their Care; yet the peculiar Properties of Animated Substances cannot well be distinguish'd or understood, un_less the common Affections of Mat_ter be first known, out of which, the Human as well as other Ani_mated Bodies are compos'd. And notwithstanding those Particles of Matter, which are modify'd into a Human Body, during that State, are enrich'd with Properties and Perfections, distinguishing them from all other Beings, yet there re_main in them some Affections com_mon to other animated Beings, and some promiscuously to be found in all Natural Substances. Whoever, therefore designs to apply himself to the Art of Physick, ought to com_prehend the general Properties and Affections of Matter; the Origin and transitory Nature of Forms and Qualities; and how the Parts of a Human Body consider'd as a Na_tural Substance may be mov'd, before he begins to inform himself (or indeed rightly can) of the Af_fections observable in a human Bo_dy, as animated or endued with Life. And this seems to have been the Method by which Novices were heretofore initiated into that Art, as appears by the Institutes of Ga_len, Rhases, Sennertus, Fuchsius, &c. as likewise in that they have blended and interwoven the Philo_sophy esteem'd in those Ages with that most excellent Art, and have form'd that proverbial Saying, Ubi desinit Physicus, ibi incipit Me_dicus. But Natural Philosophy is not on_ly absolutely necessary to form a right Apprehension of the Human Body as a Part or Portion of Mat_ter, but also to frame a true Idea of Medicines and their Operations, as will more fully appear under that Head.

III. The next of the Pr�requisi_ta is the Knowledge of the Animal Oeconomy, or the Consideration of the human Body as animated or endued with Life, and that as well in its natural or healthful, as in its pr�ternatural or morbid State; it being altogether necessary to un_derstand the natural State of the Body before the Nature of a Dis_ease can be rightly comprehended. The Animal Body is now known to be a pure Machine, and its A_ctions and Motions demonstrated to be the necessary Consequences of its Structure. And as the Actions of the Body, from which Life and Health do flow, are the necessary Consequences of its Oeconomy; so likewise Diseases and all their Symptoms, are nothing but Alterations or Disorders in it. It de_monstratively therefore follows, that the greater the Knowledge of the one is, the better the Nature of the other must be known; and that a Physician ignorant of the A_nimal Oeconomy is ignorant of the Structure and Uses of the Machine he undertakes to regulate. The Parts of Animated Bodies are aptly and usefully divided into Solid and Fluid. Anatomy, or the Art of Dissecting the solid Parts of Ani_mal Bodies, in order to an exact Discovery of their Situation, Stru_cture, Uses, &c. as it is absolutely necessary to the Knowledge of the Animal Oeconomy, so it has ever been justly esteem'd one of the Foundation Pillars of Physick. Nor indeed of less Use is the Doctrine of the Fluids; under which Head I include a right Apprehension of the general and particular Properties of the Animal Fluids, and of their different Motions, Natures, Uses, Offices, &c. There are se_veral other things also included in the Knowledge of the Animal Oe_conomy (and some few of them I shall just mention) which tho' not strictly referable to either Branch of the above-mention'd Division of the Parts, are yet equally necessa_ry to be understood; viz. the dif_ferent Dependencies the Parts have on, and the different Relations they bear to each other; the Powers of Motion (both Voluntary and In_voluntary) and Sensation; the ge_neral Reason and Nature of Secre_tion; the Velocity of the Blood's Circulation, with the Reason of its Differences at different Distances from the Heart; the Necessity of Breathing after Birth, with the Force of the Air upon the Blood in that Action, &c. &c. &c. But an exact Knowledge of the Animal Structure and Oeconomy, will after_wards appear more particularly ne_cessary, as well to explicate the Vir_tues and Operation of Medicines, as to ascertain the Diagnosis, and comprehend the �tiology of Dis_eases.

IV. Another of the Pr�requisita is Pharmacology; comprehending the Knowledge, 1. Of simple Na_tural Medicines, whether of the Animal, Vegetable, or Mineral Kingdom. 2. Of the several Parts of Pharmacy, both Galenical and Chymical. 3. Of the general Na_ture, Virtues, and Operation of Medicines. For as a Man cannot be said to understand an Art, with_out understanding the Instruments as well as the Sub_ject of that Art; so the Human Body being the Subject, and Medicines the Instruments of this Art, the Knowledge of the one must consequently be as necessary as the Knowledge of the other.

1. By the Knowledge of simple Natural Medicines, I here mean that of the Substances themselves as well as of their Medicinal Vir_tues and Efficacies. 'Twould be altogether needless to wast any Time in insisting upon the Necessi_ty of understanding this part of Pharmacology: For as without knowing the Substances, a Man in his Practise must wholly confide in, or rely upon the Gatherers and Venders of Medicines; so indeed the Knowledge of their Virtues and Efficacies, without knowing the Substances themselves, seems to me, if of any, of a very dangerous Use.

2. Pharmacy contains the Man_ner of Preparing and the Method of making such simple Substances into Medicines, and consists of several Parts, whether according to the Ga_lenical or Chymical Forms. All the several Parts of Pharmacy, and of Chymistry in particular, viz. as it teaches the most Compendious and Efficacious Preparation of Medi_cines, are, and have been so often demonstrated to be so absolutely necessary to be understood by all who design for the Practice of Phy_sick, that as there is nothing in which Men seem more agreed than in the Necessity of understanding these things; so it would be but Loss of Time to enlarge any further upon them. I shall therefore con_clude what I have to offer under this Head, with the following Obser_vation; That since it is so necessa_rily incumbent upon every one who pretends to the Practice of Phy_sick, to understand all the Parts of Pharmacy, there can be no Objection made upon that Account, I mean, against a Physician's prepa_ring his own Medicines, but either by ignorant or interested Men. But tho' this Observation is suffici_ent to excuse the Physicians for gi_ving their own Medicines (which indeed is only resuming what their Ancestors either out of Pride or La_ziness left off) yet it does not fol_low that there is any manner of A_pology to be made for the Apothe_caries intruding themselves into the Practice of Physick, as will more fully afterwards appear.

3. Under the third Branch of Pharmacology is compriz'd the Knowledge of the general Nature, Virtues and Operation of Medi_cines. And as Natural Philosophy was proved to be necessary towards forming a right Notion of the Hu_man Body, so 'twill be found as necessary towards comprehending the general Nature, Virtues, and O_perations of Medicines. For Medi_cines being only natural Substan_ces, only Parts or Portions of Mat_ter, 'tis evident, that their Powers and Properties are not only under the same common Laws and Rules which are observed in the other Parts of Matter, but are also to be explain'd in the same Methods: and therefore Medicines are not only Natural Substances, but they also operate in a Natural Way, [i.e. by different Kinds and Degrees of Mo_tion] such Natural Substances loo_sing only their Denomination, and not their Natures, by being term'd or applied as Medicines. By a due Apprehension of these things, and without which it is impossi_ble for a Practitioner in Physick to be really useful or serviceable in his Generation, Men will know what Effects to expect, and be prevented from a credulous Expectation of Effects, which can in no wise pro_ceed from them in a natural Way. Medicines, notwithstanding the Materia Medica is made up of so vast a Variety of Natural Substan_ces, may, in respect of their gene_ral Virtues or Operation, be com_priz'd under such as produce some Evacuation, or such as only effect some Alteration in the Body. And not only Natural Philosophy, but a due Knowledge also of the Animal Oeconomy is absolutely necessary towards framing a right Notion of these Things: For unless Men un_derstand the Structure, and com_prehend the Uses and Offices of the Parts of the Body, it is impossible for them to know how, or by what Organs, or in what Regions, Parts or Juices, Medicines perform their Operations.

V. The fifth and last of the Pr�_requisita, which I shall mention, is Nosology; containing whatever re_lates to the General Nature, Signs, Causes, &c. of Diseases. For as the Consideration of the Human Body, in its natural or healthful State, is, by Physicians, only in order to the Consideration of it in its Pr�ternatural or Morbid one; so consequently there can be no_thing more previously necessary to the Practice of Physick than what_ever relates to the Knowledge of the General Nature, Signs, Causes, &c. of Diseases.

1. And first the Want of a clear Idea of the General Nature of Dis_eases must be a certain Means of laying a necessary and afterwards unalterable Foundation of Error and Miscarriage in Practice. One would be tempted to think, from the erroneous Proceedings of unin_telligent Practitioners, that Diseases were really separate Essences, (or I know not what substantial Forms) and as such enter'd and possess'd the Bodies of Men. Whereas, by a due Consideration of their Na_tures, they will be found to be no_thing different or distinct from the Body, but only Changes or Alterations in the Modification of its con_stituent Parts, or different Modes of Indisposition in the same Body.

2. Secondly, the Doctrine of the Signs, both Diagnostick and Prog_nostick, is not less necessary to be throughly understood, before a Man undertakes the Practice of Physick, than the General Nature of Diseases. For as by a due Know_ledge of the Diagnostick Signs, he may be instructed truly to distin_guish one Disease, tho' never so much alike, from another; so thro' want of that Knowledge, one Disease is very often mistaken for and treated as another. How of_ten, for Instance, has a Colica and a Nephritis, a Fluor Albus and a Go_norrh�a, a Chlorosis and a Phthisis been confounded? So that the Foundation of Cure seems prima_rily to be laid in a right Apprehen_sion of the Diagnostick Signs of each Distemper. But here it ought to be observed, that the better a Man understands the Animal Structure and Oeconomy, the more capable he will be both of comprehending and ascertaining the Diagnosis, and that a Man ignorant of those things must necessarily mislead himself by the Use of a common Name, and apply it to denote Circumstances which are so far from being always alike, that they will be sometimes found extremely different.

And as to the Prognostick Signs of Diseases; tho' it be certain that the Recovery of the Sick is the great Design of the Medical Art, and undoubtedly more necessary than Presaging the Event of Di_stempers, yet the Advances which have been made in the Prognostick Part of Medicine, as acquiring no small Esteem and Authority to the Physician, ought diligently to be collected from the Observations of the Ancients, particularly of the Divine Hippocrates, as well as from the Writings of the Moderns.

3. Thirdly, the �tiology of Diseases; I mean more particular_ly as to the immediate and conjunct Causes, will be found as necessary to be known be every Practitioner, as either the General Nature of Diseases, or the Doctrine of the Signs. For if, as is very evident in Practice, Diseases even of the same Denomination, arising from different Causes, do administer different Indications, or indicate different Methods of Cure; the �tiology must consequently be a grand Source from whence Ratio_nal Indications can be drawn. 'Twere very easie to give Instances in almost all the Diseases incident to the Human Body, but thinking it altogether needless, because the Medical Writings are so full of them, I shall conclude this Head with ob_serving, That as an exact Know_ledge of the Animal Structure and Oeconomy is absolutely necessary to comprehend the �tiology of Diseases; so the Modern Improve_ments in Anatomy have very consi_derably advanc'd the �tiological Part of Medicine.

Having thus, with the utmost Brevity demonstrated, that there are several things perfectly and absolutely necessary to be known by Men before they ought to pretend to the Practice of Phy_sick; my present Design does not at all oblige me to enquire whether I have enumerated all the Pr�requisita to the Medical Art; but from that Enumeration of them which I have made, and from what I have advanc'd, under each of those Heads, may very fairly venture to draw the following Conclusions, viz.

I. That Experience alone will not make a Physician. II. That the Enumeration of the Pr�requisita to the Medi_cal Art is a sufficient Argu_ment with what Difficulty a due Qualification for the Practice of it is attain'd. III. That it is a plain Demon_stration, how unqualified the Quacks are for exercising the Profession they pretend to. IV. That it is an evident Indi_cation to the rational Part of Mankind, who do, and who do not, and that the far great_est Part of the Practitioners in Physick do come under the Denomination of Quacks. V. That an Apothecary can no more be said to be Qualified for the Practice of Physick than any other Mechanical Tradesman.

I. That Experience alone will not make a Physician: For if there are, as I have already proved, se_veral things absolutely necessary to be known by Men, before they can judge of the Nature of Disea_ses or Remedies, which are what I mean by the Pr�requisita to the Medical Art: It evidently follows that Experience alone, i.e. Expe_rience without the Pr�requisita will not make a Physician. The Art of Physick then may very aptly and use_fully be said to consist of two Parts, viz. The Theoretical and Practical. And as there is nothing truer on the one hand, than that the Theory, viz. the Knowledge of the Pr�requisita is, as has been fully prov'd, abso_lutely necessary to the Practice: so there is nothing more evident on the other, than that the Know_ledge of the Theory, tho' previ_ously necessary, is only in order to, and therefore useless without, the Practice. For tho' 'tis impossi_ble (I affirm) a Man should make any considerable Figure in the Pra_ctice, who is ignorant of the pr�li_minary Arts which compose the Theory of Physick: And if without the Knowledge of those Arts, a Man jumps, as I may say, into Practice, such a one is never to be trusted, tho' he had seen Thousands of Patients, and ten thousand Pre_scriptions; yet do I not (as it is ri_diculous to) suppose, that Men should rest here, or dwell upon the Theory; or that the speculative Part of Physick should teach them to cure all manner of Distempers in their Closets, without a constant Attendance on the Sick, without a diligent and unwearied Observa_tion on Diseases. A due Appre_hension of these things may be a Means to determine the many un_necessary Disputes concerning the Preference of one Part of Physick to the other; the Knowledge of the one absolutely depending on, and consequently being altogether as necessary as that of the other. And as Theory and Practice, so Reason and Observation ought not to be compar'd with, or oppos'd to, each other, but join'd together, as mutually adorning and illustra_ting one another, to the fully com_pleating of a Physician. A Man may be an Advocate for Experience, and well appriz'd of the Usefulness of accurate Ob_servations, and at the same time not discard the Use of Reason in Physick. True Observations will never be found to contradict Right Reason, nor will Right Reason exert it self in oppo_sition to matter of Fact. But lest any of the Empirical Tribe should pretend to take Shelter under Au_thorities, or to interpret what Ba_glivi says concerning Experience and Observation in favour of themselves, I've purposely read over all the Works of that celebrated Author, and from innumerable Passages in his Writings, think nothing more evident, than that it is a Literate, and not an Empirical Experience, which he contends for. 'Tis not Experience without the Pr�requisi_ta, but such a well grounded Ex_perience as a Man duly qualify'd for the Practice of Physick, may daily with Reason, be suppos'd to acquire. And 'tis as evident, that what he has advanc'd, concerning the Importance of Observation in the Way of Physick, ought to be interpreted in that very Sense. For tho' he says, That nothing so naturally tends to the Improvement of Physick, as Experiments and Observations, yet 'tis certainly true, that he desires it might be under_stood (as indeed it ought to be) of Experiments directed by the Know_ledge of the Animal Oeconomy, and of Observations grounded on that and the other Pr�requisita. So notwithstanding what Dr. Sydenham declares, viz. Vid. Epist. Ded. Obs. Med. Artem Medi_cam haud rectius esse perdiscendam, quam ab ipsius Artis Exercitio atque Usu; and Vid. Tract. de Podagr�. p. 80. Edit. Lugd. Bat. Praxin esse Medicin� Profitentium Lapidem Lydium, 'tis evident from Passages enough in that worthy Author, particularly from the whole 81st Page of the last mention'd Treatise, that he never design'd, by what he says, to advance an Empirical Ex_perience, or to preclude the Ne_cessity of understanding the Pr�requisita. As there is nothing more ridiculous than to suppose all Men capable of making a good Use of Experience, or able to draw right Conclusions from the Motions of Nature; so Quacks and Empi_ricks, who set out without either Light or Method must undoubt_edly prove stupid and erroneous Observators: It being indeed im_possible that Men ignorant of the Medical Pr�requisita, should be capable of improving either them_selves or the Art by their Experi_ence and Observations. What there_fore is daily said in praise of Expe_rience (to which no one pays a greater Deference than my self) and in Recommendation of expe_rienc'd Physicians, ought to be un_derstood with such a Restriction as not to include the Practitioners, who never had Opportunities of Understanding the Pr�requisita. How ridiculous then is the Folly of those People who magnifie an Empirical Experience, or cry up a Quack or whatsoever Figure or Fame, for a Man of Experience, which wanting a Foundation, can_not be of any real Use and Service either to himself or others.

II. That the Enumeration of the Pr�requisita to the Medical Art, is a sufficient Argument with what Difficulty a due Qualification for the Practice of it is attain'd. For if it be so absolutely necessary, as has been already prov'd, to under_stand the Pr�requisita to that Art, 'tis very easie to infer, both what Length of Time and Labour of Thought the Acquisition of so much Knowledge will require. 'Tis not then a Raw and Superficial Knowledge of Receipts and Medi_cines of Diseases and their Cures, which will qualifie a Man for the Practice of Physick, but a gradual Advancement thro' all the above_mention'd Foundations of the Art. 'Tis not to be suppos'd, that the Ars longissima should be so quickly acquir'd, or the most difficult of Sciences so instantly attain'd. And this Truth is not only confim'd by Hippocrates, in his very first Aphorism Technē Makrē, and in his Enume_ration of the Necessaries which he requires to constitute a Good Physician Didaskalia. Paidomathia. Philoponia. Chronos. Hippocr. Lex; but by the con_current Testimonies, both of the Ancients and Moderns. Yet notwithstanding what has been ad_vanced, concerning the Pr�requisi_ta to the Medical Art, and the Difficulty of acquiring the Know_ledge of them; it is very surpri_zing to consider what a vast Num_ber of Persons there are, who would fain become Physicians without La_bour and Study, and be saluted Sons of Apollo, without any manner of Right to the Title. But all and every one of those who are ignorant of the Preliminary Arts, which compose the Theory, are but Pretenders in Physick, do jump, as I said, into Practice, and are ne_ver to be trusted tho' they had seen thousands of Patients, and ten thou_sand Prescriptions. But I now pro_ceed, in the third Place, more par_ticularly to consider,

III. That the Enumeration of the Pr�requisita to the Medical Art, is a plain Demonstration how unqualified the Quacks are for ex_ercising the Profession they pretend to. And if, as has been prov'd, there are so many things absolute_ly necessary to be known, before a Man can either reason or judge of Diseases; it evidently follows, that a Quack, ignorant of those things, is absolutely unqualified for that Profession. Were but the Matter indeed, as impartially consider'd as it ought to be, there seems no_thing more ridiculous than to pretend to the Practice of Phy_sick, without a previous Know_ledge of them; it being im_possible but such People must make either Improper, Dangerous and Destructive, or Insignificant and Useless Applications. It is not on_ly true in Fact, that the most ge_nerous often prove the most dead_ly Medicines, if administred with_out Judgment; but it is an every day's Observation, that those very things which have the Reputation of being harmless and inoffensive, if improperly applied, do too often create very great Mischiefs. In the Practice of Physick there is requir'd not only great Labour of Thought, in searching into the several Ap_pearances and Circumstances of Diseases, but also great Strength of Judgment in duly weighing and comparing them together. And it is not here, as in many other Cases, where Experiments may be repeated without any great Injury; for this perhaps admits but of one single Tryal, which possibly may terminate in the Death of a Man, and one false Step, especially in an acute Disease, may be of the most fatal Consequence. Physick, 'tis true, abounds with a very large Number of excellent Medicines: But Medicines, being Relations to Human Bodies, can only be said to be good or bad, as applied; and like all other Instruments to do ei_ther Good or Hurt, according to the Nature of the Hand which u_ses them. As there is nothing more conspicuous on the one hand, than the useful Effects of Medi_cines, when Methodically and Judiciously administred: So there is nothing more obvious on the other, than the deadly Effects even of those of the very first Rank, when us'd, without either Method or Judgment. Can any thing then more fully demonstrate the Vanity of Empiricism than the daily Ex_perience how Inefficacious and Use_less, even the most celebrated Spe_cificks are without a Judicious and Methodical Application? For tho' a more Noble Specifick than the Cortex, for Instance, was never known, yet Experience convinces us how frequently we are forced even in intermitting Fevers, to call in to our Assistance, the Know_ledge of Animal Oeconomy; and by Vomiting, Purging, or o_ther proper Means, to render that Specifick useful, which would o_therwise have been of no Effect: So that nothing seems more ridiculous than for a Man to pretend to cure Diseases, tho' arm'd with the best of Medicines, without the Know_ledge of the Animal Oeconomy, and the Nosological Pr�requisita. It may as well be expected that a blind Man should shoot flying, or a deaf one tune an Organ.

I cannot therefore conclude this Head without observing (which indeed naturally flows from the foregoing Considerations) how un_accountably infatuated they are, who apply themselves to any of the Empirical Tribe; there being no_thing so monstrous as their Preten_ces; nothing, but the no less mon_strous Credulity of those who employ them. But, Quos perdere vult Jupiter, prius dementat. Does any one Man more deserve to be ridicul'd, than he, who thinks his Gold Watch of too great Value to be put into the Hands of an un_der Workman, and at the same time, trusts his Body, a Machine of infinitely more curious Structure, with an ignorant Pretender in Phy_sick. Can a Man put a greater Affront upon his Reason? Or can he give an odder Demonstration of his Kindness to Wife, Children or Friends, than to commit any of them to the Care of such unequal Managers? In Matters of far less Moment, Men generally are more guided by the Dictates of Reason, and not so easily impos'd upon by any kind of empty Pretensions. If the Title of an Estate, wherein they are concern'd, be never so lit_tle suspected, they immediately ap_ply to the Best Advice, and will spare neither Cost nor Pains for a Right Information; but which is the most unaccountable Piece of Folly imaginable, are extremely less sollicitous about the Care of their Bodies than their Estates.

IV. That the Enumeration of the Pr�requisita to the Medical Art, is an evident Indication to the Ra_tional Part of Mankind, who do, and who do not, and that the far greatest Part of the Practitioners in Physick do come under the De_nomination of Quacks: I appeal to the Rational Part of Mankind, because they are the fittest Judges in the Matter; for as they are ca_pable of distinguishing who have, and who have not, had Opportuni_ties of understanding the Pr�requi_sita; so they cannot but at the same time be convinc'd, that the far greatest Part of the Practitioners in Physick, under the Deno_mination of Quacks. There is nothing more Evident than that there are Pretenders in Physick, who are so far from having any Knowledge of the learned Languages, that they cannot write their own; are so far from having made any Search_es into the vast Collection of An_cient Learning, that they never perus'd even the Observations of the Moderns; are so far from un_derstanding Natural Philosophy or the Animal Oeconomy, that they never had Opportunities of learn_ing Anatomy or Chymistry; ne_ver saw a Dissection, or one Pro_cess of the Preparation of Medi_cines. What a melancholy Re_flection then is it, that such a Trade of deceiving should be carried on under the Pretences to so useful an Art; and to consider, what a Num_ber of People there are who ha_ving no other Foundation but Im_pudence and Ignorance, bubble so many Thousands out of their Mo_ney and Lives?

V. That an Apothecary can no more be said to be Qualified for the Practice of Physick than any other Mechanical Tradesman. Tho' the Preparation of Medicines, ac_cording to the Prescript is properly speaking the Business of an Apothe_cary, and which Preparation re_quires only the Knowledge of the Substances themselves, and not of their Medicinal Virtues and Effi_cacies; yet let us suppose an Apo_thecary endued with that Know_ledge also, and let us consider how far it will qualify him for the Pra_ctice of Physick. We will then suppose him to know that this Me_dicine will purge; this, vomit; and this produce other Evacuations, or perhaps only Alterations in the Bo_dy. But as to know what is Indicated is one thing, and how to an_swer such an Indication another; so the Knowledge of the Virtues and Efficacies of Medicines will not at all instruct or direct him in the Application of them. For Me_dicines being Relations to Human Bodies, can be only good or bad, as justly or unjustly applied: And therefore, as I instanc'd , tho' we suppose a Man to know that such a Medicine will undoubtedly Purge, i.e. sollicit the Bowels into that Motion we call so; yet whether this will be to the Advantage of the Person to whom it is given, de_pends not on the Man's Know_ledge of the Medicine's Operation, but on the Fitness and Disposition of the Patients Body to receive it. Again, a Man may know, that there are some Preparations of An_timony,&c. which will always pro_duce Vomiting. But tho' by the Exhibition of a Vomit, a Vitiated Stomach is sometimes restor'd; yet when the Stomach is deprav'd from a Cause which cannot be removed by Vomiting, 'tis plain, that the Use of such Medicines cannot pos_sibly effect its Recovery. And a great many more Instances might be given in respect to the Opera_tion of Medicines, which only pro_duce some Alteration in the Body. The Excellency then of the Medi_cal Art consists in a right Appre_hension of the Relation between the Powers of the Medicine, and the Circumstances of the Disease. Now such a right Apprehension of this Relation, as is sufficient to qualify a Man for the Practice of Physick, cannot possibly be acquir'd by the Knowledge of Medicines, their Preparation and Virtues; but of all the abovemention'd Pr�re_quisita to the Art. And this single Consideration of the Relation be_tween the Medicine and the Body, as it distinguishes a Regular from an Empirical Practice; so it suffi_ciently exposes the Vanity of con_fiding in Receipts or Nostrums, and plainly demonstrates that the most celebrated Preparations (even of the Philosophers by Fire) are not capable of curing Diseases, without a Judicious and Methodi_cal Application, and that there can be nothing consequently more ridiculous than to suppose an Apo_thecary capable of advising from seeing the Prescripts of Physici_ans. If then the Knowledge of the Preparation of Medicines, if the Knowledge of their Virtues, and Efficacies, nay, if seeing the very Prescripts of Physicians, will not amount to a Qualifica_tion; it demonstratively follows that an Apothecary can no more be said to be Qualified for the Pra_ctice of Physick, having no other Means or Opportunities of acqui_ring the rest of the Pr�requisita, than any other Mechanical Trades-man. That small Pittance of Learning which is acquir'd at School, if not afterwards lost in the servile Offi_ces of the Shop, can claim no man_ner of Consideration: No; the Prolix and Laborious Study of Phy_sick, ought assuredly to commence upon a more Literate Foundation; and the Knowledge of it is not pos_sibly attainable, but by an Educa_tion of a quite different Nature.

'Twill be very pertinent to my present Design, and not unaccepta_ble to my Reader, I hope, to ac_quaint him, how the Apothecaries first crept into Houses, and intro_duc'd themselves into the Practice of Physick. Their officious Visits were at first made under Pretence of carrying the Physick themselves, which indeed might procure them the Reputation of careful Men, tho' by running on the Errands 'tis plain they chang'd Offices, with their Servants, and left them at home to do the Duty of their Ma_sters. This gave them Opportu_nities of insinuating themselves in_to Nurses, Servants, and other weak Persons attending the Sick; and by their Means of being ad_mitted to give their Opinions; and thence under Pretence of good Husbandry for the Patient, to re_peat the Physician's Bills, without his Order; and at last to prescribe without his Advice. Yet I am not, I must confess, for wholly laying aside this Order of Men, they being, in my Opinion very useful and serviceable in their pro_per Station and Business, which is the Preparation of Medicines according to the Prescript of the Phy_sician. But when an Apothecary deserts his Station in the Shop, neglects the Business of his Trade, and runs about advising in all Di_stempers; he becomes an Empi_rick, and invades a Profession which he cannot be suppos'd to under_stand. Can any thing be more a_stonishing than the levelling of a Learned Liberal Science, with a Mechanick Trade of the Hand di_rected by that Science? I could wish the Fool's Character had been preserved in our Chronicles, or that his Features were now to be seen in his Statue of Brass, who first sent for the Handy-craft La_bourer of the Medicines to answer any Questions concerning the Na_ture of the Distemper.

There is certainly no more Re_lation between the Business of an Apothecary, and that of a Physician, than between the Grinding of Colours and the Art of Painting: And therefore an Apothecary, who, without Knowledge of the Pr�re_quisita, pretends to the Practice of Physick, is altogether as ridicu_lous as a Colour-grinder, who, without any Skill in Drawing, should presume to manage a Pen_cil. The one may hear the Pa_tients examin'd, make up the Me_dicines himself, and observe their Effects; the other may see the first Stroaks chalk'd out, prepare the Colours himself, and afterwards see his Master at Work; yet nei_ther of them, without being first instructed in the various Rules as well as first Rudiments of the re_spective Arts, shall enter into the Skill of either the Physician or Painter, tho' thy look'd on them till Dooms-day. What Pity 'tis the Imitations of both cannot be equally expos'd to view, that the unskilful Management of the one might be as conspicuous as would be the ridiculous dawbing of the other.

There is also another Body of Men, I mean the Surgeons, who notoriously enough (tho' not in_deed so frequently in great Towns as the Apothecaries) invade the Profession of Physick. But as the Rules above-mention'd are suffici_ent to distinguish an Empirical Pre_tender from a Qualified Practitio_ner; so by the Application of those Rules to the Surgeons, 'tis very easily demonstrable, that they cannot but come under the Denomination of Quacks in Physick.

Tho' from what has been alrea_dy advanc'd, both concerning the Pr�requisita and the Conclusions which have been drawn from the Enumeration of them, it may seem altogether needless; yet I shall now proceed to offer three or four Rea_sons more, which will further de_monstrate the Necessity of a Re_gulation in Physick: And those may be said to regard,

I. The Good of the Publick in General. II. The Universities in Parti_cular. III. The Art of Physick it self. IV. The Regular Professors of it.

I. The first Reason then for the Necessity of such a Regulation (concerns the Good of the Publick and) is the Loss of her Majesties Subjects. And if I affirm that the Encouragement of Quacks tends as much to the dispeopling of the Kingdom as the Wars; The Com_putation must be allow'd to be modest, provided they kill as many in other Parts of the Kingdom as they do in those within the Sphere of my own Observation. But the Truth of this Assertion will more evidently appear to any one who does but fairly consider the Num_ber of Quacks with which every Corner of this Kingdom has the Misfortune to abound. For what but the most dismal Execution up_on the Lives, or the most dreadful Destruction of Mankind, can be ex_pected from such a Prodigious Number of Men, who under_standing not what they profess; may truly be said to be Qualified, as they are Licenc'd, to kill. And tho' the most horrid Slaughters are daily committed without any Fear of Punishment or Reproof; yet 'tis not a more melancholy Reflection to consider what a vast Number of Men fall by the Hands of these Executioners, than that the Execu_tioners themselves should escape the Hands of Publick Justice. I am not able to express my Indig_nation against such presumptuous Homicides: They ought to be ex_tirpated, if not at once, yet by Degrees, as the Wolves out of the Kingdom.

But to return; I hope to be ex_cus'd (for whosoever is well appriz'd of her Powers may be pardon'd) for asserting, That it is better trusting to Nature than to an ignorant Pre_tender in Physick. That Physicians are only Servants to Nature, and that she is Morborum Medicatrix, are Truths known to the Ancients, and confirm'd by the irrefragabel Experience of the Moderns. And as Nature alone will conquer some Diseases, and judiciously assisted the greatest part; so nothing is a brighter Demonstration of the Greatness of her Strength, than that even the Mismanagement of Nur_ses, Apothecaries and other Quacks, is not able to hinder the Recovery of very large Numbers, which fall under their Hands. The greatest part of the Symptoms of Diseases are the Efforts of Nature, but which Efforts being easily disturb'd, or soon oppos'd, require the most strict and wary Observance, and without Judgment, we may sooner injure than assist her; sooner op_press than relieve her. A Physici_an ought therefore religiously to observe and obey the Motions of Nature, to look upon them as his surest Guides in the Cure of any Distemper, and to be advis'd, ac_cording to them, what to do, and when, and in what manner to pro_ceed. The Art of Physick is not understood till the Artist compre_hends, in the Words of my Lord Bacon, Quid Natura ferat, & faciat. But if the Calamities of the Sick are encreas'd by the very Means which are used for their Relief; if instead of carefully assisting Na_ture in her Progresses to the Pre_servation of Life, she be clogg'd with useless and insignificant, or oppress'd with dangerous and de_structive Applications: I may just_ly conclude the Condition of those People who have the Misfortune to fall under such Hands, to be indeed a very deplorable one; and the Loss of her Majesties Subjects, from the fatal Mismanagement of so vast a Number of Quacks, to be con_sequently so very great, that the Encouragement of them may truly be said to tend as much to the dispeopling of the Kingdom as the Wars.

II. Another Argument for the Necessity of a Regulation in Phy_sick, is, that the Encouragement of Empiricism has already been a very great, and will hereafter be a far greater Detriment to the Uni_versities: For it can never be sup_pos'd, that Men will be at the Ex_pence of sending their Sons to any of the Seminaries of Good Litera_ture and ingenuous Education, when the Honours and Employ_ments of a Faculty may be obtain'd without it, and there is so little Distinction made between a Regu_lar and an extempore Doctor. The Apothecaries, and other Quacks, now openly avow their Resolutions of seizing on the Practice of Phy_sick; and of excluding in time all the University Physicians. They give not only Examples, but also Assurances of Success to all the Intruders into Divinity, and others, of the pretended Education in the Liberal Sciences. It would indeed be no great Matter of Wonder or Complaint, were Empiricks encou_raged only by the Ordinary Sort of People; or as the French call them, the Petits Gens; there being, as I have often observ'd, a Sort of Sym_pathy between Understandings. But 'tis very unaccountably supri_zing, and a just Matter of Com_plaint, that any of the distinguish'd Part of Mankind should venture e_ven in dangerous Cases to employ such illiterate, and consequently ignorant Pretenders. And what still enhances my Amazement is, that any of those Gentlemen, and especially any of the Clergy, who have had the Happiness of an Uni_versity Education; should give any manner of Encouragement to this sort of People. They have all laid themselves under the highest Ob_ligations of Preserving the Honour and Dignity of those Fountains of Learning. And the Physicians of the Soul in particular being obliged to visit their Parishioners in Sick_ness, ought not only to inform them that it is their Duty, but to press them also to apply to the Physicians of the Body, whom the Divine Laws Ecclesiast. 38,1-12. as well as our own have appointed; instead of either making use of Empiricks them_selves, or advising others to make use of them. I can never sufficient_ly deplore these Indignities offer'd to our Universities, nor ever e_nough blame and condemn the A_bettors and Promoters of them; but am not without Hopes that such growing Mischiefs as these are, will sometime be thought worthy the Consideration of those in whom alone is lodg'd the Power of Re_dressing them.

III. Another Argument for the Necessity of a Regulation in Physick, regards the Art it self; the Encouragement of Quacks and Em_piricks threatning the Ruin of the Profession as well as of the People. 'Twould be no very difficult Task to demonstrate the Certainty of the Medical Principles, and consequent_ly the real Usefulness of Physick to Mankind. But such an Attempt does not at all seem necessary in my present Design; because 'tis not to be suppos'd, that Persons should apply themselves even to the most ignorant Pretenders in Physick, un_less such Persons really thought they should receive some Benefit from the Directions of those to whom they did apply. Yet notwithstanding Physick is undoubtedly establish'd upon such Principles as do wholly free it from those Reproaches of Uncertainty which it has often, tho' falsly, been charg'd with; it must, at the same time, be con_fess'd, that the Malignity of some Acute, and the Stubbornness of some Chronical Diseases, do often elude all the Assistances of Human Art: For the most judicious and the most experienc'd Physicians can have no Power, as the Wise Man expresses it, in the Day of Death. But this can be no manner of Ob_jection to the Certainty of the Me_dical Principles, because it may happen and not proceed from any Defect in the Rules of the Art it self. For from a due Considera_tion of the Materials which com_pose a human Body, the Elegancy of its Structure, and the continued Flux of its Parts, 'tis very evident that it must necessarily be obnoxi_ous to Disorders, which are Disea_ses; and sooner or later as necessa_rily to a Dissolution, which is Death. So that whoever is well appriz'd of the wonderful Fabrick of the Hu_man Body, how curiously contriv'd and divinely fashion'd a Machine it is, may consequently be rather amaz'd at our living so long, than at our dying so soon. But tho' it must be acknowledg'd that it is not in the Physician's Power at all times, or in all Extremities, to retrieve or preserve his Patients from the Jaws of Death, (since to die is an Entail upon our Natures) yet it may with Modesty be affirm'd, Experience abundantly proving it, that there is so much Power in Medicines, and so much Virtue in Methods, as to enable him, if he but heedfully weighs and judiciously applies them, to give Ease to such as are in Pain, Sleep to such as are wearied out with Watching, and Strength to withstand the Approaches of grim and dreaded Death. But a Phy_sician cannot, I say, be suppos'd capable of doing these things with_out a due Consideration of Circum_stances, and a Judicious Applica_tion of Medicines. For if Medi_cines are promiscuously us'd in all Constitutions, or without Regard to the Circumstances of each Case, 'tis no Wonder they so often de_ceive Men in their Expectations of Success. And therefore as the Knowledge of the Pr�requisita is the only Means of Qualifying a Man for a successful Practice in Physick, and consequently of ad_vancing the Credit and Reputation of the Art; so the Ignorance of Quacks, both of the Nature, Cau_ses, and Cure of Diseases, must necessarily produce so many and so gross Mismanagements as can_not but extremely prejudice Man_kind in their Opinion of the Art. Their ill Successes are doubtless imputed to the Uncertainty of the Art it self, especially by the Un_distinguishing, which is much the larger Part of Mankind; and Men from their lessen'd Opinion of it, will by Degrees neglect to apply to any Advice at all; whereas the truly Noble and Divine Art it self ought by no Means to be charg'd with what is only to be imputed to the Ignorance of those who pre_tend to profess it.

Besides, 'tis a true and general Observation, that Arts and Sciences do improve and grow useful, accor_ding to the Encouragement of those who profess them. But the fre_quent Application to Quacks and Empiricks, by Men of all Ranks and Degrees, even to the most ex_alted Stations, is so publick and so vast a Discouragement to the Pro_fessors of Physick, that it may truly be said to threaten the very Ruin and Destruction of the Art it self. For as such a Discouragement must necessarily lessen the Number of the Professors in Physick; so it will consequently obstruct the glorious Progress of the Art, by hindring further Inventions, and future Im_provements in it. And how inca_pable the illiterate Pretenders in Physick are of improving either themselves or the Art, has been al_ready demonstrated. We may then very fairly suppose there will be but few Students in Physick, if after all the Labour and Pains of Acquiring that Knowledge, and after all the Expences of a Learned Education; their Bread shall be taken off their Trenchers, as we say, by every Il_literate Pretender. What a most ingenious Author observes upon a_nother Occasion is very applicable to this. If we consider, says he, the Expensiveness of the Voyage, which is made in search of Know_ledge, 'tis very hard the Under_takers should be plunder'd of what they bring home by Privateers; under the very Canon which should protect them. All which Conside_rations are sufficient to shew, how far the Encouragement of Quacks and Empiricks obstructs the Pro_gress of that glorious Art which teaches the Recovery as well as the Preservation of Health; and con_sequently threatens the Ruin of the Profession as well as the People.

IV. The fourth and last Argu_ment which I shall offer for the Necessity of a Regulation in the Practice of Physick, regards the Physicians themselves, viz. That no Profession is so invaded with un_qualify'd Pretenders, as theirs. I do not doubt, but 'twill evidently appear, that such an Invasion is singular to the Profession of Phy_sick, notwithstanding what some have endeavour'd, tho' without a_ny Colour of Reason, to maintain. 'Tis well known that Divinity and Law have their Palisadoes and In_trenchments; for who dare pretend in their Pulpits or Courts, but those who are fairly initiated ac_cording to Form and Custom? Whereas the Cobweb Fences of Physick are every Day invaded, any broken Weaver, Taylor, Shoe_maker, or merry Andrew, dub_bing himself a Doctor Extempore, and setting up for an �sculapius. So that Quacking and Ale-keeping are now a days become the last Employments, to which Men of decay'd Fortunes apply themselves to get Bread. And as none but those who are fairly Initiated or Admitted do presume upon the Professions either of Divinity or Law; so there is but one way of Initiating or Admitting Persons into the Exercise of them. Where_as on the other side, Men are ad_mitted to practise Physick by the most Unreasonable, and as they are at present manag'd, I may with Im_punity, I hope, venture to say, scandalous Methods; I mean by Licences out of the Ecclesiastical Courts. But that the Hardship of the Physicians Case may be set in the clearest Light, 'twill be neces_sary to enquire into the original End and Design, as well as pre_sent Management of such Ecclesia_stical Licences: I am well enough satisfy'd that their original End and Design was very good and laudable. The Statute of Hen. 8.3. Vid. Pulton's Statutes. very pathetically expresses the Inconve_niencies ensuing by Ignorant Per_sons practising Physick, to the high Displeasure of God, great Infamy to the Faculty, and the grievous Hurt, Damage, and Destruction of his Majesties liege Subjects. For all which Reasons it enacts that the Bishop of each Diocese, or his Vi_car-General, be empower'd to ex_amine all those (except Graduates) who shall practice Physick in that Diocese. But the Wisdom of the same Statute is no less remarkable in obli_ging either of them to call to him such expert Persons in the said Fa_culty, as his Discretion shall think fit. For I hope, I may venture to declare my Opinion thus far, that I cannot but think the Gentlemen of those Courts very unfit Judges of a Man's Capacity to practice Physick. And therefore in 14 and 15 of Hen. 8.5. it is still, I think, more prudentially enacted, That none shall practice in the Country, without a Testimonial of his Suffi_ciency from the President of the College of Physicians, and three of the Electors. I shall not here pretend to determine how far this posterior may be said to abrogate or null the prior Act. But the very End and Design of these Ecclesiastical Licences, viz. Prevention of the Inconveniences ensuing by Ignorant Persons practising Physick, is not only, as they are manag'd at pre_sent, wholly frustrated, but entire_ly perverted: For they are now a_days so far from preventing, that they are the only Means of bringing those Mischiefs and Inconvenien_cies upon us, which the Statute mentions, by admitting such Shoals of unqualified Persons to practice Physick. That the Examination previous to Admission was former_ly strict and severe, is as cer_tain as that now a days Persons are admitted without any manner of Examination at all. Nay, so far is the Practice of these Courts cor_rupted, and the very End and De_sign of these Licences perverted, that they are now a days granted e_ven from a Testimonial of two Li_centiates. Can any thing then be more evidently apparent than the Necessity of regulating these Mat_ters? For tho' (as I before observ'd) the first End and Design of these Licences was undoubtedly Good and Laudable, and tho' they were not Injurious (and I am apt to think they were not originally design'd to be or indeed really were) to the Regular Physicians; yet if the Rea_son of a Law ceases, the Law it self ought to be annull'd. But since the Method of Examina_tion is so very much alter'd; the Original End and Design of these Licences, so manifestly per_verted, and they themselves be_come so vastly Injurious both to the Faculty, and the Regular Pro_fessors of Physick; these very Con_siderations are so many Arguments a fortiori for the Necessity of a Re_gulation. And now I appeal to the sensible Part of Mankind, whe_ther any Profession be so invaded with unqualified Pretenders as Physick; and consequently whe_ther the Physicians have not the greatest Reason in the World to complain. And to whom should they complain, but to the Legisla_ture? For doubtless, it was one of the Ends of Parliamentary In_stitution to receive the Complaints, and redress the Grievances of the Injur'd. Nay, do we not find the Legislature frequently interposing in other Professions to prevent or remove Grievances; but what Re_gard has there been to the most e_normous ones in Physick? Are not our Lives worthy the Care of the Laws, as well as our Souls or Estates?

I shall now endeavour to obviate some Objections which are general_ly made, tho' indeed without any Shadow of Reason, against what I have advanc'd. And it has been objected in the first Place, that such a Regulation would be an Abridg_ment of the Natural Rights and Liberties of Mankind, to follow those Employments whereby they may get a Livelihood. I should be the most unwilling Man in the World to advance any thing which has the least Tendency to such an Abridgment. No, I have the tenderest Regard to their Civil as well as Religious Properties. But this Objection would equally hold a_gainst the Suppression of Gaming and other disorderly Houses, of the Royal Oak, and other such publick Nusances. For if the Good of the Publick ought not to be consider'd and prefer'd to that of private Per_sons, which I take to be an undenia_ble Maxim in all Governments; the Natural Liberties of Mankind may as properly be said to be abridg'd by such a Suppression, as by such a Regulation as I contend for. The same Answer will serve to some other Objections, which are much of the same Nature, and of no greater Force than the former, viz. That the Legislature is under no manner of Obligation to concern it self in Mischiefs which Men vo_luntarily pull upon themselves; That all flourishing Governments will encourage their People some Way or other to employ them_selves; That every Man is sui Juris, and has a Natural Right of making Use of any Body he pleases, and if he be satisfy'd with the Risque he runs, what has any one to say in contradiction to his Humour.

I now proceed to invalidate some Excuses which are frequently made in Extenuation of those Practices which I have been condemning. And a great many People I am apt to believe, will think to clear them_selves from the Imputation of En_couraging Quacks and Empiricks, by saying, That it is only in the Beginning of Diseases they apply to them; That in Cases of Dan_ger, they generally have Recourse to better Advice; and, That this Custom being so very common, does not seem to need any manner of Excuse: But upon a stricter En_quiry into this Matter, the Custom of first sending for an Apothecary or other Quack, will not, I am apt to think, appear the less ridicu_lous, for being so frequent. For, as the Beginning of a Distemper is a very seasonable Opportunity of Assisting Nature, towards the Re_covery of Health, so the Conduct of those People cannot be sufficient_ly condemn'd, who neglect to im_prove that Opportunity, by not then calling in a judicious Assistant. But far more egregious is the Fol_ly of those who then apply them_selves to any of the Empirical Tribe; it being impossible, as has been observ'd, but such Persons must make either insignificant and useless, or dangerous and destru_ctive Applications. And as the Consideration of neglecting the Im_provement of this Opportunity sufficiently condemns the Applica_tion to those who are call'd safe Men; who, as they say themselves, will do no Hurt if they do no Good; so the presumptuous Tamperers, on the other Side, may not only ir_reperably injure the Patient, but so quite change the Face of a Distem_per, as to render it very difficult, if possible, for even a judicious Physi_cian, when call'd in, to discover its Nature. But when a Physici_an has the Care of a Disease from the Beginning, he is able to make right Observations of the Progress and Alteration of its Symptoms; and consequently, not only to form a surer Prognostication of its Event, but more effectually to assist Nature in the Preservation of Life.

Again, there are others who pre_tend to excuse themselves for not ap_plying to the best Advice upon the Account of saving Charges; tho' this Consideration can be of no manner of Force, unless it can be thought an Excuse to have the Chance of be_ing kill'd cheap. But would those very People, who satisfy themselves with the Advice of an Empirical Pre_tender, but use their Arithmetick, they would soon be convinc'd, they acted as much against their Interest as Reason. For by physicking the Symptoms, and neglecting the Cause of a Disease, the Length of the Bill, as well as the Distemper, must be consequently encreas'd. 'Tis not the collusive Pretence of giving Advice without a Fee, which can or ought to be esteem'd an Equivalent.

There are some again who pre_tend to excuse themselves by plead_ing, that those to whom they ap_ply, are Masters of some magni_fied Receipt, or pretended infalli_ble Remedy for this or that Distem_per.

But the Vanity of confiding in such Trifles has been sufficiently ex_pos'd by the plainest Demonstration, That the most celebrated Prepara_tions even of the Philosophers by Fire are not capable of curing Dis_eases, without a Judicious and Me_thodical Application. I shall there_fore only subjoin another Conside_ration, which is an unanswerable Argument of their Insufficiency, viz. That none of these magnified Receipts or infallible Nostrums have ever stood the Test of an Age. Accordingly, our very own Experi_ence is so far from confirming, that it daily contradicts the Pretended Vir_tues which the Alchymical Writers, and the publick Venders of Quack Medicines, with a peremptory As_surance ascribe to them.

'Tis urg'd again, that tho' it must be confess'd, that very easily cu_rable Diseases are often made fatal by Quacks; yet 'tis equally true, that several Persons recover under their Hands. To this I answer, That they recover, 'tis true, when the Patients have more of their na_tural Vigour than the others are able to destroy, and rather to the Strength of Nature is the happy E_vent to be ascrib'd, than to the judgment of the Medicinal Admi_nistrator; such Particular Cases being no more Arguments of their Skill than a blind Man's throwing Stones, and hitting some People in a Crowd is an Argument of the Goodness of his Aim.

Having thus fairly and impar_tially represented the present State of Physick in this Kingdom, plainly indicated the Number of Quacks, with which it is so unhappy as to abound; and fully demonstrated not only the Impossibility of their being serviceable, but the absolute Necessity of their being injurious to it, in the Exercise of the Pro_fession they pretend to: I think no_thing can be more consequentially evident than the Necessity of a Re_gulation in the Practice of Physick. And I am not without Hopes, that some of the above-mention'd Rea_sons, viz. The Good of her Ma_jesty's Subjects in General; The Honour and Advantages of Her Universities in particular; The Life and Reputation of so useful an Art as Physick; or the Particular Hardships, which the Gentlemen of that Faculty have the Misfor_tune to labour under; I am not without Hopes, I say, that some of these Reasons will so far influ_ence our Legislators, as to prevail with them to take the Representa_tion of this Case into their imme_diate Consideration: It is a Case undoubtedly, of the greatest Moment and Importance; for as the Life and Health of every individu_al Subject, so consequently all Ranks and Qualities, all Parties and Distinctions of Men are in the highest Degree, and equally con_cern'd in it. And as the great Im_portance of the Debate makes it not unworthy the Cognizance and En_quiry of our Legislators; so the ve_ry Nature of it seems more particu_larly to recommend it self to their Consideration. For 'tis certainly a great Shame, as well as an Unhap_piness, that in a Kingdom where so many good Laws are in Force, and in which as much Care is taken of the Liberties and Properties of the Subject, as in any Nation upon Earth, the People should lie open and un_guarded in their dearest and most va_luable Enjoyments, Health and Life. There is nothing, therefore, which in my Opinion seems more plainly to demonstrate a Deficiency in our Laws, than the Want of some to Regulate the gross Miscarriages and enormous Abuses in the Practice of Physick. The College of Physicians, 'tis true, is vested with some Mea_sure of Authority; But as their Au_thority is confin'd to certain Limits; so, through Want of an Enlarge_ment of their Charter, it is not at present of that Use as seems corre_spondent to the Design of its Royal Institution: But either by enlarging the Charter to the College of Phy_sicians, or by such Ways and Means as the Wisdom of our Legislature shall better approve of; there seems nothing more feasible than to make a sufficient Provision against these pernicious and destructive Practices. And whenever it shall seem expedient to those who sit at the Helm of our excellent Government, to undertake so useful and necessary a Work; I humbly recommend,

1. That the distinct Spheres of Physicians, Surgeons, and Apothe_caries, be limited and specified; The Surgeons restrain'd to their pro_per Business; the Apothecaries con_fin'd to their Shops; and all illite_rate and Empirical Pretenders in Physick suppress'd. 2. That a Provision be made for the Poor to have their Share in the best Advice and Medicines.

As the Want of such a Regulation in Physick is one of the greatest Flaws in our Constitution; and highly reflects upon the best of Go_vernments, so such a Regulation would undoubtedly tend as much to the Honour of our Nation, as the Preservation of its People; and which not only the present, but all succeeding Generations will have the greatest Reason in the World to ap_plaud.

FINIS. |CSC |Y1720 A SHORT DISCOURSE CONCERNING Pestilential Contagion, AND THE METHODS To be used to Prevent it. &horbar By RICHARD MEAD, M. D. Fellow of the College of Physi_cians and of the Royal Society. &horbar LONDON: Printed for Sam. Buckley in Amen-Corner, and Ralph Smith at the Royal-Exchange, 1720.

TO THE Right Honourable James Craggs, Esq; ONE OF His Majesties principal Secretaries of State. Sir,

I Most humbly of_fer to You my Thoughts concerning the Pre_vention of the Plague, which I have put together by your Command. As soon as you was pleased to sig_nify to me, in his Majestie's Absence; that their Excel_lencies the Lords Justices thought it necessary for the Publick Safety, upon the Account of the Sickness now in France, that proper Directions should be drawn up to defend our selves from such a Calamity; I most readily undertook the Task, though upon short Warning, and with little Leisure: I have therefore ra_ther put down the principal Heads of Caution, than a Set of Directions in Form.

The first, which relate to the performing Qua_rentines, &c. You, who are perfectly versed in the Histo_ry of Europe, will see are agreable to what is pra_ctised in other Countries, with some new Regulations. The next, concerning the suppressing Infection here, are very different from the Methods taken in former Times among Us, and from what they commonly Do A_broad: But, I persuade my self, will be found agre_able to Reason.

I most heartily wish, that the wise Measures, the Go_vernment has already ta_ken, and will continue to take, with Regard to the former of these, may make the Rules about the latter unnecessary: However it is fit, we should be always pro_vided with proper Means of Defence against so ter_rible an Enemy.

May this short Essay be received as one Instance, a_mong many others, of the Care, you always shew for Your Country; and as a Testimony of the great E_steem and Respect, with which I have the Honour to be,

SIR, Your most obedient, Most Humble Servant, R. Mead. Novemb. 25. 1720.

PART I. OF THE NATURE OF CONTAGION.

THAT the Reasonableness of any Method, which shall be proposed to pre_vent the spreading of Con_tagious Diseases, may the better ap_pear, it is necessary to premise some_what in general concerning Contagion, and the Manner, by which it acts.

Contagion is propagated by three Causes, the Air; Diseased Persons; and Goods transported from infected Places.

We shall therefore first enquire what alteration of the Air it is, that makes it infectious; and then, by what Means it communicates its noxious Quality to other Bodies.

The ancientest and best Authors of Physick, who lived in a Coun_try more exposed to these Calami_ties than ours, observed the Con_stitution of the Air, which preceded Pestilential Fevers, to be great Heats attended with much Rain and South_erly Winds Vid. Hippocrat. Epidem. lib. 3.: And one of Them takes particular Notice, that no other than a moist and hot Tempera_ment of the Air brings the Plague; and that the Duration of this Con_stitution is the Measure of the Vio_lence of the Distemper. Galen. de Temperament. lib. 1. Cap. 4. & Comment. in Epid. 1.3.

The Natural History of several Countries confirmes this Observati_on; in Africa particularly, if Show_ers fall during the sultry Heats of July and August, the Plague ensues thereupon, with which whosoever is infected hardly escapes. Vid. J. Leon. Histor. Afric. lib. 1.

It has besides been remarked in all Times, that the Stinks of stag_nating Waters in hot Weather, pu_trid Exhalations from the Earth; and above all, the Corruption of dead Carcasses lying unburied, have occasioned infectious Diseases.

From hence it appears to be a Concurrence of Causes, that pro_duces Diseases of this Kind; which must not only meet, but exert their Force together for a considerable time. And when this happens, their first Effect is a Degree of Stag_nation in the Air, which is after_wards followed by Corruption and Putrefaction.

And upon this account it is, that those Countries are chiefly liable to these Calamities, where not only the Heats are very great, and the Weather continues long in the same State; but the Winds (the Use of which is by Motion to purify the Air) do not shift and change so of_ten as they do in Northern Climates.

Indeed Plagues seem to be of the Growth of the Eastern and Southern Parts of the World, and to be trans_mitted from them into colder Cli_mates by the Way of Commerce. Nor do I think, that in this Island particularly there is any one In_stance of a Pestilential Disease a_mong us of great Consequence; which we did not receive from o_ther infected Places.

This I the rather mention, be_cause it is a common Opinion, and propagated by Authors of great Name, that we are usually visited with the Plague once in 30 or 40 Years; which is a mere Fancy with_out any Foundation either in Rea_son or Experience: and therefore People ought to be delivered from the Subjection to such vain Fears.

On the contrary, though we have several Strokes of this kind, yet there are Instances of bad Contagions from abroad being brought over to us, which have proved less malignant here by our Air not being disposed to receive such Impressions.

The Sweating Sickness, called the Sudor Anglicus and Febris Ephemera Britannica because it was common_ly thought to have taken its Rise here, was most probably of a foreign Orignal, and no other than a Plague abated in its Violence by the mild Temperament of our Climate.

For, we learn from Histories, that the first time this was felt here, which was in the Year 1485, it be_gan in the Army, with which King Henry VII. came from France, and landed in Wales Vid. Caium de Febre Ephemera Britannica.; and it was then thought to have been brought into France from the famous Siege of Rhodes by the Turks 3 or 4 Years before. And of the four Returns, which this has made since that Time; two, viz. those in the Years 1527, and 1528, may very justly be suspected to have been owing to the Pestilence, which at those Times raged in Italy, particularly at Flo_rence and Naples. Vid. Rondinelli Contagio in Firenze, & Summonte Histor. di Napoli. And the others were very probably from a Turkish Infection.

I call this Distemper a Plague with lessened Force, because the Symptoms of it were of that kind, though in a less Degree; as great Faintness and Inquietudes, inward Burning, Pain in the Head, a De_lirium &c. All which were accom_panied with profuse Sweats, and the Disease lasted but 24 hours. And though for want of Care and due Management many died of it; yet as a learned and wise Historian Lord Verulam's History of Henry VII. observes, It appeared rather to be a surprize of Nature than obstinate to Remedies, for if the Patient was kept warm with temperate Cordials, he commonly recovered.

And I cannot but take Notice, as a Confirmation of what I have been advancing, that we had here the same kind of Fever in the Year 1713, about the Month of Sep_tember, which was called the Dun_kirk Fever, as being brought by our Soldiers from that Place; where it was indeed a Malignant Disease attended with a Diarrhœa, Vomit_ing, &c. and probably had its Ori_ginal from the Pestilential Distem_per, which some time before broke out at Dantzick and Hamburgh: But with us was much more mild, beginning only with a Pain in the Head, and by very easy Means went off in large Sweats, after a Day's Confinement.

There being in every Air a greater Disposition to Contagion at one Time than another, we have indeed sometimes felt this Calami_ty with greater Fury; as particular_ly the last time in the Year 1665; when it continued in this City a_bout ten Months, and swept away by computation 97306 Persons: But it was generally allowed, that the Contagion came by Cotton im_ported from Turkey Vide Hodges de Peste.; and the long Duration of it, I believe, may justly be charged up the unhappy Ma_nagement of infected Houses, which was then directed by Publick Au_thority, as I shall shew anon.

And the History of the most ter_rible of all the Plagues, that ever were in these Parts of the World, which was that in the Year 1349, gives a manifest Proof from whence all Europe may trace the Origine of these Evils, viz. from Asia: for Vid. Histor. Fiorent. di Matteo Villani . This taking its Rise in China in the Year 1346, advanced trough the East Indies to Syria, Turkey, �gypt, Greece, Africa, &c. In 1347 some Ships from the Levant carried it to Silicy, Pisa, Genoa, &c. In 1348 it got into Savoy, Provence, Dauphiny, Catalonia, Castile, &c. In 1349 it seized England, Scot_land, Ireland, and Flanders; and in the next place Germany, Hun_gary, and Denmark; and in all these Countries made most incredi_ble Havock.

But to return to the Considerati_on of the Air, which we left in a putrid State: It is to be observed, that Putrefaction is a kind of Fer_mentation, and that all Bodies in a Ferment emit a volatile active Spi_rit, of Power to agitate, and put into intestine Motions, that is, to change the Nature of other Flu_ids into which it insinuates it self.

It were easy to shew from the best Theory of Fevers Vid. Bellini de Febrib., how the Alterations made in the Blood this Way will favour Pestilential Diseases, by rendring the Body obnoxious to them: But the Digression would be too great.

THIS is one step towards Conta_gion. The next, as it seems to me, proceeds after this Manner. The Blood in all Malignant Fevers, es_pecially Pestilential ones, at the lat_ter end of the Disease, does like Fermenting Liquors throw off a great Quantity of active Particles upon the several Glands of the Bo_dy, particularly upon those of the Mouth and Skin, from which the Secretions are naturally the most constant and large. These, in Pe_stilential Cases, although the Air be in a right State, will generally infect those, who are very near to the sick Person; otherwise are soon dispersed and lost: But when in an evil Disposition of This they meet with the subtle Parts, its Corrup_tion has generated, by uniting with them they become much more active and powerful, and likewise more durable and lasting, so as to form an Infectious Matter capable of conveying the Mischief to a great Distance from the diseased Body, out of which it was produced.

They who know what strange Attractions and Combinations are made by volatile Spirits will under_stand this Reasoning; especially if they consider, how easily all kinds of Effluvia are diffused in a warm Air, such as we have described an Infectious one to be; and further, of how penetrating a Force the fi_nest Parts of Animal Juices are; of which the strange Stench of a mor_tified Limb, upon a Body yet liv_ing, will convince any one.

A corrupted State of Air is with_out doubt necessary to give these Contagious Atoms their full Force; for otherwise it were not easy to conceive how the Plague, when once it had seized any Place, should ever cease, but with the Destructi_on of all the Inhabitants: Which is readily accounted for by suppo_sing an Emendation of the Quali_ties of the Air, and the restoring of it to a healthy State capable of dissipating and suppressing the Ma_lignity.

On the other hand it is evident, that Infection is not received from the Air it self, however predisposed, without the Concurrence of some_thing emitted from Infected Per_sons; because, by strictly prevent_ing all Intercourse of Infected Pla_ces with the Neighbourhood, it may be effectually kept from spreading: Whereas the least Wind must ne_cessarily convey whatever noxious Quality resides in the Air alone, even to a great Distance. Of this we have had a fresh Proof in the present unhappy Plague in France, which, by keeping careful Guard, was confined for a considerable Time within the Walls of Mar_seilles; so that none of the adja_cent Villages suffered any thing by it; till at length some Persons finding Means to escape carried the Infection along with them. And we find, they have been able, by the like Care, still to restrain it within moderate Bounds.

This is the Manner by which Infectious Effluvia are generated: The Way, by which a sound Person receives the Injury, I suppose most commonly to be this. These Contagious Particles being drawn in with the Air we breath, they taint in their Passage the Salival Juices, which being swallowed down into the Stomach presently fix their Malignity there; as appears from the Nausea and Vomiting, with which the Distemper often begins its first Attacks. Though I make no Que_stion but the Blood is also more im_mediately affected by hurtful Particles being mixed through Inspiration with it in the Lungs.

THE third Way, by which we mentioned Contagion to be spread, is by Goods transported from infected Places. It has been thought so dif_ficult to explain the Manner of this, that some Authors have ima_gined Infection to be performed by the Means of Insects, the Eggs of which may be conveyed from Place to Place, and make the Disease when they come to be hatched. As this is a supposition grounded upon no manner of Observation, so I think there is no need to have Re_course to it. If, as we have conjectured, the Matter of Contagion be an active Substance, perhaps in the Nature of a Salt, generated chiefly from the Corruption of a Humane Body, it is not hard to conceive how this may be lodged and preserved in soft, porous Bo_dies, which are kept pressed close together.

We all know how long a time Perfumes hold their Scent, if wrapt up in proper Coverings: And it is very remarkable, that the strongest of these, like the Matter we are treating of, are mostly Animal Juices, as Mosch, Civet, &c. and that the Substances found most fit to keep them in, are the very same with those which are most apt to receive and communicate Infection, as, Furrs, Feathers, Silk, Hair, Wool, Cotton, Flax, &c. the great_est Part of which are likewise of the Animal Kind; which Remark alone may serve to lead Us a little into the true Nature of Contagion.

From all that has been said, it appears, I think, very plainly, that the Plague is a real Poison, which being bred in the Eastern or South_ern Parts of the World, maintains it self there by circulating from In_fected Persons to Goods; which is chiefly owing to the Negligence of the People in those Countries, who are stupidly Careless in this Affair: That when the Constitution of the Air happens to favour Infection, it rages there with great Violence; That at that Time more especially diseased Persons give it to one ano_ther, and Contagious Matter is lodg_ed in Goods of a loose and soft Texture, which being packed up, and carried into other Countries, let out, when opened, the imprisoned Seeds of Contagion: And lastly, That the Air cannot diffuse and spread these to any great Di_stance, if Intercourse and Commerce with the Place infected be strictly prevented.

PART II. OF THE METHODS TO PREVENT CONTAGION.

AS it is a satisfaction to know, that the Plague is not a Native of our Coun_try, so this is likewise an Encouragement to the utmost Dili_gence in finding out Means to keep our selves clear from it.

This Caution consists of two Parts: The preventing its being brought into our Island; And, if such a Calamity should happen, The putting a stop to its spreading among us.

The first of these is provided for by the established Method of obliging Ships, that come from Infected Places, to perform Quaren_tine: As to which I think it neces_sary, that the following Rules be observed.

Near to our several Ports, there should be Lazarettos built in con_venient Places, on little Islands if it can so be, for the Reception both of Men and Goods, which arrive from Places suspected of Infection: The keeping Men in Quarentine on board the Ship being not sufficient; the only Use of which is to observe whether any dye among them. For Infection may be pre_served so long in Cloaths, in which it is once lodged, that as much, nay more of it, if Sickness conti_nues in the Ship, may be brought on Shoar at the End than at the be_ginning of the 40 Days: Unless a new Quarentine be begun every time any Person dies; which might not end, but with the Destruction of the whole Ship's Crew.

If there has been any Contagi_ous Distemper in the Ship; The Sound Men should leave their Cloaths; which should be burnt; the Men washed and shaved; and having fresh Cloaths, should stay in the Lazaretto 30 or 40 Days. The reason of this is, because Per_sons may be recovered from a Di_sease themselves, and yet retain Matter of Infection about them a considerable Time; as we fre_quently see the Small-Pox taken from those, who have several Days before passed through the Distem_per.

The Sick, if there be any, should be kept in Houses remote from the Sound; and some time after they are well, should also be washed and shaved, and have fresh Cloaths; whatever they wore while Sick be_ing burnt: And then being remov_ed to the Houses of the Sound, should continue there 30 or 40 days.

I am particularly careful to de_stroy the Cloaths of the Sick, be_cause they Harbour the very Quint_essence of Contagion. A very inge_nious Author Boccaccio Decameron. Giornat. prim. in his admirable Description of the Plague at Flo_rence in the Year 1348, relates what himself saw: That two Hogs finding in the Streets the Rags, which had been thrown out from off a poor Man dead of the Disease, after snuffling upon them, and tear_ing them with their Teeth, fell into Convulsions, and dyed in less than an Hour.

If there has been no Sickness in the Ship, I see no reason why the Men should perform Quarentine. Instead of this they may be washed, and their Cloaths aired in the La_zaretto, as Goods, for one Week.

But the greatest Danger is from such Goods, as are apt to retain In_fection, such as Cotton, Hemp and Flax, Paper or Books, Silk of all sorts, Linen, Wool, Feathers, Hair, and all kinds of Skins. The Lazaretto for these should be at a Di_stance from that for the Men, and they must in convenient Ware_houses be unpackt, and exposed, as much as may be, to the fresh Air for 40 Days.

This may perhaps seem too long; but as we don't know how much Time precisely is necessary to purge the Interstices of Spongy Substances from infectious Matter by fresh Air, the Caution cannot be too great in this Point: Unless there could be a Way found out, without hazard_ing Men's Lives, of trying when Bodies have done emitting the Noxious Fumes; which possibly might be done by putting tender Animals near to them, particularly by setting little Birds upon the ex_posed Goods; because it has been observed in Times of the Plague, that the Country has been forsaken by the Birds; and those kept in Houses have many of them dyed. Diemerbroeck de Peste, L. 1. C. 4. But the Use of this Fancy Expe_rience only must shew; for I am well aware, that all Plagues do not indifferently affect all Kinds of liv_ing Creatures; on the contrary, most are confined to a particular Species of them; like the Disease of the Black Cattle few Years since, which neither proved Infectious to other Brutes, nor to Men.

I take it for granted, that the Goods should be opened, when they are put into the Lazaretto, other_wise their being there will avail nothing. The Misfortune, which happened in the Island of Bermudas about 25 Years since, gives a Proof of this; where, as the Account has been given me by the learned Dr. Halley, a Sack of Cotton, put on Shoar by Stealth, lay above a Month without any Prejudice to the People of the House, where it was hid; but when it came to be distributed among the Inhabitants, it carried such a Contagion along with it, that the living scarce suf_ficed to bury the Dead.

In_deed as it has been frequently experienced, that of all the Goods, which harbour Infection, Cotton in particular is the most dangerous, and Turkey is almost a perpetual Seminary of the Plague; I cannot but think it highly reasonable, that whatever Cotton is imported from that Part of the World, should at all Times be kept in Quarentine; because it may have imbibed Infection at the Time of its packing up, notwithstanding no Mischief has been felt from it by the Ship's Company.

As all reasonable Provisions should be made both for the Sound and Sick, who perform Quarantine; so the strict keeping of it ought to be inforced by the severest Penalties. And if a Ship come from any Place, where the Plague raged, at the Time of the Ship's Departure from it, with more than usual Violence, it will be the securest Method to Burn all the Goods, and even the Ship.

Nor ought this further Caution to be omitted, That when the Con_tagion has ceased in any Place by the approach of Winter, it will not be safe to open a free Trade with It too soon: Because there are In_stances of the Distemper's being stopt by the Winter Cold, and yet the Seeds of it not destroyed, but only kept unactive, till the Warmth of the following Spring has given them new Life and Force. Thus in the great Plague at Genoa near 60 Years ago, which continued part of two Years; the first Sum_mer about 10000 dyed; the Win_ter following hardly any; but the Summer after after no less than 60000. So likewise the last Plague at Lon_don began the Autumn before the Year 1665, and was stopt during the Winter by a hard Frost of near three Month's Continuance; so that there remained no further Ap_pearance of it till the ensuing Spring. Hodges de Peste. Now if Goods brought from such a Place should retain a_ny of the latent Contagion, there will be Danger of their producing the same Mischief in the Place, to which they are brought, as they would have caused in that, from whence they came.

But above all it is necessary, that the Clandestine Importing of Goods be punished with the utmost Ri_gour; from which wicked Practice I should at this Time apprehend more Danger of bringing the Di_sease from France, than by any o_ther Way whatsoever.

These are, I think, the most material Points, to which Regard is to be had in defending ourselves against Contagion from other Coun_tries. The particular Manner of putting these Directions in Execu_tion, as the Visiting of Ships, Re_gulation of Lazaretto's, &c. I leave to proper Officers, who ought sometimes to be assisted herein by able Physicians.

The next Consideration is, What to do in Case, through a Miscarriage in the publick Care, by the Neglect of Officers, or otherwise, such a Calamity should be suffered to be_fall us.

There is no Evil in the World, in which the great Rule of Resist_ing the Beginning, more properly takes Place, than in the present Case; and yet it has unfortunately happened, that the common Steps formerly taken have had a direct Tendency to hinder the putting this Maxim in Practice.

As the Plague always breaks out in some particular Place, it is cer_tain, that the Directions of the Civil Magistrate ought to be such, as to make it as much for the In_terest of Families to discover their Misfortune, as it is, when a House is on Fire, to call in the Assistance of the Neighbourhood: Whereas on the contrary, the Methods taken by the Publick, on such Occasions, have always had the Appearance of a severe Discipline, and even Punish_ment, rather than of a Compassi_onate Care: Which must naturally make the Infected conceal the Dis_ease as long as was possible.

The main Import of the Orders issued out at these Times was, As soon as it was found, that any House was infected, to keep it shut up, with a large red Cross, and Lord have Mercy upon us on the Door; and Watchmen attending Day and Night to prevent any one's going in or out, except Physicians, Surge_ons, Apothecaries, Nurses, Search_ers, &c. allowed by Authority: And this to continue at least a Month after all the Family was dead or recovered. Vid. Directions for the Cure of the Plague, by the College of Physicians; and Orders by the Lord Major and Aldermen of London, published 1665.

It is not easy to conceive a more dismal Scene of Misery, than this; Families seized with a Distemper, which the most of any in the World requires Help and Comfort, lockt up from all their Acquaintance; left it may be to the Treat_ment of an inhumane Nurse (for such are often found at these Times about the Sick;) and Strangers to every thing but the Melancholy sight of the Progress, Death makes among themselves; with small Hopes of Life, and those mixed with Anxiety and Doubt, whether it be not better to Dye, than to survive the Loss of their best Friends, and nearest Relations.

If Fear, Despair, and all De_jection of Spirits dispose the Body to receive Contagion, and give it a great Power, where it is received, as all Physicians agree they do, I don't see how a Disease can be more enforced, than by such a Treatment.

Nothing can justify such Cruel_ty, but the Plea, that it is for the Good of the whole Community, and prevents the spreading of In_fection. But this upon due Consi_deration will be found quite other_wise: For while Contagion is kept nursed up in a House, and conti_nually encreased by the daily Con_quests it makes, it is impossible but the Air should by Degrees become tainted, which by opening Win_dows, &c. will carry the Malig_nity first from House to House; and then from one Street to ano_ther. The shutting up Houses in this Manner is only keeping so ma_ny Seminaries of Contagion, sooner or later to be dispersed abroad: For the waiting a Month, or longer, from the Death of the last Patient will avail no more, than keeping a Bale of infected Goods unpack'd; the Poyson will fly out, whenever the Pandora's Box is opened.

As these Measures were owing to the Ignorance of the true Nature of Contagion, so they did, I firmly believe, contribute very much to the long Continuance of the Plague, every time they have been practis_ed in this City: And no doubt they have had as ill Effects in o_ther Countries.

It is therefore no wonder, that great Complaints were sometimes made here against this unreasona_ble Usage; which, when they pre_vailed so far, as to procure some release for the Sick, were remark_ably followed with an Abatement of the Disease. The Plague in the Year 1636 began with great Vi_olence, but Leave being given by the King's Authority for People to quit their Houses; it was ob_served, That not one in twenty of the well Persons removed fell Sick, nor one in ten of the Sick dyed. Discourse upon the Air, by Tho. Cock. Which single Instance alone, had there been no other, should have been of Weight ever after to deter_mine the Magistracy against too strict Confinements. But besides this, a preceding Plague, viz. in the Year 1625, affords us another In_stance of a very remarkable De_crease upon the discontinuing to shut up Houses. It was indeed so late in the Year, before this was done, that the near Approach of Winter was doubtless one Reason for the Diminution of the Disease, which followed: Yet this was so very great, that it is at least past dispute, that the Liberty then per_mitted was no Impediment to it: For this opening of the Houses was allowed of in the beginning of Sep_tember; and whereas the last Week in August, there dyed no less than 4218, the very next Week the Burials were diminished to 3344, and in no longer time than to the fourth week after, to 852. Vid. The shutting up of Houses soberly debated. Anno, 1665.

Since therefore the Management in former Times neither answers the Purpose of discovering the Be_ginning of the Infection, nor of putting a stop to it when Discovered, other Measures are certainly to be taken; which I think should be of this Nature.

Instead of ignorant old Women, who are generally appointed Search_ers in Parishes to enquire what Dis_eases People dye of, That Office should be committed to Under_standing and Diligent Men, whose Business it should be, as soon as they find any have dyed after an uncommon Manner, particularly with livid Spots, Buboes, or Car_buncles, to give notice thereof to the Magistrates; who should im_mediately send skilful Physicians to Visit the Houses in the Neighbour_hood, especially of the Poorer sort, among whom this Evil generally begins; and if upon their Report it appears, that a Pestilential Di_stemper is broke out among the Inhabitants, They should without Delay order all the Families, in which the Sickness is, to be Re_moved; The Sick to different Pla_ces from the Sound; but the Houses for both should be three or four Miles out of Town; and the Sound People should be stript of all their Cloaths, and washed and shaved, before they go into their new Lodg_ings.

No Manner of Compassion and Care should be wanting to the Dis_eased; to whom, being now in clean and airy Habitations, there would, with due Cautions, be no great Danger in giving Attendance. All Expences should be paid by the Publick, and no Charges ought to be thought great, which are coun_terbalanced with the saving a Nati_on from the greatest of Calamities. Nor does it seem to me at all unreasonable, that a Reward should be given to the Person, that makes the first Discovery of Infection in any Place; since it is undeniable, that the making known the Evil to those, who are provided with proper Methods against it, is the first and main Step towards the o_vercoming it.

When the Sick Families are gone, all the Goods of the Houses, in which they were, should be burnt; nay the Houses themselves, if that can conveniently be done. And after this all possible Care ought still to be taken to remove whatever Causes are found to breed and pro_mote Contagion. In order to this, the Overseers of the Poor (who might be assisted herein by other Officers) should visit the Dwellings of all the meaner sort of the Inha_bitants, and where they find them stifled up too close and nasty, should lessen their Number by send_ing some into better Lodgings, and should take Care, by all Man_ner of Provision and Encourage_ment, to make them more cleanly and sweet.

No good Work carries its own Reward with it so much as this kind of Charity; and therefore be the Expence what it will, it must never be thought unreasonable. For nothing approaches so near to the first Original of Contagion, as Air pent up, loaded with Damps, and corrupted with the Filthiness, that proceeds from Animal Bodies.

Our common Prisons afford us an Instance of this, in which very few escape, what they call the Goal Fever, which is always at_tended with a Degree of Malignity in proportion to the Closeness and Stench of the Place: And it would certainly very well become the Wis_dom of the Government, as well with Regard to the Health of the Town, as in Compassion to the Pri_soners, to take Care, that all Houses of Confinement should be kept as Airy and Clean, as is consistent with the Use, to which they are designed.

The Black Assize at Oxford, held in the Castle there in the Year 1577, will never be forgot Camden. Annal. Regin. Elizab.; at which the Judges, Gentry, and almost all that were present, to the Number of 300, were killed by a poysonous Steam, thought by some to have broke forth from the Earth; but by a noble and great Philosopher Lord Verulam, Natural History, Cent. 10. Num. 914. more justly supposed to have been brought by the Prisoners out of the Goal into Court; it being observed, that they alone were not injured by it.

At the same time, that this Care is taken of Houses, the pro_per Officers should be strictly charg_ed to see that the Streets be washed and kept clean from Filth, Carrion, and all Manner of Nusances; which should be carried away in the Night Time; nor should the Laystalls be suffered to be too near the City. Beggars and Idle Persons should be taken up, and such miserable Ob_jects, as are neither fit for the common Hospitals, nor Work-houses, should be provided for in an Hos_pital of Incurables.

Orders indeed of this kind are necessary to be observed at all times, especially in populous Cities; and therefore I am sorry to take No_tice, that in these of London and Westminster there is no good Po_lice established in these Respects; for want of which the Citizens and Gentry are every Day annoyed more ways than one.

If these early Precautions, we have mentioned, take Effect, there will be no need of any Methods for Correcting the Air, Purifying Houses, or of Rules for preserving particular Persons from Infection: To all which if the Plague get head, so that the Sick are too many to be removed, Regard must be had.

As to the first; Fire has been almost universally recommended for this Purpose, both by the Anci_ents and Moderns; who have ad_vised to make frequent and numerous Fires in the Towns infected: By which Means, it is said, Hip_pocrates preserved Greece from a Plague, which was entring into it from �thiopia. Galen. de Theriac. cap. 16. And it is cer_tain, that some evil Dispositions of the Air, particularly such as pro_ceed from Damps, Exhalations, &c. may be corrected by Fire, and the Predisposition of it to receive Infection from these Causes sometimes removed. But when the Distemper is actually begun, and rages, since it is known to be spread and increased by the Heat of the Summer, and on the con_trary checked by the cold in Win_ter; undoubtedly, whatever increases the Heat will so far add Force to the Disease. Whether the Service Fires may do by correcting any other ill Qualities of the Air will counterbalance the Inconvenience upon this Account, Experience on_ly can determine; and the Fatal sucess of the Tryals made here in the last Plague, is more than sufficient to discourage any further Attempts of this Nature; for Fires being ordered in all the Streets for three Days together, there dyed in one Night following no less than 4000; whereas in any single Week before or after, not much above three times that Number were car_ryed off. Hodges de Peste, pag. 24.

What has been said of Fires, is likewise to be understood of firing of Guns, which some have too rash_ly advised. The proper Correcti_on of the Air would be to make it fresh and cool. Accordingly the Arabians Rhazes de re Medica, lib. 10. c. 16., who were best acquaint_ed with the Nature of Pestilences, advise People to keep themselves as airy as possible, and to chuse Dwellings expose to the Wind.

For keeping Houses cool, they took to be the best Method of purifying them; and therefore to answer this End more fully, they directed to strew them with cooling Herbs, as Roses, Violets, Water_Lillies, &c. and to be washed with Water and Vinegar; than all which, especially the last, nothing more proper can be proposed: Though it be directly contrary to what Mo_dern Authors mostly advise, which is to make Fumes with hot Things, as Benzoin, Frankincense, Asa Fœ_tida, Storax, &c. from which I see no reason to expect any Virtue to destroy the Matter of Infection, or to keep particular Places from a Disposition to receive it; which are the only things here to be aimed at. It is of more Consequence to be observed, that as Nastiness is a great Source of Infection, so Clean_liness is the greatest Preservative: Which is the true Reason, why the Poor are most obnoxious to Dis_asters of this Kind.

The next thing after the purifying of Houses, is to consider by what Means particular Persons may best defend themselves against Contagi_on; for the effectual doing of which it would be necessary to put the Humours of the Body into such a State, as not to be alterable by the Matter of Infection. But since this is no more to be hoped for, than a Specific Preservative from the Small-Pox; the most that can be done, will be to keep the Body in such Order, that it may suffer as little as possible. The first Step to_wards which, is to maintain a good State of Health, in which we are always least liable to suffer by any external Injuries; and not to weaken the Body by Evacuations. The next is, to guard against all Dejecti_on of Spirits, and immoderate Pas_sions; for these we daily observe do expose Persons to the more com_mon Contagion of the Small-Pox. These Ends will be best answered by living with Temperance upon a good generous Diet, and avoiding Fastings, Watchings, extreme Weari_ness, &c. Another Defence is, to use whatever Means are proper to keep the Blood from Inflaming. This, if it does not secure from contracting Infection, will at least make the Effects of it less violent. The most proper Means for this, according to the Advice of the Arabian Physicians, is the repeat_ed Use of acid Fruits, as Pomegra_nates, Sevil Oranges, Lemons, tart Apples, &c. But above all of Wine_Vinegar in small Quantities, ren_dered grateful to the Stomach by the Infusion of some such Ingre_dients as Gentian Root, Galangal, Zedoary, Juniper Berries, &c. Which Medicines by correcting the Vine_gar, and taking off some ill Effects it might otherwise have upon the Stomach, will be of good Use: But these, and all other hot Aro_matic Drugs, though much recom_mended by Authors, if used alone, are most likely to do hurt by over heating the Blood.

But since non of these Methods promise any certain Protection; as leaving the Place infected is the surest Preservative, so the next to it, is to avoid, as much as may be, the near Approach to the Sick, or to such as have but lately Recover_ed. For the greater Security here_in, it will be advisable to avoid all Crouds of People. Nay it should be the Care of the Magistrate to prohibit all unnecessary Assemblies; and likewise to oblige all, who get over the Disease, to Confine them_selves for for some time, before they appear abroad.

The Advice to keep at a Di_stance from the Sick, is also to be understood of the Dead Bodies: which should be burried at as great a Distance from Dwelling Houses, as may be; put deep in the Earth; and covered with the exactest Care. They should likewise be carried out in the Night, while they are yet fresh and free from Putrefaction: Because a Carcass not yet begin_ning to Corrupt, if kept from the Heat of the Day, hardly emits any kind of Steam or Vapour.

As for those, who must of ne_cessity attend the Sick; some fur_ther Directions should be added for their Use. These may be com_prehended in two short Precepts. One is, not to swallow their Spittle while they are about the Sick, but rather to spit it out: The other, not so much as to draw in their Breath, when they are very near them. The reason for both these appears from what has been said above con_cerning the Manner, in which a sound Person receives the Infection.

This is the Sum of what I think most likely to stop the Progress of the Disease in any Place, where it shall have got Admittance. If some few of these Rules refer more par_ticularly to the City of London, with small Alteration they may be applied to any other Place. It remains therefore only to lay down some Directions to hin_der the Distemper's spreading from Town to Town. The best Method for which, where it can be done, is to cast up a Line about the Town infected, at a convenient Distance; and by placing a Guard, to hinder People's passing from it with_out due Regulation, to other Towns: But not absolutely to for_bid any to withdraw themselves, as they have now done in France, ac_cording to the usual Practice abroad; which is an unnecessary Severity, not to call it a Cruelty. I think it will be enough, if all, who desire to pass the Line, be permitted to do it upon Condition they first per_form Quarentine for about 20 Days in Tents, or other more conveni_ent Habitations. But the greatest Care must be taken, that none pass without conforming themselves to this Order, both by keeping di_ligent Watch, and by punishing with the utmost Severity, any that shall either have done so, or at_tempt it. And better to disco_ver such, it will be requisite to o_blige all, who travel in any Part of the Country, under the same Penalties, to carry with them Cer_tificates either of their coming from Places not Infected, or of their pas_sing the Line by permission.

This I take to be a more effectu_al Method to keep the Infection from spreading, than the absolute refusing a Passage to People upon any Terms. For when Men are in such imminent Danger of their Lives, where they are; many, no doubt, if not otherwise allowed to escape, will use Endeavours to do it secretly, let the Hazard be ever so great. And it can hardly be, but some will succeed in their At_tempts; as we see fell out in France notwithstanding all their Care. But one that gets off thus clandestine_ly, will be more likely to carry the Distemper with him, than twenty, nay a hundred, that go away un_der the preceding Restrictions: E_specially because the Infection of the Place, he flies from, will by this Management be rendered much more intense. For confining Peo_ple, and shutting them up together in great Numbers, will make the Distemper rage with augmented Force, even to the increasing it be_yond what can be easily imagin_ed; As appears from the Account, which the learned Gassendus Notitia Ecclesi� Diniensis has given us of a memorable Plague which happened at Digne in Pro_vence, where he lived, in the Year 1619. This was so terrible, that in one Summer out of ten thousand Inhabitants, it left but fifteen hun_dred, and of them all but five or six had gone through the Disease. And he assigns this, as the princi_pal Cause of the great Destruction, That the Citizens were too closely confined, and not suffered so much as to go to their Country Houses. whereas in another Pestilence, which broke out in the same Place a year and half after, more Liberty being allowed, there did not dye above one hundred Persons.

For these Reasons, I think, to allow People with proper Cautions to remove from an infected Place, is the best Means to suppress the Contagion, as well as the most humane Treatment of the present Sufferers: But though Liberty ought to be given to the People, yet no sort of Goods must by any means be suffered to be carried over the Line, which are made of Mate_rials retentive of In_fection. For in the present Case, when Infection has seized any Part of a Country, much greater Care ought to be taken, that no Seeds of the Contagion be conveyed about, than when the Distemper is at a great Distance; because a Bale of Goods, which shall have imbibed the Con_tagious Aura when packt up in Turkey, or any remote Parts; yet, when unpackt here, may chance to meet with so healthful a Tempe_rament of our Air, that it shall not do much hurt. But when the Air of any one of our Towns shall be so corrupted, as to spread and maintain the Pestilence in it, there will be little reason to believe, that the Air of the rest of the Country is in a much better State.

For the same Reason Quaren_tines should more strictly be en_joined, when the Plague is in a bordering Kingdom, than when it is more remote.

I have gone through the chief Branches of Preservation against the Plague. And shall only add, that if the Burning of Goods, which has been proposed, be thought a_ny Way offensive or inconvenient, The Burying of them six Feet, or more under Ground may answer the Purpose as well.

What has been said of the Na_ture of Contagion, upon which the foregoing Directions are grounded, may also be of Use towards e_stablishing a better Method of Cure, than Authors have common_ly taught: But to engage in this is beyond the present Design.

FINIS.

|CSC |Y1730 A DISSERTATION Concerning MISLETOE: A most Wonderful Specifick Remedy for the Cure of Convulsive Distempers. Calculated for the Benefit of the Poor as well as the Rich, and heartily recommended for the Common Good of Mankind. &horbar The Fifth Edition. &horbar To which is added, A SECOND PART, containing farther Remarks and Observations. &horbar By Sir JOHN COLBATCH, late Member of the College of Physicians. &horbar LONDON, Printed for Dan. Browne, at the Black-Swan without Temple-Bar. M.DCC.XXX.

THE PREFACE.

I Have been many Years a Debtor to the World, and since I have not as yet been able to pay off my old Scores to my own Satis_faction, the following Disser_tation comes out by way of Composition: which I hope will be accepted in part of Payment, till the Original Debt can be discharged.

That this comes out alone, is from an Impression that I have had upon my Spirits for some Weeks past, that it would be highly criminal in me to let another Misletoe_Season pass, without inform_ing the World what a Trea_sure God Almighty has eve_ry Year presented to their View; and that nobody, at least very few, have received any Benefit from it.

The Article of Convulsions, in the Bills of Mortality of this Great City, is by much the largest of any, very com_monly amounting to about a fifth Part of the whole; and, as I have been credibly inform'd, happens principal_ly amongst Infant Children: from whence it seems plain, that a Generous Anti-Con_vulsive Remedy is wanting. I have publish'd the Noble Qualities of this Wonderful Medicine, in the most plain and familiar manner, that thereby it may be render'd of more publick Use; and I am not without the great_est Hopes, that People of all Ranks will receive Bene_fit from it.

I hope I shall not be blam'd for the Earnestness of my Recommendation of this Neg_lected, but Extraordinary Plant; because my own Aim in so doing, is to press Peo_ple to the Use of that, which every Family may, one time or other, receive Advantage from.

The Performance is rough and unpolished; but I have chosen rather to suffer Re_proach upon that Account, than let another Season slip, which I am satisfied would be to the Detriment of many.

A DISSERTATION Concerning MISLETOE.

THE Impression of the first Part of the Dissertation concerning Misletoe having been kindly received, and sold off; I have thought fit to add some farther Observations, and like_wise to be more particular in my Di_rections for the Use of this amazing Remedy, some People having com_plained of my being defective in that matter.

Now since I had nothing but the common Good in my View, in the publishing my Observations of the Qualities of this extraordinary Plant, I shall endeavour to make every thing as plain as I am able. And since the Poor are those whom I chiefly aim at serving, what is farther to be added, I have thought fit to do by itself, that those who have the first, may buy this apart.

It has been no small Grief to me to observe, that when a Fever has reigned within the limits of London to a greater degree than ever I have known it; when the Bills of Morta_lity have been at the highest, the Ar_ticle of Convulsions has been double to that of the Fever.

It is not improbable, but that ma_ny of those Convulsions were the Consequences of the Fever. Now, supposing that true, I have sometimes observ'd, that Misletoe being brought in as an Aid, and given in large Quantities, will prevent the Fatality of even those Convulsions.

The far greatest number of Sick, not only in the Country, but even in London itself, are committed to the Care of the most ignorant Pretenders: now even these People would most certainly be glad to recover their Pa_tients, for thereby they would esta_blish a Reputation, and secure a Live_lihood: For the meanest of these In_truders, Misletoe is a proper Remedy; it costs little, will do no hurt, and, as even they are here instructed in the Use of it, will do eminent Good, and gain them Fame. If it fails of Suc_cess, since their Patients are sure not to be Sufferers by it, they can receive little Damage.

I have met with three or four in the compass of this Year that Misletoe has not had the desir'd effect upon; one of which was a young Gentle_man, whose Fits attack'd him only in his Sleep; (he formerly had had them when he was awake.) The Fits that attack People in their Sleep, I have always found most difficult to be o_vercome, as also to be accounted for: however, I am in my own Mind sa_tisfy'd, that by a long-continu'd Use of this Medicine, or by taking it in a different Form from what he did, he is still to be made well.

The reason for this my Opinion is, that the Texture of his Brain and Nerves is not yet so far broken, but that they still seem capable of being repaired.

Another of which was a poor Youth of fifteen, who had had the Distemper from his Cradle; and tho' he had his Medicines for nothing, yet he wanted Clothes to secure him against Cold, and I doubt the common Necessaries at home.

His Fits were frequently stav'd off for whole Moons, which had never been known before; but upon return of cold Weather, for want of being well cloth'd, and other Accidents, the Fits would return again, and so I sup_pose continue to do: the Carelessness of the Parents having discourag'd me from doing any thing more for him.

A third was a young Gentleman, who had only a Fit or two a Month; and in his Fits there was something peculiar; but was not well made in three or four Months: so I left off vi_siting him, there seeming a sort of uneasiness that he was not free from his Fits in that time.

The fourth was a young Woman about twenty-three, whose good Mo_ther had spent her whole Substance in seven Years Attempts to make her well. In the four Months I have had her under my Care, there has been several times an appearance as if she would be made well: but Distress of Mind from her miserable reduced Circumstances, having before liv'd well, has, I believe, eluded the force of the Medicine; tho I am still in hopes to recover her, notwithstanding her Case is most miserable.

But these four Instances, where Suc_cess has been wanting, are nothing in comparison to the great numbers that have been made well.

I have lately come to the know_ledge, that Misletoe will, with very little trouble, yield its Tincture in Spirit of Wine. But, not to arrogate to myself what is not my due, I shall here declare the way how I came to the knowledge of it, which is as fol_lows.

Mr. Small the Surgeon, being in the Shop of Mr. Riddle an Apothecary in Villers-Street, York-Buildings, as they were talking about the wonderful Ef_fects of Misletoe, Mr. Small said, That it was great pity that the Powder was disagreeable to some very nice Stomachs, as indeed I have sometimes found it to be; he therefore desir'd the other to try whether it would not yield a Tincture in highly rectify'd Spirit of Wine, as the Jesuits Bark and Virginian Snake-Root did: If so, he did not see why it might not be more efficacious than the Powder, as the Tinctures of the other two were.

Mr. Riddle immediately set about it, and in a quarter of the time that ei_ther of the others would emit their Tincture, it afforded a rich and noble one: so he immediately brought me a Bottle of it, with which I was highly delighted.

Several of the Chymical Writers have recommended the Spirit of Misle_toe as an excellent Menstruum to ex_tract a Tincture from Red Coral. Now it being usual for too many of those Authors to publish things upon Trust, or the bare Whimsies of their own Brains, I resolv'd to try this Affair myself, and not trust it to any one else.

I filled a glass Retort as full of Misletoe as it would contain, by cram_ming of it in. I then put the Retort into a Sand-Furnace. For twenty_four Hours I made such a Fire as would heat the Sand well, but not make it red-hot: in this time, little or nothing at all came over into the Re_ceiver. It is to be observ'd, that the Misletoe was perfectly well dry'd, so that all its aqueous Humidity was gone. Afterwards I augmented the Fire, so as to make the Sand red-hot; and from about eight Ounces of Misle_toe, I had near two Ounces of acid Spirit, much about the same Strength, and not much differing in Taste from the common Spirit of Vinegar.

What this acid Spirit will do as a Medicine, I have not yet tried; but may do it hereafter. This Spirit I poured upon two Drams of red Coral finely powder'd: it immediately fell to work upon the Coral, as any other acid Spirit of the same Strength would do. I let it stand so for some time, without the Assistance of any external Heat. I afterwards put it into the Sand-Furnace, where I kept it about forty eight hours, in a pretty strong Heat, in a Bolt-head with a very long Neck, that nothing might evaporate. It had in that time dissolv'd a good Part of the Coral, as other acid Spi_rits of the same Strength would do; but extracted nothing out of the Co_ral, that might be called a Tincture.

From the nicest Observations I have been hitherto able to make, the prin_cipal Life and Energy of Misletoe consists in its Resin, as does that of the Peruvian Bark, and Virginian Snake_Root; and therefore by the means of highly rectify'd Spirit of Wine, a Tincture may be extracted from it, that contains all, or the greatest part of its Virtues.

I am sure that the Tincture of the Peruvian Bark, from many Years Ex_perience, will cure an inveterate Quartan Ague, better and more effectually than the Powder will do. Now when the Tincture is extracted from the Bark, what remains is no better than Saw-Dust, which can never be di_gested by a human Stomach, and may lodge there, and in the Plic� of the Guts, and do much mischief: But with the Powder of Misletoe it is not so, it being of a more lax and muci_laginous nature, and therefore can lodge no where to do hurt.

But it's not improbable that that Mucilage which is in the Powder, and hinders it from doing hurt, may so invelope the resinous Part of it, as sometimes to hinder its doing that Good, which it will do alone, when dissolved in Spirit of Wine.

Observe, that Spirit of Wine high_ly rectify'd, will no more touch the mucilaginous Part of the Misletoe, than it will the Saw-dust Part of the Peruvian Bark.

I am now fully convinced, that Misletoe is almost, if not altogether, as certain a Specifick in the Cure of Epilepsies, and other convulsive Dis_tempers, as the Bark is in curing Inter_mitting Fevers; and so, thanks to Pro_vidence, we have another Specifick.

In old and obstinate Quartan A_gues, the Bark will not overcome them without Difficulty, and Length of Time; and sometimes not at all, with_out the Assistance of the Salt of Steel, and some other Helps: and after all, upon any Irregularity, or taking Cold, the Ague will return with as great Violence as ever.

So it is in old inveterate Epilep_sies, and other convulsive Distempers, Misletoe alone will not sometimes take place, but wants the Assistance of Assa-fœtida, and sometimes of other things; which things, by themselves, would prove of no effect at all. Up_on Accidents, or Cold-taking, the Distemper will be apt to return; as it is with obstinate Quartans.

If it sometimes happen to fail in the curing of old inveterate Epilep_sies; that may proceed from the Tex_ture of the Brain and Nerves being so broken and destroy'd, as never to be able to admit of being repaired: This is no Argument against the Me_dicine's being a Specifick for the Cure of the Distemper in general, as it most certainly is, and will even do good to the Incurable.

But in recent Epilepsies, and even in the St. Vitis's Dance itself, it will, as far as I have seen, as certainly cure, as the Bark will a Quartan Ague; and is therefore by much the greater Reme_dy, by how much the one Disease is greater and more formidable than the other. But as it is so, a much greater Space of time is necessarily required for the extirpating of it, than of the other.

In Consumptive Cases, proceeding from a Decay of the Lungs, or any of the Noble Parts, it's very common to see, during the time that Matter is forming, a regular Paroxism of a Fe_ver, so exactly resembling that of a common Ague, that no one thing can be more like another; beginning first with a cold shivering Rigour, after that with a hot burning Fit, and when that is gone off, with profuse Sweats.

The Bark will rarely fail to stave off these Fits for a time, but would never, that I could yet observe, prevent their Return; and when they have return'd, it has been with greater Violence, and I fear with worse Consequence to the Patient, than if it had never been given. I am inclin'd to think I can assign a Reason for it; but that does not belong to this Place.

It very commonly happens, that E_pilepsies, and other Convulsive Dis_orders, are not original Diseases, but Symptoms and Consequences of some other Distemper or Accident.

As for instance, Worms corroding the most sensible Membranes of the Guts, impassable Stones in the Ure_ters, wounded Nerves and Tendons, &c.

Misletoe will frequently relieve People under all these Circumstances, but will not cure them: But that may be said of this, which cannot be said of the Bark, That if it does not cure them, it will do no hurt. By the means of it, both Physicians and Sur_geons may gain time, which is a thing of the greatest consequence: (Qui dat Tempus, dat Vitam.) By which means the greatest Diseases, and most terrible Accidents, may some_times be overcome.

I shall here give an Account of a Couple of Cases which have fallen in my way, since the publishing of the First Part of this Dissertation, and very extraordinary ones they are.

About the middle of December, a very worthy Man in the City brought his Son to me, an only Child, of about eight Years of Age. About a Year and a half before, he had the Confluent Small-pox: Soon after the Small-Pox was over, he was at_tacked with Epileptick Fits. The Father immediately had recourse to a Physician of Eminence; he not succeeding, he applied to another, and so to a third: but whatever was done, had no effect, for he every day grew worse and worse; so that at last his Parents determined to give him no more Medicines, despairing of a Cure. Notwithstanding which, upon the Father's reading the Disser_tation upon Misletoe, he alter'd his Mind, and immediately brought the Child to me.

It was as melancholy a Spectacle as could be beheld. From being a Child of lively Temper, and quick Under_standing, he was become stupid. When he had no Fit upon him, his Muscles were always in motion. If he were sitting, he would dart himself out of his Chair, like an Arrow out of a Bow, hitting his Head against the Wall, or any thing else that was before him; so that they were forced to have one always with him, for fear he should dash out his Brains, or dart himself into the Fire, and destroy himself that way.

I prescrib'd for him as follows:

"Take of the Powder of Misletoe, dried in the manner before directed, an Ounce; Assa-Fœtida, a Dram; Syrup of Pioneys, a sufficient Quan_tity to make an Electuary."

Of this I ordered him to take the Quantity of a Nutmeg, first in the Morning, at five in the Afternoon, and last at Night; and to drink after each Dose a Draught of the following Infusion.

"Take of the whole Plant, Leaves, Berries, small Twigs and large ones, grossly bruis'd in a Mortar, four Ounces; of the Flowers of red Pio_neys, one Handful; boiling Water, a full Quart: Infuse in a Pot close stopt by the Fire-side, for two Hours; then strain out, and sweeten with two Ounces of Syrup of Pioneys."

For a Month, or something more, he found little or no Benefit; nay, sometimes the Fits would be more frequent and violent than they had been before: However this did not discourage the honest Parents, but on they proceeded, and had their Wishes and Expectations effectually answer'd. When he began to mend, he sensibly grew better every day, and by the end of March was perfectly recover'd, as brisk in his Temper, and as quick in his Understanding, as any Child, I think, I ever saw in my Life.

For Security-sake, I desired that he might take the Medicines Night and Morning for two or three Months longer, which was readily comply'd with; and he has never had a Fit since.

Misletoe generally keeps the Body open; but when it does not do it, it is necessary, once in three or four Days, to give some very gentle leni_tive Medicine; but never any strong Purge, which always does Mischief in Epileptical Cases.

It always kept this Child regularly open, so he had never any thing given him, from beginning to end, but what is here mentioned.

I own, that when I first saw this Child, I did apprehend his Case to be so very desperate, that I did not think it possible for him ever to be made perfectly well: but, thro' God's Mercy, I was deceived.

On the twenty seventh Day of De_cember, I was sent for to a most beau_tiful young Lady of about eleven Years of Age, whose Circumstances were most deplorable. She had the St. Vitis's Dance in as extreme a manner, as, perhaps ever any one had: I had never seen any thing before like it.

Her Understanding was greatly im_pair'd; such a Faultring in her Speech, that she could scarce speak a Word so as to be understood. All the Mus_cles of her Body were continually convulsed, both in Bed and up. She could neither stand, nor use her Hands so much as to feed herself. For three or four Nights in the Week she would never sleep at all, but pass the whole Nights in the most hideous Shrieks and Lamentations.

She was attack'd about three Years before with slight Epileptical Fits; upon which her tender Mother sent for as able and honest a Physician as any of the Faculty. I am sure he treated her with the utmost Compas_sion and Care; however all his At_tempts proved ineffectual, for want of being thorowly acquainted with this glorious Specifick. The Disease got ground of him, till it arrived to the Height before-mention'd, in spight of all he could do.

When I was called in, I earnestly press'd that the former Physician might be continu'd, but that was refus'd: so I went on in the following manner.

I shall recite the whole in English, that the meanest Capacity may comprehend it.

It is to be observed in this young Lady, that in less than a Week there were manifest Signs of her growing better.

December 27. 1718. I order'd as follows:

"Powder of Misletoe, a Scruple; Syrup of Pioneys a sufficient Quan_tity to make a Bolus, to be taken every six Hours; drinking after each, six or seven Spoonfuls of the following Infusion.

The whole Misletoe, bruised as is before directed, three Ounces; Pioney-Flowers, half an Handful; Boiling-Water, twenty Ounces: In_fuse in a Pot close stopt, by the Fire-side, for an Hour; then strain out. To the strain'd Liquor add Compound Pioney-Water, and Sy_rup of Pioneys, of each an Ounce."

Twenty-ninth, I order'd the follow_ing the Purge; and as soon as that had done working, to proceed in the Use of the Bolus, and Infusion. And for an Aid, to give her the most speedy Relief possible under her miserable Circum_stances, I directed Plasters for her Feet, which I have frequently known to be of great use in Disorders of the Head and Nerves.

The Purging Infusion.

"Take of the Decoctum Senn� Gereonis, two Ounces; Manna, half an Ounce; Compound Pioney-Water, two Drams: mix and make a Potion, to be given early in the Morning.

Strain'd Galbanum, three Drams; Powder of Nutmeg, one Dram: mix them together, and spread upon Leather, to be applied to the Soles of the Feet."

December the last, I order'd the Purging Potion to be repeated, and that she should go on with the Bolus and Infusion: The Distress in the Night continued, but the Convulsions in her Nerves abated; so I order'd, that during the Time of those Pa_roxisms, she should frequently take a Spoonful of the following Mixture; and that a Plaster of strain'd Galbanum should be applied to her Navel; and that the Plasters to her Feet should be renewed.

"Assa-fœtida, two Scruples; Rue and Pennyroyal Water, of each four Ounces; Compound Pioney-Water, an Ounce; Compound Spirit of La_vender, a Dram; fine Sugar, half an Ounce: mix them well together in a Mortar."

January the third, she was much better every way; I then order'd "three Grains of Assa-fœtida, and one Drop of Oil of Rosemary to be added to each Bolus."

In this Method she continued to the end of January, sensibly mending every Day; I then order'd that she should take the Bolus and Infusion but three times a Day, which she continued to do till the end of February.

By that time she was as well as ever she was in her whole Life; she could walk and speak perfectly well; she could not only feed herself, but sew for her Diversion.

For Security-sake, I order'd the continuance of the Bolus and Infu_sion, Night and Morning, till the End of April, which was readily com_plied with.

She continues perfectly well, with_out the least Appearance, that ever she had so long labour'd under such a terrible Illness.

I was in March last called to a Gen_tleman, who was in as distressed a Condition as a human Creature could possibly be, labouring under a Compli_cation of Distempers, one of which was a Convulsive Asthma; which was so grievous to him, that he told me he had not been able to keep his Bed for a whole Night together, of three Months; and sometimes for several Nights together, not to be able to lie down in his Bed at all, but to sit up with Windows open upon him.

I shall not trouble you with his o_ther Circumstances, which were very grievous (from all which he is very well got over) but only give an ac_count what Misletoe did in the Cure of his Asthma.

I order'd him to drink a large Draught of the following Emulsion every Night before he went to Bed, and at times to drink the whole Bot_tle before he rose, if Sleep did not prevent it.

Helmont, I remember, calls the convulsive Asthma Caducus Pulmonum, which coming into my Mind, occa_sion'd my giving him this Medicine.

"I order'd four Ounces of bruis'd Misletoe to be infus'd in a Quart of boiling Water for an Hour, then to be strain'd out; when per_fectly cold, to add half a Pint of Lisbon White-wine: afterwards, with two Ounces of blanch'd Almonds to make an Emulsion, and to be sweet_ned with a sufficient quantity of fine Sugar."

To the best of my remembrance he never had one Fit of the Asthma afterwards.

But observe what a quantity of Misletoe he took every Night, even as much as could be got out of four Ounces by Infusion in Water.

Tho' I have observ'd before, that now it evidently appears to me, that the most active Part of the Misletoe consists in its Resin, which is only to be extracted with Spirit of Wine; yet it not being so rugged a harsh Body as the Bark is, the Resin being inve_lop'd in a slimy Mucilage, it will, by being infus'd in Water, part with some proportion of its Resin, which the Bark will not; and, for ought I know, its Mucilage may be of great Use in many Cases, especially in young Children, to obtund the A_crimony of the Bile, which is apt to gripe them, and so the Powder may be better for them, than given any other way: But this must be left to Time and further Experience.

What I have hitherto done, till very lately, has been by the means of the Powder and Infusion, and great things they are. If by the use of the Tincture I shall be enabled to make a farther Progress, the World may expect to be inform'd of it in due time. It's but a few Weeks that I have been Master of the Tincture, but I already see that great things may be expected from it.

What I have observ'd, as to the Quantities the Gentleman before_mention'd took every Night, brings to my Mind what I often thought of; which is, that I believe many noble Medicines are laid aside as useless, for want of having been given in due Quantities.

In recent Epilepsies, and ordina_ry Convulsions, which are Diseases that were formerly wont to give me great Uneasiness, especially the Epi_leptical ones; being conscious to my_self, from the most careful Observa_tion, that there was little Prospect of getting the Mastery of them: I now look upon them as little more formidable than a Quartan Ague; tho' in their outward Appearance and real Nature much more terrible.

The Cases just now recited are suf_ficient to demonstrate to the World, that common Misletoe is a great Me_dicine, and highly to be esteem'd. As for Misletoe of the Oak, I have never yet seen any.

Those of the Antients, that were Men of Virtue and Compassion, whenever they had any thing to com_municate to the World that might be of publick Advantage, always did it in the known and common Lan_guage: And as I design this for the common Good, were I able to write Latin in as elegant a Stile as Cicero did, that should not induce me to send it abroad in any other way, than in the homely manner in which it is done.

I have turned over many Books, since I published the first Part of this Dissertation, to see whether I could pro_cure any farther light into the natural History of this wonderful Plant, but at present see no cause to retract what I have there advanced, nor indeed to add any thing, or very little.

Johannes Bauhinus has treated more copiously of it, than any of the Mo_derns I have read. Scaliger, in his way, has treated it very subtlely, but I think advances nothing but Para_doxes. To be short, there is no one that takes notice of it, except Car_dan, but thinks there is something ve_ry extraordinary in it; yet the Druids alone, tho' they did not explain them_selves, seem to be the only Persons who understood its real Worth.

In other Trees that are propagated, either by Grafting or Inoculating, the Grafts or Buds seem to become of the very same Substance with the Stock into which they are inserted. But with Misletoe it's quite otherwise, as appears plainly to the naked Eye; which I can shew to any one.

I have it from Dr. Willis, that it was the earnest Wish of the great Crato, That a Specifick for the Cure of the Epilepsy might be discover'd before he died.

I do verily and indeed think, from the Tryals I have made in a Multi_tude of Cases, besides those publish'd, that Misletoe is in reality a Specifick for the Cure of Epilepsies and con_vulsive Diseases.

Why it should be so, I can as easily account for, from the Hypothesis of Dr. Willis, as from that of Marcus Marci.

Whilst I was writing this, I was cal_led to a Gentleman in a Fever, that they said was dying, and indeed he appear'd so to be; he had a trembling Pulse, clammy cold Sweats, with a Convulsion of the Tendons, and a Faultring in his Speech, that he was scarce able to express himself so as to be understood. I gave him the Misle_toe in Powder, mix'd with Cochineal and the Tincture in a Julep, both in large quantities. This was late at Night, and next Morning he was re_cover'd to my Amazement. I verily believe the Patient would have died that Night, had it not been for the Misletoe; not to disparage Cochineal, which is a Medicine highly to be va_lued, and beyond all others that I ever saw, in Fevers of all sorts. But of this perhaps another time.

I desire, for the future, that the Bark of the large Stalks may be dry'd and powder'd with the Leaves, Berries, and small Twigs, as being equal to, if not superior in Virtue to either of them; but all together are best.

What there is particular in the Woody Part, I cannot at present tell; but have hitherto order'd it to be bruised promiscuously with the rest for Infusions.

I have not yet dared to rob the Misletoe of but few of its Berries; but from some Observations I have made of them, I am inclin'd to think, that they are the greatest Restorers of decay'd Nature, swallow'd whole as they are, either green or dry, and a Draught of generous Wine to be drank after them; ten or a dozen every Night at going to Bed.

The greatest Article of Convulsions in the Bills of Mortality, I take to be of Infant Children: The way of giv_ing them the Misletoe, is as follows; and most prodigious things I have seen done by it.

"Take of the Powder of Misletoe, as before directed, two Drams; Rue and Penny-royal Water, of each, two Ounces; Syrup of Pioneys, half an Ounce: Mix them together, and give half a Spoonful, as oft as you can get them to take it."

If they cannot be got to take it that way, mix a little of the Powder with some Panada.

If they are exceedingly griped and loose, apply also the following Plai_ster to their Bellies:

"Venice-Treacle, and Oil of Nut_megs by Expression, of each two Drams: mix them together, and spread upon soft Leather."

If the Looseness continues, give the following Glister:

"Diascordium made with Diaco_dium instead of Honey, a Dram; Powder of Misletoe, half a Dram; Penny-royal Water, three or four Ounces; mix, and make a Glister, which give warm."

If they are bound, which they rarely are when they are convuls'd, give them a little Manna in some of the Misletoe Julep, and if that don't open them, the following Glister:

"Manna, two Drams; Misletoe_Powder, half a Dram; Penny-royal Water, three Ounces; Oil of Ca_momile, two Drams: mix and make a Glister."

To Children of about ten Years of Age may be given half a Dram of the Powder, with three Grains of Assa_Fœtida, three times a Day, and a Draught of the Infusion afterwards.

Men and Women may take a Dram of the Powder, with five or six Grains of Assa-Fœtida, three or four times a day, according to the Urgency of the Case; drinking a large Draught of Infusion afterwards, and may drink a Draught of the Infusion betwixt whiles: Now the stronger the Infu_sion is made, the better; so that it be not made so strong as to nauseate the Stomach.

Having for a great many Years seen the most convincing Proofs of the wonderful Effects of the Misletoe itself, being only gather'd in a proper time, and carefully dry'd and powder'd; it never enter'd into my Head to make any Tryals about extracting a Tincture from it, tho' I had long ago been con_vinced that its chief Excellence con_sisted in its Birdlime, which is a most wonderful, tractable, soft Resin, and I knew dissolvable in Spirit of Wine: nay, I have given the Birdlime alone, join'd with some proper Pow_der to make it into Pills, in a deplo_rable Case, with Success.

But since the Tincture has been pre_par'd, which is but a few Weeks since, I have reason to believe, from some Observations that I have already made, that in particular extraordinary Cases, join'd with a small Proportion of Tincture of Assa-Fœtida, that it will take place in a shorter time than the Powder will do; but I shall not give an Account of the Method how to extract the Tincture, till I have had a larger Experience of it.

However, both it, and the Misletoe gather'd in due time, and carefully dry'd and powder'd, may be had at Mr. Shorthose's, an Apothecary, over against the Hungerford-Market, in the Strand, and at Mr. Riddle's, an Apothecary in Villars-street, York-Buildings.

About the beginning of the last October I was sent for to a Child of about eight Years of Age, who had the St. Vitis's Dance.

She neither could stand nor sit; her Hands were in continual Motion, that she could not feed herself, nor hold any thing in them; her Head was continually thrown from side to side, or backwards or forwards; and her Speech entirely lost.

This was a recent Case, of not a_bove a Month's standing, and by the beginning of this present November she was made perfectly well.

To prevent Mistakes, I shall here a_gain give an Account how People may furnish themselves with Powder of Misletoe for the whole Year in Per_fection.

Take of the Leaves, Berries, ten_der Twigs, and the Bark of the large Branches, gather'd at the latter end of December. Let them be dried over a Baker's Oven, which is a mild, con_stant and gentle Heat. When it is perfectly dried, let it be put into a Glass Jar, which must be cover'd with Leather, or stopt with a Cork, and kept in a warm and dry Place, that it may not grow mouldy.

Observe, that its being scorch'd in drying, or growing mouldy after it has been carefully dried, renders it of no value.

The Stalks that are preserv'd for In_fusion, must, after they are dried, be carefully kept in a warm and dry Place.

Since this is come out in due time, I hope, for the future, that I shall find every Apothecary's Shop furnish'd with Misletoe, gather'd at the proper Season, and dry'd and powder'd accord_ing to Direction.

However, if what I have said be disregarded, and it prove otherwise, I have before given an account where People may furnish themselves with it.

I had it in my thoughts to have publish'd at this time, my Observa_tions upon the noble Qualities of some other simple Remedies, viz. Cochineal, Virginian Snake-Root, and the very common Herb Prunella; but want of Leisure has prevented it.

POSTSCRIPT.

SINCE the first Publication of the foregoing Dissertation, I have had Presents from two Persons of a small Quantity of true Misletoe of the Oak. By the best Observation I can make, I don't ap_prehend that it deserves in any Re_spect to be preferr'd before the Misle_toe that grows upon other Trees.

I could have greatly swell'd the Number of Observations, but thought it altogether needless.

FINIS.

|CSC |Y1649 THE DESCRIPTION AND USE OF THE Terrestrial Globe. &horbar By John Gregorie, Master of Arts of Christ-Church in Oxon. &horbar &horbar LONDON, Printed by William Du-gard, for Laurence Sadler, and are to bee sold at the Golden-Lion, in Little-Britain. 1649. The Description and Use of the Terrestrial Globe.

THe Terrestrial or Earthlie Globe is an ar_tificial Respresentation of the Earth and Water under that form and figure of Roundness which they are supposed to have, describing the Situation, and measuring the Compass of the Whole Frame, and describing the Situation and measuring the Distances of all the Parts.

This Description is either of the Earth and Water both together, and it is don by Circles; or of the Water consi_dered by it self; and is not so much a Description of that, as of the Mariner's cours upon it, or to shew The Waie of a Ship upon the Sea. And this is don by lines called Rumbes, which are not all Circles, but otherwise drawn according to the Point of the Compass, at which the Mariner set's forth. But of the Compass and these lines in the second Place; and first of the Description of the Whole Frame by Circles. Now look what Circles were imagined upon the Earth, the same are expressed upon, or framed with_out the Globe; and they are the Greater, or the Less. The Great Circles without the Globe are two; the Meridian and the Horizon: the one of Brass, the other of Wood. Circles indeed they are not so properly called; for, in the rigorous sens, no Line is supposed to have anie breadth, as both these have: But that was for the more convenience; for somthing more then ordinarie was to bee written upon them. And more_over they could not have been so disposed of, as they are, without the Globe, if they had not been exact Lines. But Use will have it so, and wee must call them the Meridian and Horizontal Circles.

Of the Meridian without the Globe.

THe Brass Meridian is divided into 4 equal Parts or Quadrants, and each of them subdivided into 90 De_grees, that is 360 for the whole Circle. The reason why this Circle is not divided into 360 Degrees throughout, but still stopping at the 90&thsup;, and then again begining 10, 20, 30, &c. is, becaus the Uses of this Meridian, so far as in Degrees they are concern'd, require not above that Number. As for an Example: One use of the Meridian is to shew the Elevation of the Pole, but the Pole cannot bee elevated above 90 Degrees. Another is to shew the Lati_tude or Distance of a Place from the Equator, which also can never exceed the 4&thsup; part of the Circle; for no Place can bee further distant from the Equator then the Pole, which is just that Number of 90 Degrees.

Upon one of the North Quadrants of this Meridian, of som Great Globes, the Climes are set to the several Degrees of Latitude; and the Length of the longest Daie under the several Climes: which (if the Geographers would think so) might very fitly bee placed on the Lesser Globe's: for it were but dividing a Quadrant of the wrong side of the Meridian into 90 Degrees, and there would be room enough. In som other Globes the Climes are cast into a Table, and pi_ctured upon som void space of the Globe. But the Division upon a Quadrant of the Meridian, is much more artificial, as hereafter shall bee understood. And the reason why a North Quadrant onely need to bee divided, is, becaus for the Climes of the Southern Latitude the season is the same. And the reason why the Division is made upon a North Quadrant rather then the South, is, becaus our Globes are fitted for our Selvs, and all our share of the Earth lieth in the North Latitude.

Of the Axel and Poles of the Globe and of the Hour Circle.

FRom the North and South Ends of this Meridian a strong Wyer of Brass or Iron is drawn, or supposed to bee drawn (for the Artificers do not alwaies draw it quite through) by the Center of the Globe representing the Axel of the Earth. The North End whereof standeth for the North, the South End for the South Pole of the Earth. Upon the North End, a small Circle of Brass is set, and divided into two equal parts, and each of them into twelv, that is, twentie four in all. This Circle is the onelie one above the Globe, which is not imagined upon the Earth, but is there placed to shew the hour of the daie and night, in anie place where the Daie and night exceed not 24 hours: there_fore it is called Cyclus Horarius. The Hour Circle, for which purpose it hath a little Brass pin turning about upon the Pole, and pointing to the several hours, which therefore is called the Index Horarius.

The small Circle is framed upon this ground, that in the Diurnal Motion of the Heaven 15 Degrees of the Equino_ctial rise up in the space of everie one hour, that is 360 De_grees, or the whole Circle in the space of 24. So that the Cyclus Horarius is to bee framed to that Compass, as that everie 24&thsup; part of it, or one hour is to bear proportion to 15 Degrees of the Equator below it. And so in turning the Globe about, one may perceiv, that while the Pin is moved from anie one hour to another, just 15 Degrees of the Equi_noctial will rise up above the Horizon upon one side, and as manie more go down below it on the other side. But this Circle is not much for the Geographer's use.

Of the Horizon.

THe other Great Circle without the Globe is the Horizon; upon which (yet not as due to this Circle more then anie other, but becaus there is more room) the Geographers set down the 12. Signs with their Names and Characters.

And becaus everie Sign of the Zodiack containeth 30 De_grees, which is 360 for the whole Circle, the Horizon is divided into 360 Degrees indeed as it ought, but not from 10, 20, 30, 40, so throughout, but by Thirties, that is, 10, 20, 30. and 10, 20, 30, and so along to make the division conform to the 12 Signs, to each of which, as I said, is allotted the Number of 30 Degrees. And the reason of that is in reference to the Suns Annual Motion, in the Cours whereof hee dispatcheth everie daie one degree under or over. So that hee passeth through each of the Signs in, or in much about the space of 30 Daies. So that, though som of the 12 Moneths, answering to the 12 Signs, consist of one Daie more then thirtie, and one of 2 Daies less, yet take them one with another, and the Daies of everie Moneth correspond to the several Degrees of everie Sign, or without anie considerable difference. And after that rate, or much about it, they are placed upon the Horizon, to shew in what Degree, of what Sign the Sun is everie daie of the year. And to this purpose there is set down upon the same Horizon a Calendar, and that of three sorts in som Globes: Of two in the most, the one whereof is called the Julian, or Old, the other the Gregorian, or New Accompt, reckon_ing this latter 10 daies before the former, and the third sort, where it is found, thirteen. Now though it bee true that the greatest part of that which is written upon the Horizon, more nearly concerneth the Celestial then the Terrestrial Globe; yet it is not altogether unuseful here: and especi_ally it will bee nothing out of the Geographer's way to take along with him the ground of Difference in the 3, princi_pally in the 2 sorts of Calendars.

The Reason of the Difference in Computation be_twixt the Old and New Accompts.

A Year is that space of time in which the Sun goeth through the whole Circle of the Zodiack, as from the Tropick of Cancer, to the Tropick of Capricorn, and so to the Tropick of Cancer again, or from the Equinoctial to the Equinoctial, or from anie other Point of the Zodiack to the same again. Now, becaus of the unequal Motion of the Sun (depending upon reasons deeply engaged in the Theo_rical Part of the Spheer, and therefore here to bee taken up_on trust) it ever was, and yet is, a very hard matter to de_termine exactly in what space of time this Revolution of the Sun in the Zodiack is made; insomuch that one said, that the Year consisted of so manie daies, and how much more or less no bodie knoweth. Censori_nus de Die Natali.

This uncertaintie brought so much confusion upon the Old Romane Calendars, that Time with them was grown a Commoditie, and bought and sold at a price. Their Priests, who had to do with this Affair, having in their power to make anie year longer or shorter at their pleasure; which the Emperor Julius C�sar looking upon as a mat_ter no waie below his greatest consideration, advised with som Egyptian Mathematicians about it, by whose Instru_ctions hee found that the Sun's yearlie Motion in the Zodi_ack, was performed in the space of 365 daies, and one 4&thsup; part of a daie, or 6 hours.

The 6 odd hours hee caussed to bee reserved in store till everie fourth year, that is, till they made 24 hours, or one whole daie; so accounting, that the 3 first years should consist of 365 daies, and the fourth of 366, one daie more; and everie fourth year was therefore (as still it is) called the Leap Year, and the thing it self Intercalation, or putting in betwixt the Calendar.

'Twas verie much that the Emperor did, and hee left as much to do; for though it cannot yet bee found out exactly in what space of time the Sun goeth his yearlie cours, yet thus much is made good by infallible experience that the Emperor's Mathematicians allotted too much for the Number of daies: they were in the right, for it is certain no year can consist of more then 365, but for the odd hours it is as certain that they cannot bee fewer then five, nor so manie as 6; so that the doubt is upon the Minutes, 60 whereof go to the making up of an Hour; a small matter one would think, and yet how great in the recess and con_sequence wee shall see.

Julius C�sar allotted 365 daies and 6 hours to this Revo_lution, but the Sun goeth about in less time, that is, (ac_cording to the most exact Accompt) in 365 daies, 5 hours, 49 Minutes, and a little more; so that the Emperor's year is much about 10 Minutes greater then the Sun's, which must of necessitie breed a difference of so manie Minutes everie year, betwixt the Year, which the Sun it self de_scribe's in the Zodiack; and That, which is reckoned upon in the Calendar, which though for a year or two may pass in_sensibly, yet in the space of 134 years it will rise to an whole daie, that is the Begining of the year in the Calen_dar must bee set one daie back. As for Example: Let the year begin at the Vernal Equinox or Spring: In the Empe_ror's time that fell out to bee at the 24&thsup; of March, but now this year it fell out upon the 10&thsup; of March, 13 daies back_wards, and somwhat more, and so if it bee let alone will go back to the 1 of March, and 1 of Februarie, till Easter com to bee on Christmas Daie, and so infinitely.

To reform this difference in the Accompt, som of the later Romane Bishops earnestly endeavoured. And the thing was brought to that perfection it now standeth in (so much as it is) by Gregorie the 13&thsup;, in the Year 1582. His Ma_thematicians (whereof Lilius was the chief) advised him thus: That considering there had been an Agitation in the Councel of Nice somwhat concerned in this matter upon the motion of that Question about the Celebration of Easter: And that the Fathers of that Assemblie after due delibera_tion with the Astronomers of that time, had fixed the Vernal Equinox at the 21 of March, and considering also that since that time a difference of 10 whole daies had been past over in the Calendar, that is, that the Vernal Equinox or Spring; which began upon the 21 of March, had prevented so much as to begin in Gregorie's daies at the 10&thsup; of the same, 10 daies difference or thereabouts; they advised that 10 daies should bee cut off from the Calendar, which was don, and the 10 daies taken out of October of that Year 1582, as being the Moneth of that Year in which that Pope was born; so that when they came to the 5 of the Moneth, they reckoned the 15, and so the Equinox was com up to it's place again, and hapned upon the 21 of March, as at the Councel of Nice. But that Lilius should bring back the Begining of the Year to the Times of the Ni_cen Councel, and no further, is to be marvelled at. Hee should have brought it back to the Emperor's own time, where the mistake was first entered, and, instead of 10, cut of 13 daies; however this is the Reason why these 2 Calendars, written upon the Horizon, differ the space of 10 daies one from the other. And as the Old Accompt was called the Julian, from the Emperor; so the New is called from Gregorie the Pope and Lilius the chief Agent, the Gregorian or Lilian Accompt: and the Julian is termed the Old Style, the Gregorian the New, as in the conversation of Letters betwixt Us and Those on the other side of the Seas wee may per_ceiv; Theirs to Us bare date (for the most part) such a daie of such a Moneth; Stylo Novo; Ours to them such a daie; Stylo Veteri: And Theirs may bee dated There, by their Accompt, and received here, before they were written by Ours.

For the third Calendar there need not much bee said, though it bee more absolute then the second; for it redu_ceth the Beginings of the Year to the Emperor's own Time, and so leaveth the Old Style 13 daies behinde as it ought to do. But it is very rarely found upon the Horizons of anie Globes, neither as yet translated to anie Common Use. In the outermost Limb of the Horizon are set down the Names of the 32 Windes of the Compass; to what end will bee shewed hereafter.

Why the Meridians and Horizons which are so several upon the Earth, are but single without the Globe.

THe Reason of this will bee plain, if it bee considered that the Horizons and Meridians, in the use of the Globe, are to bee fitted to anie particular place at pleasure; as Oxford, Woodstock, Abingdon, &c. this could never have been don upon the Globe it self; for there must a several Horizon and a several Meridian have passed through everie Citie, Town, or Castle upon the Globe, which if it had been don, besides the confusion, the Circles would have put out the Places; therefore it was ingenuously devised of those who first thought upon it, to set one Meridian and one Horizon without the Globe to serv for all: For in this case the Globe it self may bee turned and applied to the Ho_rizon and Meridian with as much eas, as the Horizon and Meridian with impossibilitie could not bee applied to the Globe, as it will hereafter more plainly appear, then it can do yet.

Of the Quadrant of Altitude, and the Compass.

MOreover then the Circles framed without the Globe, two other Appendents are to bee noted upon; the one relating to the Meridian, the other to the Horizon: the first is the Quadrant of Altitude, and is a thin brass Plate repre_senting the fourth part of a Great Circle, and so divided into 90 Degrees, called therefore the Quadrant; and the Quadrant of Altitude, becaus it measureth the height of the Stars upon the Celestial Globe, to which it most properly belongeth. The business it hath to do in Geographie, is to set out the Zenith of anie Place, and consequently to shew the Angle of Position, or Bearing of one Place to ano_ther, as hereafter shall bee taught. It is therefore affixed to the Meridian with a little Screw-pin, to bee removed at pleasure from anie Ver_tical Point of anie Place, to the Vertical Point of anie other. The second is the Compass, which is a Needle touched with a Loadstone, and set in a Box upon the Foot of the Horizon, upon the South side, such ano_ther as wee see in ordinarie Pocket-Dyals for the Sun. The Use of it here (as in those) is to point out the North and South for the Rectification of the Globe, as shall bee more plainly said hereafter.

Of the Great Circles upon the Globe, and first of the Meridians.

THe Great Circles painted upon the Globe are the Meridi_ans, the Equator, and the Zodiack; where wee must not think much to hear of the Meridians again. That of Brass without the Globe is to serv all turns, and the Globe is fra_med to applie it self thereto. The Meridians upon the Globe will easily bee perceived to bee of a new and another Use. They are either the Great, or the Less; not that the Greater are greater then the Less, for they have all one and the same Center, and equally pass through the Poles of the Earth: but those wich are called Less, are of less use then that, which is called the Great, though it bee no greater then the rest. The Great is otherwise called the Fixt and First Meridian, to which the Less are second, and respe_ctively moveable. The Great Meridian is as it were the Land_mark of the whole Sphere, from whence the Longitude of the Earth, or anie part thereof is accounted. And it is the onelie Circle, which passing through the Poles, is gradu_ated or divided into Degrees; not the whole Circle, but the one half, becaus the Longitude is to bee reckoned round about the Earth. This Great Meridian might have been planted in anie place, as at York, or at Richmond, but must of necessitie bee set in one certain place of the Globe or other, as it is in everie several Globe, though not in the same place in all.

Concerning the Difference of Geographers in the pla_cing of their Great Meridian, and the Causses pretending thereto.

IN assigning the place of this First or Great Meridian, I observ that the Geographers, whatsoever, still fix it in the Western Parts: And the Reasons are, not onely becaus those were more discovered then the Eastern, to those who had first to do in this matter; but more especially for that the Proper Motion of the Sun and Moon is from the West to the East, contrarie to their diurnal or dailie Motion; and therefore the Eclipses of the Moon are to bee observed from that Part, which is the most learned and certain Rule for the finding out of the Longitudes of Places, by observing how much sooner the Ecclips begineth in a Place more or less West then another. And moreover, wheresoever they place their Great Meridian, they still reckon the Longitude from West to East, that is, till they com up to 180 De_grees, or the Semicircle; where som of them staie and be_gin the Longitude again towards the East, calling the first Half, Eastern, the other, Western Longitude. But this Cours, howsoever Artificial enough, yet is not used by the later Geographers, for they account the Longitudes in the whole Circle throughout from West, by the East to West again, som few Spanish Geographers excepted, who, in the Descri_ptions of their New Indies, reckon the Longitudes quite con_trarie, from East to West, but which was thwartly in it self, and, in the proof, inconsiderably don. But as the Geogra_phers well enough agreed in the placing of this Great Me_ridian in the Western Parts; so they have differed much more then it becomed them in assigning out the Particular Place.

The Greek Meridian. The Author of the Greek Geographie intituled to Ptolomie fixeth the Great Meridian (as Marinus the Tyrian (cited by Him) and the Antients before them) in Hera, or Junonia one of the Fortunate Islands, as they were termed of old, from an opinion of som singular Blessings imagined by the Antients upon the Genius of those Parts. They are now called by the Spaniard, Islas de Canaria: The Canarie-Isles, better known to us by the Wines of that Name, for the most part falsly so called. Ptolomie, as Plinie also, out of Juba the Affrican King findeth out but Six of these: but the late Discoverers meet with Seven: that is, Lan�erotta, Forte_ventura, Teneriffa, Gomera, Fierro, Patma, and the Gran Ca_narie, which giveth Name to the rest. For the Situation of these Islands they lie not as Ptolomie placed them, within one Degree of Longitude, or little less, but more scattering, and lifted up a little above the Tropick of Cancer about the 30&thsup; Degree of the Northern Latitude, in that Part of the We_stern (otherwise called the Atlantick) Oce�n which trendeth upon the Coast of Affrick, and are therefore reckoned by Geographers to the Affrican Isles. This was the furthest part of the Earth discovered towards the West to those of about Ptolomie's time: therefore the Great Meridian was fixed there, in the Isle Hera, or Junonia, as then it was called, now Tenariff: And from this Meridian all the Longitudes in the Greek-Geographie are taken.

The Arabick Meridian. This the Arabian-Geographers knew well enough; but holding themselvs not to bee inferior (as indeed they were not) either to the Indefatigation or Skill of the Greek_Geographers, they hoped to have the begining of Longitude taken from them, which therefore they appointed to bee drawn up on the uttermost Shoar of the Western-Oce�n 10 Degrees more East then that of Ptolomie: but they deceived themselvs doubly; for first, Their Meridian would not bee brought into Example by others: and again, It was not so improvidently intended, as not to serv themselvs. Alphraganus chap.10. For according to the loss, or gains of the Sea upon that Shore, their Longitudes have proved to bee importantly different, rightly enough assign'd, but falsifying with the Place, as they are justly served. There is not, for the present, anie verie great Use to the Geographer of the Arabick-Meridian more then to know it; for the Turkish Histories are not so com_pletely derived down to us as to Describe the Territories by Longitude, or Latitude. And for the Arabick-Nubian-Geogra_phie Translated into Latine by the Maronites, though other_wise of a rare, and pretious esteem, yet is not commend_ed for this, That the Distances of Places are there set down by a gross Mensuration of Miles: and John Leos Af_frica is not so well. But when the Learned, and long promised Geographie of Abulfedea the Prince shall com to light, there can bee nothing don there, without this Me_ridian. The Prince setteth down the Longitude of Mecca 67 Degrees. The Greek Geographie 77: and they are both right, and yet they differ 10 Degrees: for so much were their Meridian set East, or West one then the other. Yet nei_ther is this Meridian presently altogether unuseful, for besides the Longitudes of som places noted by Saracenus, Al_bategni and others, there is a Catalogue of Cities annexed to the Astronomical Tables of the King Alphonsus accounted all from this Great Meridian, but with this difference, That whereas Abulfedea the Prince setteth down but 10 De_grees distance betwixt the Fortunate Isles, and the Western Shore, the Catalogue reckoneth upon 17, and 30 Minutes: a Difference too great to bee given over to the Recesses of the Ocean from that Shore, and therefore I know not as yet what can bee said thereto.

The Magneti_cal Meridian. Our own Geographers, the later especially, have affected to transplant this great Meridian out of the Canarie Isles in_to the A�ores, or Azores, for so the �erilla will endure to bee pronounced. They were so called from A�or, which in the Spanish Tongue signifie's a Goss-Hawk, from the great number of that Kinde, there found at the first Discoverie, though now utterly disappearing. And it is no stranger a thing, then that December should bee called by our Saxon Fore-fathers &wynn;olfe Monat, that is, Wolf-Moneth; for that in those Daies this Isle was mischievously pestered with such Wilde-Beasts, and in that Moneth more ragingly, though now such a sight is grown so forreign to these parts, that they are looked upon with the Strangeness of a Camel, or an Elephant. The Azores are otherwise termed Insul� Flandric�, or the Flemish Isles, becaus som of them have been famously possessed, and first Discovered by them. They are now in number Nine: Tercere, S&tsup; Micha�l, S. Ma_rie, S. George, Gratiosa, Pico, Fayall, Corvo, Flores; they are situate in the same Atlantick Ocean, but North-West of the Canaries, and trending more upon the Spanish Coast, under the 39 Degree of Latitude, or therebouts. Through these Isles the Late Geographers will have the Great Meridian to pass, upon this conceit of reconciling the Magnetical Pole to That of the World. Their meaning is, That the Needle of the Mariner's Compass, which touched with the Magnet, or Loadstone, in dutie ought to point out true North, and South Poles of the World in all other Places, performeth it onely in these Isles, whereas for the most part elswhere it swerveth, or maketh a Variation from the true Meridian to_wards the East, or West, according to the unequal temper of the Great Magnet of the Earth: therefore notwithstan_ding that the Greek Meridian was placed well enough in the Canaries, (as indeed it was, and best of all, becaus once fix_ed there) yet it pleased them to think that it would bee more Artificial, and Gallant to remove it into the Azores, where (as they would bear us in hand) the Magnetical Needle precisely directeth it self towards the North, and South of the Whole Frame without the least Variation, which might seem to bee a Natural Meridian, and therefore to bee yielded unto by that of Art, wheresoever placed before.

This Coincidencie of the Magnetical Meridian with that of the World, Som of them will have to bee in the Isles Corvo, and Flores, the most Western: Others in S. Micha�l, and S. Marie, the more Eastern of the Azores. Ridly's Trea_tise of Magne_tical Motions, Chap. 36. Norman's New Attra_tive, Chap. 9. 'Tis true indeed that the Variation is less in these Isles, then in som other Places, yet it is by experience found, that the Needle in Cor_vo North-Westeth 4 Degrees: in S. Micha�l it North_Easteth 6 Degrees: And therefore the Great Meridian should rather have been drawn through Fayal, where the Variation is but 3 Degrees to the East; Or especially through the Cape of good hope, where the Needle precisely pointeth to the True North without any Variation at all by a River side there, which therefore the Portugals have called Rio de las Agulias, The River of the Needles.

But which is more, the Magnetical Needle hath no cer_tain Pole in the Earth at all, and under the verie same Meridian is found to varie in som places but 3, or 4 De_grees; in other 17, and more; and which is wors (if it bee true) the Variation it self hath been lately charged up_on with a verie strange and secret inconstancie by the Pro_fessor in Astronomie of Gresham-College. Hee saith that the Variation of the Needle at Limehous near London, which M&rsup; Burrows found to bee 11 Degrees, 15 Minutes, in the year 1580: M Gunter in the year 1622 found it to bee but 6 Degrees 13 Minutes. But Hee himself in the year 1634 found it to bee but 4 Degrees, or verie little more; which in the space of 54 years is a difference of 7 Degrees to the Less. So little reason is there why the Greek Meridian should give place to the Magnetical, besides the great confusion which must needs follow, as it hath.

The Toletan Meridian. But yet more impertinently, the Spanish Describers remem_bred before, not onely account their Longitude from East to West, utterly against all other Geographie, but not content_ed with the Greek, Arabian, or any Magnetical Meridian, must needs reckon their Indies from that of Toledo. But they are verie few that take this cours, and this Pragmatical Meridian is onely found upon a Map, or two, but hath not as yet gotten (nor is it like to do) any relation to the Globe.

The Greek Meridian a_gain. As the case standeth with the Great Meridian, the ad_vice and counsel of Stevinus a Dutch Geographer is very much to the purpose: That the Great Meridian should bee brought back to the Fortunate Isles again, that one certain Isle of the seven should bee chosen; and in That, one cer_tain place; Exiguus quidem, sed notabilis & perpetuus, As smal, but as notable and perpetual as 'tis possible. The Island hee assigned was Teneriff, thought to bee the same with Ptolomie's Hera, or Junonia. The place Pico de Teide, or el pico, The Peak, a Mountain so called from the sharpness of the top, and therefore the place is Locus exiguus, as Smal as could bee, and 'tis Perpetual, for Hils are everlasting; and as notable, for by the reports of som in Julius Scaliger it riseth above threescore Miles in height, which though it bee more then is generally believed, yet thus much is, That it is the highest Mountain in the World.

This Johnson a great Master of this Art considering with himself, though in his lesser Globe of the year 1602 hee had made the Great Meridian to pass through the Isles Cor_vo and Flores; yet since that, in his Greater of the year 1616 hee hath it drawn upon the Peak in Tenariffe, as hee ex_presseth himself in a void place of the Globe. Onely, whereas hee addeth that by this means the Arabick Meridian, and That of Ptolomie will bee all one upon the matter (which hee saith was fit to bee admonished) it must needs bee mista_ken. 'Tis true, that the Canaries lie near upon the Coast of Affrick: But the Arabians mean not this so much by the uttermost Shore, as the uttermost Points of the Western Land running along by the Streights of Gebal Taric, or Ta_ric's Hill, as they rightly (wee Gibralter) call it, where the Pillars of Hercules were set of old, as our Stories deliver, but of Alexander they saie, to whom, and not to Hercules the Arabick Nubian Geographer asscribeth this Labor, naming there the verie Artificers which that great King provided himself of to force out the Streight; which may possibly bee the reason, why the Arabians (over and above their am_bition of Change) draw their Great Meridian by this Part, in honor to Alexander, whom therefore they call not so, but Dhilcarnain, that is, The man of the two Horns, for that hee joined the Ends of the Known World together by those Pillars in the East upon one side, and these in the West on the other. Which seeing it is so, the Reduceing of the Great Meridian to Tenariff again will bee so far from closing with that of the Uttermost Western Shore, that ac_cording to the Account of som they will stand at 15 De_grees distance one from the other, which also maketh show of som reason of the Disagreement betwixt Abulfeda the Prince, and the King Alphonsus in assigning the difference of the Arabick Meridian from the Greek, the Prince allowing but 10, The Catalogue 17 Degrees, which was noted before.

For any concurrence therefore of the Greek, and Arabick Meridians by this means, wee are not to take the Ge_ographer's word; but nevertheless to embrace this Alterati_on of his Cours in bringing the Greek Meridan to his place again.

The same advice of Stevinus is commended and taken by Wil. Bleau (a man very like to, if not the very same with John_son himself) Cap. 4 of his first Part, which teacheth the Use of the Globes according to the Improper Hypothesis of Ptolomie (as the Title termeth it) per terram quiescentem. For the se_cond Part maketh good the same Use of the Celestial and Terrestrial Spheres by the Supposition of Copernicus per ter_ram mobilem. His words are Longitudo alicujus loci, &c. The Longitude of anie place is an Arch of the Equator comprehended between two half Meridians, the one passing through the Place it self, the other through the High Mountain called Pico de Teide in Tenariffe, Qui tam in maximo nostro Glo_bo Terrestri (saith hee) quam in variis Tabulis Geographicis � no_bis editis pro Initio Longitudinis terr� assumptus est, 6 pro eo in hac descriptione semper assumatur, &c. And 'twill never bee well with Geographie till this bee believed in, and made the common and unchangeable Practice.

What Cours is to bee taken with this Varietie of Meridians, and how followed, or neglected by the Geographers.

ANd now if one may make so bold as to give Law to the Geographers, it cannot bee denied but that the readiest and least entangling waie of reckoning the Longitudes is to meet again upon the first Meridian in Tenariffe, but for want of this, and til it can bee rellish't universally, the likest waie to the Best is for the Describers either of the Whole, or any Part of the Earth not to fail of setting down the se_veral Meridians obteining as then. Also the Difference of Longitude betwixt these Meridians, and lastly which of those they mean to go by. If I were to draw up (If I could) a New Geographie of the Whole Earth, This, or the like to this ought to prepare to the Description.

That the Great Meridian by the most Antient Greek Geo_graphers was made to pass through the Fortunate Islands, now called The Canaries. That from thence it was translated by the Arabians to the uttermost Point of the Western-Shore. That our own Geographers removed it into the Azores pla_cing it som of them in S. Micha�l, others in Corvo. That the Best of them brought it back to the Canaries again, and drew it upon the Pico in Tenariffe; The same, or thought to bee the same with Ptolomie's Junonia. That the Difference of Longitude from El Pico to the Arabick Meridian is 10 De_grees more East according to Abulfeda the Prince. From Pi_co to the Isle of S. Micha�l 9 Degrees. From Pico to Corvo 15, and both so much more West. And such, or such a Meridian I mean to follow.

To this very purpose the same Abulfeda in the Intro_duction to his Geographie. It is received by Tradition (saith hee) that the Inhabited Earth begineth at the West in the Fortunate Isles, as they are called, and lying waste as now. From these Islands som take the Begining of Longi_tude. Others from the Western Shore. The Difference of Longitude is 10 Degrees accounted in the Equator, &c. As for the Longitudes reckoned in this Book, they are all taken from the Shores of the Western Oce�n, and therefore they are 10 Degrees short of those which are taken from the Fortu_nate Isles, &c.

If wee now exact (as I think wee may) to this Rule, which hath been lately don by our own Describers espe_cially, wee may perhaps finde it otherwise then wee thought for.

Here it will not need to take much notice of those who have described the Situation of Countries by the Climes and Paralells. Thus much onely, That they had as good as said nothing. I confess I conclude under this Censure, the verie good Autor of the Estates du Mond, translated by Grimstone. But it was to bee noted. For what if I saie that Great Bri_tain lieth under the 9&thsup; and 13 Climates of the Northern Temperate Zone (as 'tis no otherwise Describ'd to the Site by a Geographer of our own) is this to tell where England is? No more then to tell where the Streights of Anian are much about the same Clime and Paralel, and yet 160 De_grees distant and more.

They are not much more accurate who Describe the Si_tuation of Countries by their Latitudes onely as the Gentle_man in his Description of Huntingdon Shire inserted into M. Speed. And the most learned Sir Henrie Spelman in his Description of Northfolk. It is no more to saie the Situation of this, or that place then of anie other in the Whole Sphere lying under the same Parallel. But to saie the truth, By reason of the Varietie of Meridians. The Longitudes were grown to such an uncertain and confused pass, that it was not everie man's work to set them down.

M&rsup; Carew in his Survey of Cornwall setteth down that Shire in the Longitude of 6 Degrees (I believ hee mean't 16) as most men account. But what doe's hee mean by that; or what manner of account is it which most men use in this case? Norden in the Introduction to his Speculum Britanni� saith, That the Center of this Land, which hee taketh to bee about Titburie Castle in Stafford-Shire is 21 Degrees and 28 Minutes of Longitude. But from what Meridian all this while? for the Longitude may bee manie Degrees more, or less, or just so much as hee saith, and yet all may bee true.

M&rsub; Speed more particularly professeth to follow Merca_tor; as in assigning the Longitude of Oxford, hee saith, that it is distant from the West 19 Degrees 20 Minutes by Mer_cator's Measure. So M. William Burton in the Description of Leicester-Shire. But how are wee the wiser for this? Merca_tor's Measure was not the same, for in his Globe dedicated to the Lord Granvella the great Meridian passeth through the Canaries; but in his great Map through the Azores M. Ga_briel Richardson in the State of Europe yet more distinctly telleth his Reader, That the Longitudes in his book shall bee taken from that Meridian, which passeth through the Azores. But whether from that in S. Micha�l, or from the other in Corvo is not set down, and yet the Difference is 7 Degrees, and more: But hear lastly the Kingdom's Geo_grapher in the Preface to his Britannia. At insimulabunt jam Mathematici & in crimen vocabunt quasi in Geographicis Latitu_dinis & Longitudinis Dimensionibus toto Cœlo aberr�rim. Audi qu�so: Tabulas Astronomicas, novas, antiquas, manuscriptas, Oxonienses, Cantabrigienses, Regis Henrici Quinti dili_genter contuli. In Latitudine � Ptolemeo plurimion discrepant inter se fer� conspirant: nec tamen Terram � suo Centro dimotam esse cum Stadio existimo. His igitur usus sum, In Longitudine autem nullus consensus, concentus nullus. Quid igitur facerem? Cum Recentiores perpendiculum navigatoria pyxide Magnete illi_tum inter Azores insulas rect� Polum Borealem respicere deprehen_derim, ind� Longitudinis Principium tanquam � Primo Meridiano cum illis dixi quam nec ubique leptomerōs permensus sum. So the Learned Cambden. Where note by the waie, that if the Translator hath rendered the Book no better then hee hath this Claus of the Preface, the best cours will bee for those that can, to read it in the Latine. The Autor's meaning I think was this.

But now (saith hee) the Mathematicians will accuse and call mee in question, as if I were altogether out in my Geo_graphical Dimensions of Latitude and Longitude. But praie heare mee: I diligently compared the Manuscript Astrono_mical Tables of Henrie the Fifth, as well the old, as the new, Calculated for the Meridians som of Oxford, others for that of Cambridg. In Latitude I found them to differ from Ptolo_mie very much, but well enough agreeing among themselvs: and yet I cannot think that the Earth is any whit startled aside from it's Center, as Stadius did. These Tables there_fore I made use of. But in the Longitude I found no agree_ment at all. What should I do? Considering that the Mo_dern Geographers had found that the Needle of the Mariner's Compass touched with the Loadstone directly pointeth to the North-Pole by the Azorian Isles, I did as they did, and took the begining of Longitude from thence, as from the First Me_ridian, but which I have not alwaies set down exactly, or to a Minute.

And now the least that can bee exspected is, that the Longitudes of all Places in the Britannia are accounted from the Meridian which passeth by the Azores. But from which of the Meridians? If it bee as the book expresseth ab Ulti_mo Occidente, 'tis from that of Corvo: then the Mathema_ticians have caus to complain, for all the Longitudes are fals. But I can perceiv that the Geographer, though otherwise most accomplished, yet was not so well seen in this piece of the Skill; for though it bee pretended in the Preface that all the Longitudes in the Description shall bee taken from the Azores, yet in setting down the Longitude of Oxford, hee saith, That as hee hath it from the Mathematicians of the Place, it is 22 Degrees from the Fortunate Islands which can never bee true, for 'tis but 19 from the Azores reckoning by S. Micha�l: But this is not all: In assigning the Longi_tude of Pen-von-las; or, The Land's-end in Cornwall, Hee saith that is 17 Degrees � Fortunatis Insulis vel poti�s Azoris, from the Fortunate Islands or rather from the Azores. But is the Difference so small did hee think? But 9 De_grees at least.

But I finde by the Longitudes that Mercator was the Man that set up all these for Geographers.

Mercator first of all kept himself to the Greek Meridian, as, Appian, Gemma Frisius, Maginus, and others; but under_standing by Francis of Deip, an experienced Mariner, that the Compass had no Variation in the Islands of Capo Verde. And by others, that it had very little in Tercera, and S. Marie of the Azores, but not anie at all in the Isle Corvo, that hee might go a mean waie to work, and complie with the Common Meridian of the World (as hee took it to bee). Hee made his Great Meridian to pass (as himself saith) be_twixt the Isles of Capo Verde and the Azores; that is, Through the Isles of S. Micha�l and S. Marie, which was afterwards taken for Example by Plancius, Saunderson, and the common sort of others, so that little or no notice at all was taken of the Meridian by Corvo, no not by those of the biggest expectation, as M. Carpenter, M. Camden, M. Speed, and the rest; although this also was the known Meridian of som Globes of the very same Times; and before that, that is, before they had set their last hand to their Descriptions. And 'tis no mervail, for Mercator's Longitudes were more exactly accounted then before, and therefore they might well take his Meridian along with them. And 'twas not amiss to go by the most received, but then they should have said so, and withall, have set down the three severall Meridians at least, and the difference of Longitude betwixt them; and all this with more distinction then so, that ano_ther man should com after them to tell themselvs what Me_ridian they went by.

And thus much of the First, or Great Meridian.

Of the Lesser Meridians.

THe Lesser are those Black Circles, which you see to pass through the Poles, and succeeding to the Great at 10 and 10 Degrees as in most Globes; or as in som, at 15 and 15 Degrees Difference.

Everie place, never so little more East, or West then ano_ther, hath a several Meridian. Shot-over hath a distinct Meri_dian from Oxford, becaus more East; Osney hath not the same as near as it is, for it lieth West of the Citie: The exact Meridian whereof must pass directly through the middle; yet becaus of the huge distance of the Earth from the Hea_vens, all these Places, and Places much further off may bee said to have the same Meridian, as the Almanack-makers Calculate their Prognostications to such, or such a Meridian where they pretend to make their Observations: But saie too, that it may generally serv, &c. And indeed there is no verie sensible Difference in less then 60 Miles, upon which ground the Geographers, as the Astronomers allow a New Meridian to everie other Degree of the Equator, which would bee 130 in all, but except the Globes were made of an Ex_treme and Unuseful Diameter, so manie would stand too thick for the Description. Therefore most commonly they put down but 18; that is at 10 Degrees distance one from the other, the special use of these Lesser Meridians beeing to make a quicker dispatch in the account of the Longitudes. Som others, as Mercator set down but 12 at 15 Degrees dif_ference, aiming at this, That the Meridians might bee distant one from the other a full part of time, or an hour: for seeing that the Sun is carried 15 Degrees off the Equi_noctial everie hour, as was said before. The Meridians set at that Distance must make an hours difference in the Rising or Setting of the Sun to the several places, as if the Sun Rise at such an hour, such a daie of the year at Oxford. In a place 15 Degrees more distant towards the East the Sun riseth an hour sooner. In a place 15 Degrees distant towards the West, an hour later, the same daie of this, or that year.

Now becaus the Spaces of time are reckoned by the same Degrees of the Equator as the Distances of Place, The De_grees of Longitude have been called Tempora; which word Camden somtimes delighteth to use, as in the Longitude of Bath hee saith it is 20 Temporibus, 20 Times, that is 20 Degrees distant from the Great Meridian. Hee expresseth by the same word in setting down the Latitude, but not so cun_ningly as I think.

Of the Equator, and the Lesser Circles.

THe Equator is the Middle Circle betwixt two Poles gra_duated throughout, and plainly dividing the Globe into two equal Parts, from North to South, This is the Circle of Longitude, as the Meridian of Latitude; for Lon_gitude is reckoned in the Equator from the Meridian: Lati_tude in the Meridian from the Equator.

Crossing this Circle obliquely in the Middle is the Zodi_ack, the uttermost extent whereof towards the North no_teth out the Tropick of Cancer; towards the South, the Tropick of Capricorn, each of them distant from the Equator 23 Degrees, or not much more, as may bee accounted in the Great Meridian. Equi-distant from these, and at the same distance from the Poles as the Tropicks from the Equator, are set down the Artick and Antartick Circles; all offering themselvs to sight by their Names, and distinction of Bredth, and Color, more notably then the rest: by the rest I mean the black blinder Circles equi-distantly remooved from the Equator at 10 Degrees difference, and serving the same turn in the accounting of Latitude, as the Meridians at the same distance in the reckoning of the Longitude. And these are called the unnamed Parallels.

And so much of the Description of the Earth and Water together; Now of the Waterie-Part by it self.

The Description of the Waterie-Part of the Globe by the Rumbes of the Mariner's Compass.

THe Cours of a Ship upon the Sea dependeth upon the Windes. The Designation of these, upon the certain Knowledg of one Principal; which considering the Situ_ation and condition of the whole Sphere, ought in nature to bee North, or South. The North to us upon this side of the Line, the South to those in the other Hemisphere; for in making this observation, Men were to intend them_selvs towards one fixed part of the Heavens, or other, and therefore to the one of these. In the South Part there is not found anie Star so notable, and of so near a distance from the Pole, as to make anie precise or firm Direction of that Winde. But in the North wee have that of the second Ma_gnitude in the Tail of the Lesser Bear, making so smal, and, for the Motion, so insensible a Circle about the Pole, that it cometh all to one, as if it were the Pole it self. This pointed out the North-winde to the Mariners of old especially; and was therefore called by som the Load, or Lead-Star. But this could bee onely in the night, and not alwaies then. It is now more constantly and surely shewed by the Needle touched with the Magnete, which is therefore called the Load or Leadstone, for the same reason on the leading and di_recting their Courses: in the Nature and Secret of which Stone, becaus the whole business of Navigation is so throughly concern'd, somthing is to bee borrowed out of that Philosophie.

The Original of the Mariner's Compass from the Magnetical Constitution of the Earth.

A Magnetical Bodie is described to bee That, which han_ging in the A�rial or �therial Parts of the Univers, firmly seateth it self upon it's own Poles, in a Situation natu_ral and unchangeable, consisting also of som such parts as se_parated from the rest can take upon them the nature and conditions of the whole.

Under this Description the Magnetical Philosophers com_prehend the Globes of Saturn, Jupiter, the Sun, &c. but be_caus these Bodies are placed so far above the reach of our Experience, and purpose; it shall bee sufficient to make the Description good upon the Earth.

To do this, I think I may suppose, First, that the Con_stitution of the Whole Earth may bee gathered from the pre_vailing parts, such parts especially as do bear upon them the Marks and Signatures of the Whole.

Then secondly, That the parts of the Earth, which lie couched about the Center, are not of a different of dege_nerous compliance from these which lie scattered about the Surface; which if anie bodie lift to rais suspicions upon, as M&rsup; White hath don, they may: but I am sure they were no nearer Him, when hee lai'd the Foundations of the Earth, then wee.

The prevailing parts about the Surface of the Earth, are the Mines of Loadstone, Steel, Iron, &c. of all which, it is certain, that they are indued with a virtue Magnetical, which enableth them to place themselvs in a set position betwixt North and South: And not onely these, but even Claie it self, burnt to Brick, and cooled North and South, if it bee hanged up in a close place, and left to it's libertie, will seat it self in the same Situation.

But the most vigorous Magnetes are the Stone and the Steel, the Stone especially: And the Steel hath a capacitie to receiv a stronger virtue from the Stone, whereby it more firmly seat_eth it self in the North and South-Position of the Earth, directly pointing out those Windes to the Mariner; not in all parts directly, becaus in following the Constitution of the Great Magnete of the Whole Earth, it must needs bee here and there led aside towards the East or West, by the unequal temper of the Globe, consisting more of Water then of Earth in som places, and of Earth more or less Magnetical in others.

This Deviation of the Needle, the Mariners call North_Easting, or North-Westing, as it falleth out to bee; other_wise and more Artificially, the Variation of the Compass; which though it pretend uncertainly, yet proveth to bee one of the greatest helps the Seaman hath; for the Degrees of Variation, which the place it self exactly observed, giveth him a shrewd guess of the same, when hee meeteth with the same Variation again, unless the Variation it self should bee subject to a Change of Admirable Diminutions as the Late Discoverer calleth it in his Discours Mathematical, &c.

This Needle, touched with the Stone, and directing to_wards the North and South, the Mariners (as the Magnetical Philosophers) call their Directorie-Needle, not onely for the reason intimated, but to distinguish it also from their other, called the Inclinatorie-Needle, becaus it is also found that the Needle touched with the Stone, will not onely turn towards the North, but make an Inclination under the Horizon, as to conform with the Diameter or Axis of the Earth. M&rsup; Henrie Gellibrand.

This Motion of the Needle was accidentally discovered by Robert Norman, a Man of great dexteritie in the framing and dressing up of the Mariner's Compass. It hapned to him, that, as often as hee had finished his Needles, and equally poized them upon their Pins, hee had no sooner touched them with the Stone, but still the North-Point of the Needle would forsake the parallel Site in which hee had placed it, and incline it self to the Axis of the Earth. The reason whereof not presently perceiv'd, escaped a while, with a conceit, as if the Artificer had deceived himself in ballancing the Needle; which therefore hee endeavoured to correct with a little peice of Wax stuck upon the lighter End (as hee took it to bee) till at last, beeing imploied in the framing of a Compass, the Needle whereof was to bee 6 inches in length, and having polished and levelled it with all possible care, and yet after the touching of it with the Stone, finding one end to weigh down the other, hee was forced to cut off som part of the heavier end, (as hee still mistook it) and so more, till hee had made the Needle unserviceable: whereupon, consul_ting with som knowing Friends, hee was advised to make som Instruments to trie out the experience. And it was found to bee this verie Inclination to the Axis of the Earth, and proportionably, though not equally, answering to the Degrees of Latitude.

But this Inclination also, as the Direction, is variable, and for the same causses of the Earth's unequal temper.

But all that which I have said will more evidently and ex_pertly appear, upon the Terrella, or little Earth of Load_stone.

As the Great Magnete of the Earth, so everie Magnetical part thereof, and everie part of that, hath Poles, Axis, Equator, Me_ridians, and Parallels of it's own. The Magnetical Philoso_phers therefore, to represent unto themselvs the Great Na_ture of the Whole, take a strong small piece of a Rock, which having reduced into a Globous form, they first found out the Poles by the filings of Steel (or otherwise) which will all meet together upon the North and South Points. A Circle drawn equidistantly from these describeth the Equator. This don, they take a smal Steel wyer, of about half an inch long, and applie it to anie part of the Equator, and it will precisely turn towards the North and South Poles, which is Motion of Direction, and marketh out the Meridians of the Terrella. But supposing a Concavitie to bee let into this Little Earth, in anie part, either about the Equator, or be_twixt it and the Poles: In that case the Needle will not point directly to the Poles, but will make a Variation; unless it bee placed exactly towards the Middle of the Concavitie, and then it maketh no Variation at all, but turneth directly, as before; which from the Causses justifieth the Directions, and Variations of the Compass, towards and from the Poles of the Earth.

Remove this Wyer from the Equator towards the Pole, and the one Ende of it will rise up as Norman's Needle did, and the other End will stick down upon the Stone, making an Acute Angle, and describing a Parallel. Remove it nearer to the Pole, and the Angle will bee less and less acute, till at a certain Parallel it becom a Right Angle to the Stone. Re_move it yet nearer, and the Angle will bee Recto Major, or more and more obtuse. Bring it up to the Pole it self, and it will there stand bolt upright, and make one Line with the Axis of the Stone; which maketh good the Inclination of the Needle to the Diameter of the Great Magnete: for if Norman had touched his Needle under the Line, it would have stood level upon the Pin without anie Declination at all. If hee had touched it in anie place beyond the Line, the In_clination, would have been on the South side; but living here more towards this Pole, it must needs fall out as hee found it. Nobile experimentum, as D&rsup; Gilbert cal's it, and hee is bold to saie, ut nullius unquam rationis aut mentis compos, &c. that hee who had considered of this, and holdeth not himself convinced of the Principles of Magnetical Philosophie, is not to bee taken for a man of sens or reason. I know what Scaliger saith to this; Gilbertus Medicus, &c. tres am_plissimos Commentarios edidit, in quibus mag�s mihi probavit Do_ctrinam suam, qu�m Magnetis Naturam; nam incertior sum qu�m dudum. Wee know what hee meaneth by amplissimos: but why tres Commentarios? Sure the Man had not read all his Books, for the D&rsub; wrote six: but England was a kinde of Nazareth to this Great Scholar; hee would not endure anie good should com out from hence.

But to give the Art and the Nation but their due: As there is no point of Philosophie so admirable and secret with Na_ture as this; so none so immerst in visible practice and expe_riment, and bred up from the verie Cradle to that growth and stature, which now it hath in this verie Corner of the World, by English Men. Norman Burrough Wright Gilbert Ridley Barlow Gellibrand.

Manie other Experiments of great Wonder and Satisfa_ction are made by the Magnetical Philosophers upon the Stone; but to the purpose I speak of, these are the Principal, which is, to give the Reasons of the Needles turning towards the North and South, which is the Original of the Mariner's Compass.

The North and South Windes thus assured by the Motion either of Direction of Variation of the Needle, The Mariner supposeth his Ship to bee, as it alwaies is, upon som Horizon or other. The Center whereof is that of the Ship.

The Line of North and South found out by the Needle, a Line crossing this at right Angles sheweth the East and West, and so they have the 4 Cardinal Windes; and the Indian They are drawn upon a white China dish filled with Water, upon the Cen_ter whereof there hangeth a Needle of 6 inches long. Compass consisteth of no more. Cross again each of these Lines, and they have the 8 Whole Windes, as they call them: Another Division of these maketh 8 more, which they call the Half Windes. A third maketh 16, which they call the Quarter Windes; so they are 32 in all. Martin Cortez no_teth, that som Mariners of his time divided that Division over again, and so the Compass consisted of 64 Windes: but hee noteth also, that this Division was more exact then for the Use. Everie one of these Windes is otherwise termed a several point of the Compass, and the Whole Line consi_sting of 2 Windes, as the Line of North and South, or that of East and West, is called a Rombe. The Spaniards first gave that Name, as Peter of Medina taketh it upon them; yet not out of their own Language, but fancying to themselvs that the Lines of the Compass (as indeed they do) much resembled the Spars of a Spining Wheel, which in Latine is called Rhombus, from the Greek rhembō, to turn about, they call those Lines Rumbos: and the Word hath taken.

The Compass therefore is an Horizontical Division of the 32 Windes, upon a round piece of Pasteboard set in a Box, in the Center whereof upon a pin of Laten cinque bored, the Needle or Wyers, first touched with the Stone, are placed. This Box hangeth in another Box, between two hoops of Laten, that however the outermost Box bee tossed up and down by the Motion of the Ship, yet the innermost may alwaies hang level to the Horizon. It is placed in the middle of the Pupe, upon a right Line imagined to pass by the Main-mast through the Center of the Ship, and so putteth the Pilot in his Waie.

These Compasses are represented, as they may upon the Globe, by those Circles which you see divided into 32 Parts with their Fleur� de Lis, alwaies pointing to the North. And though the Windes are not set down by Name, yet they may bee fetched from the Horizon without the Globe. And the Rumbes are drawn out at length circularly, if the Cours bee upon a Meridian, the Equator, or anie other parallel; other_wise they are Helispherical Lines, as they call them, that is, partly Circular, and partly Helical or Spiral, as you may see them described upon the Globe.

In the Globes set out by Saunderson and Molineux, you have the Courses of S&rsup; Francis Drake, and Fourbisher's Voyages; and in Janson's Globe that of Oliver Van-Nort described by the Rumbes, whereby you may judg of the rest.

The Knowledg of all this is not of less use to the Geogra_pher, then the other Description by Circles; aswel for the Rea_ding of Sea-Voyages and Discoveries of New Lands and Passa_ges, as for that the verie Descriptions of the Earth, for a great part, cannot bee made without references to the Water.

As the Earth and Water are wholly represented upon the Globe, so the whole, or anie part of either may bee described in Plano, or upon a plane Surface in a Map or Sea-Chart. Janson's Globe of the Year 1616. The Great Meri_dian passeth by the Pike in Tena_riff. The Les_ser stand at 10 Degrees di_stance. And of these also somthing shall bee discoursed hereafter; for the present,

Thus much of the Description: now followeth

The Use of the Terrestrial Globe; and first of the Rectification.

THe first care of this is to see that the Foot of the Globe stand level or parallel to the Horizon; for which pur_pose som Globes have a Plumb-line, and there bee that advise for a Triangular Level of Wood, with a Plummet for the pur_pose, to bee applied to anie part of the Horizon, after the manner as the Mechanicks trie their Planes: but the matter is not tied to such a severitie of exactness, but that a good Eie may pass for a sufficient Judg. The next thing is, that it bee placed in the North and South-Position of the Earth as di_rectly as it may. This dependeth upon the knowledg of the Meridian of the place, but may well enough bee don by a Needle, whose Variation is known, such an one as is used to bee set upon the South side of the Foot of som Globes, for the same purpose: then lift up the North-Pole above the Ho_rizon so manie Degrees as will answer to the Latitude of the Place unto which you mean to rectifie, which suppose to bee Oxford, therefore the Pole is to bee lifted up 51 Degrees, for that is the Elevation of this Place: then finde out Ox_ford in the Globe, and bring it to the Brass Meridian, and there staie it with a piece of paper, or the like, put between the Meridian and the Globe: And you have set before you Oxford with the verie same and all respects of Situation upon the Globe, as it hath upon the Earth it self. And this is cal_led Rectification, or right setting of the Globe.

By the known Place to finde out the Longitude and Latitude, and by the known Longitude and Latitude to finde out the Place.

THese Terms of Longitude and Latitude are understood ei_ther of the same or several Places. In the first sens they are absolutely called the Longitude or Latitude of this or that place. In the other sens wee use to say, The Difference of Longitude or Latitude between such and such a place. The Longitude of this or that place is the distance of it from the Great Meridian, to the Meridian of the Place reckoned in the Degrees of the Equator. The Latitude of a Place is the Di_stance of the Equator from the parallel of the place reckoned in the Degrees of the Meridian. Therefore if the place met with bee under the Great Meridian, it hath no Longitude at all, as the Hill in Tenariffe, unless it bee in respect of som other Great Meridian, as that by Corvo, or the other by S&tsup; Mi_cha�l; and of such a place it will bee sufficient to know the Latitude. So again, if the place met with bee under the Equa_tor, it hath no Latitude at all; and of such a place it shall bee sufficient to know the Longitude. But if the place should fall out to bee in the verie Intersection it self of the Equator, and the Great Meridian it hath neither Latitude nor Longitude; and of such a Place it is sufficiently said, that There it is.

But if the known Place lie at anie distance from the Equa_tor, it is but bringing it up to the Brass Meridian, and the Latitude is found by observing what Degrees the Meridian setteth off. Let Oxford bee the Place you meet with, turn the Globe till it lie precisely under the Meridian, and you will finde from the Equator 51 Degrees, 32 Minutes of Norther Latitude; and, by consequence, you also have the Elevation of the Pole: for that is alwaies equal to the Latitude of the Place.

With the same labor you may finde out the Longitude, if holding still the Globe you observ the Degrees of Intersection cut off by the Meridian in the Equator: as put the case for Oxford still, it will bee found 22 Degrees from the For_tunate Islands, saith Camden; from S&tsup; Micha�l in the Azores 'tis exactly true by which the Preface promised to go; but from the Fortunate Isles or the Pike in Tenariffe, not out 15.

In case anie of the lesser Meridians happen to pass through the Place, you may rekon of what number it is from the Great Meridian, as whether it bee the 3&dsup;, 5&thsup;, 9&thsup;, &c. and so manie times 10 Degrees, (for at that distance they are set) is the Longitude of the Place. The same cours may bee taken by the Parallels to account the Degrees of Latitude.

And as the Longitude and Latitude are found out by the Place known, so after the same manner anie Place may bee found out by the fore-knowledg of them. This fore-knowledg was first had by Observation of the Eclipses of the Moon, and the Meridian Altitude of the Sun or Stars, but may bee now more easily gotten out of the Tables of Peter Appian, Gem_ma Frisius, Mercator, Ortelius, Tycho, and that annexed to M&rsup; Hues his Treatise of the Use of the Globes, wherein the Longitudes and Latitudes of all the Principal Cities, Capes, Ri_vers, &c. are set down, but not accounting all from the same Meridian, which therefore also must bee considered off: For the named Autors, Appian, Gemma Frisius, and Tycho reckoned from the Canaries, the rest from S&tsup; Micha�l in the Azores.

Of the Difference of Longitude and Latitude, and what is to bee observed in the con_verting of the Degrees of either into Miles.

THe Respect of several Places one to another, is called the Difference of Longitude or Latitude, as the Latitude of Oxford is 51 Degrees, the Latitude of Durham 55. The Difference of Latitude is 4 Degrees. The Use of Longitude and Latitude, in the absolute sens, was to make out the Position of anie Place, in respect of the Whole Sphere. In this other meaning, the Intent is to shew the Situation and Distance of anie Place from and in respect of anie other. The Situa_tion of a Place to another Place, is otherwise called the Angle of Position; but of the Distance first, and how that is to bee made into Miles.

The several cases put by the Geographers of this Difference, are either of Places differing in Latitude onely, or Longitude onely, or both. Places differing in latitude onely, are all such as lie under the same Meridian, but several Parallels. This may so fall out, as that either both the Places may bee in North, or both in South Latitude, or one of them in each. If both the Places lie in North or South Latitude, then it is plain, that if the lesser Latitude bee subduced from the greater, the Re_manent of Degrees, multiplied into Miles by 60, sheweth the Distance, as the Isl' de Maio in the Latitude of 14 Degrees; and the Isle of S&tsup; Micha�l 39 Degrees, are both under the same Meridian: the 14 Degrees are the lesser Latitude, which taken from the 39 the greater, the remainder is 25, which multiplied by 60, giveth the Distance in Miles. If one of the Places lie in North, the other in South Latitude, add the De_grees of both Latitudes together, and do the like.

The verie same Cours is to be taken, if the Places differ in Longitude onely, in case they both lie under the Line it self, becaus there the measure is in a Great Circle, as in the Meri_dians of Latitude; but if otherwise it fall out to be bee in anie Parallel, on this or that side of the Line, the case is altered.

Wee take for instance the Difference of Longitude betwixt London and Charlton, or Charls-Town, in Charlton Island, so honored with the Name of CHARLS Prince of WALES, by Captain Thomas James, at his Attempt upon the North-West Passage in the Wintering, the 29&thsup; of Maie, the Year 1632, which was the Daie on His Highness Nati_vitie.

The Difference of Longitude is 79 Degrees, 30 Minutes, as it was taken from an Eclips of the Moon, observed there by the Learned Captain, Octob. 29, 1631, and by M&rsub; Henrie Gellibrand at Gresham College at the same time. It is required that this Difference of Longitude bee converted into Miles.

The Latitude of Charlton is 52 Degrees, 3 Minutes; that of London much about the same. Here the proportion of 60 Miles to a Degree, will over-reckon the Distance almost by the half. The reason whereof shall bee first reported out of the Nature of the Sphere.

However, it bee certain, that the Artificial Globe (as the Natural is supposed to bee is of a Form precisely round, and may bee drawn upon all over with Great Circles Meridional_ly, yet considered from the Middle Line to the Poles, it hath a sensible Inclination or Depression of Sphere, as it is termed in their words, so that if the Artificial Globe bee turned about upon it's Axel, several parts of the same Bodie shall bee more swiftly moved then other at the same time; for it is plain, that the Equator is moved about in the same duration of time, as the smallest Parallel, but the Circumferences are of a Vast and Visible Disproportion, and therefore is not pos_sible they should go an equal pace.

It is upon the same grounds, that the Author of the Use of the Globe per Terram mobilem will tell you, that in the Diur_nal Motion of the Earth, though Amsterdam (in the same Latitude with Oxford) keep pace with the Isle of S&tsup; Thomas under the Line, yet they are of a very different dispatch; for Amsterdam goeth but 548 Miles in an hour, whereas the Isle of S&tsup; Thomas posteth over 900 Miles in the same space of time, which is after the rate of 12 Miles in a Minute, and more. And all this is true (that is true to the Paradox) from the Inclination of the Sphere: But more plainly yet.

Wee see that the Meridians upon the Globe are set at 10 Degrees Distance, but wee may perceiv too that this Di_stance groweth less and less, as the Meridians draw nearer towards their concurrence in the Poles, as the Globe it self doth from the Equator upwards, and therefore the Degrees however accounted proportionable, yet cannot possibly bee equal in the Lesser Parallels to those in the Equator, but must needs make an orderlie Diminution from thence to either of the Poles.

When therefore it was formerly said that 60 Miles of the Surface of the Earthlie Globe answer to a degree in the Heaven, it is to bee understood of the Degrees of a Great Circle, and so is alwaies true in those of Latitude, but in the De_grees of Longitude it holdeth onely in the Equator it self, but in the Parallels more North, or South the proportion diminisheth from 60 to none at all. So that if I would con_vert the Longitudes of the Molucca's, or anie other parts un_der the Line into Miles, it is but multiplying the Degrees of Longitude by 60 and the thing is don; but if I would do the like by Oxford, or anie other place betwixt the Equator and the Poles, I must first know what number of Miles answereth to a Degree in that Parallel of Latitude. The knowledg of this dependeth upon the proportion which the Equator beareth to the Parallels, which is learned out by the skill of Trigonometrie, but need not now bee so hardly attained to; for the Proportions are alreadie cast up into a Table by Peter Appian in the first Part of his Cosmographie. They are there set down according to the rate of German Miles, one of which maketh 4 of ours. According to our own Rate they are as followeth:

The Proportion of English Miles answering to their several Degrees of Latitude. Deg. of Lat. Miles English. Seconds. Deg. of Lat. Miles English. Seconds. Deg. of Lat. Miles English. Seconds. 1 59 59 31 51 26 61 29 52 59 58 32 50 53 62 28 103 59 55 33 50 19 63 27 104 59 51 34 49 45 64 26 185 59 46 35 49 9 65 25 216 59 40 36 48 32 66 14 247 59 33 37 47 55 67 23 278 59 25 38 47 17 68 22 299 59 16 39 46 38 69 21 3010 59 5 40 45 58 70 20 3111 58 54 41 45 17 71 19 3212 58 41 42 44 35 72 18 3213 58 28 43 43 53 73 17 3314 58 13 44 43 10 74 16 3215 57 57 45 42 26 75 15 3216 57 41 46 41 41 76 14 3117 57 23 47 40 55 77 13 3018 57 4 48 40 9 78 12 2819 56 44 49 39 22 79 11 2720 56 23 50 38 34 80 10 2521 56 1 51 37 46 81 9 2322 55 38 52 36 56 82 8 2123 55 14 53 36 7 83 7 1924 54 49 54 35 16 84 6 1625 54 23 55 34 25 85 5 1426 53 56 56 33 33 86 4 1127 53 28 57 32 41 87 3 828 52 59 58 31 48 88 2 529 52 29 59 30 54 89 1 330 51 58 60 30 0 90 0 0

KNowing then the Latitude of Charlton to bee 52 De_grees, and that of London much about the same: I enter the Table, where I finde the Sum of 36 Miles, or thereabouts to answer a Degree of that Parallel, therefore multiplying the Degrees of Longitude by 36, it giveth up the number of Miles from the Great Meridian to the Place.

And very fit it were that these Proportions were written upon the Horizon of the Terrestrial Globes, rather then the Calendars. And what els there is, confessed by themselvs to belong of right to the other Globe, and of little use to the Geographer, till this will bee, they may bee cut upon a Sil_ver-Plate, or Ruler of Box, or som how, or other; for without this Table, the Use of the Globe, as to this Case of Difference, is as good as none at all.

The last Case is remaining, which is put of such Places as differ both in Longitude and Latitude; for the considerati_on whereof the Geographers have devised several waies, as the Arithmetical waie; That by the Sph�rical Triangles, by the Semi-circle, &c. But the working by either of these is of more time and intricacie then was to bee wished. The readi_est of all, and not much inferior to the certaintie of the rest is the Geometrical waie, as Peter Appian (one of the Fa_thers of this Art) hath termed it; and 'tis no more but this: Let the two Places bee the Isle of S&tsup; Thomas and Te_nariff in the Canaries. Take your Compasses and set one Foot of them Tenariff, the other in S. Thomas, and keep_ing the Feet of the Compasses at the same distance, remove them to the Equator, or Great Meridian, and see how many Degrees they set off; for that number multiplied by 60 is the Distance of the two Places in Miles. The ground of this Rule is, that the Distance of all Places not differing onely in Longitude, are to bee understood to bee in a Great Circle, and it was known before, that the Degrees of such a one are severally answered by 60 of our Miles upon the face of the Earth. You may do the like in the Quadrant of Altitude as will bee seen in the next Invention.

To finde out the Bearing of one Place from ano_ther, and what is meant by the Angle of Position.

THe Zenith is the Pole of the Horizon through which the Astronomers imagin Circles drawn (as the Meridi_ans through the Poles of the World) so dividing the De_grees of the Horizon as to mark out the Site of the Stars from this or that Coast of the World. And becaus these Circles are supposed to bee drawn through the Semt, or Se_mith Alros, that is The Point over the Head, or Vertical Point, The Arabians called them Alsemuth, we cal them stil Azimuths. And for that the Zenith Point still altereth with the Horizon, these Circls could not have been describ'd upon the Globes, but are represented there by the Quadrant of Altitude, which is the 4&thsup; part of anie one of those, and most properly ser_ving the other Globe, yet upon the same ground is useful to the Geographer in setting out that Angle which is made by the meeting of the Meridian of anie Place, with the Vertical Circle of anie other and of the same, called therefore the Angle of Position, or Site. To finde this out you are to ele_vate the Pole to the Latitude of one of the Places, then bring the Place to the Meridian, and it will fall out directly to bee in the Zenith of that Elevation upon this ground, That the Elevation is alwaies equal to the Latitude; then fasten the Qua_drant of Altitude upon the Zenith, and turn it about till it fall upon the other Place, and the End of the Quadrant will point out the Situation upon the Horizon. Let the Places bee Oxford and the Hill in Tenariff, set the Globe to the Elevati_on of Oxford, that is 51 Degrees of Elevation above the Horizon, then bring Oxford to the Meridian, and it falleth under 51 Degrees of Latitude from the Equator, therefore it is found in it's own Vertical Point 90 De_grees equidistantly removed from the Horizon: Fasten there the Quadrant, and move about the Plate till it fall upon the Hill in Tenariff, and the end of the Quadrant where it toucheth the Horizon will shew that the Hill in Tenariff beareth from Oxford South South-West: and if you multiplie the Degrees of the Quadrant intercepted betwixt the two Places by 60, you have the Distance in Miles, which was pro_mised before.

If you finde, as you needs must, that the Proportion of Miles upon the Globe doth not alwaies answer to that which wee reckon upon in the Earth, you are desired not to think much; for when it is promised that 60 of our Miles shall run out a Degree of a Great Circle above, it is inten_ded upon this Supposition, as if the Earth wee tread upon were precisely round as the Globe it self is, and not interrupted with Rivers, Hills, Vallies, &c. which though they bear no proportion otherwise, yet becaus it cometh to pass by this that wee cannot set our cours in a Streight Line upon the Earth as the Demonstration is forced to presuppose, wee must bee contented if som difference fall out.

The more unhappie Difference will bee found in the Longitudes themselvs. The Difference of Longitude betwixt Rome and Norenberg (as M. Gellibrand hath already made the Observation) is according to Kepler, but 4 Minutes of Time: Lansbergh reckoneth it at 10 Degrees, Mercator at 12, Stadius at 18, Longomontanus at 16, Stoffler at 18, Ma_ginus at 26, Werner at 32, Origan at 33, Appian at 34, Re_giomontanus at 36: with discouragement enough it may bee noted, for the Places are verie eminent, and of a near Di_stance: the Men professed able, and for the most part reckon_ing from the same Great Meridian; and yet the less to bee wondred at, if wee consider how much in this case must bee taken upon trust, even by these Men themselvs. Wee must not think they all spake this of their own Knowledg, for it is certain the thing might have been, and is don, though not without anie at all, yet without anie considerable dis_agreement. I saie the Longitudes for a very great part, are exact_ly enough agreed on. The perfection is not one Man's, nor one Ages Work, and must bee waited for. It must not seem strange if I tell you that you may distinguish the more certain from the doubtful by their disconvenience, for where you finde them to agree, you have caus to suspect (for the most part) that they have lien long upon the Lees of Time, not as yet enquired into. But if you finde them to disagree, you may conclude that they have been brought to a new Examination. And of these, you are to take the latest, and from such (if it may bee) as have don it by their own Observation, as out of the Tables of Tycho before others. The difference of Longitude by Tycho's Tables betwixt Rome and Norenberg is under 4 Degrees, which cometh nearest to Kepler, who also took it himself from two several observa_tions of the Moon. There will still seem to bee som want of satisfaction, but it is sufficient for anie man to know in this as much as anie other man doth.

If you would convert the Degrees of Longitude into Hours (for this also may bee don as well as into Miles) you are to allow 15 Degrees to one Hour, upon the Reasons taught before; and that which will bee gained by this is to know, by how much sooner or later the Sun Riseth, or Setteth to one Place then to another. As the Difference of Longitude betwixt Oxford and Charlton is 79 Degrees, 30 Mi_nutes: that is, 5 Hours, 18 Minutes: and becaus Charlton lieth West from London, the Sun Riseth so much sooner here then there.

To finde out the several Positions of Sphere, Clime, Parallel, &c.

THe Latitude and Longitude of a Place once resolved upon, the other Accidents of Sphere will follow of themselvs: the Position of Sphere you cannot miss of, for if the Place you trie for have no Lati_tude at all, you know alreadie that it must of necessitie lie under the Line it self, and therefore in a right Position. If it have less, or more the Position is oblique. If it have as much as it can have, that is the Whole Quadrant, or 90 De_grees, the Position is Parallel; the reasons were told before, and may evidently bee discerned upon the Globe.

For the Climes and Parallels, and consequently the length of the longest Daie, The fore-knowledg of the Latitude leadeth you directly, in case the Climes bee set down upon the Brass Meridian, or in anie void part of the Globe, other_wise it is but entring the Table of Climes and Parallels pro_portioned to everie Degree of Latitude, and you have your desire. And as by the Latitude you may finde out the Clime, so if it happen that you knew the Clime before, as it may in the reading of the Estats du Monde, or the like Descri_bers, you may by the Clime finde out the Latitude; And you cannot know either of these, but you must needs know the Zone: And if you know that, you can easily con_clude upon the Distinction of Shadows, for you knew be_fore that the Inhabitants of the Mid Zone are alwaies Ascii or Amphiscii; those of the two Extreme Periscii; those of the two Temperate or Intermedious, Heteroscii. To finde out the other Distinction of Habitation you may do thus: Let Oxford bee the Place; bring it to the Meridian, where you finde it to bee 51 Degrees lifted up above the Equator; ac_count so manie Degrees of Southern Latitude below the Equator, and you meet with the Ant�ci (if anie bee) in the Terra Australis incognita; remove Oxford from the Meridian 180 Degrees, and you shall finde your Peri�ci under the Meridian where Oxford was before, about the Bay of S. Micha�l in the Kingdom of Quivira, and your Antipodes in the place where their Ant�ci stood before, but they are not, for the Place is covered over with Water.

There yet remaineth one waie of Description, but out of Curious Art, and of no great Instruction, yet becaus it is made use of by som Geographers, and not left out by M. Camden himself in his Britannia, I may tell what it meaneth.

Of Astrological Geographie, and to tell under what Sign, or Planet, a Region, or Citie is subjected.

THe Wisdom of the Antients (it was called so) held an Opinion that not our selvs onely, the Little Worlds, but the Great Globe of the Earth also is particu_larly reigned over by the Dominion of the 12 Signs, and Influence of the 7 Planets; upon which Principle (as wee receiv it by Ptolomie's Tradition) they divided this Globe into 4 Quadrants by the Intersection of the Equator with the Great Meridian passing by the Canaries. Every of these Qua_drants they again divided into 4 Trigons, consisting each of them of 3 Signs of the Zodiack, not orderly, but so as that everie Trigon night bee made up of one Fixt Sign, one Moveable, and the third Common, as they distinguish. The first Quadrant was reckoned from the Vernal by the Pole to the Autumnal Intersection, and was called the Quadrant of the Habitable World: for every one of the other three was to that Time a Terra incognita. The first Trigon of this Qua_drant falleth to the Dominion of Aries, Leo, and Sagittarius. The Second to Taurus, Virgo, and Capricornus, and to the Influence of such Planets as are connatural to such Signs. So Britain, France, Germanie, &c. fall to the share of Aries and his Planet Mars. Italie, Sicilie, &c. to Leo: Norwaie, Ba_varia, &c. to Scorpio; and so forwards, concluding all, and every Part and Province of the Globe under one, or other of the Twelv. But this emptie Speculation stopped not here, but would make us believ too, that not Whole Countries onely, but everie Citie, Castle, Village, nay, not a private Hous, or a Ship that ride's upon the Oce�n but is thus di_stinctly governed by their Planets. They do it upon this ground: Those men allow as earnest a livelihood to the Beam in the Timber, and Stone in the Wall as to themselvs. And when the first Stone of a Building is laid, a Citie or Hous is said to bee born, and as Formal a Figure erected of that, as of the Owner's Nativitie.

The Emperor Constantine (though you would not think it) at the Building of his new Rome commanded Valens, (a named Astrologer of that Time) to Calculate the Nati_vitie, and make Judgment of the Life and Duration of that Imperial Citie. The Asscendent was Cancer, and the Astrologer said that the Empire should stand 696 years, and (whether hee knew so much or not) hee said true; the Citie lived longer indeed, but all the rest was but labor and sorrow. And for a more private Mansion, there is yet now to bee seen the Nativitie of the Warden's Lodgings of Mer_ton College in one of the Windows; the Horoscope the same with that of Constantinople; now look what Sign of the twelv shall bee found to rise up in the Horoscope or Angle of the East, that is the Sign-Regent of that Hous, or Citie. Pre_pared thus, the Astrologers sit in Judgment upon the Inclina_tions and Fatalities of States and Men: and how little soever it may seem to us, or bee in it self, it was of moment to som of old, for Tiberius (an Astrologer himself) had the Genitures of all his Nobilitie by him, and according as hee found his own, or the Kingdom's Horoscope to bee well, or ill look't upon by theirs, so hee let them stand, or cut them off by Legislative Astrologie.

According therefore to this waie of Description, the King_dom of England is Astrologically Sited in the first Trigon of the first Quadrant, under the Dominion of Aries for the Sign, and for the Planet Mars; or otherwise under the Dominion of Pisces, now in the Place of Aries, and the In_fluence of the Moon and Mars. And Silen saith, that the Pla_net of England is the Moon, and Saturn of the Scots: Unde homines illius regionis (saith an old Astrologer) sunt vagi, & instabiles, ludibrio exponuntur, nunc ad summum, nunc ad imum delati. So the Jews and wee are governed by the same Stars equally, as Cardan is pleased to saie of us; Cardan. in 2. Tetra bib. Pto_lom�i, cap. 3. tex. 12. A Rebellious and Unluckie Nation, ever now and then making of New Laws and Rites of Religion to the better somtimes, but for the most part to the worst.

Now take an Essaie by all the waies of Description in the Geographie of Oxford.

It lieth in an Oblique Position of Sphere in the Nor_thern Temperate Zone: The Elevation of the Pole 51 Degrees, 30 Minutes: the Longitude from the Great Meridian in Tenariff 15 Degrees: under the 8 Clime, and 16 Parallel: the Longest Daie 16 Hours. The Sign-Regent is Ca_pricorn: the Noon-Shadows are Heteroscian: Wee are Periœci to the Baie of S. Miguel in Qui_vira: Ant�ci to the Northern Parts of Terra Australis incognita be_low the Promontorie: Wee are Antipodes to none.

|CSC |Y1652 COSMOGRAPHIE In Four Bookes. CONTAINING THE CHOROGRAPHIE AND HISTORIE Of the whole VVORLD, And all the principall Kingdomes, Pro_vinces, Seas, and Isles thereof. &horbar By PETER HEYLYN. &horbar Acts 17.24.26. Deus qui fecit mundum, & omnia qu� in eo sunt; fecit ex uno omne genus hominum, inhabitare super universam faciem terr�, definiens tempora & ter-minos habitationis eorum. Plin. in Proem. l.7. MVNDVS, & in eo Terra, Gentes, Maria, Insul�, insignes Urbes, ad hunc modum se habent. &horbar LONDON, Printed for Henry Seile, and are to be sold at his Shop over against Saint Dunstans Church in Fleetstreet. MDCLII.

OF SWETHLAND. &horbar

SWETHLAND is bounded on the East with Muscovie, on the West with the Dofrine hils which divide it from Norway; on the North with the great Frozen Ocean, spoken of before; on the South with Denmark, Liefland, and the Baltick Sea. So called from the Sueci, Suethans, or Suethidi, and the word Land added for a termination; of which more hereafter.

It is in length from Stockholm unto the borders of Lapland, above a 1000 Italian miles; and in breadth from Stockholm, lying on the Bodner Sea, to the borders of Denmark, about twenty good dayes journey on horse-back: insomuch as they which have travelled the length and breadth of it on this side of Lapland and the Gulf, account it little lesse then all Italy and France together: but taking in Lapland, and the Provinces on the other side of the Gulf, bigger then both by the quantity of 900 miles.

The situation of it in regard of the heavenly bodies, is the same with Norway, under the same Pa_rallels and Degrees; but of so different a temper, both for soil and air, as if disposed of under severall and long distant Climes. For the Aire here is very pure, but not so sharp, and insupportable, as it is in Norway: though in some places where the Moores and Waters setle for want of care to open and cleanse the water-courses, they have great fogges and mists which doe somewhat putrefie it: And for the soil, it is more fertile then any of the other Northern Provinces: so that besides those necessa_ries which they keep for themselves, they usually transport into other Countries store of Malt and Barley; together with great quantities of Brasse, Lead, Steel, Copper, Iron, the hides of Goats, Bucks, Oxen, and costly furres. They have also some Mines of Silver not mixt with any other me_tall; plenty of fish in their Lakes and Rivers; abundance of Pine-trees, Firre, Oaks, both for ships and houses; yeilding besides, among the woods, good store of Tarre, and Honey, and some other necessaries. But hereof we shall speak more punctually in the severall Provinces.

The principall mountains of this Country are the Dofrine hils, a vast and continuall ridge of mountaines which divide it from Norway. And though they want not Rivers fit for common uses; yet partly by reason of their great frosts and flakes of Ice, partly by reason of the falling of trees which lie crosse their Channels; they have not many Navigable, or of any great fame. The principall of such as be, are 1 Meler, at the mouth whereof stands the City of Stockholm: 2 Lusen, 3 Dalecarlie, giving name to the Province so called, or as denominated from it. And of the Lakes, whereof here are exceeding many, that of most note is the lake of Werett which receiving it into 24 Rivers dis_burdneth it self at one mouth into the Baltick, with such noise and fury, that they call it commonly the Devils head.

The people are naturally strong and active, provident, patient, and industrious; hospitable towards strangers, whom they entertain with great humanity: so healthy, that if they doe not shorten their dayes by excesse and riot, they live commonly to 140 years of age; and so laborious, that a Begger is not seen amongst them: exceeding apt to learn as well Tongues and Sciences, as the Arts Mechanicall: Gothland.every man in a manner being his own Artificer, without imploying Smith, Mason, Carpenter, or any of other manuall trades: very valiant both on foot and horseback, which their long wars against the Danes, and their late wars in Germany, have given good proof of. Their women are discreet and mo_dest, free from that intemperance which these Northern parts are subject to. Both sexes use a corrupt Dutch, common to all three Northerne kingdoms: except in Finland, and the Provinces on the other side of the Bodner sea, where they partake somewhat of the Muscovite or Russian lan_guage.

The Christian Religion was first planted amongst them by the care and diligence of Ansgarius Archbishop of Breme, the Apostle general of the North; corrupt with Popish superstitions, it was reformed, accor_ding to the Augustane Confession, in the time of Gustavus Ericus, the first of the present Royall familie; sol_licited thereunto by one Petre Nevicius a Lutheran Divine, and Lawrence the Archdeacon of Strengnes; but chiefly moved (as others say) by a desire to appropriate to himselfe the goods of the Church. And this appeares to have had some strong influence upon him in it, in that he presently seised upon what he pleased; and made a Law that Bishops should enjoy no more then the King thought fit: yet having pretty well lessened their Revenues, he was content they should remain as formerly both in power and number, reserving to himselfe and his successours the nomination of the persons; but so as the appro_bation of the Clergy (in a kinde of election) doth usually goe along with the Kings appoint_ment.

The Bishops are in number seven, that is to say, 1 of Lincopen, containing in his Diocese 226 Pa_rishes; 2 of Vexime, under whom are 210. 3 of Scara, ruling over the same number of Churches; 4 of Strengnes, under whom are an hundred onely; 5 of Aboe, the greatest for extent of all, as com_prehending under it 500 Parishes; 6 of Wiburg, and 7 of Habsay, whose Dioceses for the most part lye out of the bounds of Sweden, in Muscovie, Livonia, and some other of the out parts of Poland: all of them under the Archbishop of Upsal, as their Metropolitan, whose Diocese extending into Lap_land and Finmarch, containeth 171 Parish Churches. By which accompt there are in all the king_dome of Swethland, but 1417 Parishes; but many of them of a thousand or eight hundred families: the people being dispersed in Forrests and other places, where they have store of timber to build them houses, and store of pasturage for their Cattell; which is the reason why they have not so many great townes, nor so well inhabited, as is usuall in far lesser Countries: As for the Authority of these Bishops, they still retaine their voice in Parliament, and with them so many of the inferiour Clergie, as are from every Socken, (a certain number of Parishes like our Rurall Deaneries) deputed to appeare there in the name of the Church: the affaires whereof the Bishops do direct and order aswell in as out of pub_lick meetings, according to the Ecclesiasticall Constitutions formerly established; and if any great occasion be, they may either advise with their Consistorials, or call a Diocesan Synod, (as they thinke most fit) and therein make such Lawes and Canons, as they conceive to be most proper for their owne edification.

The whole kingdom is divided into two parts, the one lying on the East, the other on the West side of the Bay or Gulf of Bodner, called Sinus Bodicus in Latine, being a large and spacious branch of the Baltick Sea extending from the most southernly point of Gothland as farre as to Lapland on the north. According to which division we have the Provinces of 1 Gothland and 2 Sweden, lying on the West side of the Gulfe; 3 Lapland, shutting it up upon the North, 4 Bodia or Bodden, and 5 Finland, on the East side thereof; and 6 the Swedish Islands, where it mingleth with the rest of the Baltick.

1. GOTHLAND.

GOTHLAND, is bounded on the East with the Bodner Sea, on the West with the Mountains which divide it from Norwey, and so much of Denmark as lies in the same continent with it; on the North with Sweden; on the south with the sea Baltick. So called either from the Gothes, whose origi_nall Countrey it is commonly affirmed to be; or quasi goot landt, from the goodnesse and fertility of the soyl (Goot landia, qu� Germanice Terra bona sonat (as Maginus out of Munster hath it) the soyle being very fruitfull for corne and cattell, affording plenty of Mines, with great store of fish, and generally a better conditioned Countrey then any of the rest of these Northern Re_gions.

It is divided commonly into Ostrogoth, or East Gothland; Westergoth, divided from the former by the great lake of Weret spoken of before; and South Gothland, subdivided into Smalandia, Tuiscia, and Verendia. Chief townes whereof in Ostrogoth, are 1 Lincopen, a Bishops See; 2 Loduse, adorned with a very fair Haven: in Westergoth, 3 Scara on the lake Weret, a Bishops See also; 4 Elseburg on the We_stern sea, betwixt Denmark and Norwey; a place of consequence; and flankerd with two very strong Castles in the parts adjoining, the one called Croneberg, and the other Goldberg. 5 Tragualle, remark_able for iron workes, occasioned by the mines adjoining. And finally in South Gothland, there is 6 Vexim, or Vexio, another of the Episcopall Sees: 7 Walburg, a reasonable fair Town, with a strong Castle. 8 Rottenby, and 9 Elcholm in Verendia, neer the confines of Denmark, 10 Colmar, a noted and well traded Port on the Baltick Sea, beautified with a Castle not inferiour to that of Millain; and so well fortified throughout, that at the taking of it by Christiern the fourth of Denmark, anno 1611. there were found mounted on the Workes 108 brasse peeces of Ordinance, six men of war to guard the Haven, with all manner of Ammunition in proportion to them.

Gothes The first Inhhabitants of these south parts of Scandia, are commonly affirmed to have beene the GOTHES, whom Jornandes in his Book de Rebus Geticis, makes to have issued out of this countrey, and to plant themselves on the north bankes of the Ister, nere the Euxine sea, some time before the Trojan war: ascribing to them whatsoever is reported in old writers of the antient Scythians, as their encounter with Vexoris or Sesostris the King of Egypt, the Act and acheivements of the Amazons, their congresse with Alexander the Great in his Persian war, and the like to these. In which Jornandes be_ing himself a Goth, is no more to be credited, then Geofrie of Monmouth a Welchman, in the storie of Brute and his successours, to whom he doth ascribe the taking and sack of Rome under the conduct of Brennus, whom he makes to be the brother of Belinus a King of Britain. Most probable it is that they were originally a Dutch or German people, part of the great Nation of the Suevi, called by Ta_citus the Gothones, inhabiting in his time (as it is conceived) in the land of Prussia. Who finding their own countrey too narrow for them might passe over the Baltick into the next adjoining Regions: and not well liking that cold clime might afterwards in some good numbers goe to seek new dwellings, and at lest seat themselves on the bankes of Ister, where Jornandes found them. That they were Dutch originally, besides the generall name of the Gothones or Gothes, and those of Ostro_gothes, and Wisigothes, into which they were afterwards divided; the particular names of Alaric, Theodorick, Riccared, (the names of their Kings and Captains) seem to me to evidence. That they were once seated in this Countrie doth appeare as plainly 1 by the name of Gothland here still remaining; 2 by the title of Rex Gothorum, which the Kings of Swethland keep in the Royall style; and 3 by some inscriptions in antient unknown Charcters engraven on the rocks neere Scara in the Continent, and Wisby in the Isle of Gothland, supposed by learned men to be some monument of that people. And finally that their fixt dwellings, when first known by this name amongst the Romans, was on the north side of the Ister; is evident by the testimony of all antient Writers, from the time of An_toninus Caracalla, with whom they had some tumultuarie skirmishes in his way towards Persia; till their violent irruption into Italie and the Western Provinces: most famous in this intervall for a great fight with Decius the Roman Emperour, whom they overcame and slew in battell, anno 253. In the time of Valens and Valentinian the Roman Emperours a quarrell being grown amongst them, managed by Phritigernes and Athanaricus the leaders of the opposite factions, Phritigernes over throwne in fight had recourse to Valens, from whom he received such succours, that giving his adversary another day for it, he obtained the victory. Whereupon Phritigernes and his partie received the Gospell, but in_termixt and corrupt with the leaven of Arianism, by the practise of Valens, who sent them none but A_rian teachers, to whom and their faction in the Church, he was wholly addicted. Afterwards the whole Nation being driven over the Ister by the barbarous Huns, they obtained of Valens the out parts of Thrace for an habitation, on the condition they should serve under the pay of the Emperour, and become Christians: the cause that Arianism overspread the whole Nation generally, which had before infected but one partie onely. Ulphilas a devout and learned man, was their first Bishop; who for their bet_ter edification in the way of godlinesse, invented the Gothick Characters, and translated the Scriptures in_to that language: in the studie whereof they so well profited, that many of them in the time of their first conversion, suffered death for it at the hands of Athanaricus, and were counted Martyrs. Burdned by Valens, and denyed their accustomed pay, they harasse and depopulate the rest of Thrace, march_ing towards Constantinople: encountred in the way by Valens, whom they overcame, and killed, af_ter all his favours. Vanquished by Theodosius the succeeding Emperour in many battels, they became good neighbours, inlarging their bounds with his leave and license as far as Pannonia, and grown into such estimation with him that Ricimir and Franita, two of that Nation, did obtaine the Consul_ship: not to say any thing of that exorbitant power and favour which Gainas had attained unto in the Court it selfe. Made insolent by so great honours, and apt to pick quarrels with their Patrons, they invaded Italy in two great bodies, consisting of no fewer then 200000 fighting men: the first whereof under the conduct of Rhadaguisus, was discomfited and cut in pieces by Stilico Lieutenant to Honorius the Western Emperour, at Fesul� in the straits of the Appennine: the other by his treachery permitted to passe, sacked Rome, and subdued the most part of Italy, under the leading of Alaricus. He dying immediately after this great victory, left the fruits of it to his son Athaulfus, who marry_ing with Galla Placidia, the Emperours sister, relinquished Italy, and had all Gaul Narbonnoise, and a great part of Hispania Tarraconensis assigned unto him: where he erected the kingdome of the Wisi_Gothes, or Western Gothes, possessed of Spain and Tingitana, for the space of 300 years, and upward, when they lost that kingdome to the Moores, as hath there been said. In the meane time the Gothes which were left in their owne countries, distinguished from these by the name of Ostro-Gothes by rea_son of their more Eastern situation, kept themselves in quiet, first subdued by the Huns, and when by Wilamer, freed from that subjection, not intermedling or attempting any thing against the Em_pire, till called by Zeno Emperour of Constantinople into Italie, against Odoacer and the Heruli, who had then subdued it. Which action they managed with so much prudence and good fortune by their King Theodorick, that they vanquished Odoacer, possessed Italie, and held it above 60 yeares, when broken in many set battels by Belisarius and Narses, Lieutenants for the Emperour Justinian, their Kingdome and name there came unto an end.

As for the Kings of the Gothes, we have a succession of them in Jornandes, from Berig, who first conducted them out of Scandia towards the East, till the going of Theodorick into Italie: but made up with so little probalitie, that I dare give no more credit to it then to the stories of Brute, Dan, Fergus, or the Lady Scota Pharaohs daughter. Gothes. Such of whom there is any certaine knowledge and succession are these few that follow.

The KINGS of the GOTHES. 344 1 Athanaricus king of the Gothes, in the time of Constantius and Constans the sons of Constan_tine the Great. 357 2 Alaricus, the first of that name in the time of Constantius. 3 Phritigernes King of the Gothes in the time of Valens, the first Christian Prince among the Gothes. 370 4 Athanaricus II. in the time of the Emperours Valens, Gratian and Valentinian the second, under whom the Gothes were first setled on this side of the Ister. 379 5 Rhadaguisus, who in the time of Honorius, first led the Gothes into Italie, slain at the bat_tell of Fesul�. 410 6 Alaricus II. who pursuing the war of Italy, sacked Rome, subdued Naples, and the most of Italy. 412 7 Athaulfus the son of Alarick the second, who first erected the Kingdom of the Wisigothes in Gaul and Spain, continuing there for the space of 300 yeares and upwards: the present Kings of Spain coming from his stock. 417 8 Athalaricus King of the Gothes remaining in the East, at the departure of Rhadaguise and Alaricus distinguished from their plantations by the name of Ostrogothes: vanquished by Attila, they became subject to the Huns, in the time of Theodosius the second, and Valentinian the third, Emperour of the East and West. 9 Wilamir, one of the bloud Royall of the Gothes, taking advantage of some quarrels a_mongst the sons of Attila, shooke off that yoke, and recovered the kingdom of the Gothes; in the time of the Emperour Marcianus. 10 Theodomir son of Winithar, and brother of Wilamir in the time of Leo Emperour of Constantinople. 11 Theodorick son of Theodomir, kept at Constantinople in his youth as a Pledge or Hostage for his Father, where he was instructed in all the Greeke and Roman learning, and made the adopted son (as is said by Scaliger) of the Emperour Zeno: by whom he was sent into Italy against Odoacer and the Heruli erecting there the kingdome of the Ostrogothes, which continued till the reign of Justinian, when destroyed by Belisarius and Narses as before is said; the name of Gothes in Italy being thus extinct, but their bloud intermixt with the best Italian.

The summe of their whole story, for varieties sake take thus out of Du Bartas.

The warlike Goth which whilom issued forth From the cold frozen Islands of the North, Incamp'd by Vistula, but th'Air almost Being there as cold as in the Baltick coast, He with victorious Armes Sclavonia gaines, The Transilvanian and Valachian plaines. Then flies to Thracia, and then leaving Greeks, Greedy of spoile, foure times he bravely seeks To pluck from Rome, then Mars his Minion, The plumes which she from all the world had won: Guided by Rhadaguise, and Alarick, Bold Vindimarus and Theodorick. Thence flies to France; from whence expulst, his Legions Rest ever since upon the Spanish Regions.

The Armes of these Kings are said to have been Or, three Ravens with displayed wings Purple, membred Gules. And let this suffice for the Originall, successes, and finall period of the Gothes; re_served by me unto this place, because most commonly conceived to be their originall countrey; at least the place out of which they issued, when they first moved towards the East to seeke new dwellings.

SWEDEN.

SWEDEN is bounded on the East with the Bodner Sea, on the West with the Dofrine hils, which part it from Norwey; on the North with Lapland, on the South with Gotland. So called from the Suethans or Suethidi, the old Inhabitants hereof, of whom more anon. A countrey sufficiently fruitfull, but for the goodnesse of the soil inferiour to Gothland, and not so well planted or inha_bited as that is, by reason of the vast Woods which they will not suffer to be destroyed, and the greatnesse of some marishes hitherto undrained: but might be made as rich and fertile, if the people would, as appeareth by that plenty of corn growing amongst the Woods, though much hindered by their shade and thicknesse both from Sunne and raine. Lapland.But for the character of this Countrey we had it formerly, when we spake of Swethland in the generall; relating specially to this as the prin_cipall part.

And as the largest and principall part of this great body it containes in it many Provinces, and subdivisions, as namely 1 Upland, 2 Suderman, 3 Noricia, 4 Westman, 5 Dalecarle, 6 Wermelund, 7 Cop_perdale, 8 Gestricia, 9 Helsingen, 10 Middelphat, 11 Angerman, bordering on Lapland, the furthest of these Provinces towards the North. Many of which have no Townes or Cities of any greatnesse or beauty, the people living thin, and scattered, where they have wood for building, pasturage for their Beasts, and elbow roome enough for themselves and their Cattell. Of these the principall are 1 Upsal, an Archbishops See, and an Universitie, situate not far from the Bay of Bodner: beautified with a large Cathedrall, wherein many of the antient Kings of Swethland are interred. From this City the Countrey hereabouts is styled Archiepiscopatus Upsalensis. 2 Holm, by the Inhabitants called Stock_holm, by the Russians Stecolne, the Royall seat of the Kings, a noted and well traded Port, and the chief of the kingdome: exceeding strong both by Art and Nature, as being situate in the Marishes like Venice, at the mouth of the Lake, or River of Meler, the passage to it out of the Bay, being very narrow and by consequence easily defended, and yet so deep withall, that the greatest ships of bur_den may saile up to the City: the Port within the Strait being so safe and capacious, that it is able to receive at one time 300 sail, which usually ride there without any Anchour. The Castle of this City is conceived to be one of the strongest holds in the world, fortified for the more assurance of it with 400 brasse peeces, many of which are double Canons. 3 Nicopen, a Sea town on the same Bay also. These three are in that part hereof which is called Upland. Then there is 4 Strengnes, an Episcopall See; and 5 Telge, on the lake of Meler, in the Province of Suderman; the title and estate of Charles father of Gustavus Adolphus late King of Sweden, before his getting of the Crown cal_led Duke of Suderman. Next in the Province of Westman, there are 6 Arbogen, on the West side of the said Lake of Meler; and 7 Arose, rich in silver mines; out of which are made the best Dollars of Sweden: the mines here being so rich and profitable, that out of every fifteen pound weight of silver, the workmen draw a pound weight of gold. 8 Helsinge, upon the Bay of Bodner in the Province of Hel_singen, taking name from hence. 9 Ozebo, or Ourbou, a strong piece in Nerisia; and 10 Lesinger, on the Bay of Bodner, one of the furthest North of Sweden, distinctly and specially so called.

LAPLAND.

LAPLAND, the most Northern part of all Scandia, hath on the East Russia, on the West the Province or Prefecture of Wardhuys, in the kingdome of Norwey; on the North the main frozen Ocean, and on the South Bodia or Bodden on both sides of the Bay so called.

It is named thus originally from the Lappi or Lappones, the Inhabitants of it; as they are from their blockish behaviour; the word Lappon signifying the same with ineptus or insulfus in Latine, for such they are: rude, barbarous, and without the knowledge of Arts or Letters, as also without corn and houses, or any certain habitations, (except onely in Finmarch) feeding for the most part on fish, and the flesh of wild beasts, with the skins whereof sowed together they hide their naked_nesse. Generally they are meer Idolaters, giving divine honour all day following to that living creature whatsoever it be, which they see at their first setting out in the morning: selling winds to mari_ners great Sorcerers, and abhor_ring the sight of strangers, whom till of late they used to flee from, at their first approach; but within few yeares past beginning to be more sociable and familiar. In a word, they are the true descendants of the Antient Finni (possessed in old times of all that tract which lyeth betweene the Bay of Finland and the Frozen Ocean) whose naturall rudenesse and barbaritie, unmixt with the con_ditions of more civill people, they doe still retain.

It is divided into the Eastern and the Western Lapland. The former appertaining to the Knez or Great Duke of Muscovie, by which people the Inhabitants are called Dikiloppi, or the wild Lappians; is sub_divided into Biarmia and Corelia, of which if there be any thing in them worth taking notice of, wee shall there speake more. The latter doth belong to the Crown of Sweden, subdivided into 2 parts also, that is to say, Finmarch, and 2 Scricfinnia.

1 FINMARCH, being that part hereof which lyeth next to Norwey, is the more populous of the two, the people for the most part idolatrous, but by the neighbourhood of the Norwegians, and resort of strangers unto Wardhuys, and the parts adjoining, somewhat civilized; and in the borders of both king_doms savouring of Religion, possessed of sheds or sorry houses, & those house reduced to parishes, under the jurisdiction of the Archbishop of Upsal, the chiefe of which, (if there be any chief amongst them) are named 1 Samman, and 2 Hielso. Called Finmarch, as the antient bounds and Marches of the Finni (of whom more anon) and therefore erroneously by Maginus made a part of the kingdom of Norwey.

2 SCRICFINNIA lyeth between Finmarch and Russia, the name derived from the Finni, a great people of Scandia, and Scriken a Dutch word signifying leaping, sliding or bounding, for such is their gate. An etymologie not much improbable, in that the wooden-soled shoes with sharp bottomes, which they used for their more speedy sliding over the yce, of which this countrey is full, are by the Ger_mans (who also use them) called Skates. Scrikeshoenen, or sliding-shoes. The ancient Writers call this people Scrictofinni. Finland.

These are indeed the naturall and proper Laplanders; and unto these the former character doth of right belong. Of stature very low, little more then Pigmeys, but strong and active, well skilled in Archerie, and patient of cold and labour. Much given to hunting of wild beasts whom they kill with their bowes, devoure the flesh, and cloath themselves with their skins, which they tie at the top of their heads, and leave no place open but for the sight, giving thereby occasion unto some to write, that they are hairie all over like kine or horses. Such Deere (whereof they have great plenty) as they take unkilled, they make to draw in little carts, as they shift their Quarters. But having served them for a while they are killed at last, though perhaps for nothing but their skinnes; a certaine number of which they pay yeerly to the King of Sweden in the way of tribute. Three companies of these Laplanders, so clad and armed as aforesaid, came into Germanie in the year 1630 to serve Gu_stavus in those wars; looked on with admiration by all spectators.

Townes we must look for none here, where no houses be: and yet there are some sheds and cabbins on the Sea shore; which Mariners having made for their refreshment when they came on land, have bestowed some names on, and possibly in time may become good townes, now not worth the naming.

BODIA.

BODIA, BODEN, or BODNER, is situate on the South of Scricfinnia, betwixt it and the Bay or Gulfe hence named; extending southwards on the West side of it till it joines to Sweden, and on the East side till it meet with the Province of Finland. Hence the division of this countrey, into the Eastern, Northern, and Western Bodden; with reference to the situation of it on the Bay aforesaid. The countrey not very plentifull of grain or fruites, but full of great variety of wilde beasts, whose rich skins yeeld great profit unto the Inhabitants; and by reason of the commodious situation on all sides of the Bay, well stored with Fish. Antiently it was part of the possessions of the Finni, but how or whence it had the name of Bodia, or Bodden, or Bodner, I am yet to learn. But whence soever it had the name, certain I am, that from hence the Gulfe adjoining, is called Sinus Bodicus, Bodner Zee, by the Dutch or Germans.

Chief Townes here in are 1 Barkara, in West Bodden betwixt the Bay and a great navigable lake; 2 Gernia, a well traded Emporie at the very bottom of the Bay in North Bodden; 3 Helsingeliac, more North then that, towards the borders of Lapland, and 4 Korldby, in East Bodden, on the bank of the Gulfe, conveniently seated for a town of Trade.

3. FINLAND.

FINLAND hath on the North, Bodia; on the South, the Baltick Sea, or Mare Suevicum: on the East, Sinus Finnicus; on the West, Sinus Bodicus. It is by Munster thought to be called Finland, quasi fine land; quod pulchrior & amanior sit Suecia, because it is a more fine and pleasing countrey than Sweden it selfe. But indeed it is so called from the Finni, or Fenni; a potent Nation who have here dwelt; whose character is thus framed by Tacitus: Finnis mira feritas, fœda paupertas, non arma, non equi, no penates, victui herb�, vestitui pelles, cubile humus, sola in sagittis spes. The Finnes, saith he, are wonderfully barbarous, miserably poore, without Armes, Horse, or Household Goods: Herbs their food, the ground their bed, and the skins of beasts their best apparell, armed onely with their Arrowes, and in them their hopes. A Character which agreeth every way with our present Finlan_ders, especially those of Scricfinnia, and some parts of Finmarchia, who are not so well reclaimed to ci_vility, as the other are; but very different from that which Jornandes gives them, who living within 400 yeares after Tacitus, before they had much (if any) entercourse with forein Nations, tel_leth us of them that they were Scanzi� Cultoribus omnibus mitiores, more tractable and civill then any of the Inhabitants of Scandia, not excepting the Suethidi themselves. If so, they did deserve to live in so good a Countrey, more plentifull and plaine then Sweden, and neither so hilly nor so moorish.

The principall places in it are 1. Abo, an Archbishops See, situate on the most Southern point of it, shooting into the Baltick. 2 Wiburg, a Bishops See also, whose jurisdiction for the most part is without this Province, on some part of Russia; all Finland being in the Diocese of the Bishop of Abo. A town conveniently seated at the bottome of the Bay or Gulfe of Finland (called Sinus Fin_nicus in Latine) which divides this Countrey from Livonia: well fortified as the chief Bulwarke of this Kingdome against the Moscovite; and so well garrisoned withall, that the keeping of this town, and Rivallia in the borders of Liefland, doe cost the king of Sweden 100000 Dollars yearly. 3. Udden, on a point or Promontorie of the same Gulfe opposite to Narve, another Garrison of this king, in Liefland. 4. Verma upon the Bodner Zee, 5 Cronaburg, more within the land, at the efflux of a River out of the Lake called Puente, 6 Deckala, on the banks of the great Lake called Hosela. 7 Varta, more northwards towards Lapland: of which last four I finde not any thing ovservable in the way of story.

6 The SWEDISH ISLANDS.

And now at last I come to the Swedish Islands, here and there interspersed in the Baltick Seas, be_twixt the Isle of Bornholm which belongs to Denmark, and Liefland or Livonia, appertaining to the King of Poland; the principall of which are 1. Gothia, or the Isle of Gothland, and 2 Insul� Uland�, or the Isles of Oelandt.

1. GOTHIA, or the Isle of GOTHLAND, is situate over against Colmar, a strong town in the Continent of Gothland; in length 18 Dutch miles, and five in breadth. Of a rich soile, but more fit for pasturage then tillage, yeelding great heards of Cattell, store of game for hunting, plenty of fish, excellent marble, and aboundance of pitch, which it sends forth to other Countreys. There are in it 18 large and wealthy Villages; besides the Haven town of Wisbich, heretofore rich, and of very great trading, as much frequented by the Merchant as most in Europe, but now much decayed, and neither so well peopled, nor so rich as formerly. The trade removed hither from Wollin of Pome_rania (destroyed by Waldemar the first of Denmark, anno 1170) made it flourish mightily: the greatest traffick of the Baltick being managed here: but after that by reason of the long and continuall wars betwixt Denmark and Swethland for the possession of this Isle, it became unsafe; the Factorie was transferred unto other places. For being conveniently seated to annoy the Swedes, the Danes have much contended for it, and sometimes possessed it; but at the present is in the hand of the Swethlander. By some conceived to be the Eningia spoken of by Pliny.

2 OELAND, or this Isles of Ulandt, so called in the plurall number because there are many of them, of which this the principall, is situate over against Abo, the chief City of Finland. Of no great note, but that it is commodiously seated to invade or annoy this kingdome; and there_fore very well fortified, and as strongly garrisoned: here being the good towns of 1 Viburg, 2 Vames, and 3 the strong Castle of Castrolm.

Besides which Countreys here described, the King of Sweden is possessed of the strong townes of Narve and Rivallia, and Pernow in Liefland; of Kexholm or Hexholm in Corelia, a Province of Russia; with very fair and ample territories appertaining to them: subdued and added to this Crown by John the second, anno 1581. except Rivallia, which voluntarily submitted to Ericus the second King of this pre_sent Race, anno 1561. But being these Townes and Territories are not within the bounds of Swethland; we shall deferre further all discourse thereof, to a place more proper.

The first Inhabitants of this kingdome, besides the Gothes and Finni, spoken of already, were the Sitones, and Suiones, mentioned in Tacitus; together with the Phavon�, the Phir�si, and the Levoni, whom we finde in Ptolemie, placed by him in the East and middle of this great Peninsula. Which being the generall names of some mighty Nations, are by Jornandes branched into lesser tribes, of the Suethans, Theustad, Vagoth, Bergio, Hallin, Liothida, Athelnil, Gaurigoth, Raumaric�, Rauragnicii, Grannii, Aganzi�, Unix�, Arochitamii, Enager�, Othingi, and divers others by him named. But from what root the name of Sweden, Swedes, or Swethland, by which the chief Province of it, the people generally, and the whole kingdome is now called, is not yet agreed on, nor spoken of at all by Munster or Crantzius, which two, (but specially the last) have written purposely of this people. Gaspar Peucerus deriveth them from the Suevi, who antiently inhabited in the North parts of Germanie beyond the Albis; from whom the Baltick sea was called Mare Suevicum: which people hee conceiveth to have beene driven by the Gothes and Daci into this countrey, and by the change of one letter onely to be called Sueci. But this hath no good ground to stand on, though I meet with many others which are more improbable. For when they left those colder countreys, they fell into these parts which are still called Suevia (the Schwaben of the modern Dutch) where we finde them in the time of C�sar. And after, in fatali illa gen_tium commigratione, when almost all the Northern Nations did shift their seats, we finde such of them as had staid behinde, to have accompanied the Vandals, in their on-fals into Gaul and Spain. Of any expedition of theirs crosse the Baltick seas, ne gry quidem, nothing to be found in more antient Authors. We must therefore reserve the originall of this people either to the Suiones, or the Suethidi, or per_haps to both: both being antiently setled in these Northern Regions. Of the Suiones wee read in the booke of Tacitus inscribed De moribus Germanorum; by whom reported to be strong in men, ar_mour and shipping: and that they were inhabitants of Scandia, appeares by two circumstances in that Authour. 1 That the people were not permitted to weare weapons, quia subitos hostium incursus prohibet Oceanus, because the Ocean was to them a sufficient Rampart; which could not be affirmed of the antient Suevians, but agreeth very well with the situation of this present Countrey, defended by the Baltick, and vast Northern Ocean, from the sudden assaults of any enemy. 2. Because the Sea which hemmed in that people was conceived to be the utmost bound of the World; trans Suiones mare aliud, quo cingi claudique terrarum orbis finis, as his words there are: which wee know to hold good of this Countrey. Adde unto these this passage of the old Annals of the Emperour Lewis the second, where it is told us of the Danes, relicta patria apud Suiones exulabant, that they were banished into the countrey of the Suiones, which cannot so well be understood of any place as of this Sweden; being next neighbour unto Denmark. And 4 that this people both by Munster and Crantzius, are as well called Suiones as Sueci or Suedi: which sheweth what they conceived of their true Originall. Then for the Suethans or the Suethidi, whom Jornandes speaks of in his book De rebus Geticis, they are by him placed in the Isle of Scandia (for such this great Peninsula was esteemed to be by most antient writers.) Now that these Suethidi are no other then the present Swethlanders appeareth 1. by the propinquity of the names; 2 In that he maketh the Finni and Finnaith�, the next neighbours to them; and 3 in that they are affirmed by the same Authour, to have furnished the Romans with rich Furs, and the skins of wilde Beasts, with which commodities this countrey is aboundantly well stored. Now to which of these two Nations, either the Suiones or the Suethidi, those of Sweden are most endebted for their originall, will (I conceive) be no great controversie: the Suethans, and Suethidi of Jornandes, be_ing no other then a tribe of the Suiones, though the greatest and most powerfull of all those tribes: placed therefore in the front to command the rest, and so most like to give the name unto the whole.

Their government was antiently under Kings, affirmed so to be by Tacitus, who telleth us also that they were absolute and free, nullis exceptionibus, non precario jure regnandi, not bound in Covenant with their people, nor holding their Estates at the will of the Subject. But their Historians have gone for Antiquity hereof beyond the story of Brute or the Trojan warre, (beyond which very few of that strain have dared to pretend) as high as unto Magog the son of Japhet; reigning here within 90 years after the flood. But letting passe these dreams and dotages of the Monkish times, certain it is, that some_times they were under the Danes, sometimes under the Norwegians, sometimes had distinct Kings of their owne, and finally sometimes were comprehended with the Danes and Norwegians, under the ge_nerall name of Normans, conducted by one King or Captain upon forain actions. Omitting there_fore the succession of their former kings, of whose very being there is cause to make great question; we will begin our Catalogue of them with Jermanicus, wo entertained Harald King of Denmark, and his brother Regenfride, driven out of that kingdome by Gottricus or Godfrey, the Contemporary of Charlemagne, of whose successours Munster giveth us more certainty.

The KINGS of SWEDEN. 1 Jermanicus. 2 Frotho. 3 Herotus. 4 Sorlus. 5 Biornus. 6 Wichsertus. 7 Ericus. 8 Ostenus. 9. Sturbiornus. 10. Ericus II. 11 Olaus. 12 Edmundus. 13. Stinkalis. 14 Halstenus. 15 Animander. 16 Aquinus. 17. Magnus. 1150 18 Sherco 13. 1160 19 Carolus 8. 1168 20 Canutus 54. 1222 21 Ericus III. 27. 1249 22 Bingerius 2. 1251 23 Waldemarus 26. 1277 24 Magnus II. 13. 1290 25 Birgerius II. 23. 1313 26 Magnus III. son to Ericus the brother of Byrgerius was also chosen King of Norwey. 1326 27 Magnus IV. King of Sweden and Norwey, which last he gave in his life time to Hayvin or Aquinus his second son, and after the death of Ericus his eldest son (his designed suc_cessour in this Crown) was outed of this kingdome by the practise of 1463 28 Albert Duke of Mecklenburg, son of Euphemia the sister of Magnus the fourth; to the preju_dice of Aquinus king of Denmark and Norwey, made King of Sweden, on that quarrell vanquished by Margaret Queen of Denmark and Norwey, widow of Aquinus, anno 1387. to whom desirous of liberty he resigned his Kingdom, and dyed in his own coun_trey, anno 1407. 1387 29 Margaret Queen of Denmark, Sweden, and Norwey, the Semiramis of Germany, having united the three Kingdomes under her command, caused an Act of State to be passed in Colmar, a chiefe town of Swethland, for the perpetuation of this union unto her successours; the Lawes and Priviledges of each Kingdome continuing as be_fore they were. 1411 30 Ericus IV. Duke of Pomeren, adopted by Margaret, of whose sister Ingelburgis he was descen_ded, was in her life time chosen King of the three Kingdomes, into which he succeeds actually after her decease; but outed of them all by a strong faction raised against him, anno 1439, he dyed in a private estate in Pomeren, anno 1559. 1439 31 Christopher Count Palatine and Duke of Bavier (in title only) son of the Lady Margaret sister of Ericus succeeded in all three Kingdomes. After whose death the Swethlan_ders being weary of the Danish Government, broke the agreement made at Colmar for the uniting of the three Kingdomes under one Prince, and chose one Carolus Ca_nutus to be their King, anno 1448. 1448 32 Carolus Canutus, one of the meanest of the Nobility, and not long pleasing to the great ones: whose displeasure when he had incurred and feared the consequents there_of, hee gathereth together all the treasure he could, fled unto Dantzick, and there ended his dayes. 1455 33 Christiern King of Denmark and Norwey, called in by a party of the Swedes, and crowned King of Swethland; but outed againe under colour that he had not kept conditions with them: the kingdome governed after that (for a time) by Marshals. 1458 34 John King of Denmark and Norwey, the sonne of Christiern, received king by the Swedes, then overpowered by the Muscovite: but their turne being served they expelled him againe; returning to their former government under Marshals. Of which Marshals (descended from Steno Stur, the Uncle of Carolus Canutus by his Mothers side) there were three in number; viz. Steno, 2 Suanto, and 3 Steno Stur the se_cond, of which the two first dyed naturall deaths, and the last being by Christiern the second slaine in battell, this kingdom was again possessed by the Danes. 1519 35 Christiern II. King of all three kingdome, used his victory so cruelly here, and his sub_jects so insolently at home; that here he was outed by Gustavus Ericus, and driven out of Denmark by his Uncle Frederick. 1523 36 Gustavus Ericus descended from the antient race of the kings of Sweden, having vanquished and expelled the Danes, was on the merit of that action chosen king of Swethland; which still continueth in his house. 1561 37 Ericus V. sonne to Gustavus 8. 1569 38 John II. brother of Ericus, marryed Catharine the sister of Si_gismund the second, king of Poland. 1593 39 Sigismund the sonne of John the second, in the life time of his Father chosen king of Poland, anno 1586. but was dispossessed of the Crown of Sweden, (after a long warre) by his Uncle Charles. 1607 40 Charles II. Duke of Suderman, the youngest son of Gustavus Ericus, and brother of John and Eric, the two former Kings, first governed here as Viceroy for his Nephew Sigismund; but having an aime upon the Crowne (to which he found the Lutherans not very favourable) hee raised up a Calvinian partie within that Realm, accor_ding to whose principles he began first to with draw his obedience from his naturall Prince, and afterwards to assume the Government to himselfe: speeding so well in his designe, that after a long war he forced his Nephew to desist from all fur_ther enterprises, and made himself king, anno 1607. 1611 41 Gustavus Adolphus sonne of Charles having setled his affaires in Sweden, and made peace with the king of Denmarke, with whom his father was in warre at the time of his death; fell first upon his Cousin Sigismund the King of Poland, from whom hee tooke many places of importance in Prussia and Livonia, and in pur_suance of that warre was made Knight of the Garter. Afterwards having set_led a truce with him, hee passed into Germanie, then in great danger of be_ing absolutely inthralled to the house of Austria. In which hee prospered so beyond all expectation, that in one yeare hee passed over the Elb, the Rhene, and the Danow (which no Conquerour ever did before): and having twice vanquished the Imperialists led by Tilly, and restored many of the German Prin_ces unto their estates; was in the current of his victories slaine in the battell of Lutzen, Novemb. 1632. his body royally conveyed to Swethland and there interred. 1632 42 Christina sole daughter of Gustavus, of the age of seven yeares, acknowledged Queen of Sweden; the estate governed by the Counsails of the Nobility. After a long warre with variable successe in Germanie, they came at last to this Ac_cord in the treaty of Munster, that shee and her successours Kings and Queens of Swethland, should peaceably enjoy all the Higher Pomeren, with the Isles of Rugia, Wollin, and the Towne of Stetin in Lower Pomerland; the Towne and Port of Wismar in the Dukedome of Mecklenburg; and the whole Bishoprick of Bremen and Verden, and the Prefecture of the Towne of Wilchusen; with the title of Dukes of Bremen, Pomeren, and Verden, Princes of Rugia, and Lords of Wismar; and by those titles have a place, as Princes of the Empire, in all Diets and As_semblies which concerne the publick. By which agreement (if it hold) the Swedes have not onely got a good footing in Germanie, a strong influence upon all the Counsels of the Empire, a dore open for more forces (if occasion bee) and a free passage into the Western Ocean, which be_fore they wanted: but may in time prove absolute Masters of the Baltick sea, and make the Ham_burgers, those of Lubeck, and possibly the Kings of Denmark and the Empire it selfe, be at their de_votion.

But leaving these things to the doubtfull issue of contingencie, let us next looke upon the forces and Revenues of the Crowne of Sweden, before the time of Gustavus Adolphus, or as hee found it at his succession to that Crowne. For though the Swedes pretend their Kingdome to be elective, especially since the failing of the Royall line in Magnus the fourth and Albert of Mecklenbourg; yet still the eldest son, or next heir succeedeth, unlesse put by, by faction and strong hand, as in the case of Sigismund, and his Uncle Charles. Which Charles so ordered his affaires that having engaged the kingdome in a warre against his Nephew, hee was sollicited at the last to accept of the Crowne: to which he would by no meanes yeeld till a Law was made for the entail_ing of the same for ever unto his posterity, whether male or female, as an Hereditary Crown. But whether Hereditary or Elective, the King once setled in the Throne is an absolute Monarch: ha_ving not onely power to levie taxes on his subjects, as hee seeth occasion, as five, six, seven, eight dollars, or more yearely, upon every housholder, according to the Proportion of his estate; but also to grant a certaine number of Paisants unto such as hee meanes to favour, to bee as subjects and vassals to him, according to his well deserving. And whereas in the constitution of this Government every Parish hath a Landsman or Consul to decide the controversies of the same; as every Territorie hath its Vicount and each Province his Lamen: there lyeth an Appeal from the Landsman unto the Vicount, and from the Vicount to the Lamen; who if they bee supposed not to judge uprightly, then the Appeale lies unto the Counsell, and from the Counsell of Estate to the King himselfe, (in whom is fixed the Soveraignty and DERNIER RESORT) and not unto the King and Counsell, as before in Denmark.

The Forces of this King are either by Sea, or Land. By Sea, hee is Commander wholly of Bodner, and hath a great power in all the rest of the Baltick: being able to set out 70 good Men of Warre; as John the second did in the yeare 1578. seven of which were good Gal_lions; and all the rest did carry above 50 cast peeces of all sorts; besides many other good Vessels fit for service. And if a Navie of this size will not serve the turne, hee is not onely fur_nished with timber, cordage, and all other necessaries for the building of Ships, and with good store of Ordinance and Ammunition for present use; but is able to raise upon a sudden 6000 Mariners, and upon little warning as many more: all which hee entertaineth at no o_ther charges in a manner then to finde them victuals, insomuch as John the second before mentioned did use to say, that that which cost the King of Spaine a Million of Crownes, cost not him 100000 Dollars.

For his Land-forces, they may best be estimated by the Trained Bands, (as wee may call them) in every Province: there being in all 32 Vexilles (or Ensignes) of Foot constantly trained and mustered in the severall Provinces; each Vexille comprehending 600 or 700 men, amounting in the totall to 20000 Foot, all in a manner Musketiers, ready to march whensoever the Kings occasion shall so require. And then for Horse there are eleven Cornets in continuall readinesse, for Sweden, and Gothland, and two for Finland, maintained at the charges of those Countries, to which the King may adde at his owne charges, as many more as hee pleaseth. And for an instance of what this King is able to doe, without putting his estates in hazard by drayning them too drye of men to make good his kingdome; wee finde that John the second in his Navie of 70 Ships spoken of before, had above 18000 Land-souldiers, beside Mariners: And in the Army, which Gustavus Adolphus the late King brought into Germanie, there were mustered no fewer at one time then 12000 Horse, and 34000 Foot, all Finnes, and Swethlanders. For the accommo_dating of which Armies with Artillerie, and the like Engines of war, it is thought that the kings here_of are masters of 8000 great peeces, for the most part brasse, with Mortar peeces and Granadoes in pro_portion to them.

But that which makes his Land-forces most considerable is their hardnesse in enduring the ex_tremities of winde and weather, insomuch that it is usuall with them to stand Centinell a whole Winters night of 18 houres long without being relieved: their exact Discipline, and obedience to their Commanders, and finally their indefatigable industry in making their owne shoes, Apparrels, stockes for Muskets, and all other necessaries. Which doth not onely make them fit to endure any labour which is put upon them in the warres; but keepes them from idle_nesse, and the pride of Mutinies, the ordinary effect in great Armies of sloth and ease. Nor doe they want incouragement on the Kings part neither; who first, gives to every souldier vi_ctuals, which hee accompts not in their pay, and that according to his obedience and desert; 2. If a souldier be taken Prisoner, him the King doth usually redeem at his owne charges: and 3 if a souldiers horse be slain under him, the King supplyeth him with another: which makes the souldiers (very sensible of such obligations) exceedingly conformable unto his commands, how dan_gerous soever they may seem to be.

Finally as for his Revenues they must needes bee great, there being foure wayes allowed him to amasse his treasures. First the Revenues of the Church, consisting before the Reformation of seven Bishopricks and sixty Monasteries, which enjoyed very great possessions; all seized on by Gustavus Ericus, and by him incorporate to the Crowne; excepting onely what is given back to maintaine the Bishops. 2 Mines, which are here of all metalls in very great plenty, except of Gold and Silver, which they have more sparingly; the tenth whereof in all places belongs to the King, and yeelds him such a fair Intrado, that in the yeare 1578. the Kings part out of two or three Mines of Copper onely amounted to 30000 Dollars. 3 Tenths, out of all increase, as Rie, Wheat, Barley, Fish, Oxen, Skinnes, and the like commodities; the summe whereof though not certainly knowne (because the increase is so uncertaine) yet it was once compu_ted that the tenth of the Oxen onely came in one yeare to 18000 Dollars, besides provision for his houshold. 4 And lastly, Customes imposed on Merchandise, and paid in all his Haven Townes for all commodities imported, or exported of what sort soever. Besides all which hee hath his Contributions in all times of warre, power of imposing taxes (though moderately used) as his necessities require: and on the marriage of a daughter, the kingdome is to provide her portion, which of late times hath beene fixed at the certaine summe of 100000 Dollars, besides Plate and Moveables. Out of which severall Items to summe up the totall, it was observed that in the yeare 1578. King John the second, (all charges ordinary and extraordinary being first deducted) did lay up in his Treasurie no lesse then 700000 Dollars: which was a vast summe for those times, considering especially the great charge which the King had beene at that yeare, in furnishing a Navie of 70 sayle, and raising 18000 Land-souldiers, (besides Horse) for defence of his Realme against the Danes. And yet it is conceived by some knowing men that his Re_venues would be much greater then they are, if hee did employ strangers to worke the mines, which the Natives doe not husband to the best advantage; and yet are fearfull to discover them to other Nations, upon some jealousies which they are naturally addicted to: or if hee would turne Merchant, and in his owne ships send out Corn and Cordage with Masts and Timber fit for building, and in them bring back salt and other necessaries, which his kingdome wants, setting them at a farre lesse price then now they goe at, and yet gaining very greatly by it too.

The Armes of this Kingdome are Azure, three Crownes, Or.

There are in Swethland Archbishops 2. Bishops 8. Universities but one, viz. Upsal.

And thus much for SWETHLAND.

&horbar |CSC |Y1666 GLOBE NOTES Per R. H. 1666. NOTES UPON Both Globes Celestiall and Terrestiall.

First concerning the Celestiall GLOBE.

It is the modell of Heaven, but chiefely of the eight sphere, wherein three things are to be observed in generall.

viz.

1. Definition. 2. Delineations. 3. Use.

1. The Definition.

It is a sphericall body, having a poynt or center in the middest, from whence right lines being extended to the superficies they are all equall.

2. Delineations.

Which are these three,

1. The Lines or Cyrcles. 2. The principall points. 3 The Figures or Constellations.

1. FIrst of the Lines or Circles, every of which are actually or intellectually di_vided into 360 equall parts called Degrees, the more principle whereof are these tenn, which make up the Sph�ra armillaris, six whereof are great circles, as be all those which divide the Globe into two equall parts, or hemi_spheres, having the same center with the Globe; And the other foure are called smaller cyrcles, because they divide the Globe into two unequall parts or segments.

The 6 great cyrcles are these.

1. The Horizon is that broad cyrcle upon the frame, this divideth the Globe into two hemispheres, the one which we see, is allwaies above the horizon, the other which we see not is below: And on the horizon are drawn divers cyrcles, viz. of the 12 Signes, and of the dayes of the Months, and the 32 winds.

2. The Meridian is the brasse cyrcle which standeth at right angles to the Horizon, and in which the Globe is hanged and turned about on its poles, which are the ends or extremity of the axis of the World, and upon the Meri_dian, is another little howre cyrcle fastened, with an index moving about upon the Pole.

3. The Equinoctiall is drawn upon the su_perficies of the Globe, in the middest between the two Poles of the World, and the degrees thereof are numbred with 10, 20, 30, &c. to 360.

4. The Ecliptick line, this cutteth the E_quinoctiall in two poynts, and is divided into 12 Signes, each containing 30 degrees, and it passeth in the middest of the Zodiac, for the Zodiac is a broad cyrcle containing 16 degrees in breadth, and is the bounder of the 7 Planets.

5. The Equinoctiall Colure, this cutteth the Equinoctiall at right angles, in the two poynts where the Ecliptick passeth over the same E_quinoctiall line, and so passeth through the Poles of the World.

6. The Solsticall Colure, this passeth through the Ecliptick where it toucheth both the Tropicks, and cutteth both the Equino_ctial and Ecliptick at right Angles, and passeth through the Poles of the World, where also it cutteth the Equinoctial Coloure at right An_gles.

The 4 lesser Cycles are,

1. The two Tropicks, each being parallel to the Equinoctial, and about 23 degrees, and 31 from it. That which is toward the North Pole, is called the Tropick of Cancer; That which is toward the South Pole, is called the Tropick of Capricorne, and these are the bounders of the greatest Declination of the Sun.

2. The two Polar Cyrcles, these are so far distant fromt the Poles of the World, as the Tropicks are from the Equinoctial; That which is next the North Pole, is called the Ar_tick Polar Cyrcle, and that which is next the South Pole, is called the Antartick Polar cyrcle.

There are moreover drawn upon this Globe divers other great Cyrcles passing by the begin_ning of the twelve Signes, cutting each other in two opposite points, and these with the Sol_stitial Coloure, divide the Globe into 12 equal parts, and these are called the Cyrcles of the Longitude of Stars.

Also through every point of the Meridian, there are small Cyrcles imagined to be drawn parallel to the Equinoctial, which are called the parallels of Declination of the Sunne and Stars.

Also the like small Cyrcles are imagined to be drawn parallel to the Horizon, and these are called Almicantars, or Cyrcles of Altitude.

The second thing noted in the Delinea_tion, is the Points to be observed on the Globe.

1. THe more principal are these, viz. The two Points on which the Globe is han_ged and turned about within the Brazen Meri_dian, these represent the Poles of the World, from one of which to the other, there passeth a streight line through the Center of the Globe called the Axis of the World: where Note, that the two Poles of the World are the com_mon Sections of all the Meridian Cyrcles.

2. The two Poles of the Ecliptick, which are the two points in which the six Cyrcles of Longitude of Stars do cross or cut each other, and is near about 23 degrees 30 minutes di_stant from the Poles of the World.

3. The points of Zenith and Nadir, the Zenith is that Point in the Heavens which is di_rectly over our Head, and the Nadir, is on the contrary, directly under our Feet, these two are the Poles of the Horizon, being every where 90 degrees from it, and in these two points do all the Vertical or Azimuthal cyrcles meet or cut each other.

4. The points of East and West, viz. The two points where the Equinoctial cutteth the Horizon; these are also Diametrically oppo_site, and are the Poles of the Meridian being every where 90 degrees from it.

5. The two Equinoctial points of Aries and Libra, being two points where the Ecliptick cutteth the Equinoctial, and are Diametrically opposite, the former is called the vernal Equi_noctial because the Sun coming to it, the spring beginneth; the other is called the Autumnal Equinoctial, because when the Sun cometh to it, the Autumn beginneth.

6. The two Solstitial points, being also dia_metrically opposite, are the two points on the Globe, where the Ecliptick toucheth the two Tropicks and the Ecliptick in their touch point, viz. in the beginning of Cancer and Capricorn, and these two are called Solstitial points, be_cause the Sunne moving in the Ecliptick, near either of them, which is in June and December, it causeth the days to stand still a while, with_out a sensible lengthning or shortning.

Here is to be noted, that the Horizon and Meridian Cyrcles are said to be immoveable, because they are fixed to the same place; but all other cyrcles of the Sphear are said to be movable, because they being drawn upon the Surface of the Globe or Sphere, must needs move about with it in the Diurnal motion, yet other men denominate them by the contrary names.

The third thing observed in the Deli_neations, are the Figures drawn up_on the Globe.

THere hath been 48 Asterismes or Con_stellations observed of ancient time, and about them in this Globe are described cer_tain Figures, not because there are any such Fi_gures in the Heavens, but are only imagined there to give denomination to the Stars of the Firmament, and yet not to all the Stars, for they are innumerable, but onely to such as are most conspicuous, and whereof use may best be made, as occasion serveth.

There are 12 Constellations of the Zodiack, through which the Zodiack passeth, and these give Denomination to the 12 Signes of the Zo_diack, in particular these with their number of Stars.

of old. of late. of old. of late.&aries; 13 21 &libra; 8 17&taurus; 33 43 &scorpio; 21 16&gemini; 18 25 &sagittarius; 32 14&cancer; 9 15 &capricornus; 28 28&leo; 27 40 &aquarius; 42 41&virgo; 26 39 &pisces; 34 36

There hath been 21 Constellations observed on the North side of the Ecliptick, which are called the Northern Constellations, whose names and number of Stars here follow. of old.The little Bear 7The great Bear 27The Dragon 31Cepheus 11Bootes 22The Northern Crown 8Hercules 09The Vulture Cadent 10The Swan 17Cassiopeia 13Perseus 26Auriga 14Serpentarius 24The Serpent 18The Arrow or Dart 5The Eagle 9The Dolphin 10The lesser Horse 4Pegasus or great Horse 20Andromeda 23The Northern Triangle. 4Antinous. 8

There are 15 Constellations on the South_side of the Ecliptick, which are called the Southern Constellations, whose names and num_ber of Stars here follow. of old.The Whale 22Orion 38The River Eridanus 34The Hare 12The great Dog 18The lesser Dog 3The Ship 45Hydra 25The Goblet 7The Raven 7The Centaur 37The Wolf 19The Altar 7The Southern Crown 13The South-fish. 12

Besides the number of the Stars noted in the former Constellations, the modern Astrono_mers have noted divers others, which were left informes by the Ancients, and put them into their proper Figures; as may be seen in some of the Globes put forth since noble Ti_cho Brach, namely, Johannes Jansonius, his small Globes of the Year 1620. And in Petrus Plantius his Globes of the Year 1625.

The new Constellations in North Latitude, are these,

Berenices hair 14The Bee 4The River Jordan 21Camelopardalis 18The River Euphrates 13

The new Constellations in South Latitude are these.

The lesser Crabb 4The Unicorne 22

Moreover because the antient Astronomers lived all in North Latitude, they could not see the starrs which are neer the South pole, but they have been since discovered by such as have travailed that way, and are put into con_stellations, namely these, The Dove 11The Southern triangle 5The apous Indica 12The Peacock 17The Indian 12The Crane 13The Toucan 8 The Hydrus 14 The Phenix 14 The Dorado 6 The Sea Swallow 7 The Camelion 8 The Crosse called Crusero 6 The Flye 4

Besides the Constellations before named, there are some other appearances in the hea_vens, namely, the White broad cyrcle called Via Lactea, or milkie way: and two little clouds observed neer the South pole. Thus much of the Delineations, or things noted on the outside of the Celestiall Globe.

&horbar

The third thing to be observed in Generall is the use of this Globe,

Which consisteth in these three things follow_ing. viz. The knowledge of the

1. Motions. 2. Division, And Operation of the 3. Propositions.

In the first place of the motions which are also three in number, viz. 1. The Diurnall motion. 2. The Proper motion. 3. The Trembling motion.

First concerning the Motions.

1. The Diurnall motion is made upon the Poles of the World, once about from East to_ward the West in 24 howres, and this is also called motus raptus, or the motion of the pri_mum mobile.

2. The second motion is called the annuall motion, and is made within the primum mobile upon the Poles of the Ecliptick, according to the succession of the signes, which is contrary to that of the primum mobile, viz. from West toward East, and this motion is called Motus secundus, or Motus proprius, because that every Spheare hath a motion proper to it self, As that of the Sunne &sun; finisheth once about secun_dum seriem signorum in the space of 12 months, which is called the Solar yeare, Also Venus, &venus;, and Mercurie &mercury;, are moved about the same way in the same time, But the Moon &moon; is moved about in one month, and the Month is of two sorts, for the time wherein the Moon &moon;, departeth from any poynt of the Zodiack and returneth to it againe, is called the periodicall Month, or month of peragration, But the time wherein the Moon departeth from the Sunne &sun;, and overtaketh him againe is called the month of Consecution, or Synodicall month.

this paragraph is printed on an inserted sheet in the original; the sequence of the text on p.15 is therefore not quite clear 3. The third Motion is called Motus trepida_tionis, or the trembling or tottering Motion, made by the eighth Sphere of fixed Stars, and all other inferior Orbs, from North to South, and again from South toward North, and so back and forward by the space of 24. Minutes of a degree. This is the cause of the altera_tion of the greatest declination of the Sun and other Planets. But concerning these internal Motions, more is to be found in reading of the Theoricks of the Planets.

Mars &mars; moveth through the Zodiack in a_bout two Solar years, and that time is called the yeare of Mars &mars;.

Jupiter &jupiter; is moved through the Zodiack in about 12 Solar years, and that time is cal_led the yeare of Jupiter &jupiter;.

Saturne &saturn; in about 30 years runneth through the Zodiack, and that time is called the yeare of Saturne &saturn;.

The fixed Starrs, according to Ptolomie move about the Zodiack in 36000 Solar years; But according to the Alphonsines in 49000 years; And according to Copernicus in 17000 years; But Gassendus hath it 25000 years; And this time is called the great yeare, or Platoni_call yeare.

Secondly concerning the Divisions.

1. First it is called Sphera recta, or a right Sphere, because in such position, the Equino_ctiall cutteth the Horizon at right sphericall angles. The properties of this sphere is to have the poles of the world ly in the horizon, and the Equinoctiall passeth through the Zenith and Nadir; and in this sphere not only the Equinoctiall, but also both the Tropicks, and all other the Equinoctiall parallels, are di_vided into two equall parts by the right hori_zon, which causeth the dayes, and nights, at all times of the yeare to be equall, viz. 12 howres long between Sun rising and setting without alteration, to those who live under the Equinoctiall line.

2. Secondly it is called Sph�ra obliqua, whereof there are so many in number as there be degrees, minutes, seconds, &c. in a qua_drant, And it is called oblique, because the E_quinoctiall cutteth the horizon with an oblique angle; The properties of this sphere is to have one pole elevated above the horizon, and the other as far depressed; Also because in this sphere the Equinoctiall is divided equally by the horizon, and the parallels of the Equino_ctiall unequally, therfore the days, and the nights are equall only twice a year, viz. in the beginning of the Spring, & Autumne, at which times the Sunne passeth over the first points of Aries &aries; and Libra &libra;, but at all other times of the year, the days and nights are unequall.

3. It is called Sphera parallela or a parallel Sphere, because the Equinoctiall being the same with the Horizon, all the parallels of the Equinoctiall are also parallell to the Horizon; In this sphere, one of the poles of the World is the Zenith, and the other is the Nadir, and in this sphere the Sun continueth above the Ho_rizon above halfe a yeare together, and again as long under the Horizon, whereby the arti_ficiall day and night are each about half a year long.

Thirdly, now follow the propositions wrought by the Globe.

1. To find the Suns place in the Ecliptick first find the day of the Month, upon the Hori_zon, and within upon the limb of the Horizon standeth the degree in which the Sun is, this you may apply to the Ecliptick upon the Globe.

To find the Suns Declination.

2. First find the Suns place in the Eclip_tick upon the Globe, and bring it to the bra_zen Meridian, and there account how many degrees it is distant from the Equinoctiall, for the declination of any point in the heavens is its Meridionall distance from the Equator.

The declination of any star upon the Globe, is found by bringing it to the brazen meridian and accounting as before.

To find the right ascention of the Sunne.

3. Move the degree of the Ecliptick where_in the Sun is to the Meridian, and note the degree of the Equinoctiall which cometh to the Meridian with it, for the arch of the Equino_ctiall conteyned between that point and the first point of Aries &aries;, is the right ascention, that is to say, it riseth with it in a right sphere.

The right ascention of a starr is to be ac_counted as before, if the starr be brought to the Meridian.

Of the Longitude as it is taken on the Celestiall Globe.

4. The Longitude of the Sun, is that arch of the Ecliptick which is contained between the first point of Aries, and that point of the Ecliptick wherein the Sun &sun;, is; But the Lon_gitude of a Star is that arch of the Ecliptick which is contained between the first point of Aries, and the section of the Ecliptick with a great circle drawn from the pole of the Eclip_tick through the center of the starr, being reckoned according to the succession of the signes.

Which to finde,

Lay one end of the Quadrant of altitude up_on the pole of the Ecliptick, and the graduated edge thereof, upon the center of the starr, and so it shall shew in the Ecliptick, the signe and degree of Longitude.

Of the Latitude as it is taken on the Celestiall Globe.

5. It is accounted in a great cyrcle distance from the Ecliptick toward either Pole thereof, therefore the Sunn, or any starr being in the Ecliptick, hath no Latitude, but the Moon &moon;, or any other Planet being not in the Dragons Head &ascnode;, or Dragons taile &descnode;, or other stars being not in the Ecliptick, are said to have Latitude so many degrees as they be distant from the Ecliptick toward either pole thereof.

Which to finde,

Lay one end of the quadrant of altitude up_on the pole of the Ecliptick, and the graduated edge thereof, upon the center of the starr, then may you see how many degrees thereof are contained between the starr and the E_cliptick, and that is the Latitude thereof.

But if you want the quadrant of Altitude then take a pair of compasses, and setting one point in the center of the starr, extend the o_ther till in the neerest distance it touch the E_cliptick, and the compasses so opened and ap_plied to the Equinoctiall, shall shew how many degrees the Latitude is.

Here note,

That the declination and right ascention of the Sunn and Starrs, have respect to the Equi_noctiall, but their Longitudes and Latitudes have respect to the Ecliptick.

To rectifie the Globe according to the Latitude of your place.

6. Elevate the proper pole so farr above the horizon as the Latitude of the place proposed, by moving the pole of the Globe so high by help of the degrees of the meridian.

But to rectify for the Suns place is.

7. After the former rectification, to bring the Suns place in the Ecliptick, to the meridian, turning up the index of the howre wheele to 12 at noon.

And to rectifie for the Zenith is,

8. After the first rectification, to fasten the nutt or screw of the Quadrant of altitude at the Zenith, that is, so many degrees from the Equinoctiall as the Pole is elevated.

To find the Amplitude of the Sun or any star that riseth and setteth.

9. The Amplitude is the horizontall di_stance of rising or setting from the true points of East and West, which to find rectify the Globe by the sixt Proposition according to the Latitude, and bring the degree of the Sun in the Ecliptick, or Center of the Starr to the ho_rizon, and therein see how many degrees it is from the East or West.

To find what starrs do not set in any Latitude.

10. By the sixt Prop. rectify according to the Latitude, and turning about the Globe mark what starrs passe between the elevated pole and the horizon, for those (if the North pole be elevated) are contained within the arctick circle and cannot set; for the arctick circle as heretofore it hath been taken, is drawn upon the North pole, through the north point of the Horizon.

To find the time when the Sunn or any Starr riseth or setteth.

11. By the seaventh Prop. rectifie for the Sunns place, and move the degree of the Sun or center of the Starr to the East or West part of the horizon, and then the index of the hower wheel shall shew the time.

To find how the Constellations are scituate at any time of the Night.

12. By the seaventh Prop. rectifie, for the Suns place, and move about the Globe till the index come to the howre desired, and there hold the Globe to shew the present scituation of the Constellations.

To find the Oblique ascention of the Sunn or any Starr that riseth and setteth.

13. By the sixt Prop. rectifie for the Lati_tude, and bring the degree of the Sun, or cen_ter of the Star to the East part of the horizon, and observe the degree of the Equinoctiall which riseth with it, for the arch of the Equi_noctiall contained between the first point of A_ries &aries;, and the point of the Equinoctiall so as_cending is called the oblique ascention.

To find the Ascentionall difference of the Sun &sun;.

14. By the third Prop. find the right ascen_tion, and again by the thirteenth prop. find the oblique ascention thereof, and subtract the lesser of them from the greater, and the re_main is the difference of ascention: for the dif_ference of ascention, is only the difference be_tween the right & oblique ascentions: where note that the difference of ascention is an arch of the �quinoctiall, and is alwaies the time of the Sunns rising before 6 and after 6, the time of the year being considered.

Hereby.

15. To get the time of the Sun's rising to a minute of an howre; turn the ascentionall dif_ference into time, allowing 15 gr. thereof to every howre, and to every degree 4 minuts of an howre; And if the Sun be in the Northern signes the ascentionall difference is the time of the Suns rising before 6 a clock, if in the Sou_thern then after 6 a clock.

Again.

16. Having the time of the Suns rising, be_fore or after 6 a clock, you may get the length of the Artificiall day (that is, the time of the Sunns continuance above the horizon) If the Suns declination be North add it to 6, if South subtract it from 6, and so shall come forth the semidiurnall arch, this doubled giveth the length of the artificiall day; But if the length of the artificiall night be required, then work contrary to that of the day.

To find the time of the day by having the Altitude of the Sunn.

17. First by a Quadrant or some other in_strument find the Altitude of the Sunn above the horizon, and then by the 6, 7, and 8, prop. rectify the Globe for the Latitude, the Suns place, and the Zenith, and bring the degree of the Ecliptick wherein the Sunn is, to agree to the same Altitude upon the edge of the qua_drant of altitude, and then the index of the howre wheele, shall shew the time of the day.

To find the Azimuth of the Sunn by having his Altitude.

18. The Azimuth of the Sunn, is the di_stance thereof, accounted in the Horizon from East West, north or South; by the 6, 7 & 8, prop. rectify the Globe, and bring the Sunns place in the Ecliptick, to agree to the same Altitude on the graduated edge of the Quadrant of Alti_tude, and then the quadrant of Altitude shall shew his azimuth in the horizon.

To find the Azimuth of the Sun at any time of the Day.

19, By the 6, 7 and 8 prop. rectify the Globe, and turne it about till the index of the howre_wheele, do point to the howre given, then lay the quadrant of altitude upon the Suns place in the Ecliptick, and it sheweth the Azimuth in the Horizon.

At any time of the year, to find the time of Day break, or beginning of Crepusculus (if any be.)

20. By the 6, 7, & 8 prop. rectifie the globe and elevate the opposite degree of the Sun at the West 18 degrees above the horizon, and then the index of the howre wheel shall shew the time.

Having the altitude of any known Starr, to find the howre of the night.

21. By the 6, 7, & 8 prop. rectifie the globe and move about the Globe till the starr have the given altitude in the graduated edge of the quadrant of altitude, & then shall the index of the howre wheele shew the howre required.

Having any known Starr at the Meridian to find the howre.

22. By the 6, & 7 prop. rectifie the globe and turn the globe till the same starr come to the brasen meridian, so shall the index of the howre wheel shew the howre.

Of the Poeticall rising and setting of Starrs. COSMICALL.

A Starr riseth Cosmicall when it riseth with the Sunn, and setteth Cosmicall, if it sett when the Sunn riseth.

To find the time of the yeare when a Starr riseth Cosmicall

23. By the 6 prop: rectify, and bring the starr to the East part of the Horizon, and ob_serve the degree of the Ecliptick which is at the east part of the horizon with it, and then find in the circle of the horizon what day of the month answereth to the same degree of the Ecliptick.

To find the time of the year when a Starr setteth Cosmicall.

24. By the 6 prop. rectifie and bring the starr to the West part of the horizon, and note the degree of the Ecliptick at the east part of the horizon, and find the day of the month on the horizon as before.

ACRONICALL.

A Starr riseth Acronicall, when it riseth in the East, and the Sunn is setting in the West; And it setteth Acronicall when it setteth with the Sunn.

To find the time of the year when a Starr riseth Acronicall.

25. By the 6 prop. rectifie, and bring the starr to the east part of the horizon, and note the degree of the Ecliptick cut by the horizon at the West, and find the day of the month an_swering thereunto upon the horizon as before.

To find the time of the year when a Starr setteth Acronicall.

26. By the sixt prop. rectifie and bring the Starr to the West part of the horizon, and note the degree of the Ecliptick cutt at the West of the horizon and find the day of the Month upon the Horizon as before.

Heliacall.

Heliacall rising of a starr is the rising of a starr out of the Sun beams, for then it appeareth be_fore the Sun rising, though before it could not be seen by reason of its neernes to the Sun be_ing within the Arch of vision.

Heliacall setting is when a starr cometh within the Sun beams, or when a starr is ent_ring into its arch of vision, and then cannot be seen setting after the Sunn, by reason of its neernes to the Sun.

The Arch of vision is the Arch of a verticall circle contained between the Horizon and the center of the Sun after it is sett, or before it ri_seth, this altereth according to the severall magnitudes of the starrs, for the greater the starr is, the lesse is the Arch of vision, and contrarie.

The Arches of Vision belonging to the Stars, according to their severall magni_tudes are these.

To the First 12 To the Planets. Second 13 Venus 5Third 14 Mercurie 10Fourth 15 Saturne 11Fift 16 Jupiter 9Sixt 17 Mars 12 2/3Least 18 Moone uncertain.

To find the time of the year when a starr riseth Heliacall.

27. By the sixt Prop. rectifie, and bring the starr to the east part of the horizon, and note the degree of the Ecliptick elevated above the west part of the horizon acording to the arch of vision appertaining to the same starr, and then as before, find the day of the month on the limb of the Horizon, answering to the op_posite degree of the Ecliptick so elevated at the west as aforesaid.

To find the time of the year when a Starr setteth Heliacall.

28. By the sixt prop. rectify and bring the starr to the west part of the Horizon, and note the degree of the Ecliptick elevated at the east part of the horizon, according to the arch of vision belonging to the same star, & by the op_posite of it find the day of the month on the limb of the horizon as before.

&horbar

Description of the Terrestiall GLOBE.

IT is a round or sphericall body, represent_ing the forme of the earth and waters.

On this Globe are also described the ten circles of the sph�ra armillaris, viz. the Horizon, Meridian, Equator, Ecliptick, the two Colures which with the fower lesser circles, viz. the two Tropicks, and the two polar circles.

Besides these common circles there are de_scribed upon this Globe divers other circles passing through both poles of the World, these are called Meridians, or circles of Longitude; Also certain other circles parallel to the Equinocticall, called circles or parallels of ~~Longitude~~ Latitude; Also certain oblique circular lines passing through the centers of certain roses (so called) and these are called Rhombs, Courses, or points of the compasse.

On this Globe are described the known parts of the World divided into severall quar_ters, Europe, Asia, Africa, and America, to which is added the unknown land about the South Pole called Megalanica. And these quar_ters of the World are subdivided into severall Kingdoms and Provinces, as may be seen in the Geographers.

The ZONES.

This Globe is also divided into five Zones, one is called the Torrid or burnt Zone, and this lyeth between the Tropicks, the inhabitants hereof are called Amphiscii, because they have two contrary meridionall shadows in a year.

Two are called temperate, and these lye be_tween the Tropicks and the Polar circles; The inhabitants hereof are called Heterescii, be_cause they have their Meridionall shadow one way all the yeare.

The two frigid Zones, are comprehended within the polar circles; The inhabitants whereof are called Periscii because their sha_dow at some time of the yeare goeth round about them.

The Inhabitants of the Terrestiall Globe, do also receive other names relating to their positions each to other.

The Antipodes are such as dwell diametri_cally opposite each to other, & have all things contrary, as seasons of the yeare, and times of the day.

The Antœci are such as dwell so far remote from the Equinoctiall on one side, as the other dwelleth on the other side, both under the same Meridian.

These have some things common, and some things proper, the common, as to have their noon tides together: Proper as that the win_ter of the one, is the others Summer time, and the longest day of the one, is the shortest of the other.

The Peri�a are such as live in the same pa_rallel of Latitude toward the same Pole, and are directly opposite each to other, both ha_ving the same meridian, These have their Summers, Winters, and increase, and shortning of dayes and nights together, but the night of the one is the day of the other.

Parallels of the Longest day.

Besides the parallels of Latitude formerly mentioned, there are other parallels immagi_ned to be drawn upon this Globe, which are called parallels of the longest day: The first of them is to be drawn at that distance from the Equinoctiall, where the longest day of the year is 12 1/4 howres long: The second where the longest day of the yeare is 12 1/2 howres long: The third where the longest day of the year is 12 3/4 howres long, &c. through places increa_sing their longest day by 1/4 of an howre, till you come to the parallel where the longest day of the yeare is 24 howres long, which is under the polar cyrcles; these being drawn each way from the Equinoctiall toward each pole, divide the Globe into unequall parts or spaces, for though they be equall in time, yet they agree not in equall distance of place, but are greater or broader neer to the Equinoctiall, and are narrower the farther they are from it.

CLIMATS.

A Climate containeth two of the parallels of the longest day, and altereth the longest day by the space of half an howre, beginning at the Equinoctiall, and are in all 24, which end under the polar circle; but the antients, for want of knowledge of the parts under the Equinoctiall made at first but seaven Climats, and called them by names, & afterwards were added two more, which made up their number to be nine. And these of the antients began to be account_ed at 12 and 15� from the Equator.

Propositions on the Terrestiall GLOBE. To find the Latitude of any place sett thereon.

Bring the place to the brazen meridian, and therein account how many degrees are betwixt the Equinoctiall and the place, for that is the Latitude you seek; for the Latitude is but the re_motion of the Zenith of a place fr� the equator.

To find the Longitude of a place set thereon.

Bring the place under the brasen meridian, and then the meridian shall cut the Equinoctiall in the Longitude of the same place; for the Longitude is but the remotion of a place from the first meridian which passeth through the Azores accounting Eastwardly.

To find the distance between two places.

Put the center of the quadrant of altitude up_on one of the places, and the graduated edge upon the other, & the degrees interjacent shall shew their distance in degrees, and these may be turned into miles by multiplying by 60.

To find how one place beareth or lyeth fr� another.

Elevate the pole according to the Latitude of the place where you are, & fasten the qua_drant of altitude at the Zenith, then bring the place where you are to the zenith, and move the graduated edge of the quadrant of altitude to the other place, and then the end of the quadrant of altitude shall fall upon the horizon in the point of bearing.

To find what howre of the day or night it is at any place on the Terrestiall Globe.

Bring the place where you are to the meri_dian, and turne the index of the howre wheel to the howre it is with you at the present, then turne the other place to the brasen me_ridian, and the index of the howre wheele will shew the howre desired.

To find by the Terrestiall Globe the quantity of the longest day at any place assigned.

Elevate the pole of the Globe according to the latitude of the place given, and bring the Solstitiall point of cancer (if the north pole be elevated) to the meridian, & turn the index of the howre wheel to 12 at noon, then if you put the Solstitiall point of Cancer to the west part of the horizon, the index on the howre wheel sheweth the time of Sun setting there, & that is also the semidiurnall arch, & being doubled giveth the length of the day, if it exceed not 24 howres, which end under the polar circle.

But if the place assigned be within the polar cyrcle, then elevate the pole of the globe ac_cording to the latitude of the place, & turn the globe till some point of the vernall signes in the Ecliptick touch the north point of the horizon & note how many degrees of the Ecliptick is from the Solstitiall point of Cancer, for that number doubled giveth neerly the length of the day in our common days, and these days may be turned into weeks or months, &c. Finis.

|CSC |Y1676 A DISCOURSE OF BATHE, AND THE HOT WATERS There. ALSO, Some Enquiries into the nature of the Water of St. Vincent's Rock, near Bristol; and that of Castle-Cary. To which is added, A Century of Observations, more fully de_claring the Nature, Property, and distinction of the BATHS. WITH An Account of the Lives, and Character, of the Physicians of Bathe. &horbar By THO. GUIDOTT, M.B. Physician There. &horbar Virtute vincam Invidiam. &horbar LONDON, Printed for Henry Brome at the Gun in St. Paul's Church-yard, the West end, 1676. Librum hunc dignum judicamus qui Imprimatur Geo. Ent, Pr�ses. D. Whistler Censor.

CLARISSIMORUM MEDICORUM LONDINENSIUM COLLEGIO CELEBERRIMO SPECIATIM VERO EXCELLENTISSIMO VIRO D.D. GEORGIO ENT EQUITI AURATO PR�SIDI DIGNISSIMO NEC NON SPECTATISSIMO IV. VIRATUI D. D. THOM� COX D. D. DANIELI WHISTLER D. D. HUMPHREDO BROOKES D. D. THOM� FRANCKLAND,

CENSORIBUS DOCTISSIMIS RELIQUISQUE SOCIIS ERUDITIONE INGENIO SAGACITATE INSTRUCTISSIMIS HOC QUICQUID EST NOVI DE THERMARUM BATHONIENSUM NATURA ET VIRIBUS SUBMISSE OFFERTT. G.

To the RIGHT WORSHIPFUL, And my Much Honoured Friend, Sr. Edward Greaves Baronet, Fellow of the Colledge OF PHYSICIANS in London, AND Physician in Ordinary TO HIS MAJESTY. &horbar Honoured Sir,

THE kind reception you were pleased to afford a small Pa_per of mine, that had lately the ho_nour to have your Name prefixt, hath given this encouragement to present to your view, a further Col_lection of Experiments touching the same Subject, relating to the Waters of Bathe, a place you were pleased once to grace with your Practice, and still with your Favours, for which a more than ordinary respect is, in gratitude, your due.

Besides, Considering you have so far favoured my late Enquiries, as to assist me by your presence, and be an Eye-witness of some of the Experiments, and are a suffici_ent Judge of them all, I could not fix on any fitter than your self, and the Learned Body you have Relation to, to make this Address unto, or give the Trouble of this present Dedication.

It hath caus'd me sometimes not a little to admire, That the Me_tropolitan Waters of all England, (as I may term Them) to say no more, should lye 2000 years, and it may be much longer, in so narrow a Diocess; for the dis_covery I have made of many Things relating to Them, (of which in part here is some Account) that were never taken notice of by for_mer Persons, and those few Wri_ters that have Treated of Them, will Justifie the Expression.

The Principles formerly were accounted Sulphur, Copper, Iron, and a little Marcasite; of late, Bi_tumen, Nitre, and some Sulphur, which last I endeavour to Confirm, with the Addition of many more, which will partly Constitute, and partly evidence the Nature of these Waters: Besides the beneficial dis_covery of the Rational use of the Bath-waters in Potion, which hi_therto having been but as a good Back-Sword, are now become a Single-Rapier, ready to save, and not destroy, unless ill manag'd by a distemper'd hand.

I confess I did not think to have appeared in this Dress, having de_signed, and in part compleated, as you know very well, something else, that would have better suited with my Condition, the Dignity of the Subject, and the Reputation of These Waters. But finding some hasty Chirurgion that hath already launced what I intended should have had a longer Time to digest, and expecting, as none but in rea_son must, the Pretences of many others, I found my self oblig'd to appear, though in a careless habit, and in a manner undrest, rather than too much to exercise the Pa_tience, if not justly incur the Cen_sure of those friends, whose kind_ness shall induce them to give me a Visit.

And although my Nature in_clines me rather to a diffidence, than presumption on any thing that is my own, yet I must be so far confident as to believe, that the Existence of Nitre in the Waters of Bathe, so much question'd by some, and my particular Concern, is so fully establisht by the fol_lowing Experiments, made with my own hands, as to keep those words upright in my late Letter to your self, wherein I assert it to be un_deniable. And whoever shall take the pains to satisfie himself in that Particular, as I have done, and shall let me know wherein he is dissatisfied, and can convince me to the Contrary, whom I will as_sure he shall not find obstinate, he shall have the Honour, if that be any thing, of making me his Convert, (for I think my sin_gle Reputation a small Sacrifice on the Altar of Truth;) but if not, it will appear, which is no great matter on either hand, that some Body hath been mistaken.

However the Satisfaction is not little, nor the Omen bad, that I have already gained the Appro_bation of a Person so Judicious as your self, who have formerly taken pains on the same Account, and on which side soever the Scales shall turn, I have had this opportunity of doing something to oblige my Countrey, as well as acknowledg my self

Sir,Your most humble and faithful Servant, Tho. Guidott.

A PREFACE TO THE READER.

THat the Reader may be acquainted with the occasion, time, and manner of my making these Enquiries (which are not hasty conclusions, but the product of more mature conside_ration) I shall here premise something concerning that, and also discourse of, as more perti_nent in this place, some other matters tending to the enlargement of the Reputation, and usefulness of the Waters.

Taking therefore into consideration the performances of some before me, and the attempts of others, in my time, which were not satisfactory, and having the ad_vantages of a more retired nature, and constant re_sidence on the place, with those Conveniencies which some others have not had, I thought it worth my while to employ my leisure hours in some Experiments on the Waters, which none had done before to any great purpose, the Waters having hitherto been rather ad_mir'd than understood, if so I might give my own Curiosity satisfaction in that affair. And indeed, no vain glorious humour of desiring to be Popular, which I never affected, nor itch to have my Name in print, which hath been already sufficiently done by the kind_ness of my friends, and therefore needs not any labour of my own again, was the occasion of my entring on this undertaking; but observing the Bath-water was drank by some, and probably like to advance, I could not satisfie my self in advising my Patients to it, un_less I had first made a particular search into what it did contain, it seeming as absurd to me to tell my friends that depended on my judgment for their health and preservation, they should drink the Bath-water, which I knew nothing of, as to advise them to the use of such Spirits, Pills, or any other Medicine, I was ignorant of the composition of, or had procured from others.

Had I found this done to my hand, I could well have dispensed with the confinement and risque this design hath occasion'd, and spent these hours I have done in my Study, as chearfully elsewhere, but find_ing little satisfaction in what had been before perform'd, I first made collection out of the best Mineral Authors, such as Fallopius, Agricola, Baccius, and others, what was the best way to obtain a Sediment out of any Water, and then how to know of what that sediment did consist, making application of this Theory to the Waters of this place.

Observing then the waies of gaining a Sediment to be chiefly four, Evaporation, Distillation, Precipita_tion, and Insolation, the last, as too laborious, I thought fit to wave, and resolved on the other three, Evapo_rating, precipitating, and distilling first small quantities of all the Baths, which gave me encouragement to pro_ceed to greater.

Having obtained a Sediment, which I call the Contents of the Water, the very Notion of which was but lately a stranger here, I trusted not to my single judgment, but made it known to the best Physicians of my acquaintance, with whom I had Converse, particularly my ever honoured friend Sr. Edward Greaves, whose encouragement to this design hath not been little, and also addressed my self in writing to the very Ingenious and Eminent Doctor Willis (whose loss all Ingenious Philosophers and Physicians must la_ment, his many thoughts now dying with him) whose assistance I desired by Letter dated 1.Sept.--73, in these words:

Sir,

THe Acquaintance I had the happiness to have with you formerly in Oxon, and the Civilities you have been pleased to confer on me since, with the readiness you have ever exprest of encouraging all ingenious Inquiries, have emboldened me to give you this Interruption. The desire also I under_stand you have expressed to Mr. Robert Chapman an Apothecary of this City, of a better account of the Contents of these Waters, which hath hitherto I know not how, been too much neglected, and concerning which I have of late made some Ex_periments, hath further encouraged me only at present to acquaint you, that about Michaelmas next, God willing, I shall have a conveniency by a friend of mine, your Neighbour, to send you the true Contents of all the Baths apart, which if you please to examine, and honour me so far as to return me your thoughts of the Ingredients, being doubtless a Compounded body, I shall with all alacrity and obsequiousness imaginable give you a larger account of my Observations, vvhich I forbear to do till you please to favour me with an Answer, that so I may not preoccupy your more exact enquiry. The thing it self being of so grand import, and so well suiting with your own genius, I may promise my self the greater happiness in your Correspondence, &c. which is all the trouble shall at this time be given by

Your most humble Servant, T.G.

According to this Letter, I sent the Doctor what I promised, on the 15. of October next ensuing, by my facetious, learned, good friend, Mr. Alexander Dyer, with this Letter, which because it contains the rude draught of what I afterwards took more pains about, and not much different from what I now publish, I shall here insert.

Honoured Sir,

HEaring nothing of Colonel Morgan, the Person I designed for conveyance of what I for_merly promised, I have now met with a conveni_ent opportunity by my vvorthy friend Mr. Alex. Dyer to present you with as true an Anatomy of the Baths, as my present inspection will permit: viz. The Contents of all the Baths, Kings, Cross, and Hot, in Iron and Glass Vessels; the former &ounce;i. of each, the latter &ounce;ii. or thereabouts; that in Glass being all that one Gallon of the Water of each Bath did afford; the other in Iron, not the whole quantity, but sufficient, I hope, for your satisfaction, that came from four Gallons, the Kings Bath yielding in Iron, on my first Experiment &dram;xiiii; the Cross &dram;xii ss; the Hot &ounce;ix. &scruple;ii: but on my second Trial performed in the late wet weather, much less out of the same vessel, and quantity of water, which may suggest something to Enquiry if I find it hold. But usually out of 4 Gallons in a Vessel of mixt Mettal, I commonly evaporate it in, I have &ounce;i. out of a gallon of all the Baths alike, so that I judge about &dram;ii. to be the common proportion out of a gallon the Water will afford.

Now of these &dram;ii, as I suppose, you will easily discover all is not Salt, but according to my best observation I find a third part only Saline, or &scruple;ii. in &dram;ii: the residue, which I have sent under the name of Residuum Sedimenti non Salinum, will not relent but continues in a gritty nature, and I suppose, consists of two different substances.

The Ochre ariseth in a large quantity, where the stream of the Bath meets with any resistance; but what I am not so fully satisfied in for the present is, that though so much continually is breathed out of the water, nothing yellow is discovered in the Con_tents.

The Oleum Salis Thermarum per deliquium, is only that Salt I have sent you by the name of Sal Thermarum relented in the air, and cleansed from impurities that will subside, but tincted greenish by a touch of Copper it met with in extracting, when otherwise the true colour is more inclining to Amber.

One thing more also I think fit to advertise you of, that in Glass Vessels there is a thin crust in the outside covering that part that is most Saline, as thin as the thinnest Wafer, but not Salt at all, which I have caused to be separated in the Con_tents of the Hot Bath, and put in a distinct glass containing &dram;i. gr. 10; this more flakey and much less, if at all Saline, being only &scruple;ii. gr. 14. The Kings and Cross Bath are alike, mixed here in one glass, only the Hot Bath separated for your further satisfaction.

You have also the Sand, Mud, and Scum, in Boxes by themselves, all which I submit to your more exact scrutiny what names to call these by, which is the grand thing in question, and on which will be built, as I conceive, the truest Hypothesis of the Nature and Vertues of these Waters that hath yet been given, and much different from what hath hi_therto been supposed and presumed on.

I hope to have the honour of a few lines from you, what your thoughts are of the nature of these particulars, vvhich vvill be very acceptable to

Sir, Your obliged humble Servant, THO. GUIDOTT.

Postscript.

IN an ordinary infusion of any of the Contents in Common Water, you will observe a white gritty substance, which will harden into a stone in the bot_tom of the glass, one of which I have sent in the Box containing Sedimentum non Salinum; above that a blewish light, and more dirty substance; then the Salt in the Water to which it gives a yellow tin_cture.

The Doctors business being much on other accounts, I cannot understand he did any thing in this, only in a Latin Letter he had occasion to write me not long after, on the account of an Honourable Patient, for whom we then were both concern'd he takes a very kind notice of my Letters, and Experiments, and gives me thanks in this expression, Clarissime Domine, Multum Tibi debeo pro Litteris & Experimentis Tuis circa Aquas Thermales mihi jam pridem mis_sis, qu� officia Tua ut gratissima habeo, ita compen_sare studebo; but sent me no other satisfaction.

A little after, having an opportunity of obtaining the Contents of many Hogsheads of the Water, I wrought them all of, and came to an exact separation and distinction of Particulars, as expressed in the Ob_servations hereunto annexed, and as occasion served, com_municated my Experiments to my Honoured friends, the Learned and accomplisht Sr. Charles Scarbo_rough, Doctor Thomas Witherley, Dr. Nathaniel Highmore, and Dr. Thomas Harbech. This I think is sufficient to take off the surmise of Singularity, if any such thing by chance should be thought upon.

And here I cannot but admire how a Judicious man should be so far imposed on by any person what_soever, as to imagine, that a satisfactory enquiry into the nature of these Waters was so nice a speculation, as to be inconvenient or useless [according to these words; I have been desirous heretofore to have attempted some discovery of our Baths, according to those Principles: but being thought (by some) either not convenient, or not useful, I was willing to save my labour, which perhaps might have seem_ed not to be worth thanks.] Jord. Nat. Bath, c. 17. in fin. p. 147. For, what can be more necessary, and therefore useful and convenient too, than to know the Principles of any Water we recom_mend our Patients to? and what did all the Mineral Writers that treated of such Waters before him whose authority he uses, but either make such enquiries, or speak by guess? and which of these two is the more useful or convenient, is easily determin'd.

Besides, by this means we act as rational Physicians, and free the Baths and Mineral Waters from that aspersion they labour under, of being accounted Em_pirical Medicines, whereas they are the exact compo_sition of the best Physician, and perform their opera_tions by virtue of the Ingredients they consist of, and the blessing of God Almighty, as all other good Medi_cines and Prescriptions do.

Morever, this way we can better judge of the rea_son of the effects, which without this, perplex the un_derstanding with an ignorant admiration, and we prove no better than the ordinary Spectators at a Puppet-play, who admire the motions, but know no_thing of the hand within that occasions them.

I confess indeed, his thinking his pains might not have deserved thanks, might somewhat discourage him; but a man of Resolution would have considered that things of this kind, subjected to publick view, would fall either into the hands of understanding, ge_nerous and unbiast persons; or else ignorant, self_interested, and narrow Souls: the former ever have been, and will be ever ready to give what encourage_ment ingenuity shall deserve; and for the other, they are not much to be regarded, being best brought to a knowledge of themselves by an understanding of their errors; and as their mouths are no slanders, so their thanks are but slender, if any, commendations. And thanks be to God for it, there have been and now are many worthy, brave, and generous Spirits in this our Nation, who can discern and make distinction 'twixt things that differ, else bad would be the condition of those that have broken through that opposition at which others have boggled, and think it no disparage_ment to undergo rude Censures from the ruder multi_tude, in prosecution of a design for publick advantage.

Although the Credit of the Waters hath been pre_served by Bathing, and advanced by Drinking, espe_cially these two Summers last past, yet a far greater degree of Reputation may be acquired, by a more par_ticular account of the more remarkable Cures that are annually wrought, principally thereby; which be_ing digested into the nature of a Register, would mightily conduce to the satisfaction of those that seek remedy here in the like distempers. And although I have endeavoured what in me lay to promote so neces_sary a good work, yet such is the stupidity of some to things of their own advantage, that nothing of this nature hath yet been performed, although recom_mended by the learned Doctor Jorden, then practising on the place, and often inculcated, though with like success, by my self: N.B. Ch. 18. in fin. p. 163 So that to the wonderful honour of those on whom it must reflect, the Waters have been more beholding to the gratitude of Forreigners in registring their own Cases, than to the care and duty of those that are at home. I shall instance in the Case of Sr. Humphrey Lloyd, who having received a hurt in his Hip, by the kick of a horse in Milain, was grievously afflicted with a Sciatica for a twelve months time, and after having made use of much Physick, from several Physicians, to little purpose, in only six daies using these Waters was perfectly recovered. His words are these; Fragm. Descr. Brit. p, 16. Alia Belgarum urbs, Ptolom�o, Aqu� Calid�; Antonino, Aqu� Solis; Britannis, Caer Badon; & Anglis, Bathe dicitur, Balneis A_quarum Calidarum saluberrimis clara; Cujus rei ego certissimus testis esse possum. Nam c�m ex ictu equi Mediolano, in Italia, excepto, dolore Schiatico duodecim continuis mensibus laborarem, diversisque Doctissimorum Medicorum auxiliis non convalescerem, his Balneis, cum tantum sex diebus usus essem, sanitati pristin� restitutus sum.

And that I may mention one fresh in the memory of all, whose gratitude in this kind deserves a remem_brance, Mr. John Revet, an aged man, hath very late_ly publickly testified his cure of an Hemiplegia, in a months bathing, by an Inscription round a very fair Brass ring, on the right hand of the Entrance into the Queens Bath out of the Kings, after this manner; Thanks to God. I John Revet his Majesties Bra_zier, at 56 years of age, in this present month of July 1674, in this place recovered a cure of health and limbs, of the Dead Palsey, on one side, from head to foot.

That this way of Registring of Cures was also thought necessary, and recommended before the time of Dr. Jorden may appear from the words of Mr. Jones, an honest Cambrobritan (whose authority I am constrained to make often use of in the following discourse, in regard he is the only man that hath treat_ed any thing largely of these Waters,) which I re_cite as they are, being the plain words of an honest meaning man. I wish, saith he, that you leave a Note of the Commodity received, and a knowledge of your condition and calling in the Records of the Mayor of the City, where it shall be registred, until a Physician be appointed, who then shall be joyned with the Mayor, paying to the Poor-man's Box, and 4 pence for Registring your benefit received there. Bathes Aid, lib. 4. fol. 33. [And in another place;] Buxtons Benefit, fol. 22. Alway provided the day of your coming thither be noted before you enter into the Baths, and the day of your departure, with the Country of your habitation, condition, or cal_ling, with the Infirmities or cause you came for, in the Register book kept of the Warden of the Bath, or the Physician that there shall be appointed, and the benefit you received, paying four pence for the Recording. This Register may be so contriv'd as that the Patients name, or only letters thereof, as shall be thought expedient, with thir place of residence, distem_per, and time of using the Waters, may be exprest in short; a model whereof, in many instances, we have in Jo. Bauhinus de Aquis Bollensibus, lib. 1. cap. 17.

And whereas mention is here made of the Poor_man's Box, it gives me a good occasion to remind this Age, of what prudent and charitable disposition the former Age was, in which for the necessary support of the many Poor that came hither for relief, (now sufficiently numerous, and burthensom too) Repara_tions and Conveniences of the Bath, and other good uses, a Tax, or Pole-bill was made, and willingly con_sented to by the users of such Waters, by which a cer_tain reasonable rate, or sum, was required of every man or woman of all conditions, from a Duke to a Yeoman, by which all Clamours, now too frequent, were prevented, and all occasions of Exactions taken away, no person paying, or requiring more than what was commonly known to be their due, reserving their Gratuities to dispose of as they please. The mony collected to be put into the Treasury of the Bath, and intrusted in the hands of one or two honest and suf_ficient persons, who should every Michaelmas give up their Accounts, and dispose of good part of the mony chiefly to the use of the poor abroad that come with good Certificates, or accounts of their condition, to be approved of by competent Judges in this case, and other necessary, good, and charitable uses, as shall be thought requisite; provided the Baths, Pumps, or any of their appurtenances be supply'd, and kept in good order and repair. And this was never intended in any violent or compulsory way, but only as a fair proposal to the better disposed persons, who by their good example, and readiness to comply in this particular, may have an efficacious influence on the more captious and excepting, to beget in them a better understand_ing of this charitable, and orderly design.

Neither can this Tax in reason be imagin'd to be prejudicial to the Waters, as some others are reported to have been; on the imposition of which the Waters are said to have lost their virtue: for however the truth of such stories may be admitted, which are de_liver'd by credible Authors, and I cannot contradict, yet certain it is, that if any such thing ever hap_pen'd, it was either on the restraint of a publick re_sort, by denying Poor people the use of the Waters, or else by an Impost collected by the Officers of the Prince to his private advantage; whereas this is only to pre_vent exactions, and moral abuses, between man and man, and the Poor rather hence to be relieved than exacted of, with a probability of a much greater re_sort that will be procured by a reasonable demand, and good order withal.

The overplus of this Collection, if rightly manag'd, and the years prove lucky, may in a short time, make a purse for the covering one or two of the Baths also, whereby the Waters would be rendred useful all the year, which by reason of the coldness of the ambient Air, and fear of injury thereby, and no other, are thought not so fit to be used in the Winter season, the Waters then being as effectual as in Summer.

And this would be agreeable to the use and custom of most of the Baths in Europe which are cover'd, and thought by the best Physicians to be a means of keeping the Waters to an even Temper, being an equal defence against the wind and cold of the Winter, and the troublesom heat of the Sun in Summer; so that nothing external causing alteration supervening, the benefit of the Waters may be safely received from the first of January, to the last of December, which would be much for the relief of those infirm persons that require a longer stay than ordinary here, and by their so long absence from the Bath, do but weave Pe_nelope's web, undoing in the Winter, what is done in Summer; whereas if they did in this manner, as we say, follow their blows, they probably would not only prevent a relapse, but set themselves in a way of perfect recovery with one resolution, without many comings at several seasons, being many times not so well at their second coming, as they went away on their first season of bathing.

For this use I think the Queens Bath most con_venient, both in regard it is but small, and also more especially for the conveniences of the Slips, and Hou_ses about it, where it is almost no more than out of Bath, into Bed; and if well cover'd, and care taken in rising, may be as well as if a man made use of a Bath in his own house or Chamber where he lies. After which the Cross Bath may follow, if it be thought fit, the Kings, and Hot, being kept open still.

But against this I foresee two Objections will be made. First, That it will be inconvenient in the Summer time to sit so close, if no offence doth a_rise from the steam. And, Secondly, That it will be injurious to the Lights about the Bath.

To the first, I answer generally; That those per_sons that desire good, will think nothing an inconve_nience that is in order to it, and those that come for pleasure may be somewhere else; yet that it may ap_pear to be made out some other way, I suppose the increase of Heat, which sometimes that Bath wants, procured by keeping the Air out, and the steam in great measure in, (which yet will not be more than will well be endured) will make a sufficient recom_pence for this supposed molestation. And as for the Steam, a vent hole, or Tunnel at the top, will so dis_charge, that it may not be offensive or troublesome at all.

As to the Lights, the Cross Bath will certainly inconvenience none, and the Queens may be so con_triv'd, if made flat, as to do the same but if built more erect for gaining room below, there will be but a very little blind, or perhaps none at all, to the lower Windows on the Hart lodging side, which house, by reason of the accommodation of the Slip thereunto belonging, being, in all probability, likely to partake most of the profit, may contribute a little in this kind. But to avoid all exception, the Cover may be so made with shutters on a Timber frame, that it may be easily taken off if there be occasion, and as soon closed up again, if necessity shall require.

One thing more I shall only add, which as a means to establish greater order and content, with submission to more political judgments, I here propose, That I con_ceive that the persons having dependance more imme_diately on the Bath, may be better paid by Salaries, than the Numquam-satis-arbitrary way now on foot; That their number may be lessen'd, being by that rea_son, and (the consequent thereof) their necessity, only such as repine at now, and prey one upon another; and that two Serjeants, four able men to manage the Pumps, and cleanse the Baths, four Women to intro_duce and place the Females; with twelve Chair-men, may be sufficient. The Salaries to be paid them by the Officer in chief, collected by the Serjeant, and raised by a moderate demand by the Pole from the Users of the Waters, according to their conditions, quality, and time of stay at the Bath, expressed in a Table for that purpose mentioned before; and if any other clamorous demands, uncivil deportment, neglect, or want of duty, should at any time happen in those Servants, upon complaint made, to be animadverted on, suspended, or discharged by the Authority under which they are. These things some may make light of, but the Prudent will consider.

T. G. &horbar

THE CONTENTS. CHAP. I. THe Introduction, Chap. II. The Opinion of a late Author concerning the Nature of the Baths of Bathe, Chap. III. An Examination of some particulars in the former Chapter, Chap. IV. Of Nitre in the Bath-water, Chap. V. Of Sulphur in the Bath-water, Chap. VI. Of Vitriol in the Bath-water, Chap. VII. A further proof and illustration of former particulars, Chap. VIII. A Letter formerly written to Sr. E. G. Chap. IX. Of the Antiquity of the Baths and City, Chap. X. Of the Roman Antiquities in Bathe, Chap. XI. Of the Abbey Church in Bathe, Chap. XII. Of the Baths of Bathe, Chap. XIII. Of the use of the Bath-water in Potion, Chap. XIV. Of the vertues of the Bath-water taken inwardly, Chap. XV. Of the Water of St. Vincents Rock near Bristol, Chap. XVI Of Castle-Cary Water. A Century of Observations, The Lives and Character of the Physicians of Bathe,

two page pictorial map of Bath

A Discourse of BATHE, AND THE HOT WATERS There. &horbar

CHAP. I. The Introduction.

HAving formerly, in the year 1668, annexed a brief discourse of Bathe to one of Doctor Jorden's of Natu_ral Bathes and Mineral Waters, un_der the name of an Appendix con_cerning Bathe, by which and some other pains I had taken about the Treatise it self, I thought I had obliged (as was the opinion of most) not only the Relations of the deceased Au_thor, but all his Friends and Well-wishers; but meeting, contrary to all expectation, with rude and unhandsom returns from an Impudent person, to whose Temper the modest Doctour was a great stranger, and of whose behaviour he would be much asham'd, were he now alive; who on his pretended relation hath repaid me with ill lan_guage, and foolishly threatned me with Trouble for my good will. Now to put an end to all disputes of this kind, I have thought fit to appeal to any understanding person, that hath his senses exercised, and his wits about him, (for all have not, and some have none at all) whether my Additions have been any impair to the Doctor's Reputation, whom I have treated with all the Civility imaginable; and for the Sale of the Book (a good argument of its acceptance) I believe there were not more sold in the Doctor's life time, of what he printed himself, than went off the first year of my Impression. But to silence all Cavils and silly Objections of this nature, I have discharged that Author, and published in this discourse my own thoughts and Observations, and how much different they are from his, or agreeable to Truth, may best be de_termin'd by the ingenious Reader.

I did intend indeed, according to my Promise in the end of my Preface to the Editon of Dr. Jorden, to have amplified that small discourse into an History of Bathe; but finding no encouragement since to that de_sign, and many things that have made me alter my resolution, my intentions are to wave that, and apply my self, in some convenient time, to the Roman Court, where I shall have a fairer Trial, and more Justice done me. In the mean time, I hope this may in some measure stop the gap, and release me of my obligation to the Candid world; especially consi_dering that the Antiquities of the Baths and City can hardly, I think, be improved higher, and the Mystery of the Sacred Waters of Minerva, is not to be profan'd, which it wants little of if idly pro_stituted to vulgar Capacities; which, besides that they are incompetent Judges in other matters, are apt to put a sinister interpretation on those very things, that really are, and were so intended for their own advantage; neither had I published the Observations I now do in this language, had it not been on a more particular account.

The ill Usages and great Indignities I have al_ready met withal, from an ungrateful people, in the prosecution of my design of making further En_quiries into the Nature of those Waters, are not here to be mentioned; they are sufficiently known to be products of Envy and Malice, and as I have hitherto contemned what pitiful opposition could be made against me by the united strength of En_vy, Pride, Beggery and Revenge; so I shall not surcease my Thoughts in due time of performing that which will be better esteem'd by more Judici_ous persons, and render me and my design most acceptable when best understood. It was a fit re_turn of a grave Divine to a vainglorious opposer of his good Inclinations, Nec propter Te cœpi, nec propter Te desinam. Thou, Satan, said he, hast nothing to do with my Concerns, for thou art at neither end of my design; and as I did not begin to do thee a kindness, so I will continue notwithstanding thy rage. Such unclean Spirits have no more to do with pub_lick affairs, than to interrupt the quiet of better than themselves; and are like a troublesom Curr on the Road, that doth little else, with a besom tail and a whiffling bark, than make a man well mount_ed look back, his horse kick, and so returns.

It hath ever been the fate of New Discoveries to meet with Course entertainment at their first appearance; and whereas men are usually courteous and civilly demean'd to strange Persons, they treat strange Opinions and new Inventions at another rate. 'Tis the only Policy accounted to keep a bal_lance among men, and if any one by a more than ordinary industry and God's blessing on it, hath made at any time a conquest in the Intellectual world, whereby 'tis thought he may get the start of his Neighbours, a rotten Cabal shall make head a_gainst him, and perhaps, use him with as much se_verity as a forceable Intruder on another's right; whereas the Secrets of Nature are free to all, and the Victor here enters not by Blood, and Rapine, and Tyrannical oppression, but in a way both innocent in it self, and advantagious to others.

When I reflect on the hard measure the Re_nowned Dr. Harvey met withal from the pride and peevishness of some conceited Brethren (who esteem nothing Currant but what bears their image and superscription, if not minted in their own brain) on his first demonstration of the Circulation to the World, I cannot but conclude, if I had no other instance for it, That neither Ingenuity, Learning, Modesty, nor any thing that is good and truly valua_ble can give protection from, though a sufficient antidote against, the poyson of Envy, Envy, that spreading Ring-worm, that Ubiquitarian infection, that Canker of what is found, and Rust of what is bright! to be found almost in all places, in Town and in Country, in the Shop and in the Street, in the Tavern and in the Ale-house; it hovers over all, and pitches where it can, till at last, if it hurt not others, it preys upon it self:

Thou wicked Fiend! that ne'r didst good, But hast perversly it withstood, And ever will, till Time shall be No more, or We Be rid of Thee.

But to pass by things of this nature with that of the unconcerned Gr�cian to as abusive persons, Exesti klazomenois aschēmonein; or that of Tacitus, Convitia spreta exolescunt, the best answer being nothing at all; I shall rather chuse to acquaint the Reader, That whereas I conceive, when I writ my Letter of Observations, that Bitumen and Sul_phur were not primarily concern'd in the Body of the Waters, and therefore no way observable in the Contents; by fresher Experiments and Observations of a later date, I am inclin'd to believe, that Sul_phur is one ingredient in the Contents of the Wa_ters, though not proportionable in quantity to the Salts, and lost in the bringing them to a better co_lour. For if two or three ounces of the Contents, which at first much resemble the courser sort of Sugar, be put into a Crucible in order to fusion, when the Crucible is red, and before the Salt doth run, there is the perfect colour and smell of Brim_stone, insomuch that it may be sensibly discerned in any part of the room, and as the Salt draws nearer the state of Fusion, the Sulphur wasts and is dimi_nished; so that as dross or Recrement it burns off in Calcination, and is no way concerned in the refined Salt, though one Ingredient in the Waters, and contained in their body.

I shall further add, that I made a Lixivium of the Salt calcin'd before fusion, when probably the Sulphurous parts, or so reputed, were not all con_sum'd, and observ'd so great a fœtor in the Lixivi_um representing Sulphur so effectually to my smell, that it presently obtain'd the Testimony (if that be any thing) of that sense.

CHAP. II. The Opinion of a late Author concerning the Nature of the Baths of Bathe.

AND here I cannot but take notice of a Novel Writer, who Magisterially thus determines: Joh. Mayow LL. D. & Med. Quod ad Nitrum & Sulphur attinet, quibus Thermas Bathonienses imbutas esse hactenus creditum est, eorum neutrum Aquis Thermarum istarum solutum esse arbi_tror: As to what concerns Nitre and Sulphur, with which the Bathes of Bathe have hitherto been thought to be impregnated, I suppose there is nothing of either of them dissolved in the Waters.

A bold assertion! which had it been vented and believed but 50 years ago, would have prevented much trouble in evincing the contrary; but, since 'tis in fashion to be peremptory, I do assert, That both Nitre and Sulphur are to be found in all the Bathes of Bathe, and that dissolved in, and mixed with, the Body of the Waters. In order to the Proof of which, I shall take some account of the forementioned Author's 15th. Chapter of his Tract of Sal-Nitre, the arguments he hath against it, and his opinion of the contrary.

His words therefore, as well as I can translate them, are these:

"Among the most celebrated Bathes, we may justly reckon those of Bathe, in which admirable Waters, a continual Vestal and sacred Fire is maintain'd , as if things of a most different na_ture were interleagu'd. Before I come to the manner how these Bathes receive their Heat, it will not be improper if I make some enquiry into the Contents of these Waters.

It is therefore manifest, that the Bathes of Bathe are impregnated with a certain Salt of an acid na_ture, for if any Salt alkali, or volatil Salt purely salin'd, be mixed with these Waters, a precipita_tion will ensue, and the Waters will become tur_bid, and of a milky nature.

Moreover, The Bathe-water powred on boyl_ing Milk, will coagulate it, as any other acid doth.

Neither doth this acid Salt seem to be the only Salt of the Bathe, but is complicated with an Al_kali; for if the Water be evaporated quite away, a certain Salt of a more fixt nature will be found in the bottom of the vessel, which, on the powr_ing of any acid on it, will ferment.

Of the same nature also are the Mud and Sand of the Bathe, which are wrought up with the Springs; for any acid liquor being powred on them, an Ebullition will follow.

There may be also observed in these Waters a Salt, or rather a Lime-Chalk kind of Earth, sticking to the bottom of the Gouts, or passages, almost in all places where the Water passeth.

From what hath been said may be collected; That the Bathes of Bathe are impregnated with a certain acid saline Salt, and the Salt of the Bathe seems not much unlike Tartar vitriolated, or Aluminous Salt.

The Reason why these Salts destroy not one another, but each of them ferments with its con_trary Salt; may be understood from what hath been delivered in the former Chapter: To wit; These Salts are so imperfect, that in Conjunction they cannot destroy one another. But more of these Salts, hereafter.

As to Nitre and Sulphur, with which the Bathes have hitherto been thought to participate, I sup_pose, That neither of them is dissolv'd in those Waters.

That there is no Nitre in the Waters appears by this, That the Salts that remain after the Eva_poration of the Bathe-water, put on a Coal, burn not, as Nitre doth. Although I shall not deny, that those immature Salts of an Alkali nature, (which are also contained in the Sand, and If that be meant by Fimus in the Author, to express which, Limus or Lutum had been more proper. Mud of the Bathe) being expos'd sometime to the air, may, perhaps, by its influence be converted into Nitre.

As to Sulphur, which hath been so much re_ported to be in all Bathes, 'tis not, I believe, dissolved in these Waters. Because,

If a Solution of Alom, Vitriol, or any other Salt, whether acid, or fixt, be mixed with the Water of the Bathe, Sulphur discovers not it self to be precipitated, either by a fetid smell, or any other sign; which notwithstanding in the Soluti_on of Sulphur in the water of unflak't Lime, or made into a Lixivium, doth appear, where the Sulphur by the affusion of any acid Liquor is precipitated.

I am not ingorant that the Water of these Bathes, if Salt or Tartar, or a purely vola_til Salt, be cast into it, will presently turn white, as is declared before; which colour proceeds not from Sulphur, but a stony, or Aluminous matter precipitated, not much unlike to what is observed in the Water of unflak't Lime, when any fixt Salt is mixed therewith; in which notwithstand_ing it is not supposed the Sulphur is dissolv_ed; for if Sulphur be boyled in Water of un_flak't Lime, the Water becomes white, not by the affusion of a fixt Salt, as before, but of an acid; so that fixt Salts may dissolve Sulphur, but not precipitate it. Wherefore if Sulphur be contained in the Waters of Bathe, they would be precipitated, not by a purely saline, as former_ly, but an acid Salt, and the Sulphur so precipi_tated would discover it self by a fetid smell, which it doth not do.

To which I add, That an acid Salt, or some_thing Aluminous, doth seem to predominate in the Bathes aforesaid, so that they become altoge_ther unfit to dissolve the Sulphur.

Moreover, If Common Sulphur be boyled in those Waters, they are never tinged with a yellow or Sulphurous colour, neither can Sulphur, by any means, be precipitated from the decoction, as I have often experimented.

And therefore I much admire the famous Wil_lis, in his Treatise of the heat of the Blood, should affirm, That Sulphur boyled in Bathe-wa_ter may be dissolved after the same manner, as if boyled in Water of unflak't Lime.

Now if Sulphur seems to be dissolved in the Waters aforesaid, the occasion of the mistake, I suppose to be, That the decoction was made in a vessel, in which some fixt Salt had been decocted, so that the Solution of the Sulphur may be made by some particle of a fixt Salt, with which the vessel might be season'd.

Concerning the Baths of Bathe, 'Tis the com_mon Opinion that Silver dipped into them is co_loured yellow, in the same manner as if it were cast into a Solution of Sulphur, and hence it is supposed that the Baths have Sulphur in them; but experience evinceth the contrary; for Silver put into the Bath-water becomes not reddish, or yellow, but rather black.

The mistake may seem to arise from this, That 'tis customary with the Bathe-Guids to tinge, and as it were guild over pieces of Silver with a Salino-Sulphurous Mud, or Dung, such as is often found in houses of Office, and put them off to Strangers, for a little profit, as if they were coloured with the Bathe-water.

And here this is to be noted, That a kind of Bituminous Mud, with a small pittance of Com_mon Sulphur, is brought up with the Springs, which only swims on the top, or else continues at the bottom, but never is dissolved in the Waters themselves.

Neither is Sal Armoniack, as some imagine, to be found in the Waters; for if on the So_lution of Sal Armoniack, Salt of Tartar be in_jected, the purely saline volatil Salt (of which Sal Armoniack in part doth consist) being at li_berty from the acid Salt, to which it was former_ly united, will presently fly off into the air, and will quickly be disover'd by a pungent affecting the nostrils, which is never observ'd in the Bathe_waters.

Lastly; As to Vitriol, the Crosse and Hot Bathe seem to have none at all; for if Galls are beaten, and infused in these Waters, they nei_ther turn purple nor black; which would cer_tainly be, if these Waters had Vitriol in them.

The King's Bathe seems to have a little Vitriol in it; for if some beaten Galls are cast into that Water, it will have a light tincture of a black purple colour.

'Tis also to be noted, That a certain Minera, for Mine_rale, is corrupt_ly, though Chymi_cally, used here Mineral of a Metallick nature, ariseth out of the Earth, with the Springs of the Bathe, which is easily turn'd into Vitriol. For if any acid liquor be affused on the Sand (which breaking out with the Springs, is found in the bottom of the Bathe) it being corroded with an acid Menstruum, not without a remarkable effervescence, will in part be converted into Vitriol, just as it happens to the filings of Irons corroded with an acid liquor.

For if that Sand of the Bathe corroded with an acid liquor, be put into the Infusion of Galls, the liquor acquires an atropurpureous colour. Whereas if the Infusion of Galls be put on the Sand newly taken out of the Bathe, and not cor_roded with an acid liquor, it will, by no means, be of a purple colour; an apparent sign, that the Metallick Sand of the Bathe, unless corro_ded with an acid Menstruum, doth not turn to Vitriol.

It is further observable; That the Sand of the Bathe kept some time, and exposed to the open air, will of its own accord, be converted into Vitriol; for if that Sand be mixed with the Infu_sion of Galls, the Water will contract an atro_purpureous appearance.

Moreover, If it be laid on the Tongue, it hath a perfect Vitriolick taste; and no wonder, for the Nitro-�reous Spirit, after some time, closeth with the Metallick Mineral, and Salino_Sulphureous Marchasite, of which Vitriol useth to be made, mixed in the Sand, and causeth it to ferment, and at last, as was shewed before, con_verts it into Vitriol, &c."

CHAP. III. An Examination of some Particulars in the former Chapter.

HOW far this Author hath ploughed with my Heifer, I leave to the consideration of those that have been any way acquainted with my design; and shall only here take notice, what Observations are agreeable with, or different from those I have often made with the greatest exactness, and repeat_ed Trials, submitting all to the unbiast judgment of Indifferent persons.

And first of all, I concur with him, that the Baths of Bathe are in part impregnated with a certain Salt of an Acid nature; but why this acid Salt should be called Aluminous, I am not yet so fully resolv'd, as much on other accounts, so some_what on this, That although an acid Spirit be in Alom, yet the most perceptible taste is either acerbe or austere; which being not observed in these Wa_ters, I have so much reason to judge Alom not predominant, as asserted here.

The Experiment he mentions of precipitation or alteration of the Waters to a milky colour, or almond Milk, we owe to the Ingenuity of the In_dustrious Mr. Stubbe, who, though he had not the good hap to discover what was precipitated, yet gives it the general name of an insipid Magistery, and is nothing else but Freestone finely wrought, and intimately mixt with the body of the Wa_ters. Pl. ult. red. To a Nonpl. p. 135.

If any blame me for calling it by so homely a name, I desire they would consider, that I had rather call it so than a Metallick Mineral, or a Sali_no-sulphureous Marchasite, supposing it more agreea_ble to all their apprehensions that will be concern'd in things of this nature, and whom I would not have abused with hard names and uncouth ex_pressions; the effect of Ostentation, or sanctuary of Ignorance.

That this is Freestone appears by this, that 'tis insipid, gritty, scowrs, leaves a white colour like Chalk on the fingers after it, and is inclinable to an union into a stony consistence.

That this is not Calx vive, or any lapis Calca_rius that holds affinity with it, I am much induced to believe from this, That neither the Insipid ma_gistery, nor the more gritty powder, being no_thing different but in fineness and colour, will, either alone or together, open the body of Sul_phur, which is usual with Calx vive, as I have fully experimented by decocting two parts of the powders with one of Sulphur in a proportionable quantity of Water, which gave the water very lit_tle alteration, and as little was precipitated. See Obs. 83 To make it further evident, I calcin'd a large Cruci_ble of it with as strong a fire as could well be given, yet nothing quick or limy did appear, but dead and gritty ashes, which, mixed with water, neither made it white, nor created any disturbance. But more of this in what will follow.

That the Bath-water will coagulate milk, I con_fess, but not as any other acid liquor doth; for this doth is sooner upon affusion, and makes a hard curd; that with the Bath-water, must boyl again and that pretty smartly, else a soft white Curd, as commonly it is, will not appear.

I also agree with the forementioned Author in this, That there is a considerable quantity of an Under this Notion, I take the liberty to understand Common Salt, or Sal Mari_ne, consonant to the proper no_tation of the word: for the Salt of Kali or Glassewort is Marine, though used indifferently by the Chymists for the fixt Salt of any Vegetables, by Cal_cination. Alkalizate Salt, mixed with some other Salt in the body of the waters, and apparently distin_guishable by the taste, as well in a Lixivium made of the Contents of the waters, as in both the Courser part, the result of the Evaporation, and also the purer part, when made white and refin'd; and that this Alkali doth constitute good part of the Saline matter, with which the Baths are im_pregnated.

For I am apt to believe, that great part of the acidity is breath'd off in evaporation, either in the Bath or over the fire, or both ways together, in re_gard very little of that taste is perceptible in the Salt extracted, but the Saline is easily discover'd. To the confirmation of which the acting also of acids on it may somewhat conduce, and the expe_rience of many this Summer, who according to my directions have dissolved the Salt in the Bath_water to improve it, and have sensibly found an in_crease in the other taste, but little or nothing at all in acidity.

Neither doth the Lixivium, though made very strong, nor the Oleum per deliquium dropt 20, 30, or 40 drops into a small proportion of water, tinge with Galls either purple or black.

I may also urge as an Argument for the evapo_ration of Vitriol, the abundance of a yellow Ochre which ascends with the steam of the Bath, and is there chiefly to be found where the steam of the Water meets with any resistance, as I have noted elsewhere, which probably may be the Terra Vitrioli: And although 'tis not very easie to give the reason, why the Vitriol should not be as visible as the Ochre, or else make it more acid than we find it to be; yet if we conceive it to be in succo primiti_vo, aut Solutis principiis, and there per halitum, and so per transitum too, it may better be conceived to go off, and not imbody as the other Salts do. Yet that all the Acidity is not breathed of, will appear from this, That the Bath-water cold will coagulate Milk. And what is more, the same water distill'd from a gallon to a pint, a fourth part of that pint will make a curd, when the distill'd water in the Receiver will do nothing at all: Which may pro_bably proceed either from something Vitrioline, or rather from the acidity of Sulphur, in regard the Salt made white, in which is nothing wanting but the Sulphur, will not coagulate, as the water doth; whereas the browner Salt before calcination, dissol_ved in Spring-water, will. So then, this Alkali is but one part of the fixt Salt, found in the bot_tom of the Vessel after evaporation ad siccita_tem.

For a further confirmation that an Alkali is contained in the waters, which, considering the Quantity that may continually be made evident both to sight and taste, will scarcely be judged to need other demonstration. Yet 'tis observable, that the Cross-Bath having lately been kept drawn four or five daies, the Saline matter not meeting with water sufficient for its dissolution, was driven up in substance from the Springs, and again reverberated by the ambient air, and incrustated on the tops of the stones that were above the water in the bottom of the Bath, which gave me some divertisement to behold, and, on examination, appeared much alkalizate both by taste and ignition; some pungency also I observ'd in it, which I rather judg'd to proceed from the acrimony of Nitre than Tartar, but the predominant taste was clearly alkalisate, which after the Nitrous parts were wasted, was less exceptionable in the remaining calx on the I_ron after burning, in which the Alkalisate taste was most remarkable; not to mention its crepitation, and that some pungency also is observed in an Al_kali it self.

To make it further evident that this accretion did probably arise from the Minera, I believe, not far distant, and was not engendred or contracted from some floating particles in the air derived elsewhere, and there settling by way of Magnetism, as some may imagine; 'tis further remarkable, That nei_ther the stones under water, nor, what is more ma_terial, any stone either of the Seats, or in the sides of the bottom of the Bath, remote from the water, had any Salt affixed to them, but only those, as I may so term it, that peeped out of the water, the tops of which only, as I said before, were incru_stated. So that had a Magnetism any place here, the Salino-Nitrous particles must, I conceive, have lighted as well on the stones of the same nature hard by, as where they were, the reason of the thing being much the same. For a fuller Testimo_ny of this, See Obs. 88.

I acknowledge also this, That a great Fermen_tation is produc'd by the affusion of Acids on the Sand and Mud of the Bath, (but do not tell you who first observ'd it) and a much less on the Scum; yet I must be excus'd in this, if I say, That I cannot conceive how this should arise from the action of Acids on a Saline matter, in regard it transcends my understanding to apprehend, how any Salt can possibly lie at the bottom of the Bath, either in the Sand or Mud, undissolved, and the waters no higher impregnated than we find they are.

'Tis a trivial Observation, that what is dissolva_ble in any liquor, the pores of it will receive till it can hold no more; neither can I be yet perswaded, that there are just so many porosities in the Bath_water assigned for Vitriol, and the rest taken up with other Bodies, seeing the dissolution of Vitriol in the Bath-water afterwards, and the alteration in taste that happens thereupon, is sufficient to give me satisfaction to the contrary.

But to speak a little more to this, because the Author insists so much upon it; If any Vitriol be contained in the Sand, 'tis no absurdity to conceive that warm water may dissolve it and fetch it out; now, if half a pint of warm water be poured on an ounce of Sand, with what agitation you shall think convenient, and thus let stand infused ten or twelve hours, the water then decanted, and the sand dried and weighed again, there will be little wanting in the weight, abating for the Ochre, which ariseth first to the top, through the body of the wa_ter, much like white Vitriol, afterwards precipitates and settles at the bottom on the Sand, and is hardly preserved in the decantation.

The Ebullition therefore, on the affusion of acid liquors in the Sand, I conceive doth arise from somewhat not Saline (if Taste be the judge) of which I shall treat more at large by and by: So that the Sand and Salt are no further of the same nature, than as fermentation may arise upon different Commixtures. How this may be reconcil'd to the Experiment I sometime made, of making Ink with Bath-water and Galls, and the Sand of the Bath, with other things which might have been no small encouragement to this opinion, I shall have occasion in part to declare hereafter, but more when I find my Answer is required.

As to the Salt, or rather, to use the new-made word, Calcineous kind of Earth, sticking to the bottom of the Gouts and passages, almost in all places where the water passeth, I was never yet so happy, though I have searched particularly to find any such thing. I confess I have heard it spoken, that five years ago, or thereabouts, there was a Gout out of order at the Cross-Bath, in the recti_fying of which there was observed some such matter adhering to the Passage; but this, I sup_pose, was as much above the Civilian's knowledge, as the Physicians, and whether a bare Tradition with some other uncertainties, to say no worse, be a sufficient foundation for this Hypothesis; That the Salt of the Bath doth much resemble a Vitrio_lated Tartar, or Aluminous Salt, I shall leave those to determine that know the meaning of this ap_proved Sentence, Nullum simile est idem. And seeing that the Author chooses to call this adherent matter by the name of a Chalky kind of substance rather than a Salt, I think I may not be much mistaken if I imagine it to be Freestone; concerning which I can say no more, till I shall happily meet with the like accretion.

That the Fermentation on the affusion of Acids on the Sand, ariseth chiefly from the acting of that liquor on Freestone in conjunction with some Te_staceous particles, and not from any other Saline matter, seems evident from this; That whereas these parts with a blew Clay or Marle, Rubrica, Ochre, and Chrystal-pebbles, are clearly distin_guishable by a Magnifying-glass in the Sand, when the acid liquor hath done its worst, and the difference between the Sand and it, is amicably com_pos'd, the remaining particles of Sand that will not ferment, are only some part of the Marle and Chrystals; And this I call Arena castrata, be_cause, by this means, the Sand loses its fermenting vigour, though the stones do remain.

And whereas the Mud of the Bath, which seems chiefly to consist of this blew Clay or Marle, with something Sulphurous, will do the like; the Fermentation I conceive doth arise not so much, though something I confess, from the Earth it self, as the Testaceous particles with which it a_bounds, in which Earth nothing Saline can be discovered to which the ebullition may make any pretence.

To this may be added; That the colour of the Acid liquor, after Saturation by the Sand, is altogether the same with what ariseth from the Freestone, both equally resembling the infusion of the filings of Steel; so that in this also there is an agreement.

CHAP. IV. Of Nitre in the Bath-Water.

THat Nitre is contained in the Body of the Waters is evident from this, that it may, by art, be extracted thence; and I may as well sus_pect, and, if I please, believe, that I had not mo_ny in my pocket, when I took out some silver for a necessary use; as when I see Nitre taken out of the Bath, say it was never there.

But the difficulty will be to prove the thing; now, I say, a Sceptick may doubt whether a Man be a Man, a Brute a Brute, or whether he makes use of his voice that asks the Question; but whe_ther he be not the wiser man that takes these for granted, and not pragmatically contradicts the u_nanimous consent of Judicious Writers, is easie to determine.

I confess it burns not as Common Salt-Peter doth, because it leaves a Calx behind it; but in that more resembles the Nitre of the Ancients, a pound of which being burnt will leave four ounces of Ashes: Salt-Peter will leave none. Jord. Nat. Bath. & Min. Wat. chap.7. p. 53.

Neither doth it huff, nor melt altogether in a small quantity as Salt-Peter doth, on the account of an allay it receives from the mixture of ano_ther Salt of an Alkalisate taste with some bitter_ness withal, which remains on the Iron-plate after accension, and is little more than a fourth part of the Body; wherefore to deny the being of Nitre in the Salt, because 'tis not all so, is as absurd, to make a Linsey-woolsey Comparison, as to affirm, there is no Woollen in that sort of Vesture where Linnen is; or to say, That a man that is both Lawyer and Physician, hath nothing of Physick, because he hath something of Law.

But that Nitre is there, though not predominant, seems clear by the shooting in stiria's, which is concluded to be the proper form of that Salt; and although Tartar, and perhaps some other Salts, may somewhat resemble it; yet the diffe_rence is easily perceptible by the sight, but more by the taste.

And now I am discoursing of this matter, I conceive the Author did not hit the mark, because he did not make the Bath-water shoot, in that he only mentions, the Salts that remain after evapora_tion, which, he says, put on a Coal, burn not as Nitre doth. But the shootings so called, in a fi_gure somewhat pyramidal, with many Columell�, or small pillars closely united, put on a red-hot Iron_plate, and so burnt, may alter the case, which I affirm to do, as I mention'd before.

And, what is not a little considerable, on the burning of six ounces of the Chrystals, in order to the Examination of the remaining Calx, the Nitrous parts of the shoots, being many in number, in a short time melted, and ran down both sides of the Iron-plate in a stream, consonant to Pliny's observation of Nitre, which he affirms ingentibus ri_vulis profluxisse. (Q)

To which I may add the bitter Taste apparent_ly discoverable in the Salt, insomuch as to bring it within the verge of a suspicious appearance of a Sal amarum (if any such Salt there be distinct from Nitre) which bitterness hath been accounted pro_per to Nitre, and the waters impregnated there_with, of which the Laborious Ballius gives this Testimony; De Therm. l. 5. c. 5. Differunt etiam Nitros� Aqu� � Salsis, qu�d amarorem Nitros� sapiunt potius quam Salsu_ginem, & quo magis syncerum habent Nitrum eo sunt amariores. So that the bitter Calx mention_ed before, seems, if any, to be the true Calx of Ni_tre, and no small argument of its sincerity, although this taste be not perceptible in the water, in regard the Nitre is much diluted, and though sufficient for the purpose, not in so great a proportion there.

Also for a further satisfaction, if any Aluminous parts were contained in the Chrystal shoots, I ob_serv'd, That the six ounces mentioned before, after they had hufft, melted and ran upon the Iron-plate, were in little more than one minute reduced to somewhat less than two ounces of a dead white Calx; which being again dissolved, filtred and e_vaporated, gave me a plain Alkali with some re_maining bitterness, which on the affusion of any acid would ferment, and being put to undergo the fire-ordeal Trial, would neither melt nor boyl, but crackle and leap.

To make a further Trial, whether what was bitter and suspiciously Nitrous might be separated from the Alkali; I dissolved and filtred the same Salt again, and evaporating it ad Cuticulam, it shot partly into a white hoary down, penetrating cooling, and bitter, distinct from the Alkali with which before it was mixt, and partly into an in_spissated juyce, which I judge to be the succus primitivus of Nitre, with the same qualities; both which put on the Plate did huff and melt as the former, leaving a small bitter Calx behind it, which, I believe, by frequent dissolutions, evaporations, and coagulations, would huff and melt all off, to the utter consumption of its whole body that way, I mean as far as Nitrous, the Alkali shewing it self proportionable in the Calx, after every trial.

And here I would not be mistaken, as if I pre_tended to that grand Arcanum, the discovery of the Nitre of the Ancients, for I am well assured, that the description of that is very much different from what I am now discoursing of, being acknowledged by Pliny, Dioscorides, and others, to be of a rosie colour, and almost purple, which they used some_times to dye that colour with (though some white there was also) and came nearer to the nature of or_dinary Salt, whereupon Dioscorides in his 85th. Chapter hath these words, Nitre, and the froth of Nitre (or Aphronitrum) have the same virtues as Salt, and are burn't like that; yet because some measures may be taken from that, for the better un_derstanding of what is now under the test, I thought fit in that regard at present, only to make this bare mention of it.

Neither can the contrary, I think, be evinced from the effects; for cooling, penetrating, and purg_ing, are attributed to Nitre, and confessedly in the waters, the two former evident in allaying thirst, abating inflammations, and quickness of passage: the latter, as plain in its operation, for Nitre as well as Salt, is said both alvum laxare, and urinas ciere, and Baccius treating of nitrous waters, af_firms, that they do vacuare, virtute Nitri, per al_vum, & per urinas. The like may be said of the external effects by Bathing, which can no way pre_judice the being of Nitre there.

Besides, This way of arguing from the effects is but � posteriori, and less significant where there is matter of fact, which may be useful in the dark; but if it thwart with a plain experiment, must yield; for, Quid verba audiam, cum videam facta? And whoever shall undertake a business of this nature may consider, that the best judgment to be made of the effects, is from a constant observation of particu_lars on the place, which cannot be conceived to be so well done at a distance, but must require, besides some time, a good attendance, as well as practice here. But to return.

These Stiri�, or Needles, I observed in the wa_ter of all the Baths, yet in a different shape and consistence; for the King's Bath-water after a full imbibition of the Salt dissolved, and a strong Lixi_vium thence procured, evaporated ad Cuticulam, and set in a cool place, shot from the inside of the evaporating Glass into its Cavity, into strong, and compacted Needles, with that strength, that it took some of the Common Salt with it, which ap_peared in the Nitrous shoots, something like the stars in a clear sky, but white, and in a Cubical form, in perfect squares, or Tessera's distinct from the body of the Nitrous shoots, with which the Nitre was studded, being impacted into it.

The Cross Bath shot in smaller Needles, but long_er and very thin, in great number, directly from the bottom of the glass, very close together, but distinct each from other, much like the Finnow, or hairy excrescence, that oftentimes ariseth from cor_rupted matter, which on the least violence offer'd would break, and not endure any kind of resist_ance.

Drawings of stiri� or needles

The Hot Bath gave me more trouble to bring it to shoot, insomuch as being frustrated in two or three Experiments, I had almost concluded there was nothing Nitrous there, but the thing after_wards succeeding, I had on a small quantity of the Salt dissolved, and the Lixivium evaporated ac_cording to Art, five, or six single Stiria's, bigger, and stronger, though not so long, as those I observ_ed in the water of the Cross Bath, which gave me satisfaction as to that Bath also, in the particular thing of Nitre now under debate. Since which time on another Experiment, I had as firm and com_pacted Needles from the Hot Bath, as I had formerly from the King's, both which Baths shoot much alike, and different from the Cross.

I shall not lay any great stress on these observati_ons, in relation to the difference between the three Baths mentioned before, in regard it must be a bu_siness of greater experience, and more exact obser_vation of many Circumstances, to state that affair as it ought to be, and is, in good part done in the Miscellaneous Observations hereunto annex'd; only this use I may safely make of them, to confirm what I had before asserted, That there is Nitre dis_solved in the Water of all the Baths of Bathe. And if this be not the thing that hath hitherto been de_scribed under that name, by the most approved Writers, I presume we may afterwards take it for a Chimerical notion, that hath no foundation in any work of Nature, but owes its subsistence to a phantastical brain.

To this may be further added; That the Liqua_men, or oleum per deliquium, being closely stopt, and but heated by the fire, presently, as soon as cold, concretes into a Nitrous form; so that we need not call in the secret, and invisible assistance of the external air, to make a Metamorphosis almost as strange as those mentioned by the Poet, when we have clear, and unalterable principles of Nature, and innate propensities, and disposition in matter it self, with a divine impression, that will serve the turn.

In the rear of these Philosophical Arguments, I shall offer one (supernumerary) Grammatical, which is this; That the Salt I call Nitrous, either in the Sun, or by Candle-light, shines and sparkles very much, consonant to the Notation of the word Nitrum, which probably, may not be so much a Grecian, as the great Etymologist would have it, and derived para to nizein from its scouring, and absterging nature; as a Latinist, and so called � Ni_tendo; because it gives a greater lustre than any other Salt doth. &horbar

CHAP. V. Of Sulphur in the Bath water.

AS to Sulphur, the next thing to be insisted on, as contained in the Waters, I conceive that many that have endeavoured to avoid Charybdis, have fallen into Scylla, and because the ancient Au_thors have asserted that Sulphur was undoubtedly concern'd in all Baths, they will affirm there is none in any; but whoever builds a fabrick on this foundation, and certainly concludes, that Sulphur is not in the Bath-waters, because it cannot be disco_ver'd by precipitation, I would have forbear a posi_tive determination on a negative experiment, till I see Vitriol precipitated in substance from the King's Bath-water, which is acknowledg'd to be there. And if I cannot light on an apt precipitater, which every way opposeth the particles to be so discover'd, and have some other reasons to incline me to the contrary, I should not be so fond of my own conceit, as to be prevail'd upon by a comparative in_stance of unflak't Lime, to wipe my own Nose, and put out my Eyes, which as far as they can, assure me to the contrary.

I shall refer the Reader to what is mention'd be_fore concerning the Colour and Smell, in calcining the Contents of the Bath-water in general, and till I shall meet with something that will both burn blew, and give a fetid smell, that is not Sulphur, I shall so esteem that, till ascertain'd of the con_trary.

I may further add, That the Sulphur is proba_bly incorporated with the Salt, as appears by its passing with it into the Lixivium, and through pa_pers in filtration, and not discoverable but by a strong fire, by which the body of the Salt is open'd, and a solution of the Continuum made, in order to fusion; so that if you do not precipitate both, you can precipitate neither, unless a separation of the Sulphur from the Salt be made, which, I presume, is not easie to be done, without the help of fire, by which the Sulphur is consum'd: so that the com_parative instance of unflak't Lime is little to the pur_pose; where the Sulphur is separated, decocted, and precipitated; here not so, being not apart, but residing in a Salino-Sulphureous Salt, a piece of whose Body, as we now have it, it seems to be.

Moreover, Whereas he collects from the Bath_waters not tinging Silver yellow, but rather black, that there is no Sulphur contained in the same; I may retort, and that very justly, this as an argu_ment to assert it. For the proper colour that Sul_phur dissolved gives to Silver is not so much yellow as black, as may be easily discerned by putting any piece of Silver, but a very little while, into the decoction of Sulphur made in the water of unflak't Lime, which gives as near the colour of the Silver I have caused to lye some time near the Springs of the Bath, as may be, so that the difference is not discernable; not to mention that some yellowness is observed on the Silver tinged by the Bath.

Neither am I fully satisfied that the only, or in_deed the best, precipitator of Sulphur is an acid; for on the decoction of that Mineral in the water of quick Lime (the Lixivium, though with much Sulphur, not succeeding) and very sudden change, on the affusion of Spirit of Vitriol, into a milky, and much whiter Consistence, the Liquor after_wards settled, and precipitated not as Sulphur, but Lime-stone; so that the Sulphur, although it gave a greater fetid smell, yet was not so apparently pre_cipitated, as by Oyl of Tartar in another glass, which gave the Sulphur in proper colour precipita_ted, without a permanent lacteous opacity. Where_upon I made this observation, as to the present ex_periment, That although acids do not precipitate of this lapideous matter alone, yet if in the embraces a strong sulphurous commixture, they will, and the Lime-stone is most properly precipitated by an acid, if Sulphur be decocted with it; whereas the Body of Sulphur, decocted as before, is best precipitated by a fixt Salt, the Sulphur appearing without white_ness, in its own garb, though not so fetid as on the affusion of an acid.

It may be also noted that S. Closseus, in his pre_paration of Lac Sulphuris, in which the body of Sulphur is open'd with Calx Vive, directs the Sul_phur to be precipitated with Urine.

The occasion of this mistake (seeing he pretends to give the reason of another, concerning an expe_riment of a like nature) I conceive to be, That the white matter precipitated on the affusion of any acid, was, without much examination, reputed wholly sulphurous, as appears from these words; For if Sulphur be boyled in the water of unflak't Lime, the water becomes white, not by the affusion of a fixt Salt, as before, but of an acid: so that fixt Salts may dissolve Sulphur but not precipitate it. Where_as the whiteness ariseth much from the mixture of the Lime-stone, as appears by the open confession of what is precipitated, if standing some time, fil_ter'd, and brought to the test by fire, where the Lime-stone is discover'd, the Sulphur being rather disturb'd than precipitated by the acid liquor, which makes it give a greater fetor, but never kindly pre_cipitates; the other precipitation with oyl of Tar_tar, which here, contrary to its wonted course, joyns with the Lime-stone, which it usually preci_pitates, and opposeth the Sulphur, is very apparent, and sulphurous beyond contradiction.

I am not ignorant, that in the preparation of Lac Sulphuris mentioned before, Sulphur also is precipitated by an acid, but that fixt Salts should dissolve Sulphur, but not precipitate it, is what I said I was not so fully satisfied in. Not to mention that the matter precipitated by a fixt Salt is white on the first affusion, though the whiteness be not so permanent, the Sulphur in a short time precipita_ting in proper colour.

Besides, If Sulphur be boyled in the Bath-wa_ter, and doth not tinge it with a yellow colour, I presume, it cannot thence be argu'd that there is no Brimstone there, for the colour of the water in which Sulphur is dissolved, is not so much yellow as Lixiviate, or reddish; and therefore Schroder gives this direction for the making that preparation of Sulphur mentioned before, that after the Sulphur and Tartar are mixed, they ought to boyl, donec fere omne Sulphur solutum sit, liquorq; rubeus appareat; though some addition I confess it may have from the Tartar. Yet Closseus, in his way of making that preparation where there is no Salt of Tartar, but, instead of that quick-Lime, which gives no such tincture of it self, hath this Note; Coque, donec partes tres aqu� sint consumpt�, ruborem_que contraxerit instar sanguinis, ex Sulphure disso_luto.

I therefore think it no ill advice here, that they that are so much concern'd to give the reason of the mistakes of others, would a little mind to rectifie their own, and not be an Argus abroad, but a Mole at home.

I do also acknowledg, that I believe that the white Magistery or impalpable Powder, precipita_ted from the Bath-water on the affusion of Salt of Tartar, or any other analogous, or agreeable Salt, is not Sulphurous, much less Aluminous; but ra_ther Stony, of a lapideous substance, the result of an intimate Commixture, with the body of the Wa_ters, which may have no small influence on their fer_mentation, as may hereafter be more fully consi_der'd.

And as to what reflects on that famous Practitio_ner, the Ingenious and Learned Dr. Willis, I shall, at present, say no more than this, That ob_serving one so pedantickly drest up in his own clothes, he ought not to be affrighted with his own shape; only this may be further noted, That where_as Dr. Willis had desired of me the exacter trial of that Experiment of decocting Sulphur and An_timony in the Bath-water, I well remember I re_turn'd him something of both that was precipita_ted after a double filtration, and the decoction performed in a Vessel altogether free from the season of any fixt Salt.

Yet I must acknowledg, that what was precipi_tated was very inconsiderable to what was decoct_ed, and not so much as to make much alteration in the colour of the water; which may deserve their consideration who affirm, a Lime-Chalk Stone, or Lapis calcarius, to be contained in the Waters, and yet deny them to dissolve Sulphur, and again affirm, that Sulphur is dissolved in the water of Lime.

The same alteration of the water into a turbid milky appearance, and the precipitation by oyl of Tartar, of an insipid powder, mentioned before, was also observed in the Spaw at Scarborough, and Sulphur-Well at Knaresbrough, by William Simpson Doctor in Physick, as appears from several places in his Hydrologia Chymica, and Hydrological Essays, which he there asserts to be Aluminous, and page 118. of the latter Treatise saith; By the addition of Oyl of Tartar this Sulphur-water turns white, and that because it is impregnated with a small quantity of a Simple natural Alom Salt. How far Alom is concerned in that water, I shall not here dispute, but leave it to the Learned Dr. Wittie, whose con_cern it is: only thus much I can say, that the like Ph�nomenon appearing in these waters, what is thus precipitated here is not Aluminous, as hath been acknowledged by many eminent Physitians, who have seen some quantity of the precipitated powder; and was particularly noted by the ever Honoured Sir Charles Scarbrough, this Summer, here.

But to prevent any mis-understanding, I must acknowledg that this assertion stands on this founda_tion, That the white powder precipitated by oyl of Tartar from the Waters, is the same with the finer sort of what I had, in greater quantities precipita_ted spontaneously per decubitum, on the evaporati_on of many Hogsheads of the Water, and is now to be seen, though not altogether so white nor fine, having undergone many alterations, which being decocted in Spring-water, the water filter'd will precipitate with oyl of Tartar, as the Bath-water doth; yet if any one shall think fit to deem this Saline, and perhaps, Aluminous; he ought to con_sider, how any Salt can so soon by devested of the essential property of what is saline, as to be rendred perfectly insipid, when saline at first: though I do not absolutely deny, but that we may attribute, though somewhat Catachrestically, the name of Salt, to something not saline, communicating with it in some other of its properties.

I know very well that Alom dissolved in Spring_water, the Water filter'd and the Salt precipitated with oyl of Tartar, will be impaired much in its saline taste; yet so much of the sowrness, and stip_ticity will remain, as will be sufficient to discover its nature.

CHAP. VI. Of Vitriol in the Bath-water.

TO pass by the Reason of the Common Arti_fice of tinging Silver at the Bath, what con_cerns the Scum, and Sal Armoniack, as of no great moment; Vitriol is, by Him, denied to be in the Cross and Hot Bath, because Galls beaten and in_fused in these Waters, will never turn them purple nor black, which is confessed would certainly be, if these Waters had Vitriol in them.

How true this is, a slight Experiment will soon evince, and if the Author had ever made trial, his Galls or Sight, must be worse than mine, if a pur_ple colour did not appear.

To which may be added the Experience and Te_stimony of my Honoured and Learned Friends Sir Edward Greaves, and Dr. Nat. Highmore, who have both made trial, and found the Waters turn. With the former of whom I lately further observ'd, that when we had been sufficiently satisfied in the turn_ing colour of the Hot Bath Pump-water, with less than half a pint of Water and but two grains of Galls, and had thrown away the Water and Galls, in order to the trial of something else, more of the same Water, though much cooler than when brought at first, being powred into the same glass, turn'd colour also, receiving a brisk light purple, from the remaining particles of the former infusion about the glass, though nothing of the Galls did appear at all.

'Tis also confirm'd by this, That whereas the Leaves of Oak made little or no alteration in the Water of the King's Bath, the Chips, or inner Bark of the same make rather a better purple in the Water of all the Baths, than the Galls; only the King's Bath tingeth deeper than the other two, as in all Experiments of this nature, it appears to do. The like also will happen on the Seeds of Sumach contus'd and infus'd, but with Pomegranate Flow_ers most apparently, so that the Water of any of the Baths affused hot on that, will presently turn purple; though the colour doth not keep so long in strength, as that which ariseth from the Oaken Chips.

These things consider'd, I conceive it no injury to the King's Bath to allow it a little Vitriol, though manifestly derogatory to the other two to deny it, since they make their claim by the same evi_dence, and that Judg will hardly free himself from the censure of injustice and partiality, that will not hear a poor mans Tale, but suffers an honest Cause that hath weak lungs and a weaker purse to be lost, on the louder clamours of more importunate addresses.

The truth of this Experiment being thus far call'd in question, I am the more afraid of the cer_tainty of some others; for I remember an old Story of Mr. Thief in the University, that was wont to be very busie in some Booksellers Shops, and entred in the Shop-Book under that name, whoever there_fore was taken in the fact but one time, was oblig'd to quit the whole score, on this account, That he that was really convicted once, might commit the same thing five, ten, or twenty times before, and therefore he the man from whom all was re_quir'd.

The Metallick Mineral, so called, hath nothing Metallick contained in it; and if this be so easily, by the air, converted into Vitriol, 'tis very strange we have not yet had any Houses of Vitriol, which surely have endur'd the air long enough to experi_ence a Transmutation.

As for the Sand breaking out with the Springs in which Vitriol is supposed to lye undissolv'd, as was mentioned before, if there were no better ar_guments for Vitriol than this, I shall not stick to say, that he that depends on this, builds at best but on a sandy foundation.

That the purple colour appearing from the mix_ture of the Sand of the Bath, with the infusion of Galls, may not arise from the tincture of Vitriol, seems more than probable by this Experiment. I have formerly declared, that the Sand of the Bath may be so far corroded with an acid Menstruum, as not to ferment any longer, but lye quiet in the bot_tom of the glass without any motion at all; now, this Sand on the affusion of Common Water gave an excellent purple, when 'tis not likely that any thing saline should remain, after so many washings and re_affusions, as are requisite to reduce the Sand to that condition. Moreover 'tis considerable, the infusion was not acid, nor any way alter'd from its common tast. But this Experiment I made but once, and had not an opportunity of repeating it again.

'Tis likewise more observable, That after some hours standing, a purple floccous matter did sponta_neously precipitate, upon which there being a clear separation, the Water return'd to its pristine colour, and the floccous matter subsided in the bottom of the glass, which being filter'd per Chartam, and exa_min'd, was perfectly insipid, and not at all Vitrio_line.

Besides, On the Calcination of half a pound of the Sand, when the Crucible was as red and the Sand as hot as usually it is when the Salts do run, the Sand powred out glowing hot, nothing saline was observ'd to concrete among it, which it would certainly do, if any fusible Salt were there, as in other Calcinations it appears to do.

I therefore rather judg it to proceed from an in_sipid but astringent Ochre, such as is mentioned by Fallopius, which lying some time in the open air, becomes more sowr than when taken out of the Bath, which may occasion the difference between the Sand newly taken, and that which is kept some time; the Ochre it self infus'd making the liquor much blacker after some standing, as is more fully declared in the following Chapter. De Met. & Foss. c. 35. de Ochra.

&horbar

CHAP. VII. Containing a farther Proof and Illustration of the former particulars.

TO make this a little clearer; 'Tis an easie Ex_periment to powr warm water on the Sand, in what proportion you please, which if kept some time will alter the water in which it is infus'd, into a yellowish or amber colour: when the water is impregnated very well, mix some of this with the infusion of Galls, and presently an atropurpureous colour will appear, in which if you infuse white paper but a very little while, you will quickly be satisfied what colour it will tinge. Now, if this infusion be permitted to cool, the Ochre will preci_pitate, leaving the water somewhat yellower than in it self it is, to which it also communicates a harsh tast, and at last settles on the top of the Sand, from which it may be separated by decantation. The contrary happens to the Sand newly taken, in which the Ochre clogg'd with too much moisture cannot shew it self, as when older, and more dry. So that I see no reason or necessity, from this Ph�no_menon, to assert the existence of Vitriol in the Sand of the Bath, otherwise than as it hath relation to this astringent Ochre, which I do believe receives this tinging property by the impression of Vitriol, this being in all probability, as is noted elsewhere, the Terra Vitrioli, or Earth, in which the Vitriol is contain'd before exhalation; as I conceive, the Marl or Mud is the bed of Sulphur, or the Terra, to which that Mineral doth more nearly ad_here.

And that 'tis this yellow matter that occasions the alteration, may be further evident from this; That after the first decanting, if the Ochre be powred all off, and warm water affused on the Sand again, and that infusion mixed with the infu_sion of Galls, no change of colour will ensue. To which may be added, that the Ochre it self kept some time, and infused in the decoction of Galls, will, after lying a pretty while, turn that Liquor into a much blacker appearance.

I shall end this dispute with the observation of one D. Simpson, who affirms, That Artificial Alom will not with Galls strike a purple colour, but the Natural Alom with its inbred Ochre, will; ascribing more to the Ochre than the Alom. So that this may be the end of that Controversie about Alom and Galls tinging Water purple, That Alom, as Alom, doth not tinge, but as in conjunction with this inbred Ochre, or as Vitrioline; for between Vitriol and Alom there are many resemblances, and a worthy Author hath observed, that the Basis of Vitriol is Alom, both these being much alike, but that Vitri_ol hath a garb from Copper or Iron, which in the Ochre gives the tinging quality, the Alom, as di_stinct from Vitriol, contributing nothing at all. Jord. Nat. Bath. chap. 7. p. 52.

If any shall affirm this Ochre to be Vitrioline, I have not deny'd it, having formerly supposed it might be Terra Vitrioli; but what I here question is, whether any Vitrioline saline body, different from the Ochre, be contained in the Sand, or can lye undissolved there.

'Tis very remarkable what is said, That if the Sand of the Bath, impregnated with an acid Li_quor, be put into the infusion of Galls, the Liquor acquires an atropurpureous colour; and no wonder, since the acid Liquor may do much alone, as may be seen in the mixture of Vinegar, with the deco_ction or infusion of Galls, which supplying in some measure the place of Vitriol, by a kind of analogy inclines the infusion to an inky complexion.

And as for the Metallick Mineral contained in the Sand, which on the affusion and corrosion of an acid Menstruum, will in part be converted into Vi_triol, I have said before that 'tis nothing else but a Common Freestone, a Mineral, I confess, but how far Metallick, I leave to the judgment of the men of that Art.

For a partial satisfaction in this thing; if the sharpest Vinegar be powred on the Sand in one glass, and on Freestone in another, the same fermentation will appear for the present, and the same blewish colour of the infusion afterwards upon Corrosion; so that it much resembles the colour and smell of the saturated Liquor, on the affusion of Vinegar on the filings of Iron. But whether this be a suffici_ent argument to dub it Metallick, I shall be better satisfied, when I am convinced of this, That Truth hath never suffer'd by meer Resemblances.

But that it may appear that I desire to proceed in this Affair with all ingenuity and freedom from animosity, unless what will seem necessary to disco_ver truth; I shall here recite a Passage out of Dr. Wittie's Answer to Hydrologia Chymica, leaving how far it may be applicable to the saline Stiria's mentioned before, to the judicious Reader and further observation.

The Candid Doctor, pag. 63. among other Pre_parations out of the Minerals of the Spaw at Scar_brough, made by Mr. Sam. Johnston, a Physician at Beverly, and by him communicated to the Doctor, makes mention of an Essential Salt, which Mr. Johnston calls Anomalous, or sui generis, as differing much from the factitious or natural kinds of Alom, Vitriol, or Nitre, though in some properties it agree with each of them.

The Reason of this Scruple, he adds, is this, which Paracelsus hath clearly made out, That here they are not corporally, but I suppose, the Doctor doth not mean, that what is percolated hath no body or substance, but only that 'tis more re_fin'd. percolated, not perfect in their several kinds, but in suo primitivo, not single, but all mixed together, which as yet I could never attain to separate. And therefore this Salt is nothing so acid as Vitriol, nor stiptick as Alom, nor inflammable as Nitre, notwithstanding it doth shoot in Stiria's. I'le only add this, That they are all here, though in fra_ctis, imminutis, & debilitatis viribus, and the vir_tues of the Waters to be judged from them all.

To which I shall only subjoyn this Remarque, That the Nitre, undoubtedly here, being allay'd with the mixture of some other Salts, could not be expected to do altogether as sincere Nitre doth, and the best way, I conceive, to discover the distinct natures in this Compositum, had been to have at_tempted a separation by frequent Calcinations, Dis_solutions, and Coagulations, which, if done, I much admire the several Salts did not appear in proper form, as they did in the anomalous Salt of these Waters, subjected to the same way of trial: and then I somewhat question, whether Alom would have deserved so much favour, as the Doctor's good nature hath allow'd it here.

I shall forbear, at present, to trace this Author or follow his track any further, as also to examine his Opinion, concerning the Cause of the Heat of the Bath-waters, till my Treatise, in the same lan_guage he hath written in, be presented to the World; only thus much I shall say now, That I conceive an Hypothesis founded, though not on a subterranean fire, yet on things under ground, may probably give more satisfaction than some airy notions, con_sidering especially, that nothing external to the Body of the Earth, can in reason be supposed capable of reaching these Waters, but rather somewhat inclu_ded in its own Bowels, which may be near at hand, of an active, even, and durable nature; when, to say no more, nothing is more variable than the air, nor unconstant than rain.

I shall also distinguish the whole bulk of what relates to the Body of the Waters, into things Sa_line, and non-Saline: the former I shall endeavour to evince to be Nitre, Common Salt, and Vitriol; the latter, to be partly unctuous, as Bitumen and Sulphur; partly gritty, as Freestone; and partly earthy, as Marl and Ochre. I shall likewise exa_mine what pretences Alom can make, and further discourse of the difference between that and Vitri_ol: and lastly, enquire into the competition of Lapis Calcarius with Freestone; so that the Bath_water will have relation to, or comprehend in its largest extent, eight distinct Substances, at least ac_cording to my Observations, which will be the bu_siness, God willing, of the first Book of my Trea_tise De Thermis Bathoniensibus, viz. de Aquarum Principiis, una cum earundem appendiculis, nimi_rum, Arena, sive Sabulo, Luto, & supernatante uligine, sive Spum�. The second Book shall treat De Aquarum Calore. The third De usu Thermarum; ubi de modo Balneandi; de Aquarum potatione; de Antliatione jam in usu loco dulci�, aut Stillicidii Veterum; de usu Luti, &c. The fourth and last Book, I intend, shall be De Aquarum Virtutibus, & Nocumentis, observationibus quibusdam rarioribus, quantum res ipsa patitur confirmatis: Which Emo_luments and Inconveniences shall be both evidently deduced from the precedent Principles, the one recommended, the other provided against. But this will require some time; for I am willing to prevent that fault in my self, which I find in another, and would not have it justly said of me, Canis festinans cœcos parit Catulos.

&horbar |CSC |Y1684 EXPERIMENTS AND Considerations ABOUT THE Porosity of Bodies, IN TWO ESSAYS. &horbar By the Honourable ROBERT BOYLE, Fellow of the Royal Society. &horbar LONDON, Printed for Sam. Smith at the Prince's Arms in S. Pauls Church-Yard. 1684.

TO THE READER.

THe Reader is to be adver_tis'd, not to expect in the fol_lowing Essay a Regular, or so much as a Coherent, Discourse. For it was intended only as a collecti_on of loose Experiments and Observati_ons about the Porosity of the parts of Bo_dies belonging (as Chymists speak) to the Animal Kingdom, and laid (not to say thrown) together, in order to what I had thoughts of offering, to_wards an Intelligible account of Occult Qualities. I am not ignorant, that even one of the most ancient and famous of Physicians hath said, that a mans body is (almost) every where perspirable. But I judg'd that a Doctrine of such mo_ment, and which diverse things in the Theory and Practice of after Physicians may make one think they either disbe_lieved or disregarded, did not deserve to be slightly deliver'd, and in general terms, but to be more narrowly conside_red, and likewise made out by Particu_lar Instances, whose applyableness and usefulness to explain divers obscure Ph�nomena, may hereafter appear much greater, then perchance at the first sight they will be thought.

And the foregoing advertisement, with a light change, which 'tis presum'd the Reader may easily make of him_self, is to be extended to the Essay tacked to this about the Pores of So_lid Bodies, and so may excuse the ab_sence of a distinct Preface to it.

An Essay of the POROUSNESS OF ANIMAL BODIES.

AS the most numerous part of the Pores of Bodies is too minute to be seen, so the Contemplation of them has been thought too inconsiderable to be regarded. But when I consider, how much most of the Qualities of Bo_dies, and consequently their operati_ons depend upon the structure of their minute, and singly invisible, par_ticles, and that to this latent contex_ture, the bigness the figure and the collocation of the Intervals and Pores do necessarily concur with the Size, Shape and Disposition or contrivance of the substantial parts I cannot but think the Doctrine of the small Pores of Bodies, of no small importance to Natural Philosophy. And I scarce doubt, but if such little things had not escaped the sight of our Illustrious Verulam, he would have afforded a good Porology (if I may so call it) a place, (and perhaps not the lowest nei_ther,) among his Desiderata.

And, though other imployments and avocations hinder me from attempting to treat of this subject as am_ply and particularly as it deserveth, or even as I had design'd in a Scheme drawn diverse years since, and seen by some Virtuosi; Yet, not to leave apart of Physicks, that seems to me so curious and important, altogether as unculti_vated as I found it; I shall present you as many of the Notes I had drawn together about this subject, as I can conveniently (for I do not pretend to do it methodically) reduced to three heads: Whereof the first, which will challenge to it self this present es_say, is the porosity of Animal Bodies, about which I shall not be solicitous to marshal my observations, since they all conspire to shew but this one thing; That the parts of Ani_mals, especially whilest these are alive, are furnished with numerous Pores.

Those parts of the Bodies of Ani_mals, wherein their porosity may be best shewn seem to be their Mem_branes or Skins, the Bones, the Flesh, and Coagmentations of Membranes, Flesh and Juices. And therefore it would be proper enough to treat of these Heads distinctly, and give In_stances of each of them in particular. But yet I think it will be more conve_nient, to set down in order the princi_pal Fountains, whence the Porousness of the substances belonging to the Ani_mal Kingdom (as the Chymists speak) may be derived, and to annex to each of these the Experiments and obser_vations, upon which I argue from it, and which it will be easy to refer, if that be thought fit, to this or that of the parts above mentioned (namely the Membranes, Bones, &c.) whereto they shall (respectively) appear the most properly to belong.

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CHAP. I.

THe first thing from which I will deduce the Porosity we have been speaking of, is, the Frame or Constitution of the stable Parts of the Bodies of Animals. For the Bo_dy of an Animal being not a rude and indigested lump of matter, but a curi_ous engine, admirably framed and con_trived for the exercise of several Fun_ctions as Nutrition, Generation, Sensa_tion, and many differing local Motions, it was necessary that it should be fur_nished with variety of Dissimilar and Organical parts not only very Skil_fully, but very differingly, contrived congruous to the several uses for which they were designed, or if you please, to the several Functions they were to perform. And, because 'twill be easily granted, that the Corpuscles, that are skilfully brought together for such purposes, must be so contexed as not to touch one another exactly every where, it will readily follow that they must leave little Intervals or Pores between them, and that, considering the multitude of particles that must go to the making up the Body of the Animal, and the great difference and variety in point of bigness and figure of the Corpuscles that are requisite to contex such differing parts, as Membranes, Fibres Bones, Grizles, Ligaments, Veins, Ar_terys, Nerves, &c. Both the number and the variety of the Pores cannot but be very great. This argument will be much confirmed, by what there will be occasion to say further to the same purpose, in the Essay touch_ing the Porosity of even Solid Bodies. Wherefore I shall now proceed to the Second thing, whence we may derive that of Animal Sub_stances.

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CHAP. II.

THis is afforded us by consider_ing the Nutrition of Animals. For there being continually a great waste made of their substance, partly by the exclusion of visible excrements, and partly by the avolation of invisible steam, this great loss must ne_cessarily from time to time be repair_ed by the supplies afforded by Nu_trition of which the best, if not the only Intelligible, way of giving an ac_count, is, to conceive that the alimental Juice, prepared chiefly in the Stomach is impelled or attracted (for to our present purpose it matters not which) to the parts of the Body that are to be nourished by it, and the Corpuscles of the juice insinuate themselves at those Pores they find commensurate to their Bigness, and Shape; and those that are most congruous, being assimilated, add to the substance of the part wherein they settle, and so make amends for the Consumption of those that were lost by that part before. This may be illustrated by what happens in Plants, and especially Trees, in which, of the various Corpuscles that are to be found in the liquors, that moisten the Earth, and are agitated by the heat of the Sun and the Air, those that happen to be commensurate to the Pores of the Root, are by their In_tervention impelled into it, or imbi_bed by it, and thence conveyed to the other parts of the Tree in the form of Sap which passing through new strai_ners, (whereby its Corpuscles are se_parated, and prepared or fitted to be detained in several parts) receives the alterations requisite to the being turned into Wood, Bark, Leaves, Blos_soms, Fruit, &c. But to return to Ani_mals, our argument from their Nutri_tion will be much confirmed, by con_sidering, that in Children and in other young Animals, that have not yet at_tained their due Stature and Bulk, the Nutrition is so copious as to amount to a continu'd Augmentation. For, as 'tis evident that Animals grow in all their parts, and each part according to all its Dimensions, in so much that even the cavities of Bones increase; so we cannot well conceive how this can be done, unless the Nutritive liquor be distributed through the whole Bo_dy of the part that is to be nou_rished and augmented. And to this distribution 'tis requisite that the Body abound with Pores into which the congruous particles of the Juice may be intimatly admitted, & penetrating even into the innermost recesses, may place or lodge themselves in the man_ner that is most convenient for the Na_tural Increase of the part. But the more particular Declaration of this Process I leave to Anatomists and Physicians.

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CHAP. III.

HAving premis'd once for all, that in this Essay, I often use the word Skin in the lax and popular sense of it, without nicely distinguishing the Epi_dermis or Cuticula, called in English the Scarf-skin, from the Cutis it invests and sticks closely to; I shall proceed to another Topic, whence the Porous_ness of Animals may be argued, name_ly, the great plenty of matter that is daily carried off by Sweat, and insensible Transpiration. For, 'tis con_fest that Sweat is discharged at the Pores of the skin; and since there is no penetration of Dimensions, we may safely conclude, that the matter that is not wasted by Sweat, or by any o_ther sensible way of evacuation, must have small Pores or out-lets in the Skin, at which it may issue in the form of steams; though nothing hinders but that invisible Effluvia also may evapo_rate at the same Pores with the Sweat, though for want of plenty or grossness, or a fit disposition in the ambient, those Effluvia be not at the Orifices of those pores brought into little Drops, such as those of sweat.

That therefore the Skins of a mul_titude of Animals, though they seem close to the eye, may be porous, may (as we have been saying) be argued in many of them from their sweating. But because all of them have not been observed to sweat, as is wont to be particularly affirmed of Dogs, we shall add some other Instances to make it probable.

We may sometimes, in the smooth skin of a living man, discern Pores with good Microscopes, and, with one that is none of the best, we may easily on the inside of gloves, which are made but of skins drest, discern good store of these little out-lets: Some_times orderly enough ranged to make the sight not unpleasant. And though some of them may, I think, be su_spected to have been made by the Hairs that grew on the skin before 'twas drest, yet that greater numbers of them, than can be supposed to come from thence, are perforations that pass quite through the Leather, may, not improbably, be shewn by the usual Practice of Chymists, to purify Quick-silver by tying it up strictly in a piece of kids or sheeps Leather, and then wringing it hard to force it out; by which means the lower surface of the Leather will be covered with a Mercurial Dew or Sweat which will fall down and fly out, as the Pores happen to open this or that way, in a thick shower of globules, leaving the dross behind in the Leather. And tho when a mans skin is tanned it is of a greater thickness then one would expect, and that which I employed seem'd almost as thick as a Buck skin Glove yet having had the curiosity to try the same Experiment with the skin of a mans Arm, I found the Quick Sil_ver would be squeez'd out at the Pores of that also. 'Tis not necessary that I should here inquire, whether the lit_tle holes, unperceiv'd by the naked Eye, at which the Sweat is discharged, and perhaps the matter that the Body looses by insensible transpiration gets out, be not, at least most of them, the Orifices of small excretory vessels, belonging to those very numerous glandules which the excellent Anatomists Steno and Malpighi are said to have discovered beneath the Cuticula, and which for their smalness and shape have been called Glandul� miliares. I need not, I say, engage in this inquiry, since according to this ingenious opi_nion also, the Skin must be allow'd a multitude of small Perforations or Pores, and that is sufficient for my pur_pose, from whencesoever this Porosity proceeds in a mans Skin. For the next observation will shew that some mem_branes of Animals may give passage to transpir'd matter without being perfo_rated by the excretory Vessels of Glan_dules.

The Membranes or Skins under the shells of Hens Eggs, though they be very thin, are of a Contexture very fine and close as may be confirmed by their resisting the sharp Corpuscles of Vinegar; and yet, that not only these Skins, but the shells that cover them, are porous, may be inferred from the Experiments I made, of keeping them suspended for a good while, and care_fully counterpoised in good scales; for by these it appeared, that the Eggs did from time to time manifestly lose in weight; which could not reasonably be imputed but to an invisible Tran_spiration, the rather, because usually in eggs that have been kept long, there will be at one end a cavity which is wont to increase with their age, and is made by the shrinking of the Membrane from the Shell, to ac_comodate it self to the diminished quantity of matter, that remains to be involved by it.

When I consider the plenty of mat_ter, that is wont to be discharged dai_ly by insensible Perspiration, especial_ly in Healthful men that exercise them_selves moderately, I cannot but think it probable, that the minute Pores, that suffice for the carrying off so much matter, are very numerous, and are much more so than even by the multitude of drops of sweat, that serve to wet the skin, men are wont to imagine. For Sanctorius in his ex_cellent little Tract de Medicina stati_ca affirms, that what is barely carryed off by insensible transpiration does ordinarily amount to more, that is, diminishes more the weight of a mans Body, than all the visible ex_crements (whether gross or liquid) put together. Aph. vt. He adds, If the meat and Drink, taken in one day, a_mount to the weight of eight pound, the insensible Transpiration ordinarily amounts to five pounds or thereabouts. And elsewhere says, that sometimes in the space of 24 hours, in the Win_ter time, a healthy Body may ex_hale fifty ounces or more. And some Tryals, that I have carefully made up_on my self, added to some others of a very curious as well as great Prince, that made use of a like instrument, & did me the honour to acquaint me with the events, gave me no cause to reject Sanctorius's observations, considering the difference in point of heat, between the climate of Italy, where he writ, and that of England, where ours were made; only I fear, there has been com_mitted an oversight by those many that ascribe all the decrement of weight, that is not referrable to the grosser Excrements, to what transpires at the Pores of the visible parts of the skin, without taking notice of that great plenty of steams that is in expi_rations discharged through the Wind_pipe by the Lungs, and appear manifest to the Eye it self in frosty weather; though they may be presumed to be then less copious than those Invisible ones that are emitted in Summer, when the ambient Air is much war_mer. But though I look upon the Wind_pipe as the great Chimney of the Bo_dy in comparison of those little Chimneys (if I may so call them) in the Skin, at which the matter that is wasted by perspiration is emitted, yet the number of these little vents is so very great, that the fuliginous Ex_halations that steal out at them, can_not but be very considerable. Besides that, those that are discharged at the Aspera Arteria, do probably, at least for the most part, issue out at the la_tent Pores of the Membranes that in_vest the Lungs; which membranes may be lookt upon as external parts of the Body, in reference to the air, tho not in reference to our sight. But, to return to our Eggs, we may safely al_low a very great evacuation to be made at the Pores of the skin in man, who is a sanguineous and hot Ani_mal, since we see that even Eggs, that are still actually cold, transpire. And I elsewhere mention the copious transpi_ration even of Frogs, that are always cold to the touch; and the Decrement in weight of some Animals, soon after they are strangled or suffocated, when, their vital Heat being extinct, no more fumes are emitted by expirations at the wind-Pipe: To which signs may be added the trivial experiment of holding in warm weather the palp of ones Finger, as near as one can without contact, to some cold & solid smooth body, as to a piece of polished Steel or Silver; for you will often times see this Body presently sullyed or overcast, with the invisible steams that issue out of the Pores of the Fin_ger, and are by the cold and smooth surface of the Body condensed in_to visible steams, that do as 'twere cloud that surface, but upon the Removal of the Finger, quickly fly off, and leave it bright again.

The Perviousness of the skin out_wards may not improbably be argued from the quickness wherewith some Medicines take away some black and blew Discolorations of the skin, that happen upon some lighter stroke, or other contusions. For, since these pre_ternatural and unsightly colours are wont by Physicians to be imputed to some small portions of blood, that upon the contusion is forced out of the capillary vessels that lye beneath the surface of it, & being extravasated are obliged to stagnate there; it seems very likely, that if a powerful Medi_cine do quickly remove the discolora_tion, that work is performed by attenu_ating, and dissolving, and agitating the matter, and disposing it to transpire through the cutaneous Pores, though perhaps, when 'tis thus changed, some part of it may be imbibed again by the Capillary Vessels, and so by the circulation carryed into the mass of Blood. Now, that there are Medicines that will speedily work upon such black and blew marks, the Books and Practice of Physicians and Chirurge_ons will oblige us to admit. Helmont talks much of the great vertue of white Briony root in such cases. And a no_table Experiment made a while ago by a Learned acquaintence of mine in an odd case, did not give Hel_mont the Lye. And I know an emi_nent Person, who having some while since received a stroke, by a kick of an Horse, on his Leg, a very threat_ning contusion, which made the part look black and frightful, he was in a few hours cured of the pain of the hurt, and freed from the black part of the Discoloration by the bare ap_plication of the chopt leaves of Hissop mixt with fresh Butter into the form of a Pultess.

Nor is it only the Skin that covers the visible parts of the body that we judg to be thus porous, but in the Membranes that invest the internal parts, we may reasonably suppose both nu_merous and very various Pores, ac_cording to the exigency of their pe_culiar and different Functions or Offi_ces. For, the two first causes of Poro_sity mention'd in this Essay, are as well applicable to the Membranes that cover the internal parts, as the Liver, the Spleen, &c. as to the exter_nal Skin, or Membrane that covers the Limbs; and in some respects the transpiration through such Pores seems more advantaged, than that through the Pores of the surface of the Body; since the parts that environ the Spleen, Liver, Kidneys, &c. in man, are hot in comparison of the ambient Air, and being also wet, which the Air is not, the laxity of the Pores of the internal parts is doubly befriended. And perhaps it may be allowable to conceive, both the Skin that covers the Limbs, and the Mem_branes that invest the internal parts of the Body, to be like worsted stock_ings, Wast-Coats, &c. Which in their ordinary state have a kind of continu_ity, but upon occasion can have their Pores every way enlarged and stretch_ed, in this or that manner, as the A_gents that work on them determine them to be. This may be confirmed, by what we manifestly see in the fi_ner sort of leather, as that of Kid or Lamb, and by the latent Pores that may be opened in Sheeps Leather, and mans Leather, by the pressure of in_cluded Quick-Silver.

This Porosity of a living mans Skin and other Membranes, though inter_nal ones, will the more easily be assen_ted to if it appear that such thick and gross Membranes, as the urinary blad_ders of dead Animals, are Porous and Penetrable even by Water. This we tryed, by putting some salt of Tartar in a clean well dryed bladder (which ought to be afterwards tyed up close in the neck, lest the effect should be ascribed to the moist Air) and leaving the lower part of the blad_der as far as the Salt, reached immer_sed in common Water, whose parti_cles by degrees insinuated themselves into the Pores of the bladder, in plenty enough to resolve the Salt of Tartar into a liquor. And, that it may not be said that the Acrimony of the Salt, by fretting the bladder, made way for the Corpuscles of the Water, I shall add that the Experiment suc_ceeded, but much more slowly, when we tryed it with Sugar instead of Salt of Tartar. And there are some, who pretend that certain Sy_rups made this slovenly way, which they would have pass for a secret, are very much preferable to those made of common Water.

That the films that line the shells of Eggs are of a very close Contexture seems probable, as by other things, so by their resisting some liquors, sharp enough to corrode the shell, and yet that such Membranes are pervious to Liquors that are none of the most sub_tile of all, we found by the ensuing Ex_periment. This was made by taking an ordinary Hens Egg, and keeping it for two or three days in distill'd Vinegar, or in strong crude Vinegar. For then taking it out of the Liquor and wiping it well, it was visibly, and not incon_siderably, swell'd, which I concluded to be from the ingress of some parti_cles of the liquors, at the Pores of the Skins that invest the White of the Egg. For we found nothing broken, though we made the Tryal more than once. And to be satisfied that the manifest expansion proceeded from some other cause, than the meer dilata_tion of the White, or Yolk, or both, we compared the weight of the Egg, af_ter it was taken out and well wiped, with that which had been taken be_fore 'twas put into the Menstruum, and found the Egg, notwithstanding the loss of the Shell, to be considerably heavier than 'twas before its immer_sion.

I shall add on this occasion that by a more unlikely way than that newly recited, both the Egg, Shell and Lining of an Egg, may be penetrated. For, not_withstanding the fine and close con_texture of the Membranes, that invest the Eggs, the Chineses have a way of Salting them in the shell, as I have been assured both by English and Dutch Merchants trading to the East Indies. And in one of the Dutch Jour_nals sent by the Council of Batavia to their Principals in Holland, and in_tercepted by an English man of War, I met with divers accounts of great numbers of salted Eggs, that were such or such a day of such a Month brought in by Sea to Batavia or other Ports. Long after which time, meet_ing with an ingenious Physician, that liv'd in Batavia, I learned by enquiry from him, that 'tis very true that such Eggs are frequently met with in those parts; he having divers times eaten of them there; some that he judged to have been either boyled or roasted, before they were salted; and others that were raw, when they came to be dressed for him, but yet remained a Briny tast. And, though the Mer_chants I enquired of could not tell me what way the Chineses employed to Salt their Eggs, without making them unfit for common use, yet by a tryal made with clay and Brine, in which I kept the Eggs for a competent time, I was perswaded that 'twas possible the Chineses should have the Art ascribed to them. For upon the breaking of an Egg coated with clay, after it had lain for a competent time in Brine, I found its Tast considerably Salt, but was, by I know not what accident, hindered from prosecuting the Experiment, and endeavouring to make it more practi_cable and useful.

I knew a Physitian of more lear_ning than vertue, who, being torme_nted with a violent and obstinate Colic of a peculiar kind, was wont to re_lieve himself by Clisters of Sack; th� he usually found that not long after he had taken any of them, they would make him giddy, and fuddle him, as he himself confessed to me. But upon this Instance I lay not much weight, and less upon what was answered me by a great Chirur_geon, who having practised his Art in the West-Indies, and being asked by me whether he had not dressed Wounds and Ulcers with the recent juice of Tobacco (a plant I use to keep growing in my Garden for its excel_lent vertues in cuts, burns, and tumors;) and whether, if he employed it, he did not find it emetick, he told me among other things, that having Di_vers times dressed with this Juice a small Ulcer in a Womans leg, the pa_tient soon after the application would grow sick, and have her stomack tur_ned, or actually vomit. But, as I was saying, on this instance I lay no stress, because the Corpuscles of the Tobacco might probably enough get in at the small Orifices of some corroded Ves_sels, and so be conveyed inwards, ra_ther by the help of the Circulation of the blood, than on the account of the porousness of the Parts. And therefore I shall rather mention what has been related to me, by an eminent Phy_sician of the famous Colledge of London, namely, that he had divers times given himself a vomit, by a certain application of decocted Tobacco to his wrists, and some other external parts; which brings into my mind, what is affirmed to have been obser_ved in some Children that have scabb'd Heads, who have been made Drunk, by the application of Clothes or spun_ges wetted in Infusion of Tobacco, or of strong Liquors, and applied to the part affected. Though in this case the inebriating Particles may be suspected to have got in, not at the meer Pores, but rather at the Orifices of the Capil_lary Vessels, that were made accessible by such little solutions of Continui_ty, as are seldom wanting in scabbed Heads.

That Children may be purged by outward applications is asserted by some Physicians; and an experienced Person of that number has affirmed to me, that he can almost constantly do it by a Plaister. But 'tis more con_siderable what was related to me by an eminent Virtuoso, who being in_disposed to believe such things a while before he told me the story, was de_sired by a curious Person to shew him his Hand which the Relator having done the other took it in his hand, which was moistened (as was after_wards confessed) with a kind of sub_tile Chymical Oil, but so slightly, that the Relator scarce minded it, till some time after when he found himself prest with a motion, like that which a purge would have given him; for the other thereupon smiling, my acquaintance began to suspect what the matter might be, and was in a short time purged four times, without griping, or other pain or discomposure. But to re_turn to the Porousness of Membranes, it may serve to make way for your admitting it, to observe, that though Lute-strings be but Ropes of Fibres (which are at least the chief parts that Membranes consist of) dead, cold and stiff, yet when the lute is in tune they will sometimes in wet weather swell so forcibly as with noise and violence to break, which proceeds from the copi_ous ingress of moist vapors into their Pores, whereby they are not only shortened, but as I have tryed in nice scales, made manifestly heavier.

The Porosity of the internal parts of Animals by both the foremention'd ways (viz. of emission and reception of Corpuscles,) may be confirmed by the things that happen in some of the Metastases or Translations (as the Physitians call them) of the morbifick matter in diseased Bodies. 'Tis known to them that are any thing conversant with Hospitals, or the observations of Physicians, that there do not seldom occur in Diseases sudden Removes of the matter that caused them, from one part to another according to the na_ture and functions of which, there may emerge a new Disease, more or less dangerous than the former, as the invaded part is more or less noble. Thus oftentimes the matter, which in the sanguiferous Vessels produced a Feaver, being discharged upon some internal parts of the Head, produces a Delirium or Phrenitis; in the latter of which I have somewhat wondered, to see the Patients Water so like that of a Person without a Feaver; the same Febril Febrile matter either by a deviation of Nature, or medicines improper or unskillfully given, is discharged sometimes upon the Pleura, or Membrane that lines the sides of the Chest; sometimes upon the throat; sometimes up_on the Guts; and causes in the first case a Pleurisie, in the 2d a Squinancy, and in the third a Flux, for the most part dysenterical. But, because I suppose, that many, if not most, of these trans_lations of peccant humors, are made by the help of the circulation of the Blood, I forebore at the beginning of this Section to speak in general terms, when I mentioned them in reference to the Porousness of the internal parts of the Body, and contented my self to intimate, that some of them may serve to confirm that Porosity.

This will not perhaps seem impro_bable, if we consider that 'tis in effect already proved, by the same argu_ments by which we have shewn, that both the Skin and the internal Mem_branes are furnished with Pores, Per_meable by Particles whose Shape and Size are correspondent to them. For we may thence probably deduce, that when a morbifick matter, whether in the form of Liquor, or of exha_lations, chances to have Corpuscles suited to the Pores of this or that part of the Body, it may, by a concourse of Circumstances, be determined to in_vade it, and so dislodge from its for_mer receptacle, and excite Disorders in the part it removes to.

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CHAP. IV.

ANother thing whence the Po_rosity of Animals may be ar_gued, is, their taking in of Effluvia from without. For these cannot get into the internal parts of the Body, to perform their operations there, with_out penetrating the Skin, and conse_quently entring the Pores of it.

Now, That things, outwardly applyed to the Body, may without wound_ing the Skin, be convey'd to the inter_nal parts, there are many things that argue.

And first, it has been observed in some Persons, (for all are not equal_ly disposed to admit the action of par_ticular Poysons) that Cantharides, be_ing externally apply'd by Chyrurgions or Physicians, may soon, and before they break the Skin, produce great disorders in the Urinary Passages, and sometimes cause bloody Water. And I remember, that having once had a blistering Plaister, applyed by a skil_ful Chyrurgion between my shoulders, though I knew not that there were any Cantharides at all mixt with the other Ingredients, yet it gave me about the neck of my Bladder one of the sensiblest pains I had ever felt, and forced me to send for help at a very unseasonable time of night.

The Porousness of the Skin may be also argued from divers of the ef_fects even of Milder Plaisters. For, though some Plaisters may operate as they closely stick to the Skin, and hinder Perspiration from within, and fence the part from the external cold; yet, twill scarce be denied, that many of them have notable effects up_on other accounts, whereof none is so likely and considerable as the copi_ous ingress of the Corpuscles of the Plaister, that enter at the Pores of the Skin, and being once got in, act ac_cording to their respective Natures & Vertues. The like may be said of Ointments, whose operations, especi_ally on Children (whose Skin is ordinarily more soft and lax) are sometimes very notable. And I have known considerable things performed by them, in an internal Disease of grown men, where I should scarce have expected a Vegetable Ointment should perform so much: I say, a Ve_getable Ointment, for 'tis vulgarly known that by Mercurial Ointments Salivation may be excited; and some_times, against the Physitians will, the Corpuscles of the Quick Silver get so far into the Body, that he is not able to get them out again.

What we lately said of Plaisters, may be applyed to those that Physi_tians call Pericarpia, or Wrist-bands: The better sort of which, though sometimes ineffectual, are oftentimes successful in stopping Fits or Agues, as I have frequently found in a mixture, elsewhere mention'd, of Currans, Hops, Baysalt well beaten together, by which, by Gods blessing, many, and I among others, have been freed from simple Tertians, and either double Ter_tians or Quotidians.

The Argument of the Porosity of Animals, drawn from those things that get in through their skins, without breaking or wounding them, may be much strengthned, if it can be made appear, that those Physitians do not deceive us, who ascribe sensi_ble Operations and Vertues, to things externally applyed, in so loose a way, that they do not so much as stick to the Skin, or perhaps immediately touch it; such as some call Periapta and Appensa; divers of which are best known among us, by the name of Amulets; such as are the Quills con_taining Quick-silver or Arsenick, that some hang about their necks, and wear under their Shirts, against the Plague and other Contagious Dis_eases; and the Bloodstones that others wear against H�morrhages; and the stone which the Women use in the East Indies, for a quite contrary effect, in Obstructione Mensium. That many of these external Medicines, answer not the promises of those that extol them, having some of them no sen_sible operation at all, and others no considerable one, experience has as_sured judicious observers; but that some of them, especially on some Patients, may have considerable, not to say admirable, operations, I confess my self by other motives, as well as Authority, to be perswaded. Hav_ing been one summer frequently sub_ject to bleed at the Nose, and reduced to imploy several remedies to check that distemper; that which I found the most effectual to stanch the blod, was some moss of a dead mans Scull (sent for a present out of Ireland where 'tis far less rare than in most other Countrys) though it did but touch my skin till the herb was a little warm'd by it. And though I remember not that I have known any great matter done to stop H�morrha_gies by the bare outward application of other Blood-stones; yet of one that look'd almost like an Agate, I admired the effects, especially upon a young and extraordinarily Sanguin person. To which I shall add a memorable thing, communicated to the experienced Zwelfer by the chief Physitian of the States of Moravia. If one would see this passage at large he may find it at the end of the Essay. For this learned man whom he extols for a great Physician and Philosopher; assures him, that having prepared some Trochischs of Toads according to Helmonts way, (which I remember I also was solici_tous to prepare, but had not occasion to make tryal of their vertue,) he not only found, that being worn as Amu_lets they preserved him and all his Domesticks, and Friends, from the Plague (though he daily visited the infected) but that having caused these Trochischs to be put upon the Plague sores of several persons, none of them died, but the venom of the pestilential Carbuncles was thereby so weakened that the ulcers were afterward easily cured by vulgar remedies.

And now, as to the difficulty, which I acknowledge not to be small, to conceive how Bodies actually cold can emit Effluvia, capable of pene_trating (without moistening it) a Membrane of so close a Contexture as a mans Skin; I suppose it will be much lessened in the objectors opinion, by what he will meet with hereafter about the Pores of Bodies, and the Figures of Corpuscles. For supposing these to be congruous, it will not seem incredible, that the Effluvia of Amu_lets should in tract of time get passage through the Pores of the Skin of a Living Body. And to make this the more probable, I will give an Instance in the Skin of a dead Animal. And, because this requires a Liquor I much employ in these trials about Porology, though I have many years since in another Tract taught how to make it for another purpose; yet I shall here repeat, that 'tis made by exactly ming_ling Flower of Brimstone, powdered Sal Armoniac and good Quicklime in equal quantities, save that, if the Quicklime be not very dry and good, a fourth or fifth part must be super_added, for these being nimbly mixed, and distilled by degrees of Fire in a Retort, till the Sand be at length brought to be almost red hot, there will come over a smoaking Spirit, which must be kept very carefully stopt, and which for distinctions sake, I also use to call, The Permeating Menstruum or Liquor, and its expi_rations the Penetrant, or Permeating Fumes.

And now you will easily under_stand the experiment I was about to mention, which was this; We took a very clean piece of polish_'d Copper, in want of which one of silver will serve the turn, and having lapt it up in a piece of either Lambs or sheeps Leather, so that it was every way inclosed, we then held it over the Orifice of the Vial that contained the Spirit, at a pretty distance from the Liquor whose fumes nevertheless did quickly, (perhaps in a minute of an hour or less) pervade the Pores of the Leather, and operate upon the inclu_ded metal as appeared by the deep and lasting tincture it had given to the lower surface of it, though the interposed Leather it self was not deprived of its whiteness, nor at all sen_sibly discoloured; however it smelt of the Sulphureous steams that had in_vaded it. And, if I misremember not, the same Experiment succeeded, though somewhat more slowly, when a double Leather was interposed between the fumes and a new piece of Copper coin. This will be thought the less strange, when I shall come to some other Instances of the Penetrancy of these Spirits. In the mean while I leave it to be considered, whether this may not suggest some conjecture at that strange Phœnomenon, which is recorded by Authors of good repute, That sometimes in great Thunders the Lightening, among other opera_tions, has been found to have mani_festly discoloured mens money, with_out burning the Purses or Pockets wherein it lay. For in our experiment, the steams that in a trice pervaded the Leather, the most usual matter where_of Purses are made, were sulphureous, as the smell argues, that those which accompany the Fulmen are wont to be; and whereas these, when they invade Bodies, are usually very hot, ours operated when the Liquor that emitted them was actually cold. And if it be said, that sometimes their mo_ney has been found discolored in their Pockets, who were not struck, by the Fulmen, but had it only pass near them, it may be objected, that tho the intire Body, whether fluid or so_lid, if there be any of this latter kind that is in Latine called Fulmen (for our English word, Thunderbolt seems not so applicable to a fluid) did not touch them, yet it might scatter steams enough round about it, to cause the Ph�nomenon. For confirmation of which I shall take notice, that a con_siderable Person of my acquaintance, having had the Curiosity to ascend a burning mountain in America, till the sulphureous steams grew too offensive to him, he told me that, among other operations he observed them to have upon him, one was, that he found the money he had about him turned of a black and dirty colour, such as I have observed our sulphureous steams of_ten give both to Copper, and to Silver Coins. But whether or no our Spirits will justify the conjecture, they invi_ted me to mention, at least their so easily pervading the Skin of a dead Ani_mal may make it probable, that the Skin of a Living man may be easily pe_netrated by external steams whose ap_proach the Eye does not perceive, and whose operations, though not inconsi_derable, may therefore be unsuspected. I leave to Physitians to consider, what use may be made of this observation, in reference to the propagation of contagious Diseases, by the contact of infected Air, distinct from the Respi_ration of it, and by the penetration of the steams, that issuing from divers Bodies invade the Skin, and may perhaps be capable of operations, either hurtful or friendly, that are not usually suspected to proceed from such causes, and are therefore misa_scribed to others. And on this occasion it will not be impertinent to add, that by hanging up sheeps Leather or Lambs Leather in the free Air, the vapors of it would so insinuate themselves into the Pores in wet weather, that a moderate degree of moisture in the Air would add to it a not inconsiderable weight, of which dry weather, whether hot or cold, would deprive it.

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CHAP. V.

I Must not in this place omit some Instances, very proper to mani_fest the Penetrableness of Membranes to Fumes themselves, if they be subtile enough for their pores, or correspon_dent enough to them.

Among the observations published by Physicians I have met with some by which it appears that Cantharides may have great Effects upon the in_ternal Parts of the Body, though they do not so much as touch the Skin, but are placed at some distance from it, so that their Effluvia must be tran_smitted through other Bo_dies before they can pene_trate that. Schenkii Observationum lib. 7. Obs. 37. The learned Michael Paschalius menti_ons a Chyrurgion, who was twice brought to void much Blood with his Urine, by some Spanish Flies that he carryed about in a Purse or Bag. And another Doctor of note relates of another person that came to complain to him, that he pissed Blood, having carryed about with him Cantharides, though in his Pocket, and adds, that a like Case was recounted to him by Helid�us, whom he calls an eminent Bolognian Physician.

We see, that in Linnen Cloth, the finer and more slender the threads are the closer and less Porous, c�teris paribus, the Linnen is: By analogy to which one may esteem the thin film that lines the shell of an Egg, to be of an exceeding close Contexture; and yet that even this film is not imper_vious to some Fumes, I have found by the following Tryal.

To make this, we slowly and warily pick'd off a sufficient part of the Shell of a Hens Egg, from the Skin that lay just beneath it, and is wont to stick so close to it, that their separation, without injuring the Membrane, is not easy. In this Skin, being wip'd, we wrapt up a flat piece of Copper, whose surface was made bright, that the change of Colour might be the better seen; and having kept this covered bit of Plate, over the Fumes of our smoaking Li_quor lately mentioned for a minute or two by our ghess we unfolded the Skin, and found, as we expected, that the lower surface of the Copper which was it that had been held over the Fumes, was turned of a very dark co_lour, which manifested that even so fine and closely contexed a Mem_brane was not only, as we have for_merly shewn, penetrable by Li_quors, but readily pervious to our sulphureous exhalations, tho these were probably but faintly emitted, since the Liquor they came from was then actually cold. But in making the Tryal it is fit to hold (as we did that newly recited) the Mem_brane against the light, to see if it be intire, and have escaped all those little lacerations that are hardly avoidable in severing it from the Shell it sticks so close to. If this caution be neg_lected, 'tis easy to be imposed on, by overlooking some little holes, that are not easily discerned when one looks down upon the Skin, and yet may be sufficient to make the Expe_riment deceitful. But, th� when 'tis well made, it is a notable confirmation of the Doctrine endeavoured to be established in this Paper, yet I shall now subjoyn a more considerable Instance to the same purpose.

The Porousness of the Internal Membranes of the Body, will be more easily granted, if it be considered that either the Liquors, or the moist Exhalations, whose Action is pro_moted by the Natural Heat of the Parts, keeps them constantly wet or moist, and thereby renders them more lax, and more penetrable by subtle Spirits or other Corpuscles. In favour of this Reflection I made the follow_ing Experiment. We took a piece of a dryed Urinary Bladder, which was judged to have been a Calfs; and having lapt it about a new piece of Silver Coin, so that the Bladder was single where it covered the lower side of the Piece, we kept it for divers Minutes, by guess, over the Spirituous Fumes of our often mentioned Per_meating Liquor, but could not per_ceive that the Coin was thereby at all affected or ternished. Whence we concluded that the Pores of the dry Bladder were too close and narrow, to give passage to the Expirations of the Menstruum. But presuming that moisture would some what relax them with another piece of the same Bladder, made limber by being a little wetted in common Water, we lapt up another like peace of new Coin, as we had done the former, and kept it at the same distance as before, from the Liquor, but not for so long a time. For after about two Minutes, by guess, we remov'd and took out the Piece, and, as we ex_pected, found much of its lower sur_face (that regarded the Liquor) deeply discoloured. Which Experi_ment will not only justify what I lately said, of the greater Laxity of moist than of dry Membranes, but will be thought no mean confirma_tion of what is in this Essay delivered about the porosity of Membranes, since the Urinary Bladder does, as Anatomists well know, consist of more than one Membrane, though they stick so close together, as to ap_pear but one to the Eye. And this Bladder was speedily penetrated by the Fumes that our Liquor emitted in exceeding Cold and Frosty weather, though the Bladder it self was not in the warm Body of the live Animal, but had been so long kept dryed and cold, that probably the Moisture it introduced in scarce one minute of an Hour, could not restore it to the Laxity it had, whilst it was a part of the living Calf.

One of the notablest Instances I ever met with, of the Porosity of the In_ternal Membranes of the Humane Body, was afforded me by that British Nobleman, of whom our fa_mous Harvey tells a memorable, not to say matchless, story. This Gen_tleman, having in his youth, by an accident which that Doctor relates, had a great and lasting Perforation made in his Thorax, at which the motion of his Heart could be directly perceiv'd did not only out live the accident, but grew a strong, and somewhat corpulent man; and so robust, as well as Gallant, that he afterwards was a Souldier, and had the honour to command a Body of an Army for the King. This Earl of Mount-Alexander (for that was his last Title having mar_ryed one of my nearest kinswomen, and having been told that I was very desirous to see, what I had heard such strange things of, very obliging_ly came, at a fit time, to give me that satisfaction. In order to which he removed that which covered the wide Orifice of his Hurt, and gave me the opportunity of looking into his Thorax, and of discerning there the motions of the Cone, as they call it, or Mucro of the Heart. But these things I mention but upon the by, and be_cause of the strangeness of the fact; the thing I principally intended relates to my present argument. Having then made several inquiries fit for my pur_pose, his Lordship told me, that when he did, as he was wont to do from time to time, (though not every day) inject with a Syringe some actually warm medicated Liquor into his Thorax, to cleanse and cherish the Parts, he should quickly and plainly find in his Mouth the tast and smell of the Drugs, wherewith the Liquor had been impregnated. And I further learned, that, whereas he constantly wore upon the unclosed part of his Chest, a Silken quilt, stuffed with Aromatick and odorife_rous Powders, to defend the neigh_bouring Parts and keep them warm; when he came, as he used to do after some weeks, to imploy a new Quilt, the fragrant Effluvia of it would min_gle with his breath in exspiration, and very sensibly perfume it, not, as I declared I suspected, upon the score of the pleasing Exhalations that might get up between his Clothes and his Body, but that got into the Organs of Respiration, and came out with his Breath at his Mouth, as was confirmed to me by a grave & judicious States_man, that happened to be then pre_sent, and knew this General very well. Other circumstances I might add, but that I dare not trust my memory for them, and unhappily lost the paper, wherein the oddness of the things in_vited me to set them down, for fear of forgetting them.

That part of this Narrative which relates to Injections may be much confirm'd by what is delivered by Galen himself, who says that Mulsum or Honeyed Water, being injected at the Orifice of Wounds penetrating into the cavity of the Thorax, has been observed to be in part received into the Lungs, and discharged out of the Aspera Arteria by coughing. And this he mentions as a known thing, imploying it as a Medium whereby to prove another.

The mention that has been made, of the Porosity of Membranes, brings into my mind what I once observed at the Dissection, made by some Phy_sicians, and Anatomists, of a lusty Souldier, that was hanged for I know not what crime. This man, though otherwise young and sound, was observed to have been long molested with what they call a short, dry Cough, which made us expect to find something much amiss in his Lungs. But meeting with nothing there, we were at a loss for the cause of this Cough, till coming to consider the internal part of the Chest, we perceived some_thing on one of the sides, by tracing of which we discovered, that between the Pleura and the substance of the intercostal muscles, there was lodged a certain matter, of the breadth of a Silver Crown piece, or thereabouts, of a roundish figure, and of the con_sistence and almost colour of new, soft Cheese, which odd stuff was concluded to have been the remains of some ill cured Pleurisy, and to have transmitted through the Pores of the Pleura, though that be a very close Membrane, some noxiousEffluvia, which ever and anon irrita_ted the Lungs into an irregular and troublesom motion, and so produced the Cough the Malefactor had been molested with.

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CHAP. VI.

I Am well aware that 'tis far less difficult, to prove the permeable_ness of single Membranes, than that of such a Part of the Body, as seems to be an aggregate of several parts, which in regard of their close adhesion, are looked upon but as one part, to which, on that account, men common_ly give a distinct name. But yet there are some Ph�nomena that seem to ar_gue, that even such compounded or re_sulting parts, if I may so call them, are not destitute of Pores, which whether they be not some of them the Orifices of exceeding slender and therefore unobserved Capillary Ves_sels, I must not now stay to enquire.

When the cavity of the Abdomen in those Hydropical Persons that are troubled with an Ascites, is filled with Water, or rather with a Liquor that I have found to be much more viscous, it justly appears strange, that by an Hydragogue, or some appropriated purging medicine, great quantities of this gross Liquor should in a short time be carryed off by Siege, and per_haps also by Urine, though to get into the cavity of the Guts, or that of either of the Kidneys, it seems neces_sary that it Permeate the Tunicles, and other component parts, of the Viscera it gets into.

I know not whether I may on this occasion take notice of what Physici_ans observe to occur now and then in Empyema's that follow ill condition_ed Pleurisies. For it has several times been observed, that upon the bursting of such imposthumes into the cavity of the Chest, the Purulent matter hath been voided by Siege and Urine. I hesi_tate, as I was saying, whether I should alledge this Ph�nomenon, as a proof of what I now contend for, till it be de_termined whether this Metastasis be made by transudation properly so called, or by the ingress of the Pus into the imperfectly closed Orifices of the Vessels of the Lungs; where being once admitted and min_gled with the Blood they may with this circulating Liquor arrive at the Kidneys, or any other Parts fitted to make a secretion of this Heterogeneous matter.

But whatever be the Reason or manner of it, we find that the Lungs do sometimes odly convey things to distant parts of the Body. And if I may here mention a thing, cui honos pr�fa_tionis est, I shall add that I have seve_ral times observ'd in my self, that when I had been an actor or an assistant in the Dissection of a living Dog, es_pecially if his Blood or Body were rankly Scented, I should divers hours after plainly find that odour in the ex_crements I voided by Siege.

A famous Chirurgeon and Anato_mist relates, that one who was very ill of a dropsy, judged to arise from a Scirrhus of the Spleen, coming to ask his counsel and assistance, though he judged the patients case desperate, yet to content him, he ordered him to dip a very large Sponge in good Quicklime-Water, and having squeezed out the superfluous Liquor, to bind it upon the region of the Spleen, only shifting it from time to time. He adds, that after some months he was much surprized to receive a visit from this Patient, with solemn thanks for his recovery; the outward Medicine having, it seems, resolved the Scirrhus and concurred with nature to evacuate the hydropical humour. For the re_solution of which hard tumour it seems necessary, that the sanative Cor_puscles of the external remedy should at length penetrate, not only the Epidermis, and the true Cutis, but the Muscles themselves of the Abdo_men, and some other interposed parts.

These instances may be strengthen'd by an eminent observation of Galen, who takes notice that Bones being sometimes broken, without piercing the Skin that covers the part they be_long to, when the Callus is making, and the broken parts of the bone begin to be conglutinated together, a Portion of that Blood which had flowed to the part affected is carryed to the Skin and permeats that, so as to wet and foul the Dressings or Bandages that are kept upon the limb affected by the Fracture.

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CHAP. VII.

BOnes, Horns, and parts of the like Substance, being those that are granted to be the most solid of the Bodies of Animals, I come in the last place to shew by particular Experi_ments that these also have their Pores. I say, by particular Experiments, because in a general way, their Porosity has been already proved, by the same Arguments, from their original Tex_ture, Nutrition, Augmentation, &c. That have been employed to manifest the Porousness of Animal substances in general.

That the Nails of men, as well as their Skins, are Porous, may be gathered from their being easily and permanently tinged with divers me_talline solutions, and particularly those of silver in Aquafortis, and Gold in Aqua Regia; the former of which solutions though cold, will but too easily tinge the Skin and Nails it chances to touch, and makes some little stay upon, with a dark and blackish colour; which I found not that I could wash out with water, or, even with a far more penetrating and abstersive liquor. The like durableness I found in the Purple spots, that I sometimes purposely made on my Nails, by letting some little drops of the solution of Gold in Aqua Regia dry upon them, which I now and then did, to observe the way of the Nails growth. For if the stain were made near the root of the nail, it would be still, though very slowly, thrust on by the new matter, till after some weeks it arrived to the further end of the Nail, and was fit to be pared off with it. But this only upon the by. 'Tis more to our pur_pose to take notice, that, though the Menstruums imployed in the recited Experiments be of themselves very acid and corrosive, yet they are so changed by the metals they have dis_solved, that they are Acid no more, the solution of Silver being rather ex_treamly bitter, and that of Gold of a kind of Stiptic tast, almost like that which sloes, growing in the hedges, are wont to be of.

Ivory is a thing too well known to need to be described. And, since 'tis generally lookt upon (for I have had no opportunity to compare it with the Bones) as the solidest part of the vastest of Terestrial Animals, Expe_riments proving its porosity, will be strong presumptions for that of the hardest parts of other Animals. And the Porousness of Ivory may be argu_ed from the several ways of dying it with permanent colours. For in these colorations the Tinctures that make them, must penetrate into, and be lodged in the Substance of the Ivory, especially when the Substance remains smooth and glassy, as I have divers times made it do, when I employed fit Menstruums and Metalline Pigments. The solution I formerly mentioned of Silver in Aqua fortis, being laid upon Ivory, will soon give it a dark and blackish stain, which is not, that I have found, to be washed off. I remember also that I many years since taught some ingenious artificers, to adorn Ivory with a fine purple colour, by moistening it with, and suffering lei_surely to dry on it, a solution of Gold made in Aqua Regia. And if occasion required, allayed with water, nor needs either of these solutions be applyed hot, any more than the Ivory needs to be heated. Both which cir_cumstances favour the Porousness of the solid Body.

Copper dissolved in Aqua fortis stains Ivory with a blewish colour, as I have sometimes seen in the hafts of knifes, about whose coloration never_theless another way is also employed. But I remember that without making use of any Acid or Corrosive Men_struum, I have even in the cold stained Ivory, with a fine and permanent blew, like a Turquois, by suffering to dry upon it as deep a solution as I could make of Crude Copper, in an urinous Spirit, as that of Sal Ar_moniack.

But now to return to Bones, their growth in all their dimensions, does, as I lately noted, argue their Porosity and the marrow that is found in the great hollow Bones, whether it nou_rish them or no, must it self be supply_ed by some alimental juice, that soaks or otherways penetrates, into the ca_vities that contain it.

Nor does it seem at all improbable, that Blood it self may through small Vessels be conveyed into the very sub_stance of the Bone, so as that the Vessels reach at least a little way in it, though perhaps the Liquor they carry may afterwards by Imbibition be brought to the more internal parts of the Bone. For not to urge that we manifestly see, that on each side of the lower Jaw, Nature has been careful to perforate the Bones and make a Chan_nel in the substance of it; which Channel receives not only a larger Nerve but a Vein, & Artery to bring in & carry back Blood for the nourishment of the Teeth, by distinct Sprigs sent from the great branch to the particular Teeth. Not to urge this, I say, (which I mention but to shew that the opi_nion lately proposed is agreeable to a known practice of Nature) I have been assured by eminent Anatomists, whom I purposely consulted, that they have observed Blood vessels to enter a great way into the substance of the larger Bones. And one of them affirmed, that he had traced a Vessel even to the great Cavity of the Bone. Which I the less scrupled to admit, because it has been observed, that in younger Animals the Cavity is in great part furnished with Blood, as well as Mar_row, and in those larger Pores, where_of many are found in the more Spongy Substance of divers Bones, Blood has been observed to have been lodged, as also in the spongy part of the Skull, that lies between the two Tables, as I have been assured by Skilful Eye_witnesses.

The blackness also, that Bones ac_quire when put into a competent heat, and a peculiar kind of fat_ness which they may by heat be made to afford, shew that they harbour, even in their internal parts, store of Unctuous Particles, separable from the solid substance, (which still retains its shape and continues solid) in whose Pores they may thereby be argued to have been lodged. The Lightness of Bones, even when their Cavity is accessible to (Air and) Water, is also a great sign of their Porosity. And so is their being cor_roded by tinging liquors, if they be penetrative and well applyed. I know not whether I should add on this oc_casion, that having taken calcined and pulverized Bones, such as we use to make our Cupels of, and, after having given them a good heat, kept them for some time in the Air, but in a well covered place; I found the imbibed moisture of the Air to have manifestly increased their weight; and that I also observed in a curious Skeleton, where the Bones were kept together by wires, instead of other Ligaments, that though I kept it in a well cover_ed place, not far from a Kitchin Fire, yet in very moist weather the Bones seemed to swell, since those joynts that were easy to be bent, in dry weather, and that after several man_ners, would grow stiff and refractory, and indisposed to be put into such motions, when the weather was con_siderably wet. These particulars (as I was saying) I am somewhat doubt_ful whether I should here insert, be_cause one may suspect the Ph�no_mena may proceed rather from some_what else, than the imbibed moisture of the Air; and yet I would not omitt to mention these observations, because I do not yet see any cause to which they may more probably (or indeed so probably) be assigned.

And on this occasion I shall subjoyn some observations made on large and solid Ox Bones, which in one of my Note Books I find thus registred. Nov. 15. We weighed two [entire or unbroken] Marrow Bones, and found the one to weigh &ounce;xxix + &dram;ss;, and the other &ounce;xxiv + &dram;iv + 30 gr. Nov. 24. The former weighed &ounce;xxix + &dram;vi, and the latter &ounce;xxv + &dram;i + 30 gr. Decemb. 28. the former weigh_ed &ounce;xxix + &dram;iij. 55 gr. and the latter &ounce;xxiv + &dram;vii. + 39 gr. June 7th of the following year, the former weigh'd &ounce;xxix + &dram;ii. And the latter &ounce;xxiv + &dram;vii. By which observations purposely made at differing times of the year, and in very good scales, it seems that Bones do plentifully enough imbibe the Exhalations of the Air, and emit them again, together with some of their own, according as the ambi_ent happens to be disposed. And these alterations argue the Bones to abound with Pores, since the external steams must have Pores to receive them, and the Effluvia must upon their recess leave Pores behind them.

I confess that to think (as with some Anatomists I lately seemed to do) that Bones themselves admit in_to their substance, Vessels capable of conveying a nutritive Liquor, we must suppose those Vessels extreamly slender. But that 'tis not only possible but somewhat credible, there may be such, I am induced to think, by what is known to happen in that disease, which from the Country it most infests is called the Plica Polonica. For, tho one would think that the hairs of men are much too slender, to have cavities in them capable of visible Li_quors; and though I have found it very difficult, even with a good Microscope, to perceive any cavities in the hair of a man transversly cut; yet not only some other writers of good note, but the Judicious Sennertus himself deliver, that in this disease (of which he par_ticularly treats) it has been observed, that if the Patients cause their intan__gled hair to be cut, as they sometimes do, by reason of its nastiness or un_sightliness, they are not only thereby endangered, but sometimes the single hairs will actually bleed, where the ends have been cut off; so that so thick a Liquor as Blood may be conveyed through Vessels, that can at most be but in a proper sense Capillary and must be far less than hairs, if their Perfora_tions be like those by which many Plants have their nourishment con_veyed to them, or such as are obvious in divers Canes, which being cut quite through transversly, discover a mul_titude of distinct Pores, that by some Experiments one may be induced to guess, reach all along, and make the Cane like a Cylindrical Bundle of Minute Pipes; or rather a multitude of small cavities, that perforate from end to end the Parenchyma, or Substance analogous to it, that gives them stabi_lity. And for the present this sort of Vessels seem to me, the more likely to be those that convey the Blood to the extream Parts of the Hair, be_cause even in Horse hairs, which yet are nourished and grow, I am not yet sure, that I have discovered with my Microscopes any cavity, and there_fore suspect there may be divers im_perceptible ones, for the Hair is nou_rished and grows, which it is not like it should do if the Body were solid; and if there were but a single cavity in it, as in the lower part of a Quill, 'tis like the Microscope I used would have dis_covered it, since with one much infe_riour I could easily see, that several little short Hairs, that grow upon the Animal that yields Musk, had each of them a cavity in it like that of the lower part of a Quill.

To the things that have already been said about the Porosity of Bones, I shall now add an observation of a very learned Physician, that is very remarkable to our present purpose, because it argues, that even Bodies not saline, nor actually moist, may from without get into the Pores and Cavities of Humane Bones. Divers Physicians have complain'd of the mis_chiefs done to the Bones by Mercu_ry, employ'd to salivate in Venereal Diseases. Whereof I remember I have read a very notable Instance, in a learned Book (which I have not now by me) of an eminent Roman Pro_fessor of Physick, who had the opportunity of making several curious ob_servations in the famous Hospital of the Incurabili at Rome; and is there_fore the more to be credited; where he relates, that in the Cavity of at least one Pocky-mans Bones, there was found real Quick Silver that had pe_netrated thither. And this brings into my mind a memorable observation of an ancient and experienced Physi_cian, who being famous for the cure of Venereal Diseases, was asked by me, what Instances he had found of the Penetration of Quick-Silver, either outwardly or inwardly administred, into the Bones of men? To this he answered, that he could not say he had himself taken notice of any Quick_Silver, in the Cavities of greater Bones, but that some other Practition_ers had told him, that they had met with such Instances, as I enquired after. But for himself, he only remem_bred that a Patient, who had been ter_ribly fluxed with mercurial Inunctions, coming afterwards to have one of the Grinders of his lower Jaw pulled out, because of the raging pain it had long put him to; my Relater had the cu_riosity to view narrowly this great Tooth, and found, to his wonder, a little drop of true Mercury in that slender Cavity of the Root, that ad_mits the small Vessels which convey nourishment and sense to the Tooth, in more than one of whose three Roots he affirmed to me that he found true, though but exceeding little, Quick-Silver. Eustach. Ruchius (apud Sen_nertum) lib. 5. de morbis acu_tis cap. 15. But a full Testimony to my present purpose is afford_ed me by the experienced Physician Eustachius Ru_dius, who relates, that he saw himself, and that others also observed, some Bodies dissected, of those that had been a_nointed for the Venereal Pox, in the Cavities of whose Bones no small quantity of Quick Silver was got to_gether, (which yet (to add that upon the by) he says, did not hinder some of them from living many years, surviving those Inunctions.)

&horbar

CHAP. VIII.

I Am not ignorant that, among the Particulars laid together in the foregoing Essay, there are some that are not absolutely necessary, to prove the Porousness of the Bodies of Animals. But I thought it not impertinent to mention them, because I hoped that they, in conjunction with the rest, may be of some use to Naturalists, in giving an account of several things that pass in a Humane Body, whether sound or sick, especially if it be of a Topical dis_ease, and may remove, or much lessen that great Prejudice, that makes ma_ny (and some of them otherwise learned) Physicians despise the use of all Amulets, Pericarpia, and other ex_ternal Medicines in Distempers of the Inward parts, upon a confident, but not well grounded supposition, that these Remedies immediately touching but the outside of the Skin, can_not exercise any considerable operations upon the internal parts of the Body.

But though I have thus acknow_ledged some Passages of the foregoing Essay to be supernumerary, yet I must not dismiss it without intimating that I might from one Topick more have fetched a probable, though not a de_monstrative argument, in favour of the Porousness of Animals. For this may be very probably argued from hence, that even Inanimate, Solid and Pon_derous Bodies, that in all likelyhood must be of a far closer Texture than the living Bodies of Animals (whose various Functions require a greater number and diversity of Pores in their differing Organs) are not devoid of Pores, and have some of them very numerous ones, as will be sufficiently made out in the following Essay, to which I shall therefore hasten.

N. B. The following Paper is that which is refer'd to in the 35th Page of this Essay.

Pharma copœi� Re_gi� classis xiii. pa. 614. 615. Hujus rei veritatem comprobat Doctissimus ac celeberrimus Medicus & Philosophus D. Johannes Chrysostomus Irmbler, Statuum Moravi� Marchionat�s Pro_tomedicus, his verbis ad me scribens: Et revera paravi ego, Anno M. DCLV, quo tempore inter Infectos versabar quo_tidie, Trochiscos Bufonios, e�sque ut c�tera Helmontii, indefessi veritatis indagand�, & ex puteo Opinionum ve_terum nostram credulitatem exc�canti_um eruend� nati Philosophi, experi_menta suas laudes sustinere, comperi: Inter, viginti autem Bufones vix unum quidem, jucundo sane spectaculo, vidi ver_miculos, per nares & oculos egressuros, manu repellere quamdiu poterat, donec elanguerit Bufo: sed Trochiscos ex vermiculis un� cum pulvere emor_tui bufonis, & materi� per anum (nondum vidi per vomitum;) scilicet alis, pedibus, capitibus, ventribus Scara_b�orum viridibus, auratisve & nigris, quos bufo cum terra in escam vena_tur, eject�, cerea patin� exceptis, cum Tragacantho rosato formatos, pluribus personis super anthraces opponi feci, atq; ullum eorum mortuum esse dicere pos_sum, sed & meorum domesticorum, ut & aliorum, quibus dedi, amicorum nullus, quod scio, infectus est. Sic comperi non tan_tum hisce Trochiscis enervari virus pestilens in Carbunculo jam admissum, ut dein vulgaribus chirurgicis remediis ulcus facili negotio fuerit curatum, sed etiam ad sinistram mammam liga_tos, mihi meisque accursui & occur_sui infectorum expositis, animositatem quandam indicibilem conferre, atque ita miasmata & effluvia pestilentialia abarcere. Hucusque Excel. Medicus Moravi�.

|CSC |Y1696 &horbar Imprimatur, Decemb. 29. 1695. Robert Southwell, V.P.R.S. &horbar Brief Instructions For Making OBSERVATIONS IN ALL Parts of the World: AS ALSO For Collecting, Preserving, and Sending over NATURAL THINGS. BEING An Attempt to settle an UNIVERSAL CORRESPONDENCE for the Advance_ment of Knowledg both Natural and Civil. &horbar Drawn up at the Request of a Person of Honour: and presented to the Royal Society. &horbar LONDON: Printed for Richard Wilkin at the King's Head in St. Paul's Church-Yard, 1696. Brief Instructions for the making Observations, and Collections, in order to the promotion of Natu_ral History, in all parts of the World. &horbar

I. At Sea.

Observations to be made at Sea. KEEP a Journal of the Ship's Course: Of the Lati_tude, as often as taken: Of the Variation of the Com_pass: of the Soundings, observing what sorts of Shells, Sand, or other Matter is brought up with the Plum_met. In Calmes, or with any other Opportunity, both at Main Sea, or elsewhere, sound to the Bottom, if all the Line or Tackle you have will reach it; but if not, only note what Length of Line you used. In the said Journal also keep an Account of the Currents: of the Brizes, and other Winds, as well those which are settled and constant, as those which are accidental: of Storms and Hurricanes: of the Rise and Fall of the Weather-glass: Of the Weather, Heat and Cold, Fogs, Mists, Snow, Hail, Rain, Spouts or Trombs, vast Discharges of Water from the Clouds, Thunder, Lightning, Meteors, &c. Observe whether some Seas be not salter than others, or distant Parts of the same Sea differ not in Saltness: Whether the Water of the Sea be not warmer than ordinary, or suffer not some unusual Bubblings or Commotions before Storms, or there do not some other like uncommon Accidents forerun them, whereby they may be foreseen: What Voragines or Whirlpools ap_pear at Sea, to what Distance the Force of their Flux or Stream extends, whether they only receive and swallow in the Water, or spue it forth, or, if both, with what Periods, i.e. at what time doth each begin and end: What sorts of Fowls occurr at Main Sea: What Fishes, what Weeds, Shrubs, or other things. In brief, take notice of every observable natural Occurrence throughout the whole Voyage, and this too in as full and circumstantial a manner as may be.

II. Upon the Sea-shores.

Upon the Shores. OBserve to what perpendicular Height the Sea rises at high-water: what Space of Time passes between the Ebb and Flood, and a_gain, between Flood and Ebb: What kinds of Fish reside near the Shores, particularly what Shell-fish: What Fowl are most frequent there: What Weeds, Shrubs, &c. also what Shells, are flung up by the Sea: What Shrubs, Weeds, Mosses, Sponges, Coralls, or Coral_line Bodies, e.g. Sea fans, Sea-roses, &c. grow out upon the Shores, Rocks, or Cliffs: What sorts of Pebbles, Flints, Marchasites, or other Stones, lie upon the Shores, or are washed out of the Cliffs, by the Tides, and beating of the Sea-waves: Whether there be not found Grains of Gold, or Silver, or Lumps of other Metalls, or Mi_nerals, Amber, Crystal-pebbles, Agates, Cornelians, or other Stones that have somewhat observable in them, either for Lustre, Texture, or Figure; and particularly Stones that resemble Muscles, Cockles, Periwinckles, or other Shells. But more especially take notice whether by great Inundations, Storms, or Hurricanes, there be not thrown up out of the Sea, some sorts of Shells that are not flung up ordinarily, and at other times; as also whether upon the Seas beat_ing down, and washing away the Earth from the Cliffs, there be not disclosed Glossopetr�, Teeth, Bones, or Shells of Fishes, that were originally lodged in those Cliffs, but since beaten and washed out, these being commonly somewhat decayed, as also more dusky, foul, and black, than those Shells, &c. which are thrown up by the Sea.

Directions to the Dyvers, for Pearl, Co_ral, and Am_ber. In all such Places where there is any sort of Dyveing, and parti_cularly for Pearls, observe what sort of Earth, Sand, or other Ter_restrial Matter, is found at the Bottom of the Sea: What Weeds, Shrubs, &c. what Shells of all kinds, or other Bodies, taking a particular account of all the several kinds of Shell-fish that yield Pearl; as also at what Distance from the Shores the diveing is made: To what Depth and how long the Dyvers can endure un_der Water. In the Coral-fishing observe in what Manner or Po_sture the Coral, particularly that which is shrubby, and the Sea_Fans grow; whether upright, horizontally, or flatwise, or hanging with the Heads downwards: To what Bodies it grows or adheres: Whether it grow only in such Parts as are constantly covered by the Sea Water, or such only as are uncovered when the Tide is down, or both indifferently: If constantly under Water, whether in the Shallower, or deeper Parts of it: And whether it grow chiefly in such Places of the Water that are calm, and still, or where it is more rough and agitated by beating against the Rocks, Cliffs, &c. Of how many several Colours it is: And to what Bigness both the rude Coralline Mass, and the Shrubs, and other Coralline Bodies ever arrive. The same Directions may serve indifferently for the Amber_fishers, with this only Addition, that they carefully observe whether the Amber be not also found in the Earth, and Cliffs, in all such Places where it is found upon the Shores: And whether that which is thrown up by the Seas Flood, may not justly be presumed to have been born down from the Cliffs by its foregoing Ebb.

III. At Land.

Observations of the Wea_ther at Land. 1. TAKE an exact account of the Brizes, and other ordina_ry Winds, with the Quarter from whence they blow, what time they begin, and how long they last: Also of other Winds, Storms, and Hurricanes: As likewise of the Weather, Heat, Cold, Fogs, Mists, Snow, Hail, Rain, Thunder, Lightning, Meteors, &c. with the Seasons of the Year most obnoxious to these Rains, &c. Their Quantity: The Time of their Duration: keeping also a Re_gister of the Weather-glasses, both Thermometer and Barometer.

An Experi_ment to be made. 2. The following Experiment being of considerable Impor_tance, as serving to determine several Difficulties in the Natural History of Rains, Vapours, &c. and being likewise very easily try_ed, it is desired it may be done with Care and Exactness in all Parts of the World. Get some Vessel either of Copper, Wood, or Earth, about 2. Foot wide, (or if wider the better) and at least a Foot and half deep; be sure it be firm and sound, and that it do not leak in the least. Fill it about 3/4 full of Water: Cover it over with a Net, or very thin fine Wier-grate, to keep off Birds, or other Creatures from drinking the Water; and then set it forth, either upon the Leads of some flat-roof't House, or in the midst of a Garden, or some other fit Place, where the Sun may shine upon it all Day from Sun-rising to Sun-setting, or at least as much as may be. Then with some Rule or Measure take the just perpendi_cular Depth of the Water, noteing down the Depth, and the Day of the Month, and so leave the Vessel standing out. Once or twice a Week (or oftner, if either the Rain be so much as to fill the Vessel, and endanger its running over, or the Heat and Drought such as to quite dry up all the Water, for either of these Accidents will elude the Experiment) Visit the Vessel, and take nicely the Depth of the Water, noteing that Depth, (in a Register to be kept for the purpose) and the Day of the Month; and if it be dry Weather, so that the Water is evaporated and sunk lower than it stood when the Vessel was first set forth, then put in just as much more Water as will raise it to its original Height: But if it hath rained, so that the Water is raised higher than it was when first set forth, after that the just Measure of it is taken, and noted down, take out so much of the Water as to reduce it to the Level at which it stood when first set forth. This Experiment ought to be continued thus for one whole Year at least, but longer if possible; only during the Time of Frost, no Observation need be made, the Water in the Vessel then neither rising nor falling.

Observations concerning Springs. 3. Let there be an account taken of all Springs; both the stand_ing or stagnant ones, and those which emit forth their Water, forming Brooks, and Rivers; observing whether they rise out of high or low Grounds; whether they be turbid or clear: hot or cold: Whether they ebb or flow: Whether they incrust or petrifie Sticks, Straws, or other Bodies that lie in them: Whether they contain Bitumen, Petroleum, Salt, Nitre, Vitriol, or other Mineral Matter in their Water: Upon what Occasions, or at what Seasons chiefly their Water encreases or decreases. In the Running Springs observe the Quickness of the Stream, and Quantity of the Water dis_charged.

Concerning Rivers and Lakes 4. As to Rivers, observe their ordinary Depth, Breadth, and the Quickness of their Stream: The several sorts of Fishes, parti_cularly the Shell-fish in them: All sorts of Plants that grow in them. On their Shores take notice whether there be not Amber, Cornelians, or other Stones valuable either for their Colour, Texture, or Shape, and particularly whether any Stones that in Figure re_semble the Shells of Muscles, Cochles, Perewinkles, or the like. The same Directions for the main may serve for Lakes and Meers, only it were to be wished that these were carefully sounded, and their Depths taken, in several Parts of them.

Concerning Metalls, Mine_rals, Stones, Earth, &c. 5. Observe the several sorts of Marls, Clays, Loams, or other Soils, at the Surface of the Earth: And whether there be not al_most every where a Coat of one or other of these at the Surface, what_ever else lyes underneath. Take an Account of the several sorts of Metalls that the Countrey yields: As also of the Minerals, Rock-salt, Allum, Vitriol, Sulphur, Nitre, Loadstone, Cinnabar, Antimony, Talk, Spar, Crystal, Diamonds, Amethysts, Topazes, Emeraulds, and other precious Stones: Their Number, and the manner of their Growth: Likewise of Marchasites, Amber (for it is found in the Earth and at Land as well as at Sea) Selenites, Belemnites, Flints, Pebles, &c. in what manner they are found, and at what Depths: In what Quantities, and whether the Metalls and Minerals are separate and pure, or mixt: Of what Figure they are, and whether the said Metalls, Minerals, precious Stones, &c. lie in the Beds of Earth, Cole, Chalk, Stone, &c. or in the Veins, Clefts, or perpendicular Inter_vals, of the Stone, Marble, &c. Endeavour to get Information whether Metalls or Minerals have a Natural Growth, or a Natural Decrease, in any Part of the Mine: And what Rules the Miners give for the Discovery of Metalls and Minerals latent in the Earth; or by what Signs they find them. Also take Account of the seve_ral sorts of Stone, Marble, Alabaster, Cole, Chalk, Okers, Sands, Clays, and other Earths: Their Depths: The Thickness of their Strata or Beds: The Order in which they lie: the Situation of their Beds, whether level or not.

Of Water, of Wind, and of Heat in Mines: also of Damps. In deep Quarries, Mines, Cole-pits, &c. observe in what man_ner the Water comes in: in what Quantity, and at what Season of the Year it abounds most: and whether it be clear and tasteless, or be impregnated with mineral matter. Take an account of the Damps: of what kind they are: what harm they do: at what sea_son chiefly they happen: and whether there be not Sulphur, or Ni_tre, or both, in all Places where there are Damps. Observe also the Heat of Mines, by Assistance of the Weather-glass, if to be had, both Summer, and Winter, noteing how much it exceeds, or falls short of the Heat at the Surface of the Earth: and whether it be not greater at certain Depths, than at others And enquire whether in Mines, Colepits, deep Grottoes, or Caverns, the Work men are not sensible of Gusts of Wind breaking forth of the Bowels of the Earth.

Concerning Grottoes, and Mountains. 6. Get an Account of all Grottoes or Natural Caverns in the Earth: their Breadth, Depth, Length: what Rills or Rivers of Wa_ter passes them: what Metallick, Sparry, or other Mineral Incrusta_tions cover their Stones, or hang down, like Iceycles, from them. Get an Account likewise of the several Mountains, and Rocks: the Stone, Marble, or other matter, of which they consist: what Plants grow upon them: what Metalls or Minerals they yield: what Springs or Rivers issue out of them: the Heighth of them: especially it is much to be desired that the height of Pico Teneriffe, of the high_est Alps, and Pyren�es, of Mount Atlas, of the Mountain called the Table, nigh the Cape of good Hope, of the Armenian, Persian, and Chinese Mountains, and of the Andes, and other high Mountains in America, were exactly taken by Observation. Enquire farther, whether they are not by little and washed away by Rains, and so become lower: whether their Tops be not covered with a Fog, or Mist, especially before Rain: whether some of the highest of them have not their Tops covered with Snow, a great part, or all the Year: whe_ther at some times great Quantities of Water do not burst forth of them; with the Season that this happens, and whether attended with Heat, Thunder, Lightning, Storms, or what other Circum_stances: whether some of them emitt not Sulphureous, or other Steams, Flores Sulphuris, Nitre, or Sal-Ammoniack: whether any send forth Heat, Smoke, or Flames, as �tna, and other Volcanoes do: and whether near such there be not constantly Therm� or Hot-springs.

&rphand; Of Sea_Shells, and o_ther Marine Bodies, at Land, in Stone, &c. 7. But in regard that Sea-shells, Teeth, and Bones of Fishes, &c. are found very plentifully in England, and many other Countries, as well upon the Surface of the Earth, and the Tops of the highest Hills, as within the Earth, in Cole-pits, Mines, Quarries, &c. the said Shells, Teeth, &c. being lodged amongst the Cole, in the Mass and Substance of even the hardest Stone, Marble, &c. 'tis very ex_tremely desirable that careful search be made after these things in all Parts of the World, and an account kept where-ever they are found; particularly search ought to be made after these Shells, and other Bodies, at the Tops, and on the Sides of Rocks, and the Stone of the said Rocks be broken with Hammers, or other fit Instru_ments, to discover the Shells lodged within the Stone. And it would be of very great Use if the Top of Pico Teneriffe, and of the rest recited in the foregoing Section, and indeed of all high Moun_tains whatsoever, were thus well examined by those who have Op_portunity of doing it. Search likewise ought to be made upon the Surface of the Earth for the aforesaid Sea-shells, and for Stones that resemble them, especially upon the higher Grounds, as Hills, and particularly those which are plowed, where these Shells are very fre_quently found in great Numbers, and this too at great Distances from any Sea. But above all, where-ever there is any digging for Metalls, Minerals, Marble, Stone, Chalk, Cole, Gravel, Marl, or in short any other terrestrial matter whatever, if due Enquiry be made, there will be found of the abovenamed Shells in the said Marble, Stone, Chalk, Marl, &c. &lphand; And in the Cole, and Stone above it, are frequently found Fern and other Plants, and sometimes in other Stone too, especially that which is very fine and compact. Where_ver these Shells, Teeth, Plants, &c. are found, the Enquirer may please to note, along with the Place, what sorts of Shells they are: and whether they be of the same kinds with those found upon the Shores of those Parts or not: in what Numbers they are found: at what Depths: and what Earth, Sand, or other Matter, they con_tain in them.

Concerning Trees found buried in the Earth. 8. In Stone, Marl, &c. there are sometimes found Trees, of several kinds, buried, and, along with them, Nuts, Acorns, Pine_Apples, &c. but much more commonly are the said Trees found buried in Moores, Boggs, and Fenns, especially those out of which the Peat-Earth, or bituminous Turfs are digg'd for Fewel. Where Trees are thus found, be pleas'd to Note what kinds of Trees they are: and whether there be of the same sorts now growing in the Country: what bigness they are: and whether they be intire, with roots, and branches, as well as Trunks: in what numbers they are found: at what depth in the Earth: in what kind of Earth, or other matter, it is that they lye: and what else is found along with them.

Of Diseases, Casualties, Earthquakes. 9. Take an account of the more observable and peculiar Diseases of the Country, with what seasons of the year are most subject to them: and of the other Casualties, particularly Earthquakes, noting all circumstances that precede, attend, and follow after them: e.g. the condition and temperature of the Air, as to heat and cold, wet or dry, thick or clear, calm or windy, before the Earthquake: and whe_ther the Springs are warm, turbid, or emitt Sulphureous or other of_fensive steams: noting likewise the extent of the Shock, to what distance it was felt, and whether in all places precisely at the same minute of time: how great was the force of the Shock: whether it crackt and tore the earth: removed any tract of Ground: raised, or sunk it in: whether any heat, fire, water, &c. issued out at the said Cracks: whether, in case there be any Vulcanoes, or burning Moun_tains, near, they emitt not flames with greater violence and noise than usual, at the time of the Earthquake, or a little before, or after it: or whether they spue not forth water: whether the Water of the Wells, Springs, and Rivers thereabouts do not become warm, turbid, or send forth more Water than usual, at the time of the Earthquake: whether the Neighbouring Therm�, or Hot-springs, if any, become not more hot, and muddy, than before; whether the Sea adjacent does not become warm, or hot, and suffer great Commotions, and ex_traordinary Tides, at that time: whether there follow not great winds, rains, thunders and lightning after the Earthquake is over: and whether fevers, and other distempers do not then invade the inhabitants of those parts, yea the very beasts, fowl and fish: whe_ther lastly, Earthquakes happen in any, unless mountainous, caver_nous, and stoney, Countries, and in such as yield Sulphur and Nitre.

Concerning Plants and A_nimals. 10. As to the vegetable and animal productions of the Earth, observe whether the Country be fruitful or barren; what kinds of Trees, shrubs, and herbs it produceth that we have, and what kinds that we have not in England: whether in those Countries that lye betwixt the Tropicks, the Plants be not all in perpetual verdure, without ever falling all their leaves: and whether they have flow_ers, green, and ripe fruit upon them all the year round: or whether there be any of those sorts of Plants there which are called annual ones, and dye yearly: or any whose tops, and all, save their roots, dye away, and sink into the ground for some time, but afterwards spring forth and grow up afresh, as Daffadils, Tulips, and other bulbous Plants, do here; also what Fowls, what Beasts, Serpents, Lizards: what Flies, Moths, Locusts; what Beetles, Grashoppers, Spiders, or other Insects: what Tortoises, Snails, or other Creatures cover'd with Shells, are found living upon the Earth.

&horbar

An Appendix relating to the Natives of Guinea, Monomotapa, and other the less known parts of Africa: of the East, and West Indies: Tar_tary, Greenland, or any other remote, and uncivilized, or Pagan Countries.

1. AS to their Bodies, observe the features, shapes, and propor_tions of them; but more particularly the features of their faces: their Eyes whether large, or small: their Noses whether flat and low, or sharp and raised: their Hair long, or short and curled or woolly: the colour of their Skin whether white, brown, tawny, olive, or black: the colour of their Infants when first born: whether white people removing into hot Countries become by de_grees browner, &c. and Blacks removing into cold Countries, paler: whether People that inhabit the Countries which are hottest, be in Complexion of all the blackest: whether there be true Negroes Natives of any parts of the world, besides Guinea, and the adjacent parts of Africa. Observe also the size or bigness of their Bodies: their strength, agility, &c: and to what age they commonly live. Observe likewise whether they paint their bodies: what parts of them they paint, what colours they lay on: what figures they paint: and how they do it.

Their Man_ners. 2. Observe their Tempers, Genius's, Inclinations, Virtues, and Vices.

Their Tradi_tions. 3. Enquire into their Traditions concerning the Creation of the World, the universal Deluge, the People from whom they are de_scended, and the Country from which they Originally came.

Their Religi_on, &c. 4. Enquire into their Notions touching the Supreme God, Angels, or other inferiour Ministers: whether they pay any worship or re_verence to the Sun, the Moon, the Earth, to high Mountains, to Rocks, Grottoes or Caves, in the Earth: to the Sea, Lakes, Rivers, Springs: to Serpents, or other Animals: to Trees, Woods, or Groves: and whether they do not use to build their Temples, and set up their Altars, or Images, in Groves. Enquire into all their o_ther Religious Doctrines, and Ceremonies: their Sacrifices: whether they offer Men, or Children: their Idols: their Priests: their Temples, Al_tars, Feasts: their Lustrations, or Purifying themselves by Water: their Sortileges, or casting of Lots: their Divinations, Charms, and Conjurations: Also their opinions concerning the Devil, and whe_ther they pay any sort of adoration to him: likewise their Doctrines concerning the Soul (its Immortality, its Transmigration into men, or other Creatures,) and a future State: their Customs and Usages at the birth of Children, and in the education of youth: their Ceremonies at Marriages, at Funerals, and whether they burn, or bury their Dead: if the latter, whether they embalm the body, or dry it, and bury money, Victuals, Cloths &c. along with it: the form of their Year: the time it begins: the method of their Compu_tation of time, and to how many years backwards their Tradition reaches.

Their Laws and Govern_ment, their Arts and Sci_ences, with their Customs both Civil, and Military. 5. Get an Account of their Laws, and Civil Government: their Language, their Learning: their Letters, and whether they write on Paper, the leaves of Palms, or other Plants, Bark of Trees, &c. or, instead of writing, use Painting, and Hieroglyphicks: their Musick: their Diet: their Agriculture, or Tillage: their methods of Hunting, Fowling, and Fishing: their Physick, Surgery, and the Simples they use: their Poysons; their Navigation, and the make of their Vessels: all their other Arts, and Sciences: their Manufactures, Traffick, Commodities, Money, Weights and Measures; whether they under_stand the melting and ordering Iron, and other Metals: their Ap_parel: their Houses, and other Buildings: their Utensils and In_struments, whether made of Iron, Stones, Fish-bones, Shells &c. their Exercises, and Sports: their Government and Discipline in War: their Weapons, Bows, Arrows, Darts, &c. their Warlike In_struments, Drums, Tambours, Cymbals: their Punishments, and Executions. To be brief, make enquiry into all their Customs and Usages, both Religious, Civil, and Military; and not only those hinted in this Paper, but any others whatever.

&horbar

Directions for the Collecting, Preserving, and Send_ing over Natural things, from Foreign Coun_tries.

What things to choose; and how many of each. 1. IN the Choice of these Things, neglect not any, tho' the most ordinary and trivial; the Commonest Peble or Flint, Cockle or Oyster-shell, Grass, Moss, Fern, or Thistle, will be as useful, and as proper to be gathered and sent, as any the rarest production of the Country. Only take care to choose of each the fairest of its kind, and such as are perfect or whole. As to the Number, six or eight of each sort is enough; But where so many of the same sort are not to be easily got, send one, two, or more as they can be procured.

All Places and Seasons afford somewhat worth the Ob_serving and Collecting. 2. For the time of making Observations none can ever be amiss; there being no season, nor indeed hardly any place wherein some Natural Thing or other does not present it self worthy of Re_mark: yea there are some things that require Observation all the Year round, as Springs, Rivers, &c. Nor is there any Season a_miss for the gathering Natural Things. Bodies of one kind or other presenting themselves at all times, and in Winter as well as Summer; only for Amber, Onyxes, and other Stones that lye in the Sea Cliffs: as also for the Glossopetr�, Teeth, and Shells that are there, search may be made to best purpose after Storms, because they are then chiefly beaten and washed out of those Cliffs. So likewise for the Gold Grains, Stones of all sorts, and Shells that are found upon Mountains, search ought to be made especially after Rains, because these wash of the Soil, and so discover them.

Minerals: and Fossil-Shells, of all sorts, to be sent. 3. It were very well that there were sent over hither some Specimens of all Natural Bodies whatever: To begin with Fossils; Let there be sent Samples of all the several Varieties of Marble, Ores of Metals, Native Minerals of all kinds, e.g. of Antimony, Sulphur, Nitre, Alum, Talck, Sparr, &c. of the Metallick, Sparry, Vitrio_lick, Nitrous, Aluminous, and other Iceycles that are found hang_ing down in Grottoes, and the Fissures of Rocks: the Crystal_lized Sparrs, Salts and Ores: common Pebles, Flints, Marcha_sites, &c. I call that a Variety wherein there is any difference as to Colour or outward Appearance, or in Weight, in the Quantitiy of the Metallick or Mineral matter or in the manner of its mixture. Of the forementioned, three or four of each Variety will be enough: but for Agates, Cornelians, Amber, Crystal, Diamonds, Amethysts, Sele_nites, Belemnites, or (as the Vulgar calls them) Thunderbolts, and the like, be pleased to send (of those which are found single and loose) six or eight of each, wherein there is any difference in Figure, Bigness or Colour: but for those which grow together (in Clusters or Bunches) to the Rocks, send Samples of them with part of the Rock to which they grow. As to those Stones that resemble Cockles, or other Shells, be sure to send six or eight of each wherein there is any the least difference, &c. For the Sea_shells, Teeth and Bones, that are found at Land, on Hills, &c. and those which are digged up out of the Earth, and lye loose in Gravel, Chalk, Marle, &c. six or eight of each sort will be sufficient; but for those which are found lodged in Marble or Stone, and are not easily got out single, send pieces of the said Marble and Stone, of all sorts, with the Shells so lodged in them; choosing only to break off (for these Samples) such parts of the Stone that contain the fairest and most entire Shells, and such wherein they lye thick_est. The same likewise for the Fern, and other Plants found in Cole, Slate, &c. It were also not amiss that there were Samples sent over of the Nitre, Sal Ammoniac, Flores Sulphuris, Cinders, and other Bodies, that are flung forth of the Vulcanoes.

How to be packed up. 4. In order to the sending over these Stones, Minerals, Ores, Fos_sil-Shells, Teeth, &c. each ought to be put up carefully in a piece of Paper (the Place where 'twas found being first noted thereon) by it self, to prevent rubbing, fretting, or breaking in Carriage: and then all put together into some Box, Trunk, or old Barrel, placing the heaviest and hardest at the Bottom. Those Minerals which are tender and easie to be broken, as also the tenderer kinds of Fossil-shells, ought to be put up carefully together in a Box that is not large, and (besides the Papers) Coton, Chaff, or Bran, put up with them, the better to secure them.

Plants of all sorts to be sent over: and how to gather them. 5. As to Plants (as well those that grow at Sea, in Rivers, and Lakes, as those which grow at Land) four Samples of each kind (wherever there is any difference in Colour, or Figure, of the Leaf or Flower) will be sufficient. Where the Plant is large, as in Trees, Shrubs, and the like, a fair sprig, about a foot in length, with the Flower on that if that be to be had, may suffice: but of the lesser Plants, such as Sea-Weeds, Grasses, Mosses, Ferns, &c. take up the whole Plant, root and all. Chuse all these Samples of Plants when they are in prime, I mean in Flower, Head, or Seed, if possible; And if the lower or ground Leaves of any Plant be different from the up_per leaves, take two or three of them, and put them up along with the Sample.

Plants how to be dried, and preserved. 6. To preserve these Samples of Plants, put them each separately, betwixt the leaves of some large Book, or into a Quire of brown Paper, displaying and spreading them smooth and even. The next day, and afterwards three or four times at due distance, shift them into other Books or Paper, till they are sufficiently dryed, when a weight may be laid upon them to press and smooth them; and so keep them, in some dry place, till they be sent over, sending them in Quires of brown Paper, and writeing on the outside in what Country the inclosed collection of Plants were gathered. For, both for these, and all other things, 'twill be proper to put up the Productions of each Country apart, or at least with such distinction that it may be known whence they all came.

Seeds, and Fruits, of all sorts, to be sent. 7. Be pleased likewise to send Samples of Seeds of all kinds of Plants, even the most Wild and Common. But gather them not till they are Ripe, and then put each sort by it self in a piece of Pa_per, and, along with it (if to be had) a leafe and flower of the Plant off which 'twas gathered, writing on the said Paper the Names (if any) by which the Country people call the Plants to which they belong'd, and the Medicinal, or other uses, they make of them. Al_so Samples of such Nuts, Pods, Berries, or other Fruits, that will keep. But both these and the Seeds ought to be well dryed before they are put up, and to be afterwards kept dry. I had like to have for_got to desire that Patterns might be sent over of all such Woods, Barks, Roots, Gumms, Rosins, Nat. Balsoms, &c. that are of any use, or have any thing remarkable in them: likewise of all sorts of Fuss-balls, and Mushrooms which are hardy and will keep, as most of those that grow out of Trees will: but for the Earth-Mushrooms, which are more tender, they ought to be put up in Glasses filled with Rum or Brandy; many of them being so very elegant and curious, as well to deserve such care in the preserving of them.

Roots of ma_ny Plants may be so ordered as to grow when brought over into Eng_land. 8. In like manner Roots of Plants would be very acceptable. And there are many Sorts of them that, with very little trouble, might be so ordered that they would grow again when brought over, and set here, tho after a long Voyage. Particularly those which are Bulbous, Tuberous, and Fleshy; Such as the Roots of Tu_lips, of Lillies, Crocous's, Onions, Garlicks, Squills, An�monies, Po_tatoes, Yaums, &c. These, I say, and all like Roots, may be sent as easily and safely as Seeds, if taken up out of the Ground, and laid to dry till the Ships come away, and then only put in very dry Moss, Coton, or Sand.

Particularly of the Fern_kind. Then for all kinds of Ferns, or Brakes, Maiden-Hairs, Polypodyes Harts-tongues &c. which are indeed a very Beautiful Family of Plants, their Roots may be taken up, (to be in readiness) and laid again into the Ground, and covered there, in some shady place till the Ships are ready to Sail; when each root need only be enclosed or wrapt up in a lump of Clay or Loame, and then put up into a Box with Moss, and so sent over. In the same manner may Roots of Gingers, Turmericks, Flower-de-luces, and the like be sent. As also of all sorts of Arums, or Cuckopints, Herb_Dragons, &c.

Some whole Plants will grow when sent over hither. 9. Yea the very intire Plants themselves will, several of them, keep so long that they may be securely sent over hither; and will, if Set, grow afterwards, and thrive well enough. Such as all the kinds of Aloes, Semporvives House-leeks, Prickley-Pears, Turks_Caps, Euphorbiums, Torch-thistles, or indeed any others that are of a very juicey crass, or thick substance. These need only be hanged up in the Air, at the top of some Cabbin, to keep them from rotting, and they will come safe without any further trouble.

Beasts, Fish, Fowl, Ser_pents, &c. to be sent, and how. 10. For all larger Creatures, whether Beasts, Fish, or Fowl, 'twill be best to take off their Skins carefully and well, and send on_ly one or two of each. But for the lesser Creatures, such as small Birds, and Fishes, Lizards, Camelions, Salamanders, Serpents, and such like, they may be most of them well enough preserved by drying, especially if their Guts and Entrails be taken out. Unless you rather think fit to put some or the more rare, curious, and ten_der, into small Jarrs, filled with Rum, Brandy, or Spirit of Wine, which will keep them extremely well; and you may safely put as many of them into the same Vessel as it will well hold without crow_ding them, filling it up afterwards with Rum, &c. and then care_fully closeing it up. Of each of these three or four will be enough.

Coralls, and Shells to be sent. 11. As to Sponges, Brain-stones, Sea-fanns, Sea-roses, Corals of all sorts, Crabs, Lobsters, Sea, River, and Land Shells, whether common or uncommon; great or small, send five or six of each, wherein there is any Difference in Figure, Colour or Bigness. Of the Shells, where they are easie to be got, chuse those that have the Creatures still living in them (which yet ought to be pluckt out, or they will putrifie and stink) such being by much the freshest and fairest: but where such are not to be got, take the empty and dead Shells as you find them; only of the Bivalves or double Shells, endeavour to send both the upper and under Shell together.

Star-Fishes, and Sea-urch_ins. The several sorts of Starr-fishes, and of those round Shells (beset with Spikes or Prickles) which are called Sea-eggs, or Sea-urchins, are all very beautiful, and deserve well to be preserved. The Starr_fishes may be very easily dried, or put up into Brandy, and so sent. But the Sea-urchins are very tender and brittle, so that 'tis not so easie to preserve them, especially with their Spikes on, which 'tis greatly desirable might be done; and of all, those that are beset with the largest Spikes, are the most rare and curious, so that too great Care and Exactness cannot be bestowed in Preser_vation of them. If they will not dry well, they ought to be put up, each by themselves in Vessels of Brandy, e.g. Gallypots just big enough to contain them, so that they may not shake, and be thereby dispoiled of their Prickles. But if any of them are capa_ble of being dried, they may be put up (with their Spikes on) carefully with Coton in Pill-boxes that just fit them.

Directions to the Fishers for Pearl, Amber, and Corall. At the fishings for Pearl, Amber, or Coral, save Samples, not on_ly of the several sorts of Pearl-shells (as also of the Pearls themselves of all Sizes, Figures, and Colours) of Corals, and of Amber, but any other thing, whatever it be, that either the Divers, the Nets, or the Engines, bring up out of the Sea along with them. Shells, and Corals, how to be put up and sent over. These several sorts of Shells, Corals, &c. ought to be put up each in Pa_per, and then all into some Box, with Coton, Bran, or Chaff, and great care taken of those that are small, tender, and brittle.

Flies, and In_sects, how to be sent. 12. The greatest Difficulty of all will be to preserve, and send over safe, the Flies and Insects, by reason of the great Tenderness of them. Endeavour to procure some of all the several sorts of these, not exceeding 3. or 4. of each. Worms, Grubbs, Caterpillars, Spiders, Beetles, Grashoppers, &c. will keep best if put up, as many as conveniently may together, in Bottles with Bran_dy, &c. But the several sorts of Flies, Bees, Wasps, Butterflies, &c. ought to be put upon Pins, and stuck to the Bottoms, Sides, and Tops of small Boxes; but care must be taken that they stick very fast, for if one of them fall off and get loose, 'twill tumble about, and so break and destroy all the rest that are in the Box.

Some of the Idols, Pictures, Money, &c. of the Savages to be sent over. 13. It were likewise not amiss to send over some of the Idols of the East or West Indians, or any other of the less civilized Nati_ons, as also of their Pictures: their Writing, whether upon Paper, or the Leaves or Bark of Trees: their Money, Weights, Measures: their Instruments of any kind: their Domestick Utensils: their Ha_bits, or the things they wear, Skins of Beasts, Feather-dresses, Rings, Beads, &c. their Medicines: their Poysons: their Musical Instru_ments: their Weapons, Bows, Arrows, Darts, especially those that are headed or pointed with Flints, Bones, or Shells: their Drums and Tambours, &c.

A Caution a_bout the send_ing the Boxes to and from the Ship: and about the Of_ficers of the Customs. But for these, and especially for the natural things, that are thus sent over, great Caution ought to be used that the Boxes wherein they are, be not turned topsyturvy, or much tumbled and shaken in carrying to and from the Ship. And above all, that the things be not broken, or rifled and confounded by the Custom-house Officers and Searchers; which may be prevented by giving timely notice to your Correspondents here to get a Warrant, from the Honoura_ble the Commissioners of the Customs, that the Cases and Boxes may not be searched on Ship-board, but brought into the Custom_house Ware-house, and that some careful person attend there at their opening, to see that no Inconvenience or Damage befall them.

The Conclusi_on, to the Col_lectors of these Natural things. There remains now only one thing more to be hinted, and that is, in regard the Observations to be made both at Sea and Land are very many, and the Plants, Minerals, and Animals, to be collected, are also very numerous, 'tis not expected that any one single Person will have leisure to attend to so many things, and there_fore 'tis only requested that he make such Observations and Col_lections, more or less, as may be best suitable to his Convenience, and to his Business. If there be never so few Observations made or things collected, yet even they will be very gratefully received. But for such curious, and inquisitive Persons who shall generous_ly bestow a yet greater Diligence and Application in the Promoti_on of these many of them so very useful and considerable Parts of Knowledge, the learned and better Part of Mankind will be so much the more highly obliged unto them. And here are many of these things, especially the gathering and preserving of Insects, Shells, Plants, Minerals, &c. may be done by the hands of Servants; and that too at their spare and leisure times: or in Journies, in the Plantations, in Fishing, Fowling, &c. without Hindrance of any other Business, the things herein desired being common, and such as (one or other of them) occur in almost all Places.

Some Additions to be inserted each in their proper Places.

Pag. 1. line 18. WHether some Seas be not salter than others.] This may be tryed partly by boyling or evaporating an equal Quantity of the Water of different Seas, and then observing what Proportion of Salt each yields: and partly by finding the several Gravities of the Waters of the said Seas by means of the Instrument mentioned Numb. 4. in the List beneath. By the same Instrument may the Weight of the Waters of Mineral-springs, Hot-bathes, and Lakes, be tryed; which it were to be wish'd might be done in all Places. But above all, Enquiry should be made whether the Sea, in some Parts of it, and Lakes, have not their Water impregnated with Nitre and other Minerals besides Salt. This may be discovered by the Taste or Smell of the Water: by evaporating it, or some other proper means. The different Colour, Thickness, and Muddiness of the Water of the Sea and Lakes ought likewise to be noted.

Pag. 2. line 2. What perpendicular Height the Sea rises at high-water.] I mean how much it rises above the Level of low-water. Observe fur_ther at what time of the Moon, and seasons of the Year, the Sea ebbs lowest, or flows highest in any Place; not neglecting to note all other Accidents and Circumstances of the Tydes whatever they be.

ibid. line 6 Things flung upon the Shores by the Sea.] Amongst the rest look di_ligently for Amber-gris, the Natural History of which is yet very little known. 'Tis supposed to be cast out by the Sea; but whe_ther it be so really, or be drawn out of the adjacent Cliffs (as many other Bodies are, that were supposed to be owing to the Sea) is to be determined by future Enquirers; who would do well not only to make this a Part of their Consideration, but to observe likewise its colour, smell, and taste: The Quantity of it: what other Bodies are mixt with it, or lye near it: Also the condition of the Sea thereabouts, whether turbulent usually, or calm: whether the Water be frothy or oyly; and, to be short, all other circumstances that may give any light into this matter.

Pag 3. line 17. Of Winds.] Also of the different Effects, Constitutions, and Temperatures of Winds, which hot, which cold: which moist, or attended with Mists, or Rain: which dry, &c.

Pag. 4. line 16. Of Springs.] And whether there do not sometimes happen ex_traordinary Eruptions, or vast discharges of water out of them, with_out any externally apparent Cause. The same also concerning Lakes: as likewise concerning Grottoes.

ibid. line 27. Rivers.] And whether these do not also suffer sudden and unusu_al Eruptions of Water forth of their Sources: whether they have not periodical Inundations, occasioned by the great Rains that fall at certain Seasons, as the Nile, Ganges, and several other Rivers have: how high the Tides rise at their Ostia or outlets, and how far they flow up them; with the periods of the flux or reflux.

Pag. 5. line 21. Mines.] How deep are the deepest Mines and Colepits: whether there be not water continually draining and ouzing through the Ores of Metals, and the Spar, and other Minerals that lie in the Cliffs of the Stone: what are the peculiar Diseases that attend the Mi_ners: what Mines are chiefly detrimental to Health, and whether there be not some that are observed considerably to shorten the Lives of the Miners: also whether the Smoke, Ashes, &c. that fall upon the Grass near the Forges and Smelting-works be not hurtful to the Cattle that feed upon it: Lastly, Whether the very Waters of the Springs, Rivers and Brooks near, especially about Lead-Mines, are not sometimes infected with the Mineral steams, so as to be likewise noxious to the Cattle which drink of them.

A List of such Instruments, and other things, as may be serviceable to those Persons who make Observations, and Collections, of Natural Things. 1. THE Weather-glass now lately contrived by Robert Hook, M.D. Professor of Geometry in Gresham College, and S.R.S. of use at Sea as well at Land. 2. The common Barometer. 3. The common Thermometer. 4. The Hygrobaroscope, or small Glass Instrument, with the Neck or Stemm graduated into small Divisions, serving to try and compare the Gravity of Liquids, Waters, &c. 5. A Dipping-needle; in order to observe the several Degrees of its Inclination in all Parts, both at Sea and Land. 6. A large Quadrant, for taking the Height of Mountains, &c. also for the making Astronomical Observations, &c. 7. A Level, whereby to judge of the Situation (in respect of the Horizon) of the Beds of Earth, Stone, Marble, Cole, &c. in Mines, Quarries, Cole-pits, &c. 8. A two-foot-rule, or other like Measure, exactly graduated, as well to take the Depth of the Water in the Experiment related above page 3. as for other Uses. 9. Hammers, bigger and smaller, to break, and examine the in_teriour Constitution of Ores, Native Minerals, Stones, &c. with a Chissel wherewith to dissever or strike off shells from the Mass of Stone, Marble, &c. conf. pag. 6. and pag. 11. above. 10. Crucibles, Fluxing-powders, &c. for melting and tryal of Ores. 11. An Eradicator, or small Iron Instrument to take up the Roots of Herbs out of the Earth. 12. Several Quires of brown Paper to dry and keep Plants in. 13. Several Nests of Dutch, or Pill-Boxes: also Deal Boxes of several Sizes, in which to put up, and send over Natural Bo_dies. 14. Bottles, Jars, Gally-Pots, or other like Vessels, wherein to put the more tender Creatures, with Spirits &c. 15. Spirit of Wine, Rum or Brandy, to preserve the said Crea_tures, e.g. Insects, Lizards, Serpents, &c. 16. A Solution of Mercury Sublimate; or the same in Powder, a small part of which may be dissolved in a little Water, by boiling it gently in a Pipkin; which Pipkin ought to be kept for this only purpose, it being dangerous to put it to any other use, the Sublimate being a Poison. When the Liquor is Cold, a little Spirit of Wine may be added to it, if to be had. The use of this Solution is to chase and rub upon the Insides of such Animals whose Entrails are taken forth (as Page 14. above) in order to dry and preserve them; this serving to fence off Worms and Insects from preying upon them, pre_venting also the falling off of the Hair or Feathers, and securing them against Putrefaction, Stinking, &c.

It would be of incredible advantage to this Design, were all the Thermometers and Hygrobaroscopes used in it adjusted nicely and ex_actly after some one common Standard. Which would be a Thing very easie to be done, were they all bought of the same Person. Nor can I, if I may presume to recommend one for this purpose, nominate a fitter than Mr. Hunt, Operator to the Royal Society at Gresham College; who will not only procure the two mentioned, (graduated very carefully) or indeed any of the other Instruments, but likewise be ready to direct any one, who shall desire it, in the method of using them; or to advise and assist them in any o_ther thing tending to the promoting of this Design. For the Ther_mometers, were they thus all of them, adjusted to the same Stan_dard, (to be kept constantly in the Repository at Gresham College, where any Man might have recourse to it) 'twere easie to make a true and certain Estimate of the Heat or Cold in any part of the World where these Thermometers were used, for they would all of them constantly answer to one another, in what Country soever they were. By this means the Heat or Cold of all Places in the same Climate or under the same Latitude may be compared and known, for any, or all, Seasons of the Year. The same way may a comparative judgment be made of the Heat or Cold of Climates tho never so different and distant: the Heat of one Countrey or Place may be conferred with another; of one Mine, Cole-pit, Grotto, or other Subterranean Cavern, with another: the temperature of Valleys or Plains with that of higher Ground, and with the sides or Tops of Mountains; which would be a thing of real and very great use in many respects. So likewise for the Hygrobaroscopes: were they all ad_justed after the same Standard, there would be a fixt and standing Rule whereby to judge of the Gravity of Fluids all over the World whereever these Instruments were used. The Gravity of the Water of one Sea might be compared with that of another: of the Northern with the Southern Seas: of the Seas under the �quinoctial, with those at the Poles. So also of different parts of the same Sea, the Shores with the Main, or the Waters of the very same place, taken up at different depths, with each other. In the same manner may be examined the Water of Lakes, of Rivers, of Mines, Cole_Pits, &c. of Springs of all Sorts, both the Mineral ones and others, all over the World.

&horbar FINIS.

&horbar |CSC |Y1701 THE Present State OF PHYSICK & SURGERY IN LONDON. With an Estimate of the Prizes of all the MEDICINES Now in Use. IN A LETTER From a Merchant in London, to a Dispensary Physician, with the Physicians Answer. &horbar

Siste gradum, & specta: Non hic Ludicra peruntur Pr�mia, sed vestr� de Vit� & Sanguine certant.Cos acuens ferrum, quando �gro Vena secunda, Sic ait: ut prosim, qu�m mihi dulce teri?

&horbar LONDON, Printed for Thomas Speed, over against Jonathan's Coffe-House in Exchange-Ally in Cornhill, 1701.

The Subscribers to the Dispensary. SIR Tho. Millington President. Dr. Collins. Dr. Charleton. Dr. Torlesse. Dr. Morris. Dr. Hulse. Dr. Fowke. Dr. Goodall. Dr. Cox. Dr. Gibson. Dr. Harris. Dr. Briggs. Dr. Mills. Dr. Bateman. Dr. Dawes. Dr. Gill. Dr. Rich. Robinson. Dr. Pitt. Sir Edm. King. Sir Theod. Colladon. Dr. Harrel. Dr. Gray. Dr. Le Fevre. Dr. Hutton. Dr. Sloan. Dr. Hawys. Dr. Garth. Dr. Gaylard. Dr. Nicholas. Dr. Wright. Dr. Harvey. Dr. Drake. Dr. Woolaston. Dr. Woodward. Dr. Colebrook. Dr.Rich. Morton. Dr.Norris. Dr.Branthwait. Dr.Ch. Morton. Dr.Morelli. Dr.Cockburn. Dr.Hamilton. Dr.Horseman. Dr.Colebatch. Dr.Silvester.

&horbar &horbar The PREFACE to the Reader.

DEsigning to Publish these Papers, on a Subject in which every one is now, or will hereafter be Concern'd, I addresst to the Evening Meeting at the College, after they had given their Advice to a large Confluence of Patients, for a more particular Information, having lately met with some Reflections on the Dispen_sary. They gave me the Reasons, which mov'd them to make the first Subscription to their Repository of Medicines.

1. That the Apothecaries had often Reproach the Physicians, that the Poor were left to their Care, and that they neglected the Phar_maceutic Part, or the Preparations of Remedies, which was now lodg'd in themselves.

I was convinc'd that the Dispensary is the greatest Relief to the Poor, who have the best advice, and the best Physick at a very small Expence.

The Physicians are frequently considering the Drugs, and as care_fully viewing the common Preparations, improving them, and ad_ding others, which they judge more useful to the various intentions of their Art.

2. The Citizens very often Complain to their Physicians of the very chargeable Bills of the Apotheca_ries, and declare their Jealousie of a Combination in the multiplying Medicines, and Doses, beyond the Exigence of the Disease.

The Dispensary gives releif to the First, by affording theirs almost at the First Cost, 15 or 18 in 20 Cheaper than they are paid for in the Bill, at Christmas. And the Dispensary Physicians being under no Engagements with the Apothecaries, Cure their Patients with One, or a few Prescriptions, in less difficult Disorders: with no more, than are necessary in the more dangerous Distempers, carefully avoiding (all Me_dicines acting on Nature with more or less violence) the more hazardous Extreme. The Charge is under 10 or 20 Shillings in a Feaver or Small Pox, instead of so many Pounds. Ma_ny others require not Physick of more than Three or Four Shil_lings, which by the Craft of subdividing into Boles, and Pow_ders, and Draughts are in the Sum total of a Bill Four or Five Pounds, the Rates to be supported by the very hard Names, with which they are Dignify'd for this purpose.

3. The Third Reason respects the Physicians. They have been many Years under the dread of the Apothecaries power, who avowedly own, they Command in all the Families, and can bring in, or turn out, whom they please. They observe, they Go_vern as a Tyrant his Subjects, make them obedient by the grievous Taxes they are forc't to Pay. The People from the exorbitant Payments to them, dare not consult a Physician, un_less at the last extremity of a Disease.

The Physicians would govern their Pa_tients, only by their own Reason. They have the Liberty of having very cheap Physick, instead of very dear, and consulting them at the beginning of a Distemper, secure from an Expence which shall at any time surprize.

They would prevent their own Ruine, chiefly from their best Success. This has been hitherto the Case of the Faculty. If they Conquered a Distemper, the Remedy (tho' not the manner of using it) becomes the Apothecaries Nostrum, to be Sold out to every one, and their Successors: And the Doctor left at leisure to invent more, to remain with him during the Cure of one Patient, like the Ephemera, which lives but one Day.

Thus the Dispensary complies with the Two Proposals of the Apothecaries, removes the Peoples Complaints and Jealousy of a Cheat put on them by all Physicians, and gives the license to him of using his own Method and Prescript, to his Patients advantage and his own.

The Apothecary cannot with any ingenuity complain, that he is injured. For as he seizes on the Advising part, as a Depen_dency, he would annex to the Shop Trade: The other from the Example brings them both together to the better Service of the Publick. If the Apothecary proves an Ambodexter, feels the Pulse with one Hand, and makes Medicines with the other; Why may not the College please the People with the same Dexteri_ty? Unless (which is reasonable, where Health and Life are ta_ken care of) the Apothecary will wholly Practice the Judicial part, and leave the Ministerial of making Medicines to the Phy_sician.

But I have heard the Dispensary impeacht with the barba_rous Design of destroying the Apothecaries Company. They Scorn the ridiculous Imputation, and declare the greatest Esteem of those of that Society, who, like the Gentleman near the Col_lege, Moribus antiquis, are as Eminent for their Care in pre_paring the best Medicines, as their Integrity and Modesty in not invading the Profession, or abusing and destroying the People. The Apothecaries destroy themselves by their Numbers, multi_plying from a Thousand to as many more in the space of Eight Years, without any Prospect of checking the superfluous Increase.

They must therefore accuse the unhappy Conduct of their Com_pany, who would not foresee, and are now insensible of its fatal Consequences.

They avow with assurance, that they have or will take the Practice of Physick into their own Hands, only reserve Five or Six Great Men, to take on themselves the Odium of the Deaths of their Custo_mers. The Surgeons fare not better than the Faculty, They are re_serv'd for the Difficult Cases, are rob'd of all the more common; by success in which, they can only acquire Skill and Dexterity for the more Important. The Poor are undone in every Sickness, and de_stroyed in the subsequent, deter'd from applying to any Relief. The Dispensary pretends to preserve those, who are at present more numerous than the Apothecaries.

It will be the Alma Mater to the Physicians from the Two Uni_versities: who will be able to Exercise the Learning they had acquir'd there.

The other Objection I have often heard from the more unobserving People, or whose Memory may not serve them well, that the Apothe_caries sell us Cheap. It's granted, if they will. But do not they by their own and the Doctor's Artifices in dividing, sell an Electuary of 12 Pence (the most Cordial and most us'd in Feavers) in Boles for 12 Half Crowns: A Julep of the same Value, put into little Glasses, for almost as much. A bitter or other Decoction, which may be Boyl'd at Home in Silver, or cleaner Vessels, then in the Shop, of Two or Three Pence, brought in little Doses, at 10 or 12 Shillings. We will not quarrel their 11 Pence in the Shilling Profit, would only prevent the return of it 40 times in 24 Hours many days following, when the Patients advantage is the least part of the Design of the mincing and subdividing.

The Last and Vilest Objection is, that the subscribers to the Dis_pensary are not as Eminent, as the Physicians their Favourites. It's own'd they can make Famous or Infamous, by a few Cabals and Visits in all Quarters of the Town. But is there any part of Physick, even Poetry, which these Gentlemen cannot pretend to, as well as the other, who distrust their own Merit, by courting their Favour, and putting themselves into their Service; and plying them, as Porters a Shop of the larger Business.

I could not, till after a long Discourse, penetrate into the more abstruse and secret design of the Dispensary. 'Twas own'd at last by those the most proper Judges, that the People in the more common and usu_al Illnesses, recover easily by the Strength of Nature, or one or two proper Directions. In these a great, but useless Expence must pay the Attendance of the Apothecary, who has no gratuity given him but must satisfy himself by the number of things, he can prevail on the Sick to t�ke.

In the other Diseases with Danger, when Nature is weak or ra_ging and has only one Crisis (of its own choosing chiefly) by which it can be sav'd; and many hot or cooling Doses, unhappily given, or diverting the Crisis by one tampering, brings certain Destruction. By this unfortunate, but in vogue management, 'twas asserted, that the far greater Numbers are Kill'd and Destroy'd by Physick, who would undisturb'd have surely recover'd without Any.

The Dispensary Practice will in a little time demonstrate, that the Remedy to this Pernicious Practice can be only had from it self, secure from the Infection of this Inhumane Craft of growing Rich. Others therefore, who resolve to continue in the Old Mode and Fa_shion, and will have the Apothecary to please himself in the Price and Number of the Medicines they take, need not express any Re_sentment to the Dispensary, which only proposes a Method in all respects more Commodious for them.

They may expect that this will be Debated between the Physi_cians of the Apothecaries Party and the Peoples, the one Side re_lying on the receiv'd Maxim, si Populus decipi vult, decipia_tur, the other, on the Magna Charta of all Communities, Salus Populi Suprema Lex esto.

When it shall become Sensible, how much the Publick is im_pos'd on in the Expence in Sickness and in Life it self. The Laws which now Punish Offenders, who by Support or Discipline might have been diverted, will at last interpose the Cure of more Latent, and more enormous Crimes. The Faculty will have the Protection it Demands, after the performance of its Part, of all the stipulated Conditions. The Dispensary will have the publick regard, or observe its Enemies some times Punished with Fines, more than the Hundred Marks, or the other more Severe, the loss of Life, from Medicines in the exorbitant Quantity, as destructive as Poyson.

&horbar

&horbar &horbar A Letter from a Merchant in London, to a Dispensary Physician. SIR,

I reflected often after my discovery from my Feaver on the method reviv'd by the Dispensary Physicians, of treating their Patients with a few Medicines (not almost hourly every day, as is the present mode of the Town) but as you observe the effect of the last, and the apparent exigence of the Disease. This Caution gave me a greater confidence in your Art, and was improv'd by the assurance I had of the Medicines being faithfully prepar'd and dis_penc't at the College: the expence of which was less during my confinement, than I have had formerly exacted in one day. How often have I thought of the strict command you gave, that I should after my restless nights, remain undisturb'd till almost Noon, and of the repose and refreshment I never fail'd of during the morning. You demanded the first view of me, before I was rufled by any intrusion, especially by those who from a groundless pretence to skill disturb by vain enquiries, or terrifie by random Prognosticks, the entertain_ment for the mind during the inquietude of the night following.

When you allow'd me to sit up and receive my Friends, I had one day the conversation of my Relations, who had consulted you, They entertain'd me with this new Revolu_tion in Physick, and the generous design of the Dispensary, with which they declar'd themselves extremely satisfy'd. They told me that this Contest between the Honest Physicians of the Dispensary (thus it seems you are distinguisht, tho the word has lately lost its value) and the Apothecaries on the o_ther side, supported by their Confederates the Anti-College Phy_sicians, was as much the common Discourse abroad, as the difference of the two Companies, the Bank and their Antago_nists, or the great Factions, which divide the Nation. 'Twas not very easie to us, to find out, upon what reasons and pre_tences this Controversy began, and is now carried on with so much heat and animosity.

But we, who had been advis'd by you, and has us'd the College Remedies, could more easily discover the true causes of this Separation, than the Citizens, who yet ly under great Errours and Prejudices in this Affair.

The case I presume (and it was the Opinion of the whole Company) may be stated in these few particulars.

That the Honest Physician is oblig'd by the Trust repos'd in him by his Patient, and his Interest in the Success, to take Care, that the Medicines are effectual and Dispenc't with the utmost Fidelity. For if the Instruments he uses are not good, the effect of his Advice is lost, and by a mistake in Weight or Measure the Life of the Patient destroy'd.

The Apothecary neglects his duty to the Physician and the Sick: Is rarely in his Shop, prepars few Medicines, but buys them abroad under great uncertainties, and trusts raw un_experienc'd Apprentices to select the Ingredients and measure the Proportion in the Prescript.

The people, who are not acquainted with the Dispensary, of two Evils, as they think, choose the least. They believe, that, by using the Apothecary, they save the Physicians Fee, tho the Medicines excessively rated, and brought in little parcels to be taken often, rise to a greater sum, (by three in four in most cases) than both the Advice and Physick necessary in most Distempers.

The Associate Party of the College often feeling the Apo_thecaries power in the Families, readily come in, or are for_ced to serve under them, on condition they forward with all their Arts the Increase of the Bill, and raise their Ability to advise to an equal pitch with their own: By both which the Apothecaries Interest is more confirm'd and improv'd.

Your Design therefore is, to revive the former Pra_ctice of Physick, particularly that of Dr. Lower and Dr. Sy_denham, who had much greater success with fewer Remedies, then are now upon these different projects forc'd upon the people: or rather to expose to publick view, the methods, the Physicians at this time and the Apothecaries, use to them_selves and Friends, of avoiding carefully the excess, by which the most innocent things, when Nature is disorder'd, become destructive.

You design to convince the People by their experience, that the most useful and effectual remedies are of no great price.

The Publick will soon become sensible that the Expence in almost all Diseases of each day will be of one, two, or three Shillings, instead of so many pounds, at the usual rates of the modern management, and that their Distempers will sooner yeild to a few well prepar'd College Medicines, than to the common decay'd, vitious, and adulterate of the Shops, and that the Physician's Reward and the Expence of what he advises, comes far short of the Sum Total of a long Bill.

Your Dispensary therefore cannot fail of the Universal ap_probation, especially when the people shall reflect, that in many cases they have us'd themselves, the method you re_commend: preparing in their Houses the white Decoction, purging Infusions of Rhubarb, and Sena: or using the com_mon Cordial Waters, Spirits and Tinctures, bought of the Druggist, Chymist, or Whole-sale-Shop.

But when its use shall become more publick, your generous Charity and regard to Mankind, will be loudly applauded; and the advantage from it to this City allowed to be of great_er extent, than all the Royal and munificent Hospitals in Europe.

We could take this short view of the present and the fu_ture state of Physick (which is obvious to every one, who will consider his own Interest, or not be very unwilling to be inform'd) but because it is an Affair of the greatest concern of our Life. Your Friends oblig'd me to consult you, and report to them your Opinion of the greivous Distemper and the ~~worst~~ most probable methods of curing it, with an unani_mous resolution to support and encourage a Design, by which all Conditions of Men are equally oblig'd.

You prepar'd me to receive the dismal Account of the bar_bardous treatment of the Sick, by a Preliminary Postulatum, which no reasonable Person can refuse to allow, that the Zeal and Concern the Dispensary Physicians express to relieve the Publick, ought not to be less, than is justly expected by every particular, when he commits his Health and Life to the Care and Integrity of his Physician.

I am afraid, my memory has not retain'd the whole, your information consisting of so many parts: But these have made on me too great an Impression, to be easily for_gotten.

That we are more impos'd on, than any other Nation in the World, in all the Arts, which relate to Health and Life.

That the common and most useful Remedies are put on the people at a rate in the most fifty times, in many other one hundred times more, then their intrinsick value.

That the exorbitant Expense ruines the Poor, deters them and the Wealthy from a just care of their Health, to avoid the oppressive treatment in subsequent Diseases.

That to hide these Exactions from the people, the Apo_thecaries allow none to practice with them, but those Physi_cians who betray their Profession, countenance the use of a vast quantity of Physick, destructive to Health, and support the exorbitant rates in the Bill.

That the Physicians are by them brought into all the Fa_milies, even those, in which the Publick is greatly concern'd, whose most distinguishing Character is taken from their Zeal to serve their Interest.

Writing well is the Language for writing a very long Pre_scription; so much of it is for the Patient, the larger part is the Bribe or gratuity to these New Solicitors, who cannot fail; when they assume the power to govern and command (in the Physick business) all their Customers.

The esteem of the Profession is sunk by the Scandal of all the Deaths in the Town thrown on the Physicians, who are rarely consulted, but when the Case is made desperate by the Apothecary. The Patient therefore takes the Prognostick of Death from the change of Advice, and is depriv'd of that Assurance, which is the greatest support in Sickness, as in War, from the opinion of the Generals Conduct from former Success, and in all other the greatest Affairs.

That the Study of the Art is neglected, because the Di_seases are by ill treatment forc'd into unnatural Symptomes, and to differ from all these, your Authors treat of. There are in all the Books of Physick no Cases of Distempers manag'd by an Apothecary, by almost one common random method, your Writers having been careful in this particular to conceal the Infamy of the People and your Profession.

You perceiv'd my Surprize, and prevented my Reflection on the College, that they had not long since interpos'd to prevent the ruine of the People and themselves, by presenting me with the Papers publish'd by the President and Censors, and that lately concerning the Dispensary, subscrib'd by more than forty of the first Contributors. You pointed to me the Para_graphs which justifie, and support all the Articles of Impeach_ment. The account of the erection of the Dispensary at the desire of the City must silence even the Apothecaries, as well as the unwary Opposers, whose interest is procur'd by it. I observ'd its now almost ten years since, that a Committee of the Honest part of the College had expos'd these Grievances to the Lord Mayor and Court of Aldermen, and had afterward at seve_ral times convinc'd them of the necessity of removing the op_pression the Publick had long felt and complain'd of. It was concluded, that the Physicians should rate the price of the Medicines in his Prescription. This was haughtily rejected by the Company. At the meeting in their Hall some months af_ter, a small number of the younger Apothecaries offering to comply with it, were compell'd with Threats of the worst usage in their Society, to retract and withdraw their pro_mise. The Committee of the Aldermen and Commons propo_sed: (the Apothecary thus flying of from that as necessary as reasonable Proposal) That the College would provide a Reposi_tory of Medicines, which will have and may justly claim (especially after twenty thousand Bills made up there) their Regard and Protection.

The Governours of our Hospitals, who give their charity in directing the charity of the Founders in their respective Houses, where the health of some Hundreds is provided for, cannot observe the calamities of many Thousands with_out concern, and their Endeavour to promote their relief. Must we not conclude our selves Parties and Accessaries to the ruine of the Poor, who beside the pain and dread of the event of the Disease, are under the fear of spending their whole Substance, in one sickness, and being absolutely un_done? They are often releast from the Distemper by the strength of Nature and their Constitution, and under the fear of Arrests or in Prison for a Bill of the then useless Physick above their Ability to discharge. The condition of the Wealthy is equally piteable, and as much wants redress. The Ship cast on the Shoar is fill'd not with design to save but plunder: More Art shewen to raise the Bill, than to re_cover the sick Person. Declining Nature loaded hour after hour, the complaining or refusing Stomach forc'd to submit by cramming in more, and Life overcome by Surfets of too many Courses of Boles and Juleps.

The Laws of the last Age foresaw and provided against these vile abuses, but our Laws are subject to the same Dis_eases with our selves, or are falln into the Infirmity of old Age, to be regardless of others concerns, as they are neg_lected by them. 'Tis true, the Magistrate worthily shews his care of the publick in little things, adjusting the Mea_sures and Scales, and the orderly enquiry into the goodness of the common Liquors.

I suggested to you, and you allow'd it, that the Faculty could not want the Art of relieving it self: but you re_minded me, that one Party turns its Force against the other, and like a vitious Composition of Ingredients of opposite quali_ties, had no Power or Vertue to subdue the Epidemick Ma_lignity.

Its allow'd, that from one Absurdity admitted, many others inevitably follow, as one Cause produces many Effects.

The great Increase of Apothecaries is evidently the cause of all the present Grievances to the Profession of Physick, to Themselves and the People.

They are become one Thousand, including the Partners, more then ten to one Physician. The regulated Cities abroad allow no more, then can readily make up the Physicians Di_rections, in the other proportion of one to ten.

The consequence of so great and disproportionate a num_ber is not to be avoided, that nine Hundred of them cannot possibly keep good Medicines in their Shops. For most of the Compositions, and many of the Simples often mov'd in little quantities, are subject to evaporate their most active parts, to corrupt in a little time, and become vappid, or sour, or rotten and stinking. Who will believe, that the simple Waters, Tinctures, Spirits, Powders of volatile parts, Sy_rups, Electuaries, &c. can wait and keep well, till they have their turn to be us'd, when the Shops are as numerous as the Sick. There must be a quick vent and expence and use of all perishable wares. They must be thrown away and sup_plied a new, if the Customer cannot be impos'd on. But that experiment shall be sooner made, then a new Preparation.

This the Gentlemen soon observe in a Tavern, where the Draught is not great for want of Customers: and the Ladies see much antiquated Ware in the Mercers Shop not often visited.

Their number obliges 'em in imitation of Hawkers, to be always visiting the Families to recommend the taking Trade in all the easiest Cases, and in other cases to quicken the use of the Boles and Draughts. They are rarely seen attending the business of the Shop. The Prescript of the Doctor and Apothecary himself is left to be made up by the raw heedless Boy, not presumed yet to have Discretion equal to his Ma_ster, whose utmost care is required and depended on, where the Patients Life is lost by almost every mistake. For the violent, Vomitive, Corrosive, Chymical Liquours or Powders may be taken down instead of the Cordials of the same Colours. Can the Boy bring his mind to a steadiness to number the drops of Laudanum or the violent Acids, or to weigh to half a grain Opium or Elaterium? Shall the Boy judge, that the languishing Patient, he never saw, must dy by the Apozeme boyl'd in the Port after this or that other Decoction, or that a Copper Vessel with a rising rust of Verdegrise shall make poy_sonous or vomitive the next Preparation?

The honest Apothecaries lament the difficulties which by the exorbitant numbers are brought on the People and Themselves: That their Medicines cannot be vented while they are good and fit for use.

That the Scent, Palate, Stomach of the Sick must condemn the corrupted stinking Dose, before he can lay it aside. That they are then put on the difficult task of justifying a sour or musty Draught, by arguing against the Senses of the Sick and Attendants. That they and their Servants are barely us'd as Porters, (which gave the Motto, Opiferque per urbem Dicor) sent forward and backward to fetch and car_ry the Boles and Glasses: that they have not leisure in their Shops to prepare and compound any thing, but buy abroad in the hurry of posting up and down, what e're they can have at the Wholesale.

That they are forc'd to advise against their Conscience, com_manded by the Nurses and the People to own themselves as skillful as other Apothecaries, (who undertake any thing,) that they may not forfeit their present and future bu_siness.

That to live themselves they must endanger the Life of their Customer, and give oftentimes more than they would use themselves under the same Circumstance. They reflect with Horrour at first, that they violate the Laws of their Country, are subject to legal Fines, and adjudged Felons, if they mi_stake the Vertue or Dose of the Medicine. That they are ob_lig'd to set exorbitant prizes to the Poor and Servants, that the Wealthy may not discern the difference, and desire in that case, not to be rais'd so very far above the level with them. They are brought into the sad condition of the French King, who wantonly made his Meals on the raw limbs of his poor Subjects, as you may read the absurd description in the uniform Heroick Poem King Arthur.

The odd confusion of their business perplexes them: to be one hour wiping the blistred part, and clapping on Melilote, then in another Family giving a Glyster: in the next to consider, what to advise in a Malignant Feaver, and in the Convulsions of a Child in another. The last must be done, by the basest perfidiousness of stealing off the File this or that other Physicians Bill, they imagine may happen to hit the Case, and save him the trouble of seeing the Patient.

'Tis obvious, the prodigious number of Apothecaries, who in a few years will naturally increase of more than twice as many, and so forward in a double proportion, will necessa_rily oblige them to improve the greater vent of Physick, and the higher prizes. They will not be wanting in the per_petual incroachment on the Faculty. They will be always plying in at the Families, to raise and support their Inte_rest, against every thing which is not agreeable to it. They will assume the cures of many Thousands yearly, who would have been sooner well without Physick, to maintain the Title of Dr. given after a strict examination of the Nurse and the Attendants, who first salute them with it, and a Licence to Practice. They will struggle first with their own Fraternity, then the Members of the College, except their Tools the Confederates, while they gratify them, and write as well as can reasonably be expected, till another is known to practice a more profitable way of prescribing.

They will not bear or commend any method of Cure, but where Physick is ordered every Hour, and the management de_cently prolong'd, especially if the Customer is pleas'd with always mending.

They cannot suffer any Character of a Physician to pass without an Allay and Antidote, who will not justifie his Pra_ctice, and all his Medicines with the Air, and the assurance of a common Knight of the Post, and take the death of the Pa_tient on himself. Any Citizen who will give himself the trouble of thinking, will easily hence discern the reason of the perpetual Dissensions of the College. When one party would raise its reputation by serving the Publick faithfully, the other strenuously oppose all Projects of that kind, to merit the favour of the Apothecaries.

The Apostates from their own Profession are not to be inform'd, that the Dignity of the Faculty must sink, when the Physician is forc'd to delude the People, by applauding the unskillful or pernicious Treatment, and for his Fee has all the reproaches of the House and Funeral, when he dares not inform, that the Patient had the fatal stroke already gi_ven him, that the Medicines had not their vertue, that the usual mistake of the Apprentice in the change for another, or wrong proportion was the true cause of a now violent, not natural Death, when he rarely treats a Distemper at its be_ginning, commonly the only time to interpose between Nature and the Disease to any purpose: But is call'd in to no purpose in the end, when all is in confusion, the vigour of Nature spent, or opprest possibly with as many Doses, as you can number Hours in 8 or 10 Days. When he is chiefly impoly'd in worn out and vitiated Constitutions, as a Botcher or Cobler, when Mr. Tompion or any other eminent Artist would reject such a job or work with scorn.

When I went abroad to return the Visits to my Friends, and was recommending the Advantages of the Dispensary, and the Integrity of the Physicians, who are the subscribers to it, you will not easily imagine, how suprising it was to me, that many express'd a Prejudice to it, without desiring to understand the design of it. A notable Company round a Tea-table, had been exclaming, I perceiv'd, a great while against it, and concluded, that they'd go the old way, and expect till it came more in Fashion. That since they did not certain_ly know, how many had been kill'd by the Apothecary's ill advice or Errors in the Doses of Physick, they were easie enough not to find out new occasions of trouble. That e_very Fee to the Doctor on many accidents in the Year, went to the Heart: that the Bill at Christmas, tho' long enough to spoil the diversions of the Season, give but one, though a pretty strong Fit; which went off as soon as they could forget it, and came not again till the Year after. That they would not let the Servant go to fetch the things, when they could make the Apothecary do it, and rather their Maids should prattle at home with them, than gossip hours abroad at their Shops. I could only reply, that they themselves approv'd of the design of the Dispensary, when they us'd the Purging Salts, Pearl Juleps, Harts-horn Decoction, or the E_lixirs and Spirits of the Vapours, which their Physicians formerly had communicated to them, and which they bought off the Druggist at no great expence. It was al_low'd, but extorted from one of the Company with a visible concern in every Face, that the taking of that Tax had neces_sarily brought on others, and that they paid dearly for those and other Domestick Preparations, if the Distemper re_quir'd Foreign Assistance, and the Medicines unknown to the Family.

In the other visits, I made that day, I was startled at ma_ny scandalous Reports of the same form and contrivance in_dustriously spread abroad against the Subscribers to, and the present management of the Dispensary. The first I con_temn'd as malicious and senceless Imposthures; They had too much Poetry in 'em to pass for truth. The other part ap_pear'd ridiculously little and very easily refuted. That their Physick is as dear as the Apothecary's, when we experience the difference of 18 or 19 in 20. That their goodness is justify'd by the Subscribers care in the choice of every Drug, which they buy at the highest prizes. And their Reputation is answerable for every Accident or Defect. That they have not Servants sufficient, when they can ea_sily increase the Number from 3 or 4 to 10: and the want of Hands, supposes the growing business equal to defray the Charge of more. These Reflections are for the most part ve_ry awkardly made, there wanting the Assurance and self perswa_sion and concern, which becomes a Satyrist. If the subscri_bers have not the University Education or Capacity, for their Employment, they may consult the Apothecary's list of the College, and find out better, if they can. If they destroy all their Patients, and the Apothecaries and their Confederates never fail of success, the want of Advocates will prevent the tryal and nonsute the Debate. If the remedies are not good, the abus'd People will readily and seasonably complain. If they have no business, the Dispensary can have none, and will be only a Collection of Pots and Glasses, and the Servants sufficient to shew the useless Repository.

The People will in a little time apprehend, that their In_terest, in relation to Health, and Expence, is the subject of the Controversy, and that every one is both Judge and Party, and has power to give a definitive sentence, as far as himself is concern'd. Here is no Law to be enacted by Ma_jority of Voices, or any Restraint to be put on the Liberty of any particular person. He need not express a childish dread, as if to be Kidnapt away, and us'd in the most terrible man_ner all his life, and never more to be Master of himself.

But the Apothecaries complain with no Decorum, and the worst grace imaginable. You (to please the People) make your selves as like the Apothecaries, as you can, with the only difference of a Print from a Copper plate, where the fi_gures are exactly the same, only look a different way. You are become Doctor-Apothecary, and they have been these 40 years Apothecary-Doctors. You restore the ancient and cau_tious Practice by providing effectual Remedies, and prevent_ing many deadly mistakes. The Apothecary leaves his con_cern to the wholesale trade and his Boy, is always abroad gi_ving advice. Can any two things be more alike in the outward feature and appearance? Can they be justly dis_pleas'd with you, who give your care and countenance to the trade of making Medicines? As the Apothecary in return puts a value upon yours, in pleasing himself with the Practice of Physick. They reply They are forc't to it by the importu_nity of the People, so are you by the same importunity to send your Prescript to the College, by those, who like a good Medicine, at the Intrinsick value. They are afraid the Dispensary will in time ruine the Apothecaries Trade, who are industriously every day destroying your Profession. You are invaded with vast Numbers, like a Russian Army, who slay without Quarter, reserving only a few slaves to be cut of, if they bear not their Chains easily, or scruple any work they are put upon.

In other Conversations I had better success: I had per_swaded not a few to consult those of the Society they e_steem'd, at the approach of the Spring. I have had their thanks with large Accounts of the difference of the old and new Practice of Physick. So many Converts in my Neighbourhood brought on me the resentment of my former Apothecary. He expostulated with me the ill consequence to their Trade with the most bitter and envenom'd Reflections on the Dispensary, and the Promoters of it. You shall judge from his manner of arguing the Case. We do govern and command all the Families in the City. They believe us in every thing, to the advancement of our Trade, and the lessening the College Interest. When the Men are abroad, or not in the sick Chamber, we can recommend what Physician we please and decry the opposite Party. Do you believe we will spare one of them? Here he took out hastily of his Pocket the scandalous List Printed at the desire of the Master and Wardens of the Apothecaries Company, where our honest Phy_sicians are distinguish't by Marks from their honest Slaves, which being promiscuous in the College order, he blundred thrice, and shew'd me for Villains, those of their own Confederacy. But after some time he recover'd and told me, they were resolv'd to maintain the reputation of what they had hitherto done, as well as their Advantages over the College for the future. Many years since there has not been more than five Physicians, who have been rais'd but by serving us. They are call'd by us Topping Physicians, be_cause we put 'em on the People, as we please. You may observe, there are now in the Town of several Sortments and different Abilities, who pass by our Artifices for the greatest Men. Has not one risen considerably by our Favour, who has employ'd much of his time in writing 3 Folio Poems, which have been exploded by his Brother Poets and Physicians for the vilest bombast, which is now meant by lofty Poetry, every expression relating to Physick or Philosophy prov'd in Print to be triflingly absurd or false, and judg'd so even by us? Do no several of the College come over to us, and be_tray all that passes there? The rest are afraid, and dare not be honest and just to their Patients, fearing to incur our displeasure? Will we, think you, pardon him, who cures a Feaver, at the rate of 1 or 2 pounds, when our Friends, will raise the Bill for us to 10, 20 or 40? He that brings in the Fidler to the Company, will make him play what Tunes and as often as he pleases. What does the Dispensary pretend to impose on the Publick, that we are not useful out of our Shops, who give Glysters, dress Blisters, and Bleed when its easie, and like to have no ill consequence. I would not further concern my self, but only put him in mind, that one Sex was accommodated without them, and that the o_ther was properly the business of the Surgeon, who at_tends to these and the greater Cases of Surgery abroad without impediment to any part of his Profession. Besides, that the Blisters often inflam'd or corroded with the Acrimo_ny of the Humours, or wanting to be drawn to evacuate more freely, required more then the common treatment of the Melilote Plaister.

You had, I remember, made me very sensible, how much that excellent and most useful Art of Surgery was invaded by those bold Pretenders to every thing they do not un_derstand. They Bleed without suspecting the Nerve or Ar_tery may ly in the way. They apply to Inflammations or other Tumours, and keep in the putrid matter till the Sinuous, Fistula, or rotten bone gives pain loud enough to call the Surgeon.

Having had various Fortune abroad, I remembred I was in the Evening to meet a select Company of Merchants, and other Eminent Citizens. I determin'd to ask their as_sistance and council. I shew'd them all your Papers, and laid before 'em in all the Informations relating to the College, and our own immediate Interest. Some were discoursing of the Treaties abroad, and the common danger of our Liber_ty and Property from another sort of Invader. But at mine and our Friends request who were there, we came to debate of our more immediate concern, leaving the other to the Physicians, proper in those Cases. I was de_sired by them to give you a farther trouble, that you would remove the common opprobrium on the Profession, that it wants certainty and acts often by conjecture: And that more scandalous, that the Apothecary by seeing the Patient and you at the Bed-side is able to give Physick himself. And (after our Assertion of the cheapness of the best Medicines, and some contests about it) that you would, as in our Papers for sale by the Candle, give a pret_ty near Estimate of the value of every Preparation and Com_position or Simple now us'd in Physick.

We must wait for this Account, upon which the whole Controversy depends, but the Company would not doubt of the easie prizes of the most effectual Remedies, (as are fit for the use of that Prince now the regard of all Eu_rope) many of us having us'd of several kinds, of which the Dose was of no great value. After having lamented the miserable Condition of the Poor, and the vile treatment of all others these last 40 years, they were pleas'd they had now a prospect of better and more humane usage. They re_solv'd, they would make all their Acquaintance sensible of the generous design of the Dispensary, and engage 'em to the most industrious publication of its use, the only Pana_cea to the many Calamities of the sick. That they would not doubt to convince the most hitherto obstinate or heed_less opposers of it. That the Apothecary must be oblig'd to keep his Shop, that all his Medicines may be made at home, and dispenc't with his own hand, or under his careful in_spection. That his Apprentice may be imploy'd in the Shop to learn his Trade, and to be taken of from the giddy am_bition of aping a Profession a little too far remov'd from his. That our Servants shall be constantly sent for the Physick, the Directions being left at our Houses by the proper hand, that each of us sending our Porters, the hurry and confusi_on may be taken off from the Apothecary and his Servants, by which, many Patients Physick being convey'd at one time, the deadly Accidents which now frequently happen, may be avoided. Our Messenger will find the Shop sedately for_warding their important affair, every one will wait the mixture for his Master, by which the possibility of a mi_stake will be prevented.

The College will be safe from the temptations they now ly under, and from being in so large numbers debaucht from their vertue, and their indispensable duty to their Patient, which branches into every distinct regard of his Welfare. And, whereas the present one Thousand have 2 or 3 Ap_prentices each, which multiplying in the same Proportion, must raise the prizes of Physick, and the Quantity and the Industry of giving more, to the ruine at last of their credit with the People, there is no other method even to preserve themselves. The Families will then, as formerly, make choice of a Physician from the visible success of his Art, and not with the greatest degree of stupidness, ask the Apothe_cary to bring one. Since from their numbers they are forc't to make the greatest profit of every Patient, which strong Byass naturally inclines him to a Physician most useful in that case. 'Twas resolv'd, after your answer of the prizes, to oblige the Physician to rate the Prescription sent to the Apothecary at the fairest Profit, to be paid at farthest after the Recovery: And to prevent the sipping of Cordials and Pearl Juleps, as Usquebaugh at the Coffee-house, upon every little humour of taking, promoted by the casual visit, and encourag'd by the mean and vile custom of going upon Tick till Christmas. A modest Gentleman gave his Assent with some doubt of success, that he would at home propose these considerations to the best advantage he could.

Another, who sees through the Town, demanded what hope there may be to repell the confidence of the Men of the Bottle, and Wit and Banter, which admire only the child_ish wantonness of Thought, and the pretty Deviations from good sense, and therefore Character the Men of their Parts and Dress into the publick Esteem. They were left to their Fortune and Experience of others more discerning, and concluded, that the Signature ought to be taken from other affairs of equal concern and importance. The ablest Pilot, is put into the Ship, to be sail'd out or brought in_to Port. The Gravity, Learning, Application of a Judge is observ'd, when a Cause of Life or Estate is heard before him. We shall then raise our Hope of Recovery, from the manner our Cases will be weigh'd and consider'd, before the Verdict and Judgment shall be given. When you shan't be brought in durante bene placito of the Apothecary, Visitants or the Physick Brokers abroad; and shall not be chang'd and shifted as often as the Symptom, upon the different Projects of particular Interests. We shall know, who merits our gratitude and applause, and shall put down that Infamous Custom of accusing the Physician almost in the Burial Ticket. A Practice too vile to be expos'd, to impute the misfortune to the honest industry of the Physician, when he has not been consulted till the extremity, after many days dosing by our selves and visitants, and the Apothecary, not allowing the fair Inquest of Dissection, which would discover the Passages of the Heart stopt, the Ulcers or Gangrenes of the Vis_cera. We were agreed to controul our Families, and perswade our Friends to the same Resolutions: and were about to part, when one of our Society, who had been silent some time, exprest himself with some Heat, from the Relation he had to some of the Faculty. Let us not loose this only opportunity of raising the reputation of one of the most useful and learn_ed Professions, when our Interest is inseparable from theirs. Shall we look on unconcern'd, when the Faculty and our selves are enslav'd and opprest by the number of Apothecaries, who were originally their Servants. What is the Mystery but a Mechanick and Handycraft Trade. They act nothing, but by the ordinance and Directions of the Physician. The Medi_cines, the Shops are furnish'd with, are all from their Ap_pointment. The Drugs are powder'd, boyl'd, distill'd, and mixt together only by their order. What Books or Lan_guages are understood and consider'd by them, but the pub_lick Dispensatory or Receit Book? The Cook, Confectioner or Perfumer have as much pretence to learning, or the know_ledge of the uses of what they prepare. Have not our Servants the skill to make up all our domestick collections of Receits, which are many of them the same with theirs? The under Servants to the Chymists Laboratory, while he cleanses the Glas_ses, and attends the Fires, speedily discerns the Mechanick part of making the Spirits, the Tincture, the Salts: Tho the Design and Process were given by the incomparable Mr. Boyle, or the Faculty, and the uses only known to the sagacious Physician.

We pleas'd our selves at Parting, with the great reputation that worthy Gentleman had given to our Country with the learned of all Nations, which will last with that late Disco_very of the Circulation.

THE Physicians Answer to the foregoing Letter. SIR,

I Perceive you lay the greatest stress on the last Enquiry of the low prizes of Medicines, because you observe that the large Bills of the Apothecary are the best argument with the People of his Ability to advise, and while they believe, the Disease is treated very much by Guess, and on Conjectures, they are not very solicitous, who throws the Dice for their Lives. But you would rather make choice of one, who has made that his only business, had studied and practis'd all the Artifices of making them run to his purpose, than any common Hand. But you will not deny, that eve_ry Art has the means to attain its end. This is obvious in every Manufacture which is made better and worse according to the capacity and skill of the Artificer. There are other Arts whose subject is perishable from Causes above the power and controul of the Art, which Events are not justly imputable to the Artist, if he is not visibly deficient in his Skill and Address. Navigation is perform'd by Rules, which will conduct a Ship the Voyage to the Port design'd. But violent Storms, and Rocks undiscover'd, the springing of a Plank, or weakness of the Fabrick may loose the Ship, tho not the reputation of the Master. The Husbandman and Gardiner act by the instructi_on of their Arts with prospect of success, unless extreme Rains, or Drowth, or Blasts destroy their Hopes. The Physici_an pretends to know with as much certainty, how Animal Life may be preserv'd, and by what means endanger'd, as they the Health and growth of the Vegetables they are con_versant with. You may make an Estimate, to what propor_tion Animal Life is capable of being prolong'd, by obser_ving that the Periods of the Lives of many Quadrupeds and Birds are suppos'd to be distinctly known.

That of Man is the longest Period, and from Galen's ob_servation that of the Britains of his time. This is particu_larly remarkable in Man, that he is form'd not only to live to great Age in all the habitable Climates of the Earth. If in Navigation the Vessel is necessarily mov'd by the Tide and Wind, turn'd and govern'd by the Rudder to a certain Course. The Powers of the Body act as Mechanically and by the natural necessity in Health: So in the various appearances of Diseases, the Humours are by a natural tendency mov'd to be alter'd or separated. These different methods of Nature con_stitute so many Species of Distempers, which are truly defin'd and describ'd from the known alterations and symptomes in all the Stages of their Course.

We have the most certain experiences of their Cures from the observation of all Ages. Even these (as Celsus di_vides them) which are the more latent, as sudden Pesti_lences and malignant Feavers, discover the ways, by which Nature expels the malignity. All other Distempers are from our selves, of our own making, by Intemperance, Luxury, and the gratifications of our Senses, or are from the same causes ex traduce deliver'd down to us. Their force and power to corrupt our Constitutions is demonstrated, by the common observation, that all the Families of the Rich (whose Wealth is not so valuable as they imagine) are in few Years extinct, and the Recruits of them made from labour, In_dustry and Temperance, which refine and purge the Humours to their natural purity and vigour.

You cannot doubt the efficacy of the Instruments us'd in Physick, when in many cases the Rich Cordials given impro_perly, or in large quantities, act as Poysons, and then, in a little longer time, as visibly destroy: when the over do_sing the vinous or other Spirits fire and inflame the blood and spirits, when Opiates are able to stop their motions, and the Barke can check the ferment of a Feaver, which cannot be cur'd but by the expulsion of the venom. The effects of its Vomits, Purgers, Diaphoreticks are own'd by the vulgar experience. The late but surer force of Labour, Temperance, Rest have been formerly own'd in the most obstinate Diseases. They are now rejected, as the most nauseous Physick, and the most difficult methods to be comply'd with. I need not acquaint you with the Mineral Waters, which as the Apozemes formerly us'd, are able to cool, dilute, and purify the blood, af_ter it has been heated and corrupted by the modish living of some years before.

Nature discovers to the Physician its surest methods of dis_missing the most common Feavers by bleeding, Sweats or discharging the grosser humours by other ways, which it chooses according to the circumstances of every Disease.

In the more difficult, where it is the more opprest, it gives Indications or Signs, how it would be afflicted or directed, at least our Magazines of observations cannot fail to furnish in all the cases parallel to them.

But if the Patient is overheated and surfeted by too many Medicines, if the Salutary Looseness be stopt too soon, the humours fixt by Opiates or the Barke, its imputable to the Adviser, but not to the Art, which has given the strictest cautions upon the like Conjunctures. Its not a Reproach to the Art, if there are wanting Remedies equal to the rage or vio_lence of some Diseases, which will not wait the effect, or are above the force of any known Drug, which can be brought to oppose them; any more, then to the Statesman, General, Councellour, when he cannot always warrant Success.

When after the steady use of Liquors, which give a briskness to, but inflame the Spirits, spend the strength of the blood, by heating it, and give Life a pleasanter but quicker motion, the Liver and the other parts shall be made scirrhous and abcess't, the Omentum made rotten, and Fibres of all the Body flaccid, shall the Art be accus'd, that it cannot keep the Ma_chine a going, where every wheel is broken?

That the tendencies and events of the Symptomes, and the Issue of the Disease may be known, and a probable Prognostick given, is own'd by the forwardness of the common People to give their Opinions. How often have you believ'd the pre_sumptuous Valuer of himself, who doubts every ones know_ledge but his own, when he has assur'd you, that if he had come sooner, the Patient should not have dy'd, and that ano_ther would expire the next day, if his Advice had been then wanting? The writers of Government prove the Maximes of State, from the receiv'd Axioms of Physick. That one part overnourish't starves and enervates the other. That when every part disregards the interest of the whole, its dissoluti_on is as certain, as when every part is vitiated in a shatter'd Constitution.

If therefore a Physician is suppos'd to have learnt, what_ever has been observ'd, of the different affections and disor_ders from Childhood in all the advances to old Age, of the Sexes in all their Circumstances: how the Seasons, Climates alter us, and what changes are made by all sorts of Diet: to have noted the use and site of all parts of the Body by Anatomy: the vertues of Medicines by the tryals Chymistry affords, but especially the Histories of the almost innumerable Deseases given by our Authors, their Causes, their Access, Progress, and Events, the Consequence of all methods and all Medicines: when he frequently reflects on them, and com_pares them nicely with the case under his care, you will not oppose to him a Rival, who has not had a Philosophical Education, or the Knowledge of any Language, in which Phy_sick is treated. When you have determin'd, what time is requir'd, to collect from many Writers whatsoever is useful to the safe and successful practice of Physick; I would desire you to state the years, in which any thing certain can be ac_quir'd from the Prescripts of the Art, without the Reasons given or any Register of the success. You will not permit your Servant to keep your Accounts by Memory, or think that the Rules of Physick are less numerous, or of less moment, then the particulars of his Receits and Payments. When Nature, ipsa suis pottens opibus, nihil indiga nostri, throws of the common Disorders of its self, and is able to bear (an argu_ment of its strength) any sort of Physick given at random and at hazard; the Apothecary plies the Patient with Medicines he does not want, to pay the trouble of Attending, magnifies the Disease and his skill, and robs the Rich of the knowledge of the goodness of his Constitution. In these the most usual Ill_nesses the Physician shews his Art by prognosticating, with Integrity, the assur'd success; which is a richer Cordial, then the Shops afford, and merits his Reward, like the Statesman, when the Publick is in perfect tranquillity. But when there shall be Nodus vindice dignus, when in the Crisis dubiis tre_pidat victoria pennis, when the experienc't Physician will doubt, whether Nature acts to its own preservation, or wants the Assistance of Art, will examine the effect of one Medi_cine, before he risques the use of others to the same or other purposes: The ignorant and the less fearful Adviser will not loose the opportunity of filling the Patient and the Chamber, with the certain prospect of his own advantage. These are the Cases, in which all the severest and most just observati_ons of the present and of former Ages must be consulted. The least errour make the Feaver deadly, tho not be disco_vered, but by the most consummate Artists. They only can discern, when Nature attack't in all parts, the spirits wasted, and the blood exhausted, is easily overborn by an Active Cor_dial, or which diverts it from its only method of expelling the Disease. If it endeavours one Crisis, which the Medi_cines contradict, it has not time or power to resume it. The Head receives the Humours: which were moving to the Bowels or the Pores: Or the inflaming Alexipharmic by its agitation mixes agen the matter, which was prepa_red to be separated, and ejected. The People indeed are satisfi'd with the Apothecaries Skill, who hears sometimes the Physicians discourse upon the Distemper. Will you ima_gine, he designs to give the surest Instructions to his Scho_lar, who will set up as Master in the Art the next Hour, with sufficient instructions to act in his stead? But he makes up the Note and sees the operation: The Instrument maker will not pretend to use them, as the Surgeon, or to cut for the Stone, tho he made the Knife and the Forceps. I will, after you have well consider'd it, desire your opinion, whether, if you practice Physick, you could communicate a Specifick very efficacious Medicine to the Apothecary, which he would instantly make up for every Customer in the same, or as he imagines, not much differing Cases. Will any Merchant, or any Artificer expose the Secret of his Business to every one, who would desire to use it to his own profit? But we cannot discover our Secrets, to any but our own Profession, which is the manner of applying the Medicine to the latent exigence of the Disease. Some Feavers will go off being only left undisturb'd. Water is the Richest Cordial in others, and the high Rich Composition procures to others a certain Malignity. Will you value the Surgeon from the tipping or ornaments of his Instruments, or from his Judgment and Steadiness of his Hand in the use of them? The most common and simple may have a better effect, then from the most pompous Apparatus, as our Wines and the vulgar Nourishments are allow'd to be more wholsome, without the hurtful Artifices of the Sellar or Cookery.

The few of our Costly Ingredients, have been kept in use to cover the fraud of vast Exaction, or as they have crept in_to Mode and Fashion, but especially because we please our selves, that they are peculiarly design'd for the use of the Grand Monde, while we pity the little People, who, we imagine, cannot live without them. But Providence has o_therwise provided in its great Hospital the World. We are all upon the level there. Sickness, as well as Death, lays a side the markes of Distinction. The Poor do not want so much as the Rich, but may have the most-valued simple Remedies, and the best Chymical or Galenical Preparations at an Expence, they or their Patrons with an easie charity may bear.

To demonstrate this the more clearly, we will first re_move the Rubbish and lay before you the Simples of the great_est Vertue, and the best and most useful Preparations, sup_ported not only by the best tryals of Chymistry, but con_stant experience.

Gold, the great Idol of Mankind, must be rejected, as use_less: while it makes the World restless and anxious to obtain it, it has it self no active parts or energy to pro_cure any effect. Its not dissolvable by any Humour in the Body. Nothing there can alter, it or be alter'd by it. The compact, heavy, sluggish parts resist the impression of every Animal Agent, which on the other side are secure from any power it has. The Golden Pill in the twisting of the Bowels by its weight only may open the Passage, but it costs you only for the use of it, having lost no grains of its worth, the Leaf Gold on Boles, or Electuaries, or Pills di_vert the mind from the Tast, only by the pleasure of seeing it, but it adds nothing to their vertue, and only a trifle to the expence. The leaf may ly on the mouths of the ves_sels undissolv'd, and it prevents the dissolving of purging and alterative Pills, if well gilded, unless to your good Fortune, that the Cover happens to be broken in swallowing.

Bezoar is a stony Concretion of an Animal, despis'd and rejected by most Physicians, who think on what they advise. If it be well powder'd, it may pass out better, then the larger Stones of the Kidney and Bladder. It has indeed the use of the Philosophers stone, procures Gold or much Silver, to every thing, where it is a part, as in Gascon's Pow_der: it adds to the Dose only the value of two Pence, but rises the Bill even to the pleasure of paying a great Sum, that they were thought worthy of it. The very name of Bezoardick makes the cheapest Boles and Juleps, pass of at any price, which shall be put upon them. The large round Pearl looks well on a Healthy Skin, but the History which tells us, that Cleopatra drank one very large in a health to Anthony, does not instruct us, that her Health was im_prov'd by it. The Pearl Juleps have their value from the Cordial water and white Sugar, and are put upon the Infa_tuated People promiscously in all the Constitutions and very different Complaints. They may take it plentifully for the future, if the lowness of the price does not destroy its Cordialness, being only 3 Pence or 4 in the Dose.

Ambergrise and Musk are offensive to many from the name as well as scent, they corrupt the blood and the spirits, and by altering the Breath make the use in Perfumes more ne_cessary. The Confections and Waters are more wholsome without them, and they are therefore omitted by express order. Tho', where they are not, by a Magical power, they make a cheap Cordial sell as high, as if it had been vitiated by them.

We leave the Diamonds and Rubies to these, we are not concern'd with our other precious Stones, as we call 'em, cost very little, and are worth nothing.

The Hyacinth, Smaragd, Topaz finely powder'd, are as useful as glass well prepar'd. But the famous Confection of Hyacinth sells only two pence in the Dose. This is true in Oyl of Cinamon, or the other Chymical Oyls, which are given but to few drops at a time, to be esteem'd at the most inconsiderable price in so small a quantity. The celebra_ted Balm of Gilead is taken in Drops with Sugar, or mixt with Cordial Powders to be form'd into Pills. All these Drops will rise to about a Farthing each.

Cochineal promises to impart its colour to the blood, and dismiss the paleness of the Cheeks, but we borrow it from the Dyers, at much less cost then the former.

But I divert you from the more pleasant prospect of the Gardens, Feilds, Woods and Rivers, which plentifully afford us, of our own product, the most effectual and certain re_lief. Their value in the small Quantities us'd at one time are below any Coin we have, and the cooking or preparing subdivided into small Proportions, will not amount to much more.

The Flowers, Fruits and Seeds, the Leaf, the Root, the Wood and Bark are distill'd simply, or with Water or Spi_rit of Wine, beaten with Sugar into Conserves, or boyl'd into Syrups, compound the Powders, Trochs and Pills, or with Water or Wine make the Decoction or Apozemes.

The Conserves Antepileptick or Cardiac in the Dose are of the price of a Farthing or two.

The Syrups stomachial or Diuretick, not much more.

The Powders Corroborative, or Bezoartick or Antipestilen_tial, are not more than a Penny in the Scruple, or half Dram.

The famous Gascon Powder, without Bezoar, claims but a little more in the Dose then 3 or 4 Pence.

The Cordial waters, Cephalick, Epileptick or Antihysteri_cal, because they are distilled from spirit of Wine, and are therefore used in small Quantities, are not dearer then a Glass of Wine, or the little one of Ratasia. But the In_gredients, better chosen or singly infus'd in a proper simple distilled Water, would prove more Alexiterial, and deserve the title of High Rich Cordial, at a less expence. When you have tasted of the former Cordials, a spoonful in your Friends Chamber, have you not felt in your Stomach the tumult of such a Rabble of the Spices, which being broyl'd by the fire disturb you an hour after, and make you pity his Condition under the often repeated Doses?

The Apozemes Hepatick or Splenetick, or Diuretick, or Su_dorifick are made at 2d. 4d. or 6d. the Quart in Spring water, which if divided and sent into little Glasses rise be_yond the price of Burgundy.

You may hence judge of our Oyls, Oyntments and Play_sters. The Surgeon rewarded for his Skill and his Care, does not put you in mind of the cost, he has been put to, thro' the whole Cure.

You are well acquainted with the prices of all the Drugs imported from abroad, as they are most of the hot spicy Nature, their Dose can be but small and the price propor_tionable. If many are absurdly joyn'd together, the Quan_tity of each is so much less. The great Cordial, the Trea_cle, made of Sixty, most foreign Drugs, does not claim a Penny, every time you use it.

You may judge of the easie Expence of what we advise in sickness by another View, that of the various Operations.

The famous Vomitive, a Penny, the Tartar Emetic esteem'd the better, not a Farthing, that of the Salt no more: the Oxymel for that purpose the value of the first.

There are many sorts of Pills for the Head, Stomach, Bowels of different force, they all agree in the price of a Penny. The Alterative, Nephritick, Antihysterical Pills made of cheap Powders, with the Gums dissolv'd, or a Syrup, are valuable only for the success.

I need not inform you how easily the Filings of Steel, or open'd by an Acid or the Fire, are procur'd. If you infuse them in Wine or distill'd Waters, with the bitter Plants, or boyl it with Sugar to a Syrup, You readily esti_mate the Expence of a Quart.

All the Tribe of the Ecphracticks, or Deobstruents and Aperitives, either vegetable or mineral, the other Incrassating or Astringent agree in their great use, tho' of contrary ef_fects, and in the almost inexpressible cheapness.

It must be own'd, that the Purges of Rhubarb, &c. are o_therwise to be priz'd, but that Remedy is us'd but once in the Day, and not hastily repeated, and excludes all o_thers: the Mode brings in an Hyprotick, which detains the inwardly separated Humours, and binds the Bowels many days after.

Out of these Drugs many kinds of Chymical Medicines are prepar'd, at the expence of only Fire, and the use of the Glasses, in great Quantities.

If you pay for Spirit of Harts-horn, sal Armoniac, sal vol Oleos, the volatile Salts, the Tinctures of Castor, Amber, Saf_fron, Myrrh, or any of the compound Elixirs, the Acid Spirits of Niter, Sulphur, Vitriol, or their Antagonists the fixt Salts of Tartar, Wormwood, or the associated vitriolate Tartar, and the other Digestives: One Shilling or two, or in the other as many Pence, the Ounce, you will with the wa_ter, the Vehicle, after many days using them, compute the expence of your every days Physick. The Porter who drinks a Cup of the stronger Ale, instead of many of the smaller, prudently saves his Time and his Pocket, and is at a greater charge than the Patient.

If in a Feaver or Small-pox, &c. the Physician cools the Blood, and temperates the Heat, shall the Apozeme of al_most the sallet Herbs, with the cheap sweetning Powders, and the cheaper sal Prunel, &c. And a Julep of the simple waters, made to taste a little of a Cordial water, raise the cost high_er, then the common supports in our Health.

If the Blood and Spirits are opprest in the malignant, shall the Treacle, Mithridate and Diascordium, with the Aromaticks, Alexiterial Roots, or the Cordial Species, or the volatile Salts or Castor, or even Bezoar, be esteem'd from the any other Topick then their effect of sweating or rai_sing the Heat of the Blood: especially if the Patient be not incessantly ply'd, and the Physician will have the common care of observing, when he has done enough for one day, and will give the Patient a little Rest, before he sets him another Task: Unless he orders on more Cordials, to pro_duce the Fee to himself, more than any advantage to the Sick.

If the Feaver truly intermits, and has no malignity, or dead_ly Consequence to be fear'd from stopping the Ferment, you may use the Bark only prepar'd, by being powder'd, which you know costs no more than the Wine you drink it with.

I have heard you extoll from your Experience in Colical and Nephritick Pains, the wonderful force of Opiates. 'Tis true, that Plant has no equal among the Vegetables, nor does any metal or mineral pretend to rival it. But the ri_chest Preparation, either solid or liquid, this great Anodyne raises no inquietude upon any other Circumstance. The poorest may have this Nepenthe, as well as the rich_est, from a small Charity, which will give the Donour, the Ease it procures to the Patients Pain.

Is it not therefore demonstrated, that in sickness no Con_stitution can bear the use of more then 2 or 3 Shillings value in a Day. The dearest Cordial Waters and Alexite_rial Powders, cannot in that time be us'd above that price, without inflaming the blood and spirits into a Delirium and Phrensy, or forcing our common putrid Feavers to Malig_nant and Pestilential Symptoms.

The milder Diaphoreticks and Diureticks or Alteratives, do not pretend to be rated with the other, but in our most common Feavers, these assist Nature, and the others de_stroy it.

Where's then the Mystery of raising the Bill to one, two, three or four Pounds each day of its continuance? By a new in_vented or much improv'd Artifice of raising the part equal to the whole, and sending in the Apozeme or Julep divided into little Parcels, which your Family would as well bottle out into smaller glasses, at the rate of the whole Mixture.

The Electuary shall be sold at good profit by the Apothecary at half a Crown. But the Boles out of this Electuary in a snipt Paper are full as much each of them, tho' that affords to Children twenty Boles.

But the Contrivance lately brought into Practice of gi_ving in a parcht Mouth, and fur'd Throat, and nauseating sto_mach, an ill tasted Bole, when the languishing and loathing Patient can swallow nothing but Liquids, has been reserv'd for this Age of ours, and can last no longer. This Bole of a fulsome Conserve or Treacle is to be taken every third, fourth, or sixth hour, which dispells all Rest and Composed_ness, the great Restorers, by the Torments, and struggles of forc_ing it into the stuff't Throat and Stomach, which rises against it.

There's a little Julep ready to wash it down and reward him for his trouble. When the Bole cannot easily, be taken down, its impertinently half mixt in a spoon in the Cham_ber, which should have been brought well compounded, only so many distinct Articles in the Bill are to be preserv'd. This is of the greatest Consequence to the Apothecary, because the Town has been us'd to pay 2s. 6d. for each Bole, and not much less for the little Draught, to cleans the mouth after it. This Advice was therefore given to a Physici_an at his first entrance on the Stage, that he should order a Bole, with a Draught every fourth hour, which, however it far'd with the Patient, would recommend him to the Apothecaries, and thence publick esteem for that service.

The honest Physician mixes the Bole and Julep together, that the feeble restless Patient may drink his Cordial to re_vive or compose him, without the dusturbance of taking it at twice, and with difficulty the other way.

I presume you will allow the Corollary, that by much Phy_sick divided into little parcels, rated so high, the Apothe_cary has in the reward of his Attendance (which by the Physician is often excus'd) much greater Fees, often trebly or quadruply more then the Faculty. You will not therefore be surpriz'd, if it be asserted, that in a Bill of ten Pounds nine are the reward of his Advice and Attendance, and in all the other sums proportionably.

The People must accuse their own Conduct, who never gra_tifiying the Apothecarys visit, oblige him in the Case, where one Medicine removes the Distemper, to bring in for every 3 or 4 Hours, and several Days, as much as will answer one of the Ends he proposes to himself. Can he thus neglect_ed by his Customers, with safety to himself advise the Wa_ters, Milk, Temperance, Repose, Exercise or a peculiar Diet, or the Country Air, by which obstinate Diseases are cur'd: But to the reproach of the Compositions of the Shop.

But what Redress can be expected to all these Grievances?

There must be certain Rates set to all the Medicines, with the greatest encouragement to the Apothecary to pre_pare them faithfully.

They must bring their number by the most proper Methods to be equal to the occasion the City has of using their Preparations.

The former Antiquated Methods must be reviv'd, by which the People were easie, without the present either suspicions or complaints.

The Physicians lay under no temptations to impose on the Publick. They advis'd at their Houses in the Chronical or less dangerous disorders, and distinguish't in their visits the differ_ences of the Condition of the Persons and Diseases; arriv'd to a Reputation, not by the basest Arts, but their care and the me_rit of their Success.

THE END. &horbar |CSC |Y1714 LONGITUDE To be found out with A new Invented Instrument, BOTH BY SEA and LAND. ALSO, Some Reasons for finding it thereby, extracted from the Three Years Observations made at Isling_ton, by Dr. Edmund Halley, Savilian Professor of Geometry in Oxford, for knowing the true Place of the Moon, and which now are inserted in Mr. Street's Caroline Tables. WITH A better Method for discovering Lon_gitude, than that lately propos'd by Mr. Whiston and Mr. Ditton. &horbar Written by R. B. Secretary to the Honourable Sir Francis Wheeler, when Admiral and General in an Expedition to Martineco. &horbar London: Printed for F. Burleigh in Amen Corner. 1714.

&horbar &horbar TO THE READER.

SInce an Act of Parliament is past for the great Encouragement of that Person who shall first find out the Longitude of Places by Sea or Land, se_veral Eminent Men excellently Skill'd in the Ma_thematicks are putting their Wits to work for a Dis_covery of that Secret, which will be highly Benefi_cial to the whole World. I wish, for the good of all Trading Nations, Improvement of Navigation, and absolute Perfection of Cosmography, that who_soever attempts the Invention of Longitude, may be successful in his Noble Undertaking; but hitherto the Methods propos'd by Mr. Whiston, Mr. Ditton, and Mr. Hobbs, are far from compleat_ing their Design; and if they make no better Offers to the Honourable Commissioners appointed by the State for the Discovery of Longitude than they have hi_therto, all Hopes of their discovering it may be laid aside for good and all. The Notions of Mr. Hobbs are very absurd, and the Lemmata or Propositions of the other Two Gentlemen very insignificant.

If what the learned Dr. Brown says in his Pseu_dodoxia Epidemica be true, it is vain for any Man to strive to find out Longitude; his Words are these. "There is no East and West in Nature, nor are those absolute and invariable, but respe_ctive and mutable Points, according unto different Longitudes, or distant Parts of Habitation, where_by they suffer many and considerable Variations. For first, unto some, the same Part will be East or West in respect of one another; that is, unto such as inhabit the same Parallel, or diffe_rently dwell from East to West; thus as unto Spain, Italy lieth East, unto Italy, Greece, unto Greece Persia, and unto Persia China; so again unto the Country of China, Persia lieth West, unto Persia Greece, unto Greece Italy, and unto Italy Spain; so that the same Country is sometimes East and sometimes West, and Persia tho' East unto Greece, yet is it West unto China. Unto other Habitations the same Point will be both East and West, as unto those that are Antipodes, or seated in Points of the Globe diametrically opposite; so the Americans are Antipodal to the Indians, and some part of India is both East and West unto America, according as it shall be regarded from one side or the other, to the Right or to the Left; and setting out from any middle Point, either by East or West, the distance unto the Place intended is equal, and in the same space of Time in Nature also performable. To a Third that have the Poles for their Vertex, or dwell in the Position of a parallel Sphere, there will be neither East nor West, at least the greatest part of the Year; for if (as the Name Oriental implyeth) they shall account that part to be East wherever the Sun ariseth, or that West where the Sun is Occidental or Set_teth, almost half the Year they have neither the one nor the other; for half a Year it is below their Horizon, and the other half it is continually above it; and circling round about them inter_secteth not the Horizon, nor leaveth any Part for this Compute. And if (which will at first seem very reasonable) that Part should be termed the Eastern Point, where the Sun at the Equinox, and but once in the Year ariseth, yet will this also disturb the cardinal Accounts, nor will it with Propriety admit that Appellation; for that surely cannot be accounted East which hath the South on both sides, which notwithstanding, this Position must have; for if unto such as live under the Pole, that be only North which is above them, that must be Southerly which is below them, which is all the other Portion of the Globe beside that Part possessed by them. And thus these Points of East and West being not ab_solute in any, respective in some, and not at all relating unto others, we cannot hereon establish so general Considerations, nor reasonably erect such immutable Assertions upon so unstable Foundations. Now the Ground that begat or promoted this Con_ceit, was first a Mistake in the apprehension of East and West, considering thereof as of the North and South, and computing by these as invariably as by the other; but herein, upon se_cond Thoughts, there is a great disparity; for the North and Southern Pole, are the invariable Terms of that Axis whereon the Heavens do move, and are therefore incommunicable and fixed Points whereof the one is not apprehensible in the other; but with the East and West it is quite other_wise, for the Revolution of the Orbs being made upon the Poles of North and South, all other Points about the Axis are mutable; and where_soever therein the East Point be determined, by succession of Parts in one Revolution every Point becometh the East; and so if where the Sun a_riseth, that Part be termed East, every Habita_tion differing in Longitude, will have this Point also different, in as much as the Sun successively ariseth unto every one."

Indeed I am not of this Gentleman's Opinion, for certainly the World is distinguished by the East, West, North and South Parts, according to these Words of St. John the Divine in his Apocalypse. I saw four Angels stand on the Corners of the Earth. And I saw another Angel come up from the East. Which Text Napier thus pa_raphrases, Afterward I consider'd, that on all the Four Quarters of the Earth, and I per_ceived Easterly toward Jerusalem. Therefore I can't be persuaded, but according to the Ptolomean System, the Terrestial Globe must have Positions re_specting due North and South, East and West; but was the Hypothesis of Copernicus true, which teaches that the Earth turns round, and the Sun stands still, why then we must grant that there would be no Part of the World fixt to any certain Point of the Compass, and thereupon the Marriners Needle would be of no Use. Though all the Phœnomena's of the Heavens are calculated with little Difference by this System as well as by Pto_lomy's, yet is the Assertion of the Earth's Motion abominably false, as may be proved by Divinity as well as Physicks; besides, I do not know why People should make Copernicus the Broacher of this palpable Error, when it first sprung up in the School of Pythagoras, who flourish'd (accord_ing to the Chronological Computation of Alstedius) Anno Mundi 3370, which was 2090 Years before the Time of Copernicus; then the same Doctrine was cherish'd by Heraclides Ponticus and Ecphan_tus, two noted Pythagoreans, to whom afterwards joyn'd themselves Nicetus Syracusanus and Ari_starchus Samius; all which have undertaken to defend that the Earth moves circularly, and that this Circumgyration of the Earth causes the Ri_sing and Setting of the Sun, as well as the Moon and Stars. I must acknowledge that Dr. Halley's excellent Observations on the Variation of the Needle from the North is a very good Method for finding out the Longitude, especially in those Parts where that Variation is best known; but by the way give me leave to confess, that from the curious Observations which Dr. Halley made at Islington in the Years 1682, 1683, and 1684, of the true Motion of the Moon, I have so well extracted a Method of my own, for finding out the Longitude of Places which I have experien_ced, both in Europe, Africk and America hereto_fore, that I do not doubt of obliging the World shortly with a new Instrument which shall shew Longitude both by Sea or Land, with the same aci_lity and Exactness as the Quadrate doth Latitude, when the Sun shall shine at a certain Hour in that Part of the World, where you shall take your Observation; and till such an Instrument is found out, which any Person of the meanest Capacity may know the Use of in 15 Minutes, if he under_stands but a little Arithmetick, all other ways hi_therto invented for this most necessary Work are uncertain, and must be perform'd by such Astro_nomical Methods which is above the reach of eve_ry Person who is not well Skill'd in the Mathe_maticks: And as for the other Methods for dis_covering Longitude by the Variation of the Needle, Use of Clocks and Watches at Sea, and the Log_Line or dead Reckoning, they are more uncertain and inaccurate. But as for my Method peruse what follows.

R.B.

&horbar &horbar Longitude to be found out with an Instrument, by Sea and Land, &c.

OF all the Attempts which have been made hitherto by ingeni_ous Men, for the Invention of Longitude, no Problem hath been more Erroneous and Ridi_culous than that of late propos'd by William Whiston, M.A. some time Professor of the Ma_thematicks in the University of Cambridge, and Humphry Ditton, Master of the new Mathe_matical-School in Christ's Hospital, London. What Longitude is, Kepler tells us in these Words; Est arcus �quatoris terrestris (vel etiam paralleli per locum ducti) interceptus inter primum meridianum terrestrem & inter meridianum loci, & in consequentia numeratus. Epit. astron. copernic. lib. 3. Now the finding out of Longitude is to discover, as certain a Rule of knowing how far we are distant on the Spherical surface of the Earth in Degrees and Minutes, from any known Meridian, Eastward or Westward, as we do for knowing how far we are distant in Degrees and Minutes, on the same Surface, from the Equinoctial Line, Northward or Southward.

In order to bring so necessary a Work to Perfection, it is requisite that all Nations should agree upon one first Meridian, or be_ginning of Longitude, which at present is not concluded on; for some Cosmographers do make the chief and first Meridian pass through the Islands St. Michael and of the A_zores, and there are Two Reasons why they did there begin to reckon the Longitude of the Earth: First, because at that Time there was no Land known farther to the Westward than that Place; and Secondly, because un_der that Meridian the Needle in the Marri_ners Compass had no Variation, but did point directly North and South. However, accord_ing to Ptolomy, that Meridian is said to be first and farthest Westward which passes through the Insul� Fortunat�, or Canary Isles, as Maginus thus tells us in his Geographical Relation thereof, Autem nominat eas Aprositum, Heram vel Autolalam, Pluitaliam, Casperiam, Canariam, & Centuriam; omnesque in rectam fere lineam a sep_tentrione in Meridiem disponit, unde sub eodem me_ridiano cadunt, qui quidem Meridianus initium est computationis longitudinis terr�, Pag. 201. Here it is that famous Geographer fixt first his Me_ridian, for the West-Indies were not known nor discover'd in his Days, nor of a long time af_ter; since when the Discovery of America being made by Americus Vesputius, Christopher Co_lumbus, and others, latter Cosmographers hav_ing made the Meridian to pass through the Azores, as above-noted; and which Islands, as appears by their Cards, are scituated more Westward from the foresaid Insul� Fortunat� by 5 Degrees; from this altering the antient placing of the first Meridian, they must like_wise alter all the Longitudes set down here_tofore by Ptolemy, or any other antient Writer: Nevertheless this Matter is easily rectified, for by adding to every Longitude Eastward 5 De_grees, or by substracting 5 Degrees from eve_ry Longitude Westward, you shall not greatly vary from those antient Longitudes set down by them who reckon'd their first Meridian from the Azores.

Some endeavour to find out the Longitude of any City, Province, or Place, by the Eclipses of the Moon; which Gemma Frisius thinks to be the most exact and absolute of all other, and thus teaches to be done. Observe the beginning of the Eclipse in that Place whose Longitude is unknown, which if it shall agree in Hours and Minutes with the time of the beginning of the Eclipse at Lon_don, you may be certain that that Place is un_der the Meridian of London, whose Longitude is about 20 Degrees; but if the beginning of the Eclipse differs, then besure the Miridian and Longitude of that Place differs from the Meridian of London, which you may thus find: Substract the lesser Number of the Hours and Minutes of the beginning of the Eclipse from the greater, and the difference convert into Degrees and Minutes after this Manner: Take for every Hour 15 Degrees, for 4 Minutes 1 Degree, and for every Mi_nute of an Hour 15 Minutes of a Degree; and the Number of Degrees and Minutes so found, add to the Degrees and Mi_nutes of the Longitude of the Meridian of London, if it be more Oriental (that is, if the Number of Hours shall be found greater in the same) substract; if it be more Occidental (that is, if the Number of Hours there be found to be less) and you shall have the Longitude of the said City which was before unknown. I must acknowledge that Longitude may be pretty near found out this way, for being once with Sir Cloudesly Shovel, Admiral of the Red, in Italy, and taking an Observation at Venice, by an Eclipse of the Moon, I found the Longi_tude of that Place to be 36 Degrees 12 Mi_nutes, correspondent to the Longitude given by Sansoon, the French Geographer, within 3 Minutes. To this Rule, for the most part, are Squared all Cosmographical Tables of Longitude; but yet in this divers Errors do happen, either by the Artificer oftentimes wanting Diligence in observing the right Hour and Moment of the Eclipse, or else the divers Epacts and Latitudes of the Moon are commonly neglected; wherefore it is the best way, in this Point, that exact Astronomers should at divers Places observe the same Eclipse, and so by conferring together, accor_ding to this Rule, find out the Longitude of different Places: But exact Astronomers can_not be easily found in every City or Town whereof we desire to know the Longitude, and neither is an Eclipse of the Moon always at command.

Now another Way to find out the Longi_tude, may be perform'd by a true Horology or Watch, which by an Astrolabe is to be rectified, and set just at such an Hour as you depart from the Place where you are, to go to any other Place, whereof you are desirous to know the Longitude: In which your go_ing must be diligent to see that your Watch never ceases going, and being arrived at that Place whereof you seek to know the Longitude, you must tarry until the Index does justly touch the Prick of some perfect Hour, and also at that instant, to see what Hour it is by your Astrolabe: For if your Astrolabe and Watch do both agree in one, then there is no Difference of Longitude, but you have still travelled under one same Meridian, either towards the North or South. But if they differ One Hour, or certain Mi_nutes, then reduce them to Degrees, or to Minutes of Degrees, as above taught, and thereby you shall find the Longitude desired to be known. But to take the Longitude up_on the Sea by this manner of way, in may Opinion it is better to do it by a great Hour_Glass, made to run Twenty Four Hours, which must be watched when it is ready to run out, that it may be immediately turn'd: For Watches made of Iron or Steel, will soon Rust upon the Sea. This way I made an Observation (at the Desire of Admiral Wheeler, drown'd near the Streights) when I was at Placentia-Bay in Newfoundland, and found the Experiment true according to the best Sea_Charts; however, this way either by Watch or Hour-Glass is not always to be depended on, because Watches and Clocks will inequal_ly move, especially on the Sea, and the Sands of an Hour-Glass do not always keep the like Motion: Therefore if any Certainty may be this way, it must be by the Help of the Automaton, or perpetual Motion, of which Invention we may as much doubt, as of Mr. Whiston or Mr. Ditton finding out the Longitude by firing Guns or Sky-Rockets.

I must acknowledge that by Trigonometry, we may, when the Lati_tudes and Difference of Longitude of Two Places are given, find the Rhumb and Distance. When the Latitudes of two Places, and their Di_stances are given, we may find the Rumb, and Difference of Longi_tude. By the Rumb, and Latitudes of Two Places given, we may find their Distance and Difference of Longitude. By the Difference of Longitude, Rumb, and One Latitude, we may find the other Latitude and Distance. And by the Rumb, the Distance, and One Latitude given, we may find the other Latitude, and the Difference of Longitude. But for Mr. Whiston and Mr. Ditton, to impose so much upon the World, as to make People believe Longitude is to be Discover'd either by Sea or Land, by a Propagation of Sounds, the Noise of Cannon, and firing Squibs and Crackers, without taking any No_tice of their fixing Hulls at certain Distances in the Sea, they may as well persuade our Country-Men, that White is Black, and Black's White: But never an Arrian in this Kingdom, shall seduce me to hold with him in so great an Error.

Again, by the Distance betwixt the Moon and some known Star, which is situated near the Ecliptick, the Longitude may be found out, as taught by Appian, and illustrated by Gemma Frisius, to whose manner of Explicati_on, we have for farther Illustration added a Figure of the Parallax, whereon this Inven_tion is grounded. To shew then this Con_clusion, we must tell you that the Distances betwixt the Moon and other Stars in the Fir_mament, are varied according to the Diffe_rence of Places, insomuch as Two Men liv_ing far distant in divers Places of the Earth, beholding at one Time the Moon, and some known fixt Star, will not find the like Distance betwixt them, whereof if a Man doubt, he may be inform'd by this Figure. We will im_agine P. to be the Place of the Moon, as seated in the lower Orb; G. to be the Place of the fixt Star, whose Distance from the Moon is inquired; E. and F. Two Stations or Habitations of Men dwelling on the Earth, where_of we may imagine the one to be in Europe, and the other in America; it will be manifest that the Inhabitants situated in F. will be_hold the Moon in the Point B. and the fixt Star in G. because, as the Opticks teach us, all Things are seen in the Places opposite to the Eye, so the Distance between the Moon and Star, will be the Arch of the greatest Circle, B.G. and the Inhabitants situated in E. will behold the Moon by the Ray E.C. as likewise the fixt Star G. in the Point G. by the Ray E.G; so that the Distance betwixt the Moon and the fixt Star, will be in that Station the Arch of the Circle C.G. Now by the first common Axiom of Euclid, that the Arch B. G. is greater than the Arch C.G. the former being the whole, and the other a Part. Next, out of the same Ground, we may as easily collect that this Distance betwixt the Moon and some other known fixt Star is varied pro_portionally, according to the Distances of the Places on the Earth, because so many Places as there are, so many Diversities of Aspects will arise, being increased or dimi_nisht, according to the Distances of Places on the Terrestrial Globe: This Conclusion thus demonstrated, I shall proceed to the Practice of it in this manner.

I. It behoves you to search out by the Help of Astronomical Tables, the true Mo_tion of the Moon, according to the Longi_tude, at the Time of your Observation at some certain Place, for whose Meridian the Roots of those Tables are calculated.

II. You must know the Degree of Longi_tude of some fixed Star, nigh unto the Eclip_tick, either preceeding or following the Mo_tion of the Moon.

III. You must seek out the Distance of the Motion of the Moon, and the said Star.

IV. The Distance once had, apply the Cross-Staff of your Sight, and so move the Cross to and fro, till you may behold the Centre of the Moon at the one End, and the fixed Star with the other.

So shall you see exprest by the Degrees and Minutes markt on the Staff, the Distance of the Moon and the said Star correspondent to the Place of your Observation; which being noted, set down also the Distance betwixt the Moon and the aforesaid Star which was first Calculated. Then Substract the lesser from the greater, the Remainder will shew the least Difference, which being Divided by the Motion which the Moon makes in One Hour, you shall know the Time in which the Moon is or was joyn'd with the first Distance of the said Star; then having converted that Time into Degrees and Minutes, the rest will be perform'd, either by Addition or Substraction of the Product there_of to or from that Meridian, for which the Tables whereby you first Calculated the Mo_tion of the Moon were appointed and veri_fied. If the Distance betwixt the Moon and the fixt Star of your Observation be lesser, then must you add the Degrees and Minutes to the known Longitude, so shall you find the Place of your Observation to be more East_ward. If it be greater, then Substract the Degrees and Minutes from the known Longi_tude, and the Place of your Observation in this Regard will be more Westward. The Rules are so far true, that the Moon being sup_pos'd to be more Westward than the fixt Star, for if otherwise your Working must be clean contrary; to wit, if the Distance betwixt the Moon and the fixed Star be lesser, you must Substract the Degrees and Minutes from the known Longitude, so shall the Place of your Observation be more Westward; but if it be greater, then must you add the Degrees and Minutes unto the known Longitude, and the Place of your Observation shall be found Eastward. This way, though more difficult, may seem better than the rest, because an E_clipse of the Moon seldom happens, and a Watch, Clock, or Hour-glass cannot so well be preserv'd, or at least so well observ'd in a long Voyage; when every Night may seem to give Occasion to this Experiment, if the Air be free from Clouds, and the Moon shews her self above the Horizon.

This way of finding out the Longitude I have experienced in the Mediteranean Sea, when the late Earl of Orford first appear'd in those Parts of the World with the grand Fleet of England, after obtaining an entire Victory over the French at Sea; but besides, by the Observation of the Difference in the Motion of the Sun and Moon, the Longitude of Places may be found out. Now for the per_forming it hereof by this Rule, you must con_sider, that we take as granted by all Mathe_maticians, that the Motion of the Moon is 48 Minutes of an Hour slower in 24 Hours, or 360 Degrees, than that of the Sun; that by Observation of the Heavens, and other Mathematical Helps, an Artist may know in any Place the first Meridian, the Hour of the Day, and the Time of the Moon's coming to the Meridian by an Ephemerides: Then for Example, suppose that in London the Moon on some set Day comes to the Meridian at Four of the Clock past Noon, and in some Part of the West-Indies the Moon is observ'd to come to the Meridian the same Day at Ten Minutes after Four, these Grounds thus set down, the Distance of Longitude at that Place Westward from London may be in this manner found out by the Golden Rule. If the Difference of the Sun's and Moon's Moti_on be 48 Minutes of an Hour in 360 Degrees, what will it be in 10 Minutes? The fourth proportional Number will be 75 Degrees, the Distance of Longitude of the Place as_sign'd from London, in West Longitude; from which Number the Longitude from London being Substracted, and the Remainder from 360, the Residue will shew the Longitude: But Note, that if the Moon in the Place as_sign'd comes sooner to the Meridian, we must count so much in East Longitude.

Indeed there are few Things in Nature, which have more perplext the Wits of ingeni_ous Mathematicians, than the exactest way of finding out the Longitude of Places; not that the Matter was over difficult in it self, but that they fought out a Way to perform this Conclusion, not depending from the Obser_vation of the Celestial Bodies and Motions; and also it is a Matter never found out as yet; because they propos'd to themselves one of these two Ways to find it out, either by some magnetical Instrument, or else by Industry of Navigation, neither of which can much pro_fit. Not the former, because there have never been any fixed Points found in the Equator be_twixt East and West, as have been observ'd betwixt North and South, so that nothing can proceed out of the meer Nature of the earthly Globe, whereon we may ground any diffe_rence of Longitude; neither is the second very beneficial, for all Voyages both by Sea and Land are very irregular and uncertain, either by reason of sundry Impediments, as Rocks, Mountains, Woods, contrary Winds, and other Dangers turning aside the direct Course of Passengers from any direct Way or Observation; or else by the Ignorance of Marriners, which seldom passes so far on Dis_covery; and if they do, know not perfectly to delineate out their Journey, as a Cosmographer would expect, to any tolerable satis_faction.

Herein have we allow'd that at present the best Ways to find out the Longitudes of Places are by Eclipses of the Moon, the Motion of the Moon, and by Clocks, Watches, or Hour_Glasses; but cannot agree with Mr. Whiston and Ditton, that they may be found out by the Eclipses of Jupiter's Planets, or Satellits, nor by the Log-Line or dead Reckoning; which last Way is such an inaccurate Rule, that all Ingenious Men must think those Per_sons Mad who should offer to propose it for a Means to find out Longitude, when by it the best Seaman cannot tell in what Latitude he is. But when I seriously meditate on these Two Gentlemens Method of finding out the Longitude by Sounds, it seems to me the greatest Solœcism in Nature; for as Marri_ners, to be the better assur'd of their Routs and Courses on the Sea, divide every quarter of the Horizon into Eight several Winds, so that they make the Compass to contain 32 Points: Suppose then, that a Sound shall be made when the Wind is North-East, what Be_nefit shall they receive by it who are South_East and by South? It may go towards them that lie South-West, and one Point on each side of it; but to them in other Points can scarce, if at all be heard. Next considering the va_rious Positions of the Wind, make what In_vention they think fittest to diffuse a Sound more horizontally, and how suddenly it shifts its Corner for several Points together, what certainty can those that listen for it have, in order to find out Longitude? Especially such as lie to the Windward of Sounds about the Caribby Islands in the West-Indies, and in other Parts of the Atlantick Ocean, where there is a Trade-Wind or constant blowing always from one Point with little variation, except_ing in or near the Month of August, when those Parts are dreadfully afflicted with furious Storms call'd Hurricanes. Also Sounds will be of no Effect in those Seas or Parts of the Ocean where Monsoons are usual, which is a periodical blowing one half Year one way, and the other half Year the contrary; and the Limits of these Winds extend almost to the Latitude of 30 Degrees on each side the Equinoctial Line; besides the shifting of these contrary Winds call'd Monsoons, mostly be_tween the two Tropicks on each side the E_quator, is not all at once, but sometimes is attended with Calms and variable Winds, and sometimes with violent Storms that seem to be of the Nature of the West-Indian Hurri_canes, and these Tempests or Tornado's are by the Marrines term'd the breaking up of the Monsoons.

Moreover, it is impossible to make the En_gines which are to make the Sounds, to give all of them Sounds of the same Strength, Te_nor and Circumstances, so that the Hearers shall tell by Ear in what Longitude they be; nor can I conceive how a Sound can move circularly (as Mr. Whiston and Mr. Ditton do alledge) unless the Wind blows all the Points of the Compass at the same time the Sound is given. And again, when the Sound is heard, at such and such distances, I am sure they cannot tell no more by the Sound how many Miles off it was made, than they can by it discover what Me_ridian they are under; but could the Hearers by the Sound tell what Meridian they were near, why then I must own they could tell the distance of that Place from the Place departed; because as Langius tells us, Maximum usum habet Meridianus in supputan_dis locorum distantiis, qu� vel sola longitudine vel sola latitudine, vel etiam utraque dimensione diffe_runt. Next as Cluverius rightly affirms, Muta_bilis dicitur Meridianus, quia si tantillum, ortum occasumve versus progrediaris, alius continuo erit Meridianus. It is a Paradox to me how the hearers shall know that the interval of appa_rent Time, in Two Places, where a Sound is excited, and where it is receiv'd, besides that which is due to the real Propagation of the Sound itself, shall be the difference of their Meridians, or of their Longitude in Time. Now the Engine or Instrument which these Gentlemen propose to make the Sound with, is a great Gun, in which also can be no cer_tainty, because every Gun, tho' of a like Bore, Bigness and Metal, will not give the like Sound, neither is Gun-powder of the like Strength; and when these two famous Artists talk, that Fire or Light 6440 Feet high will be visible, in the Night-time, when the Air is tolerably clear about 100 Measur'd, or 85 Geographical Miles, that is one whole Degree and 25 Minutes of a great Circle, from the Place where it is, even upon the Surface of the Sea; this Assertion seems to me as if they aim'd to have Beacons placed over the Watry Dominions of Neptune, and Warning Guns fixt on all the Mountains adjacent to the li_quid Element, that the Spectator and Auditor may both see and hear how far he is from Land. A petty Projection I vow! As is al_so their fixing Hulls of Ships, without Sails or Rigging at Sea, in all ordinary Cases, by Anchors; and in extraordinary Cases, where the Ocean is vastly deep, by Weights let down from the Hulls quite thro' the upper Currents into the still Water below, as near as possible to the bottom. Indeed to try the Experiment would require a great many Hulls, for multiplying the Periphery or Cirumference of the World, which is 21600 Miles, by the Diameter 7200 Miles, the Product is 155520000 Miles, which is the Number of Square Miles on the face of the Terrestial Globe; then dividing them Square Miles by 7225, the Number of Square Miles in 85 Geographical Miles multiply'd in itself, and which is the distance they would have these Hulls placed from one another; besides hav_ing Masts erected upon hollow empty Vessels with White Spheres at their Tops, to be fixt in proper Places, at equal distances between these Hulls, for the more sure guiding Ships in Places of Danger, the Product of the a_foresaid Operation in Division is 21525; but allowing one Third of the Globe to be Earth, and so dividing the last Number by 3, the Product will be 7175, the Number of Hulls to be continually kept in Use, and which will not take less than (if you allow but Eight Men to a Hull) 57400 Men to look after them.

Truly this is a very whimsical Notion, look_ing very Ridiculous in Mr. Ditton and Mr. Whiston; the first of which Gentlemen I do not know, but as for the other, People says he is a little beside himself, or rather, if he has any such Thing as Brains, they are really crackt. They might as well have propos'd a Method of building half-way Houses on the Ocean from London to all Place as we Trade to; for suppose we could raise so many Men as above-mention'd, how many of them would be willing to lead such desolate Lives as they must on the Sea, in the danger of Drowning and Famine? Even Malefactors would refuse a Pardon upon Condition of living under such a solitary Confinement. But perhaps these Gentlemen may say that we are not to be at the aforesaid Charge of keeping so many Men and Hulls, but every Nation must keep a certain Compliment of these Hulls and empty Vessels with erected Masts, according to the Extent thereof abutting on the Sea: Why we'll suppose all this, and what then? As one Nation was at War with another, they would spoil these Sea-marks; and Pyrates having regard to no Nation, they would de_stroy all of 'em, to supply themselves with Men, as they should have occasion. More_over, other ill Conveniencies will accrue to this Project, for in Storms the Cables of those Hulls that lie at Anchor will oftentimes break, and such as are in the Ocean with deep Weights hanging from them into the Water, will drive about with the Wind and strong Currents, were ever so many heavy Weights fixt to them; I have seen this Experiment try'd in a great Storm once in the Bay of Biscay, and another time in the Gulph of Florida, and found this Citation false which Mr. Whiston and Mr. Ditton quote out of the Philosophical Transactions, That Ships hav_ing heavy Weights let down by Ropes from them into the lower Parts of the Waters in the Ocean, when Tempestuous, will ride as firm_ly as if fasten'd by the strongest Cable and Anchor to the bottom. And if so be these Hulls, as I have Remark'd above, lie expos'd to the Casualties of having the Cables of their Anchors broke, and these Hulls which have Weights hanging from them into the Waters of the O_cean, will not remain fixt in Stormy Weather, but drive many Leagues about with the Wind and Currents, I demand which way they'll know how to find their old Stations again, when the Storm is over? Upon my Word this new Method of finding out the Longitude of Places is very insignificant, and if (as they say) in case some Parts of the Ocean prove so very deep and rough that no Hulls can be fixt in them, the way to recover the Longitude, which may be by this means interrupted, is rightly propos'd by Sir Isaac Newton himself, in his Paper deliver'd in to the House of Commons, declaring that upon such Accidents, they must Sail obliquely from the last Hull into the Parallel of the next, and so all along the same till upon approach_ing to that next Hull the Longitude be a new recover'd, and the Voyage be continu'd as be_fore. Let me ask, may none of these Hulls be lost in bad Weather? And if so, what Course must the Ship then Sail that is to be guided by such a Mark at Sea? Again, is it be to suppos'd that Ships setting out from London, Bristol, Leith, or any other Part of Great-Britain, will Sail out of their way to be guided by these Hulls and empty Vessels, which may lie many Leagues to the Wind_ward or Leeward of them? No, they will make the best of their way; and tho' they may get Men to supply these Hulls in hot Cli_mates, I question whether any will be so mad as to look after them about Baffin's Bay, Groen_land, Button's-Bay, Greenland, Scythick Ocean, Tartarian Sea, and the Streights of Magellan; where they must most part of the Year en_counter with more than Cimmerian Darkness, destructive Cold, Mountains of Snow, and Rocks of Ice; in the midst of these Extremi_ties the explorsions of Guns, firing combusti_ble Matter in the Air, and other Signals would be wholly laid aside.

As for the Method which Mr. Hobbs proposes for finding out of the Longitude, I shall not descant on that, because it is as use_less as the other: I shall now proceed to de_clare, that the Rules which I have before al_low'd for the finding out the Longitude of Places are the best hitherto know; but as the certainty is not infallible, give me leave to say farther, that the Longitude is never to be exactly found out till an Instrument is made for that Purpose, which shall shew the Lon_gitude of any Place, when the Sun shines, with as much exactness as the Quadrate dis_covers the Latitude. Such an one I hope shortly to bring to Perfection, fixing the first Meridian at Westminster-Abby, and allowing for every Degree of Longitude on each side the Equinoctial Line, the Number of Miles and Minutes set down in the following Table. Degrees. Miles. Parts. Degrees. Miles. Parts.1 59 59 18 57 42 59 58 19 56 443 59 55 20 56 234 59 51 21 56 15 59 46 22 55 386 59 40 23 55 147 59 33 24 54 498 59 25 25 54 239 59 16 26 53 610 59 5 27 53 2811 58 54 28 52 5912 58 41 29 52 2913 58 2 30 51 5814 58 13 31 51 2615 57 57 32 50 5316 57 41 33 50 1917 57 23 34 49 45Degrees. Miles. Parts. Degrees. Miles. Parts. 35 49 9 63 27 14 3648 32 64 26 18 37 47 55 65 25 21 38 47 17 66 24 24 39 46 38 67 23 27 40 45 58 68 22 29 41 45 17 69 21 30 42 44 35 70 20 31 43 43 53 71 19 32 44 43 10 72 18 32 45 42 26 73 17 33 46 41 41 74 16 32 47 40 55 75 15 32 48 39 9 76 14 31 49 39 22 77 13 30 50 38 34 78 12 28 51 37 46 79 11 27 52 36 56 80 10 25 53 36 7 81 9 23 54 35 6 82 8 21 55 34 25 83 7 19 56 33 33 84 6 16 57 32 41 84 6 16 58 31 48 86 4 11 59 30 54 87 3 8 60 30 0 88 2 5 61 29 5 89 1 3 62 28 10 90 0 0

Note, that in the first Column you have the Number of Degrees, to the uttermost Ex_tent of the Northern or Southern Pole on ei_ther side the Equator; the second Column shews the Number of Miles contain'd in each of the 90 Degrees upwards or downwards; and the third the Parts of a Mile; and the same Table serves to shew how many Minutes and Seconds are requisite to make one De_gree of the Equinoctial, by supposing the second Column to be Degrees instead of Miles, and the third Column Seconds instead of Parts of a Mile. 'Tis true, there is a great Difference among Authors concerning the Circuit of the whole Earth, for Strabo and Hipparchus compute it at 31500 Miles; Eratost_henes at 31250 Miles; Possidonius and the anti_ent Arabians at 30000 Miles; Ptolomy at 22500 Miles; and the latter Arabians at 25500 Miles: But I follow the Italians and Germans, who reckon the Earth to be 21600 Miles in Circumfe_rence; and having no lei_sure now to enquire into the Reasons, for these great Mathematicians so widely disagree_ing in their Mensuration of the Earth, I shall only add, that the Instrument which I shall propose for finding out of the Longitude of Places, will likewise shew the Elevation of the Pole in any Degree of Latitude North or South, the Bearings of one Place from ano_ther, and the exact Hour of the Day either by Sea or Land; but in the mean time, my Reader must Pardon me, for not describing by a Figure the Form thereof, and in what manner I shall make my Projection good, since such a Discovery would set others to try the Experiment; therefore the World must have a little Patience, for since I have spent a great deal of Pains and Time, with_out taking any notice of Charges, in the Invention of the Instrument, it is but reason_able that the Inventor should have the En_couragement to be given, in case it answers what he proposes. &horbar

FINIS. &horbar |CSC |Y1722 Mr. Maitland's ACCOUNT OF INOCULATING THE SMALL POX Vindicated, From Dr. Wagstaffe's Misre_presentations of that Prac_tice, with some Remarks on Mr. Massey's Sermon. &horbar &horbar LONDON: Printed and Sold by J. Peele, at Lock's Head in Paternoster-Row. 1722.

To The Honoured Sir HANS SLOAN, Bart. PRESIDENT Of the Colledge of Physicians, &c.

PErmit Me, Ho_noured SIR to Inscribe these few Sheets to you. They are written in Vindication of the Practice of Inoculating the Small Pox. Your known Candour and Experience encourage me to submit them to your Censure, with Regard not only to the Safety of the Method; but like_wise to the Truth of the Facts here contested. I am under great and many Obligations,

Honoured Sir, Your most Obedient Humble Servant, Charles Maitland.

Mr. Maitland's Account of INOCULATING THE Small Pox Vindicated, &c.

I Am very Sensible of the Respect that is due to the Profession, and Character of the Author of the Let_ter against Inoculating the Small Pox; but am no less sensible of the Obli_gation I lye under to vindicate my own Re_putation, which a violent Fit of Sickness hath hitherto hinder'd me from doing. And I can do it with the more Freedom, be_cause I am conscious to my self, that I be_gan this Practice in England with the same View to the Publick Good, with which, I hope, the Learned Author condemns it. I must take the Liberty to say, that allowing the Doctor's Abilities to be as great as pos_sible in his own Profession, he seems not quite so well qualify'd to write upon this Subject; because of the Narrowness of his Experience (as far as appears by his Letter) and his partial Credulity, or Incredulity in Matters of Fact, which he takes from others; and lastly, because of strong Prejudices, which impose upon his most excellent Under_standing; and draw him into Reasonings, which either are inconsequential, or conclude strongly for the Practice of Inoculation, which they are brought to overturn. All these, I believe, will appear very plain to any Im_partial Reader, in the following Animad_versions, in which I will endeavour to be as short as the subject will allow.

The Letter pretends to be an Admonition to Physicians not to meddle in this Practice of Inoculation, 'till they are better ascer_tain'd, by Experience, of the success of it: At the same Time, it is a most warm Dis_suasive, not only to Physicians, but to all Sorts of People, not to practise it at all; and consequently, to deprive them of all Possibility of coming by Experience. Would it not sound somewhat absurd, if any one should say to a young Physician, Pray, Sir, don't Practise 'till you have Experience? But it is still more so in this Case, because in a Practice that is entirely to be laid aside, you can neither have the Benefit of your own, nor other Peoples Experience.

As to Physicians meddling with this Pra_ctice of Inoculation, I can only say, it may savour too much of Novelty to be bigotly zealous for it; and to much of a Faculty_Interest to be so violent against it. Physicians cannot ingraft People against their own, or their Parents Consent; and a Physician would be out of his Duty, who should persuade them to it contrary to their Inclinations: On the other hand, If a Person, from the Experience of the Fatality of the Small Pox in gene_ral, or in his own Family in particular, should resolve to ingraft his Child, any Physician, who should dissuade him from it, might, in a great measure, be chargeable with the fatal Consequences of the Neg_lect of a Method, which the Parent had pro_pos'd, as the only Means to safe his Child's Life: And he would be still as much to blame, if when the Parent had resolv'd to ingraft his Child, he should refuse to attend him. It is very common with Parents, not only to leave their Children in Houses in_fected with the Small Pox, but to bring them into the Room, where their Brethren or Sisters lye ill of them; and a Parent who does so, conveys the Infection to his Child as deliberately, and according to the Doctor, more certainly than he, who orders him to be Inoculated. Would it not then be equally, impertinent in the Physician to deny his Attendance in either Case?

I must put the Doctor in Mind, that there are very few of the most useful Discoveries in Physick, that have not been strenuously oppos'd by many of the Faculty upon their first Appearance. There is extant a Decree of the College of Physicians at Paris, a_gainst the Use of Antimonial Vomits: It were easy to assign many Instances of the like Nature.

As the Doctor is surpriz'd, that an Ex_periment, practis'd only by a few ignorant Women, amongst an illiterate and unthinking People, should on a Sudden, and upon a slen_der Experience, so far obtain in one of the Politest Nations in the World, as to be receiv'd into the Royal Palace. I hope he has not forgot, that the Practice of Curing Inter_mitting Fevers by the Bark, was intro_duc'd of a Sudden, by a barbarous Indian, if not into the Royal Family, into the Family of a Viceroy; and thence transmitted to us.

Page 7.] The Blood of the English if we speak of it as National, is the Product of the richest Dyet, &c. Ergo, to bring 'em to a spare Dyet before they have the Small Pox, must be extremely dangerous and hurt_ful. This must be the Doctor's Conclusion: mine, I own, would be the direct contradi_ctory. If the Inflammatory State of the Blood, arising from the Richness of the Dyet, makes the Small Pox in England very mortal; That Practice, which either takes the Advantage of a contrary State of the Blood, or by a Spare Dyet introduces it, must be benefi_cial.

Page 8.] The finest, the most Volatile, and indeed, Insensible Particles of the Animal Juices, are the most penetrating, and conse_quently the most contagious. And for the same Reason, the most noxious: Does it follow therefore, To convey the Infection by the grosser and sensible Parts, must be ex_tremely unfit and dangerous? I confess, I should have inferr'd the contrary.

The Symptoms are more or less, and the Distemper appears in a greater, or a less Degree, according to the State of the Blood at the Time of Infection. Therefore the Pra_ctice of Inoculation is highly to be encou_raged, because it either finds, or puts the Blood into a good State, before the Infe_ction; seems to be a more natural Conclu_sion, than the contrary One.

Page 10.] If we could be assur'd, that the Distemper would not be equally uncertain by Inoculation, according to the Nature of the Injected Matter, or the Disposition of the Fluids, in the Person who receives it; so that it would constantly prove of the mild_est Kind, Inoculation would, no doubt, be a very rational and useful Practice. The Doctor surely will not affirm, that a Person Inoculated is equally uncertain of the Cir_cumstances mention'd, with one who catch_es the Small Pox by the common Way of Infection. First, He may be assur'd, if the Inoculation takes Place, of the Time when he shall have the Small Pox. Secondly, That he has not the Infection by the insensible Particles, which the Doctor owns to be the most contagious; or which is near the same Thing, convey the Contagion the strongest. Thirdly, He may be as sure, as his Operator is careful, that he is infected by a favour_able Kind. And, Fourthly, He may be much more sure of the Disposition of his Fluids, than a Person who catches them by Chance, after a Surfeit, or a Debauch: And after all this, he may be assur'd, if he has not abso_lute Certainty, (which, I believe, one has hardly in Blood-letting) that he has a much greater Probability to escape, which is suffici_ent Ground for human Prudence to act upon: If the Doctor will deny those Things, I think it is Folly to reason upon this Sub_ject any longer: And if , as the Doctor says, Inoculation may be a more uncertain Me_thod to give the Contagion, than that which Nature has pursu'd; it may be, notwith_standing that, much more safe.

Page 11.] The very Choice that is made of a thick purulent Matter, to intermix im_mediately with the Blood, seems a little re_pugnant to our Reason, since we know, that the Particles have such a different Contex_ture, and such different Powers to Attract. It may proceed from my Ignorance, or Dul_ness, but, I confess, I do not easily appre_hend the Meaning of this Sentence: Whether by the Particles he means the Parti_cles of purulent Matter, or the Particles of Blood; or whether the Particles of purulent Matter have different attractive Powers, from those of the Blood, is not obvious from the Construction of the Sentence. I chuse ra_ther to understand him in the last Sense, be_cause he has afterwards very sagaciously discover'd, That the blended Particles of Blood with Blood, may, in all Reason, be thought more likely to unite, and less liable to raise Commotions. But it happens unluckily in the Case of Inoculation, the Design is to raise a Commotion; and the purulent Matter, for the Reason mention'd by him, is fittest for that Pupose; And his Observation, that pur_ging Medicines injected into the Blood will Purge, does not prove, that the Pus of the Small Pox, mix'd with the Blood, may not raise the Small Pox. What he says in this Paragraph, as likewise in the following, con_cerning the Experiment of the Mangey Dog, proves, that Pus is a more proper Vehicle to convey Infection than Blood; I cannot find any more in it.

Page 13.] It never came into the Heads of the Practitioners above-mention'd to raise Distempers by Art in a human Body. Then I will be bold to say, it never came into their Heads to practise Physick; which, con_sider'd in a true Light, is founded upon that single Principle of Curing Natural, by raising Artificial Diseases. What is Bleeding, but an artificial H�morrhagy; Purging, but raising an artifcial Diarrh�a? Does the Vo_miting produc'd by a Surfeit, and that pro_cur'd by a Medicine differ so much, as that the One must be call'd a Disease, and the O_ther not? Are not Blisters, Issues, and Setons, artificial Imposthumations? I hope he has not forgot the To pyr poiein of his great Ma_ster Hippocrates. The Wounds and Ampu_tations of Surgeons, differ only from acci_dental Ones, by the Manner and Intention; Morbus est ille corporis status qui functiones Animales l�dit: And it may be likewise observ'd, that Physicians produce those Di_seases in their Patients often by Way of Prevention as well as Cure; and in this they do nothing but imitate Nature, which often attempts the Cure of one Disease by another.

Page 14.] His next Argument is taken from the fatal Consequences of this very Matter it self returning into the Blood, in the very Height of the Small Pox, where there seldom is a full and sufficient Discharge by the Skin, &c. One would imagine, that the natural Inference from this, would be to the Advantage of Inoculation; For if there are terrible Symptoms, which arise from Want of a sufficient Discharge of the purulent Matter in the Small Pox; Inocu_lation, which provides for such a Discharge, by artificial Out-lets, must needs be useful; and seems more proper than the Blisters, which the Physicians apply on that Occa_sion. As to the fatal Consequences arising for Want of a sufficient Discharge upon the Skin, I am affraid the Case is quite different from what the Doctor represents; for the more Matter is discharg'd upon the Skin, the more is often return'd into the Blood; witness the confluent Kind of Small Pox, where the Dis_charge upon the Skin, as well as the Symp_toms arising from the Return of the Mat_ter into the Blood, are both the greatest: And I believe it will be found, the less the Discharge upon the Skin, the less will be the Danger from these Symptoms. The Do_ctor says, That one may always observe in this artificial Method (even where the Dis_temper is the fairest and most kindly) that the Pustules scarce ever plump up to that Degree, or contain so laudable a Matter, as they do in the natural Sort. Here is an odd Jumble of the Words always, scarce ever: Suppose for scarce ever one put seldom, then the Sentence runs thus; One may always observe the Pustules seldom plump up, &c. What happens but seldom, happens some_times; and to observe always That not to happen, which happens sometimes, is odd, or oddly express'd. I would be glad to know how many Cases the Doctor has observ'd, to frame this so general a Proposition upon; of the contrary of which, Hundreds of Per_sons about this Town, who know the Di_sease perfectly, have been Eye-Witnesses.

Page 16.] The Doctor foresees some Incon_venience that must happen, from those vis_cid Particles intermixing with the Blood, without undergoing the common alterations of Aliment. But they have that in common with the Volatile and most Insensible Partic_les. But then they are viscid, and therefore, (according to the Doctor's Reasoning) don't convey the Infection so strong: But they oc_casion great Disorders; Not so great as the Insensible and Volatile Particles. At last, they break through the Glands of the Skin: If only the small Quantity of purulent Mat_ter, that mixes with the Blood, break thro' the Pores of the Skin, the Erup_tion, indeed, would be very small; But to cause an Eruption, is the very Intention of the Operation; the Small Pox cannot be produc'd without it: And if the Doctor still insists, that it is only like the Small Pox; all I can say is, If he had been pleas'd to attend Multitudes of Cases of Inoculated Persons, here and else_where in England, since this Practice began, he must have been convinc'd, that the Erup_tions, produc'd by Inoculation, are the Ge_nuine Small Pox. If his Arguments so far prevail, as to hinder any future Inoculation, he must for ever continue in his Mistake; If the Patient recovers, then it was only something like the Small Pox; If any one dies, then to be sure it was the Small Pox catch'd by Inoculation, and of the worst Sort. In this Paragraph it is no Small Pox; by and by, it is a Small Pox so bad, that it is capa_ble of spreading the Small Pox through a whole City; and an artificial Way of depo_pulating a whole Country. This Way of Ar_guing is a very plain Proof of the strong Pre_judices the Doctor lyes under; and that as he has taken up his Opinion early, he is resolv'd to defend it obstinately.

Page 20.] The Inoculators are charg'd with Acting like Empirics, because they are not ascertain'd of the different Doses for Chil_dren and Adults. There does not seem to be any great Matter in this Nicety, by Ex_perience, as it stands hitherto; a small Quan_tity will communicate the Small Pox, and a greater has been found not to do hurt in a_ny one Instance. If the Inoculation is per_form'd by Incision, the different Apertures will answer that Intention: However, there is a great Difference between recommending Caution, and forbidding the Practice: It is still more strange to forbid the Practice, 'till that is determin'd, which can only be found out by Practice. According to this Princi_ple, it had been impossible ever to have found out any Thing in Medicine; for he that gave the first Dose of a Vomiting, or Purging Medicine, or of any other, could never be sure of the proper Dose; nay far_ther, according to this Doctrine, it is impos_sible to give any Body their first Dose of any Medicine: For who can tell what is the pro_per Dose for any particular Person, there be_ing often Singularities in every one's Consti_tution? In all these Matters, Mankind ge_nerally govern themselves by common Sense, and strong Probabilities; there being no ab_solute Certainty in any human Affairs.

Page 25.] The Doctor returns to his for_mer Point, that it is not the Genuine Small Pox, and consequently no Security against that Disease. The Matters of Fact I will answer by themselves; all I shall say at present is, that if the Symptoms of the Ingrafted Small Pox are more mild, than those of the natu_ral Sort, I hope the Doctor will not bring that as an Objection against the Practice. I believe the Patient, in this Case, has just as great Certainty for not having the Small Pox again, as any other Person who has had them; which is no absolute one. Those who are In_fected by any Method, I believe, are much in the same Condition, as to their Security from the Disease for the future; for which, I will give the Doctor this one plain Proof, which is sufficient to establish a moral Cer_tainty. This Practice of Inoculation has been continu'd for many Years in several Countries; if the Inoculated had been subject to catch the Small Pox a second Time, something of this Kind must have happen'd; and a very few Instances of this, must have put an End to the whole Practice: For can any one ima_gine, that People in their Senses would have continu'd a troublesome Experiment, which was not effectual for the Purpose for which it was design'd? I will take the Freedom to say, that this single Reflection is a stronger Proof of this Point, than all the Doctor's Doubts and Suggestions, who knows nothing to the contrary; as I shall shew by and by. May it not at least be aviseable to al_low a Truce in the Dispute, 'till an uncon_tested Case of that Kind happens?

Page 28.] But, Innoculation does not al_ways take Place and produce the Disease: is Therefore the Practice to be left off? There are some Persons, who by a Speciality of their Constitutions, seem hardly susceptible of the Distemper; and others, who have had the Disease, but it has been mistaken, or forgot. They go farther in Turky, and af_firm, that the very running Sores are a Secu_rity against the Small Pox. There may be, indeed, a strong Presumption, that Persons, who have had so severe a Tryal as Inocula_tion, may not be susceptible of the Distemper. Besides, there are several Incidents in perform_ing the Operation, which may not be carefully attended to; if the Patient has not the Small Pox, there is little Hurt done. There are some, whom a very strong Dose of Physick will not purge: What then? must we never afterwards give a Purge?

If the Doctor's Aphorism, laid down, Page 36, That an Experiment, to make it useful, always must be nearly uniform; there must be no such Thing as the Practice of Physick; unless by the Word nearly he allows a very great Latitude.

I cannot allow it as a solid Argument a_gainst Inoculation, that the French and Ita_lians have not begun it; no more, than that the House of Bourbon has never been Ino_culated. Were the Doctor's Letter publish'd in Italian too, as it is in very elegant French, both Nations, to be sure, will be sufficiently frighten'd from ever attempting this Practice: And to make the Antidote still more univer_sal, let us have it in Sclavonic and High_Dutch, Welsh and Irish also.

What the Doctor says, Page 44, of the Attention that is to be given to the na_tural Weaknesses of the Constitutions of the Persons Inoculated, is a very proper Cau_tion; and perhaps Miscarriages, if any such there be, may be owing to the Neglect of it. But, as I hinted before, if the least ill Success, even in the most innocent Branch_es of the Practice of Physick, arising from Want of Care, or Skill, should be a per_petual Bar to the Repitition of them, Peo_ple must leave off to Purge, Vomit, Bleed, or even to cut Corns, of which Operation several die in a Year within the Bills of Mortality.

Page 45.] But it is possible, and even pro_bable, the Matter of the Small Pox may communicate the Diseases of the People from which it is taken. This is hard! The Doctor will scarcely allow, that the Matter of the Small Pox will communicate the Small Pox; but it is probable, that it will commu_nicate any other Disease. Que vive Thomas Diaphoinus, il n'a Jamais et� vaincu en dis_pute! How are we sure, that the Aliment, or Drugs, both for External and Internal U_ses, don't communicate the Diseases; nay, the very natural Qualities of those Animals from which they are taken? I think, indeed, the Election of wholsome Subjects to Ino_culate from, is a proper Caution; but the Doctor demands absolute Certainty, which cannot be found in any human Affair, and less still in any Medical or Chyrurgical Pra_ctice. Mankind in all those Matters govern themselves by the strongest Probabilities; and that these are on the Side of Inoculation, I shall plainly demonstrate.

Page 51.] The Doctor's Argument from the jarring Opinions of the Innoculators; if all he says were true, is just as strong against the Practice of Physick in General: For if no Body was to take any Medicine 'till Do_ctors cease to differ, I believe the Faculty would starve: May we not with more Truth affirm, that the Anti-inoculators (a Word more sonorous, and longer by two Syllables than that of Inoculators) are as inconsistent and changeable in their Opinions? One while they asserted, that it was impossible to give the Small Pox by this Method; when Experience had convinc'd them, some of 'em at least, of the Untenableness of this Do_ctrine; then they allow'd, if it prov'd mor_tal, that it was the Small Pox; if they esca_ped, to be sure they would have them again; If it was a favourable Sort, then there was some inveterate Distemper transplanted with it; If any Boils or Imposthumations appear'd at the going off of the Disease, those were the Effect of the Inoculation, not the Con_sequence of the Small Pox in General, or of the Constitution of the Patient. These are certainly, not the Reasonings of inge_nious and inquisitive Philosophers, but the Cavils of interested Disputants; and it would be ridiculous, for any Man to be determin'd by the jarring Opinions, either of the one Side or t'other.

There is nothing material in the Way of Argumentation, 'till we come to Page 62. There this Practice is condemn'd, as it tends to propagate and continue an Infection in any Place: Here again it is the Small Pox; else why should it spread the Small Pox? I answer, if it be true, that the Generality of Mankind have the Small Pox; if they are rare in some Years, they must be rife in others; because a new Stock of Subjects susceptible of the Distemper is produc'd; and the Operation of this Distemper upon the Mass of Mankind in any particular Place, is nearly uniform. When this general Run of the Small Pox happens; I take it to be indif_ferent to the Mass of the Inhabitants of any Place in general, exept in this one particu_lar, that when the Disease is produc'd by a bad Constitution of Air, as it is most Epide_mical, so it is then most mortal. Now if this Distemper should happen to be propaga_ted by an artficial Method in a favourable Season, would not this be rather an Advan_tage to Mankind than otherwise? For exam_ple, The Doctor alledgeth that hardly one of a hundred hath dy'd of the natural Sort this Year; would it not then have been highly profitable to Mankind, that a general Run of the Small Pox had happen'd in so fa_vourable a Season; and this would still ope_rate more strongly for the Benefit of Man_kind, if not only the Season, but the Method of Propagation had ten to one of odds of producing a mild Sort. So that this Argu_ment of the Doctor's has the Misfortune, with a great many of the rest, to prove the Contradictory of his Conclusion: But with_out taking the Advantage of the Doctor's hardy Assertion, that hardly one of a hun_dred have dy'd this Year of the Small Pox: I will examine it a little by Numbers. I have not all the Bills of Mortality by me, but by a small Specimen, the Accompt stands thus: Dy'd of all Diseases. Dy'd of the Small Pox.1707. 21600 1707. 1078 21291 1687 21800 1024 24620 3138 19833 0915 21198 1943 21057 1614 26569 2810 22232 1057 24436 2427 23446 22111718. 26523 1718. 1884 274605 21788

By which it appears that the single Branch of Mortality occasion'd by the Small Pox is some Years 1/8 and in a Circle of twelve Years about 1/12 of the whole Mortality in ge_neral; For 21,788 is near 1/12 of 274,615. During this Term of Years, London wanted an Addition of near 22000 People yearly to keep it equally full. If all Mankind had the Small Pox, then 22000 People, one Year with another had it; of which 1/12 dy'd; If one half of Mankind had the Small Pox, then 1 out of 6, who had the Distemper, dy'd of it. Which, by the way, shows the Doctor to be out in his Calculation; for if only 1000 die this Year, as perhaps may ap_pear by the Bills, 100,000 must have been sick of the Distemper, to make his Assertion true, that one only of a hundred dy'd: If he means it only of Children, it is a strong Argu_ment for Inoculation, because it allows that to be a favourable Age.

By the Bills of Mortality of Breslaw it ap_pears, that the Mass of Mankind lose above 25 per Cent, before they are a Year old; that is, of a 100 that are born, more than 25 die that first Year: I may say with great Proba_bility that not 1/9 of those have the Small Pox at all; but die of other Diseases; and that in the Account, as it stands before us 8 of 9 of Infants may be reckon'd neither Subjects of the Distemper, nor of this Practice, but as it were non-Entities. Therefore out of the 22000 People, the yearly Recruits of London abovemention'd, substracting 4000, there remains 18000, of which yearly there died above 1800 of the Small Pox; that is, 1/10: So that the Small Pox may be reckon'd to cut off 1/10 of Mankind above the Age of one Year. I wish the World is not malicious enough to say, that Physicians (like the Clergy) are now strugling for their Tenths. But to proceed, If, as I said, all Mankind above a Year old have the Distemper, 1 out of 10 dies of it; If one half, then 1 out of 5, which have the Distemper the natural way, dies of it: If 1/4 of Mankind have the Small Pox once in their Life, then of them 2 out of 15 die: If 5/6, then 3 out of 25, which have the Distemper, die of it. According to D. Net_tleton's Calculation; out of 1245 who had the natural Small Pox in some Neighbour_ing Towns in Yorkshire there died 270, which is about 22 out of a hundred. As to the pru_dential Part of Inoculation, it is all one whe_ther a greater or lesser Number have the Small Pox; for the Chance of not dying by the Small Pox the natural Way, is made up of the Chance of escaping the Distemper, and that of escaping in the Distemper. If 1/2 of Man_kind have the Distemper, it is 1/2 of 1/5 or 1/10: If 3/4 of Mankind have the Distemper, then it is 1/4 X 2/15 or 6/60 or 1/10 &c. Still all Mankind must be consider'd with the Seeds of a Dis_temper within them, which has the Chance of 1 to 9 to cut them off. Then surely they don't merit such hard Names, of Homicides and Spreaders of Infection, who do but at_tempt to lessen the Dread and Danger of this terrible Pestilence.

By the Accounts of the Inoculation in Eng_land and the Plantations, tho' it is an early Practice, and has not been manag'd with due Care and Circumspection; out of about 500 on whom it has been perform'd, the Enemies of the Practice have not produc'd the Names of above 3 Persons that have died; allowing their Deaths chargeable on this Practice, which I believe is not in Fact true: A Pra_ctice which brings the Mortality of the Small Pox from one in ten to one in a hundred, if it obtain'd universally would save to the Ci_ty of London at least 1500 People yearly; and the same Odds wou'd be a sufficient pru_dential Motive to any private Person to pro_ceed upon, abstracting from the more occult and abstruse Causes which seem to favour this Operation. It is a self evident Proposi_tion, that a Person who receives the Infe_ction by Inoculation, has a much fairer Chance for his Life, than he who takes it the natural Way; unless it can be affirmed, that the having the Election of all the Cir_comstances of the Disease, is of no manner of Advantage. For Example, it must be of some Benefit, to know that one is to have the Distemper nine or ten Dayes before it comes; rather than to be surpris'd, or per_haps mistaken in it. To have it at an Age when it is not so mortal: To take it when the Body is in a temperate and cool State, ra_ther than in a contrary one: When the Constitution of the Air is favourable, rather than malignant: After a cool Dyet and other due Preparations, rather than after a Surfeit or a drunken Bout. For if the principal Strokes towards the Cure, are in the Regimen, in the Beginning of a Distemper; it must be still more so, in a Regimen before it begins. If the Doctor will deny these Truths, I have done. But if the having all the Circumstan_ces abovemention'd in one's Power be of some Advantage, then the Practice of Ino_culation cannot be hurtfull but beneficial to Mankind in general: Then why must an Ex_periment already practis'd with Success in an_other Country, that bids fair to save the Lives of Multitudes, be entirely laid aside and crush'd in the Bud? Cannot the learned Physicians, who so zealously oppose it, have a little Patience, and Time will clear up ma_ny Things in it, which perhaps may be now doubtful? Therefore since this Practice can_not be hurtful but beneficial to Mankind in general, it ought not to be discouraged.

As to the Inconsistencies and Mistakes, the Doctor is pleas'd to charge me withall: I shall always be so ingenuous as to own such, as my Inadvertency or Want of Experience have subjected me to. What I wrote was ac_cording to the best Information or Expe_rience I had at that Time. General Propo_sitions, in practical Matters, are not to be understood in the Strictness of a Logical U_niversality. The Symptoms from which I exempted the Inoculated Small Pox, are to be understood in a Comparative Sense, with regard to those of the natural Sort; the Word usual will justify this Meaning, in which any Reader, not quite Captious, will interpret them. If with all these Restrictions I cannot be favourably understood, I beg Par_don; and as I said before, I shall be always willing to recant any Mistake. But as on the one hand, I study to keep myself free from Prejudices, so far as to be susceptible of any fu_ture Conviction, which may arise from Ex_perience; so I wou'd not submit a Point al_ready establish'd, to the silly Cavils of those who have none.

I am sure, I am not mistaken in the Account of the Inoculation at Newgate; but the Doctor is. I referr the Reader to my printed Journal; whereby it ap_pears, that the Operation was fairly and equally perform'd on all: And I can with great Truth, declare, that I had no Intention to make any Difference in the Incisions; nor was there, indeed, any made. The Doctor not having seen Evans, the Man who had had the Small Pox before, till next Day, when they were partly heal'd, this might occa_sion his Mistake. Nor was the Matter taken from a violent Flux-kind, but from a full distinct Coherent kind, and at the proper Time. Mrs. Tompions Boil (as he call's it) on her Arm; was not the same from the first Day of the Eruption; nor the only one she had: But was a fair, regular Pustule of the Small Pox, of which also she had others, if he had been pleas'd to examine. Alcock, who had the Goal-Distemper, had also 60 Pustules, at least, of the Genuine Small Pox; with a gentle Fever before the Eruption. As to all of them, having had but few Erup_tions; I hope, that is no Objection against the Practice. And as to the Time and Man_ner of their Pustules going off; they were much the same, as in the gentler Sort of Small Pox: Only that Alcock opening his with a Pin, made them fall off sooner. The Doctor might have taken Notice, that Eliz. Harrison, who had them as gently, at least, as any of them; has been employ'd since in Nursing above 20 People in the Small Pox, and never has catch'd them: Which any im_partial Person will judge to be a better Proof of the Genuinness of the Distemper, than all his Observations can evince to the contrary.

As to Mr. H---n's Case, it is true. But the Inference is only, that there was one Per_son, on whom the Inoculation did not take place. I hope the Doctor has not forgot that he own'd to me that Mr. Colt's Children had the true Small Pox; tho' their Case differ'd in nothing from those in Newgate; but in the Degrees of the Distemper.

As to the Experiment in St. Thomas's Hos_pital, after two vastly large Incisions, and an immoderate Quantity of the Matter ap_plied; three Days and Nights Confinement of the Patient to his Bed, without opening his Bandage, a warm Regimen, in a hot Season; I visited him, (to know the Truth of the Noise that was made) on the sixth Day after the Operation, and saw no Eruptions, nor had he any; nor were his Incisions di_gested: I took the Freedom to ask Doctor Wadsworth then present, whether the Sores (pointing at them) were like those he saw at Newgate? And he fairly own'd, he cou'd not say they were. I again saw this Patient a Week after, but still no Eruption; If any Eruptions happen'd between these Times, they could not be the Small Pox: And I be_lieve, none who saw and attended both Ex_periments, can truly say, they were like those in Newgate.

I own that it seem'd probable that the six Persons in Mr. Batt's Family might have catch'd the Small Pox of the Girl that was Inoculated; but it is well known that the Small Pox were rife not only at Hertford, but in several Villages round it, many Months before any Person was Inoculated there: Witness Mr. Dobb's House in Christ's Hospital Buildings, where he himself died of the worst Sort with Purples; and his Children had it. Some other Families there, and particularly Mrs. Moss's, where the a_bove-named Elizabeth Harrison, Inoculated in Newgate, attended several Persons under it, to prove whether she would catch the Di_stemper by Infection; Both Latin Boarding_Schools; Mr. Stout's and Mr. Loyd's Families; Mr. John Dimsdale's Coachman and his Wife; and Mr. Santoon's Maid-Servant, who was brought to the same House, and died of the Confluent kind of the Small Pox; I took Matter from the said Coachman to Inoculate Mr. Batt's Daughter in the Coun_try Farm House, the first Ingrafted in that Country. After this I took Matter also from Mr. Stout's Maid-Servant to Inoculate Mrs. Heath's two Sons; which were all I Inocu_lated in that Town. Besides all these there were a great many more, whose Names I cannot at present call to mind both in Town and Country about it, who had the Small Pox, and several died of it, the Summer be_fore I began this Practice: These are Mat_ters of Fact, which the Doctor's Author can_not disprove. To charge then the Spreading the Infection and the Consequences of it, thro' that Town, upon two single Boys who were Inoculated in a Court in a manner se_parated from all the rest of the Town, which was fuller of the Small Pox before than after the Inoculation, is not agreeable to that In_genuity which the Doctor seems to demand of his Adversaries.

The case of Mr. De Grave's Daughter which fills up three or four Pages in the Let_ter, and upon which the Doctor lays the Foundation of his Hypothesis, the Reader may please to take from her Father's own Words in his Letter annex'd. From which it appears that the Girl had the Small Pox but once, of the favourable kind; and in all Probability by Inoculation. So far the Case is singular, that it did not take place till ele_ven Weeks after the Operation; and untill the Blood was put into a Ferment by violent Motion. Here the Doctor triumphs in his Dilemma, Either she had, or she had not the Small Pox by Inoculation; If the first, then it is plain Inoculation is no preventive of the Disease; If the second, the Experiment is good for nothing. I think in this way of Ar_gumentation, to make it conclusive, there ought to be a perfect Enumeration; but here is a Third Case, and the real one, not enu_merated; which is, that the Girl had the Small Pox, and that but once, by Inocula_tion; tho' not at the same Time when the Doctor lays the Scene of his Dilemma. But to consider the Second Branch; allowing that this Small Pox was the natural Sort, and not produc'd by Inoculation, of which, I think, the contrary is plain; sure it is a strange Inference to say, that because Inocu_lation has not taken Effect in one Subject, it is therefore good for nothing. The Do_ctor's excellent Judgment will instruct him to reason with more Temper and Solidity in other Matters of his Profession; and not make Use of his Aphorism, That one In_stance is as good as a thousand in Matters of Experience. What the Doctor says of his Fears of a great Class of Hypothetical Di_seases, is all vanish'd, and the Girl is very well. I refer the Doctor upon this Head of the Preventive Power of Inoculation, to the Letter which he lays so much Stress upon, from Boston; where his Ally in this Dispute owns, That not one of the Ino_culated (being about three Hundred) during the Space of five or six Months, in a general Run of the Small Pox, has had the Small Pox the natural Way, as far as we know: But of this more afterwards.

As for his second Story of Captain Hus_sart, it requires only a bare Reading to make it ridiculous; For no unprejudic'd Person of common Sense can believe that one, after ha_ving been Inoculated twice without any Ef_fect, would try it a third Time: But after a third Time, to try it a fourth, fifth, and sixth Time, passeth all Degrees of Credibility. But it seems this Captain was not very certain, whether it was five or six Times; one Inocu_lation had quite slipt out of his Memory: he wanted one Quality, which the Proverb de_mands in some Sort of People. Since the Do_ctor can give Credit to this Story of Captain Hussart, and at the same Time question the Truth of what is said by eminent Physicians, who writ from their own and other Peoples Observations on the Spot, where Inoculation is practis'd daily; I appeal to my Readers, if I may not with Justice tax him of being partially Credulous or Incredulous, as Facts make for or against his Purpose. And with all due Respect to the Senate of Boston, I question whether a Bill, or an Hypothesis, founded up_on such a Fact, is more extraordinary. But al_lowing it to be true, what is the Inference? That a Person, who could not catch the Small Pox by Inoculation, had them the natural Way: If that were granted, will it prove, that one who has the Small Pox by Inoculation, may afterwards have them the natural Way? If upon the same Authority, the Doctor can believe the Story of the Muscovite Dragoon, or the Inoculated Soldiers in the French Ar_my; I wish him much Joy. I promise him I will not (like the Gentry who went in quest of St. Alban's Trough) ride twenty Miles to be able to disprove it. I should be glad to know, which Way the Doctor supports so bold an Assertion, That [Page 17] by the Ac_count Dr. Nettleton gives, as also by the best Observation upon those who have been Inocu_lated in this City, scarcely a fourth Part of them have had a true and genuine Small Pox; I have read over carefully Dr. Nettleton's Ac_count, contain'd in his Letters printed in the Transactions of the Royal Society, N&osup; 370; and for my Life I cannot find any Thing to justify this Assertion; on the contrary he says, We have not yet found, that ever any had the Distemper twice, neither is there any Reason to suppose it possible; there being no Difference that can be observ'd betwixt the natural and artificial Sort, (if we may be allow'd to call them so) but only that in the latter the Pu_stules are commonly fewer in Number; and all the rest of the Symptoms are in the same Pro_portion more favourable. I hope there is at least as much Credit due to an ingenious Pra_ctitioner, who writes from a very extended Experience, as to one who writes for the most Part by Hearsay.

As to those who have been Inoculated in London; to oppose my own, and other Per_sons Testimony from ocular Inspection, against his, who talks by Report, may seem perhaps too great Presumption. I therefore challenge the Doctor to name the Cases and Authori_ties whereby he supports such a wild Asser_tion.

As to Mr. Sp------r's Case, I will not pre_occupy my Reader with any Reflection; but refer him to the Matter of Fact here subjoin'd, as it is testify'd by the Surgeon and Apothe_caries that attended him.

As to the Case of Lord B------ts's Servant, I refer to the Account subjoin'd.

He is just as much misinform'd of the Case of Lord F------s's Son, who had a favourable Sort of Small Pox, and was in no Danger of his Life; as the Physician who attended him will readily own.

As to the unfortunate Accidents which have happen'd to some of the First Rank by this Ingrafting Method; if I guess right who he means, one of them is perfectly well with_out any unfortunate Accident; and the Im_posthumation, which had no Dependance nor Communication with the Incision, is per_fectly cur'd without any Exfoliation of the Bone, or any Hectic Fever. But it is hard to charge the common Accidents of the Small Pox in general, upon this Method in par_ticular.

It is no less a Misinformation, that the Children of a Nobleman, understood in his Letter, were Ingrafted from a bad Sort of Small Pox. As to what he says of the poorer Sort of People of Scotland, running about with the Small Pox upon them, without ei_ther Shoes or Stockings; the Doctor seems here to intend a Reflection, but I choose to avoid all Reflections, either National or Do_mestick. I believe the People of England, as well as those of Scotland, for the most Part, neither wear Shoes nor Stockings in the Small Pox: As to their Costum or Ability of run_ning about, they are much in the same Con_dition, as they are here; some have them fa_vourably, some otherwise, and every one has Conveniencies and Helps according to their Circumstances.

As for the three Letters from Boston in New England, printed by Way of Appendix to the Doctor's, It might suffice to say, that they are only a severe, and perhaps a just Invective, against the Clergy and others, for meddling in this Branch of the Physicians Practice: Upon which Encroachment, some of the Faculty invoke the Vengeance of the Civil Magistrate; and threaten the Offen_ders, as Poisoners and Spreaders of Infection, with Prisons and Gibbet's: And if the Laws in being are somewhat deficient, modestly call, as some others have done, upon the Le_gislature for new Ones. This general Consi_deration is sufficient to invalidate the Credit of any Thing that is said by a Person so strong_ly interested: But so great is the Force of Truth, that it has extorted enough from this partial Complainant to justify the Practice, which he so bitterly inveighs against. For first he owns, that the whole Practice of Ino_culation was manag'd by unskillful Persons; and that many who dy'd or suffer'd much un_der Inoculation, if they had had better Ma_nagement, might have had better Fate. That the Practitioners neglected as trivial both the Advantages of a suitable Season, and a well_prepared Body; That they Inoculated all A_ges and Constitutions from the Beginning; That they Inoculated Women with Child, and Hysterical People: And after all. They pra_ctis'd it at first with indifferent good Success: That it had been practis'd, since the Middle of June to the Date of his Letter, Dec. 20. upon above two hundred Subjects with vari_ous Success. He tells you in his second Letter, That they had at that Time the Expe_rience of two or three Hundred Inoculated: And after all this, in all his three Letters, he gives you only two Letters of the Name of one Inoculated Person who dy'd, Mrs. D---l. He says at Random, that others dy'd of it, whom Time may bring to Light. Were the Bodies of those Inoculated Persons hid under Dunghills? Had they not Christian Burial? It is wondrous strange, that in a Place, where the Practitioners in Physick and the Magi_strates both were against Inoculation, he could not come at the Knowledge of a Mortal Case but one, the Inoculated Mrs. D----l, who is trump'd up upon all Occasions: He says, many of the Inoculated suffer much, Page 2. What then? A Person that has the Small Pox, even in the gentlest Sort, must suffer, And at last, Page 10, he ingenuously acknowledges, That the Small Pox (acquir'd by Inoculation) is frequently more favourable than in the common Way, and not altogether so mortal.

Secondly, That not one of the Inoculated during the Space of five or six Months has had the Small Pox in the natural Way, so far as we know; that is, of about three hundred People Inoculated, some of which, no doubt, had only those Eruptions, which they will not allow to be the genuine Small Pox; In a Time, when the whole Town and Country was an Hospital of People sick of the Distemper, and few Persons exempt from its Rage, for the Space of five or six Months, not so much as one had the Small Pox, for ought they knew: I say, if such a Case had happen'd, it is not probable it could have been conceal'd; and that this Acknow_ledgment from one, who is so zealous an E_nemy to the Practice, is a stronger Proof of the Efficacy of it, for the Purpose intended, than all the Ifs and May-be's of this or any other Letter-Writer.

It had been fair in this Gentleman to have given in the Numbers that dy'd of the natu_ral Sort of Small Pox, during that Season; or to have stated the Case fairly between two or three Hundred sick of the natural Sort, and as many of the Inoculated Kind, both under the Care and Direction of unskillful and un_experienc'd People: And then, perhaps, as in the Inoculated Kind, he could instance, by Name, only One that dy'd; In the other Sort he would have been puzzled to find the Names of those who escap'd.

But to this he will say, that the Inocula_ted Small Pox propagated the Mortality of the natural Sort. There is a full Answer gi_ven to this Objection of spreading Infection before. I think it is hard to exclude Men from the Means of securing themselves from a great Pestilence, upon a meer Suggestion: The Influence of the natural Small Pox up_on Mankind, in any Place, in a Circle of Years, may be affirm'd to be uniform with strong Probability; and if the Air of any Place, in a contagious Season, is such, as ren_ders the Distemper very mortal, it is a strong Motive for People to take the Advantage of a good Season, and secure themselves in Time from a Plague, which is so likely to de_stroy them: And if Prudence only were to be consulted, it would perhaps be much more the Duty of the Legislature to order, than to forbid this Practice. And no Doubt, accord_ing to the Acknowledgment of the Enemies of this Practice, they would, by this Method, diminish the Mortality, and encrease the Number of their People; and the Magistrate is forc'd often upon more arbitrary Proceed_ings in any Pestilence: But as that would seem too great an Encroachment upon the natural Rights of Mankind, I should not ap_prove of it. But on the other Hand, it would be a most Tyrannical Encroachment upon the same Rights, to debar Mankind from the lawful Means of securing themselves from the Fear and Danger of so terrible a Plague.

As for the particular F�tor, that, accord_ing to the Letter, attends the Sores of the In_oculated; it is much of a Piece with the Story of the Kentish Long-Tayls: It shews him to be an utter Stranger to the whole Practice; and makes one doubt, whether he ever saw a Case of Inoculation quite through. And the Pointing at the Inoculated in the Streets, is as great an Instance of Barbarity, as the other is of Ignorance.

There is a Letter in Town from the Revd. Mr. Mather at Boston of a later Date, which has several remarkable Passages in it. The Distemper (meaning the Small Pox) has late_ly visited and ransacked the City of Boston; and in little more than half a Year, of about five thousand Persons, that have undergone it, near nine hundred have died.

But how many Lives might have been sav'd, if our unhappy Physicians had not poi_son'd and bewitch'd our People with a blind Rage, that has appear'd, very like a Satanick Possession, against the Method of Relief and Safety in the way of the Small Pox Inocula_ted? I prevail'd with one Physician (and for it, I have had bloody Attempts made upon my Life by some of our Energumens) to in_troduce the Practice; and the Experiment has been made upon almost three hundred Sub_jects in our Neighbourhood, young and old, from one Year to seventy; weak and strong, Male and Female, white and black; in Mid_summer, in Autumn and Winter: And it suc_ceeds to Admiration.

I cannot learn that any one has died of it, tho' the Experiment has been made under va_rious and marvellous Disadvantages. Five or six have died upon it or after it; but from other Accidents.

He mentions afterward that Cats had it; and takes notice of the same thing in Doctor Leigh's History of Lancashire; and subjoins,

That it was generally complain'd that Pi_geon-Houses of the City continu'd unfruitful; and the Pigeons did not lay or hatch, as they us'd to do, all the while that the Small Pox was in its Epidemical Progress: And it is very strongly affirmed, that our Dunghill Fowl felt much of the like upon them.

At last concludes; with the great Benefit they have found by Blisters early apply'd and continu'd in the natural Small Pox, and is sorry it was so late before they fell into this Way; but it has constantly prosper'd: I know not, says he, that it has once miscar_ried since we came into it. I refer the Read_er to his Letter annex'd.

It appears by this Letter, that somewhat more than one out of five, and less than one out of six died of the Distemper. And like_wise, by the Effects mention'd upon Animals, that the general Contagion was owing to a bad Disposition of the Air; and not char_geable upon Inoculation.

And lastly, notwithstanding the unfavou_rable Constitution of the Air, the Inoculated did well.

I doubt not but the impartial Reader is now satisfy'd that this Practice of Inocula_tion may be still beneficial to Mankind, not_withstanding any thing that the Doctor has adduc'd to the contrary, either by way of Argument or Fact. And that by the same zealous Partiality, it had been easy to have crush'd any, the most useful Practice in Me_dicine in the Beginning. It is pretty remar_kable, that in a Neighbouring Nation, where Agues are the best Branch of the Physicians Practice, the Use of the Bark has been, and is still in a great Measure, suppress'd by Me_thods not much unlike what are us'd against Inoculation; and indeed every one of the Doctor's Arguments would have concluded more strongly against the Use of the Cortex, than against this Practice. I will suppose any Stickler against the Bark to have reason'd thus in the Doctor's Strain. A Drug that has been only us'd among Slaves, an illiterate unthinking People, who have the Advantage of a warm Climate, and a Spare Dyet, is not fit to be immediately dispens'd to the English, whose Blood, speaking of it as National, is the Product of the Richest Dyet: Is it not plain by the Disease that it often leaves be_hind it, that it spoils the Constitution? Wit_ness the Jaundice, Tumours of the Legs, and other Cachexies that are often subsequent up_on it. Besides none but Empirics can give a Medicine of which they are not sure of the Dose; It is not plain that it will not answer the Design of preventing the Disease for the future? For notwithstanding the Use of this Drug, the Patient suffers many a Relapse. Besides there are not only one or two, but innu_merable Instances of People who have died after the Use of it; and others, who have had a diseased Constitution all the rest of their Lives. The Dispensers of this Medicine dis_agree widely among themselves, both as to the Manner of its Operation and the Dose; Some give it in Tincture; some in Substance; some in greater, some in lesser Quantities, &c. In fine, there are three Letters from a Friend in New England, which inform me that ma_ny who have taken the Bark have suffer'd ve_ry much; and Mrs. D---l, who had taken great Quantities of it, actually died, &c. Tho' I have not my self made Use of this Medicine, nor seen much of the Effects of it; I am well assur'd, that not a fourth part of the Diseases it pretends to cure, are Genuine Agues: Be_fore I had seen the Practice of this Medicine, I affirmed, that it was impossible, it would cure an Ague; but I am willing to retract that Opinion, being convinc'd by an Experiment, that it does so sometimes. It were easy to carry this Parallel reasoning thro' the whole Letter, not only with equal, but more Strength in most Places.

The Doctor, in appearing with so great Zeal against this Practice, is not the Repre_sentative of the whole Faculty. For there are many of them who from their Disinte_restedness and Innate Love to Mankind, are willing, that an Experiment should go on, which, in Proportion to the Extensiveness of the Practice, must necessarily diminish the Mortality of the Small Pox in general: This is a candid, as well as decent Way of proceed_ing. At the same Time, I only blame the Author of the Letter, and those who take part with him, for their too early and strong Prejudices; being unwilling to Censure their Intentions, which I hope, are for the Good of Mankind, as well as my own.

But there is still a stronger Dr. Massey's Sermon, Page 6. Objection a_gainst this Practice; That it is Unlawful, and first introduc'd by the Devil, who Ingrafted Job of the Confluent Sort of Small Pox.

From useful Discoveries, there can always be drawn important Consequences. First, Hence learn we, that the Small Pox is an ancient Disease; for if it was convey'd to Job by some such Way as Inoculation, the Matter must have been taken from some Bo_dy Infected with the Distemper. Secondly, That Sydenham was not the first that began the cool Regimen; for Job sat down upon the Ashes in the open Air; his Friends saw him afar off. Thirdly, That his Friends were tardy, above three Weeks before they came to see him; for in the Genuine Confluent Kind of Small Pox, it will be that Time before they can be scraping with a Potsherd. Fourthly, Beloved, this confluent Sort of Small Pox were more gentle, to be sure, than the common natural Ones; for he seems neither to have had Delirium, sore Throat, nor Shortness of Breath; he talk'd distinctly and good Sense.

Now here a Question ariseth, Whether an honest Man can do that which the Devil has done? I answer in the Affirmative; there are three things mention'd; of the Devil's Assem_bling himself (as in this Place) with the Sons of God; Believing, and Quoting of Scripture. All these Things a good Man may not only do, but is bound to do.

I readily agree with this Reverend Divine, that if Inoculating the Small Pox be an un_lawful Action, it cannot be justify'd by the Good which may ensue from it; but that it is unlawful, must be prov'd, either by some natural or positive Law: That this Reverend Gentleman has brought no such Proof, either from natural or reveal'd Religion, will ap_pear plain upon a very short Review of his Discourse.

Page 13.] He says he will attempt to prove, That Diseases are utterly unlawful to be infli_cted by any who profess themselves Christians: He terms it very right; for it is an Attempt to Prove, and no more. By restraining the Prohibition to Christians, one would think, there was some positive Command in the Go_spel against it; but he has brought none, which, by the most forc'd Construction, can prove Inoculation to be prohibited by the Christian Dispensation. I know of no Immorality that is forbid to a Christian, the Practice of which is allow'd to an Infidel. Indeed Morality is more clearly taught and more strongly en_forc'd by Rewards and Punishments amongst us; but it does not change its Nature amongst the rest of Mankind. He does not wonder, that the Practice of Inoculation should obtain, where the Doctrine of Fatality is believ'd; but the Misfortune is, that the Matter of Fact is quite otherwise: For if he had carefully pe_rus'd Dr. Wagstaffe's Discourse, which he so much commends , that would have inform'd him, That no Body pretends to give us an In_stance of an Inoculated Turk. And why? Be_cause their Belief of a Fatality makes them neglect very much the ordinary Helps of Me_dicine for perserving their Lifes.

Page 14.] The Instances which he gives of Almighty God's having given a miracu_lous Power to Mankind to inflict Diseases for their Punishment, does not prove, that He has not given them an ordinary one for their Benefit.

And his saying, [Pag.15] That no Man was ever yet condemn'd to an immediate Sickness, for Want of sufficient Authority; is, without any Proof. Diseases are External, and Internal; the Magistrate very often inflicts both: That Criminals are lawfully punish'd with the Mutilation of their Body, I suppose he will allow to be common. Is not that inflicting a Disease with a Witness? And are there not many Executions perform'd by Poison, which is inflicting an Internal mortal Disease? And here his own Argument turns upon him; for if Diseases are sent for the Punishment of our Sins, then it would seem to follow, that the Magistrate, who has a Power from God to punish our Crimes, has likewise a Power to inflict Diseases, for Sins that are manifest to him and all the World. The greater Power of inflicting Death, certainly includes the les_ser in the Choice of the Means: If, for Ex_ample, there should be a Law made to pu_nish the Inoculators with the Inoculation of some Disease, I fancy this Reverend Divine would not think it sinful or unreasonable.

Page 16.] He spends a long Paragraph, to prove what no Body ever deny'd; That a Man cannot lawfully do all that is in his Po_wer to do: And another as evident, That the Means, as well as the Intention, must be law_ful; but these are only general Propositions: The Subsumption, that inflicting Diseases for a good Purpose is unlawful, is only suppos'd, not prov'd.

Page 18.] He doubts whether the Life of Man be a Good or not. If the Life of Man is no Good, then, indeed, to act for the Pre_servation of it, is not to act for any good End; and consequently, not only this Practice, but all others in Medicine, and many other charitable Actions, must be given up. The rest of the Argument of this Paragraph, is grounded upon the Insufficiency of this Method for the Purpose intended. The Do_ctor might have remember'd, from his Ex_position of his Text, Job had the Small Pox by Inoculation from the Devil, even of a fa_vourable Sort; that he recover'd of them, and never had them again. But in this he must forgive me, if I put him in Mind, that he is out of his Sphere; and that notwithstanding his Professions to the contrary, he lays aside the Divine, and takes upon him the Physi_cian. The Question here is, Whether giving a Disease with a good Intention, be in it self an unlawful Action.

Page 20.] Another Argument is, That a Law which forbids the Evil, forbids also e_very thing that has a Tendency to it; therefore all causeless and voluntary Mutilations are for_bid: And yet, notwithstanding this Law against Mutilation, more express than any against I_noculation, Surgeons cut off Peoples Limbs. Here the Intention hallows the Action, which is in itself expresly forbid; and which is more, I believe no Surgeon will affirm, that in all Cases, where Limbs are cut off, there is a direct Impossibility to save the Patient's Life otherwise; or that the Operation is always successful. A Surgeon who cuts a Person for the Stone, even if his Patient dies of the Operation, does not think he has committed a mortal Sin, in inflicting a mortal Disease; and yet the Patient perhaps might have liv'd many Years, and not dy'd of the Distemper at last. The Difference of the two Cases, the one being for Cure, the other for Prevention, does not change the State of the Question; which, in general Terms, is this, Whether Mankind have a Lawful Power of inflicting Diseases for good Purposes? A Person who has not had the Small Pox, may be very justly consider'd, as having the Seeds of a mortal Distemper within him; and the Dread of it is surely a Suffering, that will justify the Lawfulness of using Means, which have the greatest Probability of saving him from a Danger, which, for ought he knows, may be nearer and greater, than that of a Stone in the Bladder. Anxiety and Bodily Pain, don't differ so much, as to make an Action lawful in one Case, sinful in the other.

Page 21.] But it seems it is a Tempting of Providence. And there is no great Diffe_rence between the Devil's Proposal to our Saviour, to cast himself down headlong, and that of Inoculation. It is wonderful, into what Absurdities, Zeal for an Opinion, will drive a Man, even to assert that there is no Difference between a Man's running into a Danger absolutely unnecessary, and from which nothing but a direct Miracle can save him; and a Venturing on a small Hazard to avoid a much greater. The Case put it as disadvantagiously as possible, more resem_bles that of a Person who leaps out of a Win_dow for fear of Fire, and surely that can ne_ver be reckon'd a Mistrust of Providence, even if he did it before he was much in Dan_ger; for no body can say that God Almighty may not save a Man from Fire in the ordi_nary Course of his Providence; And if a Per_son, who being prompted by his too early Fears had taken this Course, and lost his Life by the Fall; no body will arraign him of Self-murder: He might have done an impru_dent, but not a sinful Action. The Parents who suffer their Children to converse with their infected Relations; which differs in no Moral Point from the Case of Inoculation, would think it very hard to be treated as Ho_micides or Murderers of their Children, when the very Action proceeds from, the contrary Principle, extreme Tenderness.

Pag. 22.] In the former Page, it was a pre_sumptuous Trust; in this, it is an intire Mis_trust of Providence. He is sure to have the Inoculators some way or other.

Pag. 23.] They cannot pray for a Blessing upon their Endeavours; because Prayer sup_poses the Use of lawful Means.

I believe the contrary is true, for as a Person, who is Inoculated, puts himself more immediately into the Hands of God, if he has any Sense of Religion, cannot avoid praying for a Blessing upon the Means, which, to be sure, he thinks lawful, and has not yet been prov'd to be otherwise.

Page 24.] His Argument to prove that Inoculation tends to promote Vice and Immorality is the most extraordinary of all. This it does, by taking off the Dread of the Small Pox, and consequently the Re_straints of Sobriety that Mankind lie under upon that Account. This Reverend Gentle_man has very justly found fault with one Ma_xim, to do Evil that Good may come of it: But he has establish'd one, just as dangerous in the room of it, not to do Good least Evil come of it. For if the Diminishing the Fear of Dying of Diseases catch'd by Irregularity, is an Evil, then an able Physician is a com_mon Nuisance. We have reason to be thank_ful, that there are a sufficient Number left, who cannot be charg'd with being Encoura_gers of Vice and Immorality, upon this Score. This Principle in its full Extent would de_stroy all Works of Charity and Mercy; for the Hope of Forgiveness is an Encouragment to do Injuries; and the Hope of being re_liev'd in Want is a Discouragement to In_dustry.

I am touch'd with the devout Reflections upon Providence, that are all along spread thro' his Sermon, to which I subscribe with all my Heart; but I cannot so much com_mend the Distorting those great and solemn Truths of our Holy Religion to mantain lit_tle Party Interests and fashionable Opinions. The Text that is quoted Pag. 22. that the ve_ry Hairs of our Head are numbred; I take to be a stronger Argument against Periwigs and Shaving; than all that the Sermon contains against Inoculation: Our Hair of our Beards were given us for an Ornament by Provi_dence, and it is known, that many have catch'd great Colds with mortal Diseases en_suing upon them by Shaving. Is not a Man answerable for all the bad Effects that fol_low upon an unwarrantable Action that con_tradicts the very Intention of Providence?

The Peroration Page 29, is equal to any Piece of the whole Performance, Let the A_theist and the Scoffer, the Heathen and the Unbeliever disclaim a Dependance upon Pro_vidence: Let them Inoculate and be Inocu_lated, &c. I think this clinches the whole Matter; and this Reverend Gentleman has furnish'd us with a new, sensible and religious Test, an Atheist or Infidel can be found out, as a Witch, by the Marks upon his Body: And that, as it has been intimated already, that the Devil was the first Inoculator; I think, it is not impossible that the next zealous Preacher upon this Subject may prove the Cicatrices of Inoculation to be the Mark of the Beast. Thus it appears, that the Doctors Position, of the Unlawfulness of inflicting Diseases for good Purposes, is groundless, and contrary to the common Usages of Mankind.

I have been oblig'd to be the more parti_cular in answering this Sermon, because the Charge in it against the Inoculators, is hea_vier than that in the Letter, in as much as Immorality is a greater Fault than bad Pra_ctice in Physick.

From all that I have said, I will draw this one Conclusion; that there does not appear as yet any Objection of Weight enough to stop the Progress of the Practice of Inocula_tion. But if upon future Trials, it should be found that the Inconveniencies do over_ballance the Advantages of it; I shall then be as ready to condemn, as I am now to justify it.

Certificate of the Honourable Mr. Wil_liam Spencer's DEATH.

April 22, 1722.

UPON Examining the Body of the Ho_nourable William Spencer, Son of the Right Honourable the late Earl of Sunder_land; We found the Small Pox of a mix'd Sort, distinct in some Parts, and confluent in others; almost dry'd and scal'd through_out the Body: All the Inward Parts were in their natural State, and free from any Mark of the Small Pox. In the Right Ventricle of the Heart there were two Polipus's, where_of one was branch'd out into the Arteria Pulmonalis. In the Head, we found the Sur_face of the Brain full of Water; and the Sub_stance of it flabby; the Ventricles of it being as full of Water as they could hold; The Plexus Choroides being white by soaking in that Water: The Basis of the Brain was al_so full of Water. In the Longitudinal Sinus, there was a long and pretty large Polypus; and likewise one in the Lateral Sinus. The Cerebellum was in its natural State.

Apr. 22. 1722.

Sign'd thus, Claudius Amyand, Apo_thecar, Isaac Garnier, Thomas Garnier, John Reilliez, John Dolignon.

N.B. The Child seem'd to be in a fair Way on Saturday the 21st, 'till Two a-Clock in the Afternoon, when he was seiz'd with a Convulsion Fit, of which he dy'd in a Quarter of an Hour.

This is also Sign'd thus, Claudius Amyand, Apothecar Isaac Garnier, Thomas Garnier,

The CASE of Mr. Degrave's Daughter, in a LETTER to Mr. Maitland. SIR,

I Find my Daughter's Case has made some Noise in Town; and has been misrepre_sented. It was thus: She was Inoculated the 23d of Febr. 1721-2; and as I saw her daily during the three Weeks that she was con_fin'd after the Inoculation, so I can affirm, no Small Pox ever appear'd upon her during that Time, but only Heats and Fushings, attend_ed sometimes with Heaviness and Pain in her Head, and a little more Quickness of Pulse than usual, and oftentimes without any Dis_order at all: None of those Heats and Flush_ings ever came to Perfection, or to any thing like the Small Pox, which gave my Daugh_ter some Uneasiness; and the rather, that the other Persons, who had been Inoculated at the same Time, and in the same House with her, had a very fair distinct Small Pox, and yet had less Sickness than She: Nor did the Incisions in her Arms discharge so much and so long as theirs did; and therefore were compleatly heal'd in less than three Weeks Time, when the Sores of the other Persons were yet large and running. Thus all Expe_ctation of her having the Small Pox by the Inoculation being over, she was purg'd once or twice, and then discharg'd from her Con_finement, the 17th of March following: Nay, it was believ'd, she never would have that Distemper; for having been very much expos'd to the Infection, when she was but two Years of Age, and yet more when she was about Eight, without contracting it, this last Tryal being unsuccessful, seem'd to give a tolerable Ground for this Opinion. How_ever my Daughter continu'd discompos'd, and out of Order, when she came Home; the Heats and Flushings abovemention'd still sub_sisting on her, though in a lesser Degree; her Stomach loathing Flesh-meats, and her Rest disturb'd with Dreams and Horrors. She had likewise two small Boils, one under her Arm, and another on her Side: But none of these Accidents were troublesome enough to hin_der her Attendance on her accustom'd Busi_ness within and without the House: How_ever these continuing for about two Months after she came Home, she was purg'd once or twice, in order to remove them; but still they subsisted upon her, not to any Degree, 'till the Small Pox broke out upon her, which happen'd in this Manner: Three Days be_fore, she had heated herself extraordinarily; the first, by going to the Camp and back again, on Foot, in a very warm Day; the se_cond, by walking heartly to the Charter_House, to see her Brother, and returning Home; and the third Day in going and sit_ting at the Play-House in Lincolns-Inn_Fields: As she sat at this last Place, the Small Pox broke out upon her: at least, I never per_ceiv'd it upon her, 'till her Return; at which my Daughter was surpriz'd, she having had no Illness whatever, that could hinder her Plea_sure at the Play, and her walking Home; or any such precursory Warnings of that Di_stemper, which I hear have been divulg'd A_broad. As soon as the Small Pox had ap_pear'd, she recover'd her Stomach for those Flesh-meats she had loath'd before; and came to that natural compos'd Sleep, of which she had been depriv'd since the Inoculation; And she having gone through the most favourable Periods of that Distemper, she got well in Eight Days from That I perceiv'd the first Eruption; so that I must conclude, from the Symptoms which my Daughter was by Times afflicted with, during Eleven Weeks after she had been Inoculated, that it appears evi_dent to me, the Small Pox she had then, was the Effect of the Inoculation, although it has shew'd itself much later than is usual, after that Operation. As to the Itch, that appear'd upon her about the same Time with the Small Pox: I can only account for it thus; She had been Infected by her Brother, about three Months before she was Inoculated, and I thought her cur'd of it by the same Means that were Efficacious for the Cure of her Brother. It is certain that when she was, there was no Appearance subsisting of that Distem_per, nor any Shew of it, 'till that Time the Small Pox appear'd upon her. However, she is perfectly cur'd of the Itch, by the same Means that were us'd at first: And I thank God, my Daughter is at present well, if not better, in every Respect, than ever she was in her Life.

I am, SIR, Your most humble Servant, Isaac Degrave. August 23, 1722.

A Letter from Dr. Nettleton, at Halifax in Yorkshire, to Dr. Jurin, R. S. Secr. SIR,

IN Answer to what you require from me, as to what has been farther done, I have only to add, that since I writ to Dr. Whita_ker, I have made the Insition upon about fif_teen Persons, who have all had the Distem_per very favourably, and got thro' it with a great deal of Ease. As nothing uncommon or extraordinary did happen in any of these Cases, it will not be necessary to trouble you with a particular Account of any of them: They were most of them at some Distance; the Small Pox being, in a great Measure, gone from this Town and Neighbourhood.

I am very sensible of the Favour done me by the Royal Society, who were pleased to take Notice of my Letter to Dr. Whitaker, which you had nothing to move you to, be_sides a generous Disposition to encourage the smallest Attempts towards any thing, that may tend to publick Advantage. I must own that all the Information I had concerning this Affair, which I have happen'd to be engaged in, was entirely from the Philosophical Transactions. 'Tis now about six Years since the Royal Society did communicate to the World some Letters from two very conside_rable Physicians residing in Turky, whose good Sense or Integrity we had no reason to call in question; these Gentlemen did so_lemnly assure us, that the Method of Inocu_lation had been for many Years practis'd in those Parts of the World, with almost con_stant Success. I had, as well as all others who have been engaged in the Practice, with sufficient Sorrow and Concern, been called to many in the Small Pox, whose Cases were so deplorable, as to admit of no Relief. And therefore I could not but be very thoughtful about this Method, which promised to carry Persons thro' that cruel Distemper, with so much Ease and Safety. I was so far from knowing that it was a Crime, that I always thought it the Duty of our Profession, to do what we could to preserve the Lives of those who commit themselves to our Care. And I know no Reason, why we ought not, with all humble Thankfulness to Almighty God, to make Use of any Means, which his good Providence shall bring to Light conducing to that End. This matter, tho' of so great Im_portance, lying dormant so long after it was known, is, I presume a sufficient Proof, that none have been very forward to try Expe_riments. But when we had the Account in the publick Papers, that it had by their Royal_Highness's Command been done with Suc_cess at London; I could not be satisfy'd with_out trying it here. I was soon convinced, that it would be of very great Use; and the more Experience I have had of it since, the more I am confirm'd in the same Opinion. I believe all others, who have seen any thing of this Practice, are in the same Sentiment, and there is no doubt, but in a few Years the World will acknowledge the Service, which the Royal Society have done to Mankind, in first revealing to this Part of Europe, a Thing so beneficial as it will certainly prove; for tho' some few unfortunate Accidents may sometimes happen, yet these will be very rare in comparison of the many sad and disastrous Events, which this Distemper has been, and ever will be very fruitful of, while it is left to rage in its full Force and Violence.

Sir, I doubt not but when you have col_lected a sufficient number of Observations for it, you will be able to demonstrate, that the Hazard in this Method is very inconsiderable, in proportion to that in the ordinary way by accidental Contagion, so small, that it ought not to deter any body from making use of it. In order to satisfy my self, what Proportion the Number of those that die of the Small Pox, might bear to the whole Number that is seized with the Distemper; in the Natural way, I have made some Enquiry hereabouts, and I shall take the Freedom to transmit the Accounts to you, because I believe you may depend upon their being taken with sufficient Care and Impartiality. In Halifax since the Beginning of last Winter, 276 have had the Small Pox, and out of that Number 43 have died. In Rochdale, a small Neighbouring Market Town, 177 have had the Distemper, and 38 have died. In Leeds, 792 have had the Small Pox, and 189 have died. It is to be noted, that in this Town, the Small Pox have been more favourable this Season than usual, and in Leeds they have been more than usually mortal; but upon a Medium in these three Towns, there have died nearly 22 out of every hundred, which is above a fifth Part, of all that have been infected in the na_tural way. I have in these Accounts con_fin'd my self to the Limits of the Towns. The Numbers that have had the Small Pox in the Country round about, is vastly greater; but the Proportion of those that die is much the same. I have made the Enquiry in seve_ral Country Villages hereabouts, in some I found the Proportion to be greater, in others less, but in the main it is nearly the same.

I am, &c. Thomas Nettleton. Halifax, June 16. 1722.

Mr. Mathers Letter from Boston in New England. March 10&thsup; 1721/2. SIR,

SO considerable a Part of Mankind fear_fully perishing by the Small Pox; and many more of us grievously suffering by that miserable Distemper, you will allow me to entertain you with a few more Commu_nications, and writ (I think it's) a fourth Letter upon it.

The Distemper has lately visited and ran_sack'd the City of Boston; and in little more than half a Year, of more then five thousand Persons that have undergone it, near nine hundred have died. But how many Lives might have been saved, if our unhappy Phy_sicians, had not poison'd and bewitch'd our People with a blind Rage, that has appear'd very like a Satanick Possession, against the Method of Relief and Safety in the way of the Small Pox Inoculated.

I prevail'd with one Physician, (and for it I have had bloody Attempts made upon my Life by some of our Energumens) to intro_duce the Practice; and the Experiment has been made upon almost three hundred Ob_jects in our Neighbourhood, Young and Old; (from one Year to Seventy) weak and strong; Male and Female, White and Black; in Mid_summer, in Autumn, in Winter, and it suc_ceeds to Admiration.

I cannot learn that any one has died of it; tho' the Experiment has been made under va_rious and marvellous Disadvantages. Five or six have died upon it, or after it, but from o_ther Diseases or Accidents; chiefly from hav_ing taken the Infection in the common way, by Inspiration, before it could be given them in this way of Transplantation. However at present I need say no more of this, having al_ready given ou some Report of our Proceed_ings in it.

To them who are under the Inoculation of the Small Pox, we commonly give a Vomit, in the time of their Decumbiture, a Day or two before the expected Eruption. One of our Patients not vomiting so freely as he would have done, thrust a Finger or two into his Throat, which fetch'd up, what was to be discharg'd from his uneasy Stomach; He had but a few of the Small Pox, and the Pustules were sufficiently of the distinct Sort, as it uses to be where they have the Small Pox In_oculated; but the Fingers that had been thus employ'd, prov'd as full as they could hold, of the confluent Sort, which he now thought his whole Body would have been, if we had not in this Way prevented it.

Doctor Leigh in his Natural History of Lancashire, counts it an Occurrence worth relating, that there were some Catts known to catch the Small Pox; and pass regularly thro' the State of it, and then to die. We have had among us the very same Occur_rence.

It was generally observ'd and complain'd, that the Pigeon-Houses of the City continu'd unfruitful, and the Pigeons did not hatch or lay as they used to do, all the while that the Small Pox was in its Epidemical Progress: And it is very strongly affirm'd that our Dunghil Fowl felt much of the like Effect upon them.

We have so many among us, who have been visited with the Plague in other Coun_tries many Years ago, and who have never been arrested with the Small Pox after it, tho' they have been exposed as much as any other People to it; that it now begins to obtain a Belief with us, that they who have had the Plague, will never have the Small Pox af_ter it.

I will add but one Thing more. For Suc_cour under the Small Pox, where Life is in Danger, after all the Methods and Medicines, that our Sydenham and others rely upon; I can assure you, we have yet found nothing so sure as this; Procure for the Patient, as early as may be, by Epispastiks a plentiful Discharge at the Hand-writs, or Ancles, or both, (I say as early as may be) and keep them running till the Danger is over. When the Venom of the Small Pox, makes an evident or vio_lent Invasion on the Nobler Parts this Dis_charge does wonderfully. I am sorry it was so late before we fell into this Way; but it has constantly prosper'd: I know not that it has once miscarried, since we came into it.

March 10. 1721-22.

My Lord B---st's Servants Case, by one that constantly attended him.

MY Lord B----st's Six Children were Inoculated the 18th April: Five of them had got thro' the Small Pox before the 30th, when his Servant was Inoculated. He came from Cirencester to My Lord's House in London about the Time that his Children had the Small Pox on them, with an Intent to be Inoculated; but Matter could not be found so soon as desired, and the Fellow in the mean time liv'd among the Servants that attended on My Lord's Children: Whether he had contracted any Infection by that Commerce is not determin'd; or whether the Disorder he had on him three or four Days before he was Inoculated, may be ascribed to that, as some have thought, or to a Change of Dyet and Air, or only to a Cold caught; 'tis most certain he complain'd then of Pain in his Head and Bones; and was feverish. Doctor Mead was consulted, and order'd him to be blooded, vomited, and other Medicines for his Relief; and that the Inoculation should be Postpon'd till after his Recovery: For this End he was remov'd out of My Lord's House to a Nurse, who takes People in for the Small Pox. He got well of his Complaints the 28th April; and 'twas thought proper to Inocu_late him the 30th Ditto. He kept well till the 5th May, and then had no other Disorder on him than what is usual before the Eruption of the Small Pox after Inoculation. On the 6th the Eruptions were plain of the Distinct large Kind, and he was relieved on that Account; but at Night his Complaints returned on him, and were rather more severe than they had been, he having then a kind of Dilirium, fre_quent Vomitings and Stools; These conti_nuing the 7th, Doctor Arbothnot was call'd to his Assistance. Doctor Mead saw him also the next Day. They prescrib'd several things, which had the desir'd Success; but at this Time his Body was cover'd with Small Pox, and most of it of the confluent Sort. He continu'd in a tolerable good Way till the 11th of May, when his Fever was sharper on him, with a Dilirium and Difficulty of Breathing. He was then blooded and blisterd, but without any Effect. He died the 12th, and was open'd the 13th. Then upon Inspe_cting the Outside of his Body, the Face and Limbs were found as full of Small Pox as they could hold; as were also two Places in his Breast and Shoulders; they all appearing of the Confluent Sort. Nothing Material was observ'd in the Dissection of his Body, saving that the Lungs were Inflamed and mor_tified; and that in the Cavaties of the Thorax there was a pretty large Quantity of bloody Matter extravasated.

I Here think fit to declare, that whatever Pamphlets, Advertisements, or Queries are, or shall hereafter be publish'd in News Papers or otherwise, as some have lately been, with unknown or fictitious Names of Per_sons Inoculated; and false in Fact, mali_ciously intended to Discredit this Practice, and impose upon the Publick; I will not take any Notice of them, except the Author will own his Name, and bring sufficient Vouch_ers for what he advances.

FINIS.

&horbar

ERRATA.

|CSC |Y1735 A DEFENCE OF Free-Thinking IN MATHEMATICS. In Answer To a Pamphlet of Philalethes Cantabrigiensis, inti_tuled, Geometry no Friend to Infidelity, or a Defence of Sir Isaac Newton, and the British Mathe_maticians. Also an Appendix concerning Mr. Walton's Vindication of the Principles of Fluxions against the Objections contained in the Analyst. WHEREIN It is attempted to put this Controversy in such a Light as that every Reader may be able to judge thereof. &horbar By the Author of The Minute Philosopher. &horbar &horfill; Veritas odium parit. Ter. &horbar Epei de ho Mathēmatikos chrētai tois Koinois idiōs, kai tas toutōn archas an eiē theōrēsai tēs Prōtēs philosophias. Aristot. Metaph. I. xiij. LONDON: Printed for J. Tonson. MDCCXXXV. A DEFENCE OF FREE-THINKING IN Mathematics; &c.

I. WHEN I read your Defence of the British Mathematicians, I could not, Sir, but admire your Courage in asserting with such undoubting Assurance things so easily disproved. This to me seemed unaccountable, till I reflected on what you say (p. 32.) when upon my having appealed to every thinking Reader, whe_ther it be possible to frame any clear Con_ception of Fluxions, you express yourself in the following manner, "Pray, Sir, who are those thinking Readers you ap peal to? Are they Geometricians, or Persons wholly ignorant of Geometry? If the former, I leave it to them: If the latter, I ask how well are they qualified to judge of the Method of Fluxions"? It must be acknowledged you seem by this Dilemma secure in the favour of one Part of your Readers, and the ignorance of the other. I am nevertheless persuaded there are fair and candid Men among the Ma_thematicians. And for those who are not Mathematicians, I shall endeavour so to unveil this Mystery, and put the Contro_versy between us in such a Light, as that every Reader of ordinary Sense and Reflection may be a competent Judge thereof.

II. "YOU express an extreme Surprize and Concern, that I should take so much Pains to depreciate one of the no_blest Sciences, to disparage and traduce a Set of learned Men, whose Labours so greatly conduce to the Honour of this Island, (p. 5.) to lessen the Repu_tation and Authority of Sir Isaac New_ton and his Followers, by shewing that they are not such Masters of Reason as they are generally presumed to be; and to depreciate the Science they profess, by demonstrating to the World, that it is not of that Clearness and Certainty as is commonly imagined. All which, you insist, appears very strange to you and the rest of that famous University, who plainly see of how great Use Mathema_tical Learning is to Mankind." Hence you take occasion to declaim on the Usefulness of Mathematics in the several Branches, and then to redouble your Sur_prize and Amazement (p. 19. and 20.). To all which Declamation I reply, that it is quite beside the Purpose. For I allow, and always have allowed, its full claim of Merit to whatever is useful and true in the Mathematics: But that which is not so, the less it employs Men's time and thoughts, the better. And after all you have said or can say, I believe the unpreju_diced Reader will think with me, that things obscure are not therefore sacred; and that it is no more a Crime to canvass and de_tect unsound Principles or false Reasonings in Mathematics, than in any other Part of Learning.

III. YOU are, it seems, much at a loss to understand the Usefulness or Tendency or Prudence of my Attempt. I thought I had sufficiently explained this in the Ana_lyst. But for your further Satisfaction shall here tell you, it is very well known, that several Persons who deride Faith and Mys_teries in Religion, admit the Doctrine of Fluxions for true and certain. Now if it be shewn that Fluxions are really most incom_prehensible Mysteries, and that those, who believe them to be clear and scientific, do entertain an implicite Faith in the Author of that Method; will not this furnish a fair Argumentum ad Hominem against Men, who reject that very thing in Religion which they admit in human Learning? And is it not a proper Way to abate the Pride, and discredit the Pretensions of those, who insist upon clear Ideas in Points of Faith, if it be shewn that they do without them even in Science?

IV. AS to my timeing this Charge; why now and not before, since I had published Hints thereof many Years ago? Surely I am obliged to give no Account of this: If what hath been said in the Analyst be not sufficient; suppose that I had not Leisure, or that I did not think it expedient, or that I had no Mind to it. When a Man thinks fit to publish any Thing, either in Mathe_matics, or in any other Part of Learning; what avails it, or indeed what Right hath any one to ask, why at this or that Time; in this or that Manner; upon this or that Motive? Let the Reader judge, if it suffice not, that what I publish is true, and that I have a Right to publish such Truths, when and how I please, in a free Country.

V. I DO not say, that Mathematicians, as such, are Infidels; or that Geometry is a Friend to Infidelity; which you untruly insinuate, as you do many other Things; whence you raise Topics for invective: But I say there are certain Mathematicians, who are known to be so; and that there are o_thers, who are not Mathematicians, who are influenced by a Regard for their Au_thority. Some, perhaps, who live in the University, may not be apprised of this; but the intelligent and observing Reader, who lives in the World, and is acquainted with the Humour of the Times, and the Characters of Men, is well aware, there are too many that deride Mysteries, and yet admire Fluxions; who yield that Faith to a mere Mortal, which they deny to Jesus Christ, whose Religion they make it their Study and Business to discredit. The owning this is not to own, that Men who reason well, are Enemies to Religion, as you would represent it: On the contrary, I en_deavour to shew, that such Men are defec_tive in Point of Reason and Judgment, and that they do the very Thing they would seem to despise.

VI. THERE are, I make no doubt, among the Mathematicians many sincere Believers in Jesus Christ; I know several such my self; but I addressed my Analyst to an Infidel; and on very good Grounds, I supposed that besides him, there were other Deriders of Faith, who had never_theless a profound Veneration for Fluxions; and I was willing to set forth the Incon_sistence of such Men. If there be no such Thing as Infidels, who pretend to Knowledge in the modern Analysis, I own my self misin_formed, and shall gladly be found in a Mistake; but even in that Case, my Remarks upon Fluxions are not the less true; nor will it follow, that I have no Right to exa_mine them on the Foot of humane Science, even though Religion were quite unconcerned, and though I had no End to serve but Truth. But you are very angry (P. 13 and 14.) that I should enter the Lists with reasoning Infidels, and attack them upon their Pretensions to Science: And hence you take Occasion to shew your Spleen a_gainst the Clergy. I will not take upon me to say, that I know you to be a Minute Philosopher your self: But I know, the Minute Philosophers make just such Com_pliments as you do to our Church, and are just as angry, as you can be, at any who un_dertake to defend Religion by Reason. If we resolve all into Faith, they laugh at us and our Faith: And if we attempt to Rea_son, they are angry at us: They pretend we go out of our Province, and they re_commend to us a blind implicite Faith. Such is the Inconsistence of our Adversaries. But it is to be hoped, there will never be wanting Men to deal with them at their own Weapons; and to shew, they are by no Means those Masters of Reason, which they would fain pass for.

VII. I DO not say, as you would repre_sent me, that we have no better Reason for our Religion, than you have for Fluxions: But I say, that an Infidel, who believes the Doctrine of Fluxions, acts a very incon_sistent Part, in pretending to reject the Christian Religion, because he cannot be_lieve what he doth not comprehend; or because he cannot assent without Evidence; or because he cannot submit his Faith to Authority. Whether there are such Infidels, I submit to the Judgment of the Reader. For my own Part I make no Doubt of it, having seen some shrewd Signs thereof my self, and having been very credibly informed thereof by others. Nor doth this Charge seem the less credible, for your being so sen_sibly touched, and denying it with so much Passion. You, indeed, do not stick to affirm, that the persons, who informed me are a pack of base, profligate, and impudent liars, (P. 27.) How far the Reader will think fit to adopt your passions, I cannot say; but I can truly say, the late celebrated Mr. Ad_dison is one of the persons, whom you are pleased to characterize in those modest and mannerly terms. He assured me that the In_fidelity of a certain noted Mathematician, still living, was one principal reason assign_ed by a witty man of those times for his being an Infidel. Not, that I imagine Geo_metry disposeth Men to Infidelity; but that from other causes, such as Presumption, Ig_norance, or Vanity, like other Men, Geo_metricians also become Infidels, and that the supposed light and evidence of their Science gains credit to their Infidelity.

VIII. "YOU reproach me with Ca_lumny, detraction and artifice (P. 15.) You recommend such means as are in_nocent and just, rather than the crimi_nal method of lessening or detracting from my opponents (ibid.) You accuse me of the Odium Theologicum, the in_temperate Zeal of Divines, that I do stare super vias antiquas," (P. 13) with much more to the same effect. For all which charge I depend on the reader's candour, that he will not take your word, but read and judge for himself. In which case he will be able to discern (though he should be no Mathematician) how passio_nate and unjust your reproaches are, and how possible it is for a Man to cry out against Calumny and practise it in the same breath. Considering how impatient all Mankind are when their prejudices are looked into, I do not wonder to see you rail and rage at the rate you do. But if your own Imagination be strongly shocked and moved, you cannot therefore conclude, that a sincere endeavour to free a science, so useful and ornamental to Humane Life, from those subtilties, obscurities, and para_doxes, which render it inaccessible to most Men, will be thought a criminal under_taking by such as are in their right Mind. Much less can you hope that an illustrious seminary of Learned Men, which hath produced so many free-spirited inquirers af_ter Truth, will at once enter into your pas_sions, and degenerate into a nest of Bigots.

IX. I OBSERVE upon the Incon_sistency of certain Infidel Analysts. I re_mark some defects in the principles of the modern Analysis. I take the liberty de_cently to dissent from Sir Isaac Newton. I propose some helps to abridge the trouble of Mathematical Studies, and render them more useful. What is there in all this, that should make you declaim on the use_fulness of practical Mathematics? that should move you to cry out Spain, Inqui_sition, Odium Theologicum? By what figure of Speech, do you extend, what is said of the modern Analysis, to Mathematics in general, or what is said of Mathematical Infidels to all Mathematicians, or the con_futing an errour in Science to burning or hanging the Authors? But it is nothing new or strange, that Men should choose to indulge their passions, rather than quit their opinions how absurd soever. Hence the frightful visions and tragical uproars of Bigotted Men, be the Subject of their Bi_gotry what it will. A very remarkable in_stance of this you give (P. 27.) where, upon my having said that a deference to certain Mathematical Infidels, as I was credibly informed, had been one motive to Infidelity, you ask with no small emotion, "For God's sake are we in England or in Spain? Is this the language of a Fami_liar who is whispering an Inquisitor, &c." And, the page before, you exclaim in the following Words; "Let us burn or hang up all the Mathematicians in Great Britain, or halloo the mob upon them to tear them to pieces every Mother's Son of them, Tros Rutulusve fuat, Laymen or Clergymen, &c. Let us dig up the bodies of Dr. Barrow and Sir Isaac Newton, and burn them under the Gal_lows.

X. THE Reader need not be a Ma_thematician, to see how vain all this Tra_gedy of yours is. And if he be as tho_roughly satisfied as I am, that the cause of Fluxions cannot be defended by rea_son, he will be as little surprised as I am, to see you betake your self to the arts of all bigotted men, raising terror, and cal_ling in the passions to your assistance. Whether those Rhetorical flourishes about the Inquisition and the Gallows are not quite ridiculous, I leave to be determined by the Reader. Who will also judge (though he should not be skilled in Geo_metry) whether I have given the least grounds for this and a World of such like declamation? and whether I have not constantly treated those celebrated Wri_ters, with all proper respect, though I take the liberty in certain points to differ from them?

XI. AS I heartily abhor an Inquisition in Faith, so I think you have no right to erect one in Science. At the time of wri_ting your defence, you seem to have been overcome with Passion: But now you may be supposed cool, I desire you to re_flect whether it be not wrote in the true spirit of an Inquisitor? Whether this be_comes a Person so exceeding delicate him_self upon that Point? And whether your Brethren the Analysts will think them_selves honoured or obliged by you, for having defended their Doctrine, in the same manner as any declaiming Bigot would defend Transubstantiation? The same false colours, the same intemperate Sallies, and the same Indignation against common Sense!

XII. IN a matter of mere Science, where authority hath nothing to do, you constantly endeavour to overbear me with authorities, and load me with envy. If I see a Sophism in the writings of a great Author, and, in compliment to his un_derstanding, suspect he could hardly be quite satisfy'd with his own demonstra_tion: This sets you on declaiming for several pages. It is pompously set forth, as a criminal method of detracting from great men, as a concerted project to lessen their reputation, as making them pass for impostors. If I publish my free thoughts, which I have as much right to publish as any other man, it is imputed to rash ness and vanity and the love of opposition. Though perhaps my late publication, of what had been hinted twenty five years ago, may acquit me of this charge in the eyes of an impartial Reader. But when I consider the perplexities that beset a man, who undertakes to defend the doctrine of Fluxions, I can easily forgive your anger.

XIII. TWO sorts of learned men there are; one, who candidly seek Truth by rational means. These are never averse to have their principles looked into, and examined by the test of Reason. Ano_ther sort there is, who learn by route a set of principles and a way of thinking which happen to be in vogue. These betray themselves by their anger and sur_prise, whenever their principles are freely canvassed. But you must not expect, that your Reader will make himself a party to your passions or your prejudices. I freely own that Sir Isaac Newton hath shew'd himself an extraordinary Mathematician, a profound Naturalist, a Person of the greatest Abilities and Erudition. Thus far I can readily go, but I cannot go the lengths that you do. I shall never say of him as you do, Vestigia pronus adoro, (p. 70.) This same adoration that you pay to him, I will pay only to Truth.

XIV. YOU may, indeed, your self be an Idolator of whom you please: But then you have no right to insult and ex_claim at other men, because they do not adore your Idol. Great as Sir Isaac New_ton was, I think he hath, on more occa_sions than one, shew'd himself not to be infallible. Particularly, his demonstration of the Doctrine of Fluxions I take to be defective, and I cannot help thinking that he was not quite pleased with it himself. And yet this doth not hinder but the me_thod may be useful, considered as an art of Invention. You, who are a Mathema_tician, must acknowledge, there have been divers such methods admitted in Mathe_matics, which are not demonstrative. Such, for instance, are the Inductions of Doctor Wallis in his Arithmetic of Infinites, and such, what Harriot and, after him, Des_cartes have wrote concerning the roots of affected �quations. It will not, neverthe_less, thence follow that those methods are useless; but only, that they are not to be allowed of as Premisses in a strict Demonstration.

XV. NO great Name upon earth shall ever make me accept things obscure for clear, or Sophisms for Demonstrations. Nor may you ever hope to deter me from freely speaking what I freely think, by those arguments ab invidia which at every turn you employ against me. You re_present your self (P. 52.) as a man, whose highest Ambition is in the lowest degree to imitate Sir Isaac Newton.. It might, per_haps, have suited better with your appel_lation of Philalethes, and been altogether as laudable, if your highest ambition had been to discover Truth. Very consistently with the character you give of your self, you speak of it as a sort of crime (P. 70.) to think it possible, you should ever see further, or go beyond Sir Isaac Newton. And I am persuaded you speak the Senti_ments of many more besides your self. But there are others who are not afraid to sift the Principles of human Science, who think it no honour to imitate the greatest man in his Defects, who even think it no crime to desire to know, not only beyond Sir Isaac Newton, but beyond all Mankind. And whoever thinks otherwise, I appeal to the Reader, whether he can properly be called a Philosopher.

XVI. BECAUSE I am not guilty of your mean Idolatry, you inveigh against me as a person conceited of my own Abi_lities; not considering that a person of less Abilities may know more on a certain point than one of greater; not consider_ing that a purblind eye, in a close and narrow view, may discern more of a thing, than a much better eye in a more exten_sive prospect; not considering that this is to fix a ne plus ultra, to put a stop to all future inquiries; Lastly, not considering that this is in fact, so much as in you lies, converting the Republick of Letters into an absolute Monarchy, that it is even in_troducing a kind of Philosophic Popery among a free People.

XVII. I HAVE said (and I venture still to say) that a Fluxion is incomprehensible: That second, third, and fourth Fluxions are yet more incomprehensible: That it is not possible to conceive a simple Infinitesimal, that it is yet less possible to conceive an In_finitesimal of an Infinitesimal, and so on_ward. Analyst, Sect. 4. 5,6,&c. What have you to say in answer to this? Do you attempt to clear up the noti_on of a Fluxion or a Difference? Nothing like it; "you only assure me (upon your bare word) from your own experience, and that of several others whom you could name, that the Doctrine of Fluxions may be clearly conceived and distinctly comprehended; and that if I am puz_zled about it and do not understand it, yet others do". But can you think, Sir, I shall take your word when I refuse to take your Master's?

XVIII. UPON this point every Rea_der of common sense may judge as well as the most profound Mathematician. The simple apprehension of a thing defined is not made more perfect by any subsequent progress in Mathematics. What any man evidently knows, he knows as well as you or Sir Isaac Newton. And every one can know whether the object of this method be (as you would have us think) clearly conceivable. To judge of this, no depth of Science is requisite, but only a bare at_tention to what passes in his own mind. And the same is to be understood of all definitions in all Sciences whatsoever. In none of which can be supposed, that a man of Sense and Spirit will take any definition or principle upon trust, with_out sifting it to the bottom, and trying how far he can or he cannot conceive it. This is the course I have taken and shall take, however you and your Brethren may declaim against it, and place it in the most invidious Light.

XIX. IT is usual with you to admo_nish me to look over a second time, to consult, examine, weigh the words of Sir Isaac. In answer to which I will ven_ture to say, that I have taken as much pains as (I sincerely believe) any man living, to understand that great Author, and to make sense of his principles. No industry nor caution nor attention, I assure you, have been wanting on my part. So that, if I do not understand him, it is not my fault but my misfortune. Upon other subjects you are pleased to compliment me with depth of thought and uncommon abilities, (P. 5. and 84.) But I freely own, I have no pretence to those things. The only advantage I pretend to, is that I have always thought and judged for my self. And, as I never had a master in Mathe_matics, so I fairly followed the dictates of my own mind in examining, and censu_ring the authors I read upon that subject, with the same freedom that I used upon any other; taking nothing upon trust, and believing that no writer was infallible. And a man of moderate parts, who takes this painful course in studying the prin_ciples of any Science, may be supposed to walk more surely than those of greater abilities, who set out with more speed and less care.

XX. WHAT I insist on is, that the idea of a Fluxion, simply considered, is not at all improved or amended by any progress, though ever so great, in the Ana_lysis: neither are the demonstrations of the general rules of that method at all cleared up by applying them. The reason of which is, because in operating or calculat_ing, men do not return to contemplate the original principles of the method, which they constantly presuppose, but are em_ployed in working, by notes and symbols, denoting the Fluxions supposed to have been at first explained, and according to rules supposed to have been at first de_monstrated. This I say to encourage those, who are not far gone in these Studies, to use intrepidly their own judg_ment, without a blind or a mean de_ference to the best of Mathematicians, who are no more qualify'd than they are, to judge of the simple apprehension, or the evidence of what is delivered in the first elements of the method; men by further and frequent use or exercise becoming only more accustomed to the symbols and rules, which doth not make either the foregoing notions more clear, or the foregoing proofs more perfect. Every Reader of common sense, that will but use his faculties, knows as well as the most profound Analyst what idea he frames or can frame of Velocity without motion, or of motion without ex_tension, of magnitude which is neither fi_nite nor infinite, or of a quantity having no magnitude which is yet divisible, of a figure where there is no space, of pro portion between nothings, or of a real product from nothing multiplied by something. He need not be far gone in Geometry to know, that obscure principles are not to be ad_mitted in Demonstration: That if a man destroys his own Hypothesis, he at the same time destroys what was built upon it: That error in the premises, not rectified, must produce error in the conclusion.

XXI. IN my opinion the greatest men have their Prejudices. Men learn the ele_ments of Science from others: And every learner hath a deference more or less to authority, especially the young learners, few of that kind caring to dwell long up_on principles, but inclining rather to take them upon trust: And things early admit_ted by repetition become familiar: And this familiarity at length passeth for Evi_dence. Now to me it seems, there are certain points tacitly admitted by Mathe_maticians, which are neither evident nor true. And such points or principles ever mixing with their reasoning do lead them into paradoxes and perplexities. If the great author of the fluxionary method was early imbued with such notions, it would only shew he was a man. And if by vir_tue of some latent error in his principles a man be drawn into fallacious reasonings, it is nothing strange that he should take them for true: And, nevertheless, if, when urged by perplexities and uncouth conse_quences, and driven to arts and shifts, he should entertain some doubt thereof, it is no more than, one may naturally suppose, might befall a great genius grappling with an insuperable difficulty: Which is the light in which I have placed Sir Isaac New_ton Analyst, Sect. xviij. Hereupon you are pleased to re_mark, that I represent the great author not only as a weak but an ill man, as a Deceiver and an Impostor. The Reader will judge how justly.

XXII. AS to the rest of your colourings and glosses, your reproaches and insults and outcries, I shall pass them over, on_ly desiring the Reader not to take your word, but read what I have written, and he will want no other answer. It hath been often observed that the worst cause produceth the greatest clamour, and indeed you are so clamorous throughout your defence that the Reader, although he should be no Mathematician, provided he understands common sense and hath observed the ways of men, will be apt to suspect you are in the wrong. It should seem, therefore, that your Brethren the Analysts are but little obliged to you, for this new method of declaiming in Mathe_matics. Whether they are more obliged by your Reasoning I shall now examine.

XXIII. YOU ask me (p. 32.) where I find Sir Isaac Newton using such expressions as the Velocities of Velocities, the second, third, and fourth Velocities, &c. This you set forth as a pious fraud and unfair repre_sentation. I answer, that if according to Sir Isaac Newton a Fluxion be the veloci_ty of an increment, then according to him I may call the Fluxion of a Fluxion the Ve_locity of a Velocity. But for the truth of the antecedent see his introduction to the Qua_drature of Curves, where his own words are, motuum velincrementorum velocitates nominando Fluxiones. See also the second Lemma of the second Book of his mathematical principles of natural Philosophy, where he expresseth himself in the following manner, velocitates incrementorum ac decrementorum, quas etiam, motus, mutationes & fluxiones quantitatum nominare licet. And that he ad_mits Fluxions of Fluxions, or second, third, fourth Fluxions, &c. see his Treatise of the Quadrature of the Curves. I ask now, Is it not plain, that if a Fluxion be a Velocity, then the Fluxion of a Fluxion may agreea_bly thereunto be called the Velocity of a Velocity? In like manner if by a Fluxion is meant a nascent augment, will it not then follow, that the Fluxion of a Fluxion, or second Fluxion is the nascent augment of a nascent augment? Can any thing be plain_er? Let the Reader now judge who is unfair.

XXIV. I HAD observed, that the Great Author had proceeded illegitimately, in ob_taining the Fluxion or moment of the Rec_tangle of two flowing quantities; and that he did not fairly get rid of the Rectangle of the moments. In answer to this you al_ledge, that the error arising from the o_mission of such rectangle (allowing it to be an error) is so small that it is insignificant. This you dwell upon and examplify to no other purpose, but to amuse your Reader and mislead him from the Question; which in truth is not concerning the accuracy of computing or measuring in practice, but concerning the accuracy of the reasoning in science. That this was really the case, and that the smallness of the practical error no wise concerns it, must be so plain to any one who reads the Analyst, that I won_der how you could be ignorant of it.

XXV. YOU would fain persuade your Reader, that I make an absurd quarrel a_gainst errors of no significancy in practice, and represent Mathematicians as proceeding blindfold in their approximations; in all which I cannot help thinking there is on your part either great ignorance or great disingenuity. If you mean to defend the reasonableness and use of approximations, or of the method of Indivisibles, I have nothing to say. But then you must remem_ber this is not the Doctrine of Fluxions: It is none of that Analysis with which I am concerned. That I am far from quar_relling at approximations in Geometry is manifest from the thirty third and fifty third Queries in the Analyst. And that the method of Fluxions pretends to some_what more than the method of Indivisibles is plain; because Sir Isaac disclaims this method as not Geometrical. See the Scholium at the end of the first Section, Lib. 1. Phil. Nat. Princip. Math. And that the method of Fluxions is supposed accu_rate in Geometrical rigour is manifest, to whoever considers what the Great Author writes about it; especially in his Intro_duction to the Quadrature of Curves, where he saith In rebus mathematicis errores quam minimi non sunt contemnendi. Which ex_pression you have seen quoted in the Ana_lyst, and yet you seem ignorant thereof, and indeed, of the very End and Design of the Great Author in this his invention of Fluxions.

XXVI. AS oft as you talk of finite quan_tities inconsiderable in practice, Sir Isaac disowns your apology. Cave, saith he, in_tellexeris finitas. And although Quantities less than sensible may be of no account in practice, yet none of your masters, nor will even you yourself venture to say, they are of no account in Theory and in Reasoning. The application in gross practice is not the point questioned, but the rigour and just_ness of the reasoning. And it is evident that, be the subject ever so little, or ever so inconsiderable, this doth not hinder but that a person treating thereof may com_mit very great errors in Logic, which Lo_gical errors are in no wise to be measured by the sensible or practical inconveniences thence arising, which, perchance, may be none at all. It must be owned, that after you have mislead and amused your less qua_lified Reader (as you call him) you return to the real point in controversy, and set your self to justifie Sir Isaac's method of getting rid of the abovementioned Rectan_gle. And here I must intreat the Reader to observe how fairly you proceed.

XXVII. FIRST then you affirm (P. 44.) "that, neither in the Demonstration of the Rule for finding the Fluxion of the rec_tangle of two flowing quantities, nor in any thing preceding or following it, is any mention so much as once made of the increment of the rectangle of such flowing quantities." Now I affirm the direct contrary. For in the very passage by you quoted in this same page, from the first case of the second lemma of the second Book of Sir Isaac's Principles, beginning with Rectangulum quodvis motu perpetuo auctum, and ending with igitur laterum in_crementis totis a et b generatur rectanguli incrementum a B x b A Q. E. D.. In this very passage, I say, is express mention made of the increment of such rectangle. As this is matter of fact, I refer it to the Reader's own eyes. Of what rectangle have we here the Increment? Is it not plainly of that whose sides have a and b for their Incre_menta tota, that is of AB? Let any Reader judge whether it be not plain from the words, the sense, and the context, that the Great Author in the end of his demonstra_tion understands his incrementum as belong_ing to the Rectangulum quodvis at the begin_ning. Is not the same also evident from the very Lemma it self prefixed to the Demon_stration? The sense whereof is (as the Au_thor there explains it) that if the moments of the flowing quantities A and B are cal_led a and b, then the momentum vel mutatio geniti rectanguli AB will be aB x bA. Either therefore the conclusion of the de_monstration is not the thing which was to be demonstrated, or the rectanguli incremen_tum belongs to the rectangle AB.

XXVIII. ALL this is so plain that no_thing can be more so; and yet you would fain perplex this case by distinguish_ing between an increment and a moment. But it is evident to every one, who has any notion of Demonstration, that the incre_mentum in the Conclusion must be the mo_mentum in the Lemma; and to suppose it otherwise is no credit to the Author. It is in effect supposing him to be one who did not know what he would demonstrate. But let us hear Sir Isaac's own words: Earum (quantitatum scilicet fluentium) incrementa vel decrementa momentanea sub nomine mo_mentorum intelligo. And you observe your self that he useth the word moment to sig_nify either an increment or decrement. Hence, with an intention to puzzle me, you propose the increment and decrement of AB, and ask which of these I would call the moment? The case, you say, is difficult. My answer is very plain and easy, to wit, Either of them. You, indeed, make a different answer, and from the Author's saying that, by a moment he understands either the mo_mentaneous increment or decrement of the flowing quantities, you would have us con_clude, by a very wonderful inference, that his moment is neither the increment nor decrement thereof. Would it not be as good an inference, Because a number is either odd or even, to conclude it is neither? Can any one make sense of this? Or can even your self hope that this will go down with the Reader, how little soever qualified? It must be owned, you endeavour to obtrude this inference on him, rather by mirth and humour than by reasoning. You are merry, I say, and (P. 46.) represent the two ma_thematical quantities as pleading their rights, as tossing up cross and pile, as dis_puting amicably. You talk of their claim_ing preference, their agreeing, their boy_ishness and their gravity. And after this in_genious disgression you address me in the fol_lowing words. &horfill; Believe me there is no re_medy, you must acquiesce. But my answer is, that I will neither believe you nor ac_quiesce; there is plain remedy in common sense; and, to prevent surprise, I desire the Reader always to keep the controverted point in view, to examine your reasons, and be cautious how he takes your word, but most of all when you are positive or eloquent or merry.

XXIX. A PAGE or two after, you very candidly represent your case to be that of an Ass between two bottles of hay; it is your own expression. The cause of your perplexity is, that you know not whether the velocity of AB increasing or of AB decreasing is to esteemed the Fluxion, or proportional to the moment of the rec_tangle. My opinion, agreeably to what hath been premised, is that either may be deemed the Fluxion. But you tell us (P. 49.) "that you think, the venerable ghost of Sir Isaac Newton whispers you, The Velocity you seek for is neither the one nor the other of these, but is the ve_locity which the flowing rectangle hath, not while it is greater or less than AB, but at that very instant of time that it is AB." For my part, in the rectangle AB considered simply in it self, without either increasing or diminishing, I can con_ceive no velocity at all. And if the Reader is of my mind, he will not take either your word, or even the word of a Ghost, how venerable soever, for velocity without mo_tion. You proceed and tell us that, in like manner, the moment of the rectangle is neither its increment nor decrement. This you would have us believe on the authority of his Ghost, in direct opposition to what Sir Isaac himself asserted when alive. In crementa (saith he) vel decrementa momen_tanea sub nomine momentorum intelligo: ita ut incrementa pro momentis addititiis seu affirmativis, ac decrementa pro subductitiis seu negativis habeantur. Princip. Phil. Nat. Lib. II Lem. II. I will not in your style bid the Reader believe me, but believe his eyes.

XXX. TO me it verily seems, that you have undertaken the defence of what you do not understand. To mend the matter, you say, "you do not consider AB as ly_ing at either extremity of the mo_ment, but as extended to the middle of it; as having acquired the one half of the moment, and as being about to acquire the other; or, as having lost one half of it, and being about to lose the other." Now, in the name of Truth, I intreat you to tell what this moment is, to the middle whereof the rectangle is extended? This moment, I say, which is acquired, which is lost, which is cut in two, or distinguish_ed into halfs? Is it a finite quantity, or an infinitesimal, or a mere limit, or nothing at all? Take it in what sense you will, I cannot make your defence either consistent or intelligible. For if you take it in either of the two former senses, you contradict Sir Isaac Newton. And if you take it in either of the latter, you contradict common sense; it being plain, that what hath no magnitude, or is no quantity, cannot be divided. And here I must intreat the Rea_der to preserve his full freedom of mind intire, and not weakly suffer his judgment to be overborn by your imagination and your prejudices, by great names and au_thorities, by Ghosts and Visions, and a_bove all by that extreme satisfaction and complacency with which you utter your strange conceits; if words without a mean_ing may be called so. After having given this unintelligible account, you ask with your accustomed air, "What say you, Sir? Is this a just and legitimate reason for Sir Isaac's proceeding as he did? I think you must acknowledge it to be so." But alas! I acknowledge no such thing. I find no sense or reason in what you say. Let the Reader find it if he can.

XXXI. IN the next Place (P. 50.) you charge me with want of caution. "Inas_much (say you) as that quantity which Sir Isaac Newton through his whole Lemma, and all the several Cases of it, constantly calls a Moment, without con_fining it to be either an increment or decrement is by you inconsiderately and arbitrarily, and without any Shadow of of Reason given, supposed and deter_mined to be an increment." To which Charge I reply that it is untrue as it is peremptory. For that, in the foregoing citation from the first case of Sir Isaac's Lemma, he expresly determines it to be an Increment. And as this particular Instance of Passage was that which I objected to, it was reasonable and proper for me to consider the Moment in that same Light. But take it increment or decrement as you will, the Objections still lie, and the Difficulties are equally insuperable. You then pro_ceed to extoll the great Author of the fluxio_nary Method, and to bestow some Brus_queries upon those who unadvisedly dare to differ from him. To all which I shall give no answer.

XXXII. AFTERWARDS to re_move (as you say) all Scruple and Difficulty about this affair, you observe that the Mo_ment of the Rectangle determined by Sir Isaac Newton, and the Increment of the Rectangle determined by me, are perfectly and exactly equal, supposing a and b to be diminished ad infinitum: and for proof of this, you refer to the first Lemma of the first Section of the first Book of Sir Isaac's Principles. I answer, that if a and b are real quantities, then ab is something, and consequently makes a real difference: but if they are nothing, then the Rectangles whereof they are coefficients become nothing likewise: and consequently the momentum or incrementum, whether Sir Isaac's or mine, are in that Case nothing at all. As for the abovementioned Lem_ma, which you refer to, and which you wish I had consulted sooner, both for my own sake and for yours; I tell you I had long since consulted and considered it. But I very much doubt whether you have suf_ficiently considered that Lemma, its De_monstration, and its Consequences. For, however that way of reasoning may do in the Method of exhaustions, where quanti_ties less than assignable are regarded as nothing; yet for a Fluxionist writing a_bout momentums, to argue that quantities must be equal because they have no assign_able difference, seems the most injudici_ous Step that could be taken: it is direct_ly demolishing the very Doctrine you would defend. For it will thence follow, that all homogeneous momentums are e_qual, and consequently the velocities, mutations, or fluxions proportional thereto, are all likewise equal. There is, therefore, only one proportion of equality through_out, which at once overthrows the whole System you undertake to defend. Your moments (I say) not being themselves as_signable quantities, their differences cannot be assignable: and if this be true, by that way of reasoning it will follow, they are all equal, upon which Supposition you cannot make one Step in the Method of Fluxions. It appears from hence, how unjustly you blame me (P. 32.) for omitting to give any Account of that first Section of the first Book of the Principia, wherein (you say) the Foundation of the Method of Fluxions is geometrically demonstrated and largely explained, and difficulties and ob_jections against it are clearly solved. All which is so far from being true, that the very first and fundamental Lemma of that Section is incompatible with, and subver_sive of the doctrine of Fluxions. And, indeed, who sees not that a Demonstra_tion ad absurdum more veterum proceeding on a Supposition, that every difference must be some given quantity, cannot be admitted in, or consist with, a method, wherein Quantities, less than any given, are supposed really to exist, and be capable of division?

XXXIII. THE next point you under_take to defend is that method for obtain_ing a rule to find the Fluxion of any Power of a flowing Quantity, which is delivered in the introduction to the Quadratures, and considered in the Analyst. Sect. 13,14, &c. And here the question between us is, whether I have rightly represented the sense of those words, evanescant jam augmenta illa, in rendering them, let the increments vanish, i.e. let the increments be nothing, or let there be no increments? This you deny, but, as your manner is, instead of giving a reason you declaim. I, on the contrary affirm, the increments must be understood to be quite gone and absolutely nothing at all. My reason is, because with_out that supposition you can never bring the quantity or expression &c. down to , the very thing aimed at by supposing the evanescence. Say whe_ther this be not the truth of the case? Whether the former expression is not to be reduced to the latter? And whether this can possibly be done so long as o is suppo_sed a real Quantity? I cannot indeed say you are scrupulous about your affirmati_ons, and yet I believe that even you will not affirm this; it being most evident, that the product of two real quantities is some_thing real; and that nothing real can be rejected either according to the akribeia of Geometry, or according to Sir Isaac's own principles; for the truth of which I ap_peal to all who know any thing of these matters. Further by evanescent must either be meant, let them (the increments) vanish and become nothing, in the obvious sense, or else let them become infinitely small. But that this latter is not Sir Isaac's sense is evident from his own words in the very same page, that is, in the last of the Introduction to his Quadratures, where he expressly saith volui ostendere quod in me_thodo Fluxionum non opus sit figuras infinit� parvas in Geometriam introducere. Upon the whole, you seem to have considered this affair so very superficially, as greatly to confirm me in the opinion, you are so an_gry with, to wit, that Sir Isaac's followers are much more eager in applying his me_thod, than accurate in examining his prin_ciples. You raise a dust about evanescent augments which may perhaps amuse and amaze your Reader, but I am much mis_taken if it ever instructs or enlightens him. For, to come to the point, those evanescent augments either are real quantities, or they are not. If you say they are; I desire to know, how you get rid of the rejectaneous quantity? If you say they are not; you instead get rid of those quantities in the com_position whereof they are coefficients; but then you are of the same opinion with me, "which opinion you are pleased to call (P. 58.) a most palpable, inexcusable, and unpardonable blunder, although it be a Truth most palpably evident".

XXXIV. NOTHING, I say, can be plainer to any impartial Reader, than that by the Evanescence of augments, in the above cited passage, Sir Isaac means their being actually reduced to nothing. But to put it out of all doubt, that this is the truth, and to convince even you, who shew so little disposition to be convinced, I de_sire you to look into his Analysis per �qua_tiones infinitas (P. 20.) where, in his pre_paration for demonstrating the first rule for the squaring of simple Curves, you will find that on a parallel occasion, speak_ing of an augment which is supposed to vanish, he interprets the word evanescere by esse nihil. Nothing can be plainer than this, which at once destroys your defence. And yet, plain as it is, I despair of making you acknowledge it; though I am sure you feel it, and the Reader if he useth his eyes must see it. The words Evanescere sive esse nihil do (to use your own expression) stare us in the face. Lo! "This is what you call (P. 56.) so great, so unaccounta_ble, so horrid, so truly Bœotian a blunder" that, according to you, it was not possible Sir Isaac Newton could be guilty of it. For the future, I advise you to be more sparing of hard words: Since, as you in_cautiously deal them about, they may chance to light on your friends as well as your adversaries. As for my part, I shall not retaliate. It is sufficient to say you are mistaken, But I can easily pardon your mistakes. Though, indeed, you tell me on this very occasion, that I must expect no quarter from Sir Isaac's followers. And I tell you that I neither expect nor desire any. My aim is truth. My reasons I have given. Confute them, if you can. But think not to overbear me either with au_thorities or harsh words. The latter will recoil upon your selves: The former in a matter of science are of no weight with indifferent Readers; and as for Bigots, I am not concerned about what they say or think.

XXXV. IN the next place you pro_ceed to declaim upon the following pas_sage taken from the seventeenth section of the Analyst. "Considering the various arts and devices used by the great au_thor of the fluxionary method: In how many lights he placeth his Fluxions: and in what different ways he attempts to demonstrate the same point: One would be inclined to think, he was himself sus_picious of the justness of his own de_monstrations." This passage you com_plain of as very hard usage of Sir Isaac Newton. You declaim copiously, and endeavour to shew that placing the same point in various lights is of great use to explain it; which you illustrate with much Rhetoric. But the fault of that passage is not the hard usage it contains: But on the contrary, that it is too modest, and not so full and expressive of my sense, as per_haps it should have been. Would you like it better if I should say, the various incon_sistent accounts, which this great author gives of his momentums and his fluxions, may convince every intelligent Reader that he had no clear and steady notions of them, without which there can be no de_monstration? I own frankly that I see no clearness or consistence in them. You tell me indeed, in Miltonic verse, that the fault is in my own eyes, So thick a drop serene has quench'd their orbs, Or dim Suffusion veil'd.

At the same time you acknowledge your self obliged for those various lights, which have enabled you to understand his Doc trine. But as for me who do not understand it, you insult me, saying: "For God's sake what is it you are offended at, who do not still understand him"? May not I answer, that I am offended for this very reason; because I cannot understand him or make sense of what he says? You say to me, that I am all in the dark. I ac_knowledge it, and intreat you who see so clearly, to help me out.

XXXVI. YOU, Sir, with the bright eyes, be pleased to tell me, whether Sir Isaac's momentum be a finite quantity, or an infinitesimal, or a mere limit? If you say, a finite quantity: Be pleased to recon_cile this with what he says in the Scho_lium of the second Lemma of the first Section of the first book of his Principles: Cave intelligas quantitates magnitudine determinatas, sed cogita semper diminnuendas sine limite If you say, an infinitesimal: reconcile this with what is said in the Introduction to his Quadratures: Volui ostendere quod in methodo Fluxionum non opus sit figuras infinit� parvas in Geome_triam introducere. If you should say, it is a mere limit, be pleased to reconcile this with what we find in the first case of the second Lemma in the second book of his principles: Ubi de lateribus A et B deerant momentorum dimidia, &c. where the moments are supposed to be divided. I should be very glad, a person of such lu_minous intellect would be so good as to explain, whether by Fluxions we are to understand the nascent or evanescent quan_tities themselves, or their motions, or their Velocities, or simply their proportions: and having interpreted them in what sense you will, that you would then conde_scend to explain the Doctrine of second, third, and fourth Fluxions, and shew it to be consistent with common sense if you can. You seem to be very sanguine when you express your self in the following terms. "I do assure you, Sir, from my own Experience, and that of many o_thers whom I could name, that the Doctrine may be clearly conceived and distinctly comprehended" (p. 31.) And it may be uncivil not to believe what you so solemnly affirm, from your own ex_perience. But I must needs own, I should be better satisfied of this, if, instead of entertaining us with your Rhetoric, you would vouchsafe to reconcile those diffi_culties, and explain those obscure points abovementioned. If either you, or any one of those many whom you could name, will but explain to others what you so clearly con_ceive your selves, I give you my word that several will be obliged to you who, I may venture to say, understand those matters no more than my self. But, if I am not much mistaken, you and your friends will modestly decline this task.

XXXVII. I HAVE long ago done what you so often exhort me to do, dili_gently read and considered the several ac_counts of this Doctrine given by the great Author in different parts of his writings: and upon the whole I could never make it out to be consistent and intelligible. I was even led to say, "that one would be in_clined to think , He was himself suspi_cious of the justness of his own demon_strations: and that he was not enough pleased with any one Notion steadily to adhere to it." After which I ad_ded, "Thus much is plain that he own_ed himself satisfied concerning certain points, which nevertheless he could not undertake to demonstrate to others." See the seventeenth section of the Analyst. It is one thing when a Doctrine is placed in various lights: and another, when the principles and notions are shifted. When new devices are introduced and substitu_ted for others, a Doctrine instead of being illustrated may be explained away. Whe_ther there be not something of this in the present case I appeal to the writings of the Great Author. His methodus ra_tionum primarum et ultimarum, His second Lemma in the second book of his prin_ciples, his Introduction and Treatise of the Quadrature of the Curves. In all which it appears to me, there is not one uniform doctrine explained and carried throughout the whole, but rather sundry inconsistent accounts of this new Method, which still grows more dark and confused the more it is handled: I could not help thinking, the greatest genius might lie under the influence of false principles; and where the object and notions were exceeding ob_scure, he might possibly distrust even his own demonstrations. "At least thus much seemed plain, that Sir Isaac had sometime owned himself satisfied, where he could not demonstrate to others. In proof whereof I mentioned his letter to Mr. Collins; Hereupon you tell me: there is a great deal of difference be_tween saying, I cannot undertake to prove a thing, and I will not under_take it." But in answer to this, I de_sire you will be pleased to consider, that I was not making a precise extract out of that letter, in which the very words of Sir Isaac should alone be inserted. But I made my own remark and inference, from what I remembred to have read in that letter; where, speaking of a certain Mathematical matter, Sir Isaac expresseth himself, in the following terms. "It is plain to me by the fountain I draw it from; though I will not undertake to prove it to others." Now whether my inference may not be fairly drawn from those words of Sir Isaac Newton; and whether the difference as to the sense be so great between will and can in that particular case, I leave to be determined by the Reader.

XXXVIII. IN the next paragraph you talk big, but prove nothing. You speak of driving out of intrenchments, of fallying and attacking and carrying by assault; of slight and untenable words, of a new-raised and undisciplined militia, and of veteran regular troops. Need the Reader be a Ma_thematician to see the vanity of this para_graph? After this you employ (P. 65) your usual colouring, and represent the great Author of the method of Fluxions "as a Good old Gentleman fast asleep, and snoring in his easy chair; while dame Fortune is bringing him her apron full of beautiful theorems and problems, which he never knows or thinks of." This you would have pass for a consequence of my notions. But I appeal to all those who are ever so little knowing in such matters, whether there are not divers fountains of Experiment, Induction, and Analogy, whence a man may derive and satisfy himself concerning the truth of ma_ny points in Mathematics and Mechanical Philosophy, although the proofs thereof afforded by the modern Analyst should not amount to demonstration? I further appeal to the conscience of all the most profound Mathematicians, whether they can, with perfect acquiescence of mind free from all scruple, apply any proposition merely upon the strength of a Demonstra_tion involving second or third Fluxions, without the aid of any such experiment or analogy or collateral proof whatsoever? Lastly, I appeal to the Reader's own heart, whether he cannot clearly conceive a me_dium between being fast asleep and demon_strating? But you will have it, that I re_present Sir Isaac's Conclusions as com_ing out right, because one error is compen_sated by another contrary and equal error, which perhaps he never knew himself nor thought of: that by a twofold mistake he arrives though not at science yet at Truth: that he proceeds blindfold, &c. All which is untruly said by you, who have misap_plied to Sir Isaac what was intended for the Marquis de l' Hospital and his fol lowers, for no other end (as I can see) but that you may have an opportunity to draw that ingenious portraiture of Sir Isaac Newton and Dame Fortune, as will be ma_nifest to whoever reads the Analyst.

XXXIX. YOU tell me (p. 70), if I think fit to persist in asserting, "that this affair of a double error is entirely a new discovery of my own, which Sir Isaac and his followers never knew nor thought of, that you have unquestiona_ble evidence to convince me of the con_trary, and that all his followers are already apprised, that this very objecti_on of mine was long since foreseen, and clearly and fully removed by Sir Isaac Newton in the first section of the first book of his Principia". All which I do as strongly deny as you affirm. And I do aver, that this is an unquestionable proof of the matchless contempt which you, Philalethes, have for Truth. And I do here publickly call up_on you, to produce that evidence which you pretend to have, and to make good that fact which you do so confidently affirm. And, at the same time, I do assure the Reader that you never will, nor can.

XL. IF you defend Sir Isaac's notions as delivered in his Principia, it must be on the rigorous foot of rejecting nothing, neither admitting nor casting away infi_nitely small quantities. If you defend the Marquis, whom you also stile your Ma_ster, it must be on the foot of admitting that there are infinitesimals, that may be rejected, that they are nevertheless real quantities, and themselves infinitely sub_divisible. But you seem to have grown giddy with passion, and in the heat of controversy to have mistaken and forgot your part. I beseech you, Sir, to consider, that the Marquis (whom alone, and not Sir Isaac this double error in finding the subtangent doth concern) rejects indeed in_finitesimals, but not on the foot that you do, to wit, their being inconsiderable in practical Geometry or mixed Mathematics. But he rejects them in the accuracy of Spe_culative Knowledge: in which respect there may be great Logical errors, al_though there should be no sensible mistake in practice: which, it seems, is what you cannot comprehend. He rejects them like_wise in virtue of a Postulatum, which I venture to call rejecting them without ce_remony. And though he inferreth a con_clusion accurately true, yet he doth it, contrary to the rules of Logic, from inac curate and false premises. And how this comes about, I have at large explained in the Analyst, and shewed in that particular case of Tangents, that the Rejectaneous Quantity might have been a finite quanti_ty of any given magnitude, and yet the conclusion have come out exactly the same way; and consequently, that the truth of this method doth not depend on the reason assigned by the Marquis, to wit, the postu_latum for throwing away Infinitesimals; and therefore that he and his followers acted blindfold, as not knowing the true reason for the conclusion's coming out ac_curately right, which I shew to have been the effect of a double error.

XLI. THIS is the truth of the matter, which you shamefully misrepresent and declaim upon, to no sort of purpose but to amuse and mislead your Reader. For which conduct of yours throughout your remarks, you will pardon me if I cannot otherwise account, than from a secret hope that the reader of your defence would never read the Analyst. If he doth, He cannot but see what an admirable Method you take to defend your cause: How in_stead of justifying the Reasoning, the Lo_gic or the Theory of the case specified, which is the real point, you discourse of sensible and practical errors: And how all this is a manifest imposition upon the Reader. He must needs see that I have expresly said, "I have no controversy ex_cept only about your Logic and me_thod: that I consider how you demon_strate; what objects you are conversant about; and whether you conceive them clearly? That I have often expressed my self to the same effect, desiring the Reader to remember, that I am only concerned about the way of coming at your theorems, whether it be legitimate or illegitimate, clear or obscure, scienti_fic or tentative: That I have on this ve_ry occasion, to prevent all possibility of mistake, repeated and insisted that I consider the Geometrical Analyst as a Logician, i.e. so far forth as he reasons and argues; and his mathematical con_clusions not in themselves but in their premises; not as true or false, useful or insignificant, but as derived from such principles, and by such inferences". Analyst, Sect. XX. You affirm (and indeed what can you not affirm?) that the difference between the true subtangent and that found without any compensation is absolutely nothing at all. I profess my self of a contrary opini on. My reason is because nothing cannot be divided into parts. But this difference is capable of being divided into any, or into more than any given number of parts; For the truth of which consult the Mar_quis de l' Hospital. And, be the error in fact or in practice ever so small, it will not thence follow that the error in Rea_soning, which is what I am alone con_cerned about, is one whit the less, it being evident that a man may reason most absurd_ly about the minutest things.

XLII. PRAY answer me fairly, once for all, whether it be your opinion that whatsoever is little and inconsiderable e_nough to be rejected without inconve_nience in practice, the same may in like manner be safely rejected and overlooked in Theory and Demonstration. If you say no, it will then follow, that all you have been saying here and elsewhere, about yards and inches and decimal fractions, set_ting forth and insisting on the extreme small_ness of the rejectaneous quantity, is quite foreign to the argument, and only a piece of skill to impose upon your Reader. If you say yes, it follows that you then give up at once all the orders of Fluxions and Infinitesimal Differences; and so most im_prudently turn all your sallies and attacks and Veterans to your own overthrow. If the Reader is of my mind, he will de_spair of ever seeing you get clear of this Dilemma. The points in controversy have been so often and so distinctly noted in the Analyst, that I very much wonder how you could mistake if you had no mind to mistake. It is very plain, if you are in earnest, that you neither understand me nor your Masters. And what shall we think of other ordinary Analysts, when it shall be found that even you, who, like a Champion step forth to defend their prin_ciples, have not considered them.

XLIII. THE impartial Reader is in_treated to remark throughout your whole performance, how confident you are in as_serting, and withall how modest in proving or explaining: How frequent it is with you to employ Figures and Tropes in_stead of Reasons: How many difficulties proposed in the Analyst are discreetly over_looked by you, and what strange work you make with the rest: How grosly you mistake and misrepresent, and how little you practise the advice which you so libe_rally bestow. Believe me, Sir, I had long and maturely considered the principles of the modern Analysis, before I ventured to publish my thoughts thereupon in the Analyst. And since the publication there_of, I have my self freely conversed with Mathematicians of all ranks, and some of the ablest Professors, as well as made it my business to be informed of the Opinions of others, being very desirous to hear what could be said towards clearing my diffi_culties or answering my objections. But though you are not afraid or ashamed to represent the Analysts as very clear and uni_form in their Conception of these matters, yet I do solemnly affirm (and several of themselves know it to be true) that I found no harmony or agreement among them, but the reverse thereof, the greatest disso_nance, and even contrariety of Opinions, employed to explain what after all seem_ed inexplicable.

XLIV. SOME fly to proportions be_tween nothings. Some reject quantities be_cause infinitesimal. Others allow only finite quantities, and reject them because incon_siderable. Others place the method of Fluxions on a foot with that of Exhaust_ions, and admit nothing new therein. Some maintain the clear conception of Fluxions. Others hold they can demon_strate about things incomprehensible. Some would prove the Algorism of Fluxions by reductio ad absurdum; others a priori. Some hold the evanescent increments to be real quantities, some to be nothings, some to be limits. As many Men, so many minds: Each differing one from another, and all from Sir Isaac Newton. Some plead inaccurate expressions in the great Author, whereby they would draw him to speak their sense, not considering that if he meant as they do, he could not want words to express his meaning. Others are magisterial and positive, say they are satisfied, and that is all, not con_sidering that we, who deny Sir Isaac Newton's Authority, shall not submit to that of his Disciples. Some insist, that the Conclusions are true, and therefore the principles, not considering what hath been largely said in the Analyst Sect. XIX, XX. &c. on that head. Lastly several (and those none of the meanest) frankly owned the objections to be unanswerable. All which I mention by way of Antidote to your false Colours: and that the unprejudiced Inquirer after Truth may see, it is not without founda_tion, that I call on the celebrated Mathema_ticians of the present Age to clear up these obscure Analytics, and concur in giv_ing to the publick some consistent and intelligible account of the principles of their great Master: which if they do not, I believe the World will take it for gran_ted that they cannot.

XLV. HAVING gone through your Defence of the British Mathematicians, I find in the next place, that you attack me on a point of Metaphysics, with what success the Reader will determine. I had upon another Occasion many years ago wrote against Abstract general Ideas. Introduction to a Treatise concerning the Principles of Human Knowledge, printed in the Year MDCCX. In opposition to which, you declare your self to adhere to the vulgar opinion, that nei_ther Geometry nor any other general Sci_ence can subsist without general Ideas. (P. 74.) This implies that I hold there are no general Ideas. But I hold the direct contrary, that there are indeed general Ideas, but not formed by abstraction in the man_ner set forth by Mr. Locke. To me it is plain, there is no consistent Idea, the likeness whereof may not really exist. Whatsoever therefore is said to be some_what which cannot exist, the Idea thereof must be inconsistent. Mr. Locke acknowledg_eth it doth require Pains and Skill to form his general Idea of a Triangle. He further expresly saith, it must be neither oblique nor rectangular, neither equilateral, equi_crural, nor scalenum; but all and none of these at once. He also saith, it is an Idea wherein some parts of several diffe_rent and inconsistent Ideas are put toge_ther. Essay on Humane Understanding, b.iv. c.vii. �. ix. All this looks very like a Con_tradiction. But to put the Matter past dispute, it must be noted, that he affirms it to be somewhat imperfect that cannot ex_ist; consequently the Idea thereof is im_possible or inconsistent.

XLVI. I DESIRE to know, whether it is not possible for any thing to exist, which doth not include a contradiction: And if it is, whether we may not infer, that what cannot possibly exist, the same doth include a contradiction: I further desire to know, whether the reader can frame a distinct idea of any thing that includes a contradiction? For my part, I cannot, nor consequently of the above_mentioned Triangle; Though you (who it seems know better than my self what I can do) are pleased to assure me of the contrary. Again, I ask whether that, which it is above the power of man to form a compleat idea of, may not be called incomprehensible? And whether the Reader can frame a compleat idea of this imperfect, impossible Triangle? And if not, whether it doth not follow that it is incomprehensible? It should seem, that a distinct aggregate of a few consistent parts was nothing so difficult to conceive, or impossible to exist; and that, therefore your Comment must be wide of the Au_thor's meaning. You give me to under_stand (P. 82.) that this account of a ge_neral Triangle was a trap which Mr. Locke set to catch fools. Who is caught therein let the Reader judge.

XLVII. IT is Mr. Locke's opinion, that every general name stands for a ge_neral abstract idea, which prescinds from the species or individuals comprehended under it. Thus, for example, according to him, the general name Colour stands for an idea, which is neither Blue, Red, Green nor any other particular colour, but somewhat distinct and abstracted from them all. To me it seems, the word Colour is only a more general name applicable to all and each of the particular colours; while the other specific names, as Blue, Red, Green, and the like are each re_strained to a more limited signification. The same may be said of the word Tri_angle. Let the Reader judge whether this be not the case; and whether he can distinctly frame such an idea of colour as shall prescind from all the species there of, or of a triangle which shall answer Mr. Locke's account, prescinding and ab_stracting from all the particular sorts of triangles, in the manner aforesaid.

XLVIII. I intreat my Reader to think. For if he doth not, he may be under some influence from your confident and positive way of talking. But any one who thinks may, if I mistake not, plainly perceive that you are deluded, as it often happens, by mistaking the terms for ideas. Nothing is easier, than to define in terms or words that which is incomprehensible in idea, forasmuch as any words can be either se_parated or joined as you please, but ideas always cannot. It is as easy to say a round square as an oblong square, though the for_mer be inconceivable. If the Reader will but take a little care to distinguish between the Definition and the Idea, between words or expressions and the conceptions of the mind, he will judge of the truth of what I now advance, and clearly perceive how far you are mistaken, in attempting to illu_strate Mr. Locke's Doctrine, and where your mistake lies. Or, if the Reader is minded to make short work, he needs only at once to try whether laying aside the words he can frame in his mind the idea of an impossi_ble triangle; upon which trial the issue of this dispute may be fairly put. This do_ctrine of abstract general ideas seemed to me a capital error, productive of number_less difficulties and disputes, that runs not only throughout Mr. Locke's book, but through most parts of Learning. Conse_quently, my animadversions thereupon were not an effect of being inclined to carp or cavil at a single passage, as you would wrongfully insinuate, but proceeded from a love of Truth and a desire to banish, so far as in me lay, false principles and wrong ways of thinking, without respect of per_sons. And indeed, though you and other Party-men are violently attached to your respective Masters, yet I, who profess my self only attached to Truth, see no reason why I may not as freely animadvert on Mr. Locke or Sir Isaac Newton, as they would on Aristotle or Descartes. Certainly the more extensive the influence of any Error, and the greater the authority which supports it, the more it deserves to be con_sidered and detected by sincere Inquirers after Knowledge.

XLIX. IN the close of your perfor_mance, you let me understand, that your Zeal for Truth and the reputation of your Masters hath occasioned your reprehending me with the utmost freedom. And it must be owned you have shewn a singular talent therein. But I am comforted under the severity of your reprehensions, when I con_sider the weakness of your arguments, which, were they as strong as your reproofs, could leave no doubt in the mind of the Reader concerning the matters in dispute between us. As it is, I leave him to re_flect and examine by your light, how clear_ly he is enabled to conceive a fluxion, or the fluxion of a fluxion, a part infinitely small subdivided into an infinity of parts, a nascent or evanescent increment, that which is neither something nor nothing, a triangle formed in a point, velocity with_out motion, and the rest of those arcana of the modern Analysis. To conclude, I had some thoughts of advising you how to conduct your self for the future, in re_turn for the advice you have so freely im_parted to me: but, as you think it becomes me rather to inform my self than instruct others, I shall, for my further information, take leave to propose a few Queries to those learned Gentlemen of Cambridge, whom you associate with your self, and re_present as being equally suprised at the tendency of my Analyst.

L. I desire to know, whether those who can neither demonstrate nor conceive the principles of the modern Analysis, and yet give into it, may not be justly said to have Faith, and be styled believers of mys_teries? Whether it is impossible to find a_mong the Physicians, mechanical Philoso_phers, Mathematicians, and Philomathe_maticians of the present age, some such Believers, who yet deride Christians for their belief of Mysteries? Whether with such men it is not a fair, reasonable, and legitimate method to use the Argumentum ad Hominem? And being so, whether it ought to surprise either Christians or Scho_lars? Whether in an age wherein so ma_ny pretenders to science attack the Chri_stian Religion, we may not be allowed to make reprisals, in order to shew that the Irreligion of those men is not to be presumed an effect of deep and just think_ing? Whether an attempt to detect false reasonings, and remedy, defects in Mathe_matics, ought to be ill received by Ma_thematicians? Whether the introducing more easy methods and more intelligible principles in any science should be dis_countenanced? Whether there may not be fair objections as well as cavils? And whe_ther to inquire diligently into the meaning of terms and the proof of propositions, not excepting against any thing without assigning a reason, nor affecting to mistake the signification of words, or stick at an expression where the sense was clear, but considering the subject in all lights, sincerely endeavouring to find out any sense or meaning whatsoever, candidly setting forth what seems obscure and what fal_lacious, and calling upon those, who pro_fess the knowledge of such matters, to explain them; whether, I say, such a pro_ceeding can be justly called cavilling? Whether there be an ipse dixit erected? And if so, when, where, by whom, and upon what Authority? Whether even where Authority was to take place, one might not hope the Mathematics, at least, would be excepted? Whether the chief end, in making Mathematics so conside_rable a part of Academical Education, be not to form in the minds of young Stu_dents habits of just and exact Reasoning? And whether the study of abstruse and subtile matters can conduce to this end, unless they are well understood, examin_ed, and sifted to the bottom? Whether, therefore, the bringing Geometrical demon_strations to the severest test of Reason should be reckoned a discouragement to the studies of any learned Society? Whe_ther to separate the clear parts of things from the obscure, to distinguish the real Principles, whereon Truths rest, and whence they are derived, and to propor_tion the just measures of assent according to the various degrees of evidence, be an useless or unworthy Undertaking? Whe_ther the making more of an argument than it will bear, and placing it in an un_due rank of evidence, be not the likely way to disparage it? Whether it may not be of some use, to provoke and stir up the learned professors to explain a part of Mathematical Learning, which is acknow_ledged to be most profound, difficult, and obscure, and at the same time set forth by Philalethes and many others, as the greatest instance that has ever been given of the extent of humane abilities? Whe_ther for the sake of a Great man's disco_veries, we must adopt his errors? Lastly, whether in an age wherein all other prin_ciples are canvassed with the utmost free_dom, the principles of Fluxions are to be alone excepted?

AN APPENDIX CONCERNING Mr. WALTON's VINDICATION Of Sir Isaac Newton's Principles of Fluxions.

I. I HAD no sooner considered the performance of Philale_thes, but Mr. Walton's Vindi_cation of Fluxions was put into my hands. As this Dub_lin Professor gleans after the Cantabrigian, only endeavouring to translate a few pas_sages from Sir Isaac Newton's Principia, and enlarge on a hint or two of Philale thes, he deserves no particular notice. It may suffice to advertise the Reader, that the foregoing Defence, contains a full and explicite Answer to Mr. Walton, as he will find, if he thinks it worth his pains to read what this Gentleman hath written, and compare it therewith: Particularly with Sect. 18, 20, 30, 32, 33, 34, 35, 36, 43. It is not, I am sure, worth mine to repeat the same things, or confute the same notions twice over, in mere regard to a writer who hath copied even the manners of Philalethes, and whom in answering the other I have, if I am not much mistaken, sufficiently answered.

II. Mr. Walton touches on the same points that the other had touched upon be_fore him. He pursues a hint which the other had given Philalethes, p. 32., about Sir Isaac's first Section concerning Rationes prim� & ultim�. He discreetly avoids, like the other, to say one syllable of second, third, or fourth Fluxi_ons, and of divers other points mentioned in the Analyst, about all which I observe in him a most prudent and profound si_lence. And yet he very modestly gives his Reader to understand, that he is able to clear up all difficulties and objections, that have ever been made (P. 5). Mr. Walton in the beginning, like Philalethes, from a par_ticular case makes a general inference, supposing that Infidelity to be imputed to Mathematicians in general, which I suppose only in the person to whom the Analyst was addressed, and certain other persons of the same mind with him: Whether this extraordinary way of reasoning be the cause or effect of his passion, I know not: But before I had got to the end of his Vindi_cation, I ceased to be surprized at his Lo_gic and his temper in the beginning. The double error, which in the Analyst was plainly meant to belong to others, he with Philalethes (whose very oversights he ad_opts) supposeth to have been ascribed to Sir Isaac Newton (P. 38.) And this wri_ter also, as well as the Cantabrigian, must needs take upon him to explain the mo_tive of my writing against Fluxions: which he gives out, with great assurance, to have been, because Sir Isaac Newton had presumed to interpose in Prophecies and Revelations, and to decide in religi_ous affairs (P. 4.) which is so far from be_ing true, that, on the contrary, I have a high value for those learned remains of that Great Man, whose original and free Genius is an eternal reproach to that tribe of followers, who are always imitating, but never resemble him. This specimen of Mr. Walton's truth will be a warning to the Reader to use his own eyes, and in obscure points never to trust the Gen_tleman's Candour, who dares to misrepre_sent the plainest.

III. I WAS thinking to have said no more concerning this Author's perform_ance. But lest he should imagine himself too much neglected, I intreat the Reader to have the patience to peruse it; and if he finds any one point of the doctrine of Fluxions cleared up, or any one objection in the Analyst answered, or so much as fairly stated, let him then make his compliments to the Author. But if he can no more make sense of what this Gen_tleman has written than I can, he will need no answer to it. Nothing is easier, than for a man to translate or copy, or compose a plausible discourse of some pages in technical terms, whereby he shall make a shew of saying somewhat, although neither the Reader nor himself understand one Tittle of it. Whether this be the case of Mr. Walton, and whether he un_derstands either Sir Isaac Newton, or me, or himself, (whatever I may think) I shall not take upon me to say. But one thing I know, that many an unmeaning Speech passeth for significant by the mere assu rance of the Speaker, till he cometh to be catechised upon it; and then the truth sheweth it self. This Vindicator, indeed, by his dissembling nine parts in ten of the difficulties proposed in the Analyst, shew_eth no inclination to be catechised by me. But his Scholars have a right to be in_formed. I, therefore, recommend it to them, not to be imposed on by hard words and magisterial assertions, but care_fully to pry into his sense, and sift his meaning, and particularly to insist on a distinct answer to the following questions.

IV. LET them ask him, whether he can conceive velocity without motion, or motion without extension, or extension without magnitude? If he answers that he can, let him teach them to do the same. If he cannot, let him be asked, how he reconciles the idea of a Fluxion which he gives (P. 13.) with common sense? Again, let him be asked, whether nothing be not the product of nothing multiplied by something? And if so, when the difference between the Gnonom and the sum of the rectangles See Vindication, p. 17. vanisheth, whether the rectangles themselves do not also vanish? i.e. when a b is nothing, whether be not also nothing? i.e. whether the momentum of AB be not nothing? Let him then be asked, what his momentums are good for, when they are thus brought to nothing? Again, I wish he were asked to explain the difference be_tween a magnitude infinitely small and a magnitude infinitely diminished. If he saith there is no difference: Then let him be further asked how he dares to explain the method of Fluxions by the Ratio of mag_nitudes infinitely diminished (P. 9.) when Sir Isaac Newton hath expressly excluded all consideration of quantities infinitely small? See the Introduction to his Quadratures. If this able Vindicator should say that quantities infinitely diminished are nothing at all, and consequently that, ac_cording to him, the first and last Ratio's are proportions between nothings, let him be desired to make sense of this, or explain what he means by proportion between no_things. If he should say the ultimate pro_portions are the Ratio's of mere limits, then let him be asked how the limits of lines can be proportioned or divided? After all, who knows but this Gentleman, who hath already complained of me for an uncom_mon way of treating Mathematics and Ma_thematicians (P. 5.) may (as well as the Cantabrigian) cry out, Spain and the In_quisition, when he finds himself thus closely pursued and beset with Interrogatories? That we may not, therefore, seem too hard on an innocent man, who probably meant nothing, but was betray'd by following another into difficulties and straits that he was not aware of, I shall propose one single expedient, by which his Disciples (whom it most concerns) may soon satisfy them_selves, whether this Vindicator really un_derstands what he takes upon him to vin_dicate. It is in short, that they would ask him to explain the second, third or fourth Fluxions upon his Principles. Be this the Touchstone of his Vindication. If he can do it, I shall own my self much mistaken: If he cannot, it will be evident that he was much mistaken in himself, when he pre_sumed to defend Fluxions without so much as knowing what they are. So having put the merits of the cause on this issue, I leave him to be tried by his Scholars.

FINIS.